2009-11-12
"'-',""
Regular November Term Held November 12, 2009
THE STATE OF TEXAS ~
~
COUNTY OF CALHOUN ~
BE IT REMEMBERED, that on this 12th day of November, A.D., 2009 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
Vern Lyssy
Neil E. Fritsch
Kenneth W. Finster
Wendy Marvin
County Judge
Commissioner, Precinct 2
Commissioner, Precinct 3
Commissioner, Precinct 4
Deputy County Clerk
Commissioner Galvan was absent from the meeting.
Thereupon the following proceedings were had:
Commissioner Lyssy gave the Invocation and Commissioner Finster led the Pledge to the USA
Flag and Commissioner Fritsch led the Pledge to the Texas Flag.
APPROVAL OF MINUTES:
A Motion was made by Commissioner Finster and seconded by Commissioner Fritsch that the
Minutes of September 24, 2009, October 12, 2009 and October 22, 2009 meetings be approved
as presented. Commissioners Lyssy, Fritsch, Finster and Judge Pfeifer all voted in favor.
Michael J. Pfeifer
County Judge
Neil E. Fritsch
Commissioner, Precinct 3
Roger C. Galvan
Commissioner, Precinct 1
Kenneth W. Finster
Commissioner, Precinct 4
Vern Lyssy
Commissioner, Precinct 2
Wendy Marvin
Deputy County Clerk
FUEL BIDS:
The County Auditor read the following fuel bids, which were opened by Peggy Hall and Susan
Riley for the period beginning November 16, 2009 and ending December 15, 2009. After
reviewing said bids, a Motion was made by Commissioner Lyssy and seconded by Commissioner
Fritsch to accept the bid submitted by Sun Coast Resources for the automated card system fuel
and for diesel fuel to be delivered and accept the bid of Diebel Oil Co., Inc. for regular unleaded
fuel to be delivered. Commissioners Lyssy, Fritsch, Finster and Judge Pfeifer all voted in favor.
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C~I COUNTY. TEXAS BID lIEn. gL-8Ul~_DB.lVUiJ.l_~___._________~._______..__.__._--_.._-]
INVII A nON 10 III
"UDEft ..ilL III.
lAM..
"'_71
, NIT LAV"
I . .
BID mMt lFRt.BULI DBMRED
IX TN8
~ RJIII fBI1I* NOVEMBER' &. 2009 PaIIIIJ Ill: OECEMB!:F\ ;!. 2009
'YO\) ARiE INVITED TO SUBMIT A 810 ON THE ASOVE ITeM TO: MICHAEl. J WIIFER, CAi.HCUNCO/JNTY JUDG~ 111 S ,4N1'/ tlr.
""'Q FL.O~'. flfOOM .taf, 1'0"1 LA VACA 1X m7'l
aIDs S!1QULO BE SUI!!MI'ITEO IN A SEAl.~ eNVel.Ope PLAINLY MARKED: $!,~LZD ,,,0- !!'liI'C.a~L.K DWViiif'D-----'
OIOS A~l! DUe At THi! JUDQ!'S 0f'1l10! ON OR Bl!flOR!: 10:'00 AM, THUFfSDA Y. NOV."'''.'' 6, 20tJS
filDS WILL BE AWARCE:> AT THE COMMISSIONERS' eOUAl MEETI/liG ON: T'HL.'''$DAY, NO~M.fR f~ ~DO'
1htc C.LO~~K IN THE COUNTY JUOGE'$OFFlCE IS THE Ol=FIC1AL. CLOCK THA'f wuse USED IN Oere~MINlNG THEilMe THAT A BIO IS
RECElve;~j) AND THE TIME THAT BIDS WILL BE OPI!!N!D. elDS F'\!CI!lV!O AflI1!l\ TH! OPI!NING TIM! Will !II! AI!TUAN!O UNOPI!NI!D 1':;1
BIOOEF\.THE COMMISSIONE:Rl>' COURT RESEMV&STHE MIGHT TO WAIVE Tf.iOHNICAl.iTlES. P.EJECT ANY OR AU. BIOS, "0 ....OOEF'T 'I'HE' ~IO
DEEMEO MOST At>VANTAG~OU$ TO CALHOUN COUNT'{ AND TO eE THE &OLE JUOGE IN OE'TERMINING WHICH 1310$ Wil.l.'ge MOS"'"
ADVANT.AiGEOUS TO 11-1& COlJNi"'1. '7HE COUNlY OF CAL~OUN, TEXAS IS AN I!:~UAL I!MPLOYMl!I\.'l OPPORTUNI:V El".PLOVI!A. ,MI:. COUNn'
ooes NQT OI$CFlIMINA'TE ON THE BMIS Of' AAoe. COLOR. NATIONAi. OFlII)IN, Sl:x., RELIGION, AGE OR HJl.NOlOA/l'PtO $TA1'Ua IN
EMFLOYMENT OFl THE P~OVI8ION OF SERVICES. .
~I PU....IULK DILIWItID
~rM!:ID VARIOUS
:~.~:~4)N "08 COUNTY FUEL 'rANK.
yAftIOU.
--~---------~----~-------~-,-~~~------~-~~--~-~~
1il!M;JJ!Ji,p:A "'"N~'D:msEL FUEL
>>OELIVERY mutll b. made Wllt1in 24 hour. flft,r r.:;lr/ing 1)I'0.r from the County DepArtmenl in Ih, QUlllfllity
ora..d. It vendor can net d.li....r wl1t1m 24 nQl.Irl (lr '''11... te a.liver, the County Department wili order from tho nlxt
IoWM1 tJldd,r.
Jo~RlCE Per Gallon MUST INCLUOE ~II ref'8 Emd e~ar9"'s lnulu,.;!ng aU "!"allCSlF'Ml8 the COLinly l~ no~ I!lllemp~ from (lor
.)(&",,'-:10,20 Stat. Exel8! Tsx. Stete Dellve~IEr\VlrMmenlal Feea, Federal on Sj)!Il Fl$oov!ry !-ees 5f.d rederal
l.UST Tali)
:>>FI1EE r-nOM WATER ANO SUSF>l'!NOED MArrE~
-~~-----~~----------~~~~_.~-~-~~--~~----~-~~~-~-
JJJ:fJI
GALLON
Ut1J.T PRICE (;4;5"" S-
-.,--..-.--..
~I$ATJP..f1.Ji REGULAR UNLEADBD GASOLINE
>>DEUVERY must be m.o. within 24 1I01.lr. 81tliJf rwwi'(ip~ IKQljr from the County Dltpartmenl in the ~U(lntity
order.d. If vendor cannot deulIOf wlhin24 noun or (sfuG" to deliver. the Counly t.>epartment will order from the next
low..' bldd'T.
>>PRICE Per Gallol'l MUST INCLUDE aU fill.. and I}r,al'g!;8 InCluding aU Texes/F..a the County Ie l'Iot .leempl from {for
example: 50.2C' Stale Excl86 Tax, Statll Dllllve~/!l'l\IlrO,'mental FHS, Federal 01 ~1I1 ~<rwl')' Fae& and r:.tJlltll'
L.UST Tall) .
>>FAEE FROM WATER AND SUSPENOl::CMArI=R l\NO A MINIMUM OCTANE OF 'IiI (AVERA-at: METHOD)
JIJJJ.I
3ALLON
UNIT PRJC'.~ Y ~
IAlE'fI.ll-'S~bq . D.:~::R1"'nAlP~RY~O/ERJ
AII_.__TIJfI( 11f1i: --r\t-L.I.lJUJ.J/tlfV.13Zl--..-- -."":> ;...; ~,
PftM NAlJl: _ ~ ~~ ~ ~L 1Bf..-1IRER: 5":5.;2~.:3 ~;
PlWEUBT A'fY flf8't8tB" 1ft 1\_ IftftA1DIl8:
The.d8Y, Oolober 27'. 2009
8tH -,..iB
10/27/2009 08:34 Calhoun County Treasurer/Auditor
(FAX)3615534614
P .003/003
CALHOUN COUNTY. TEXAS BID SHED- .~
INUIT A TION TO BID
1
BIDDER
SUN COAST RESOURCES
1118 S WRLS
EDNA
BID ITEM IFUEL -BULK DRIVERED
IX 718fi7
I PERIJOFROM: NOVEMBER 16, 2009 PERDlTO; DECEMBER 16, 2009
YOU ARE INVITED TO SUBMIT A BID ON THE ABOVE ITEM TO: MICHAEL J PFEIFER, CALHOUN COUNTY JUDGE, 211 S ANN ST,
3RD I'LOOR, ROOM 301, PORT LA VACA TX 77979
BIDS SHOULD BE SUBMITTED IN A SEALED ENVELOPE PLAINLY MARKED: SEALED BID-IFUEL.BULK DELIVERED -----.
81DS ARE DUE AT THE JUDGE'S OFFICE ON OR BEFORE: 10:00 AM, THURSDA YI NOVEMBER 5,2009
SIDS WILL BE AWARDED AI THE COMMISSIONERS' COURT MEETING ON: THURSDAY, NO~MBER f2,2009
THE CLOCK IN THE COUNTY JUDGE'S OFFICE IS THE OFFICIAL CLOCK THAT WILL BE USED IN DETI':RMINING THE TIME THAT A aID IS
RECEIVED AND THE TIME THAT BIDS WILL BE OPENED, BIDS RECEIVED AFTER THE OPENING TIME WILL BE RETURNEe UNOPENED TO
BIDDEFI. THE COMMISSIONEFlS' COURT RESERVES THE RIGHT TO WAIVE TECHNICAliTIES. R!!WECT ANY OFl ALL BIDS, TO ACCEPT THe; BID
DEEMED MOST ADVANTAGEOUS TO CALHOUN COUNTY AND TO BE THE SOLE JUDGE IN DETERMINING WHICH BIDS WILL. BE MOST
ADVANTAGEOUS TO THE COUNTY. THE COUNTY OF CALHOUN, TEXAS IS AN EQUAL EMPLOYMENT OPPORTUNITY EMPLOYER. THE COUNTY
DOES NOT DISCRIMINATE ON THE BASIS OF RACE, COLOR, NATIONAL ORIGIN, SEX, RELIGION, AGE OR HANDICAPPED STATUS IN
EMPLOYMENT OR THE PROVISION OF SERVICES.
BID ITEMr
DEPAR7'MEN7'~
DIILIVIIIIY
DESTINATION
FUEL-BULK DEa..IVEREJ)
VARIOUS
FO. COUNTY FUBI. TANKS
VARIOUS
-----------------------------------------------
SPECIFICATIONS: DIESEL FUEL
;:oo;:ooDELIVERY must be made within 24 hours after receiving order from the County Department In the quantity
ordered. If vendor cannot deliver within 24 hours or refuses to deliver, the County Department will order from the next
lowest bidder.
>>PRICE Per Gallon MUST INCLUDE all fees and charges including all Taxes/Fees the County is not exempt from (for
example: $0.20 Slate Excise Tax, State DeliverylEnvlronmental Fees, Federal Oil Spill Recovery Fees and Federal
LUST Tax)
>;:ooFREE FROM WATER AND SUSPENDED MATTER
JJJ:JJI
UNIT PRICE
;?S3
GALLON
-----------------------------------------------
SPECIFICATIONS: REGULAR UNLEADED GASOLINE
>>DELIVERY must be made within 24 hours after receiving order from the County Department In the quantity
ordered. If vendor cannot deliver within 24 hours or refuses to deliver, the County Department will order from the next
lowest bidder.
>>PRICE Per Gallon MUST INCLUDE allfeGs and chargEls including all Taxes/Fees the County Is not exempt from (for
example: $0.20 State Excise Tax, State Delivery/Environmental Fees, Federal Oil Spill Recovery Fees and Federal
LUST Tax)
>>FREE FROM WATER AND SUSPENDED MATTER AND A MINIMUM OCTANE OF 87 (AVERAGE METHOD)
UNIT UNIT PRICE
GALLON ~.5o
(BELOW TO BE COMPLETED BY BIDDER)
DATEOf. IJ- ....'j.. ).{){) 1
AUTHORIZED SliNATURE TJlIl:
PRIfl NAME:
TWPHDNE NUMBER:
PlIASE UST ANY EXCEPTIONS TO THE ABOVE SPECRATlJNS:
Tuesday, October 27,2009
BIIDER SUN COAST RlSDURCES
10/27/2009 08:34 Calhoun County Treasurer/Auditor
(fAX)361 5534614
P .002/003
CALHOUN COUNTY, TEXAS BID SHEET- IFUR-AUTOMATED CARD SYSTEM
I
BIDDER
INVII A liON 10 BID
SUN COAST RESOURCES
1118 SWELLS
EDNA IX 77867
BID ITEMIFUEL~AUTOMATED CABO SYSTEM I PfRJJDFROM: NOVEMBER 16. 2009 1Il0010: DECEMBER 16, 2009
YOU ARE INVITED TO SUBMIT A BID ON THE ABOVE ITEM TO: MtCHAEL J PFEIFER, CALHOUN COUNTY JUDGE, 211 S ANN ST,
3RD FLOOR, ROOM 301, PORT LA VACA TX 71979
BIDS SHOULD BE SUBMITTED IN A SEALED ENVELOPE PLAINLY MARKED: SltALIlD BID- [FUEL-AUTOMATED CARD SystEifl
BIDS ARE DUE AT THE JUDGE'S OFFICE ON OR BEFORE: 10:00 AM, THURSDA Y, NOVEMBER 6, 2009
BIDS WILL BE AWARDED AT THE COMMISSIONERS' COURT MEETING ON: THURSDAY, NOVEMBER 12,2009
THE CLOCK IN THE COUNTY JUDGE'S OFFICE IS THE OFFICIAL CLOCK THAT WILL BE USED IN DETERMINING THE TIME THAT A BID IS
RECEIVED AND THE TIME THAT BIDS WILL BE OPENED. BIDS RECEIVED AFTER THE OPENING TIME WILL BE RETURNED UNOPENED TO
BIDDER. THE OOMMISSIONERS' OOURT RESERVES THE RIGHT TO WAIVE TECHNICALITIES, REJECT ANY OR ALL BIDS, TO AOCEPT THE BID
DEEMED MOST ADVANTAGEOUS TO CALHOUN COUNTY AND TO BE THE SOLE JUDGE IN DETERMINING WHICH 61DS WILL Be; MOST
ADVANTAGEOUS TO THE COUNTY. THE COUNTY OF CAI.HOUN, TEXAS IS AN eQUAL EMPLOYMENT OPPORTUNITY EMPLOYER. THE COUNTY
DOE8 NOT DISCRIMINATE ON THE BASIS OF RACE, COLOR, NATIONAL ORIGIN, SEX, RELIGION, AGE OR HANDICAPPED STATUS IN
EMPLOYMENT OR THE PROVISION OF SERVICES.
SID ITEMI
DEPARTMENT:
D~LIV~RY
DSSTINA TION
FUEL-AUTOMATED CARD SYSTEM
VARIOUS
POB BIDDU"S fUI!L PUMP LOCATION-PORT LAVACA, TX
VARIOUS
-.....-.....................................------------------------.....-----------
SPECIFICATIONS:
DIESEL FUEL
>> PRICE Per Gallon MUST INCLUDE all fees l!lnd charges Including all Taxes/Fees the County 1& not exempt from
(for example: $0.20 State Excise Tax, State Delivery/Environmental Feas, Federal Oil Spill Recovery Fees and Federal
LUST TAX)
>>FREE FROM WATER AND SUSPENDED MAlTER
UNIT
GALLON
UNIT PRICE
~.S3
------~~-------------....,.-----_.....----......-----......-------...-.......--
SPl!C/~/CA""ONS: REGULAR UNLEADED GASOLINE
>> PRICE Per Gallon MUST INCLUDe all feElS and charges including all Taxes/Fees the County Is not exempt from
(for example; $0.20 State Excise Tax. State Delivery/Environmental Fees. Federal Oil Spill Recovery Fe&$ and Federal
LUST TAX)
>>FAEE FROM WATER AND SUSPENDED MAlTER AND A MINIMUM OCTANE OF 87 (AVERAGE METHOD)
!J.tD.I UNIT PRICE
GALLON ~.6'()
IAUIII: II Ir /6 '1 m:ET-OW'1'O BE ~D BY BIDD:7lJ
AUJHORIZEDUlNATURT 1m! I~ ~ ___
PBraNAME: lZo~tlL{ FD-T/I/L TElEPllONfNUMBER: . 'l:./- 7gZ ~ 5/2--0
PllASE UST ANY EXCfPTIONS TO THE ABOVE SPECRAIIINS:
TU9sday,Oclober27.2009
IIIDDER SUN COAST RESOURCES
AWARD BIDS FOR PRESCRIPTION DRUGS FOR THE CALHOUN COUNTY ADULT
DETENTION CENTER AND THE CALHOUN COUNTY INDIGENT PROGRAM FOR THE
PERIOD BEGINNING JANUARY 1, 2010 AND ENDING DECEMBER 31, 2010 AND
AUTHORIZE COUNTY JUDGE TO SIGN CONTRACTS:
A Motion was made by Commissioner Fritsch and seconded by Commissioner Lyssy to award the
bid for Prescription Drugs for the Calhoun County Adult Detention Center to Westwood Pharmacy
- Mail Order and award the bid for Prescription Drugs for the Calhoun County Indigent Program
to HEB Pharmacy for the period beginning January 1, 2010 and ending December 31, 2010 and
authorize Judge Pfeifer to sign contracts. Commissioners Lyssy, Fritsch, Finster and Judge Pfeifer
all voted in favor.
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5823 Patterson Avenue
Richmond, VA 23226
(866) 996-6379 (toll-free)
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WESTWOOD
PHARMACY
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www.westwoodpharmacy.com
info@westwoodpharmacy.com
(866) 288-6707 (fax)
.
SERVICES PROVIDED
Fill and Deliver Prescriptions
Westwood Pharmacy provides 24-hour service to its facilities. Prescription orders can
be faxed to Westwood Pharmacy anytime, day or night or sent via WebConnect.
Orders received by your negotiated cut-off time (i.e. 4:00 pm) Monday through
Saturday, will be delivered by 10:30 am the next day. Saturday orders will be filled and
delivered on Monday.
Westwood Pharmacy will provide a pre-arranged backup for your facility, as we do for
all our facilities. The chosen pharmacy will be subject to approval by Calhoun County,
In case of emergency, your facility will call our pharmacy. We will then call the backup
pharmacy and order the medications. The backup pharmacy will bill us directly, We will
bill your facility for the medications during the next billing cycle.
You will be given all contact names and phone numbers for all pertinent Westwood
Pharmacy staff, in the event of emergency medication needs.
Orders are entered into our prescription management system. If the prescription is for a
new patient, a new profile for that patient is added to our system. As the order is
entered in the system, any drug interactions will be identified, and the computer will not
allow us to fill the prescription unless we manually override the drug interaction warning,
When we receive the drug interaction warning, your facility will be contacted
immediately. After entering the order into the prescription management system, labels
are printed for the medication and the original prescription or refill request is taken with
the label to a sterile area for the filling of prescriptions.
Once the prescriptions are filled, they are double checked by a pharmacist. Once all
prescriptions for a facility are filled, they are packed into a box for next-day delivery. A
delivery sheet is included with a listing of all orders and the patients that are to receive
the medications,
Tracking numbers will be provided and the delivery company will be provided a contact
name and phone number for your facility. For any questions about shipping, you can
contact Jill Hoggatt at our pharmacy. We currently do most of our shipping with FedEx,
however we do have a contract with UPS, If your facility has a preferred provider of
shipping services, we can use that vendor. The orders will be shipped with a delivery
sheet (or packing slip) identifying the contents of the delivery for verification.
~
5823 Patterson Avenue
Richmond, VA 23226
(866) 996-6379 (toll-free)
~
WESTWOOD
PHARMACY
~
www.westwoodpharmacy.com
i nfo@westwoodpharmacy.com
(866) 288-6707 (fax)
~
Emergency Service
A staff pharmacist will be on call 24 hours a day, 7 days a week for emergency or
"STAT" pharmacy orders, which cannot be provided through "DRUG BOXES" and we
will provide emergency backup services at times other than routine working hours as
requested.
Dispensing System
Westwood Pharmacy will package tablets and capsules individually in "unit of use"
blister packs, with each medication sealed and labeled according to Physician
prescription instructions. Prescriptions will be labeled according to the specifications of
your facility and State and Federal requirements. Each medication will contain a
duplicate peel-off label to expedite refill orders. A sample blister card is included in the
back inside pocket of the binder submitted for this bid proposal.
Return Credit Policy
Westwood Pharmacy will provide your facility with shipping labels that can be used to
return unused medications. A schedule for shipping returns will be established with your
facility. All shipping costs will be billed to Westwood Pharmacy at no cost to Calhoun
County. After receiving the returned original package of unused medication, we will
issue 100% credit. We do offer credit on partial blister packs. Packages of medications
that are partially used are eligible for return credit, as long as the seal is not broken on
the unused tablets or capsules. The credit applies to non-controlled tablets or capsules
remaining in their original packaging, provided they are within (1) month of expiration
and have not been released to the inmate population. There are no processing and/or
shipping fees associated with these returns.
Controlled Substances
Westwood Pharmacy provides controlled substances in blister cards of 30 doses for
easy accountability and shall dispose of unused controlled substances, at no expense
to the County, according to applicable State and Federal regulations.
5823 Patterson Avenue.
Richmond, VA 23226
(866) 996-6379 (toll-free)
~
WESTWOOD
PHARMACY'
"-/
www.westwoodpharmacy.com
info@westwoodpharmacy.com
(866) 288-6707 (fax)
Stat Boxes
Westwood Pharmacy will provide sealed "STAT BOXES" filled with emergency stock
supplies of prescription medications and controlled substances as determined jointly by
Calhoun County in conjunction with Westwood Pharmacy. Controlled substances that
require refrigeration will be maintained in a sealed "STAT BOX" in the refrigerator at
each facility. The "STAT BOXES" will be checked regularly and filled as needed to
ensure the availability of emergency medical care at all times, The "STAT BOX Content
Form" will be provided with the "STAT BOX", which will be filled by medical personnel of
the each facility and communicated back to Westwood Pharmacy, This communication
form will enable an accurate inventory of emergency medical supply. Emergency drugs
will be provided in sealed emergency kit(s) as requested by the facility.
Customized Reports
Westwood Pharmacy, with database experts on staff, will be able to generate any report
requested by Calhoun County (at no charge), Westwood Pharmacy custom designs
reports for all its facilities. If a custom designed report is needed, please contact Jake
Pasternak and he will ensure that the utilization staff designs a report to your facility's
specifications.
Sample reports are included in the section labeled "Sample Reports." The data for
these reports were derived by combining patient profiles from several of our facilities.
Therefore, the data are real, but not attributable to anyone facility that we serve. The
Excel files used to create the sample reports in this proposal are included on a floppy
disk inserted in the inside front pocket of each binder included for consideration of this
proposal.
Our pharmacy uses Crystal Reports to custom design reports for our facilities. We can
work collaboratively with your medical staff to redesign our reports and improve the
transparency of medication ordering and management.
Education and Training Services
Westwood Pharmacy will provide in-service training sessions taught by one of the
consulting pharmacist on, but not limited to, the following subjects; pharmacy
regulations and procedures; adverse drug reactions; drug security; documentation and
sanitation standards for medication administration; education on specific medication use
and therapeutics; and other subjects as requested.
Also, Westwood Pharmacy can bring in representatives from pharmaceutical companies
on a regular basis to provide in-service training sessions. After meeting with the
5823 Patterson Avenue
Richmond, VA 23226
(866) 996-6379 (toll-free)
~
WESTWOOD
PHARMACY
"-/
www.westwoodpharmacy.com
i nfo@westwoodpharmacy.com
(866) 288-6707 (fax)
-,
medical director and identifying training needs, Dr, Shannon Dowdy will contact the
pharmaceutical companies and schedule appropriate training sessions.
Westwood Pharmacy currently carries an extensive video library on healthcare
education that will be available for your facility immediately.
DIAMOND PHARMACY SERVICES
BID TO THE
CALHOUN COUNTY ADULT DETENTION CENTER
NOVEMBER 5, 2009
Diamond Pharmacy Services offers the following bid to the Calhoun County Adult Detention Center
in Port Lavaca, Texas.
Each prescription will be billed as follows:
The lower of Usual and Customary or the following bid rate:
Brand Name Single Source Medications = AWP less 15%
Generic Multi-Source Medications = AWP less 72%
There will be no dispensing fee added.
There will be no minimum prescription price.
Our Usual and Customary Rate (UCR) is a more aggressive price over our proposed bid rate. Due
to our purchasing power, we are able to offer exceptional low pricing on many medications. Our
UCR pricing on some items is as aggressive as AWP less 97.18%. Our goal is to utilize our
volume purchasing power to provide your facility the best pricing in the industry. When it comes to
pricing... Bigger IS Better!
The above bid includes all services including forms, MAR's, consulting, inservices, telephone
consulting, medication carts, computerization reports, etc. outlined in our proposal; the facility will
only be charged for the price of the prescriptions, there will be no extra charges. Prescriptions will
not be sold below cost.
Diamond Pharmacy Services' bid rate will remain firm throughout the contract agreement.
AWP - Average Wholesale Price - As updated by Medispan.
Compounded IV medications, specialized vaccines, chemotherapy, blood products, special
compounds, dropped shipped items and certain other specialty items, etc. will be billed at Average
Wholesale Price (AWP) plus $4.00 per piece.
Maintenance medications will be dispensed in a routine thirty (30) day supply, If your facility
requires a lower routine days supply, a higher rate may be negotiated. All medications and OTCs
the facility purchases must be purchased from Diamond.
4. .-L
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Facility agrees that Diamond retains all rights, title, interest in. and ownership and reserves the right
to use and control the use of its intellectual property rights in its assets including, but not limited to,
its software, reporting packages and user documentation; operations, procedures and strategies;
formulary and clinical services; manufacturer, wholesaler, group purchase and vendor contracts
and resultant data and information; patient, claims and drug utilization information; trade marks
and service marks.
Credit - Credit will be issued on full or partial cards at 100% of the amount billed. Credit will
only be issued on returned non-controlled tablets or capsules remaining in the original blister
packaging provided they are returned prior to three (3) months of expiration, not originally
labeled as keep on person (KOP), have not been released to the inmate population, and are
permitted for return by the State Board of Pharmacy and FDA. Control medications or open
partial stock medications will not legally be credited per federal regulations. Credits will be issued
on medications that Diamond currently stocks and can be redistributed to other clients for
administration prior to expiration. Credits will be issued on medications based upon the
professional judgment of a Diamond Pharmacist and current market value of the medication. Upon
termination of this agreement credit will be applied to medications returned to Diamond within 15
days of the termination date. Diamond offers credit on full and partial blister cards, several
pharmacies do not offer credit on partial cards which would amount to a significant loss for your
facility. Nationally, 62.4% of medications being returned are in partial cards. Selecting a
pharmacy not offering credit on partial cards would result in a significant loss for your facility.
I
I
I
I
1 - QUALIFICA TIONS AND EXPERIENCE
Diamond Pharmacy Services has over 39 years of extensive institutional experience servicing
prisons, jails, pre-release centers, juvenile detention centers, and nursing facilities. With our years
of experience and diverse patient base, our team of professionals will anticipate and meet your
facility's requirements by devising and implementing a cost effective, efficient program that will best
suit the specifications of your facility.
For over 39 years Diamond Drugs, Inc. DBA Diamond Pharmacy Services has been providing
advanced patient care services to institutions from our closed pharmacy and medical supply.
Diamond, a family-owned business owned by five (5) members of the Zilner family, incorporated
December 1979, currently employs over 850 employees, is located in the Greater Indiana
Enterprise Zone, in Indiana, PA. With our business being large and family-owned and operated, we
offer personalized family business services while offering large company pricing, efficiencies and
experience. Correctional Pharmacy Services is our core business unlike some of our competitors,
which are owned by comprehensive healthcare groups.
We have recently completed our expansion project, which increased our pharmacy to over 135,000
square feet. This state of the art automated pharmacy added barcode workflow software, conveyor
belts, sortation, and picking devices. We are one of the first pharmacies in America to become
JCAHO accredited for pharmacy services, IV infusion, and medical supplies. We offer a total
pharmacy management system and will adapt it to best suit your needs.
AWARDS AND CERTIFICATIONS
. 2006 Counsel of State Government "Innovations in State Government" National Award
. Joint Commission on Accreditation of Healthcare Organizations (JCAHO) accreditations for
long term care pharmacy, medical supply and IV infusion since 1996
. Inc. Magazine's "Top 5000 Fastest Growing Independently Owned Companies", 13th Largest in
Gross Revenue for Healthcare Companies and 142nd overall in Gross Revenue, 2007, 2008,
2009
. Inc. Magazine's "Top 500 Fastest Growing Independently Owned Companies", 2 time winner
2007, 2009
. Pennsylvania Business Central's "Top 100 Businesses in Pennsylvania"
. Indiana University of Pennsylvania's "Family Business of the Year"
. Indiana County Business and Professional Women's" Employer of the Year"
. Indiana County Supported Employment Advisory Council's "Outstanding Employer of the Year"
. 2006 Top 1 00 People in "Pennsylvania Business Central" Magazine
Diamond Pharmacy Services + 645 Kolter Drive + Indiana PA 15701-3570 + 1.800.882,6337 x1003 + fax 877.234.7050
1
Calhoun County Adult Detention Center
Prescription Drugs - Jail
CL4N/~,_
We offer extremely competitive pricing and have shown to reduce the overall medication costs by a
significant margin over local, national and in-house pharmacies due to our competitive pricing and
our comprehensive drug formulary management program. Diamond Pharmacy Services offers a
total pharmacy management system and will adapt it to best suit your Department's needs.
Diamond has experience with many different types of facilities and systems. We have managed
pharmacy services for facilities which previously had nurses dispensing directly from stock, facilities
which previously received prescriptions from their DOC pharmacy, facilities in which contracted
pharmacists packaged medications for a few hours a day and traditional pharmacy services, We
were able to convert their previous systems into a cost effective efficient system. In that they were
able to deal directly with a pharmacy of our size to take full advantage of formulary management,
volume billing, and credit on pharmaceuticals, we were able to convert their previous system into a
cost-effective and efficient system.
2 - CAPACITY AND CAPABILITY TO PERFORM SERVICES NEEDED
Diamond will provide your facility a complete and extensive pharmacy services program. Our goals
are to provide superior pharmacy services, implement an efficient time saving system for the
nursing staff, keep your facility fully compliant, and implement a strong formulary management
program to reduce costs. We understand the special needs of correctional facilities but knowing all
facilities are unique, we will gather the information necessary during our initial meeting and
throughout the contract and we will customize our services to best meet your facility's needs. We
will provide multiple types of forms for ordering medications, updating changes, charting and
accountability. Our forms are complete and minimize the amount of writing while ensuring all
accountability is in place. Our pharmacy was one of the first long term care pharmacies in the
nation to become Joint Commission on Accreditation of Healthcare Organizations (JCAHO)
accredited, This is a voluntary accreditation and has the highest standards for pharmacy services.
When dispensing, shipping and monitoring on site, we follow the JCAHO, the NCCHC and the ACA
guidelines. We have years of experience in implementing these standards and our services and
inspection reviews exceed these NCCHC and JCAHO standards.
Formulary management will be a very important component in helping to reduce cost at your facility.
Diamond's consultants have years of extensive cost containment and formulary management
experience. We work closely with the medical staff to reduce excessive ordering of medications,
devise a cost effective drug formulary, make recommendations of cost effective medications, and to
customize formulary management reports. Diamond serves as a partner with your facility to reduce
costs. Our pharmacists will chair your P & T meetings via video or teleconference to discuss cost
containment. We will require the physicians to complete non-formulary forms if required and provide
on a daily basis via fax cost effective recommendations when the physician writes for non-formulary
medications. By providing these recommendations, we are able to alert physicians of an alternative
cost effective medication. Diamond provides extensive formulary management reports monthly
summarizing statistical data along with graphs to document prescribing trends. Our formulary
management skills have saved facilities of your size thousands of dollars annually.
Diamond Pharmacy Services + 645 Kolter Drive + Indiana PA 15701-3570 + 1.800.882.6337 x1003 + fax 877.234.7050
2
'Calhoun County Adult Detention Center
Prescription Drugs - Jail
GL-'NI'~
Diamond will evaluate program effectiveness throughout the contract and will be a proactive
member of your facility's interdisciplinary team, working diligently to assure that compliance is
maintained with all federal, state, and local laws and regulations. Physician prescribing patterns and
usage are analyzed monthly with statistics and graphs. We encourage questions and address
quality of services. We constantly ask facilities questions such as "How can we improve our
services?" "What procedures can Diamond do to save nursing time?" etc. We strive to meet each
facility's every need. As part of Diamond internal TaM program we distribute customer satisfaction
surveys to evaluate our performance. We pride ourselves on the quality of our services to the
facilities we provide to and work closely with every aspect of our pharmacy program to assure this.
Diamond understands the department's decision to bid pharmacy services from a cost and service
standpoint. By selecting a large experienced provider such as Diamond, your department will be
able to obtain the most competitive bid pricing while making services more administratively efficient.
Diamond is well aware of all the aspects of this RFP and is equipped with the knowledge,
experience, and large state of the art pharmacy to handle this contract with great success. The
comprehensive pharmacy program provided by Diamond will assist your facility to operate in
conformity with all applicable regulations and laws, as well as provide cost saving, staff efficiencies,
and quality services for the inmates. Diamond has extensive experience with pharmacy regulations
in correctional facilities, which will playa vital role in maintaining compliance in the facilities. We are
independently owned and strive to offer our facilities the friendliest most accurate service. We are
committed to take every appropriate action to ensure convenient, cost effective pharmacy services
to the staff and inmates. Diamond is the logical choice for meeting your facility's pharmaceutical
services needs.
PHARMACEUTICAL SUPPLIES AND SERVICES PROGRAM
PRODUCTS
COMPLETE PRODUCT LINE - Pharmaceuticals, OTC, IVs, Vaccines, Medical Supplies,
Commissary and all related supplies at the most competitive prices,
PACKAGING - Diamond will provide a specialized dispensing system which best suits your facility's
needs for safe and efficient medication distribution. Blister cards, self-medication programs, and
numerous other systems are available.
ORDERING
SIMPLE ORDERING - By phoning or faxing to our facility using our toll-free number, Diamond
offers an easy ordering system for the nurses, physicians and officers.
DOUBLE LABELS - Diamond provides 2-part peel off reorder labels and fax order sheets, saving
nursing time and increasing efficiency.
FAX MACHINE - Will be provided to your facility for ordering at no additional charge.
Diamond Pharmacy Services. 645 Kolter Drive. Indiana PA 15701-3570 .1.800.882.6337 x1003 . fax 877.234,7050
3
Calhoun County Adult Detention Center
Prescription Drugs - Jail
CL:4J:r'4
DELIVERY
DIRECT TO YOUR FACILITY - All orders will be delivered next day via Fed Ex, six days a week, by
10:30 am in most areas,
EMERGENCY DELIVERY - Diamond will arrange local back up pharmacy for emergency
prescriptions.
SECURITY - All orders will be signed for when delivered and tracked by our pharmacy. A detailed
packing slip with item listing and pricing will be enclosed to ensure accountability.
COST SAVINGS
COMPETITIVE PRICING - Due to our large volume and efficiencies we are able to offer the most
effective pricing on prescriptions and medical supplies.
CREDIT ON RETURNS - Due to our packaging we are able to offer credit on most returns, resulting
in an even larger savings.
GENERIC MEDICATIONS - Diamond will dispense cost effective, therapeutically equivalent,
generic medications in order to reduce costs.
FORMULARY IMPLEMENTATION AND MANAGEMENT - Diamond recommends the use of a
drug formulary in order to further reduce costs. We will assist in the development, implementation,
and compliance of the formulary by jointly formulating and controlling a drug list with the physicians
which will greatly reduce drug expenditures. We have been containing cost in correctional facilities
with extensive formulary management for over 23 years,
REPORTS AND DOCUMENTATION
MEDICATION ADMINISTRATION RECORDS (MAR) - Diamond will offer printed MAR's monthly
for each inmate, charting documentation of medication administration. MAR's will contain the
inmate name, allergies, diagnosis and current medication list with instructions.
MONTHLY REPORTS - Diamond offers over 25 different types of computer generated monthly
management reports. You may choose from these reports, or we can customize reports which best
meet your facility's specific needs.
SUPPORT SERVICES
We will check for the cleanliness and proper organization of the medication room.
We will check for proper medication ordering, charting, documentation, and record keeping.
Diamond Pharmacy Services. 645 Kolter Drive. Indiana PA 15701-3570 .1.800.882.6337 x1003 . fax 877.234.7050
4
Calhoun County Adult Detention Center
Prescription Drugs - Jail
~.J.'u4
We will assure all narcotic recordkeeping is properly maintained and that the counts are accurate.
We will review all medication distribution procedures and conduct medication pass audits. We are able
to provide training on proper medication pass techniques accompanied with a med pass training video.
We will inspect the contents of the emergency medication kit.
We will inspect the refrigerator to ensure proper temperature control and that there are no outdated
medications or food stored within.
We will remove any outdated medications and stock supplies.
We will review the security of the medication room.
We will assist your facility in the accounting, reconciliation, and disposallremoval of unused
medications including controlled substances as outlined by federal, state, and local laws and
regulations. Count sheets will be provided for strict accountability and all documentation will be
enforced as required by law,
The results of the audit will be discussed with the nursing supervisor or designee following the
inspection. A written and signed and dated documentation of the inspection sheets, including
recommendations made, corrective actions implemented and problems observed, will be provided to
the Nursing Supervisor or designee. On future inspections, we will monitor all previous
recommendations (to assure compliance).
COMPLlANCE- Our inspections will follow the guidelines of your jail, the National Commission on
Correctional Health Care (NCCHC), the American Correctional Association (ACA), the American
Jail Association (AJA), the Department of Corrections, the Joint Commission on Accreditation of
Healthcare Organizations (JCAHO), The Controlled Substance Act and The State Pharmacy Board,
to keep your facility in compliance.
CONSULTING - A Diamond pharmacist is always available to answer questions regarding
medications and to provide consultation services in regards to the review board provisions. Our
hours of operation are 24 hours a day, 365 days a year. We will review all aspects of
pharmaceutical care of the inmates and provide statements, when requested.
PRESCRIPTION MONITORING SERVICES - Our clinical pharmacists will screen the inmates'
profiles to ensure safe and therapeutic medication administration.
POLICIES AND PROCEDURES - We will prepare and assist in the development, implementation and
monitoring of your facility's Policy and Procedures Manual for the safe and effective distribution,
control, administration and use of medications throughout your facility, Our standard 24 page Policy
and Procedures Manual will be customized to meet your facility's specific needs prior to contract
initiation and will be updated annually throughout the contract.
INSERVICE TRAINING - Quality customized inservice training quarterly via video or teleconference to
nurses, prescribers, and officers on a wide variety of topics tailored to educate and train the staff to
ensure compliance and enhance staff knowledge to better care for your facility's inmates. Our topic list
Diamond Pharmacy Services. 645 Kolter Drive. Indiana PA 15701-3570 .1.800.882.6337 x1003 . fax 877.234.7050
5
.f"\..................... f"\................. ^........... f"'\.....................:......... 1""....................
,
-
-Calhoun County Adult Detention Center
Prescription Drugs - Jail
.1CNI-4
is virtually unlimited. Some of the most popular topics include pharmacy services procedures, major
diseases, medication pass, medication utilization, medication charting and accountability,
medication storage and security, new medication updates, medication management, medication
side effects and interactions, proper medication disposal and destruction, controlled medication
management, etc.
ADDITIONAL PRODUCTS AND SERVICES AVAILABLE
MEDICATION CART - We will provide a locking medication cart for the transportation, storage, and
administration of all medications and supplies. We will provide an adequate number of carts to
accommodate your supply. Our carts are top of the line, durable, lightweight and narrow, for easy
maneuverability throughout correctional facilities.
VIDEO LIBRARY - We have an extensive video library of over 300 tapes on various health-related
topics, including drugs and disease states that may be viewed by your facility and returned.
STARTER PACKS - We will provide starter packs of certain oral solid medications needed for
immediate administration.
EMERGENCY MEDICATION KIT (EDK) - We will provide kits of certain injectable medications
required in order to alleviate pain, infection, modify dangerous behavior, or to preserve a life.
QUARTERLY NEWSLETTER - Our newsletter highlights new drug information, medical
terminology review, metric equivalents, adverse drug reactions, research news on medication, and
news briefs on patient care,
MEDICAL LITERATURE - We will send current medical literature and regulation information to your
facility regularly.
DRUG MONOGRAPHS - We will provide a complete set of patient medication information
monographs for formulary medications in English and Spanish, if requested to outline the
medications classification, usage, administration, and side effects.
MEDICAL SUPPLIES - We carry a complete line of medical equipment and supplies at the most
competitive pricing, making Diamond a "one stop shop" for your convenience.
LICENSING - We are licensed in good standing with the State Pharmacy Boards in accordance with
the standards of the Commonwealth of Pennsylvania and State of New Mexico as a non-resident
pharmacy and with the Federal Drug Enforcement Agency to dispense controlled substances in
Schedules II through V.
Our comprehensive pharmacy services and medical supply program will assist Curry County
Detention Centers to operate in conformity with all applicable regulations and laws, as well as
provide cost savings, staff efficiencies and quality services for your inmates. We will guarantee a
smooth transitional system based on our years of correctional experience. Diamond's transitional
system provides a start-up schedule which covers the initial inservice of staff prior to, during, and
after conversion to Diamond Pharmacy Services' total health care management system. If you have
Diamond Pharmacy Services + 645 Kolter Drive + Indiana PA 15701-3570 +1.800.882.6337 x1003 . fax 877,234.7050
6
,Calhoun County Adult Detention Center
Prescription Drugs - Jail
~4N/'~
any questions regarding our services, please do not hesitate to contact us utilizing the information
provided below,
3 - PAST RECORDS OF PERFORMANCE ON GOVERNMENT
CONTRACTS
Diamond Pharmacy Services has a firm understanding of all the aspects of this RFP to provide
comprehensive pharmaceutical services to your facility, We service 1 out of every 5 inmates in the
nation (475,000) in over 850 correctional facilities in 43 states and Puerto Rico and over 13,000
nursing home residents in over 260 facilities in Pennsylvania and have over 36 years of extensive
institutional experience, servicing prisons, jails, pre-release centers, juvenile detention centers, and
nursing facilities, With our years of experience and diverse patient base, our team of professionals
will anticipate and meet your facility's requirements by devising and implementing a cost effective
efficient program that will best suit the specifications of your facility.
With our years of correctional experience and diverse patient base, our team of professionals will
anticipate and meet the department's requirements by devising and implementing a program, which
will best suit the specifications of your facilities. Our program offers continual advancements in
healthcare services, computerization, packaging, automation, forms, formulary management, and
products. Our goal is to provide our leadership skills to your department with an upgraded tailor
made program, achieving the highest level of service at the most competitive price. Our intentions
are to increase your department's efficiency with all aspects of pharmacy and to establish a cost-
effective drug distribution system while helping your department to remain in compliance.
4-COSTOFPHARMACEunCALSANDSERWCE
There will be no additional cost for any of our offered services. Our prescription rate is listed on your
pricing sheet at a highly competitive rate.
Diamond Pharmacy Services. 645 Kolter Drive. Indiana PA 15701-3570 .1.800.882.6337 x1003 . fax 877.234.7050
7
....
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Prescription Drugs for Calhoun County Adult Detention Center XnL
(
SCOPE OF SERVICES
I
Licensinq
Contract Pharmacy Services specializes in correctional pharmacy services, providing prescription
drugs and other medications to inmates, CPS is a Pennsylvania licensed pharmacy, maintaining all
professional licenses necessary to provide pharmaceuticals in the state of Texas. All services
provided by Contract Pharmacy Services are in accordance with standards prescribed by the National
Commission of Correctional Health Care (NCCHC), the American Correctional Association (ACA) , the
State of Texas, and Federal licensing agencies. A copy of our DEA license, as well as our Texas
Board of Pharmacy license, has been included in this section.
Delivery
Delivery to the Calhoun County Adult Detention Center is available once per day Monday through
Saturday and as needed from the local backup pharmacy. Proposed pricing includes delivery twice
per week on pre-determined delivery days. Additional delivery days are available, as needed, with a
pass through of the delivery costs to Calhoun County. Orders transmitted to the pharmacy by 4:00
PM Central Standard Time (CST) Monday-Friday will be delivered within 24 hours on the next
delivery day, Cut-off time on a Saturday order, for Monday arrival, is 11 :00 AM CST.
Routine deliveries of pharmaceuticals are made via United Parcel Service (UPS) as our primary
carrier. Contract Pharmacy Services also maintains a contract with FedEx as a backup delivery
ervice.
CPS provides emergency routine delivery, phone consultation 24 hours a day, and a pharmacist is on
call with a pager 24 hours a day. In an emergency delivery situation or in situations after hours, a
contracted agreement with a local pharmacy to provide emergency service is maintained, It has been
the experience of CPS that such after hours situations are quite rare if proper ordering of stock
medications through CPS is maintained.
Delivery of emergency medications to the Calhoun County Adult Detention Center is available on
weekends, holidays, or after hours through a subcontracted agreement with a local pharmacy to
provide additional back-up services. CPS, in addition to regular deliveries, is able to deliver or make
arrangements for reliable delivery of emergency medications 24-hours a day, 7 -days a week.
Currently, a contract is in place with CVS in Port Lavaca, Texas, to provide this service. CPS
maintains existing contracts with backup pharmacy chains, such as CVS, Rite Aid, and Walgreens, as
well as several other national and regional chains. CPS will also contact a local pharmacy of the
facility's choosing, if preferred, to provide this back-up service. Consideration of distance to the
facility and after hours availability is considered when selecting the appropriate backup pharmacy.
Whenever possible, CPS attempts to have at least two pharmacies available as a backup for each
correctional facility.
Delivery and discrepancy logs accompany every order shipped. In every box of medications that we
ship, CPS includes a delivery log that details all medications that are included in the box. The list is
"'rinted in alphabetical order, by inmate name, to facilitate the checking in of the medications received
~ Contract Pharmacy Services, Inc.
CONFIDENTIAL AND PROPRIETARY - DO NOT DISTRIBUTE
Page 4
- .
~' 'C' -- "'r
Prescription Drugs for Calhoun County Adult Detention Center
(" by the nursing staff. Additional information on the log details prescription number and quantity of
ledication. The delivery log is used to verify the medications ordered against what has been sent.
The sheet has a signature line at the bottom so that the nurse who checks in the order can verify the
receipt of the medications.
Discrepancy logs detail anything out of the ordinary (i.e. changed order, refill too soon, etc.) about a
particular order. In addition, in the unlikely event that a medication is backordered and out of stock,
this information would be noted here. Samples of the delivery and discrepancy logs appear on the
following pages. Names have been changed or blackened out for patient privacy and security.
~ Contract Pharmacy Services, Inc.
CONFIDENTIAL AND PROPRIETARY - DO NOT DISTRIBUTE
P,age 5
-,
CALHOUN COUNTY, TEXAS - Prescription Drugs Form
PRESCRIPTION DRUGS
Jail
JANUARY 1,2010 Thru DECEMBER 31,2010
rtf/B
~ Return this Form (page 1), if submitting a bid for Prescription
Drugs for the Calhoun County Adult Detention Center (Jail)
. Calhoun County Adult Detention Center (Jail).
Fill in appropriate blanks
AMOUNT TO BE (DEDUCTED FROM) AVERAGE WHOLESALE PRICE (A WP):
Generic----> A WP MinusS ~ -; + '+. D 0
Minus Percentage or Amount Plus Dispensing Fee OR other charges, if any - please list
Name Brand-----> AWP Minus t Lo . /. + Lt _ 00
Minus Percentage or Amount Plus Dispensing Fee, OR other charges, if any - please list
pl\A~ ~S~ -to 500 ~n~vjC~ .fo('SSj ~ dt'5(Pl~.e 0'.
OR
AMOUNT TO BE ADDED TO AVERAGE WHOLESALE PRICE (A WP):
Genenc---- > A WP Plus +
Plus Percentage or Amount Plus Dispensing Fee, OR other charges, if any - please list
Name Brand-----> A WP Plus +
Plus Percentage or Amount Plus Dispensing Fee, OR other charges, if any - please list
All charges must be included in bid price.
No other charges may be added to the bid price when invoiced unless noted as an
exception on the bid form.
... See additional Specifications for Prescription Drugs
The undersigned affirms that they are duly authorized to execute this contract, that this company, corporation, firm,
partnership, or individual has not prepared this bid in collusion with any other bidder, and that the contents of this bid
as to prices, terms, or conditions of said bid have not been communicated by the undersigned nor by any employee or
agent to any other person engaged in this type of business prior to the official opening of this bid
Authorized Slgoature & Title: cpomOAA/ ~^N/Y1 ilfd, ,
Q /I ..J. 13. . 0. . ~.s rV\.O"-lO- ~e-Y , 0 / ~/ tJ a
Print Name & Title: .JUfllA,vtt.. o.r Sf..,n a 5) u(lfi,nf;,.o Date of Bid: :.J, 'I
TelepboneNumber: :JJO-q3~-'1t.f9 3 Fax Number: ;2l0. q38- 8'83;:b
List any exceptions to tbe given bid specifications: \N'f_ Can not offir re .FlAJ~ or
fth1(() on mWtLtti-l'O'Y15) bUt cat) build 0- (2WfJVOJ-n
~cd wi t \ \f),t,l P +t\1- Cj)\,L(lf-z1 e,lt~Yllr>lf)f).+:e Ire d,IAC{; WdS~J) 11' /J4~
...
CALHOUN COUNTY, TEXAS -Prescription Drugs Form
JANUARY 1,2010 ThruDECEMBER 31,2010
Xt~
PRESCRIPTION DRUGS
~ Return this Form (page 1), if submitting a bid for Prescription
Drugs for the Calhoun County Adult Detention Center (Jail)
Fill inappropriate blanks
AMOUNT TO BE (DEDUCTE ~OM) AvEllA E WHOLESALE PRICE (A WP):
Generic----> A WP Min r ',...r --t~I'" d..r ""i. _.
Plus Di!lpensing Fee OR other charges, if any - please list
+ ~.. 5"
Plus Dispensing Fee, OR other charges, if any - please list
Name Brand-----> AWP Minus
Minus Percentage or Amount
I a. ,.;
~
t+El?>
i:stt'
(I'" r
OR
AMOUNT TO BE ADDED TO A VEllAGEWHOLESALE PRICE (AWP):
Generic----> A WP Plus +
Plus Percentage or Amount Plus Dispensing Fee, OR other charges, if any.~ please list
Name Brand-----> AWP Plus +
Plus Percentage or Amount Plus Dispensing Fee, OR other charges, if any - please list
All charges must be included in bid orice.
No other charges mavbe added to the bid price when invoiced unless noted as an
exception on the bid form.
,.. See additional Specifications for Prescription Drugs
The undersigned affirms that they are duly authoriZed to execute this contract, that this company, corporation, firm,
partnership, or individual has notprepared this bid in collusion with any other bidder, and that the contents of this bid
as to prices, terms, or conditions of said bid have no/been communicated by the undersigned nor by any employee or
agent to any other person engaged in this type of business prior to the officia/opening of this bid.
Authorized Signature & Title: dlt'.(A"J iud ! ~.;
Print Name & Title: All <l.^.e . tI tUAJ-r Il~
Telephone Number: )1/1-<; ~?-- ::J...~OO
Fax Number:
Date of Bid: JD J1.P /rff
")" l-5.~ 2- -ft,D 31
List any exceptions to the given bid specifications:
Page 1 of 1
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CALHOUN COUNTY, TEXAS - Prescription Drugs Form
PRESCRIPTION DRUGS
County Indigent Program
JANUARY 1,2010 Thru DECEMBER 31,2010
JlE 13
~
~ Return this Form (page 1 & 2), if submitting a bid for Prescription
Drugs for the Calhoun County Indigent Program
. Calhoun County Indi2ent Pro2ram
Fill in appropriate blanks
f llA C, ~tCLSS
+ots
li s t }. no d--l ~~ -e,Yl..s~ fee
All charges must be included in bid price.
No other charges may be added to the bid price when invoiced unless noted as an
exception on the bid form.
*CALHOUN COUNTY will use the below formula taken from Section Four, Page 12 of
the CIHCP Handbook.
Prescription Drugs:
This service includes up to three prescription drugs per month. New and
refilled prescriptions count equally toward this three prescription drugs per
month total. Drugs must be prescribed by a physician or other practitioner.
within the scope of practice under law.
The quantity of each prescription depends on the prescribing practice of the
Physician and the needs of the patient.
*Pavment Standard: Use the following information and formula
. Use the drug's ll-digit National Drug Code (NDC) number and the quantity dispensed to select the
average wholesale price (AWP) in the Red Booke. In addition to the annual Red Booke, the monthly
Red Booke Update may be used. Red Booke products may be obtained by contacting Thomson
Healthcare at 1-800-678-5689.
Page 1 of 2
.~ .
.. ._~ Calhoun County, Prescription Drugs, County Indigent Program (continued)
41- -..i ;1'''''
I ~ Wt
. Net Cost is:
Red BookQ!J AWP minus 40% for generic prescription drugs
Red BookQ!J AWP minus 13% for name brand prescription drugs
· The drug dispensing fee is $5.60
· The formula for computing the TDSHS Payable is:
Net Cost plus drug dispensing fee = TDSHS Payable
Example: Red BooktB> AWP for 25 tablets is $100.00
1. $100.00 divided by 25 = $4.00 per tablet
2. $4.00 per tablet x 34 tablets (prescribed quantity) = $136.00
3. $136.00 - $54.40 (40% for generic) = $81.60
4, $81.60 + $5.60 (dispensing fee) = $87.20 TDSHS Payable
· A payment amount may be negotiated with the provider for:
Prescription compound drugs,
Prescription drugs not listed in the Red BooktB>, or
Prescription drugs that do not have an NDC number.
SF See additional Specifications for Prescription Drugs
The undersigned affirms that they are duly authorized to execute this contract, that this company, corporation, firm,
partnership, or individual has not prepared this bid in collusion with any other bidder, and that the contents of this bid
as to prices, terms, or conditions of said bid have not been communicated by the undersigned nor by any employee or
agent to any other person engaged in this type of business prior to the official opening of this bid.
Author;ud Signa'ure & Titl., ~ ~~ I ~-dTh AJ. ~ ~$l1'l0
Print Name & Title: ~().. &o.<'S-tnAS I e,OSI (\.''55 (VIo.n."l.f Date of Bid: ~
Telephone Number: ~ID~q;~'7~~3 Fax Number: ~'O...l 9,g-~~3~
List any exceptions to the given bid specifications:
of+<- r '.
T\WP- 5~.1. p\",
flu5
PrvJf- {(p./. ~
.
+0 500 geJlUl'C- li'5t O-t -1 5 pri'(ln~,
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w\\ \
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{:) rttnd
~ 4 ot l ?p-eflSe .fee,;
:\> 4 c\A ~p~;fI\ ~ +-c e
-Th I ~ 1C5t
Actt 55
wftl not
Page 2 of2
(,
- "'~: --,~
CALHOUN COUNTY, TEXAS -Prescription Drugs Form
~he
~
PRESCRIPTION DRUGS
JANUARY 1, 2010 Thru DECEMBER 3l, 2010
~ Return this Form (page 1 & 2), ifsubmitting a bid for Prescription
Drugs for the Calhoun County Indigent Program
--NET COST to be computed in accordance with the Department of State Health
Services, County Indigent Health Care Program Handbook, Payment Standard for
Prescription Drugs. (Page 12 excerpted from current DSHS Handbook attached-
Handbook will be updated January 2010)
Fill in appropriate blanks
Net Cost: ,.~
Generic-->Red BookeAWPMinus40% L~ Additional Discount
Less Additional iscount
NetCost: . .. . ... . .o.~
Name Brand-->Red BookeAWPMinus13% LESS Additional Disc6unt rr"A-~
L
+ 11 s:" t>
scount Plus Dispensing Fee,if any
"" ..-:"""'. ""
PuLLS ~ YMA..t.-l tt ~ e, '" d L \ '5'T
w;u
(\0 dl$,~r
All char!!es must be included in bid price. .
No other charges maybe added to the bid orice when invoiced unless noted as an
exception on the bid form.
.CALHOUN COUNTY will use the below formula taken from Section Four, Page 120f
the CIHCP Handbook.
Prescription Drugs: This service includes up to three prescription drugs per month. Newand
refilled prescriptions count equally toward this three prescription drugs per
month total. Drugs must be prescribed by a physician or other practitioner
within the scope of practice under law.
The quantity of each prescription depends on the prescribing practice of the
Physician and the needs of the patient.
*pavment Standard: Use the following information and formula
. Use the drug's l1-digit National Drug Code (NDC) number and the quantity dispensed to select the
average wholesale price (AWP) in the Red Book., In addition tothe annual Red Book., the monthly
Red Book. Update may be used. Red Book. products may be obtained by contacting Thomson
Healthcare at 1-800-678-5689.
Page lof2
t
~c_+
';: Calhoun County, Prescription Drugs, County Indigent Pr.ogram (continued)
. Net Cost is:
Red Book- AWP minus 40% for generic prescription drugs
Red Book- AWP minus 13% for name brand prescription drugs
. The drug dispensing fee is $5.60
. The formula for computing the TDSHSPayable is:
Net Cost plus drug dispensing fee = TDSHS Payable
Example: Red Book- AWP for 25 tablets is $100.00
1. $100.00 divided by 25 = $4.00 per tablet
2. $4.00 per tablet x 34 tablets (prescribed quantity)=$136.00
3. $136.00 - $54.40(40% for generic) = $81.60
4. $81.60 + $5.60 (dispensing fee) = $87.20 TDSHS Payable
. A payment amount may be negotiated with the provider for:
Prescription compound drugs,
Prescription drugs not listed in the Red BookCBl , or
Prescription drugs that do not have anNDC number.
.. See additional Specifications for Prescription Drugs
The undersigned affirms that they are duly authorized to execute this contract, . that this company, . corporation, firm,
partnership, or individual has not prepared this bidi1i collusion with any other bidder, and that the contents of this bi4
as to prices, terms, or conditions of said bid have not been communicated by the undersigned nor by any employee or
agent to any other person engaged in this type of business priorto the official opening of this bid.
Authorized Signature & Title: ~ ~ ( Il-L-LP Nt .Ih ,v'i) PtV/J~
PrintName&Title:~ hA--<.M.~1 A:11~ J+w~T~e~ 10/;2." /pt:j
Telephone Number: ?fR (- . S'" f ')... ~ 'ljll~ 00 Fax Number:-.:j(, {- 5'>'2..;'- bO 3~
List any exceptions to the given bid specifications:
Page 2 of2
AWARD BIDS FOR MEDICAL SERVICES FOR THE CALHOUN COUNTY ADULT
DETENTION CENTER AND THE CALHOUN COUNTY INDIGENT PROGRAM FOR THE
PERIOD BEGINNING JANUARY 1, 2010 AND ENDING DECEMBER 31, 2010 AND
AUTHORIZE COUNTY JUDGE TO SIGN CONTRACTS:
Passed on this Agenda Item.
APPROVE SPECIFICATIONS AND AUTHORIZE THE COUNTY AUDITOR TO ADVERTISE
FOR BIDS FOR ROAD MATERIALS FOR THE PERIOD BEGNNING JANUARY 1, 2010
AND ENDING JUNE 30, 2010. BIDS WILL BE DUE MONDAY, DECEMBER 14, 2009 AND
CONSIDERED FOR AWARD ON MONDAY, DECEMBER 21, 2009:
A Motion was made by Commissioner Fritsch and seconded by Commissioner Lyssy to approve
Specifications and authorize the County Auditor to advertise for bids for Road Materials for the
period beginning January 1, 2010 and ending June 30, 2010. Bids will be due Monday,
December 14, 2009 and considered for award on Monday, December 21,2009. Commissioners
Lyssy, Fritsch, Finster and Judge Pfeifer all voted in favor.
llER
lOR
lUCY M DID. CPA
15J ASSISTANT AUDITOR
201 W.AU TREO
PORT iliACI. TEXAS 71919
TELEPHONE 13811 553-4810 FAl13811 553-4614
PEGGY HAll
CANDICE A FAlTESEK
ASSISTANT AUDITORS
November 9,2009
TO: Honorable County Judge and Commissioners
RE: 2010 SEMI ANNUAL BID PACKAGES
ASPHALTS, OILS AND EMULSIONS; ROAD MATERIALS; INSECTICIDES/PESTICIDES
for the period JANUARY 1,2010 thru JUNE 30, 2010
Please find attached Bid Packages for the above-mentioned 2010 bid items.
~lease~mel~iih~p'elli!irOfltheIitems~p'eciall~insecticiaes!
r;er Please carefully review the entire bid package and mark any corrections that are needed. If
an item needs to have a different name, please correct it.
r;er Make sure the items are under the correct Category (ex: asphalts under asphalts)
r;er If you would like to add an item or items, please do so in the same format as the other items
shown.
The approval of the specifications will be on the agenda for the Commissioners' Court meeting of
Thursday, November 12,2009. After approval of the specifications, the bid packages will be sent out
as soon as possible. The bids will be due and opened on Monday, December 14, 2009 at 10:00 AM
in the County Judge's office and considered for award during Commissioners' Court on Monday,
December 21, 2009.
ANY CHANGES OR CORRECTIONS SHOULD BE GIVEN TO ME AS SOON AS
POSSIBLE.
If you need additional information, please let me know.
Thanks,
Peggy Hall
Assistant Auditor
~h_
SPECIFICATIONS FOR
ROAD MATERIALS
1. The County of Calhoun is requesting sealed bids for road materials as needed by
the following Road and Bridge Precincts:
Precinct #1, Fairgrounds Area or Jobsites
Precinct #2, Six Mile Area or Jobsites
Precinct #3, Olivia Area or Jobsites
Precinct #4-P, Port O'Connor Area or Jobsites
Precinct #4-S, Seadrift Area or Jobsites
2. The bid shall be in effect for a period of Six (6) Months Beginning January 1, 2010 and
Ending June 30,2010.
3. Materials shall meet or exceed TDOT Specifications for construction of highways, roads and
bridges. If there are any other specifications, they are listed on the Invitation to Bid Form.
The Bid Items are:
-Item 350, Type D (Hot-Mix Cold Laid Asphaltic Concrete Pavement)
Must Meet All TXDOT Specifications
- Item 330, Limestone Rock Asphalt
Must Meet All TXDOT Specifications
-Item 332, Limestone Rock Asphalt
Must Meet All TXDOT Specifications
-Item 330, Type D (Pre-Mix Limestone)
Must Meet All TXDOT Specifications
-Item 304, Type PE (Topping Rock), Grade 4
Must Meet All TXDOT Specifications
-Item 302, Type PE (Topping Rock), Grade 3
Must Meet All TXDOT Specifications
-Item 249, Type B (Flexible Processed Base), Grade 3:(Min PI 6)
Must Meet All TXDOT Specifications
-Item 249, Type A Limestone, Grade 3 [1 ~ Inch]
Must Meet All TXDOT Specifications
-Type PB (Topping Rock), Grade 4
Must Meet All TXDOT Specifications
-Limestone-3/4 Inch to Dust
Must Meet All TXDOT Specifications
-Dry Rip Rap Material
Must Meet All TXDOT Specifications
Tope size: IS" Rock weighing between 175 to 200 pounds
~ Bid Items continued on page 2
Page 1 of6
~~.:
-Fly Ash
Calhoun County reserves the right to conduct random sampling of pre-qualified
materials for testing and to perform random audits of test reports. County
representatives may sample material from the manufacturing plant, terminal,
shipping container and any other source they deem necessary to insure reliability
of the product.
-Bottom Ash
Calhoun County reserves the right to conduct random sampling of pre-qualified
materials for testing and to perform random audits of test reports. County
representatives may sample material from the manufacturing plant, terminal,
shipping container and any other source they deem necessary to insure reliability
of the product.
-Top Wash
Calhoun County reserves the right to conduct random sampling of pre-qualified
materials for testing and to perform random audits of test reports. County
representatives may sample material from the manufacturing plant, terminal,
shipping container and any other source they deem necessary to insure reliability
of the product.
-Topping
Calhoun County reserves the right to conduct random sampling of pre-qualified
materials for testing and to perform random audits of test reports, County
representatives may sample material from the manufacturing plant, terminal,
shipping container and any other source they deem necessary to insure reliability
of the product.
4. Delivery shall be FOB Destination to Jobsite. All charges must be included in bid price.
No other charges may be added to the bid price when invoiced unless noted as an exception
on the bid form.
5. NO PERSON has the authority to verbally alter these specifications. Any changes to
specifications will be made in writing (Addendum approved by Commissioners' Court) and
sent to each person having a bid package.
6. If any further information is needed concerning specifications, contact
Commissioner Roger Galvan, Precinct 1, 361-552-9242
Commissioner Vem Lyssy, Precinct 2,361-552-9656
Commissioner Neil Fritsch, Precinct 3,361-893-5346
Commissioner Kenneth Finster, Precinct 4,361-785-3141
7. To request a bid package, please contact:
Calhoun County Auditor's Office
Courthouse Annex Building
Attn: Peggy Hall
201 W Austin
Port Lavaca TX 77979
Phone: (361) 553-4610
Fax: (361) 553-4614
Email: peggy.hall@calhouncotx.org
Page 2 of6
..,.
GENERAL CONDITIONS OF BIDDING
FAILURE TO COMPLY WITH THESE GENERAL CONDITIONS OF BIDDING MAY RESULT IN
THE BID BEING DISQUALIFIED.
1. BIDDING Return Only the original of the "Invitation To Bid Forml1
~ If you send information on your product, please send 6 coPieJ
A. All bids must be on the "Invitation To Bid Forms" furnished by the County
Auditor's Office and must be written in ink or by typewriter.
B. DE - TIME AND DATE: Sealed bids must be in the office of the Coun!y Judg~
I r before 10:00 AM, Monday:, December 14, 2009.1 The clock in the County Judge's
office isthe official clock that will be used in determining the time that a bid is
received and the time that bids will be opened. A late delivery with an early postmark
will not suffice. Be sure you have allowed ample time for postal delivery. The County
will not be responsible for the delivery of your bid to the office of the County Judge. If
you choose to send your bid by postal delivery, then it is recommended that you call the
County Judge's office at 361-553-4600 to verify receipt of your bid prior to bid
opening. Calhoun County does not accept faxed or emailed bids.
All Bids are due on or before 10:00 AM, Monday, December 14, 2009 at the
following address:
Honorable Michael J Pfeifer
Calhoun County Judge
211 S Ann St.
3rd Floor, Room 301
Port Lavaca TX 77979
..
Mark the outside of the sealed envelope with the name of the bid item.
1
If you send your bid by UPS, FEDEX, etc, the outside of this envelo~e
.- -
must be marked "Sealed Bid - Road Materials. II
C.
WITHDRAWAL OF BID: A bidder may withdraw their bid before County acceptance
of the bid without prejudice to himself/herself, by submitting a written request for its
withdrawal to the County Judge.
D.
Bids should show unit price. All Charf!es must be included in bid price.
No other charges may be added to the bid price when invoiced unless noted as
an exception on the bid form.
Page 3 of6
~
E.
No change in price will be considered after bids have been opened.
F. Bidders are invited to be present at the opening of bids. Once Commissioners' Court
has made the award, the bids may be viewed at the Auditor's Office, Courthouse Annex
Building, 20 1 West Austin Street, Port Lavaca, TX 77979.
2. BIDS:
Bids are for a six (6) month period beginning January 1,2010 and ending June 30, 2010.
3. BID FORMS:
The "Invitation to Bid Form" must be signed and dated by an officer (or employee) who
is duly authorized to execute this contract, that this company, corporation, firm, partnership or
individual has not prepared this bid in collusion with any other Vendor, and that the contents
of this bid as to prices, terms or conditions of said bid have not been communicated by the
individual signing nor by any employee or agent to any other person engaged in this type of
business prior to the official opening of this bid.
4. EXCEPTIONS:
If exceptions are being taken to any part of specifications, have them listed on the
Invitation to Bid Form or on your letterhead and manuallv sign it.
5. TAXES:
The County is exempt from Federal Excise Tax and State Sales and Use Tax.
The bid price must not include the above mentioned taxes.
6. AWARD
Commissioners' Court reserves the right to waive technicalities, reject any or all
bids, to accept the bid deemed most advantageous to Calhoun County and to be
the sole judge in determining which bids will be most advantageous to Calhoun
County .
In the event of Tie Bids, the winning bid is determined per the Texas Local Government
Code 262.027(b).
The County of Calhoun, Texas is an Equal Employment Opportunity Employer.
the County does not discriminate on the basis of race, color, national origin, sex,
religion, age or handicapped status in employment or the provision of services.
7. DELIVERIES:
A. Unless otherwise stated in the bid form or specifications, deliveries must consist
only of new and unused merchandise.
B. In the event that the deliveries of the supplies or products covered in the proposal
are not made within the number of days specified, or in the event that the supplies
or products delivered are rejected, and are not removed and replaced within the
Page 4 of6
'~
number of days specified in the official notice of rejection, the County reserves
the right to purchase said supplies from the next lowest bidder who meets the
specifications. Upon any such breach of contract, the County reserves the right to
proceed against the successful bidder and/or the surety on his bond for any and all
damages occasioned by the breach.
..
8. REJECTIONS:
Articles not in accordance with samples and specifications must be removed by
the bidder at his expense. All disputes concerning quality of supplies delivered
under this proposal will be determined by Commissioners' Court or their
designated representative.
9. BILLING:
All bills are subject to approval by the Auditor's office.
Payment of all invoices will be made after the delivery and inspection of the item or items are
satisfactory to the County and the purchase order and invoice are properly and timely submitted
to the Treasurer's office by the appropriate County Department. Commissioners' Court meet
the 2nd and 4th Thursday of each month to approve bills. Each County Department is
responsible for submitting their purchase orders for payment and the purchase orders are due by
4:00 PM in the Treasurer's Office the Thursday before each Commissioners' Court Meeting.
No payment can be mailed out until approved by Commissioners' Court.
10. CONDITIONS PART OF BID:
The general conditions of bidding defined herein shall be a part of the attached bid.
11. CONTRACT:
A. No formal contract will be executed. The following will comprise the contract
between the County and the successful bidder.
1. Specifications for Road Materials
2. General conditions to bidding
3. The signed Invitation To Bid Form with bid amount
4. Letter awarding the bid
B. In case of conflict, the specifications shall be controlling.
12. OSHA REQUIREMENTS:
The vendor or contractor hereby guarantees to the County of Calhoun, Texas that
all material, supplies and equipment as listed on the proposal, contract or purchase
order meets the requirements, specifications and standards as provided for under
the Federal Occupational Safety and Health Act of 1970, as amended and in force
at the date hereof.
Page 5 of6
...
'''; ~:~:
13,
PROTEST PROCEDURES:
Any actual or prospective bidder or proposer who believes they are aggrieved in
connection with or pertaining to a bid or proposal may file a protest. The protest must be
delivered in writing to the Auditor's Office, in person or by certified mail return receipt
requested prior to award. The written protest must include:
1. Name, mailing address and business phone number of the protesting party;
2. Appropriate identification of the bid or proposal being protested;
3. A precise statement of the reasons for the protest; and
4. Any documentation or other evidence supporting the protest and any
alleged claims.
The Auditor's Office will attempt to resolve the protest, including at the Auditor's option,
meeting with the protesting party. If the protest is successfully resolved by mutual
agreement, written verification ofthe resolution, with specifics on each point addressed
in the protest, will be forwarded to Commissioners' Court.
If the Auditor's Office is not successful in resolving the protest, the protesting party may
request in writing that the protest be considered by Commissioners' Court. Applicable
documentation and other information applying to the protest will be forwarded to
Commissioners' Court, who will promptly review such documentation and information.
If additional information is desired, Commissioners' Court may notify the necessary party or
parties to the protest to provide such information. The decision of Commissioner's Court will
be final.
18. PUBLIC INFORMATION ACT:
A. All governmental information is presumed to be available to the public. Certain
exceptions may apply to the disclosure of the information. Governmental bodies
shall promptly release requested information that is not confidential by law, either
constitutional, statutory, or by judicial decision, or information for which an
exception to disclosure has not been sought.
B. To request information from Calhoun County, please contact:
Calhoun County Auditor's Office
Courthouse Annex Building
Attn: Cindy Mueller, County Auditor
201 W. Austin St.
Port Lavaca, TX 77979
Phone: 361-553-4610
Fax: 361-553-4614
Email: cindy.mueller@calhouncotx.org
Page 6 of6
APPROVE SPECIFICATIONS AND AUTHORIZE THE COUNTY AUDITOR TO ADVERTISE
FOR BIDS FOR INSECTICIDES/PESTICIDES FOR THE PERIOD BEGINNING JANUARY
1, 2010 AND ENDING JUNE 30, 2010. BIDS WILL BE DUE MONDAY, DECEMBER 14,
2009 AND CONSIDERED FOR AWARD ON MONDAY, DECEMBER 21, 2009:
A Motion was made by Commissioner Fritsch and seconded by Commissioner Lyssy to approve
Specifications and authorize the County Auditor to advertise for bids for Insecticides/Pesticides
for the period beginning January 1, 2010 and ending June 30, 2010. Bids will be due Monday,
December 14, 2009 and considered for award on Monday, December 21,2009. Commissioners
Lyssy, Fritsch, Finster and Judge Pfeifer all voted in favor,
llER
lOR
lUCY M DID, CPA
1SJ ASSISTm AUDITOR
201 W. AU TREO
PORT lAVACI, TEXAS n919
TELEPHONE 13611 553-4610 FAX 13611 553-4614
PEIIY HAll
CANDICE A FAlTESEK
ASSISTm AUDITORS
November 9, 2009
TO: Honorable County Judge and Commissioners
RE: 2010 SEMI ANNUAL BID PACKAGES . ..
ASPHALTS, OILS AND EMULSIONS; ROAD MATERIALS; INSECTICIDES/PESTICIDES
for the period JANUARY 1,2010 thru JUNE 30, 2010
Please find attached Bid Packages for the above-mentioned 2010 bid items.
~lease~~elli!i!Ofith~~iill~insecticia~
~ Please carefully review the entire bid package and mark any corrections that are needed. If
an item needs to have a different name, please correct it.
~ Make sure the items are under the correct Category (ex: asphalts under asphalts)
Iii? If you would like to add an item or items, please do so in the same format as the other items
shown.
The approval of the specifications will be on the agenda for the Commissioners' Court meeting. of
Thursday, November 12, 2009. After approval of the specifications, the bid packages will be sent out
as soon as possible. The bids will be due and opened on Monday, December 14,2009 at 10:00 AM
in the County Judge's office and considered for award during Commissioners' Court on Monday,
December 21, 2009.
ANY CHANGES OR CORRECTIONS SHOULD BE GIVEN TO ME AS SOON AS
POSSIBLE.
If you need additional information, please let me know.
Thanks,
Peggy Hall
Assistant Auditor
f
SPECIFICATIONS FOR
INSECTICIDES/PESTICIDES
FOR MOSQUITO CONTROL
1. The County of Calhoun is requesting sealed bids for Insecticides/Pesticides for Mosquito
Control as needed by the following Road and Bridge Precincts:
Precinct #1, Fairgrounds Area or Jobsites
Precinct #2, Six Mile Area or Jobsites
Precinct #3, Olivia Area or Jobsites
Precinct #4-P, Port O'Connor Area or Jobsites
Precinct #4-S, Seadrift Area or Jobsites
2. The bid shall be in effect for a period of Six (6) Months Beginning January 1, 2010 and
Ending June 30, 2010.
3. Bid Items are:
· Mineral Oil
· Malathion - Active Ingredients: 96.5% Malathion
3.5% Inert Ingredients
· 20-20 UL V - Active Ingredients: 20% Permethrin
20% Piperonyl Butoxide Technical
60% Other Ingredients
· 30-30 ULV - Active Ingredients: 30% Permethrin [Cas 52645-53-1]
30% Piperonyl Butoxide Technical [Cas 51-03-6]
40% Inert Ingredients
· Insecticides #1 - Active Ingredients: 4.14% Resmethrin
12.42% Piperonyl Butoxide Technical
83.44% Inert Ingredients
· Insecticides #2 - Active Ingredients: 13.624% Chlorpyrifos [O.O-diethyl 0-(3,5,6,
-trichloro- 2-pyridyl) phosphorothloate]
86.376% Inert Ingredients
· Oil Soluble Synthetic Pyrethroid - Active Ingredient: d-Phenothrin
4. Delivery shall be FOB Destination to Jobsite. All charges must be included in bid price.
No other charges may be added to the bid price when invoiced unless noted as an
exception on the bid form.
5. NO PERSON has the authority to verbally alter these specifications. Any changes to
Specifications will be made in writing (Addendum approved by Commissioners' Court) and
sent to each person having a bid package.
6. If any further information is needed concerning specifications, contact
Commissioner Roger Galvan, Precinct 1,361-552-9242
Commissioner Vem Lyssy, Precinct 2,361-552-9656
Commissioner Neil Fritsch, Precinct 3,361-893-5346
Commissioner Kenneth Finster, Precinct 4, 361-785-3141
Page 1 of6
o) 7. To request a bid package, please contact:
Calhoun County Auditor's Office
Courthouse Annex Building
Attn:.Peggy Hall
201 W Austin Street
Port Lavaca TX 77979
Phone: (361) 553-4610
Fax: (361) 553-4614
Email: peggv.hall@calhouncotx.org
Page 2 of6
l'
GENERAL CONDITIONS OF BIDDING
FAILURE TO COMPLY WITH THESE GENERAL CONDITIONS OF BIDDING MAY RESULT IN THE
BID BEING DISQUALIFIED,
1.
BIDDING
... Return Only the Original of the "Invitation to Bid FOnn.~
If you send information on your product, please send 6 copies
A. All bids must be on the "Invitation To Bid Forms" furnished by the County
Auditor's Office and must be written in ink or by typewriter.
B. lOVE - TIME AND DATE: Sealed bids must be in the office ofthe Coun!)' Judge on or
[before 10:00 AM, Mondax, December 14,2009.1 The clock in the County Judge's
office is the official clock that will be used in determining the time that a bid is received
and the time that bids will be opened. A late delivery with an early postmark will not
suffice. Be sure you have allowed ample time for postal delivery. The County will not
be responsible for the delivery of your bid to the office of the County Judge. If you
choose to send your bid by postal delivery, then it is recommended that you call the
County Judge's office at 361-553-4600 to verify receipt of your bid prior to bid opening.
Calhoun County does not accept faxed or emailed bids.
All Bids are due on or before 10:00 AM, Monday, December 14, 2009 at the
following address:
Honorable Michael J Pfeifer
Cal houn County Judge
211 S Ann St
Thi rd Floor, Room 301
Port LavacaTX 77979
... Mark the outside of the sealed envelope with the name of the bid ite,J
I
If you send your bid by UPS, FEDEX, etc, the outside of this envelope must bd
marked "Sealed Bid -Insecticides/Pesticides."]
. C. WITHDRAWAL OF BID: A bidder may withdraw their bid before County acceptance
of the bid without prejudice to himself/herself, by submitting a written request for its
withdrawal to the County Judge.
D. Bids should show unit price. All charges must be included in bid price.
No other charges may be added to the bid price when invoiced unless noted as an
exception on the bid form.
E. No change in price will be considered after bids have been opened.
Page 3 of6
F. Bidders are invited to be present at the opening of bids. Once Commissioners' Court has
made the award, the bids may be viewed at the Auditor's Office, Courthouse Annex
Building, 20 1 West Austin Street, Port Lavaca, TX 77979.
2. BIDS:
Bids are for a six (6) month period beginning January 1,2010 and ending June 30, 2010.
3. BID FORMS:
The "Invitation to Bid Form" must be signed and dated by an officer (or employee) who
is authorized to execute this contract, that this company, corporation, firm, partnership or
individual has not prepared this bid in collusion with any other Vendor, and that the
contents of this bid as to prices, terms or conditions of said bid have not been communicated
by the individual signing nor by any employee or agent to any other person engaged in this
type of business prior to the official opening of this bid.
4. EXCEPTIONS:
If exceptions are being taken to any part of specifications, have them listed on the
Invitation to Bid Form or on your letterhead and manually sign it.
5. TAXES:
The County is exempt from Federal Excise Tax and State Sales and Use Tax.
The bid price must not include the above mentioned taxes.
6. AWARD
Commissioners' Court reserves the right to waive technicalities, reject any or all
bids, to accept the bid deemed most advantageous to Calhoun County and to be
the sole judge in determining which bids will be most advantageous to Calhoun
County.
In the event of tie bids, the winning bid is determined per the Texas Local Government
Code 262.027(b).
The County of Calhoun, Texas is an Equal Employment Opportunity Employer.
the County does not discriminate on the basis of race, color, national origin, sex,
religion, age or handicapped status in employment or the provision of services.
7. DELIVERIES:
A. Unless otherwise stated in the bid form or specifications, deliveries must consist
only of new and unused merchandise.
B. In the event that the deliveries of the supplies or products covered in the proposal
are not made within the number of days specified, or in the event that the supplies
or products delivered are rejected, and are not removed and replaced within the
number of days specified in the official notice of rejection, the County reserves
Page 4 of6
the right to purchase said supplies from the next lowest bidder who meets the
specifications. Upon any such breach of contract, the County reserves the right to
proceed against the successful bidder and/or the surety on his bond for any and all
damages occasioned by the breach.
8.
REJECTIONS:
Articles not in accordance with samples and specifications must be removed by
the bidder at his expense. All disputes concerning quality of supplies delivered
under this proposal will be determined by Commissioners' Court or their
designated representative.
9. BILLING:
All bills are subject to approval by the Auditor's office.
Payment of all invoices will be made after the delivery and inspection of the item
or items are satisfactory to the County and the purchase order and invoice are properly and
timely submitted to the Treasurer's office by the appropriate County Department.
Commissioners' Court meet the 2nd and 4th Thursday of each month to approve bills. Each
County Department is responsible for submitting their purchase orders for payment and the
purchase orders are due by 4:00 PM in the Treasurer's Office the Thursday before each
Commissioners' Court Meeting. No payment can be mailed out until approved by
Commissioners' Court.
10. CONDITIONS PART OF BID:
The general conditions of bidding defined herein shall be a part of the attached bid.
11. CONTRACT:
A. No formal contract will be executed. The following will comprise the contract
between the County and the successful bidder.
1. General Specifications
2. General conditions to bidding
3. The signed Invitation To Bid Form with bid amount
4. Letter awarding the bid
B. In case of conflict, the specifications shall be controlling.
12. OSHA REOUIREMENTS:
The vendor or contractor hereby guarantees to the County of Calhoun, Texas that
all material, supplies and equipment as listed on the proposal, contract or purchase
order meets the requirements, specifications and standards as provided for under
the Federal Occupational Safety and Health Act of 1970, as amended and in force
at the date hereof.
Page 5 of6
" #~13.
~"
PROTEST PROCEDURES:
Any actual or prospective bidder or proposer who believes they are aggrieved in
connection with or pertaining to a bid or proposal may file a protest. The protest must be
delivered in writing to the Auditor's Office, in person or by certified mail return receipt
requested prior to award. The written protest must include:
1. Name, mailing address and business phone number of the protesting party;
2. Appropriate identification of the bid or proposal being protested;
3. A precise statement of the reasons for the protest; and
4. Any documentation or other evidence supporting the protest and any
alleged claims.
The Auditor's Office will attempt to resolve the protest, including at the Auditor's option,
meeting with the protesting party. Ifthe protest is successfully resolved by mutual
agreement, written verification of the resolution, with specifics on each point addressed
in the protest, will be forwarded to Commissioners' Court.
If the Auditor's Office is not successful in resolving the protest, the protesting party may
request in writing that the protest be considered by Commissioners' Court. Applicable
documentation and other information applying to the protest will be forwarded to
Commissioners' Court, who will promptly review such documentation and information.
If additional information is desired, Commissioners' Court may notify the necessary party or
parties to the protest to provide such information. The decision of Commissioner's Court will be
fmal.
18. PUBLIC INFORMATION ACT:
A. All governmental information is presumed to be available to the public. Certain
exceptions may apply to the disclosure of the information. Governmental bodies
shall promptly release requested information that is not confidential by law, either
constitutional, statutory, or by judicial decision, or information for which an
exception to disclosure has not been sought.
B. To request information from Calhoun County, please contact:
Calhoun County Auditor's Office
Courthouse Annex Building
Attn: Cindy Mueller, County Auditor
201 W. Austin St.
Port Lavaca, TX 77979
Phone: 361-553-4610
Fax: 361-553-4614
Email: cindy.mueller@calhouncotx.org
Page 6 of6
APPROVE SPECIFICATIONS AND AUTHORIZE THE COUNTY AUDITOR TO ADVERTISE
FOR BIDS FOR ASPHALTS, OILS AND EMULSIONS FOR THE PERIOD BEGINNING
JANUARY 1,2010 AND ENDING JUNE 30,2010. BIDS WILL BE DUE MONDAY,
DECEMBER 14, 2009 AND CONSIDERED FOR AWARD ON MONDAY, DECEMBER 21,
2009:
A Motion was made by Commissioner Fritsch and seconded by Commissioner Lyssy to approve
Specifications and authorize the County Auditor to advertise for bids for Asphalts, Oils and
Emulsions for the period beginning January 1, 2010 and ending June 30, 2010. Bids will be due
Monday, December 14, 2009 and considered for award on Monday, December 21, 2009.
Commissioners Lyssy, Fritsch, Finster and Judge Pfeifer all voted in favor.
.-
llER
lOR
lUCY M 010. CPA
1ST ASSISTANT AUDITOR
201 W. AU REO
PORT lAlACi TEXAS 77919
TEUPHONE 13611 553-4610 FAX 13611553-4614
PEGGY HAll
CANDICE A FAlTESEK
ASSISTm AUDITORS
November 9, 2009
TO: Honorable County Judge and Commissioners
RE: 2010 SEMI ANNUAL BID PACKAGES
ASPHALTS, OILS AND EMULSIONS; ROAD MATERIALS; INSECTICIDES/PESTICIDES
for the period JANUARY 1,2010 thru JUNE 30, 2010
Please find attached Bid Packages for the above-mentioned 2010 bid items.
~lease~p'elli!irOflth~~p'eciallyl'tl~Jnse:cticia~
I:iP Please carefully review the entire bid package and mark any corrections.that are needed. If
an item needs to have a different name, please correct it.
liP Make sure the items are under the correct Category (ex: asphalts under asphalts)
ffiiP If you would like to add an item or items, please do so in the same format as the other items
shown.
The approval of the specifications will be on the agenda for the Commissioners' Court meeting of
Thursday, November 12, 2009. After approval. of the specifications, the bid packages will be sent out
as soon as possible~ The bids will be due and opened on Monday, December 14,2009 at 10:00 AM
in the County Judge's office and considered for award during Commissioners' Court on Monday,
December 21, 2009.
ANY CHANGES OR CORRECTIONS SHOULD BE GIVEN TO ME AS SOON AS
POSSIBLE.
If you need additional information, please let me know.
Thanks,
Peggy Hall
Assistant Auditor
<.
SPECIFICATIONS FOR
ASPHALTS, OILS AND EMULSIONS
1. The County of Calhoun is requesting sealed bids for Asphalts, Oils and Emulsions as needed
by the following Road and Bridge Precincts:
Precinct #1, Fairgrounds Area or 10bsites
Precinct #2, Six Mile Area or 10bsites
Precinct #3, Olivia Area or 10bsites
Precinct #4-P, Port O'Connor Area or 10bsites
Precinct #4-S, Seadrift Area or 10bsites
2. The bid shall be in effect for a period of Six (6) Months Beginning January 1,2010 and
ending June 30, 2010.
3. Materials shall meet or exceed TDOT Specifications for construction of highways, roads and
bridges. Materials shall conform to the Texas Highway Department Item #300 entitled
"Asphalt, Oils and Emulsions." If there are any other specifications, they are listed on the
Invitation to Bid form.
The Bid Items are:
- Primer Oil
Must Meet All TXDOT Specifications
-Item 300, Asphalts, Oils and Emulsions: [AC-5]
Must Meet All TXDOT Specifications
-Item 300, Asphalts, Oils and Emulsions:(RC250)
Must Meet All TXDOT Specifications
-Item 300, Type CRS-2, Emulsified Asphalt (Cationic Rapid Setting)
Must Meet All TXDOT Specifications
-Item 300, Type CRS-2P, Emulsified Asphalt (Cationic Rapid Setting)
Must Meet All TXDOT Specifications
-Item 314, Emulsified Asphalt Treatment
Must Meet All TXDOT Specifications
-Emulsified Asphalt Road Over-Coat (protective over-coat asphalt emulsion)
Must Meet All TXDOT Specifications
Calhoun County reserves the right to conduct random sampling of pre-qualified materials
for testing and to perform random audits of test reports. County representatives may sample
material from the manufacturing plan, terminal, shipping container and any other source
they deem necessary to insure reliability of the products.
4. Delivery shall be FOB Destination to 10bsite. All charges must be included in bid price.
No other charges may be added to the bid price when invoiced unless noted as an exception
on the bid form.
Page 1 of6
5. NO PERSON has the authority to verbally alter these specifications. Any changes to
Specifications will be made in writing (Addendum approved by Commissioners' Court) and
sent to each person having a bid package.
6. If any further information is needed concerning specifications, contact
Commissioner Roger Galvan, Precinct 1,361-552-9242
Commissioner Vem Lyssy, Precinct 2,361-552-9656
Commissioner Neil Fritsch, Precinct 3,361-893-5346
Commissioner Kenneth Finster, Precinct 4,361-785-3141
7. To request a bid package, please contact:
Calhoun County Auditor's Office
Courthouse Annex Building
Attn: Peggy Hall
201 W Austin
Port Lavaca TX 77979
Phone: (361) 553-4610
Fax: (361) 553-4614
Emai1: peggy.hall@calhouncotx.org
Page 2 of6
;::.--
GENERAL CONDITIONS OF BIDDING
FAILURE TO COMPLY WITH THESE GENERAL CONDITIONS OF BIDDING MAY RESULT IN
THE BID BEING DISQUALIFIED,
~ Return Only the Original of the "Invitation to Bid Form"'----,
~ If you send information on your product, please send 6 coPiesJ
1.
BIDDING
A. All bids must be on the "Invitation To Bid Forms" furnished by the County
Auditor's Office and must be written in ink or by typewriter.
B. DUE - TIME AND DATE: Sealed bids must be in the office of the County Judg~
~y 10:00 AM, Monday:, December 14,2009.1 The clock in the County Judge's
office is the official clock that will be used in determining the time that a bid is
received and the time that bids will be opened. A late delivery with an early
postmark will not suffice. Be sure you have allowed ample time for postal delivery.
The County will not be responsible for the delivery of your bid to the office of the
County Judge. If you choose to send your bid by postal delivery, then it is
recommended that you call the County Judge's office at 361-553-4600 to verify
receipt of your bid prior to bid opening. Calhoun County does not accept faxed or
emailed bids.
All Bids are due on or before 10:00 AM, Monday, December 14, 2009 at
the following address:
Honorable Michael J Pfeifer
Calhoun County Judge
211 S Ann St
3rd Floor, Room 301
Port Lavaca TX 77979
Iir Mark the outside of the sealed envelol1e with the name of the bid item
I
If you send your bid by UPS, FEDEX, etc, the outsi~e of this enveloee must be
marked "Sealed Bid - Asphalts, Oils & Emulsions."j
C. WITHDRAWAL OF BID: A bidder may withdraw their bid before County
acceptance of the bid without prejudice to himself/herself, by submitting a written
request for its withdrawal to the County Judge.
D. Bids should show unit price. All charges must be included in bid price.
No other charges maybe added to the bid price when invoiced unless noted as an
exception on the bid form.
E. No change in price will be considered after bids have been opened.
Page 3 of6
.,
F.
Bidders are invited to be present atthe opening of bids. Once Commissioners' Court
has made the award, the bids may be viewed at the Auditor's Office, Courthouse
Annex Building, 201 West Austin Street, Port Lavaca, TX 77979.
2. BIDS:
Bids are for a six (6) month period beginning January 1,2010 and ending June 30, 2010.
3. BID FORMS:
The "Invitation to Bid Form" must be signed and dated by an officer (or employee) who
is authorized to execute this contract, that this company, corporation, firm, partnership or
individual has not prepared this bid in collusion with any other Vendor, and that the
contents of this bid as to prices, terms or conditions of said bid have not been communicated
by the individual signing nor by any employee or agent to any other person engaged in this
type of business prior to the official opening of this bid.
4. EXCEPTIONS:
If exceptions are being taken to any part of specifications, have them listed on the
Invitation to Bid Form or on your letterhead and manuallv sign it.
5. TAXES:
The County is exempt from Federal Excise Tax and State Sales and Use Tax.
The bid price must not include the above mentioned taxes.
6. AWARD
Commissioners' Court reserves the right to waive technicalities, reject any or all
bids, to accept the bid deemed most advantageous to Calhoun County and to be
the sole judge in determining which bids will be most advantageous to Calhoun
County .
In the event of tie bids, the winning bid is determined per the Texas Local Government
Code 262.027(b).
The County of Calhoun, Texas is an Equal Employment Opportunity Employer.
the County does not discriminate on the basis of race, color, national origin, sex,
religion, age or handicapped status in employment or the provision of services.
7. DELIVERIES:
A. Unless otherwise stated in the bid form or specifications, deliveries must consist
only of new and unused merchandise.
B. In the event that the deliveries of the supplies or products covered in the proposal
are not made within the number of days specified, or in the event that the supplies
or products delivered are rejected, and are not removed and replaced within the
number of days specified in the official notice of rejection, the County reserves
Page 4 of6
I ~
i
I
i
the right to purchase said supplies from the next lowest bidder who meets the
specifications. Upon any such breach of contract, the County reserves the right to
proceed against the successful bidder and/or the surety on his bond for any and all
damages occasioned by the breach.
8.
REJECTIONS:
Articles not in accordance with samples and specifications must be removed by
the bidder at his expense. All disputes concerning quality of supplies delivered
under this proposal will be determined by Commissioners' Court or their
designated representative.
9. BILLING:
All bills are subject to approval by the Auditor's office.
Payment of all invoices will be made after the delivery and inspection of the item
or items are satisfactory to the County and the purchase order and invoice are properly and
timely submitted to the Treasurer's office by the appropriate County Department.
Commissioners' Court meet the 2nd and 4th Thursday of each month to approve bills. Each
County Department is responsible for submitting their purchase orders for payment and the
purchase orders are due by 4:00 PM in the Treasurer's Office the Thursday before each
Commissioners' Court Meeting. No payment can be mailed out until approved by
Commissioners' Court.
10. CONDITIONS PART OF BID:
The general conditions of bidding defined herein shall be a part of the attached bid.
11. CONTRACT:
A. No formal contract will be executed. The following will comprise the contract
between the County and the successful bidder.
1. General Specifications
2. General conditions to bidding
3. The signed Invitation To Bid Form with bid amount
4. Letter awarding the bid
B. In case of conflict, the specifications shall be controlling.
12. OSHA REQUIREMENTS:
The vendor or contractor hereby guarantees to the County of Calhoun, Texas that
all material, supplies and equipment as listed on the proposal, contract or purchase
order meets the requirements, specifications and standards as provided for under
the Federal Occupational Safety and Health Act of 1970, as amended and in force
at the date hereof.
Page 5 of6
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......
13.
PROTEST PROCEDURES:
Any actual or prospective bidder or proposer who believes they are aggrieved in
connection with or pertaining to a bid or proposal may file a protest. The protest must be
delivered in writing to the Auditor's Office, in person or by certified mail return receipt
requested prior to award. The written protest must include:
1. Name, mailing address and business phone number of the protesting party;
2. Appropriate identification of the bid or proposal being protested;
3. A precise statement of the reasons for the protest; and
4. Any documentation or other evidence supporting the protest and any
alleged claims.
The Auditor's Office will attempt to resolve the protest, including at the Auditor's option,
meeting with the protesting party. Ifthe protest is successfully resolved by mutual
agreement, written verification of the resolution, with specifics on each point addressed
in the protest, will be forwarded to Commissioners' Court.
If the Auditor's Office is not successful in resolving the protest, the protesting party may
request in writing that the protest be considered by Commissioners' Court. Applicable
documentation and other information applying to the protest will be forwarded to
Commissioners' Court, who will promptly review such documentation and information.
If additional information is desired, Commissioners' Court may notify the necessary party or
parties to the protest to provide such information. The decision of Commissioner's Court
will be final.
14. PUBLIC INFORMATION ACT:
A. All governmental information is presumed to be available to the public. Certain
exceptions may apply to the disclosure ofthe information. Governmental bodies
shall promptly release requested information that is not confidential by law, either
constitutional, statutory, or by judicial decision, or information for which an
exception to disclosure has not been sought.
B. To request information from Calhoun County, please contact:
Calhoun County Auditor's Office
Courthouse Annex Building
Attn: Cindy Mueller, County Auditor
201 W. Austin St.
Port Lavaca, TX 77979
Phone: 361-553-4610
Fax: 361-553-4614
Email: cindy.mueller@calhouncotx.org
Page 6 of6
CANVASS THE RETURNS OF THE NOVEMBER 3, 2009 CONSTITUTIONAL AMENDMENT
ELECTION:
A Motion was made by Judge Pfeifer and seconded by Commissioner Fritsch to Canvass the
returns of the November 3, 2009 Constitutional Amendment Election. Commissioners Lyssy,
Fritsch, Finster and Judge Pfeifer all voted in favor,
r
CANVASS OF ELECTIONS
I, Michael J. Pfeifer, County Judge of Calhoun County, met on
November 12th, 2009, with the Commissioners' Court, sitting as the
Canvassing Board, to canvass the November Cont. Amend. Election
held on November 3, 2009, in Calhoun County.
I certify that the figures on the tally sheets correspond with the figures
on the returns.
Witness my hand this the 12th day of November, 2009.
/'
~
CALHOUN GENERAL ELECTIONS NOVEMBER 3, 2009
I
RESULTS
I EARLY ED GRAND
I TOTALS
PROPOSITION 1
FINANCING THROUGH TAX FOR 141 336 477
INCREMENT AGAINST 118 370 488
I
I
PROPOSITION 2
AUTHORIZING TAXA TlON OF A FOR 167 516 683
RESIDENCE HOMESTEAD AGAINST 100 211 311
I
PROPOSITION 3
UNIFORM STANDARDS FOR FOR 153 429 582
APPRAISAL OF PROPERTY AGAINST 114 290 404
I
PROPOSITION 4
e----,
ESTABLISH NATIONAL RESEARCH FOR 107 301 408
UNIVERSITY FUND AGAINST 151 394 545
I
PROPOSITION 5
AUTHORIZE A SINGLE BOARD FOR 134 361 495
OF EQUALlZA TlON AGAINST 124 334 458
I
PROPOSITION 6
AUTHORIZE VETERANS' LAND FOR , 165 454 619
BOARD TO ISSUE BONDS AGAINST 95 247 342
I
PROPOSITION 7
ALLOW TX STA TE GUARD OR FOR 169 502 671
OTHER TO HOLD OTHER CIVIL OFFICES AGAINST 94 214 308
I
PROPOSITION 8
AUTHORIZE STATE TO CONTRIBUTE FOR 208 529 737
MONEY, PROPERTY, & OTHER RESOURCES AGAINST 58 190 248
I
PROPOSITION 9
PROTECT RIGHT TO ACCESS FOR 216 532 748
& USE THE PUBLIC BEACHES AGAINST 47 170 217
I
PROPOSITION 10
PROVIDE GOVERNING MEMBERS FOR 180 474 654
SERVING TERMS NOT TO EXCEED 4 YRS AGAINST 80 228 308
I
PROPOSITION 11
PROHIBIT THE TAKING, DAMAGING FOR 200 562 762
OR DESTROYING OF PRIVATE PROPERTY AGAINST 60 150 210
.!
CALHOUN GENERAL ELE~TIONS NOVEMBER 3, 2009
- --~--" _.~~-
peT. 1 1 2 2 3 3
EARLY ED EARLY ED EARLY ED
PROPOSITION 1
FINANCING THROUGH TAX FOR 2 3 10 7 0 3
INCREMENT AGAINST 4 3 4 15 0 1
--
PROPOSITION 2
AUTHORIZING TAXA TION OF A FOR 2 3 12 14 0 4
RESIDENCE HOMESTEAD AGAINST 4 3 6 11 0 0
PROPOSITION 3
UNIFORM STANDARDS FOR FOR 4 3 8 10 0 3
APPRAISAL OF PROPERTY AGAINST 2 3 10 15 0 1
PROPOSITION 4
ESTABLISH NA T10NAL RESEARCH FOR 1 4 8 13 0 4
UNIVERSITY FUND AGAINST 5 2 6 10 0 0
PROPOSITION 5
AUTHORIZE A SINGLE BOARD FOR 1 2 9 12 0 3
OF EQUALlZA TlON AGAINST 5 4 6 11 0 1
PROPOSITION 6
AUTHORIZE VETERANS' LAND FOR 4 4 8 17 0 3
BOARD TO ISSUE BONDS AGAINST 2 2 6 6 0 1
--,-
PROPOSITION 7
ALLOW TX STA TE GUARD OR FOR 2 4 11 17 0 4
OTHER TO HOLD OTHER CIVIL OFFICES AGAINST 4 2 4 7 0 0
-
PROPOSITION 8
-
AUTHORIZE STATE TO CONTRIBUTE FOR 5 4 14 22 0 4
MONEY, PROPERTY, & OTHER RESOURCES AGAINST 1 2 2 3 0 0
PROPOSITION 9
PROTECT RIGHT TO ACCESS FOR 5 5 13 21 0 4
& USE THE PUBLIC BEACHES AGAINST 1 1 2 3 0 - --_.9.
.----
PROPOSITION 10
--
PROVIDE GOVERNING MEMBERS FOR -~ ,-. 5 14 15 0 4
SERVING TERMS NOT TO EXCEED 4 YRS AGAINST 1 1 2 7 0 _--.-9.
,--=-
PROPOSITION 11
PROHIBIT THE TAKING, DAMAGING FOR 4 5 13 16 0 3
OR DESTROYING OF PRIVATE PROPERTY AGAINST 2 1 3 6 0 1
GENERAL ELECTIONS NOVEMBER 3, 2009
peT. 4 4 5 5 6 6
EARLY ED EARLY ED EARLY ED
PROPOSITION 1
FINANCING THROUGH TAX FOR 17 9 1 1 7 13
INCREMENT AGAINST 5 10 2 5 7 19
PROPOSITION 2
AUTHORIZING TAXA TlON OF A FOR 17 10 1 5 10 21
RESIDENCE HOMESTEAD AGAINST 5 8 2 2 4 11
----
PROPOSITION 3
18 9 -
UNIFORM STANDARDS FOR FOR 1 1 8 16
APPRAISAL OF PROPERTY AGAINST 6 10 2 4 6 16
PROPOSITION 4
ESTABLISH NA TlONAL RESEARCH FOR 12 8 1 1 5 15
UNIVERSITY FUND AGAINST 10 11 2 4 9 13
PROPOSITION 5
AUTHORIZE A SINGLE BOARD FOR 20 10 1 2 11 20
OF EQUALlZA TION AGAINST 3 8 2 3 2 9
PROPOSITION 6
AUTHORIZE VETERANS' LAND FOR 18 9 1 3 9 26
BOARD TO ISSUE BONDS AGAINST 4 10 2 2 5 3
PROPOSITION 7
ALLOW TX STA TE GUARD OR FOR 19 11 2 2 9 22
OTHER TO HOLD OTHER CIVIL OFFICES AGAINST 4 7 1 2 6 9
I
PROPOSITION 8
AUTHORIZE STA TE TO CONTRIBUTE FOR 21 11 2 5 12 25
MONEY, PROPERTY, & OTHER RESOURCES AGAINST 2 8 1 0 3 6
I
PROPOSITION 9
PROTECT RIGHT TO ACCESS FOR 18 13 2 3 11 24
& USE THE PUBLIC BEACHES AGAINST 5 6 1 2 3 5
I
PROPOSITION 10
PROVIDE GOVERNING MEMBERS FOR 16 9 3 0 8 23
SERVING TERMS NOT TO EXCEED 4 YRS AGAINST 7 10 0 5 6 7
I
PROPOSITION 11
PROHIBIT THE TAKING, DAMAGING FOR 18 15 2 7 12 25
OR DESTROYING OF PRIVATE PROPERTY AGAINST 5 4 1 0 2 5
GENERAL ELECTIONS NOVEMBER 3, 2009
peT. 7 7 8 8 9 9
EARLY ED EARLY ED EARLY ED
-- '-- -- -
PROPOSITION 1
FINANCING THROUGH TAX 6 14 1 8 -
FOR 0 _9.
INCREMENT AGAINST 5 14 7 7 0 1
-,
-- --
PROPOSITION 2
AUTHORIZING TAXA TION OF A FOR 5 20 4 8 0 0
RESIDENCE HOMESTEAD AGAINST 6 8 4 7 0 1
PROPOSITION 3
UNIFORM STANDARDS FOR FOR 7 19 4 5 0 0
APPRAISAL OF PROPERTY AGAINST 3 8 4 9 0 1
I---- -
PROPOSITION 4
ESTABLISH NA T10NAL RESEARCH FOR 7 16 1 8 0 0
UNIVERSITY FUND AGAINST 4 10 7 7 0 1
-
-.- ----- -----
PROPOSITION 5
4 16 3 ----
AUTHORIZE A SINGLE BOARD FOR 10 0 __--9.
"--- --.-
OF EQUALlZA TlON AGAINST 7 11 5 5 0 1
PROPOSITION 6
AUTHORIZE VETERANS' LAND FOR 9 16 5 9 0 0
BOARD TO ISSUE BONDS AGAINST 2 11 3 6 0 1
--
PROPOSITION 7
ALLOW TX STA TE GUARD OR FOR 8 21 3 14 0 0
OTHER TO HOLD OTHER CIVIL OFFICES AGAINST 3 7 5 1 0 1
PROPOSITION 8
AUTHORIZE STATE TO CONTRIBUTE FOR 10 21 6 12 0 0
MONEY, PROPERTY, & OTHER RESOURCES AGAINST 1 7 2 3 0 1
PROPOSITION 9
PROTECT RIGHT TO ACCESS FOR 10 21 8 15 0 0
& USE THE PUBLIC BEACHES AGAINST 0 5 0 0 0 1
L t= ----
PROPOSITION 10
PROVIDE GOVERNING MEMBERS FOR 10 21 5 10 0 0
SERVING TERMS NOT TO EXCEED 4 YRS AGAINST 1 7 3 5 0 1
PROPOSITION 11
PROHIBIT THE TAKING, DAMAGING FOR 9 23 6 12 0 0
OR DESTROYING OF PRIVATE PROPERTY AGAINST 2 5 2 2 0 1
GENERAL ELECTIONS NOVEMBER 3, 2009
-- --~-
peT. 10 10 11 11 12 12
--
EARLY ED EARLY ED EARLY ED
-- -
--
PROPOSITION 1
0 12 6 11 --- ---
FINANCING THROUGH TAX FOR 22 42
INCREMENT AGAINST 4 6 7 5 12 47
-
PROPOSITION 2
AUTHORIZING TAXA TION OF A FOR 5 15 6 15 26 75
RESIDENCE HOMESTEAD AGAINST 0 4 7 1 10 18
I --.
PROPOSITION 3
UNIFORM STANDARDS FOR FOR 2 14 7 10 18 45
APPRAISAL OF PROPERTY AGAINST 3 5 5 6 18 47
PROPOSITION 4
ESTABLISH NATIONAL RESEARCH FOR 0 12 4 9 12 33
UNIVERSITY FUND AGAINST 4 6 8 7 21 56
PROPOSITION 5
-
AUTHORIZE A SINGLE BOARD FOR 3 9 6 9 11 40
OF EQUALlZA TION AGAINST 1 8 6 7 23 47
-
----
PROPOSITION 6
15 -
AUTHORIZE VETERANS'LAND FOR 3 8 11 23 48
BOARD TO ISSUE BONDS AGAINST 1 5 5 5 11 36
-
--
PROPOSITION 7
ALLOW TX STA TE GUARD OR FOR 3 17 7 12 24 63
OTHER TO HOLD OTHER CIVIL OFFICES AGAINST 0 2 6 4 11 29
PROPOSITION 8
AUTHORIZE STA TE TO CONTRIBUTE FOR 2 16 7 14 29 57
MONEY, PROPERTY, & OTHER RESOURCES AGAINST 2 4 4 2 7 33
-
-
PROPOSITION 9
PROTECT RIGHT TO ACCESS FOR 5 15 11 14 26 60
& USE THE PUBLIC BEACHES AGAINST 0 3 2 2 8 29
--
PROPOSITION 10
4 13 --
PROVIDE GOVERNING MEMBERS FOR 7 9 25 58
SERVING TERMS NOT TO EXCEED 4 YRS AGAINST 0 5 5 7 9 30
I
PROPOSITION 11
PROHIBIT THE TAKING, DAMAGING FOR 5 13 8 11 26 72
OR DESTROYING OF PRIVA TE PROPERTY AGAINST 0 4 4 5 8 20
GENERAL ELECTIONS NOVEMBER 3, 2009
-
peT. 13 13 14 14 15 15
EARLY ED EARLY ED EARLY ED
--
-- ----
PROPOSITION 1
0 0 -- ----
FINANCING THROUGH TAX FOR 1 6 _-.J.. 5
---
INCREMENT AGAINST 0 1 2 8 3 13
-
- - _.~--
~.- ,-
PROPOSITION 2
0 1------ ----
AUTHORIZING TAXA TlON OF A FOR 1 2 12 3 11
RESIDENCE HOMESTEAD AGAINST 0 0 1 2 1 7
--
PROPOSITION 3
UNIFORM STANDARDS FOR FOR 0 1 3 8 3 8
APPRAISAL OF PROPERTY AGAINST 0 0 0 6 1 -1Q
-- +-~--
PROPOSITION 4
0 ---
ESTABLISH NATIONAL RESEARCH FOR 1 1 6 1 5
UNIVERSITY FUND AGAINST 0 0 2 8 --~ "----~
PROPOSITION 5
0 0 e---.- -
AUTHORIZE A SINGLE BOARD FOR 2 9 3 10
OF EQUALlZA TlON AGAINST 0 1 1 5 1 8
PROPOSITION 6
AUTHORIZE VETERANS'LAND FOR 0 0 1 9 3 10
BOARD TO ISSUE BONDS AGAINST 0 1 2 5 1 8
PROPOSITION 7
ALLOW TX STA TE GUARD OR FOR 0 0 2 10 2 14
OTHER TO HOLD OTHER CIVIL OFFICES AGAINST 0 1 1 4 2 4
1---- __
PROPOSITION 8
0 1 3 --- -- 1--------- _
AUTHORIZE STA TE TO CONTRIBUTE FOR 6 2 8
-~.-
MONEY, PROPERTY, & OTHER RESOURCES AGAINST 0 0 0 8 2 10
-
PROPOSITION 9
PROTECT RIGHT TO ACCESS FOR 0 1 3 9 3 10
& USE THE PUBLIC BEACHES AGAINST 0 0 0 5 1 8
PROPOSITION 10
PROVIDE GOVERNING MEMBERS FOR 0 1 3 7 3 6
- --
SERVING TERMS NOT TO EXCEED 4 YRS AGAINST 0 0 0 6 1 11
PROPOSITION 11 -
0 1 -.- - -
PROHIBIT THE TAKING, DAMAGING FOR 2 10 3 13
OR DESTROYING OF PRIVA TE PROPERTY AGAINST 0 0 1 4 1 5
GENERAL ELECTIONS NOVEMBER 3, 2009
1---- --
peT. 16 16 17 17 18 18
EARLY ED EARLY ED EARLY ED
PROPOSITION 1 ._-. -"-----
FINANCING THROUGH TAX FOR 11 25 15 20 2 18
INCREMENT AGAINST 15 28 9 30 3 11
- .---
--
PROPOSITION 2
AUTHORIZING TAXA TION OF A FOR 14 39 19 29 3 19
RESIDENCE HOMESTEAD AGAINST 12 17 5 21 4 10
I --
PROPOSITION 3
UNIFORM STANDARDS FOR FOR 15 35 13 27 4 19
APPRAISAL OF PROPERTY AGAINST 11 20 11 23 3 10
---
-- -- f-------
PROPOSITION 4
I---- --
ESTABLISH NA TlONAL RESEARCH FOR 14 19 10 12 .~ 13
12 ---.-
UNIVERSITY FUND AGAINST 35 14 37 3 16
- t--- --
PROPOSITION 5
AUTHORIZE A SINGLE BOARD FOR 16 29 10 23 3 11
OF EQUALlZA TlON AGAINST 10 26 13 26 -~ ~_J..!_
I -
PROPOSITION 6
AUTHORIZE VETERANS' LAND FOR 15 27 19 35 2 19
BOARD TO ISSUE BONDS AGAINST 12 27 5 16 4 10
I
PROPOSITION 7
ALLOW TX STATE GUARD OR FOR 17 31 15 32 3 21
OTHER TO HOLD OTHER CIVIL OFFICES AGAINST 9 24 9 19 4 8
I - ..- ~--
.. --- -- - ---- n
PROPOSITION 8
-,-,
AUTHORIZE STA TE TO CONTRIBUTE FOR 19 35 21 36 4 23
MONEY, PROPERTY, & OTHER RESOURCES AGAINST 8 18 3 14 3 6
I --
PROPOSITION 9
PROTECT RIGHT TO ACCESS FOR 22 28 18 34 5 -~
& USE THE PUBLIC BEACHES AGAINST 5 28 5 13 -2 __ ..1_
I e---
PROPOSITION 10
---- -
PROVIDE GOVERNING MEMBERS FOR 17 34 11 30 4 23
-
SERVING TERMS NOT TO EXCEED 4 YRS AGAINST 9 23 11 17 3 6
I
PROPOSITION 11
PROHIBIT THE TAKING, DAMAGING FOR 24 34 17 41 2 22
OR DESTROYING OF PRIVATE PROPERTY AGAINST 3 21 5 8 3 7
GENERAL ELECTIONS NOVEMBER 3, 2009
peT. 19 19 20 20 21 21
EARLY ED EARLY ED EARLY ED
PROPOSITION 1
FINANCING THROUGH TAX FOR 13 29 0 0 5 7
INCREMENT AGAINST 7 28 1 2 5 5
PROPOSITION 2
AUTHORIZING TAXA TION OF A FOR 11 34 0 2 6 5
RESIDENCE HOMESTEAD AGAINST 9 23 1 0 4 7
PROPOSITION 3
UNIFORM STANDARDS FOR FOR 12 33 0 1 4 6
APPRAISAL OF PROPERTY AGAINST 8 25 1 1 6 6
PROPOSITION 4
ESTABLISH NA TIONAL RESEARCH FOR 4 27 0 1 4 6
UNIVERSITY FUND AGAINST 15 28 1 1 6 6
PROPOSITION 5
AUTHORIZE A SINGLE BOARD FOR 7 27 1 1 5 6
OF EQUALlZA TION AGAINST 13 29 0 1 5 6
PROPOSITION 6
AUTHORIZE VETERANS' LAND FOR 12 37 1 1 5 8
BOARD TO ISSUE BONDS AGAINST 8 20 0 1 5 4
PROPOSITION 7
ALLOW TX STA TE GUARD OR FOR 13 40 0 1 6 7
OTHER TO HOLD OTHER CIVIL OFFICES AGAINST 7 17 0 1 4 5
I
PROPOSITION 8
AUTHORIZE STA TE TO CONTRIBUTE FOR 15 48 0 2 7 8
MONEY, PROPERTY, & OTHER RESOURCES AGAINST 5 10 1 0 3 4
I
PROPOSITION 9
PROTECT RIGHT TO ACCESS FOR 15 40 1 1 9 12
& USE THE PUBLIC BEACHES AGAINST 4 17 0 0 1 0
I
PROPOSITION 10
PROVIDE GOVERNING MEMBERS FOR 13 43 0 0 7 8
SERVING TERMS NOT TO EXCEED 4 YRS AGAINST 6 16 1 1 3 4
I
PROPOSITION 11 I
PROHIBIT THE TAKING, DAMAGING FOR 12 48 0 1 8 11
OR DESTROYING OF PRIVATE PROPERTY AGAINST 7 9 1 1 2 1
~
I,
GENERAL ELECTIONS NOVEMBER 3, 2009
peT. 22 22 23 23 24 24
EARLY ED EARLY ED EARLY ED
PROPOSITION 1
FINANCING THROUGH TAX FOR 5 16 4 2 4 38
INCREMENT AGAINST 3 16 4 12 5 36
PROPOSITION 2
AUTHORIZING TAXATIONOFA FOR 4 24 7 12 1 52
RESIDENCE HOMESTEAD AGAINST 3 8 1 2 8 26
PROPOSITION 3
UNIFORM STANDARDS FOR FOR 5 22 4 8 3 44
APPRAISAL OF PROPERTY AGAINST 2 9 3 6 -~ 33
PROPOSITION 4
ESTABLISH NATIONAL RESEARCH FOR 5 11 4 5 3 27
UNIVERSITY FUND AGAINST 3 20 4 9 6 44
-
PROPOSITION 5
AUTHORIZE A SINGLE BOARD FOR 3 12 2 7 3 33
OF EQUALlZA TION AGAINST 3 20 6 7 6 40
PROPOSITION 6
AUTHORIZE VETERANS' LAND FOR 5 17 3 10 4 48
BOARD TO ISSUE BONDS AGAINST 2 14 5 4 5 26
PROPOSITION 7
ALLOW TX STA TE GUARD OR FOR 3 21 6 12 5 53
OTHER TO HOLD OTHER CIVIL OFFICES AGAINST 5 11 2 2 4 23
-- ~----
PROPOSITION 8
AUTHORIZE STA TE TO CONTRIBUTE FOR 6 21 7 11 6 61
MONEY, PROPERTY, & OTHER RESOURCES AGAINST 1 11 1 3 3 17
I
PROPOSITION 9
PROTECT RIGHT TO ACCESS FOR 6 23 7 10 7 62
& USE THE PUBLIC BEACHES AGAINST 2 9 1 4 2 12
I
PROPOSITION 10
PROVIDE GOVERNING MEMBERS FOR 6 27 5 7 6 48
".--- --
SERVING TERMS NOT TO EXCEED 4 YRS AGAINST 1 5 3 7 3 25
I
PROPOSITION 11
PROHIBIT THE TAKING, DAMAGING FOR 7 26 5 13 6 61
OR DESTROYING OF PRIVATE PROPERTY AGAINST 1 5 2 1 3 17
~
GENERAL ELECTIONS NOVEMBER 3, 2009
peT. 25 25 EARLY ED GRAND
EARLY ED TOTALS TOTALS TOTALS
-- I-- -___
PROPOSITION 1
FINANCING THROUGH TAX FOR 8 47 141 336 411
INCREMENT AGAINST 4 47 118 370 4~
PROPOSITION 2
AUTHORIZING TAXA TION OF A FOR 9 86 167 516 683
RESIDENCE HOMESTEAD AGAINST 3 14 100 211 311
PROPOSITION 3
UNIFORM STANDARDS FOR FOR 10 82 153 429 582
APPRAISAL OF PROPERTY AGAINST 3 16 114 290 404
-
PROPOSITION 4
ESTABLISH NA TlONAL RESEARCH FOR 7 45 107 301 408
UNIVERSITY FUND AGAINST 6 50 151 394 545
- I
PROPOSITION 5
AUTHORIZE A SINGLE BOARD FOR 10 60 134 361 495
OF EQUALlZA TlON AGAINST 3 36 124 334 458
I --
PROPOSITION 6
AUTHORIZE VETERANS' LAND FOR 7 72 165 454 619
BOARD TO ISSUE BONDS AGAINST 5 23 95 247 342
I 1- ----
PROPOSITION 7
ALLOW TX STA TE GUARD OR FOR 9 73 169 502 671
OTHER TO HOLD OTHER CIVIL OFFICES AGAINST 3 24 94 214 308
I
PROPOSITION 8
AUTHORIZE STATE TO CONTRIBUTE FOR 10 78 208 529 737
MONEY, PROPERTY, & OTHER RESOURCES AGAINST 3 20 58 190 248
I
PROPOSITION 9
PROTECT RIGHT TO ACCESS FOR 11 81 216 532 748
& USE THE PUBLIC BEACHES AGAINST 2 14 47 170 217
I --~- -
PROPOSITION 10
PROVIDE GOVERNING MEMBERS FOR 8 73 180 474 654
SERVING TERMS NOT TO EXCEED 4 YRS AGAINST 5 22 80 228 -~
I
PROPOSITION 11
PROHIBIT THE TAKING, DAMAGING FOR 11 79 200 562 762
OR DESTROYING OF PRIVATE PROPERTY AGAINST 2 17 60 150 210
REQUEST BY EMS FOR PERMISSION TO APPLY FOR TSC CREDIT CARD:
A Motion was made by Commissioner Finster and seconded by Commissioner Fritsch to approve
the request made by EMS for permission to apply for a TSC Credit Card. Commissioners Lyssy,
Fritsch, Finster and Judge Pfeifer all voted in favor.
DSHS PROGRAM: EMS - LOCAL PROJECTS GRANT FOR $15,000 AND AUTHORIZE
COUNTY JUDGE TO SIGN CONTRACT. APPROVE A LOAN IN THE AMOUNT OF $15,750
TO PURCHASE PAGERS, INCLUDING $750 IN PAGER EXPENDITURES NOT COVERED
BY THE GRANT. AUTHORIZE HENRY BARBER TO MOVE FORWARD WITH THE
PURCHASE OF 30 PAGERS FOR THE COUNTY VOLUNTEERS AND AUTHORIZE HIM TO
DISBURSE PAGERS TO VOLUNTEERS AS HE DEEMS NECESSARY:
A Motion was made by Commissioner Finster and seconded by Commissioner Fritsch to approve
the DSHS program- EMS -Local Projects Grant for $15,000 and authorize Judge Pfeifer to sign
the contract. Also approve a loan in the amount of $15,750 to purchase pagers, including $750
in pager expenditures not covered by the Grant. Authorize Henry Barber to move forward with
the purchase of 30 pagers for the County volunteers and authorize him to disburse pagers to
volunteers as he deems necessary. Commissioners Lyssy, Fritsch, Finster and Judge Pfeifer all
voted in favor.
-,
~
:1
CONTRACT NO. 2010-033880
PROGRAM A TT ACHMENT NO.OO I
PURCHASE ORDER NO. 0000356391
CONTRACTOR: CALHOUN COUNTY
DSHS PROGRAM: EMS - LOCAL PROJECTS
TERM: 10/15/2009
THRU: 08/31/2010
SECTION I. STATEMENT OF WORK:
Contractor shall conduct Emergency Medical Services (EMS) program activities to develop,
upgrade, or expand emergency medical services systems.
All activities shall be performed in accordance with Department of State Health Services (DSHS' s)
Request for Proposal (RFP), EMS/LPG-0328.1 issued on March 23, 2009, and Contractor's
application plan as agreed to and approved by DSHS, These documents are hereby adopted and
incorporated by reference herein as part of this Program Attachment.
SECTION II. PERFORMANCE MEASURES:
Contractor's performance will be measured in part on the achievement of the following activities and
performance measures.
Contractor shall perform the following activities and provide documentation to DSHS in the manner
and timeframes specified by Program.
I. Conduct Emergency Medical Services (EMS) program activities to develop, upgrade, or
expand emergency medical services by completing the projects and/or acquiring items as
stated in the contractor's application plan as agreed to and approved by DSHS in Exhibit A
SECTION III. SOLICIT A TION DOCUMENT:
Competitive RFP#EMS/LPG-0328.1 for EMS Local Project Grant FY 10 issued on March 23,2009
SECTION IV. RENEWALS: N/A
SECTION V, PAYMENT METHOD: Cost Reimbursement
SECTION VI. BILLING INSTRUCTIONS:
Contractor may claim reimbursement for approved equipment item(s) by attaching invoice(s)
for the item(s) ordered along with the purchase voucher (Form B-13), at any time within the
Program Attachment term. All items claimed for reimbursement shall be procured within the
PROGRAM A TT ACHMENT - Page I
'.
Program Attachment term. The Contractor shall submit paid invoices for reimbursement no
later than 30 days after the Program Attachment term, Contractor shall also forward proof of
payment (e.g., copy of canceled check or a paid invoice with a zero balance) and a copy of
the shipping invoice showing the delivery date of any item(s) that were claimed for
reimbursement by this method.
Invoices and all supporting documentation shall be submitted to the address below.
Depa11ment of State Health Services
Office of EMS and Trauma Systems Coordination
Attn: Contract Manager
P.O, Box 149347 MC: 1876
Austin, Texas 78714-9347
SECTION VII. SPECIAL PROVISIONS:
For the purposes of this Program Attachment, and as specified in the RFP, Disposable Supplies,
Personnel, Fringe Benefits, Land Purchases, Buildings, Day-to-day Operating Expenses (e.g., Fuel,
Insurance, Loan Payments, Rent, etc.) and Indirect Costs are not allowable costs.
If the total costs of the project are greater than the DSHS amount of funding as contained within
SECTION VIII. BUDGET, Contractor shall obtain funds for the remaining costs in order to
accomplish project activities agreed upon herein.
DSHS may withhold or deny payment in accordance with the General Provisions if project
requirements are not accomplished or sufficiently documented.
General Provisions, Compliance and Reporting Article, Reporting Sections are not applicable to
this Program Attachment.
General Provisions, Services Article, Education to Persons in Residential Facilities, Consent to
Medical Care, and Telemedicine Medical Services through Cost Effective Purchasing of
Medications Sections are not applicable to this Program Attachment.
General Provisions, Funding Article, Use for Match Prohibited Section are not applicable to this
Program Attachment.
General Provisions, Payment Methods and Restrictions Article, Financial Status Reports (FSRs)
Section is not applicable to this Program Attachment.
General Provisions, Confidentiality Article, Exchange of Client-Identifying Information,
Security of Patient or Client Records, and HIV/AIDS Model Workplace Guidelines Sections are
not applicable to this Program Attachment.
PROGRAM A TT ACHMENT - Page 2
~
General Provisions, Notice Requirements Article, Child Abuse Reporting Requirement Section
is not applicable to this Program Attachment.
General Provisions, General Business Operations of Contractor Article, Insurance and Bonding,
Cost Allocation Plan through Historically Underutilized Businesses (HUBs), Contracts with
Subrecipient Subcontractors through Incorporation of Terms, and Equipment and Controlled
Assets Purchases through Assets as Collateral Prohibited Sections are not applicable to this
Program Attachment.
SECTION VIII. BUDGET
SOURCE OF FUNDS: State
Total reimbursements will not exceed $15,000,00.
The items and/or projects being funded are specified in Exhibit A, which is attached hereto and made
a part hereof.
PROGRAM ATTACHMENT - Page 3
Exhibit A
Texas Department of State Health Services
2010 EMS Local Projects Grant Awards
Name of Organization: Calhoun County EMS
Total Award: $15,000
Approved Project(s)- (Quantity, Item, Award Amount per Item):
(30) Radio Pagers $500
Utilizing your 2010 Local Projects Grant Award
· The attached contract details your obligations for this grant.
· Any cost incurred prior to the start date listed in the contract will NOT be reimbursed.
· In all cases where matching funds are required, reimbursement from DSHS will not exceed the
award amount or half of the cost of the item, which ever is less.
· Requesting reimbursement:
All awardees must submit invoice(s) which list the item(s) and price(s), dated within the
contract period.
All awardees must submit copies of paid receipts or cancelled checks.
Awardees of education/training funds must also submit copies of course completion
certificates of students.
All awardees: Please fax reimbursement documents to 512/834-6611 OR mail to:
Texas Department of State Health Services
Office of EMS and Trauma Systems Coordination
MC 1876, Attn: Contract Manager
P.O. Box 149347
Austin, TX 78714-9347
· DSHS retains the right to refuse reimbursement for requests deemed inappropriate.
DEPARTMENT OF STATE HEALTH SERVICES
This contract, number 2010-033880 (Contract), is entered into by and between the Department
of State Health Services (DSHS or the Department), an agency of the State of Texas, and
CALHOUN COUNTY (Contractor), a Government Entity, (collectively, the Parties),
I. Purpose of the Contract. DSHS agrees to purchase, and Contractor agrees to provide,
services or goods to the eligible populations as described in the Program Attachments,
2, Total Amount of the Contract and Payment Method(s). The total amount of this Contract
is $15,000.00, and the payment methodes) shall be as specified in the Program Attachments.
3. Funding Obligation. This Contract is contingent upon the continued availability of funding.
If funds become unavailable through lack of appropriations, budget cuts, transfer of funds
between programs or health and human services agencies, amendment to the Appropriations Act,
health and human services (lgency consolidation, or any other disruptions of current appropriated
funding for this Contract, DSHS may restrict, reduce, or terminate funding under this Contract.
4. Term of the Contract. This Contract begins on 10/15/2009 and ends on 08/31/2010, DSHS
has the option, in its sole discretion, to renew the Contract as provided in each Program
Attachment. DSHS is not responsible for payment under this Contract before both parties have
signed the Contract or before the start date of the Contract, whichever is later.
5. Authoritv, DSHS enters into this Contract under the authority of Health and Safety Code,
Chapter 1001.
6. Documents Forming Contract. The Contract consists of the following:
a, Core Contract (this document)
b. Program Attachments:
20] 0-033880-00 1 EMS - LOCAL PROJECTS
c. General Provisions (Sub-recipient)
d. Solicitation Document(s), RFP # EMS/LPG - 0328.]
e. Contractor's response(s) to the Solicitation Document(s).
f. Exhibits attached.
Any changes made to the Contract, whether by edit or attachment, do not form part of the
Contract unless expressly agreed to in writing by DSHS and Contractor and incorporated herein.
92648.1
7. Conflicting Terms. In the event of conflicting terms among the documents forming this
Contract, the order of control is first the Core Contract, then the Program Attachment(s), then the
General Provisions, then the Solicitation Document, if any. and then Contractor's response to the
Solicitation Document, if any,
8. Payee. The Parties agree that the following payee is entitled to receive payment for services
rendered by Contractor or goods received under this Contract:
Name: CALHOUN COUNTY
Address: CALHOUN COUNTY EMS 216 E MAHAN ST
PORT LA V ACA, TX 77979-3415
Vendor Identification Number: 17460019239001
9. Entire Agreement. The Parties acknowledge that this Contract is the entire agreement of
the Palties and that there are no agreements or understandings, written or oral, between them
with respect to the subject matter of this Contract, other than as set forth in this Contract.
By signing below, the parties acknowledge that they have read the Contract and agree to its
terms, and that the persons whose signatures appear below have the requisite authority to execute
this Contract on behalf of the named party.
DEPARTMENT OF STATE HEALTH SERVICES
CALHOUN COUNTY
By:
Signature of Authorized Official
BY:-fN~f() Pf~
Signature I
November 12, 2009
Date
Date
Bob Burnette, C.P.M., CTPM
Calhoun County Judge Michael Pfeifer
Printed Name and Title
Director, Client Services Contracting Unit
211 S. Ann St.
Address
1100 WEST 49TH STREET
AUSTIN, TEXAS 78756
Port Lavaca TX 77979
City, State, Zip
(512) 458-7470
161-'5'51-4600
Telephone Number
Bob.B urnette@dshs.state.tx.us
mike.pfeifer@calhouncotx.org
E-mail Address for Official COlTespondence
92648-1
~
2010-033880-001
Categorical Budget:
FRINGE BENEFITS
',;;,C'$"'OX,.:O" :::0';;;;
'~'-:'::"'~~:~,-.', ~;-.-;" :\}:".: :"-{~
.: :-'>-: ''<..~: .~.. ;",- '~-~,<;:~;:..'"
$0.00
EQUIPMENT
$0.00
CONTRACTUAL
$0.00
TOTAL DIRECT CHARGES
$15,000.00
TOTAL
$15,000.00
CONTRACTOR SHARE
$0.00
Total reimbursements will not exceed $15,000.00
ARTICLE I
Section 1.01
Section 1.02
Section 1.03
Section 1.04
Section 1.05
Section 1.06
Section 1.07
Section 1.08
Section 1.09
Section 1.10
ARTICLE II
Section 2.01
Section 2.02
Section 2.03
Section 2.04
Section 2.05
Section 2.06
Section 2.07
Fiscal Year 2010 Department of State Health Services Contract
General Provisions
(Core/Subrecipient)
Table of Contents
COMPLIANCE AND REPORTING ..................................................................... 1
Compliance with Statutes and Rules.. ................................................................ 1
Compliance with Requirements of Solicitation Document .............................. 1
Repo rti ng. ............................................................................................................. 1
CIi en t Fi nancial EI i gi bili ty .. ................. ..................................... ............. ............. 1
Applicable Contracts Law and Venue for Disputes.......................................... 1
Applicable Laws and Regulations Regarding Funding Sources...................... 1
Statutes and Standards of General Applicability.............................................. 2
Applicability of General Provisions to Interagency and Interlocal Contracts
................................................................................................................................4
Civil Rights Policies and Complaints ................................................................. 5
Licenses, Certifications, Permits, Registrations and Approvals...................... 5
S ER VI CES........ ....... ...................................... ......... ...................... .............. ..... ......... 6
Education to Persons in Residential Facilities................................................... 6
Disaster Services........... ............ ............... ................... ................ .......................... 6
Consent to Medical Care of a Minor .................................................................. 6
T elemedi cine M ed ical Services .... ............. ......................... ........... .......... ............ 6
Fees for Personal Health Services....................................................................... 7
Cost Effective Purchasing of Medications ......................................................... 7
Services and Information for Persons with Limited English Proficiency....... 7
ARTICLE III FUND IN G .... ........... .............. .............. ......... .......... ...................... ............. ................ 7
Section 3.01
Section 3.02
Section 3.03
Section 3.04
Section 3.05
Section 3.06
ARTICLE IV
Section 4.01
Section 4.02
Section 4.03
Section 4.04
Section 4.05
Section 4.06
ARTICLE V
Section 5.01
Section 5.02
Section 5.03
Section 5.04
Debt to State and Corporate Status.................................................................... 7
Application of Payment Due ............................................................................... 8
Use of Funds. ......... ................... ............................................ ........ ................ ........ 8
Use for Match Prohibited.. .................................................................................. 8
Program Income ................................................................................................... 8
No nsu p plan tin g ........... ...... ......................................................... .......................... 8
PAYMENT METHODS AND RESTRICTIONS ................................................. 8
Pay men t Meth ods......... ....... ........... ..................... ............................................ ..... 8
B iIlin g S u bmissi on ...................... .................................... ...... ...... .......................... 9
Final Bill i ng Sub mission. ....... .............................................. ...... .......................... 9
Working Capital Ad vance ....~~...................................... ....................................... 9
Financial Status Reports (FSRs) ......................................................................... 9
Th i rd Pa rty Pay 0 rs .... ................ .......................................................................... 9
TERMS AND CONDITIONS OF PA YMENT ................................................... 10
Pro m p t Pa ym en t............. ........,........................................................................... 10
Wi thholding Pay men ts ............................ .......................................... ................ 10
Condition Precedent to Requesting Payment.................................................. 10
Acceptance as Payment in Full......................................................................... 10
General Provisions (Core Subrecipient) 20 I 0 with TOC 61709
ARTICLE VI
Section 6.01
Section 6.02
Section 6.03
ARTICLE VII
Section 7.01
Section 7.02
Section 7.03
Section 7.04
Section 7.05
ARTICLE VIII
Section 8.01
ALLOWABLE COSTS AND AUDIT REQUIREMENTS ................................ 10
Allowable Costs .... ...... ..................................................... ............. ...................... 10
Independent Single or Program-Specific Audit .............................................. 12
Su bmission of Audi t .......................................................................................,... 12
CO NFID ENTIA LITY ............................................. ...................... .................... 13
Main tenance of Confidentiality ........................................................................ 13
Department Access to PHI and Other Confidential Information ................. 13
Exchange of Client-Identifying Information ................................................... 13
Security of Patient or Client Records............................................................... 13
HIV / AIDS Model Workplace Guidelines ........................................................ 14
RECO RDS RETENTION ................................................................................. 14
Reten ti on . .............. ........... ............ .............. ......................... ................ ................ 14
ARTICLE IX ACCESS AND INSPECTION .............................................................................. 14
Section 9.01
Section 9.02
Section 9.03
ARTICLE X
Section 10.01
Section 10.02
Section 10.03
Section 10.04
Section 10.05
Section 10.06
Section 10.07
Section 10.08
Section 10.09
Access .................................................................................................................. 14
S ta te A udi tor's Office ........................................................................................ 15
Responding to Defi cienci es ..................................... ......... ........... .............. ......... 15
N OTI CE REQUIREMENTS ................................................................................ 15
Child Abus~ Reporting Requirement............................................................... 15
S ignifi cant Inci den ts .............. ........ ............................ ..... ............. ......... ............. 15
Li tiga tion ........................... .......... ........... .................. ......... ...... ..... ....................... 16
Action Against the Contractor .......................................................................... 16
Insol ven cy . ..................... ............. ..... ......................... ........................ ..... ............. 16
Misuse of Funds and Performance Malfeasance ............................................. 16
Criminal Activity and Disciplinary Action ...................................................... 16
Retalia ti on Prohi bi ted...... .......................................... ............ .... ............. ........... 17
Docu men ta tion ...... .................. ................... ..... ........ ......... .................. ................ 17
ARTICLE XI ASSURANCES AND CERTIFICATIONS ......................................................... 17
Section 11.01
Section 11.02
Section 11.03
Section 11.04
Section 11.05
Section 11.06
Section 11.07
ARTICLE XII
Certifica tion ...................................... ........ ....... ..... ............ ........... ............ ........... 17
Ch i1d Su pport Delinquencies ............................................................................ 18
Au thoriza ti on ................................................................ ....................... ...... ......... 18
Gifts and Benefi ts Prohibited ................... ......................................................... 18
Ineligibility to Receive the Contract ................................................................. 18
Anti trust........................................................................ .............. ........................ 19
Initiation and Completion of Work. ................................................................. 19
GENERAL BUSINESS OPERATIONS OF CONTRACTOR...................... 19
Section 12.01 Responsibilities and Restrictions Concerning Governing Body, Officers and
Em p I 0 y ees ................................................................... ..................................... .. .19
Section 12.02 Management and Control Systems................................................................... 19
Section 12.03 Ins urance............... ......... ............................. .... ........... ...................... ................... 20
Section 12.04 Fidelity Bond ........................... .................................................. ..................... .... 20
Secti 0 n 12.05 L ia b ili ty Co ve rage.;.... ........................................................................................ 20
General Provisions (Core Subrecipient) 2010 with TOC 61709 2
Section 12.06
Section 12.07
Section 12.08
Section 12.09
Section 12.10
Section 12.11
Section 12.12
Section 12.13
Section 12.14
Section 12.15
Section 12.16
Section 12.17
Section 12.18
Section 12.19
Section 12.20
Section 12.21
Section 12.22
Section 12.23
Section 12.24
Section 12.25
Section 12.26
Section 12.27
Section 12.28
Section 12.29
ARTICLE XIII
Section 13.01
Section 13.02
Section 13.03
Section 13.04
Section 13.05
Section 13.06
Section 13.07
Section 13.08
Section 13.09
Section 13.10
Section 13.11
Section 13.12
Section 13.13
Section 13.14
Section 13.15
Section 13.16
Section 13.17
Section 13.18
Section 13.19
Section 13.20
Section 13.21
Section 13.22
Ov erti me Co m pe nsa ti 0 n .................................................................................... 21
Progra m Site............................................................................... ................... ..... 21
Cost Allocation Plan ................................................. .................. ................... ..... 21
Reporting for Unit Rate and Fee-For-Service Contracts ............................... 21
Historically Underutilized Businesses (HUBs). Admin. Code ~ 20.16(c)...... 22
Bu y Texas............................................................................................................ 22
Contracts with Sub recipient Subcontractors .................................................. 22
S ta tus of Su bcontractors ................................................................................... 23
In co rpo ra ti 0 n of T ernlS ... ............................. ..................................................... 23
In d epen d en t Co ntracto r ... ,................................................................................ 23
Au th 0 ri ty to Bind ..... ..................................... ............................. ................... ..... 23
Tax Lia bil i ty .... .............. ..................................................... ........ ............. ...... ..... 23
Notice of Organizational Change...................................................................... 23
Quali ty Ma nagemen t .....................................................................................,... 23
Eq uipment (Including Controlled Assets) Purchases ..................................... 23
S u pp lies ....... .................. ....................................... ....................... ......... ........ ....... 24
Changes to Equipment List ............................................................................... 24
Equipment Inventory and Protection of Assets............................................... 24
Bankruptcy . ................ ........................... ....................... ...... ............... ............. .... 24
Ti tl e to Property. ....... ................ ......................................... ........................ ........ 24
Property A cq uisi tions .. ................. ..................................... ............... ................. 25
Disposition of Property.. .................................................................................... 25
Closeout of Eq ui pmen t ........... ............. ......... .................. .... ........... .................... 25
Assets as Collateral Prohibited ......................................................................... 25
GENE RAL TERMS...... ............................................. .......... ............... ............... 25
Assignment... ..... ....... ...... .......... ....... ...... ........................... ............ ........... ...... ...... 25
Lob bying ...... ....................... ...... ........ ............................................... ................... 25
Confli ct of In terest ............. .... ................... ................ .................................... ..... 26
Transactions Between Related Parties ............................................................. 26
In tell ectual Property .. ......................................................................... ............... 27
Other In tangi b I e Property... ................................................................ .............. 28
Severa bility and Ambigui ty ............................................................................... 28
Legal No ti ce ............ ........... ................................................................................. 28
Successors ...................... ............. ............. ........................................................... 28
Headings.............................................................................................................. 28
Parties........................ ............... ............ ............................. .................................. 28
S u rvi va bili ty of Terms. ..... ............ ..................................................................... 28
Direct Operati 0 n............ ............. ............... ...................................... ........ ..... ...... 28
Custo m er Se rvi ce Info rma ti 0 n........................................... .......... ....... .............. 28
A mend men t............................................................................. ............................ 29
Contractor's Notification of Change to Certain Contract Provisions.......... 29
Contractor's Request for Revision of Certain Contract Provisions.............. 29
Immuni ty Not W ai ved ........... ............................... ............................................. 30
Hold Harmless and Indemnification ................................................................ 30
W ai ve r ................................................................................................................. 30
Electronic and Information Resources Accessibility Standards.................... 30
Force Maj eu re .....................................................................................:.............. 31
General Provisions (Core Subrecipient) 2010 with TOC 61709
3
Section 13.23
ARTICLE XIV
Section 14,01
Section 14.02
Section 14.03
Section 14.04
ARTICLE XV
Section 15.01
Section 15.02
Section 15.03
Section 15.04
Section 15.05
ARTICLE XVI
Section 16.01
Section 16.02
Section 16.03
Section 16.04
Section 16.05
Section 16.06
In teri m Con tracts............................................................................................... 31
BREACH OF CONTRACT AND REMEDIES FOR NON-COMPLIANCE..
..............................................................................................................................32
Actions Constituting Breach of Contract......................................................... 32
General Remedies and Sanctions......................................................................32
Notice of Remedies or Sanctions .......................................................................34
Emergency Action.......... ......................... .................... ....................................... 34
CLAIMS AGAINST THE DEPARTMENT .................................................... 35
Breach of Contract Claim ................................................................................. 35
N oti ce ........ ............... ................. ........................................................................... 35
Sol e Remed y ........................................................ ...... .................... ............ .......... 35
Condi tion Precedent to Suit .............................................................................. 35
Performance No t S uspe nd ed ............................. ............. ................................... 35
TE RMIN A TI 0 N .... .............. .............................................................................. 35
Expiration of Contract or Program Attachment(s) ........................................ 35
Effect of T ermi na ti on........ ........... ................................................................ ...... 36
Acts Not Constituting Termination ...............................:.................................. 36
T e rmina ti 0 n With 0 u t Cause ..................................................... ................... ..... 36
T e rmina tion For Ca use .................................. .............. ............................... ...... 37
N oti ce of T ermi na tion. ...... ....................... .......... ............ ....................... ........ ..... 38
ARTICLE XVII VOID, SUSPENDED, AND TERMINATED CONTRACTS ........................ 38
Section 17.0 1 Void Contracts.................................................................................................... 38
Section 17.02 Effect of Void, Suspended, or Involuntarily Terminated Contract .............. 38
Section 17.03 Appeals Rights .................................................................................................... 38
ARTICLE XVIII CLOSEOUT AND CONTRACT RECONCILIATION ............................... 38
Section 18.01
Section 18.02
Section 18.03
Section 18.04
Section 18.05
Section 18.06
Cessation of Services A t Closeout ..................................................................... 39
Ad ministra ti ve Offset...................................... .......... ......... ..... ......... ............. ..... 39
Deadl ine for CI oseou t............................... ............................................. ............. 39
Pa ymen t of Refunds .......... .......... ............. ............. ................................ ............. 39
Disall owances and Adj ustmen ts...................... .................................................. 39
Co n tract R eco n cil i a ti on. .................................................... ........... ..................... 39
General Provisions (Core Subrecipient) 2010 with TOC 61709
4
Fiscal Year 2010 Department of State Health Services Contract
General Provisions
(Core/Subrecipient)
ARTICLE I
COMPLIANCE AND REPORTING
Section 1.01 Compliance with Statutes and Rules. Contractor shall comply, and shall
require its subcontractor(s) to comply, with the requirements of the Department's rules of general
applicability and other applicable state and federal statutes, regulations, rules, and executive
orders, as such statutes, regulations, rules, and executive orders currently exist and as they may
be lawfully amended. The Department rules are located in the Texas Administrative Code, Title
25 (Rules). To the extent this Contract imposes a higher standard, or additional requirements
beyond those required by applicable statutes, regulations, rules or executive orders, the terms of
this Contract shall control. Contractor further agrees that, upon notification from DSHS,
Contractor shall comply with the terms of any contract provisions DSHS is required to include in
its contracts under legislation effective at the time of the effective date of this Contract or during
the term of this Contract.
Section 1,02 Compliance with Requirements of Solicitation Document. Except as specified
in these General Provisions or the Program Attachment(s), Contractor shall comply with the
requirements, eligibility conditions, assurances, certifications and program requirements of the
Solicitation Document, if any, (including any revised or additional terms agreed to in writing by
Contractor and DSHS prior to execution of this Contract) for the duration of this Contract or any
subsequent renewals. The Parties agree that the Department has relied upon the Contractor's
response to the Solicitation Document. The Parties agree that any misrepresentation contained in
the Contractor's response to the Solicitation Document shall constitute a breach of this Contract.
Section 1.03 Reporting. Contractor shall submit reports in accordance with the reporting
requirements established by the Department and shall provide any other information requested
by the Department in the format required by DSHS, Failure to submit a required report or
additional requested information by the due date specified in the Program Attachment(s) or upon
request constitutes a breach of contract, may result in delayed payment and/or the imposition of
sanctions and remedies, and, if appropriate, emergency action; and may adversely affect
evaluation of Contractor's future contracting opportunities with the Depmtment.
Section 1,04 Client Financial Eligibility. Where applicable, Contractor shall use financial
eligibility criteria, financial assessment procedures and standards developed by the Department
to determine client eligibility.
Section 1.05 Applicable Contracts Law and Venue for Disputes. Regarding all issues
related to contract formation, performance, interpretation, and any issues that may arise in any
dispute between the Parties, this Contract shall be governed by, and construed in accordance
with, the laws of the State of Texas, In the event of a dispute between the Parties, venue for any
suit shall be Travis County, Texas.
Section 1.06 Applicable Laws and Regulations Regarding Funding Sources. Where
applicable, federal statutes and regulations, including federal grant requirements applicable to
funding sources, shall apply to this Contract. Contractor agrees to comply with applicable laws,
executive orders, regulations and policies as well as Office of Management and Budget (OMB)
Circulars, the Uniform Grant and Contract Management Act of 198 I (UGMA), Tex. Gov. Code
General Provisions (Core Subrecipient) 20 I 0
Chapter 783, and Uniform Grant Management Standards (UGMS), as revised by federal
circulars and incorporated in UGMS by the Governor's Budget, Planning and Policy Division.
UGMA and UGMS can be located through web links on the DSHS website at
http://www.dshs.state.tx.us/contracts/links.shtm. Contractor also shall comply with all
applicable federal and state assurances contained in UGMS, Part III, State Uniform
Administrative Requirements for Grants and Cooperative Agreements S_.14. If applicable,
Contractor shall comply with the Federal awarding agency's Common Rule, and the U.S. Health
and Human Services Grants Policy Statement, both of which may be located through weblinks
on the DSHS website at http://www.dshs.state.tx.us/contracts/links.shtm. For contracts funded
by block grants, Contractor shall comply with Tex. Gov, Code Chapter 2105.
Section 1.07 Statutes and Standards of General Applicability. It is Contractor's
responsibility to review and comply with all applicable statutes, rules, regulations, executive
orders and policies. To the extent applicable to Contractor, Contractor agrees to comply with the
following:
a) the following statutes, rules, regulations, and DSHS policy (and any of their subsequent
amendments) that collectively prohibit discrimination on the basis of race, color, national
origin, limited English proficiency, sex, sexual orientation (where applicable),
disabilities, age, substance abuse, political belief or religion: 1) Title VI of the Civil
Rights Act of 1964, 42 USC S~ 2000d et seq,; 2) Title IX of the Education Amendments
of 1972, 20 USC SS 1681-1683, and 1685-1686; 3) Section 504 of the Rehabilitation Act
of 1973, 29 USC S 794(a); 4) the Americans with Disabilities Act of 1990,42 USC S~
12101 et seq.; 5) Age Discrimination Act of 1975, 42 USC ~S 6101-6107; 6)
Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation
Act of 1970, 42 USC ~ 290dd (b)( 1); 7) 45 CFR Parts 80, 84, 86 and 91; 8) U.S.
Department of Labor, Equal Employment Opportunity E.Q. 11246; 9) Tex. Lab. Code
Chapter 21; 10) Food Stamp Act of 1977 (7 USC S 200 et seq.; II) Executive Order
13279,45 CFR Part 87 or 7 CFR Part 16 regarding equal treatment and opportunity for
religious organizations; and 12) DSHS Policy AA-5018, Non-discrimination Policy for
DSHS Programs;,
b) Drug Abuse Office and Treatment Act of 1972, 21 USC S S 110 1 et seq., relati ng to drug
abuse;
c) Public Health Service Act of 1912, S~ 523 and 527, 42 USC ~ 290dd-2, and 42 CFR Part
2, relating to confidentiality of alcohol and drug abuse patient records;
d) Title VIII of the Civil Rights Act of 1968,42 USC SS 3601 et seq., relating to
nondiscrimination in housing;
e) Immigration Reform and Control Act of 1986, 8 USC S 1324a, regarding employment
verification;
f) Pro-Children Act of 1994, 20 USC SS 6081-6084, regarding the non-use of all tobacco
products;
g) National Research Service Award Act of 1971,42 USC SS 289a-1 et seq" and 6601 (PL
93-348 and PL 103-43), regarding human subjects involved in research;
h) Hatch Political Activity Act, 5 USC SS 1501-1508 and 7321-26, which limits the political
activity of employees whose employment is funded with federal funds;
General Provisions (Core Subrecipient) 2010
2
i) Fair Labor Standards Act, 29 USC ~~ 201 et seq., and the Intergovernmental Personnel
Act of 1970, 42 USC ~~ 4701 et seq., as applicable, concerning minimum wage and
maximum hours;
j) Tex. Gov, Code Chapter 469, pertaining to eliminating architectural barriers for persons
with disabilities;
k) Texas Workers' Compensation Act, Tex. Lab, Code, Chapters 401-406 and 28 Tex.
Admin. Code Part 2, regarding compensation for employees' injuries;
I) The Clinical Laboratory Improvement Amendments of 1988, 42 USC ~ 263a, regarding
the regulation and certification of clinical laboratories;
m) The Occupational Safety and Health Administration Regulations on Blood Borne
Pathogens, 29 CFR ~ 1910.1030, or Title 25 Tex. Admin, Code Chapter 96 regarding
safety standards for handling blood borne pathogens;
n) Laboratory Animal Welfare Act of 1966, 7 USC ~~ 2131 et seq., pertaining to the
treatment of laboratory animals;
0) environmental standards pursuant to the following: 1) Institution of environmental quality
control measures un Jer the National Environmental Policy Act of 1969, 42 USC ~~
4321-4347 and Executive Order 11514 (35 Fed. Reg, 4247), "Protection and
Enhancement of Environmental Quality;~' 2) Notification of violating facilities pursuant
to Executive Order 11738 (40 CFR Part 32), "Providing for Administration of the Clean
Air Act and the Federal Water Pollution Control Act with respect to Federal Contracts,
Grants, or Loans;" 3) Protection of wetlands pursuant to Executive Order 11990,42 Fed.
Reg. 26961; 4) Evaluation of flood hazards in floodplains in accordance with Executive
Order 11988, 42 Fed. Reg. 26951 and, if applicable, flood insurance purchase
requirements of Section 102(a) of the Flood Disaster Protection Act of 1973 (PL 93-234);
5) Assurance of project consistency with the approved State Management program
developed under the Coastal Zone Management Act of 1972, 16 USC ~~ 1451 et seq,; 6)
Federal Water Pollution Control Act, 33 USC ~1251 et seq,; 7) Protection of
underground source~ of drinking water under the Safe Drinking Water Act of 1974, 42
USC ~~ 300f-300j; 8) Protection of endangered species under the Endangered Species
Act of 1973, 16 USC ~ ~ 1531 et seq.; 9) Conformity of federal actions to state clean air
implementation plans under the Clean Air Act of 1955,42 USC ~7401 et seq.; 10) Wild
and Scenic Rivers Act of 1968 (16 USC ~~ 1271 et seq.) related to protecting certain
rivers system; and 11) Lead-Based Paint Poisoning Prevention Act (42 USC ~~ 4801 et
seq.) prohibiting the use of lead-based paint in residential construction or rehabilitation;
p) Intergovernmental Personnel Act of 1970 (42 USC ~~4278-4763) regarding personnel
merit systems for programs specified in Appendix A of the federal Office of Program
Management's Standards for a Merit System of Personnel Administration (5 CFR Part
900, Subpart F);
q) Titles II and III of the Uniform Relocation Assistance and Real Property Acquisition
Policies Act of 1970 (PL 91-646), relating to fair treatment of persons displaced or whose
property is acquired as a result of Federal or federally-assisted programs;
r) Davis-Bacon Act (40 USC ~~ 276a to 276a-7), the Copeland Act (40 U.S.c. ~ 276c and
18 USC ~ 874), and the Contract Work Hours and Safety Standards Act (40 usc 99 327-
333), regarding labor standards for federally-assisted construction subagreements;
s) National Historic Preservation Act of 1966, 9106 (16 USC 9470), Executive Order
11593, and the,Archaeological and Historic Preservation Act of 1974 (16 USC 9S 469a-1
General Provisions (Core Subrecipient) 20 10
3
et seq.) regarding historic property to the extent necessary to assist DSHS in complying
with the Acts;
t) financial and compliance audits in accordance with Single Audit Act Amendments of
1996 and OMB Circular No. A-133, "Audits of States, Local Governments, and Non-
Profit Organizations;" and
u) requirements of any other applicable state and federal statutes, executive orders,
regulations, rules and policies.
If this Contract is funded by a grant or cooperative agreement, additional state or federal
requirements found in the Notice of Grant Award are imposed on Contractor and incorporated
herein by reference. Contractor may obtain a copy of any applicable Notice of Grant A ward
from the Division Contract Management Unit assigned to the Program Attachment.
Section 1.08 Applicability of General Provisions to Interagency and Interlocal Contracts.
Certain sections or portions of sections of these General Provisions shall not apply to Contractors
that are State agencies or ur.its of local government; and certain additional provisions shall apply
to such Contractors.
a) The following sections or portions of sections of these General Provisions shall not apply
to interagency or interlocal contracts:
1) Hold Harmless and Indemnification, Section 13.19;
2) Independent Contractor, Section 12.15 (delete the third sentence in its entirety; delete
the word "employees" in the fourth sentence; the remainder of the section applies);
3) Insurance, Section 12.03;
4) Liability Coverage, Section 12.05;
5) Fidelity Bond, Section 12.04;
6) Historically Underutilized Businesses, Section 12.10 (Contractor, however, shall
comply with HUB requirements of other statutes and rules specifically applicable to
that entity);
7) Debt to State and Corporate Status, Section 3.01;
8) Application of Payment Due, Section 3.02; and
9) Article XV Claims against the Department (This Article is inapplicable to interagency
contracts only),
b) The following additional provisions shall apply to interagency contracts:
1) This Contract is entered into pursuant to the authority granted and in compliance with
the provisions of the Interagency Cooperation Act, Tex. Gov. Code Chapter 771;
2) The Parties hereby certify that (I) the services specified are necessary and essential
for the activities that are properly within the statutory functions and programs of the
affected agencies of State government; (2) the proposed arrangements serve the
interest of efficient and economical administration of the State government; and (3)
the services, supplies or materials contracted for are not required by Section 21 of
Article 16 of the Constitution of the State of Texas to be supplied under contract
given to the lowest responsible bidder; and
3) DSHS certifies that it has the authority to enter into this Contract granted in Tex.
Health & Safety Code Chapter 100 I, and Contractor certifies that it has specific
statutory authority to enter into and perform this Contract.
c) The following additional provisions shall apply to interlocal contracts:
General Provisions (Core Subrecipient) 2010
4
I) This Contract is entered into pursuant to the authority granted and in compliance with
the provisions ot the Interlocal Cooperation Act, Tex, Gov. Code Chapter 791;
2) Payments made by DSHS to Contractor shall be from current revenues available to
DSHS; and
3) Each Party represents that it has been authorized to enter into this Contract.
d) Contractor agrees that Contract Revision Requests (pursuant to the Contractor's Request
for Revision to Celtain Contract Provisions section), when signed by a duly authorized
representative of Contractor, shall be effecti ve as of the effecti ve date specified by the
Department, whether that date is prior to or after the date of any ratification by
Contractor's governing body,
Section 1.09 Civil Rights Policies and Complaints. Upon request, Contactor shall provide
the Health and Human Services Commission (HHSC) Civil Rights Office with copies of all
Contractor's ci vii rights potcies and procedures. Contractor must notify HHSC's Office of Ci vii
Rights of any civil rights complaints received relating to performance under this Contract no
more than ten (10) calendar days after Contractor's receipt of the claim. Notice must be directed
to -
HHSC Civil Rights Office
701 W. 51st St., Mail Code W206
Austin, Texas 78751
Toll-free phone (888) 388-6332
Phone (512) 438-4313
TTY Toll-free (877) 432-7232
Fax (512) 438-5885
Section 1.10 Licenses, Certifications, Permits, Registrations and Approvals. Contractor
shall obtain and maintain all applicable licenses, certifications, permits, registrations and
approvals to conduct its business and to perform the services under this Contract. Any
revocation, surrender, expiration, non-renewal, inactivation or suspension of any such license,
certification, permit, registration or approval shall constitute grounds for termination of this
Contract or other remedies the Department deems appropriate. Contractor shall ensure that all its
employees, staff and volunteers maintain in active status all licenses, certifications, permits,
registrations and approvals required to perform their duties under this Contract and shall prohibit
any person who does not hold a current, active required license, certification, permit, registration
or approval from performing services under this Contract.
General Provisions (Core Subrecipient) 2010
5
I
ARTICLE II
SERVICES
Section 2.0 I Education to Persons in Residential Facilities. If applicable, Contractor shall
ensure that all persons, who are housed in Department-licensed and/or -funded residential
facilities and who are twenty-two (22) years of age or younger, have access to educational
services as required by Tex. Educ. Code S 29.012. Contractor shall notify the local education
agency or local early intervention program as prescribed by Tex. Educ. Code S 29.012 not later
than the third calendar day after the date a person who is twenty-two (22) years of age or
younger is placed in Contractor's residential facility.
Section 2.02 Disaster Services. In the event of a local, state, or federal emergency, including
natural, man-made, criminal, terrorist, and/or bioterrorism events, declared as a state disaster by
the Governor, or as a federai disaster by the appropriate federal official, Contractor may be
called upon to assist DSHS in providing services, as appropriate, in the following areas:
community evacuation; health and medical assistance; assessment of health and medical needs;
health surveillance; medical care personnel; health and medical equipment and supplies; patient
evacuation; in-hospital care and hospital facility status; food, drug, and medical device safety;
worker health and safety; mental health and substance abuse; public health information; vector
control and veterinary services; and victim identification and mortuary services. Disaster
services shall be carried out in the manner most responsive to the needs of the emergency, be
cost-effective, and be least intrusive on the primary services of the Contractor.
Section 2.03 Consent to Medical Care of a Minor. If Contractor provides medical, dental,
psychological or surgical treatment to a minor under this Contract, either directly or through
contracts with subcontracto.:-s, the treatment of a minor shall be provided only if informed
consent to treatment is obtained pursuant to Tex. Fam. Code, Chapter 32, relating to consent to
treatment of a child by a non-parent or child or pursuant to other state law. If requirements of
federal law relating to consent directly conflict with Tex. Fam, Code, Chapter 32, federal law
shall supersede state law.
Section 2.04 Telemedicine Medical Services. Contractor shall ensure that if Contractor or its
subcontractor uses telemedicineltelepsychiatry that the services are implemented in accordance
with written procedures and using protocol approved by the Contractor's medical director and
utilizing equipment that complies with the equipment standards as required by the Department.
Procedures of telemedicine service provision must include the following requirements:
a) clinical oversight by the Contractor's medical director or designated physician
responsible for medisalleadership;
b) contraindication considerations for telemedicine use;
c) qualified staff members to ensure the safety of the individual being served by
telemedicine at the remote site;
d) safeguards to ensure confidentiality and privacy in accordance with state and federal
laws;
e) use by credentialed licensed providers providing clinical care within the scope of their
licenses;
f) demonstrated competency in the operations of the system by all staff members who are
involved in the operation of the system and provision of the services prior to initiating the
protocol;
General Provisions (Core Subrecipient) 20 I 0
6
g) priority in scheduling the system for clinical care of individuals;
h) quality oversight and monitoring of satisfaction of the individuals served; and
i) management of information and documentation for telemedicine services that ensures
timely access to accurate information between the two sites.
Telemedicine Medical Services does not include chemical dependency treatment services
provided by electronic means under Rule S 448.911,
Section 2.05 Fees for Personal Health Services. Contractor may develop a system and
schedule of fees for personal health services in accordance with the provisions of Tex. Health &
Safety Code S 12.032, DSHS Rule S 1.91 covering Fees for Personal Health Services, and other
applicable laws or grant requirements. The amount of a fee shall not exceed the actual cost of
providing the services. No patient may be denied a service due to inability to pay.
Section 2.06 Cost Effective Purchasing of Medications. If medications are funded under this
Contract, Contractor shall make needed medications available to clients at the lowest possible
prices and use the most cost effective medications purchasing arrangement possible.
Section 2.07 Services and Information for Persons with Limited English Proficiency.
Contractor agrees to take reasonable steps to provide services and information both orally and in
writing, in appropriate languages other than English, in order to ensure that persons with limited
English proficiency are effectively informed and can have meaningful access to programs,
benefits, and activities. Contractor shall identify and document on the client records the primary
language/dialect of a client who has limited English proficiency and the need for translation or
interpretation services and ~hall not require a client to provide or pay for the services of a
translator or interpreter. Contractor shall make every effort to avoid use of any persons under the
age of eighteen (18) or any family member or friend of the client as an interpreter for essential
communications with a client with limited English proficiency unless the client has requested
that person and the use of such a person would not compromise the effectiveness of services or
violate the client's confidentiality and the client is advised that a free interpreter is available.
ARTICLE III
FUNDING
Section 3,01 Debt to State and Corporate Status. Pursuant to Tex. Gov. Code S 403.055, the
Department will not approve and the State Comptroller will not issue payment to Contractor if
Contractor is indebted to the State for any reason, including a tax delinquency. Contractor, if a
corporation, certifies by execution of this Contract that it is current and will remain current in its
payment of franchise taxes to the State of Texas or that it is exempt from payment of franchise
taxes under Texas law (Tex. Tax Code SS 171.001 et seq.). Contractor, if a corporation, further
certifies that it is and will remain in good standing with the Secretary of State's office. A false
statement regarding franchise tax or corporate status is a material breach of this Contract. If
franchise tax payments become delinquent during the Contract term, all or part of the payments
under this Contract may be withheld until Contractor's delinquent franchise tax is paid in full.
General Provisions (Core Subrecipient) 2010
7
Section 3.02 Application of Payment Due. Contractor agrees that any payments due under
this Contract will be applied towards any debt of Contractor, including but not limited to
delinquent taxes and child SUPP0l1 that is owed to the State of Texas.
Section 3.03 Use of Funds. Contractor agrees that it shall expend Department funds only for
the provision of approved services and for reasonable and allowable expenses directly related to
those services.
Section 3.04 Use for Match Prohibited. Contractor agrees funds provided through this
Contract shall not be used for matching purposes in securing other funding unless directed or
approved by the Department in writing.
Section 3.05 Program Income. Gross income directly generated from Department funds
through a project or activity performed under a Program Attachment and/or earned only as a
result of a Program Attachment during the term of the Program Attachment are considered
program income. Unless otherwise required under the terms of the grant funding this Contract,
the addition alternative, as provided in UGMS ~ _.25(g)(2), for the use of program income shall
be used by Contractor to further the program objectives of the state or federal statute under
which the Program Attachment was made, and it shall be spent on the same Program Attachment
project in which it was generated. Contractor shall identify and report this income in accordance
with the Compliance and Reporting Article of these General Provisions and the provisions of the
Program Attachment(s), Contractor shall expend program income during the Program
Attachment term and may not carry forward to any succeeding term. Program income not
expended in the term in which it is earned shall be refunded to DSHS. DSHS may base future
funding levels, in part, upon Contractor's proficiency in identifying, billing, collecting, and
reporting program income, and in utilizing it for the purposes and conditions set forth in this
Contract.
Section 3.06 Nonsupplanting. Contractor shall not supplant (i.e., use funds from this Contract
to replace or substitute existing funding from other sources that also supports the activities that
are the subject of this Contract) but rather shall use funds from this Contract to supplement
existing state or local funds currently available for a particular activity, Contractor shall make a
good faith effort to maintain its current level of support. Contractor may be required to submit
documentation substantiating that a reduction in state or local funding, if any, resulted for
reasons other than receipt or expected receipt of funding under this Contract.
ARTICLE IV
PA YMENT METHODS AND RESTRICTIONS
Section 4,0 I Payment Methods. Except as otherwise provided by the provisions of the
Program Attachment(s), the payment method for each program shall be one of the following
methods:
a) cost reimbursement. This payment method is based on an approved budget in the
Program Attachment(s) and acceptable submission of a request for reimbursement; or
b) unit rate/fee-for-service. This payment method is based on a fixed price or a specified
rate(s) or fee(s) for delivery of a specified unites) of service, as stated in the Program
Attachment(s) and acceptable submission of all required documentation, forms and/or
reports.
General Provisions (Core Subrecipient) 2010
8
Section 4.02 Billing Submission. Contractors shall bill the Department in accordance with the
Program Attachment(s) in the form and format prescribed by DSHS. Unless otherwise specified
in the Program Attachment(s) or permitted under the Third Party Payors section of this Article,
, Contractor shall submit requests for reimbursement or payment monthly within thirty (30)
calendar days following the end of the month covered by the bill.
Section 4.03 Final Billing Submission. Unless otherwise provided by the Department,
Contractor shall submit a reimbursement or payment request as a final close-out bill not later
than sixty (60) calendar day:) following the end of the term of the Program Attachment for goods
received and services rendered during the term. If necessary to meet this deadline, Contractor
may submit reimbursement or payment requests by facsimile transmission. Reimbursement or
payment requests received in DSHS's offices more than sixty (60) calendar days following the
end of the applicable term will not be paid. Consideration of requests for an exception will be
made on a case-by-case basis, subject to the availability of funding, and only for an extenuating
circumstance, such as, a catastrophic event, natural disaster, or criminal activity that substantially
interferes with normal business operations, or causes damage or destruction of a place of
business and/or records. A written statement describing the extenuating circumstance and the
last request for reimbursement must be submitted for review and approval to the DSHS
Accounting Section,
Section 4.04 Working Capital Advance. If allowed under this Contract, a single one-time
working capital advance per term of the Program Attachment may be granted at the
Department's discretion, Contractor must submit documentation to the Division Contract
Management Unit assigned to the Program Attachment to justify the need for a working capital
advance. The working capital advance must be liquidated as directed by the Department. The
requirements for the documentation justifying the need for an advance and the directions for
liquidating the advance are found in the Contractor's Financial Procedures Manual located at
http://www.dshs.state.tx.us/contracts.
Section 4.05 Financial Status Reports (FSRs). Except as otherwise provided in these
General Provisions or in the terms of the Program Attachment(s), for contracts with categorical
budgets, Contractor shall submit quarterly FSRs to Accounts Payable by the thirtieth calendar
day of the month following the end of each quarter of the Program Attachment term for
Depa1tment review and financial assessment. The final FSR must be submitted not later than
sixty (60) days following the end of the applicable term.
Section 4.06 Third Party Payors. A third party payor is any person or entity who has the
legal responsibility for paying for all or part of the services provided, including commercial
health or liability insurance carriers, Medicaid, or other federal, state, local, and private funding
sources. Except as provided in this Contract, Contractor shall screen all clients and shall not bill
the Department for services eligible for reimbursement from third party payors. Contractor shall
(a) enroll as a provider in Children's Health Insurance Program and Medicaid if providing
approved services authorized under this Contract that may be covered by those programs, and
bill those -programs for the covered services; (b) provide assistance to individuals to enroll in
such programs when the screening process indi~ates possible eligibility for such programs; (c)
allow clients that are otherVvise eligible for Department services, but cannot pay a deductible
required by a third patty payor, to receive services up to the amount of the deductible and to bill
General Provisions (Core Subrecipient) 2010
9
the Department for the deductible; (d) not bill the Department for any services eligible for third
party reimbursement until all appeals to third party payors have been exhausted, in which case
the 30-day requirement in the Billing Submission section will be extended until all such appeals
have been exhausted; (e) maintain appropriate documentation from the third party payor
reflecting attempts to obtain reimbursement; (t}bill all third party payors for services provided
under this Contract before submitting any request for reimbursement to Department; and (g)
provide third party billing functions at no cost to the client.
ARTICLE V
TERMS AND CONDITIONS OF PAYMENT
Section 5.01 Prompt Payment. Upon receipt of a timely, undisputed invoice pursuant to this
Contract, Department will pay Contractor. Payments and reimbursements are contingent upon a
signed Contract and will not exceed the total amount of authorized funds under this Contract.
Contractor is entitled to payment or reimbursement only if the service, work, and/or product has
been authorized by the Department and performed or provided pursuant to this Contract. If those
conditions are met, Department will make payment in accordance with the Texas prompt
payment law (Tex. Gov. Code Chapter 2251). Contractor must comply with Tex. Gov. Code
Chapter 2251 regarding its prompt payment obligations to subcontractors. Payment of invoices
by the Department shall not constitute acceptance or approval of Contractor's performance, and
all invoices and Contractor's performance are subject to audit or review by the Department.
Section 5.02 Withholding Payments. Department may withhold all or part of any payments
to Contractor to offset reimbursement for any ineligible expenditures, disallowed costs, or
overpayments that Contractor has not refunded to Department, or if financial status report(s)
required by the Department are not submitted by the date(s) due, Department may take
repayment (recoup) from fundsavailab1e under this Contract in amounts necessary to fulfill
Contractor's repayment obligations.
Section 5.03 Condition Precedent to Requesting Payment. Contractor shall disburse
program income, rebates, refunds, contract settlements, audit recoveries, and interest earned on
such funds before requesting cash payments including any advance payments from Department.
Section 5.04 Acceptance as Payment in Full. Except as permitted in the Fees for Personal
Health Services section or under 25 Tex. Admin. Code S 444.413, Contractor shall accept
reimbursement or payment from DSHS as payment in full for services or goods provided to
clients or participants, and Contractor shall not seek additional reimbursement or payment for
services or goods from clients or participants or charge a fee or make a profit with respect to the
Contract. A fee or profit is considered to be an amount in excess of actual allowable costs that
are incurred in conducting an assistance program,
ARTICLE VI
ALLOW ABLE COSTS AND AUDIT REQUIREMENTS
Section 6.01 Allowable Costs. For services satisfactorily performed, and sufficiently
documented, pursuant to this Contract, DSHS will reimburse Contractor for allowable costs.
Contractor must have incurred a cost prior to claiming reimbursement and within the applicable
term to be eligible for reimbursement under this Contract. DSHS shall determine whether costs
General Provisions (Core Subrecipient) 20 I 0
10
submitted by Contractor are allowable and eligible for reimbursement. If DSHS has paid funds
to Contractor for unallowable or ineligible costs, DSHS will notify Contractor in writing, and
Contractor shall return the funds to DSHS within thirty (30) calendar days of the date of this
written notice. DSHS may withhold all or part of any payments to Contractor to offset
reimbursement for any unallowable or ineligible expenditures that Contractor has not refunded to
DSHS, or if financial status rep0l1(s) required under the Financial Status Reports section are not
submitted by the date(s) due. DSHS may take repayment (recoup) from funds ayailable under
this Contract in amounts necessary to fulfill Contractor's repayment obligations. Applicable cost
principles, audit requirements, and administrative requirements include-
Applicable Entity Applicable Cost Audit Administrative
Principles Requirements Requirements
State, Local and OMB Circular OMB Circular UGMS, OMB
Tribal Governments A-87 A-133 and UGMS Circular A-I 02, and
applicable Federal
awarding agency
common rule
Educational OMB Circular OMB Circular OMB Circular A-110
Institutions A-21; and UGMS, A-133 and applicable Federal
as applicable awarding agency
common rule; and
UGMS, as applicable
Non-Profit OMB Circular OMB Circular UGMS; OMB
Organizations A-122 A-I33 and UGMS Circular A-II 0 and
applicable Federal
awarding agency
common rule
For-profit 48 CFR Part 31, OMB Circular A- UGMS and applicable
Organization other Contract Cost 133 and UGMS Federal awarding
than a hospital and an Principles agency common rule
organization named in Procedures, or
OMB Circular A-122 uniform cost
as not subject to that accounting
circular. standards that
comply with cost
principles
acceptable to the
federal or state
awarding agency
A chart of applicable Federal awarding agency common rules is located through a weblink on the
DSHS website at http://www.dshs.state.tx.us/contracts/links.shtm. OMB Circulars will be
applied with the modifications prescribed by UGMS with effect given to whichever provision
imposes the more stringent requirement in the event of a conflict.
General Provisions (Core Subrecipient) 2010
II
Section 6.02 Independent Single or Program-Specific Audit. If Contractor within
Contractor's fiscal year expends a total amount of at least $500,000 in federal funds awarded,
Contractor must have a single audit or program-specific audit in accordance with the Office of
Management and Budget (OMB) Circ. No. A-I33, the Single Audit Act of 1984, P L 98-502, 98
Stat. 2327, and the Single Audit Act Amendments of 1996, P L 104-156, 110 Stat. 1396. The
$500,000 federal threshold amount includes federal funds passed through by way of state agency
awards. If Contractor within Contractor's fiscal year expends a total amount of at least $500,000
in state funds awarded, Contractor must have a single audit or program-specific audit in
accordance with UGMS, State of Texas Single Audit Circular. The HHSC Office of Inspector
General (OIG) will notify the Contractor to complete the Single Audit Determination
Registration Form. If Contractor fails to complete the Single Audit Determination Form within
thilty (30) calendar days after notification by OIG to do so, Contractor shall be subject to DSHS
sanctions and remedies for non-compliance with this Contract. The audit shall be conducted by
an independent certified public accountant and in accordance with applicable OMB Circulars,
Government Auditing Standards, and Uniform Grant Management Standards (UGMS) located
through a web link on the DSHS website at http://www.dshs.state.tx.us/contracts/links.shtm.
Contractor shall procure audit services in compliance with this section, state procurement
procedures, as well as with the provisions of UGMS. Contractor, unless Contractor is a state
governmental entity, shall competitively re-procure independent single audit services at least
every five (5) years, Incumbent audit firms may participate in the re-procurement process;
however, Contractor shall not procure services of the same audit firm for more than ten (10)
consecutive years and shall require that the audit firm limit the amount of time the lead or
coordinating audit partner (having primary responsibility for the audit) conducts the independent
audit to a maximum of five (5) years within a ten-year period. Contractor may request, in
writing to the DSHS Contract Oversight and Support Section, an exception from lead partner
rotation for years six (6) through ten (10) of a ten-year period if the audit finn has only one lead
partner. If the request is approved, Contractor must require the audit finn to provide certification
annually for years six through ten that the audit firm has no more than one partner and must
require the audit firm to contract with an independent audit firm to perform a second partner
review of the single or program-specific audit work performed for the Contractor. Procurement
of audit services must comply with the procurement standards of 45 CFR Part 74 or 92, as
applicable, including obtaining competition and making positive efforts to use small, minority-
owned, and women-owned business enterprises.
Section 6.03 Submission of Audit. Within thirty (30) calendar days of receipt of the audit
reports required by the Independent Single or Program-Specific Audit section, Contractor shall
submit one copy to the Department's Contract Oversight and Support Section, ancl one copy to
the Texas Health ancl Human Services Commission (HHSC), Office of Inspector General (OIG),
at the following addresses:
Depaltment of State Health Services
Contract Oversight and Support, Mail Code 1326
P,O. Box 149347
Austin, Texas 78714-9347
Texas Health and Human Services Commission
General Provisions (Core Subrecipient) 2010
12
Office of Inspector General
Compliance/Audit, Mail Code 1326
P.O. Box 85200
Austin, Texas 78708-5200
If Contractor fails to submit the audit report as required by the Independent Single or Program-
Specific Audit section within thirty (30) calendar days of receipt by Contractor of an audit report,
Contractor shall be subject to DSHS sanctions and remedies for non-compliance with this
Contract.
ARTICLE VII
CONFIDENTIALITY
Section 7.01 Maintenance of Confidentiality. Contractor must maintain the privacy and
confidentiality of information and records received during or related to the performance of this
Contract, including patient and client records that contain protected health information (PHI),
and any other information that discloses confidential personal information or identifies any client
served by DSHS, in accordance with applicable federal and state laws, rules and regulations,
including but not limited to 7 CFR Part 246; 42 CFR Part 2; 45 CFR Parts 160 and 164 (Health
Insurance Portability and Accountability Act [HIP AA]); Tex. Health & Safety Code Chapters 12,
47,81,82,85,88,92,161,181,241,245,251,534,576,577, 596, 61 I, and 773; and Tex. Occ.
Code Chapters 56 and 159 and all applicable Rules.
Section 7.02 Department Access to PHI and Other Confidential Information. Contractor
shall cooperate with Department to allow Department to request, collect and receive PHI and
other confidential information under this Contract, without the consent of the individual to whom
the PHI relates, for funding, payment and administration of the grant program, and for purposes
permitted under applicable state and federal confidentiality and privacy laws,
Section 7,03 Exchange of Client-Identifying Information. Except as prohibited by other
law, Contractor and DSHS shall exchange PHI without the consent of clients in accordance with
45 CFR ~ 164.504(e)(3)(i)(B), Tex. Health & Safety Code ~ 533.009 and Rule Chapter 414,
Subchapter A or other applicable laws or rules. Contractor shall disclose information described
in Tex. Health & Safety Code ~ 614.017(a)(2) relating to special needs offenders, to an agency
described in Tex. Health & Safety Code ~ 614,OI7(c) upon request of that agency, unless
Contractor documents that the information is not allowed to be disclosed under 45 CFR Part 164
or other applicable law.
Section 7.04 Security of Patient or Client Records. Contractor must maintain patient and
client records in compliance with state and federal law relating to security and retention of
medical or mental health and substance abuse patient and client records. Department may
require Contractor to transfer original or copies of patient and client records to Department,
without the consent or authorization of the patient or client, upon termination of this Contract or
a Program Attachment to this Contract, as applicable, or if the care and treatment of the
individual patient or client is transferred to another entity. Prior to providing services funded
under this Contract to a patient or client, Contractor shall attempt to obtain consent from the
patient or client to transfer copies of patient or client records to another entity funded by DSHS
General Provisions (Core Subrecipient) 20 I 0
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upon termination of this Contract or a Program Attachment to this Contract, as applicable, or if
care or treatment is transferred to another DSHS-funded contractor.
Section 7.05 HIV/AIDS Model Workplace Guidelines. Ifproviding direct client care,
services, or programs, Contractor shall implement Department's policies based on the HIV / AIDS
(human immunodeficiency virus/acquired immunodeficiency syndrome) Model Workplace
Guidelines for Businesses, State Agencies, and State Contractors. Policy No. 090,021, and
Contractor shall educate employees and clients concerning HIV and its related conditions,
including AIDS, in accordance with the Tex. Health & Safety Code S 85.112-114. A link to the
Model Workplace Guidelines can be found at
http://www.dshs.state.tx.us/hi vstd/policy/policies. shtm.
ARTICLE VIII
RECORDS RETENTION
Section 8.01 Retention. Contractor shall retain records in accordance with applicable state and
federal statutes, rules and regulations. At a minimum, Contractor shall retain and preserve all
other records, including financial records that are generated or collected by Contractor under the
provisions of this Contract, for a period of four (4) years after the termination of this Contract. If
services are funded through Medicaid, the federal retention period, if more than four (4) years,
shall apply. Contractor shall retain all records pertaining to this Contract that are the subject of
litigation or an audit until the litigation has ended or all questions pertaining to the audit are
resolved. Legal requirements for Contractor may extend beyond the retention schedules
established in this section. Contractor shall retain medical records in accordance with Tex.
Admin. Code Title 22, Part 9, S 165.1 (b) and (c) or other applicable statutes, rules and
regulations governing medical information, Contractor shall ensure that this provision
concerning records retention is included in any subcontract it awards. If Contractor ceases
business operations, it shall ensure that records relating to this Contract are securely stored and
are accessible by the Department upon Department's request for at least four (4) years from the
date Contractor ceases business or from the date this Contract terminates, whichever is sooner.
Contractor shall provide the name and address of the party responsible for storage of records to
the Division Contract Management Unit assigned to the Program Attachment.
ARTICLE IX
ACCESS AND INSPECTION
Section 9.0 I Access. In addition to any right of access arising by operation of law, Contractor,
and any of Contractor's affiliate or subsidiary organizations or subcontractors shall permit the
Department or any of its duly authorized representatives, as well as duly authorized federal, state
or local authorities, including the Comptroller General of the United States, OIG, and the State
Auditor's Office (SAO), unrestricted access to and the right to examine any site where business
is conducted or client services are performed, and all records (including client and patient
records, if any, and Contractor personnel records and governing body personnel records), books,
papers or documents related to this Contract; and the right to interview members of Contractor's
governing body, staff, volunteers, participants and clients concerning the Contract, Contractor's
business and client services. If deemed necessary by the Department or the OIG, for the purpose
of investigation or hearing, Contractor shall produce original documents related to this Contract.
Further, Contractor shall ensure that information collected, assembled or maintained by the
Contractor relative to this Contract is available to the Depaltment for the Department to respond
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to requests that it receives u'1der the Public Information Act. The Department and HHSC will
have the right to audit billings both before and after payment, and all documentation that
substantiates the billings. Payments will not foreclose the right of Depm1ment and HHSC to
recover excessive or illegal payments. Contractor shall ensure that this provision concerning the
right of access to, and examination of, sites and)nformation related to this Contract is included in
any subcontract it awards.
Section 9.02 State Auditor's Office. Contractor shall, upon request, make all records, books,
papers, documents, or recordings related to this Contract available for inspection, audit, or
reproduction during normal business hours to any authorized representative of the SAO. The
Contractor understands that the acceptance of funds under this Contract acts as acceptance of the
authority of the SAO, or any successor agency, to conduct an audit or investigation in connection
with those funds. The Contractor further agrees to cooperate fully with the SAO or its successor
in the conduct of the audit or investigation, including providing all records requested, and
providing access to any information the SAO considers relevant to the investigation or audit.
Contractor shall ensure that this provision concerning the authority to audit funds will apply to
funds received indirectly by subcontractors through the Contractor, and the requirement to
cooperate, is included in any subcontract it awards.
Section 9,03 Responding to Deficiencies. Any deficiencies identified by DSHS or HHSC
upon examination of Contractor's records or during an inspection of Contractor's site(s) will be
conveyed in writing to Contractor. Contractor shall submit, by the date prescribed by DSHS, a
resolution to the deficiency in a site inspection, program review or management or financial
audit to the satisfaction of DSHS or, if directed by DSHS, a plan of corrective action to resolve
the deficiency. A DSHS or HHSC determination of either an inadequate or inappropriate
resolution of the findings may result in contract remedies or sanctions under the Breach of
Contract and Remedies for Non-Compliance Article of these General Provisions.
ARTICLE X
NOTICE REQUIREMENTS
Section 10.01 Child Abuse Reporting Requirement. This section applies to mental health and
substance abuse contractors and contractors for the following public health programs: HIV/STD;
Family Planning (Titles V, X and XX); Primary Health Care; Maternal and Child Health; and
WIC Nutrition Services. Contractor shall make a good faith effort to comply with child abuse
reporting guidelines and requirements in Tex, Fam. Code Chapter 261 relating to investigations
of reports of child abuse and neglect. Contractor shall develop, implement and enforce a written
policy that includes at a minimum the Department's Child Abuse Screening, Documenting, and
Reporting Policy for Contractors/Providers and train all staff on reporting requirements.
Contractor shall use the DStlS Child Abuse Reporting Form as required by the Department
located at www.dshs.state.tx.us/chi Idabusereporting, Contractor shall retai n reporting
documentation on site and make it available for inspection by DSHS,
Section 10.02 Significant Incidents. In addition to notifying the appropriate authorities,
Contractor shall report to the Division Contract Management Unit assigned to the Program
Attachment significant incidents involving substantial disruption of Contractor's program
operation, or affecting or potentially affecting the health, safety or welfare of Department-funded
clients or participants within seventy-two (72) hours of discovery.
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Section 10.03 Litigation. Contractor shall notify the Division Contract Management Unit
assigned to the Program Attachment of litigation related to or affecting this Contract and to
which Contractor isa party within seven (7) calendar days of becoming aware of such a
proceeding. This includes, but is not limited to an action, suit or proceeding before any coul1 or
governmental body, including environmental and civil rights matters, professional liability, and
employee litigation. Notification shall include the names of the parties, nature of the litigation
and remedy sought, including amount of damages, if any.
Section 10.04 Action Against the Contractor. Contractor shall notify the Di vision Contract
Management Unit assigned to the Program Attachment if Contractor has had a contract
suspended or terminated for cause by any local, state or federal department or agency or
nonprofit entity within three> (3) working days of the suspension or termination. Such
notification shall include the reason for such action; the name and contact information of the
local, state or federal department or agency or entity; the date of the contract; and the contract or
case reference number. If the Contractor, as an organization, has surrendered its license or has
had its license suspended or revoked by any local, state or federal department or agency or non-
profit entity, it shall disclose this information within three (3) working days of the surrender,
suspension or revocation to the Division Contract Management Unit assigned to the Program
Attachment by submitting a one-page description that includes the reason(s) for such action; the
name and contact information of the local, state or federal department or agency or entity; the
date of the license action; and a license or case reference number.
Section 10.05 Insolvency. Contractor shall notify in writing the Division Contract Management
Unit assigned to the Program Attachment of Contractor's insolvency, incapacity, or outstanding
unpaid obligations to the Internal Revenue Service (IRS) or Texas Workforce Commission
(TWC) within three (3) working days of the date of determination that Contractor is insolvent or
incapacitated, or the date Contractor discovered an unpaid obligation to the IRS or TWC.
Contractor shall notify in writing the Division Contract Management Unit assigned to the
Program Attachment of its plan to seek bankruptcy protection within three (3) working days of
such action by the Contractor's governing body.
Section 10.06 Misuse of Funds and Performance Malfeasance. Contractor shall report to the
Division Contract Management Unit assigned to the Program Attachment, any knowledge of
debarment, suspected fraud, program abuse, possible illegal expenditures, unlawful activity, or
violation of financial laws, rules, policies, and procedures related to performance under this
Contract. Contractor shall make such rep0l1 no later than three (3) working days from the date
that the Contractor has knowledge or reason to believe such activity has taken place.
Section 10.07 Criminal Activity and Disciplinary Action. Contractor affirms that no person
who has an ownership or controlling interest in the organization or who is an agent or managing
employee of the organization has been placed on community supervision, received deferred
adjudication, is presently indicted for or has been convicted of a criminal offence related to any
financial matter, federal or state program or felony sex crime. Contractor shall notify in writing
the Division Contract Management Unit assigned to the Program Attachment if it has reason to
believe Contractor, or a person with ownership or controlling interest in the organization or who
is an agent or managing employee of the organization, an employee or volunteer of Contractor,
or a subcontractor has engaged in any activity that would constitute a criminal offense equal to or
General Provisions (Core Subrecipient) 2010
16
greater than a Class A misdemeanor or if such activity would reasonably constitute grounds for
disciplinary action by a state or federal regulatory authority, or has been placed on community
supervision, received deferred adjudication, or been indicted for or convicted of a criminal
offense relating to involvement in any financial matter, federal or state program or felony sex
crime. Contractor shall make the reports required by this section no later than three (3) working
days from the date that the Contractor has knowledge or reason to believe such activity has taken
place. Contractor shall ensure that any person who engaged, or was alleged to have engaged, in
an activity subject to reporting under this section is prohibited from performing direct client
services or from having direct contact with clients, unless otherwise directed by DSHS.
Section 10,08 Retaliation Prohibited. Contractor shall not retaliate against any person who
reports a violation of, or cooperates with an investigation regarding, any applicable law, rule,
regulation or standard to the Department, another state agency, or any federal, state or local law
enforcement official.
Section 10.09 Documentation. Contractor shall maintain appropriate documentation of all
notices required under these General Provisions.
ARTICLE XI
ASSURANCES AND CERTIFICATIONS
Section 11.01 Certification. Contractor certifies by execution of this Contract to the following:
a) it is not disqualified under 2 CFR 9376.935 or ineligible for participation in federal or
state assistance programs;
b) neither it, nor its principals, are presently debarred, suspended, proposed for debarment,
declared ineligible, or excluded from participation in this transaction by any federal or
state department or agency;
c) it has not knowingly failed to pay a single substantial debt or a number of outstanding
debts to a federal or state agency;
d) it is not subject to an outstanding judgment in a sui t against Contractor for collection of
the balance of a debt;
e) it is in good standing with all state and/or federal agencies that have a contracting or
regulatory relationship with Contractor;
f) that no person who has an ownership or controlling interest in Contractor or who is an
agent or managing employee of Contractor has been convicted of a criminal offense
related to involvement in any program established under Medicare, Medicaid, or a federal
block grant;
g) neither it, nor its principals have within the three-year period preceding this Contract, has
been convicted of or had a civil judgment rendered against them for commission of fraud
or a criminal offense in connection with obtaining, attempting to obtain, or performing a
private or public (federal, state or local) transaction or contract under a private or public
transaction, violation of federal or state antitrust statutes (including those proscribing
price-fixing between competitors, allocation of customers between competitors and bid-
rigging), or commission of embezzlement, theft, forgery, bribery, falsification or
destruction of records, making false statements or false claims, tax evasion, obstruction
of justice, receiving stolen property or any other offense indicating a lack of business
integrity or business honesty that seriously and directly affects the present responsibility
General Provisions (Core Subrecipient) 2010
17
of Contactor or its principals;
h) neither it, nor its principals is presently indicted or otherwise criminally or civilly charged
by a governmental entity (federal, state or local) with the commission of any of the
offenses enumerated in subsection g) of this section; and
i) neither it, nor its principals within a three-year period preceding this Contract has had one
or more public transaction (federal, state or local) terminated for cause or default.
Contractor shall include the certifications in this Article, without modification (except as
required to make applicable to the subcontractor), in all subcontracts and solicitations for
subcontracts. Where Contractor is unable to certify to any of the statements in this Article,
Contractor shall submit an explanation to the Division Contract Management Unit assigned to
the Program Attachment. If Contractor's status with respect to the items certified in this Article
changes during the term of this Contract, Contractor shall immediately notify the Division
Contract Management Unit assigned to the Program Attachment.
Section 11.02 Child Support Delinquencies. As required by Tex. Fam. Code S 231.006, a
child support obligor who is more than thirty (30) calendar days delinquent in paying child
support and a business entity in which the obligor is a sole proprietor, partner, shareholder, or
owner with an ownership interest of at least twenty-five percent (25%) is not eligible to receive
payments from state funds under a contract to provide property, materials, or services or receive
a state-funded grant or loan. If applicable, Contractor agrees to maintain its eligibility to receive
payments under this Contract, certifies that it is not ineligible to receive the payments specified
in this Contract, and acknov;ledges that this Contract may be terminated and payment may be
withheld if this certification is inaccurate.
Section 11,03 Authorization. Contractor certifies that it possesses legal authority to contract
for the services described in this Contract and that a resolution, motion or similar action has been
duly adopted or passed as an official act of the Contractor's governing body, authorizing the
binding of the organization under this Contract including all understandings and assurances
contained in this Contract, and directing and authorizing the person identified as the authorized
representative of the Contractor to act in connection with this Contract and to provide such
additional information as may be required.
Section 11.04 Gifts and Benefits Prohibited. Contractor certifies that it has not given, offered
to give, nor intends to give at any time hereafter, any economic opp0l1unity, present or future
employment, gift, loan, gratuity, special discount, trip, favor, service or anything of monetary
value to a DSHS or HHSC official or employee in connection with this Contract.
Section 11.05 Ineligibility to Receive the Contract. (a) Pursuant to Tex. Gov. Code S
2155.004 and federal law, Contractor is ineligible to receive this Contract if this Contract
includes financial participation by a person who received compensation from DSHS to
participate in developing, drafting or preparing the specifications, requirements, statement(s) of
work or Solicitation Document on which this Contract is based. Contractor certifies that neither
Contractor, nor its employees, nor anyone acting for the Contractor has received compensation
from DSHS for participation in the development, drafting or preparation of specifications,
requirements or statement(s) of work for this Contract or in the Solicitation Document on which
this Contract is based; (b) pursuant to Tex. Gov. Code SS 2155.006 and 2261.053, Contractor is
ineligible to receive this Contract, if the Contractor or any person who would have financial
General Provisions (Core Subrecipient) 20 I 0
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participation in this Contract has been convicted of violating federal law, or been assessed a
federal civil or administrative penalty, in connection with a contract awarded by the federal
government for relief, recovery or reconstruction efforts as a result of Hurricanes Rita or Katrina
or any other disaster occurring after September 24, 2005; (c) Contractor certifies that the
individual or business entity named in this Contract is not ineligible to receive the specified
Contract under Tex. Gov. Code SS 2155.004, 2155,006 or 2261.053, and acknowledges that this
Contract may be terminated and payment withheld if these certifications are inaccurate.
Section 11.06 Antitrust. Fursuant to 15 USC S 1, et seq. and Tex. Bus. & Comm. Code S
15,01, et seq, Contractor certifies that neither Contractor, nor anyone acting for the Contractor
has violated the antitrust laws of this state or federal antitrust laws, nor communicated directly or
indirectly regarding a bid with any competitor or any other person engaged in Contractor's line
of business for the purpose of substantially lessening competition in such line of business.
Section 11.07 Initiation and Completion of Work. Contractor certifies that it shall initiate and
complete the work under this Contract within the applicable time frame prescribed in this
Contract.
ARTICLE XII
GENERAL BUSINESS OPERATIONS OF CONTRACTOR
Section 12.01 Responsibilities and Restrictions Concerning Governing Body, Officers and
Employees, Contractor and its governing body shall bear full responsibility for the integrity of
the fiscal and programmatic management of the organization, This provision applies to all
organizations, including Section 501(c)(3) organizations as defined in the Internal Revenue
Service Code as not-for-profit organizations. Each member of Contractor's governing body shall
be accountable for all funds and materials received from Department. The responsibility of
Contractor's governing body shall also include accountability for compliance with Department
Rules, policies, procedures, and applicable federal and state laws and regulations; and correction
of fiscal and program deficiencies identified through self-evaluation and Department's
monitoring processes. Further, Contractor's governing body shall ensure separation of powers,
duties, and functions of governing body members and staff. Staff members, including the
executive director, shall not serve as voting members of the Contractor's governing body. No
member of Contractor's governing body, or officer or employee of Contractor shall vote for,
confirm or act to influence the employment, compensation or change in status of any person
related within the second degree of affinity or the third degree of consanguinity (as defined in
Tex. Gov. Code Chapter 573) to the member of the governing body or the officer or any
employee authorized to employ or supervise such person. This prohibition does not prohibit the
continued employment of a person who has been continuously employed for a period of two (2)
years prior to the election, appointment or employment of the officer, employee, or governing
body member related to such person in the prohibited degree. These restrictions shall also apply
to the governing body, officers and employees of Contractor's subcontractors, Ignorance of any
Contract provisions or other requirements contained or referred to in this Contract shall not
constitute a defense or basis for waiving or appealing such provisions or requirements.
Section 12.02 Management and Control Systems. Contractor shall comply with all the
requirements of the Department's Contractor's Financial Procedures Manual, and any of its
General Provisions (Core Subrecipient) 20 I 0
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"
subsequent amendments, which is available at the Department's web site:
http://www.dshs.state.tx.us/contracts. Contractor shall maintain an appropriate contract
administration system to insure that all terms, conditions, and specifications are met. Contractor
shall develop, implement, and maintain financial management and control systems that meet or
exceed the requirements of UGMS and adhere to procedures detailed in Department's
Contractor's Financial Procedures Manual. Those requirements shall include, at a minimum, the
following:
a) financial planning, including the development of budgets that adequately reflect all
functions and resources necessary to carry out authorized activities and the adequate
determination of costs;
b) financial management systems that include accurate accounting records that are
accessible and identify the source and application of funds provided under each Program
Attachment of this Contract, and original source documentation substantiating that costs
are specifically and solely allocable to the Program Attachment and are traceable from
the transaction to the general ledger; and .
c) effective internal and budgetary controls; comparison of actual costs to budget;
determination of reasonableness, allowableness, and allocability of costs; timely and
appropriate audits and resolution of any findings; billing and collection policies; and a
mechanism capable of billing and making reasonable efforts to collect from clients and
third parties.
Section 12,03 Insurance. Contractor shall maintain insurance or other means of repairing or
replacing assets purchased with Department funds. Contractor shall repair or replace with
comparable equipment any such equipment not covered by insurance that is lost, stolen,
damaged or destroyed. If any insured equipment purchased with DSHS funds is lost, stolen,
damaged or destroyed, Contractor shall notify the Division Contract Management Unit assigned
to the Program Attachment to obtain instructions whether to submit and pursue an insurance
claim. Contractor shall use any insurance proceeds to repair the equipment or replace the
equipment with comparable equipment or remit the insurance proceeds to DSHS,
Section 12,04 Fidelity Bond. For the benefit of DSHS, Contractor is required to carry a fidelity
bond or insurance coverage equal to the amount of funding provided under this Contract up to
$100,000 that covers each employee of Contractor handling funds under this Contract, including
person(s) authorizing payment of such funds. The fidelity bond or insurance shall provide for
indemnification of losses occasioned by (I) any fraudulent or dishonest act or acts committed by
any of Contractor's employees, either individually or in concert with others, and/or (2) failure of
Contractor or any of its employees to perform faithfully his/her duties or to account properly for
all monies and property received by virtue of his/her position or employment. The bond or
insurance acquired under this section must include coverage for third palty property and include
DSHS as a loss payee or equivalent designation, Contractor shall notify, and obtain prior
approval from, the DSHS Contract Oversight and Support Section before settling a claim on the
fidelity bond or insurance.
Section 12,05 Liability Coverage. For the benefit of DSHS, Contractor shall also maintain
I iabi Ii ty insurance coverage, referred to in Tex. Gov. Code S 2261, 102, as "director and officer
liability coverage" or similar coverage for all persons in management or governing positions
within Contractor's organization or with management or governing authority over Contractor's
General Provisions (Core Subrecipient) 2010
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?rganization (collectively "responsible persons"). Contractor shall ensure that the policy
Il1cludes Property of Others coverage with respect to funds and other property of the State related
to this Contract, and includes DSHS as a loss payee on the policy. Contractor must maintain
copies of liability policies on site for inspection by DSHS and shall submit copies of policies to
DSHS upon request. This section applies to entities that are organized as non-profit corporations
under the Texas Non-Profit Corporation Act; for-profit corporations organized under the Texas
Business Corporations Act; and any other legal entity. Contractor shall maintain liability
insurance coverage in an amount not less than the total value of this Contract and that is
sufficient to protect the interests of Depm1ment in the event an actionable act or omission by a
responsible person damages Department's interests. Contractor shall notify, and obtain prior
approval from, the DSHS Contract Oversight and Support Section before settling a claim on the
Il1surance.
Section 12.06 Overtime Compensation. Except as provided in this section, Contractor shall
not use any of the funds provided by this Contract to pay the premium portion of overtime.
Contractor shall be responsible for any obligations of premium overtime pay due employees.
Premium overtime pay is defined as any compensation paid to an individual in addition to the
employee's normal rate of pay for hours worked in excess of normal working hours. Funds
provided under this Contract may be used to pay the premium portion of overtime only under the
following conditions: 1) with the prior approval of DSHS; 2) temporarily, in the case of an
emergency or an occasional operational bottleneck; 3) when employees are performing indirect
functions, such as administration, maintenance, or accounting; 4) in performance of tests,
laboratory procedures, or similar operations that are continuous in nature and cannot reasonably
be interrupted or otherwise completed; or 5) when lower overall cost to DSHS will result.
Section 12.07 Program Site. All Contractors shall ensure that the location where services are
provided is in compliance with all applicable local, state and federal zoning, building, health,
fire, and safety standards.
Section 12.08 Cost Allocation Plan. Contractor shall submit a Cost Allocation Plan in the
format provided in the Department's Contractor's Financial Procedures Manual to the
Department's Contract Oversight and Support Section, at Mail Code 1326, P.O. Box ]49347,
Austin, Texas 787]4-9347, no later than the 60th calendar day after the effective date of the
Contract, except under the circumstance where a Contractor has a current Cost Allocation Plan
on file with the Department. Contractor shall implement and follow the applicable Cost
Allocation Plan. If Contractor's plan is the same as in the previous year, by signing this
Contract, Contractor certifies that its CUlTent Cost Allocation Plan for the current year is the same
as that submitted to DSHS for the previous year. In the event that the Cost Allocation Plan
changes during the Contract term, Contractor must submit a new Cost Allocation Plan to the
Contract Oversight and Support Section within thit1y (30) calendar days after the effective date
of the change. Cost Allocation Plan must comply with the guidelines provided in the
Department's Contractor's Financial Procedures Manual located at
hUp:/ /www.dshs.state.tx.us/.::ontracts. .
Section 12.09 Reporting for Unit Rate and Fee-For-Service Contracts. Contractor shall
submit reports concerning unit rate and fee-for-service contracts to the Department in accordance
General Provisions (Core Subrecipient) 20 I 0
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with the requiremet1ts stated in the Department's Contractor's Financial Procedures Manual
located at http://www.dshs.statc.tx.us/contracts.
Section 12.10 Historically Undcrutilized Busincsses (HUBs). If Contractor was not required to
submit a HUB subcontractii;g plan and if subcontracting is permitted under this Program
Attachment, Contractor is encouraged to make a good faith effort to consider subcontracting with
HUBs in accordance with Tex. Gov. Code Chapter 2161 and 34 Tex. Admin. Code ~ 20.14 et
seq. Contractors may obtain a list of HUBs at
http://www.window.state.tx.us/procurement/prog/hub. If Contractor has filed a HUB
subcontracting plan, the plan is incorporated by reference in this Contract. If Contractor desires
to make a change in the plan, Contractor must obtain prior approval from the Department's HUB
Coordinator of the revised plan before proposed changes will be effective under this Contract.
Contractor agrees to make a good faith effort to subcontract with HUBs during the performance
of this Contract and shall report HUB subcontract activity to the Department's HUB Coordinator
by the 15th day of each month for the prior month's activity, if there was any such activity, in
accordance with 34 Tex. Admin. Code ~ 20.16(c).
Section 12.11 Buy Texas. Contractor shall purchase products and materials produced in Texas
when the products and materials are available at a price and time comparable to products and
materials produced outside of Texas as required by Tex. Gov. Code S 2155.4441.
Section 12.] 2 Contracts with Subrecipicnt Subcontractors. Contractor may enter into
contracts with subrecipient subcontractors unless restricted or otherwise prohibited in a specific
Program Attachment(s). Prior to entering into an agreement equaling or exceeding $100,000,
Contractor shall obtain written approval from DSHS. Contracts with subcontractors shall be in
writing and include the following:
a) name and address of all parties;
b) a detailed description of the services to be provided;
c) measurable method ~nd rate of payment and total amount of contract;
d) clearly defined and executable termination clause;
e) beginning and ending dates that coincide with the dates of the applicable Program
Attachment(s) or that cover a term within the beginning and ending dates of the
applicable Program Attachment(s);
f) access to inspect the work and the premises on which any work is performed, in
accordance with the Access and Inspection Article in these General Provisions; and
g) a copy of these General Provisions and a copy of the Statement of Work and any other
provisions in the Program Attachment(s) applicable to the subcontract.
Contractor is responsible to DSHS for the performance of any subcontractor. Contractor shall
monitor subcontractors for both financial and programmatic performance and shall maintain
pertinent records that must be available for inspection by DSHS. Contractor shall ensure that
subcontractors are fully aware of the requirements placed upon them by state/federal statutes,
rules, and regulations and under this Contract. Contractor shall not contract with a
subcontractor, at any tier, that is debarred or suspended or excluded from or ineligible for
participation in federal assistance programs.
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Section 12.13 Status of Subcontractors. Contractor shall include in all its contracts with
subcontractors, the certifications stated in the Assurances and Certifications Article of these
General Provisions. Contractor shall also require all subcontractors to certify that they are not
delinquent on any repaymeut agreements; have not had a required license or certification
revoked; and have not had a contract terminated by the Department. Contractors shall further
require that subcontractors certify that they have not voluntarily surrendered within the past three
(3) years any license issued by the Department.
Section 12.14 Incorporation of Terms. Contractor shall ensure that all written agreements
with subrecipient subcontractors incorporate the terms of this Contract, and provide that the
subcontractor is subject to audit by DSHS, HHSC and the SAO.
Section 12.15 Independent Contractor. Contractor is an independent contractor. Contractor
shall direct and be responsible for the performance of its employees, subcontractors, joint
venture participants or agents. Contractor is not an agent or employee of the Department or the
State of Texas for any purpose whatsoever. For purposes of this Contract, Contractor
acknowledges that its employees, subcontractors, joint venture participants or agents will not be
eligible for unemployment compensation from the Department or the State of Texas.
Section 12.16 Authority to Bind. The person or persons signing this Contract on behalf of
Contractor, or representing themselves as signing this Contract on behalf of Contractor, warrant
and guarantee that they have been duly authorized by Contractor to execute this Contract for
Contractor and to validly and legally bind Contractor to all of its terms.
Section 12.17 Tax Liability. Contractor shall comply with all state and federal tax laws and is
solely responsible for filing all required state and federal tax forms and making all tax payments.
In the event that the Department discovers that Contractor has failed to remain current on a
liability to the IRS, this Contract will be subject to remedies and sanctions under this Contract,
including immediate termination at the Department's discretion. In the event of Contract
termination under this section, the Department will not enter into a contract with Contractor for
three (3) years from the date of termination.
Section 12. I 8 Notice of Organizational Change. Contractor shall submit written notice to the
Division Contract Management Unit assigned to the Program Attachment within ten (10)
business days of any change to the following: Contractor's name; contact information; key
personnel, officer, director or partner; organizational structure; legal standing; or authority to do
business in Texas. A change in Contractor's name requires an amendment to this Contract in
accordance with the Amendments section of these General Provisions.
Section 12. I 9 Quality Management. Contractor shall comply with quality management
requirements as directed by the Depat1ment.
Section 12.20 Equipment (Including Controlled Assets) Purchases. Equipment means an
article of nonexpendable, tangible personal property having a useful lifetime of more than one
year and an acquisition cost of $5,000 or more, and "controlled assets." Controlled assets
include firearms regardless of the acquisition cost, and the following assets with an acquisition
cost of $500 or more: desktop and laptop computers, non-p0l1able printers and copiers,
General Provisions (Core Subrecipient) 2010
23
emergency management equipment, communication devices and systems, medical and
laboratory equipment, and media equipment.. Contractors on a cost reimbursement payment
method shall inventory all equipment. If the purchase of equipment is approved in writing by the
Department, Contractor is required to initiate the purchase of that equipment in the first quarter
of the Contract or Program Attachment term, as applicable. Failure to initiate the purchase of
equipment may result in loss of availability of funds for the purchase of equipment. Requests to
purchase previously approved equipment after the first quarter of the Program Attachment must
be submitted to the Division Contract Management Unit assigned to the Program Attachment.
Section 12.21 Supplies. Supplies are defined as consumable items necessary to carry out the
services under this Contract including medical supplies, drugs, janitorial supplies, office
supplies, patient educational supplies, software, and any items of tangible personal property
other than those defined as equipment above.
Section 12.22 Changes to Equipment List. All items of equipment purchased with funds
under this Contract shall be itemized in Contractor's equipment list as finally approved by the
Department in the executed Contract. Any changes to the approved equipment list in the
executed Contract must be approved in writing by Department prior to the purchase of
equipment. Contractor shall submit to the Division Contract Management Unit assigned to the
Program Attachment, a written description including complete product specifications and need
justification prior to purchasing any item of unapproved equipment. If approved, Department
will acknowledge its approval by means of a written amendment or by written acceptance of
Contractor's Contract Revision Request, as appropriate.
Section 12.23 Equipment Inventory and Protection of Assets. Contractor shall maintain an .
inventory of equipment and submit an annual cumulative report to the Department's Contract
Oversight and Support Section, Mail Code 1326, P.O. Box 149347, Austin, Texas 78714-9347,
no later than October 15th of each year. The report is located on the DSHS website at
http://www.dshs.state.tx.us/contracts/forms.shtm. Contractor shall administer a program of
maintenance, repair, and protection of assets under this Contract so as to assure their full
availability and usefulness. In the event Contractor is indemnified, reimbursed, or otherwise
compensated for any loss of, destruction of, or damage to the assets provided under this Contract,
Contractor shall use the proceeds to repair or replace those assets.
Section 12.24 Bankruptcy. In the event of bankruptcy, Contractor shall sever Department
property, equipment, and supplies in possession of Contractor from the bankruptcy, and title
shall revert to Department. If directed by DSHS, Contractor shall return all such property,
equipment and supplies to DSHS. Contractor shall ensure that its subcontracts, if any, contain a
specific provision requiring that in the event the subcontractor's bankruptcy, the subcontractor
must sever Department property, equipment, and supplies in possession of the subcontractor
from the bankruptcy, and title reverts to Department, who may require that the property,
equipment and supplies be returned to DSHS.
Section 12.25 Title to Property. At the conclusion of the contractual relationship between the
Department and the Contractor, for any reason, title to any remaining equipment and supplies
purchased with funds under this Contract reverts to Department. Title may be transferred to any
General Provisions (Core Subrecipient) 2010
24
other party designated by Department. The Department may, at its option and to the extent
allowed by law, transfer the reversionary interest to such property to Contractor.
Section 12.26 Property Acquisitions. Depat1ment funds may not be used to purchase buildings
or real propel1y. Any costs related to the initial acquisition of the buildings or real property are
not allowable.
Section 12.27 Disposition of Property. Contractor shall follow the procedures in the American
Hospital Association's (AHA's) "Estimated Useful Lives of Depreciable Hospital Assets" in
disposing, at any time during or after the Contract term, of equipment purchased with the
Department funds, except when federal or state statutory requirements supersedes or when the
equipment requires licensure or registration by the state, or when the acquisition price of the
equipment is equal to or greater than $5,000. All other equipment not listed in the AHA
reference (other than equipment that requires licensure or registration or that has an acquisition
cost equal to or greater than $5,000) shall be controlled by the requirements of UGMS. If, prior
to the end of the useful life, any item of equipment is no longer needed to perform services under
this Contract, or becomes inoperable, or if the equipment requires licensure or registration or had
an acquisition price equal to or greater than $5,000, Contractor shall request disposition approval
and instructions in writing from the Division Contract Management Unit assigned to the Program
Attachment. After an item reaches the end of its useful life, Contractor must ensure that
disposition of any equipment is in accordance with Generally Accepted Accounting Principles,
and any applicable federal guidance.
Section 12.28 Closeout of Equipment. At the end of the term of a Program Attachment that
has no additional renewals or that will not be renewed (Closeout) or when a Program Attachment
is otherwise terminated, CO'1tractor shall submit to the Division Contract Management Unit
assigned to the Program Attachment, an inventory of equipment purchased with Department
funds and request disposition instructions for such equipment. All equipment purchased with
Department funds shall be secured by the Contractor at the time of Closeout or termination of the
Program Attachment and shall be disposed of according to the Department's disposition
instructions, which may include return of the equipment to DSHS or transfer of possession to
another DSHS contractor, at the Contractor's expense.
Section 12.29 Assets as Collateral Prohibited. Contractors on a cost reimbursement payment
method shall not encumber equipment purchased with Department funds without prior written
approval from the Department.
ARTICLE XIII
GENERAL TERMS
Section 13.0 I Assignment. Contractor shall not transfer, assign, or sell its interest, in whole or
in part, in this Contract, or in any equipment purchased with funds from this Contract, without
the prior written consent of the Department.
Section 13.02 Lobbying. Contractor shall comply with Tex. Gov Code ~ 556.0055, which
prohibits contractors who receive state funds from using those funds to pay lobbying expenses.
Further, Contractor shall not use funds paid under this Contract to pay any person for influencing
or attempting to influence an officer or employee of any federal or state agency, a member of
General Provisions (Core Sllbrecipient) 2010
25
Congress, an officer or employee of Congress, or an employee of a member of Congress in
connection with the awarding of any contract or the extension, continuation, renewal,
amendment, or modification of any contract (31 USC ~ 1352 and UGMS). If at any time this
Contract exceeds $100,000 offederal funds, Contractor shall file with the Division Contract
Management Unit assigned to the Program Attachment a declaration containing the name of any
registrant under the Lobbying Disclosure Act of 1995 who has made lobbying contacts on behalf
of Contractor in connection with this Contract, a certification that none of the funds provided by
Department have been or will be used for payment to lobbyists, and disclosure of the names of
any and all registered lobbyists with whom Contractor has an agreement. Contractor shall file
the declaration, certification, and disclosure at the time of application for this Contract; upon
execution of this Contract unless Contractor previously filed a declaration, certification, or
disclosure form in connection with the award; and at the end of each calendar quarter in which
there occurs any event that materially affects the accuracy of the information contained in any
declaration, certification, or disclosure previously filed. Contractor shall require any person who
requests or receives a subcontract to file the same declaration, certification, and disclosure with
the Division Contract Management Unit assigned to the Program Attachment. Contractor shall
also comply, as applicable, with the lobbying restrictions and requirements in OMB Circulars A-
122 Attachment B paragraph 25; A-87 Attachment B section 27; A-IIO section_.27 and A-21
paragraphs 17 and 24. Contractor shall include this provision in any subcontracts.
Section 13.03 Conflict of Interest. Contractor represents to the Department that it does not
have nor shall it knowingly acquire any financial or other interest that would conflict in any
manner with the performance of its obligations under this Contract. Potential conflicts of interest
include, but are not limited to, an existing or potential business or personal relationship between
Contractor, its principal (or a member of the principal's immediate family), or any affiliate or
subcontractor and Department or HHSC, their commissioners, officers or employees, or any
other entity or person involved in any way in any project that is the subject of this Contract.
Contractor shall establish safeguards to prohibit employees from using their positions for a
purpose that constitutes or presents the appearance of personal or organizational conflict of
interest or personal gain.
Section 13.04 Transactions Between Related Parties. Contractor shall identify and report to
DSHS any transactions between Contractor and a related party that is part of the work that the
Department is purchasing under this Contract before entering into the transaction or immediately
upon discovery. Contractor shall submit to the Division Contract Management Unit assigned to
the Program Attachment the name, address and telephone number of the related party, how the
party is related to the Contractor and the work the related party will perform under this Contract.
A related party is a person or entity related to the Contractor by blood or malTiage, common
ownership or any association that permits either to significantly influence or direct the actions or
policies of the other. The Contractor, for purposes of reporting transactions between related
parties, includes the entity contracting with the Department under this Contract as well as the
chief executive officer, chief financial officer and program director of the Contractor. Contractor
shall comply with Tex. Gov. Code Chapter 573. Contractor shall maintain records and supply
any additional information requested by the Department, regarding a transaction between related
parties, needed to enable the Department to determine the appropriateness of the transaction
pursuant to applicable state or federal law, regulations or circulars, which may include 45 CFR
part 74, OMB Circ. No. A-I 10, 2 CFR S 215.42, and UGMS.
General Provisions (Core Subrecipient) 20 I 0
26
Section 13.05 Intellectual Property. Tex. Health & Safety Code ~ 12.020 authorizes DSHS to
protect intellectual property developed as a result of this Contract.
a) "Intellectual property" means created property that may be protected under copyright,
patent, or trademark/service mark law.
b) For purposes of this Contract intellectual property prepared for DSHS use, or a work
specially ordered or commissioned through a contract for DSHS use is "work made for
hire." DSHS owns works made for hire unless it agrees otherwise by contract. To the
extent that title and interest to any such work may not, by operation of law, vest in DSHS,
or such work may not be considered a work made for hire, Contractor irrevocably assigns
the rights, title and interest therein to DSHS. DSHS shall have the right to obtain and
hold in its name any and all patents, copyright, registrations or other such protections as
may be appropriate to the subject matter, and any extensions and renewals thereof.
Contractor must give DSHS and the State of Texas, as well as any person designated by
DSHS and the State of Texas, all assistance required to perfect the rights defined herein
without charge or expense beyond those amounts payable to Contractor for goods
provided or services rendered under this Contract.
c) If federal funds are used to finance activities supported by this Contract that result in the
production of intellectual property, the federal awarding agency reserves a royalty-free,
nonexclusive, and irrevocable license to reproduce, publish, or otherwise use, and to
authorize others to use, for federal government purposes (1) the copyright in any
intellectual property developed under this Contract, including any subcontract; and (2)
any rights of copyright to which a Contractor purchases ownership with contract funds.
Contractor shall place an acknowledgment of federal awarding agency grant support and
a disclaimer, as appropriate, on any publication written or published with such support
and, if feasible, on any publication reporting the results of or describing a grant-supported
activity. An acknowledgment shall be to the effect that "This publication was made
possible by grant number _ from (federal awarding agency)" or "The project
described was supported by grant number from
(federal awarding agency)" and "Its contents are solely the responsibility of the authors
and do not necessarily represent the official views of the (federal awarding agency)."
d) In the event the terms of a federal grant award the copyright to Contractor, DSHS
reserves a royalty-free, nonexclusive, worldwide and irrevocable license to reproduce,
publish or otherwise use, and to authorize others to use, for DSHS, public health, and
state governmental noncommercial purposes (1) the copyright, trademark, service mark,
and/or patent on an invention, discovery, or improvement to any process, machine,
manufacture, or composition of matter; products; technology; scientific information;
trade secrets; and computer software, in any work developed under a grant, subgrant, or
contract under a grant or subgrant; and (2)
any rights of copyright, service or trade marks or patents to which a grantee, subgrantee
or a Contractor purchases ownership with contract funds.
e) If the results of the contract performance are subject to copyright law, the Contractor
cannot publish those results without prior review and approval of DSHS. Contractor shall
submit requests for review and approval to the Division Contract Management Unit
assigned to the Program Attachment.
General Provisions (Core Subrecipient) 2010
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Section 13.06 Other Intangible Property. At the conclusion of the contractual relationship
between Department and the Contractor, for any reason, Department shall have the sole
ownership rights and interest in all non-copyrightable intangible property that was developed,
produced or obtained by Contractor as a specific requirement under this Contract or under any
grant that funds this Contract, such as domain names, URLs, etc. Contractor shall cooperate
with Department and perform all actions necessary to transfer ownership of such property to the
Depat1ment or its designee, or otherwise affirm Department's ownership rights and interest in
such property. This provisivn shall survive the termination or expiration of this Contract.
Section 13.07 Severability and Ambiguity. If any provision of this Contract is construed to be
illegal or invalid, the illegal or invalid provision will be deemed stricken and deleted to the same
extent and effect as if never incorporated, but all other provisions will continue. The Parties
represent and agree that the language contained in this Contract is to be construed as jointly
drafted, proposed and accepted.
Section 13.08 Legal Notice. Any notice required or permitted to be given by the provisions of
this Contract shall be deemed to have been received by a Party on the third business day after the
date on which it was mailed to the Party at the address specified by the Party to the other Party in
writing or, if sent by certified mail, on the date of receipt.
Section 13.09 Successors. This Contract shall be binding upon the Parties and their successors
and assignees, except as expressly provided in this Contract.
Section 13.10 Headings. The articles and section headings used in this Contract are for
convenience of reference only and shall not be construed in any way to define, limit or describe
the scope or intent of any provisions.
Section 13.1 I Parties. The Parties represent to each other that they are entities fully familiar
with transactions of the kind reflected by the contract documents, and are capable of
understanding the terminology and meaning of their terms and conditions and of obtaining
independent legal advice pertaining to this Contract.
Section 13.12 Survivability of Terms. Termination or expiration of this Contract or a Program
Attachment for any reason shall not release either Party from any liabilities or obligations set
forth in this Contract that (a) the Parties have expressly agreed shall survive any such termination
or expiration, or (b) remain to be performed or (c) by their nature would be intended to be
applicable following any such termination or expiration.
Section 13.13 Direct Operation. At the Department's discretion, the Department may
temporarily assume operations of a Contractor's program or programs funded under this Contract
when the continued operation of the program by Contractor puts at risk the health or safety of
clients and/or participants served by the Contractor.
Section 13.14 Customer Service Information. If requested, Contractor shall supply such
information as required by the Department to comply with the provisions of Tex. Gov. Code
Chapter 2114 regarding Customer Service surveys.
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28
Section 13.15 Amendment. Parties agree that the Department Illay unilaterally reduce funds
pursuant to the terms of this Contract without the written agreement of Contractor. All other
amendments to this Contract must be in writing and agreed to by both Parties, except as
otherwise specified in the Contractor's Notification of Change to Certain Contract Provisions
section or the Contractor's Request for Revision to Certain Contract Provisions section of this
Article. Contractor's request for certain budget revisions or other amendments must be
submitted in writing, includ;ng a justification for the request, to the Division Contract
Management Unit assigned to the Program Attachment; and if a budget revision or amendment is
requested during the last quarter of the Contract or Program Attachment term, as applicable,
Contractor's written justification must include a reason for the delay in making the request.
Revision or other amendment requests may be granted at the discretion of DSHS. Except as
otherwise provided in this Article, Contractor shall not perform or produce, and DSHS shall not
pay for the performance or production of, different or additional goods, services, work or
products except pursuant to an amendment of this Contract that is executed in compliance with
this section; and DSHS may not waive any term, covenant, or condition of this Contract unless
by amendment or otherwise in compliance with this Article.
Section 13.16 Contractor's Notification of Change to Certain Contract Provisions. The
following changes may be made to this Contract without a written amendment or the
Department's prior approval:
a) contractor's contact person and contact information;
b) contact information for key personnel, as stated in Contractor's response to the
Solicitation Document, if any;
c) cumulative budget line item transfers that exceed 10% among direct cost categories, other
than the equipment category, of cost reimbursement contract Program Attachments of
less than $ 1 00,000, provided that the total budget amount is unchanged;
d) minor corrections or clarifications to the Contract language that in no way alter the scope
of work, objectives or performance measures; and
e) a change in the Contractor's share of the budget concerning non-DSHS funding other
than program income and match, regardless of the amount of the change, provided that in
changing the budget, Contractor is not supplanting DSHS funds.
Contractor within ten (10) calendar days shall notify in writing the Division Contract
Management Unit assigned to the Program Attachment of any change enumerated in this section.
The notification may be by letter, fax or email. Cumulative budget line item transfers of 10% or
less among direct cost categories, other than equipment, of cost reimbursement contracts of any
amount do not require written amendment or prior approval or notification.
Section 13.17 Contractor's Request for Revision of Certain Contract Provisions. A
Contractor's Revision Request is an alternative method for amending certain specified provisions
of this Contract that is initiated by the Contractor, but must be approved by DSHS. The
following amendments to this Contract may be made through a Contractor's Revision Request,
rather than through the amendment process described in the Amendment section of this Article:
a) cumulative budget line item transfers among direct cost categories, other than the
equipment category, that exceed 10% of Program Attachments of $100,000 or more,
provided that the total budget amount is unchanged;
General Provisions (Core Subrecipient) 2010
29
b) line item transfer to other categories of funds for direct payment to trainees for training
allowances;
c) change in clinic hours or location;
d) change in equipment list substituting an item of equipment equivalent to an item of
equipment on the approved budget, (For example, purchase of XYZ brand computer
instead of approved ABC brand computer with essentially identical features as the XYZ
computer);
e) changes in the equipment category of a previously approved equipment budget (other
than acquisition of additional equipment, which requires an amendment to this Contract);
f) changes specified in applicable OMB Circular cost principles as requiring prior approval,
regardless of dollar threshold (e.g., foreign travel expenses, overtime premiums,
membership fees); and
g) changes to community sites, independent school districts or schools, in substance abuse
Program Attachments.
In order to request a revision of any of the enumerated provisions, Contractor shall obtain a
Contract Revision Request form from the DSHS website and complete the form as directed by
the Department. Two copies of the completed form must be signed by Contractor's
representative who is authorized to sign contracts on behalf of Contractor, and both original,
signed forms must be submitted to the Division Contract Management Unit assigned to the
Program Attachment. Any approved revision will not be effective unless signed by the DSHS
Director of the Client Services Contracting Unit. A separate Contractor Revision Request is
required for each Program Attachment to be revised. Circumstances of a requested contract
revision may indicate the need for an amendment described in the Amendment section of this
Article rather than a contract revision amendment under this section.
Section 13.18 Immunity Not Waived. THE PARTIES EXPRESSLY AGREE THAT NO
PROVISION OF THIS CONTRACT IS IN ANY WAY INTENDED TO CONSTITUTE A
WAIVER BY DEPARTMENT OR THE STATE OF TEXAS OF ANY IMMUNITIES FROM
SUIT OR FROM LIABILITY THAT DEPARTMENT OR THE STATE OF TEXAS MAY
HAVE BY OPERATION OF LAW.
Section 13.19 Hold Harmless and Indemnification. Contractor, as an independent contractor,
agrees to hold Department, the State of Texas, individual state employees and officers, and the
federal government harmless and to indemnify them from any and all liability, suits, claims,
losses, damages and judgments, and to pay all costs, fees, and damages to the extent that such
costs, fees, and damages arise from performance or nonperformance of Contractor, its
employees, subcontractors, joint venture participants or agents under this Contract.
Section 13.20 Waiver. Acceptance by either Party of partial performance or failure to complain
of any action, non-action or default under this Contract shall not constitute a waiver of either
Party's rights under this Contract.
Section 13.21 Electronic and Information Resources Accessibility Standards. As required
by I Tex. Admin. Code Chapter 213, as a state agency, DSHS must procure products that
comply with the State of Texas Accessibility requirements for Electronic and Information
Resources specified in I Tex. Admin. Code Chapter 213 when such products are available in the
General Provisions (Core Subrecipient) 2010
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commercial marketplace or when such products are developed in response to a procurement
solicitation. If performance under this Contract includes the development, modification or
maintenance of a website or other electronic and information resources for DSHS or for the
public on behalf of DSHS, Contractor shall provide the Depal1ment of Information Resources
(DIR) with the URL to its Voluntary Product Accessibility Template (VPA T) for reviewing
compliance with the State of Texas Accessibility requirements (based on the federal standards
established under Section 508 of the Rehabilitation Act), or indicate that the product/service
accessibility information is available from the General Services Administration "Buy Accessible
Wizard" ( http://www.buyaccessible.gov). Contractors not listed with the "Buy Accessible
Wizard" or supplying a URL to their VPAT must provide DIR with a report that addresses the
same accessibility criteria in substantively the same format. Additional information regarding
the "Buy Accessible Wizard" or obtaining a copy of the VPAT is located at
http://www.section508.gov/.
Section 13.22 Force Majeure. Neither Party will be liable for any failure or delay in
performing all or some of its obligations, as applicable, under this Contract if such failure or
delay is due to any cause beyond the reasonable control of such Party, including, but not limited
to, extraordinarily severe weather, strikes, natural disasters, fire, civil disturbance, epidemic, war,
court order, or acts of God. The existence of any such cause of delay or failure will extend the
period of performance in the exercise of reasonable diligence until after the cause of the delay or
failure has been removed and, if applicable, for any reasonable period of time thereafter required
to resume performance. A Party, within a period of time reasonable under the circumstances,
must inform the other by any reasonable method (phone, email, etc.) and, as soon as practicable,
must submit written notice with proof of receipt, of the existence of a force majeure event or
otherwise waive the right as a defense to non-performance.
Section 13.23 Interim Contracts. The Parties agree that the Contract and/or any of its Program
Attachments shall automatically continue as an "Interim Contract" beyond the expiration date of
the term of the Contract or Program Attachment(s), as applicable, under the following
circumstances: (1) on or Sh0l11y prior to the expiration date of the Contract or Program
Attachment, there is a state of disaster declared by the Governor that affects the ability or
resources of the DSHS contract or program staff managing the Contract to complete in a timely
manner the extension, renewal, or other standard contract process for the Contract or Program
Attachment; and (2) DSHS makes the determination in its sole discretion that an Interim
Contract is appropriate under the circumstances. DSHS shall notify Contractor promptly in
writing if such a determination is made. The notice will specify whether DSHS is extending the
Contract or Program Attachment for additional time for Contractor to perform or complete the
previously contracted goods and services (with no new or additional funding) or is purchasing
additional goods and services as described in the Program Attachment for the term of the Interim
Contract, or both. The notice will include billing instructions and detailed information on how
DSHS will fund the goods or services to be procured during the Interim Contract term. The
Interim Contract will terminate thirty (30) days after the disaster declaration is terminated unless
the Parties agree to a shorter period of time.
General Provisions (Core Subrecipient) 2010
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""
ARTICLE XIV
BREACH OF CONTRACT AND REMEDIES FOR NON-
COMPLIANCE
Section 14.0 I Actions Constituting Breach of Contract. Actions or inactions that constitute
breach of contract include, but are not limited to, the following:
a) failure to properly provide the services and/or goods purchased under this Contract;
b) failure to comply with any provision of this Contract, including failure to comply with all
applicable statutes, rules or regulations;
c) failure to pay refunds or penalties owed to the Department;
d) failure to comply with a repayment agreement with the Department or agreed order
issued by the Department;
e) failure by Contractor to provide a full accounting of funds expended under this Contract;
f) discovery of a material misrepresentation in any aspect of Contractor's application or
response to the Solicitation Document;
g) any misrepresentation in the assurances and certifications in the Contractor's application
or response to the Solicitation Document or in this Contract; or
h) Contractor is on or is added to the Excluded Parties List System (EPLS).
Section 14.02 General Remedies and Sanctions. The Department will monitor Contractor for
both programmatic and financial compliance. The remedies set forth below are available to the
Department against Contractor and any entity that subcontracts with Contractor for provision of
services or goods. HHSC OIG may investigate, audit and impose or recommend imposition of
sanctions to Department for any breach of this Contract and may monitor Contractor for financial
compliance. The Department may impose one or more remedies or sanctions for each item of
noncompliance and will determine sanctions on a case-by-case basis. Contractor is responsible
for complying with all of the terms of this Contract. The listing of or use of one or more of the
remedies or sanctions listed below does not relieve Contractor of any obligations under this
Contract. A state or federal statute, rule or regulation, or federal guideline will prevail over the
provisions of this Article unless the statute, rule, regulation, or guideline can be read together
with the provision(s) of this Article to give effect to both. If the Contractor breaches this
Contract by failing to comply with one or more of the terms of this Contract, including but not
limited to compliance with applicable statutes, rules or regulations, the Department may take one
or more of the actions listed below:
a) terminate this Contract or a Program Attachment of this Contract as it relates to a specific
program type. In the case of termination, the Department will inform Contractor of the
termination no less than thirty (30) calendar days before the effective date of the
termination in a notice of termination, except for circumstances that require immediate
termination as described in the Emergency Action section of this Article. The notice of
termination will state the effective date of the termination, the reasons for the
termination, and, if applicable, alert the Contractor of the opportunity to request a hearing
on the termination pursuant to Tex. Gov. Code Chapter 2105 regarding administration of
Block Grants. The Contractor agrees that it shall not make any claim for payment or
reimbursement for services provided from the effective date of termination;
b) suspend all or part of this Contract. Suspension is, depending on the context, either (I)
the temporary withdrawal of Contractor's authority to obligate funds pending corrective
action by Contractor or its subcontractor(s) or pending a decision to terminate or amend
General Provisions (Core Subrecipient) 20 I 0
32
this Contract, or (2) an action taken by the Department to immediately exclude a person
from participating ip contract transactions for a period of time, pending completion of an
investigation and such legal or debarment proceedings as may ensue. Contractor may not
bill DSHS for services performed during suspension, and Contractor's costs resulting
from obligations incurred by Contractor during a suspension are not allowable unless
expressly authorized by the notice of suspension;
c) deny additional or future contracts with Contractor;
d) reduce the funding amount for failure to 1) provide goods and services as described in
this Contract or consistent with Contract performance expectations, 2) achieve or
maintain the proposed level of service, 3) expend funds appropriately and at a rate that
will make full use of the award, or 4) achieve local match, if required;
e) disallow costs and credit for matching funds, if any, for aU or part of the activities or
action not in compliance;
f) temporarily withhold cash payments. Temporarily withholding cash payments means the
temporary withholding of a working capital advance, if applicable, or reimbursements or
payments to Contractor for proper charges or obligations incurred, pending resolution of
issues of noncompliance with conditions of this Contract or indebtedness to the United
States or to the State of Texas;
g) permanently withhold cash payments. Permanent withholding of cash payment means
that Department retains funds billed by Contractor for (1) unallowable, undocumented,
disputed, inaccurate, improper, or erroneous billings; (2) material failure to comply with
Contract provisions; or (3) indebtedness to the United States or to the State of Texas;
h) declare this Contract void upon the Department's determination that this Contract was
obtained fraudulently or upon the Department's determination that this Contract was
illegal or invalid from this Contract's inception and demand repayment of any funds paid
under this Contract;
i) request that Contractor be removed from the Centralized Master Bidders List (CMBL) or
any other state bid list, and barred from participating in future contracting opportunities
with the State of Texas;
j) delay execution of a new contract or contract renewal with Contractor while other
imposed or proposed sanctions are pending resolution;
k) place Contractor on probation. Probation means that Contractor will be placed on
accelerated monitoring for a period not to exceed six (6) months at which time items of
noncompliance must be resolved or substantial improvement shown by Contractor.
Accelerated monitoring means more frequent or more extensive monitoring will be
performed by Department than would routinely be accomplished;
I) require Contractor to obtain technical or managerial assistance;
m) establish additional prior approvals for expenditure of funds by Contractor;
n) require additional or more detailed, financial and/or programmatic reports to be submitted
by Contractor;
0) demand repayment from Contractor when it is verified that the Contractor has been
overpaid, e.g., because of disallowed costs, payments not supported by proper
documentation, improper billing or accounting practices, or failure to comply with
Contract terms;
p) pursue a claim for damages as a result of breach of contract;
General Provisions (Core Subrecipient) 2010
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q) require Contractor to prohibit any employee of Contractor from performing under this
Contract or having direct contact with DSHS-funded clients or participants, or require
removal of any officer or governing body member, if the employee, officer or member of
the governing body has been indicted or convicted of the misuse of state or federal funds,
fraud or illegal acts that are in contraindication to continued oblioations under this
to
Contract, as reasonably determined by DSHS;
r) withhold any payments to Contractor to satisfy any recoupment, liquidated damages, or
any penalty (if the penalty is permitted by statute) imposed by DSHS, and take repayment
from funds available under this Contract in amounts necessary to fulfill Contractor's
payment or repayment obligations;
s) reduce the Contract term;
t) recoup improper payments when it is verified that the Contractor has been overpaid, e.g.,
because of disallowed costs, payments not supported by proper documentation, improper
billing or accounting practices or failure to comply with Contract terms;
u) assess liquidated damages; or
v) impose other remedies or penalties permitted by statute.
Section 14.03 Notice of Remedies or Sanctions. Department will formally notify Contractor in
writing when a remedy or sanction is imposed (with the exception of accelerated monitoring,
which may be unannounced), stating the nature of the remedies and sanction(s), the reasons for
imposing them, the corrective actions, if any, that must be taken before the actions will be
removed and the time allowed for completing the corrective actions, and the method, if any, of
requesting reconsideration of the remedies and sanctions imposed. Other than in the case of
repayment or recoupment, Contractor is required to file, within fifteen (15) calendar days of
receipt of notice, a written response to Department acknowledging receipt of such notice. If
requested by the Department, the written response shall state how Contractor shall correct the
noncompliance (corrective action plan) or demonstrate in writing that the findings on which the
remedies or sanction(s) are based are either invalid or do not warrant the remedies or sanction(s).
If Department determines that a remedy or sanction is warranted, unless the remedy or sanction
is subject to review under a federal or state statute, regulation, rule, or guideline, Department's
decision is final. Department shall provide written notice to Contractor of Department's
decision. If required by the Department, Contractor shall submit a corrective action plan for
DSHS approval and take corrective action as stated in the approved corrective action plan. If
DSHS determines that repayment is warranted, DSHS will issue a demand letter to Contractor
for repayment. If full repayment is not received within the time limit stated in the demand letter,
and if recoupment is available, DSHS will recoup the amount due to DSHS from funds otherwise
due to Contractor under thiE. Contract.
Section 14.04 Emergency Action. In an emergency, Department may immediately terminate or
suspend all or part of this Contract, temporarily or permanently withhold cash payments, deny
future contract awards, or delay contract execution by delivering written notice to Contractor, by
any verifiable method, stating the reason for the emergency action. An "emergency" is defined
as the following:
a) Contractor is noncompliant and the noncompliance has a direct adverse impact on the
public or client health, welfare or safety. The direct adverse impact may be
programmatic or financial and may include failing to provide services, providing
inadequate services, providing unnecessary services, or utilizing resources so that the
General Provisions (Core Subrecipient) 2010
34
public or clients do not receive the benefits contemplated by the scope of work or
performance measures; or
b) Contractor is expending funds inappropriately.
Whether Contractor's conduct or noncompliance is an emergency will be determined by
Department on a case-by-case basis and will be based upon the nature of the noncompliance or
conduct.
ARTICLE XV
CLAIMS AGAINST THE DEPARTMENT
Section 15.01 Breach of Contract Claim. The process for a breach of contract claim against
the Department provided for in Tex. Gov. Code Chapter 2260 and implemented in Department
Rules ~9 1.431- 1.447 shall be used by DSHS and Contractor to attempt to resolve any breach of
contract claim against DSHS.
Section 15.02 Notice. Contractor's claims for breach of this Contract that the Parties cannot
resolve in the ordinary course of business shall be submitted to the negotiation process provided
in Tex. Gov Code Chapter 2260, subchapter B. To initiate the process, Contractor shall submit
written notice, as required by subchapter B, to DSHS's Office of General Counsel. The notice
shall specifically state that the provisions of Chapter 2260, subchapter B, are being invoked. A
copy of the notice shall also be given to all other representatives of DSHS and Contractor.
Subchapter B is a condition precedent to the filing of a contested case proceeding under Tex.
Gov. Code Chapter 2260, subchapter C.
Section 15.03 Sole Remedy. The contested case process provided in Tex. Gov. Code Chapter
2260, subchapter C, is Contractor's sole and exclusive process for seeking a remedy for any and
all alleged breaches of contract by DSHS if the Parties are unable to resolve their disputes under
this Article.
Section 15.04 Condition Precedent to Suit. Compliance with the contested case process
provided in Tex. Gov. Code Chapter 2260, subchapter C, is a condition precedent to seeking
consent to sue from the Legislature under Tex. Civ. Prac. & Rem. Code Chapter 107. Neither
the execution of this Contract by DSHS nor any other conduct of any representative of DSHS
relating to this Contract shall be considered a waiver of sovereign immunity to suit.
Section 15.05 Performanc~ Not Suspended. Neither the occurrence of an event nor the
pendency of a claim constitutes grounds for the suspension of performance by Contractor, in
whole or in part.
ARTICLE XVI
TERMINA TION
Section 16.0 I Expiration of Contract or Program Attachment(s). Except as provided in the
Survivability of Terms section of the General Terms Article, Contractor's service obligations set
forth in each Program Attachment shall end upon the expiration date of that Program Attachment
unless extended or renewed by written amendment. Prior to completion of the term of all
General Provisions (Core Subrecipient) 2010
35
! v
Program Attachments, all or a part of this Contract may be terminated with or without cause as
set forth below.
Section 16.02 Effect of Termination. Termination is the permanent withdrawal of Contractor's
authority to obligate previously awarded funds before that authority would otherwise expire or
the voluntary relinquishment by Contractor of the authority to obligate previously awarded
funds. Contractor's costs resulting from obligations incurred by Contractor after termination of
an award are not allowable unless expressly authorized by the notice of termination. Upon
termination of this Contract or Program Attachment, as applicable, Contractor shall cooperate
with DSHS to the fullest extent possible to ensure the orderly and safe transfer of responsibilities
under this Contract or Proglam Attachment, as applicable, to DSHS or other entity designated by
DSHS. Upon termination of all or part of this Contract, Department and Contractor will be
discharged from any further obligation created under the applicable terms of this Contract or the
Program Attachment, as applicable, except for the equitable settlement of the respective accrued
interests or obligations incurred prior to termination and for Contractor's duty to cooperate with
DSHS, and except as provided in the Survivability of Terms section of the General Terms
Article. Termination does not, however, constitute a waiver of any remedies for breach of this
Contract. In addition, Contractor's obligations to retain records and maintain confidentiality of
information shall survive this Contract.
Section 16.03 Acts Not Constituting Termination. Termination does not include the
Depat1ment's (I) withdrawal of funds awarded on the basis of the Contractor's underestimate of
the unobligated balance in <'. prior period; (2) withdrawal of the unobligated balance at the
expiration of the term of a program attachment; (3) refusal to extend a program attachment or
award additional funds to make a competing or noncompeting continuation, renewal, extension,
or supplemental award; (4) non-renewal of a contract or program attachment at Department's
sole discretion; or (5) voiding of a contract upon determination that the award was obtained
fraudulently, or was otherwise illegal or invalid from inception.
Section 16.04 Termination Without Cause.
a) Either Party may terminate this Contract or a Program Attachment, as applicable, with at
least thirty (30) calendar days prior written notice to the other Party, except that if
Contractor seeks to terminate a Contract or Program Attachment that involves residential
client services, Contractor must give the Department at least ninety (90) calendar days
prior written notice ~.nd must submit a transition plan to ensure client services are not
disrupted.
b) The Parties may terminate this Contract or a Program Attachment by mutual agreement.
c) Either Party may terminate this Contract or a Program Attachment with at least thirty (30)
calendar days prior written notice to the other Party in the event funds become
unavailable through lack of appropriations, budget cuts, transfer of funds between
programs or health and human services agencies, amendments to the Appropriations Act,
health and human services consolidations, or any disruption of current appropriated
funding for this Contract or Program Attachment.
d) Department may terminate this Contract or a Program Attachment immediately when, in
the sole determination of Department, termination is in the best interest of the State of
Texas.
General Provisions (Core Subrecipient) 2010
36
Section 16.05 Termination For Cause. Either Party may terminate for material breach of this
Contract with at least thirty (30) calendar days written notice to the other Party. Department may
terminate this Contract, in whole or in part, for breach of contract or for any other conduct that
jeopardizes the Contract objectives, by giving at least thirty (30) calendar days written notice to
Contractor. Such conduct may include one or more of the following:
a) Contractor has failed to adhere to any laws, ordinances, rules, regulations or orders of any
public authority having jurisdiction;
b) Contractor fails to communicate with Department or fails to allow its employees or those
of its subcontractor to communicate with Department as necessary for the performance or
oversight of this Contract;
c) Contractor breaches a standard of confidentiality with respect to the services provided
under this Contract;
d) Department determines that Contractor is without sufficient personnel or resources to
perform under this Contract or that Contractor is otherwise unable or unwilling to fulfill
any of its requirements under this Contract or exercise adequate control over expenditures
or assets;
e) Department determines that Contractor, its agent or another representative offered or
gave a gratuity (e.g., entertainment or gift) to an official or employee of DSHS or HHSC
for the purpose of obtaining a contract or favorable treatment;
f) Department determines that this Contract includes financial participation by a person who
received compensation from DSHS to participate in developing, drafting or preparing the
specifications, requirements or statement(s) of work or Solicitation Document on which
this Contract is based in violation of Tex. Gov. Code S 2155.004; or Department
determines that Contractor was ineligible to receive this Contract under Tex. Gov. Code
SS 2155.006 or 2261.053 related to certain disaster response contracts;
g) Contractor appears to be financially unstable. Indicators of financial instability may
include one or more of the following:
1) Contractor fails to make payments;
2) Contractor makes an assignment for the benefit of its creditors;
3) Contractor admits in writing its inability to pay its debts generally as they become
due;
4) if judgment for the payment of money in excess of $50,000 (that is not covered by
insurance) is rendered by any court or governmental body against Contractor, and
Contractor does not (a) discharge the judgment or (b) provide for its discharge in
accordance with its terms, or (c) procure a stay of execution within thirty (30)
calendar days from the date of entry of the judgment, and within the thirty (30)-day
period or a longer period during which execution of the judgment has been stayed,
appeal from the judgment and cause the execution to be stayed during such appeal
while providing such reserves for the judgment as may be required under generally
accepted accounting principles;
5) a writ or wan-ant of attachment or any similar process is issued by any court against
all or any material portion of the property of Contractor, and such writ or warrant of
attachment or any similar process is not released or bonded within thirty (30) calendar
days after its entry;
6) Contractor is adj'Jdicated bankrupt or insolvent;
General Provisions (Core Subrecipient) 20 I 0
37
7) Cont.r~ctor files a case under the Federal Bankruptcy Code or seeks relief under any
provIsIon of any bankruptcy, reorganization, arrangement, insolvency, readjustment
of debt, dissolution, receivership or liquidation law of any jurisdiction, whether now
or hereafter in effect, or consents to the filing of any case or petition against it under
any such law;
8) any property or portion of the propel1y of Contractor is sequestered by court order
and the order remains in effect for more than thirty (30) calendar days after
Contractor obtains knowledge thereof;
9) a petition is filed against Contractor under any state reorganization, arrangement,
insolvency, readjustment of debt, dissolution, receivership or liquidation law of any
jurisdiction, whether now or hereafter in effect, and such petition is not dismissed
within thirty (30) calendar days; -
10) Contractor consents to the appointment of a receiver, trustee, or liquidator of
Contractor or of all or any part of its property;
h) Contractor's management system does not meet the UGMS management standards; or
i) Any required license, certification, permit, registration or approval required to conduct
Contractor's business or to perform services under this Contract is revoked, is
surrendered, expires, is not renewed, is'inactivated or is suspended.
Section 16.06 Notice of Termination. Either Party may deliver written notice of intent to
terminate by any verifiable method. If either Party gives notice of its intent to terminate all or a
part of this Contract, Department and Contractor shall attempt to resolve any issues related to the
anticipated termination in good faith during the notice period.
ARTICLE XVII
VOID, SUSPENDED, AND TERMINATED CONTRACTS
Section 17.01 Void Contracts. Department may hold this Contract void upon determination
that the award was obtained fraudulently or was otherwise illegal or invalid from its inception.
Section 17.02 Effect of Void, Suspended, or Involuntarily Terminated Contract. A
Contractor who has been a party to a contract with DSHS that has been found to be void,
suspended, or terminated for cause is not eligible for expansion of current contracts, if any, or
new contracts or renewals until the Department has determined that Contractor has satisfactorily
resolved the issues underlying the suspension or termination. Additionally, if this Contract is
found to be void, any amount paid is subject to repayment.
Section 17.03 Appeals Rights. Pursuant to Tex. Gov. Code ~ 2105.302, after receiving notice
from the Department of termination of a contract with DSHS funded by block grant funds,
Contractor may request an administrative hearing under Tex. Gov. Code Chapter 2001.
ARTICLE XVIII
CLOSEOUT AND CONTRACT RECONCILIATION
General Provisions (Core Subrecipient) 2010
38
CONTRACT WITH WHARTON COUNTY FOR HOUSING OF INMATES AT CALHOUN
COUNTY ADULT DETENTION CENTER, AND AUTHORIZE COUNTY JUDGE TO SIGN
CONTRACT:
A Motion was made by Commissioner Fritsch and seconded by Commissioner Lyssy to approve
the Contract with Wharton County for Housing of Inmates at Calhoun County Adult Detention
Center, and authorize Judge Pfeifer to sign contract. Commissioners Lyssy, Fritsch, Finster and
Judge Pfeifer all voted in favor.
INTERGOVERNMENTAL AGREEMENT BETWEEN CALHOUN COUNTY AND
WHARTON COUNTY REGARDING HOUSING OF WHARTON COUNTY INMATES
IN THE CALHOUN COUNTY ADULT DETENTION CENTER.
On the hereafter referred to the COUNTY OF CALHOUN, TEXAS hereafter referred to as
"CALHOUN", ENTERED INTO THE FOLLOWING Agreement concerning the incarceration
of overflow prisoners of Wharton County, Texas hereafter referred to as "Wharton" and said
Agreement is set out in full hereafter.
I. CALHOUN hereby agrees to house overflow prisoners incarcerated by Wharton if
space is available. The availability of space shall be determined by the Calhoun
County Sheriff in accordance with the current jail regulations as set out by the Texas
Commission on Jail Standards concerning the separation and classification of
prisoners.
CALHOUN shall assess a fee for housing said inmates at the rate of $44.00
per day per inmate and CALHOUN shall bill Wharton on a monthly basis for such
cost in an itemized statement showing the number of days each individual inmate was
housed in CALHOUN.
2. Wharton shall pay for ANY and ALL hospital and health care and prescription drugs
provided to any prisoner housed by CALHOUN for Wharton. Non prescription
medication shall be dispensed according to the Calhoun County Adult Detention
Center Medical Plan.
3. Wharton hereby agrees to comply with all booking procedures by CALHOUN.
Whartonshall provide booking, classification, medical and mental health screening,
suicide screening, and copies of all holdsldetainers on each inmate.
4. ~CALHOUN and Wharton hereby agree that CALHOUN will not house any
Injured inmates unless Wharton has furnished an acceptable medical release signed
by medical personnel, certifying that the prisoner may be incarcerated.
5. CALHOUN further agrees that should a prisoner be injured while being housed by
CALHOUN within (12) hours notify Wharton of said injury and provide Wharton
with copies of all incident reports relating to said injury.
6. The CALHOUN County Sheriff reserves the right to refuse or remove any inmate
From the CALHOUN County Adult Detention Center if it is in the best interest of
CALHOUN. Wharton shall promptly arrange to take custody of its inmates if so
requested by the CALHOUN County Sheriff.
7. Wharton agrees to assume responsibility for all transportation of Wharton inmates
housed in CALHOUN County.
8. All agreements between the parties are set out in this Agreement and no oral
Agreement not contained herein shall be enforceable against either party.
9. The County of Wharton agrees to bring with each inmate delivered to the Calhoun
County Adult Detention Center all available arrest, booking, classification, medical,
mental and suicide screening docwnents in possession of the County of
Wharton regarding each inmate, and has the duty to advise CALHOUN of any known
dangerous propensities, medical necessities, and medical conditions of each inmate.
10. The County of Wharton shall be fully responsible and liable for all suits, claims,
damages, losses, or expenses, including reasonable attorney's fees arising out of the
County of Wharton performance or non-performance of the service and Duties herein
stated, but to the county of Wharton and specifically excluding the actual
incarceration of inmates by The County of Wharton. The County of Wharton retains
full liability for each inmate until that inmate has been processed and booked into the
Calhoun County Adult Detention Center.
11. The County of Calhoun shall be fully responsible and liable for all suits, claims,
damages, losses, and expenses, including reasonable attorney's fees arising out of The
County of Calhoun's performance or non-performance of the services and duties
herein stated, but only in regards to the actual holding and incarceration of prisoners
by The County of Calhoun in the Calhoun County Adult Detention Center and
specifically excluding the transfer of prisoners to and from The County of Calhoun.
12. This Agreement shall be for one (1) year from date of acceptance by Wharton
And shall be subject to renewals thereafter or renegotiation whichever is deemed
necessary. If either party deems renegotiation of the contract is necessary, that party
shall notify the other party at least sixty (60) days in advance of the termination of
this Agreement.
ACCEPTED, APPROVED AND WITNESSED, our hands on this
The I J. n....
day of vl1ve.....b~ ,2009.
County of Calhoun
By:/'M J.~ ~-
County JUQ e
County of Wharton
By:. .
Co~ty' Judge
Calhoun County Sheriff
Wharton County Sheriff
UPDATE JOB DESCRIPTION FOR ASSISTANT DRILL INSTRUCTOR:
A Motion was made by Judge Pfeifer and seconded by Commissioner Lyssy to approve updating
the Job Description for Assistant Drill Instructor. Commissioners Lyssy, Fritsch, Finster and Judge
Pfeifer all voted in favor.
~,
CLASS NO. 17028
Calhoun County Job Description
ASSISTANT DRILL INSTRUCTOR
EEO-4 CATEGORY:
EEO-4 FUNCTION:
Protective Service Workers
ll-Corrections
PAY GROUP: 20
FLSA STATUS: Non~exempt
SUMMARY OF POSITION
Under direction, conducts military discipline of the campus boot camp; oversees care and 'control of
juvenile recruits; documents activities; and provides quality public services to meet the needs of
Calhoun County juveniles and citizens.
ORGANIZATIONAL RELATIONSHIPS
1. Reports to:
Chief Drill Instructor and/or Chief Juvenile Probation Officer.
2. Directs:
This is a non-supervisory position.
3. Other:
Has frequent contact with county and public agencies, and the public.
ESSENTIAL DUTIES AND RESPONSIBILITIES include the following.
Assists in monitoring, documenting, supervising, and providing juvenile behavior modification and
crisis intervention;
Conducts morning roll call and activities, including showers, breakfast, morning formation and
inspection, and exercise;
Provides instruction on personal presentation, including how to wear uniform, polish boots and
interact with others in a positive manner;
Counsels on anger management and substance abuse;
Conducts curfew checks;
Documents behavior of juveniles and conducts weekly evaluations;
Supervises community service projects;
Helps teach drill and ceremony, and prepares juveniles for graduation; and
Purchase supplies.
OTHER DUTIES AND RESPONSIBILITIES
Performs such other related duties as may be assigned.
Calhoun County Job Description
Page 1 of 4
..
CLASS NO. 17028 (Continued)
REQUIRED KNOWLEDGE, SKILLS AND ABILITIES
Knowledge of: standard military procedures; standard office practices and procedures; case
management practices; physical activities instruction; team-building activities; behavior modification
techniques; restraint techniques; Texas Juvenile Probation Commission standards; first aid and CPR
procedures; and standard bookkeeping procedures.
Skill/Ability to: operate computer, including standard word processing and spreadsheet software;
read manuals, letters and memos; communicate effectively, both orally and in writing; perform basic
mathematical functions; and establish and maintain effective working relationships with other
agencies, co-workers, and the public.
ACCEPTABLE EXPERIENCE AND TRAINING
High school graduation, or its equivalent, plus one year of experience working with juveniles; must
have military background. Two- or four-year degree plus military background preferred.
CERTIFICATES AND LICENSES REQUIRED
Appropriate Texas driver's license.
SIGNATURES
Employee's Signature
Supervisor's Signature
Date
Date
Calhoun County, Texas is an Equal Opportunity Employer. In compliance with the Americans with
Disabilities Act, Calhoun County will provide reasonable accommodations to qualified individuals with
disabilities and encourages both prospective and current employees to discuss potential
accommodations with employer.
Applicants may be required to submit to pre-employment testing including, but not limited to drug
and alcohol screening, physical, driving records check, reference check, criminal background check,
credit check or any other test that the Department Head or Elected Official may deem necessary.
Calhoun County Job Description
Page 2 of 4
CLASS NO. 17028 (Continued)
ADA Information
This attachment provides information on the job relating to the Americans with Disabilities Act.
FREQUENCY DEFINITIONS
The following frequency definitions are to be used in completing the Physical Environment and the Non-
Physical Environment sections of this form:
C = Constantly (2/3 or more of the time)
F = Frequently (from 1/3 to 2/3 of the time)
0 = Occasionally (up to 1/3 of the time)
R = Rarely (less than one hour per week)
N = Not Applicable (does not apply in this job)
PHYSICAL ENVIRONMENT
Descriptive examples of physical job actions (please use the letter corresponding to the appropriate frequency):
~e_quir.em~nt IF.r.equency) Exampte
Lifting (specify weight): up to 10-20# F Equipment, weights, students on o-course
Sitting: 0 Desk work, counseling families and students
Standing: C Drill, physical training, lunch, classroom check
Walking, on normal, flat surfaces: F Sidewalk, office floor
Walking, on uneven surfaces: C Outdoor training
Walking, on slippery surfaces: 0 Outdoor training
Driving: F Curfew check, take students home
Bending (from waist): F Physical training
Crouching/Squatting: F Physical training
Kneeling: F Physical training
Crawling: R O-course
Twisting: 0 Motivation day (10-hour physital training)
Reaching: F P. T. demonstrations
Balancing: 0 O-course demonstrations
Carrying: 0 Equipment, supplies
Pushing: R
Pulling: R
Throwing: R
Repetitive Motion: F Physical training, computer
Fingering (fine dexterity, picking, pinching): F Physical training, computer
Handling (seizing, holding, grasping): 0 Physical training
Wrist Motions (repetitive flexion/rotation): F Physical training, restraining students, computer
Feet (foot pedals): R Van
Calhoun County Job Description
Page 3 of 4
.,. ..-i
CLASS NO. 8075 (Continued)
SENSORY REQUIREMENTS
Descriptive examples of sensory demands:
Sensory Demand Frequency
Color (perceive/discriminate) F
Sound (perceive/discriminate) C
Taste (perceive/discriminate) F
Odor (perceive/discriminate) C
Depth (perceive/discriminate) F
Texture (perceive/discriminate) F
Visual (perceive/discriminate) C
Oral Communications ability C
NON-PHYSICAL ENVIRONMENT
Descriptive examples of non-physical demands:
Non-Physical Demand Frequency
Time Pressures (e.g., meeting deadlines) F
Noisy/Distracting Environment 0
Performing Multiple Tasks Simultaneously F
Danger/Physical Abuse 0
Deals With Difficult People C
Periods of Idle time, Interspersed with Emergencies Requiring Intense Concentration 0
Emergency Situations 0
Tedious, Exacting Work F
Works Close41y with Others as Part of a Team C
Works Alone 0
Irregular Schedule/Overtime 0
Frequent Change of Tasks 0
Other (describe)
WORK ENVIRONMENT
1. Description of the degree of physical activity and effort required to perform your job, as well
as any associated safety hazards and the level of risk of personal injury of illness (if any):
High degree of physical activity to conduct military style training.
2. Job exposure to environmental factors (if any), including extreme temperatures, respiratory
hazards, airborne diseases, vibrations, loud noises, or other sources of discomfort:
Exposure to extreme heat and cold.
Calhoun County Job Description
Page 4 of 4
UPDATE JOB DESCRIPTION FOR OFFICE MANAGER-EXTENSION SERVICE:
A Motion was made by Judge Pfeifer and seconded by Commissioner Fritsch to approve updating
the Job Description for Office Manager - Extension Service. Commissioners Lyssy, Fritsch,
Finster and Judge Pfeifer all voted in favor.
Calhoun County Job Description
OFFICE MANAGER - COUNTY EXTENSION
CLASS NO. 8075
EEO-4 CATEGORY:
EEO-4 FUNCTION:
Administrative Support
is-Other
PAY GROUP: 19
FlSA STATUS: Non-exempt
SUMMARY OF POSITION
Performs administrative and clerical tasks for Calhoun County Extension Office.
ORGANIZATIONAL RELATIONSHIPS
1. Reports to:
County Extension Agent(s).
2. Directs:
Part-time Secretary.
3. Other:
Has frequent contact with state and county agencies, vendors, youth
and the general public.
ESSENTIAL DUTIES AND RESPONSIBILITIES include the following.
Assigns and reviews work for part-time secretary;
Prepares and proofreads general correspondence for agents;
Utilizes desktop publishing software to design!.inewsletters for agents;
Prepares and distributes news releases, speeches, radio and television scripts, and special reports;
Maintains records of all county expenditures. Prepares and maintains purchase orders, expense
vouchers, payroll, time sheets, mileage reports, and Commissioner's monthly reports and other
general bookkeeping functions;
Assembles and compiles data for monthly and special reports in a timely manner;
Maintains lists of official county, state and federal agencies, associations, organizations, newspapers
and commercial firms as requested by agents;
I
l,.
Maintains official clientele mailing lists as req~ested by agents;
Maintains complete and up-to-date inventory of Extension publications and policies for display and
distribution purposes. Familiarizes self with publication content in order to fill requests in absence of
agents;
Oversees scheduling of rental facilities such as the fairground and public meeting rooms. Complies
with County Auditor/Extension Office cash handling policies and procedures;
Trains and assists support staff, keeping them informed on duties, regulations, policies and
procedures. Assists with other office details as delegated by agents. Works with support staff so
work load is equally distributed; C
Maintains neat and professional behavior and appearance at all times;
Performs general clerical duties including processing incoming and outgoing mail, work processing,
maintaining office calendar, maintaining inventory lists, ordering supplies, typing, filing, copying and
faxing documents;
Performs general receptionist duties including answering telephone, transferring calls and taking
messages, greeting visitors and handling routi"ne inquiries or referring inquiries to appropriate agent.
OTHER DUTIES AND RESPONSIBILITIES
Performs such other related duties as may be assigned.
REQUIRED KNOWLEDGE, SKILLS AND ABILITIES
Knowledge of: general office procedures including secretarial and clerical duties; through
knowledge of operation of office equipment, including computers, copy machines, fax machines and
telephone equipment.
Skill/Ability to: operate computer, including MS-Office applications; perform basic mathematical
and bookkeeping functions; read and interpret manuals, letters and memos, policies and procedures;
communicate effectively with co-workers and general public, both orally and in writing; good
organizational skills with ability to prioritize in a multi-task environment.
ACCEPTABLE EXPERIENCE AND TRAINING
Required: High school graduation, or its equivalent, plus at least 3 years of general administrative
experience.
L
SIGNATURES
Employee's Signature
Supervisor's Signature
Date
Date
Calhoun County, Texas is an Equal Opportunity Employer. In compliance with the Americans with
Disabilities Act, Calhoun County will provide reasonable accommodations to qualified individuals with
disabilities and encourages both prospective and current employees to discuss potential
accommodations with employer.
Applicants may be required to submit to pre-employment testing including, but not limited to drug
and alcohol screening, physical, driving records check, reference check, criminal background check,
credit check or any other test that the Department Head or Elected Official may deem necessary.
CLASS NO. 8075 (Continued)
ADA Information
This attachment provides information on the job relating to the Americans with Disabilities Act.
FREQUENCY DEFINITIONS
The following frequency definitions are to be used in completing the Physical Environment and the Non-
Physical Environment sections of this form:
C = Constantly (2/3 or more of the time)
F = Frequently (from 1/3 to 2/3 of the time)
0 = Occasionally (up to 1/3 of the time)
R = Rarely (less than one hour per week)
N = Not Applicable (does not apply in this job)
PHYSICAL ENVIRONMENT
Descriptive examples of physical job actions (please use the letter corresponding to the appropriate frequency):
" RE!quirement ' Fre'quency , , Example
'';'" " . , " '. " , ' , , /, , ,
Lifting (specify weight): up to 80# F Lifting supplies, equipment (e.g. copy paper)
Sitting: F Operating computer
Standing: 0 General office duties (copying, filing documents)
Walking, on normal, flat surfaces: ,,0
Walking, on uneven surfaces: 0
Walking, on slippery surfaces: R
Driving: 0 Running errands & picking up supplies
Bending (from waist): F General office duties (storing/retrieving supplies)
Crouching/Squatting: F General office duties (storing/retrieving supplies)
Kneeling: F General office duties (storing/retrieving supplies)
Crawling: R
Twisting: R Adding materials to bulletin boards
Reaching: 0 General office duties (storing/retrieving supplies)
Balancing: R General office duties (storing/retrieving supplies)
Carrying: F General office duties (carrying files, supplies, chairs, equipment)
Pushing: F General office duties (carrying files, supplies, chairs, equipment)
Pulling: F General office duties (carrying files, supplies, chairs, equipment)
Throwing: N
Repetitive Motion: F General office duties (operating computer, typing)
Fingering (fine dexterity, picking, pinching): C General office duties (filing)
. ~o_... _ .~-.._.___~__ _._ --.-_ ___________~ ___ ________._. _-'-_0 ____....._~_
.~ ~
..
CLASS NO. 8075 (Continued)
SENSORY REQUIREMENTS
Descriptive examples of sensory demands:
sensory'Detnand '.' ,,", " Frt!qu~ncy
, . , " "
Color (perceive/discriminate) C
Sound (perceive/discriminate) C
Taste (perceive/discriminate) R
Odor (perceive/discriminate) R
Depth (perceive/discriminate) C
Texture (perceive/discriminate) 0
Visual (perceive/discriminate) C
Oral Communications ability C
NON-PHYSICAL ENVIRONMENT
Descriptive examples of non-physical demands:
, Non-Physic;~I,qemai'1d., , Fr~quen:cy ,
I ",' , ; ,0 " .,:
Time Pressures (e.g., meeting deadlines) C
NOisy/Distracting Environment C
Performing Multiple Tasks Simultaneously C
Danger/Physical Abuse N
Deals With Difficult People C
Periods of Idle time, interspersed with Emergencies Requiring Intense Concentration R
Emergency Situations R
Tedious, Exacting Work F
Works Close41y with Others as Part of a Team C
Works Alone C
Irregular Schedule/Overtime 0
Frequent Change of Tasks C
Other (describe)
WORK ENVIRONMENT
1. Description of the degree of physical activity and effort required to perform your job, as well
as any associated safety hazards and the level of risk of personal injury of illness (if any):
Light physical activity.
AUTHORIZE HUMAN RESOURCE COORDINATOR TO APPLY FOR MONEY FROM TAC
AWARDED FOR PARTICIPATION IN HEALTHY COUNTY PROGRAM, TO BE USED FOR
COUNTY WELLNESS PROGRAM:
A Motion was made by Commissioner Lyssy and seconded by Commissioner Fritsch to authorize
Human Resource Coordinator to apply for money from TAC awarded for participation in Healthy
County Program, to be used for County Welln~ss Program. Commissioners Lyssy, Fritsch, Finster
and Judge Pfeifer all voted in favor.
APPOINTMENT/RE-APPOINTMENT TO GULF BEND MENTAL HEALTH MENTAL
RETARDATION CENTER BOARD OF TRUSTEES:
A Motion was made by Commissioner Fritsch and seconded by Commissioner Finster to re-
appoint Mark Daigle to Gulf Bend Mental Health - Mental Retardation Center Board of Trustees.
Commissioners Lyssy, Fritsch, Finster and Judge Pfeifer all voted in favor.
ELECTION OF APPRAISAL DISTRICT DIRECTORS FOR TWO-YEAR TERM 2010-2011:
A Motion was made by Commissioner Finster and seconded by Commissioner Lyssy to re-appoint
Commissioner Roger Galvan as an Appraisal District Director for a two-year term 2010-2011.
Commissioners Lyssy, Fritsch, Finster and Judge Pfeifer all voted in favor.
\
,
I
l
VOTING RESOLUTION/BALLOT
FOR
ELECTION OF DIRECTORS
CALHOUN COUNTY APPRAISAL DISTRICT
WHEREAS, CALHOUN COUNTY. TEXAS is entitled to cast 1.442 votes for nominated
candidates to fill the five (5) positions on the Calhoun County Appraisal District Board of Directors,
as authorized by Texas Property Tax Code, ~ 6.03(k); and
WHEREAS, CALHOUN COUNTY. TEXAS desires to exercise its right to cast votes for
candidates to fill those five (5) positions.
THEREFORE, BE IT RESOLVED, That the CALHOUN COUNTY. TEXAS
COMMISSIONERS COURT does hereby cast its votes as indicated in the ballot section of this
resolution for the following candidates to serve on the five (5) member Calhoun County Appraisal
District Board of Directors for the two year term ending December 31, 2011 :
I'
BALLOT
CANDIDATE VOTES CAST
BILL BAUER
JACKSON D. (BUDDY) CROSS
KEVIN HILL
ROGER C. GAL V AN 1442
.c
LEE RIVERA
JESSE RODRIGUEZ
WILLIAM J. SWOPE
Total "Votes Cast" Not to Exceed 1,442
PASSED AND APPROVED this the -L2day of November
, 2009.
~~u~f-
ATTEST:
llli~~
~R~ Deputy County Clerk
CONTRACT WITH TEXAS DEPARTMENT OF RURAL AFFAIRS FOR DISASTER RECOVERY
TEXAS COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM IN THE AMOUNT OF
$166,667 AND AUTHORIZE COUNTY JUDGE TO SIGN:
A Motion was made by Commissioner Lyssy and seconded by Commissioner Fritsch approve the
Contract with Texas Department of Rural Affairs for Disaster Recovery Texas Community
Development Block Grant Program in the amount of $166,667 and authorize Judge Pfeifer to
sign. Commissioners Lyssy, Fritsch, Finster and Judge Pfeifer all voted in favor.
~,'
TEXAS DEPARTMENT OF RURAL AFFAIRS
CONTRACT N0. DRSOI0020 FOR
CDBG DISASTER RECOVERY NON-ENTITLEMENT GRANT PROGRAM
STATE OF TEXAS
COUNTY OF TRAVIS
SECTION 1.
PARTIES TO CONTRACT
This Contract and agreement is made and entered. into by and between the Texas Department of Rural
Affairs an agency of the State of Texas, referred to as the "TDRA", and the County of Calhoun,
hereinafter referred to as "Grantee". The parties have severally and collectively agreed and by the
execution hereof are bound to the terms and conditions of this Contract.
SECTION 2.
CONTRACT PERIOD
This Contract and agreement shall commence on November 1, 2009, and shall terminate on October
31, 2011, unless otherwise specifically provided by the terms of this Contract.
SECTION 3.
STATEMENT OF SERVICES TO BE PERFORMED
The funds provided under this Contract were appropriated by the Consolidated Security, Disaster
Assistance, and Continuing Appropriation Act (public Law 110-329) enacted on September 30,2008,
to facilitate disaster relief, recovery, restoration and economic revitalization in areas affected by
Hurricanes Dolly and Ike, which are Presidentially-declared major disaster areas under title IV of the
Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 V.S.C. 5121 et seq.).
A. Grantee Performance
1. Grantee shall conduct, in a satisfactory manner as determined by TDRA, the activities and
projects set forth in Exhibit A, the Performance Statement that is attached hereto and made a part
of this Contract. These project and activity services are for emergency recovery in the Hurricanes
Dolly and Ike Federally-declared disaster areas. Grantee shall perform all projects and activities in
accordance with Exhibit A and the terms set f~rth in the following attached exhibits that are made a
part of this Contract: Exhibit B, the Budget; Exhibit C, the Certifications; Exhibit D, the Applicable
Laws and Regulations;' Exhibit E, the Project Implementation Schedule; and the assurances,
certifications, and all other statements made by Grantee in its application for funding under this
Contract. Grantee shall accomplish all task~ in accordance with Title I of the Housing and
Community Development Act of 1974 as amended (42 V.S.C. 5301 et seq.), hereinafter referred to
as "the Act", and the regulations promulgated thereunder pertaining to the State's Program at 24
CFR Part 570, hereinafter referred to as "the Regulations", subject to applicable statutory and/or
regulatory waivers or alternative requirements; and with all other terms, provisions, and
requirements set forth in this Contract.
Pagel of 26
"
, "
""" ..
2. Grantee shall ensure that the projects described in Exhibit A, the Perfonnance Statement, were
either directly damaged or experienced a failure to function as designed as a result of either
Hurricane Dolly on July 23, 2008 or Hurricane Ike on September 13, 2008. Grantee shall ensure
that all funds expended under this Contract are used in accordance with the approved Methods of
Distribution established by the appropriate county and/or Council of Government.
3. Grantee shall ensure that the persons to benefit from the activities described in Exhibit A,
Performance Statement, are receiving the service ora benefit from the use of the new or improved
facilities and activities for the contract obligations to be fulfilled and before submitting the Project
Completion Report to TDRA. If the persons! to benefit from the activities described in Exhibit A
are not receiving the service or a benefit, Grantee is liable to repay to TDRA any associated
disallowed costs.
4. Grantee shall adhere to the Project Implementation Schedule timelines for key project activities
as shown in Exhibit E. TDRA may require Grantee to submit written justification for any contract
activity that is not completed by the ~nd of the, month specified on the schedule in Exhibit E.
5. Self-Administered Services Alternatives. Grantee may elect to self-administer the project
delivery, engineering, and/or environmental services under this Contract subject to the following
restrictions related to the use of grant funds:
a. Use of Grant Funds Permitted. Grantee may use' grant funds to provide engineering,
project delivery, and environmental review services with in-house staff. For purposes of this
Contract "in-house" means city, county, or direct grantee regular employees, and excludes
contract employees.
b. Use of Grant Funds Not Permitted. If Grantee chooses to procure its own providers for
engineering, project delivery and/or environmental services, instead of using "in-house"
employees, or selecting a service provider(s) on TDRA's Engineer, Grant Administrator, and/or
Environmental Service Provider Master List(s), then Grantee must engage in such procurement
using a separate funding source (e.g., local funds). .
Grantee shall upon execution of this Contract inform TDRA if it elects to either provide in-house, or
procure with separate funds, project delivery, design engineering and/or environmental review services
for projects under this Contract.
B. TDRA Oblil!:ations and Measure of Liability
In consideration of full and satisfactory performance of the activities referred to in Section 3(A) of this
Contract, TDRA shall be liable for actual and reasonable costs incurred by Grantee during the contract
period for performances rendered under this Contract by Grantee, subject to the limitations set forth in
this Section 3(B).
1. Fundinl!:. It is expressly understood and agreed by the parties that TDRA's obligations under
this Section 3(B) are contingent upon the actual receipt of adequate state or federal funds to meet
TDRA's liabilities under this Contract. If adequate funds are not available to make payments under
this Contract, TDRA shall notify Grantee in writing within a reasonable time after such fact is
determined. TDRA shall terminate this Contract and will not be liable for failure to make
payments to Grantee under this Contract.
Page 2 of 26
,rll: ~;..>"'it i-I' ~
2. Grant Administrative Services. TDRA shall be responsible for procurement of Grant
administrative services in compliance with 24 CFR Section 85.36, this Contract and all applicable
federal, state and local laws, regulations, and ordinances. TDRA shall provide a Master List of
Qualified Grant Administrators compiled as aresult ofTDRA's "Request for Proposals for Master
List of Qualified Grant Administrators" (RFP #357-09DR-0002) to Grantee. TDRA shall hold a
current and valid contract with Grant Administrators on the Master List. Grantee shall select one
(1) primary Grant Administrator and one (1) additional Grant Administrator as an alternate (should
the primary Grant Administrator become unavailable for any reason) from the Master List of
Qualified Grant Administrators. TDRA will contract with the Grant Administrator(s) selected by
Grantee, and on Grantee's behalf, to provide grant administrative services for Grantee.
Exception: If Grantee elects' to self-administer project delivery services, or to contract using
separate funds, then Grantee will not select a primary or alternate Grant Administrator from
TDRA's Master List of Qualified Grant Administrators.
Payment for grant administrative services rendered will be included as and paid from the funds
allocated in this Contract. TDRA shall determine the reasonableness of each payment amount
requested from the Grant Administrator or Grantee and shall make disbursement of any such
payment.
Grantee understands and agrees that costs for grant administrative services acquired outside of the
Master List of Qualified Grant Administrators and not contracted by TDRA, except when those
services are provided in-house, shall not be paid from the funds allocated in this Contract.
3. Desi2n E02ineerin2 Services. TDRA shall be responsible for procurement of design
engineering services in compliance with 24 CFR Section 85.36, this Contract and all applicable
federal, state and local laws, regulations, and ordinances. TDRA shall provide a Master List of
Qualified Engineering Firms compiled as a result of TDRA's "Request for Qualifications for
Master List of Qualified Engineering Firms" (RFQ #357-09DR-0001) to Grantee. TDRA shall hold
current and valid contract(s) with the design engineering firm(s). For application purposes, Grantee
shall select one (1) primary Design Engineer and one (1) additional Design Engineer as an alternate
(should the primary Design Engineer become unavailable for any reason) from the Master List of
Qualified Engineering Firms. TDRA will:contract with the Design Engineer(s) selected by
Grantee, and on Grantee's behalf, to provide engineering services for Grantee.
Exception: If Grantee elects to self-administer design engineering services, or to contract using
separate funds, then Grantee will not select a primary or alternate Design Engineer from TDRA's
Master List of Qualified Engineering Firms.
More than one (1) Design Engineer may be selected (not including the selected alternate) from the
Master List of Qualified Engineering Firms by Grantee, but Grantee must justify in writing the
need for more than one (1) Design Engineer and outline the specific activities that the additional
Design Engineer will perform. TDRA shall determine the reasonableness and acceptability of such
requests and provide written approval or denial to Grantee for the additional Design Engineer.
Grantee understands and agrees that Design Engineers selected as a result ofTDRA's "Request for
Qualifications for Master List of Qualified Engineering Firms" (RFQ #357-09DR-0001) may have
elected to subcontract reasonable lots or portions of the contract work, including goods or services,
to the extent consistent with prudent industry practices and such subcontractors shall be considered
duly authorized representatives of the selected Design Engineer(s).
Page 3 of 26
~" 'J?'l" F_ .1r - "~'" ~;" ~~,{'\;< - ::':"
Payment for design engineering services rendered will be included as and paid from the funds
allocated in this Contract. TDRA shall det~rmine the reasonableness of each payment amount
requested from the design engineering firm(s) or Grantee and shall make disbursement of any such
payment.
Grantee understands and agrees that costs for engineering services acquired outside of the Master
List of Qualified Engineering Firms and not contracted by TDRA, except those provided in-house,
shall not be paid from the funds allocated in this Contract.
4. Environmental Review Services. TDRA shall be responsible for procurement of
environmental review services in complianc~ with 24 CFRSection 85.36, this Contract and all
applicable federal, state and local laws, regulations, and ordinances. TDRA shall hold current and
valid contracts with all environmental review firms selected as a result of TDRA's "Request for
Proposals - Environmental review services" (RFP #357-09DR-0004). Grantee understands and
agrees that TDRA, at its (or its agent's) sole discretion, shall assign contracted Environmental
review firms to all projects requiring such service. Grantee further understands and agrees that full
cooperation with the assigned environmental review firm is required and that Grantee will provide,
in a timely manner, any and all requested information necessary to complete the environmental
reView process.
Exception: If Grantee elects to provide environmental review services through in-house staff, or
chooses to contract with an Environmental Service Provider using separate funds, then an
Environmental Service Provider from TDRA's Master List will not be assigned to review
Grantee's projects. Grant funds may be used, and TDRA will pay, for environmental review
services that Grantee provides through in-house staff.
Payment for environmental review services rendered will not be included as or paid from the funds
allocated in this Contract. TDRA shall determine the reasonableness of each payment amount
requested from the environmental review firm(s) and shall make disbursement of any such
payment. TDRA shall be responsible for ensuring that environmental review firm(s) adheres to the
Project Implementation Schedule timelines as shown in Exhibit E. Should supplemental
environmental review become necessary in the course of the contract term, TDRA shall assign an
environmental review firm(s) to all projects requiring such service as needed. However, payment
for such supplemental environmental review services will be paid from funds allocated in this
Contract or local funds should the need for such services arise from an amendment initiated by
Grantee.
5. Proiect Manal!ement Services. TDRA shall be responsible for procurement of a Project
Management Firm or Company (PMC) to facilitate compliance with 24 CFR Section 85.36, this
Contract and all applicable federal, state and local laws, regulations, and ordinances. TDRA shall
hold a current and valid contract with the PMC selected as a result of TDRA's "Request for
Qualifications for Project Management Services" (RFQ #357-09DR-0005). Grantee understands
and agrees that the PMC will serve as TDRA's representative and, at TDRA's request and sole
discretion, provide design engineering and other project related services to any or all projects
described in Exhibit A, Performance Statement.
Grantee understands and agrees that TDRA reserves the right to replace Grantee's selected design
engineering firm(s), or other professional services firms associated with Grantee's projects and
contracted by TDRA, should the selected firm(s) fail to adhere to the Project Implementation
Schedule timelines for key project activities as shown in Exhibit E, or otherwise fail to satisfy their
performance obligations under their Contractwith TDRA. In the event of such failure to perform,
Page 4 of26
^,j~-" ~"'-.~ .....
in whole or in part, by Grantee's selected Grant Administrator, then TDRA may assume this role;
and/or by Grantee's selected Design Engineer(s), then the PMC may step into this role to complete
the project(s). Grantee will bear the cost of the PMC replacing the Grantee's design engineer and
such cost will be assessed against Grantee's grant award. Grantee further understands and agrees
that whether Grantee elects to self-administer services, or selects a service provider(s) from
TDRA's Master List(s), full cooperation with the PMC is required; and that Grantee will provide,
in a timely manner, any and all requested information necessary for the PMC to ensure the timely
completion of the key project activities as set forth in the Project Implementation Schedule,
Exhibit E. -
6. TDRA shall not be liable to Grantee for any costs incurred by Grantee, or any portion thereof,
which has been paid to Grantee or is subject to payment to Grantee, or has been reimbursed to
Grantee or is subject to reimbursement to Grantee, by any source other than TDRA or Grantee.
7. TDRA shall not be liable to Grantee for any costs incurred by Grantee which are not allowable '
costs, as set forth in Section 6 (A) of this Contract.
8. TDRA shall not be liable to Grantee for any costs incurred by Grantee or for any performances
rendered by Grantee which are not strictly in accordance with the terms of this Contract, including
the terms of Exhibit A, Exhibit B, Exhibit C, Exhibit D, and Exhibit E of this Contract.
9. TDRA shall not be liable to Grantee for any costs incurred by Grantee in the performance of
this Contract which have not been billed to TDRA by Grantee within sixty (60) days following
termination of this Contract unless otherwise provided for in the Certificate of Expenditures
referred to in Section 8 (C) of this Contract.
10. TDRA shall not be liable for costs incurred or performances rendered by Grantee before
commencement of this Contract or after termination of this Contract unless: (a) the costs are
specifically identified in Exhibit A, Performance Statement and Exhibit B, Budget, of this
Contract; (b) the costs incurred by Grantee were for otherwise allowable pre-agreement program
costs as set forth in Section 22(1) of this Contract; (c) Grantee has complied with all TDRA's
requirements applicable to the Disaster Recovery Grants provided under Public Law 110-329,
including: all applicable state and federal laws, such as procurement procedures, applicable
environmental, labor, civil rights and acquisition requirements; all provisions of this Contract; and
all applicable Texas Community Development Block Grant (CDBG) Disaster Recovery
Supplemental funding (TxCDBG-DRS) policies and procedures.
11. TDRA shall not be liable for costs incurryd and reserved on the Certificate of Expenditures if
such costs are not billed to TDRA within ninety (90) days after the contract's termination date. An
exception will be made for the reserved funds for the final 5% administrative drawdown for
programmatic closure. Audit funds reserved on the Certificate of Expenditures eligible for
reimbursement under the provisions of Section 19 of this Contract shall be billed to TDRA within
twelve months after the end of Grantee's fiscal year that follows the termination date of this
Contract. TDRA shall de-obligate all reserved funds not requested under this subsection.
12. TDRA shall not be liable to Grantee for any costs incurred by Grantee or for any performances
rendered by Grantee which are not strictly in accordance with Public Law 110-329, the applicable
CDBG regulations, and other U. S. Department of Housing and Urban Development (HUD)
requirements that govern the use of the funds provided under this Contract.
Page 5 of26
- _:"*' . ...." ..:r: ""':':<'~;p'~"-
C. Excess Payments
Grantee shall refund to TDRA any sum of money which has been paid to Grantee by TDRA, which
TDRA determines has resulted in overpayment to Grantee, or which TDRA determines has not been
spent by Grantee strictly in accordance with the terms of this Contract. Such refund, shall be made by
Grantee to TDRA within thirty (30) working days after such refund is requested by TDRA.
SECTION 4.
CONTRACT AMOUNT and FUNDING ALLOCATION
Notwithstanding any other provision' of this Contract, the total of all payments and other obligations
incurred by TDRA under this Contract shall notj:exceed the sum of One Hundred Sixty Six Thousand
Six Hundred Sixty-Seven and Noll 00 Dollars ($166,667), reflecting the total allocation of disaster
recovery funds to Grantee. This contract allocation includes a maximum of $16,800 for
engineering/architectural services, and a maximum of $17,067 for planning/project delivery costs that
will be distributed in the manner described below.
Funds for the engineering/architectural services and planning/project delivery costs-though allocated
to Grantee herein-will be retained and distributed by TDRA directly to the Design Engineer(s) and
Grant Administrator(s) selected by Grantee and who contract with TDRA. Alternatively, funds will be
paid directly to Grantee if such services are provided in-house, in accordance with the terms of this
Contract.
In addition to the maximum contract amount specified above, funds for the cost of performance of
required environmental review services will be allocated to Grantee and paid on Grantee's behalf as
follows. Funding for environmental review services will be retained by TDRA. TDRA will pay and
bear the cost of the initial environmental review related to projects under this Contract, and any
subsequent environmental review necessitated by finding(s) made during the initial environmental
review process. Exception: TDRA will not payor bear the cost of, and grant funds may not be used
for, contracted services rendered by providers outside of TDRA 's Master Lists.
SECTION 5.
METHOD OF PAYMENT
A. Grantee shall request payment under this Contract by submitting to TDRA-at the designated
office location-a completed Request for Payment form accompanied by detailed documentation
supporting the request, and a State of Texas Purchase Voucher, as specified by TDRA. TDRA shall
determine the reasonableness of each payment amount requested and shall not make disbursement of
any payment until TDRA has reviewed and approved such request.
B. Grantee's requests for the advance of funds shall be limited to the minimum amounts needed for
effective operation of programs under this Contract, and shall be timed as closely as possible to be in
accord with actual cash requirements. Grantee shall establish procedures to minimize the time
elapsing between the transfers of funds from TDRA to Grantee and shall ensure that such funds are
disbursed as soon as administratively possible.
C. Notwithstanding the provisions of Section 5 (A) of this Contract, it is expressly understood and
agreed by the parties that payments under this Contract are contingent upon Grantee's full and
satisfactory performance of its obligations under this Contract.
Page 6 of26 '
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D. It is expressly understood and agreed by the parties that any right or remedy provided for in this
Section 5 or in any other provision of this Contract shall not preclude the exercise of any other right or
remedy under this Contract or under any provision of law, nor shall any action taken in the exercise of
any right or remedy be deemed a waiver of any other rights or remedies. Failure to exercise any right
or remedy shall not constitute a waiver of the right to exercise that or any other right or remedy at any
time.
E. The amount of funds paid on behalf of the coIhmunity for administration cost (which is included in
the Planning/Project Delivery costs in the Budget, Exhibit B) will be determined by a current and valid
contract between TDRA and the grant administration firm. The amount of funds paid will be either a
fixed-rate based on the amount of the grant awarded herein and the number of construction projects as
described in the Performance Statement, Exhibit A, or an Itemized Pricing Structure for Local Project
Delivery (Administrative) Expenses.
SECTION 6.
UNIFORM ADMINISTRATIVE REQUIREMENTS. COST PRINCIPLES.
AND PROGRAM INCOME
A. Except as specifically modified by law or the prOVISIons of this Contract, Grantee shall, in
performing under this Contract, comply with the Regulations in Exhibit D and, for matters not
addressed therein, with 24 CFR Part 85, "Administrative Requirements for Grants and Cooperative
Agreements to State, Local and Federally Recogn,ized Indian Tribal Governments" (referred to as the
"Common Rule"), as modified by the rules promulgated by the Office of the Governor under the
Uniform Grant and Contract Management Act (TEX. GOV'T CODE Chapter 783). The allowability of
costs incurred for performances rendered shall be determined in accordance with Office of
Management and Budget (OMB) Circular A-87, as supplemented by the Uniform Grant Management
Standards (UGMS) and the terms and conditions of this Contract.
B. Grantee shall comply with the requirements set forth in 24 CFR Section 570.489(e) of the
Regulations to account for program income related to activities financed in whole or in part with funds
provided under this Contract.
Grantee shall maintain records of the receipt and accrual of all program income in the same manner as
required for all other funds under this Contract, and Grantee shall provide reports of program income
to TDRA with each form submitted by Grantee in accordance with Section 8 of this Contract. All
program income must be returned to TDRA on at least a quarterly basis and must be reported to TDRA
in perpetuity.
SECTION 7.
RETENTION AND ACCESSIBILITY OF RECORDS
A. Grantee shall maintain fiscal records and supporting documentation for all expenditures of funds
made under this Contract in a manner which conforms to OMB Circular A-87, 24 CFR Section
570.490 of the Regulations in Exhibit D, and this Contract. Such records must include data on the
racial, etlmic, and gender characteristics of persons who are applicants for, participants in, or
beneficiaries of the funds provided under this Contract. Grantee shall retain such records, and any
supporting documentation, for the greater of these three (3) periods: (i) three (3) years from closeout of
the HUD disaster recovery grant to the state of Texas, not the closeout of this Contract; (ii) a date
consistent with the period required by other applicable laws and regulations as described in 24 CFR
570.487 and 570.488; or, (iii) if notified by TDRA. that audit issues have not been fully resolved, the
date TDRA accepts Grantee's audit or TDRA resolves to its satisfaction the audit issues. If an
expenditure or audit report has been waived, the retention period is based on the other two (2) dates
alone.
Page 7 of26
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B. Grantee shall give the United States Department of Housing and Urban Development, the Inspector
General, the Government Accountability Office, the Auditor of the State of Texas, an office or agency
of the State of Texas, TDRA, the PMC, or any of TDRA's other duly authorized representatives,
access to and the right to examine all books, accounts, records, reports, files, and other papers, things,
or property belonging to or in use by Grantee pertaining to this Contract. Such rights to access shall
continue as long as the records are retained by Grantee. Grantee agrees to maintain such records in an
accessible location and to provide citizens reasonable access to such records consistent with the Texas
Public Information Act (TEX. GOV'T CODE Chapter 552).
C. Grantee shall include the substance of this Section 7 in all subcontracts.
SECTION 8.
REPORTING REQUIREMENTS
A. Grantee shall submit to TDRA such reports on the operation and performance of this Contract as
may be required by TDRA including but not limited to the reports specified in this Section 8.
B. Grantee shall submit a Quarterly Progress Report to TDRA no later than the fifteenth day of the
month after the end of each calendar quarter of the contract period specified in Section 2, and
continuing until all funds have been expended and all expenditures reported. The Quarterly Progress
Report shall be in a format prescribed by TDRA and shall include a report of the progress, in narrative
form, of all construction and non-construction a~tivities by budget categories performed pursuant to
Exhibit A, Performance Statement, and of the expenditures and obligations of funds by budget
category made pursuant to Exhibit B, Budget. The Quarterly Progress Report may also include
information about the uses of funds during the applicable quarter including (but not limited to) the
project names; activity descriptions, locations, and beginning/ending dates; national objective
compliance; non-CDBG funding source information; and performance measure details.
C. Grantee shall submit a Certificate of Expenditures to TDRA no later than sixty (60) days after the
contract termination date or at the conclusion of all contract activities as determined by TDRA. The
Certificate of Expenditures shall be in a format prescribed by TDRA and shall be accompanied by a
final Project Completion Report of all activities performed under this Contract.
D. In addition to the limitations on liability otherwise specified in this Contract, it is expressly
understood and agreed by the parties that if Grantee fails to submit to TDRA in a timely and
satisfactory manner any report required by this Cpntract, TDRA may, at its sole option and in its sole
discretion, withhold any or all payments otherwise due or requested by Grantee. If TDRA withholds
such payments, it shall notify Grantee in writing of its decision and the reasons therefore. Payments
withheld pursuant to this paragraph may be held by TDRA until such time as the delinquent
obligations for which funds are withheld are fulfilled by Grantee.
E. Grantee is required to immediately report to TDRA any incident of criminal misapplication of
TxCDBG-DRS funds, or other instances of fraud affecting TxCDBG-DRS funds or related projects,
associated with this Contract.
Page, 8 of 26
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SECTION 9.
MONITORING
TDRA reserves the right to perform periodic on-site monitoring of Grantee's compliance with the
tenns and conditions of this Contract, assurance of non-duplication of beneficiaries and of the
adequacy and timeliness of Grantee's performances under this Contract. After each monitoring visit,
TDRA shall provide Grantee with a written report of the monitor's findings. If the monitoring reports
note deficiencies in Grantee's performances under the terms of this Contract, the monitoring report
shall include requirements for the timely correction of such deficiencies by Grantee. Failure by
Grantee to take action specified in the monitoring report may be cause for suspension or tennination of
this Contract, as provided in Sections 17 and 18 of this Contract.
SECTION 10.
INDEPENDENT GRAN'f.EE
It is expressly understood and agreed by the parties that TDRA is contracting with Grantee as an
Independent Grantee, and that Grantee, as such, agrees to the extent allowed by law to hold TDRA
harmless and to indemnify TDRA from and against any and all claims, demands, and causes of action
of every kind and character which may be asserted by any third party occurring or in any way incident
to, arising out of, or in connection with the services to be performed by Grantee under this Contract.
SECTION 11.
SUBCONTRACTS
A. Except for subcontracts to which the federal labor standards requirements apply, Grantee may
subcontract for certain performances described in this Contract without obtaining TDRA's prior written
approval. TDRA will be liable for the procurement of the contracted services described in Section
3(B) of t~is Contract, and will be liable for holding a current and valid contract with the providers of
those specified services. For subcontracts to which the federal labor standards requirements apply,
Grantee shall submit a Subcontractor Eligibility form, as specified by TDRA, for each proposed
subcontract, and obtain TDRA's prior writtep approval. Grantee, in subcontracting for any
perfonnances described in this Contract, expressly understands that in entering into such subcontracts,
TDRA is in no way liable to Grantee's subcontractor(s).
B. In no event shall any provision of this Section 11, specifically the requirement that Grantee obtain
TDRA's prior written approval of a subcontractor's eligibility, be construed as relieving Grantee of the
responsibility for ensuring that the performances rendered under all subcontracts are rendered so as to
comply with all of the tenns of this Contract, as if such performances rendered were rendered by
Grantee. TDRA's approval under Section II does not constitute adoption, ratification, or acceptance
of Grantee's or subcontractor's perfonnance. TDRA maintains the, right to insist upon Grantee's full
compliance with the terms of this Contract, and by the act of approval under Section 11, TDRA does
not waive any right of action which may exist or which may subsequently accrue to TDRA under this
Contract.
C. Grantee shall comply with 24 CFR Section 85.36, this Contract and all applicable federal, state and
local laws, regulations, and ordinances for making procurements under this Contract.
D. Grantee shall retain the amount of five percent (5%) of each construction or rehabilitation
subcontract entered into by Grantee until TDRA detennines that the Federal labor standards
requirements applicable to each such subcontract have been satisfied.
Page 9 of 26
.~,;~.. I "~"i*;
SECTION 12.
CONFLICT OF INTEREST
A. Grantee shall ensure that no employee, officer, or agent of Grantee shall participate in the selection,
or in the award or administration of a subcontract supported by funds provided if a conflict of interest,
real or apparent, would be involved. Such conflict of interest would arise when: 1) the employee,
officer, or agent; 2) any member of his or her immediate family; 3) his or her partner; or 4) any
organization which employs, or is about to emplqy any of the above; has a financial or other interest in
the firm or person selected to perform the subcontract. Grantee shall comply with Chapter 171, Texas
Local Government Code and 24 CFR 570.489(h) of the federal regulations.
B. In all cases not governed by Subsection (A) of this Section, no persons specified in subsection (C)
of this Section who exercise or have exercised 'any functions or responsibilities with respect to the
activities assisted under this Contract or any other CDBG contract, or who are in a position to
participate in a decision making process or gain inside information with regard to such activities, may
obtain a financial interest or benefit from the activity, or have an interest or benefit from the activity, or
have any interest in any contract, subcontract or agreement with respect thereto, or the proceeds
thereunder, either for themselves or those with whom they have family or business ties during their
tenure or for one (1) year thereafter.
C. The conflict of interest provisions of Subsection (B) apply to any person who is an employee,
agent, consultant, officer, or elected official or appointed official of Grantee or of a subcontractor of
Grantee.
D. Grantee shall include the substance of this section in all subcontracts.
SECTION 13.
NONDISCRIMINATION. RELIGIOUS ACTIVITY. AND FAITH..BASED
ORGANIZATIONS
A. Grantee shall ensure that no person shall on the ground of race, color, national origin, religion, sex,
age, or handicap be excluded from participation in, be. denied the benefits of, or be subjected to
discrimination under or be denied access to any program or activity funded in whole or in part with
funds made available under this Contract.
B. Organizations that are religious or faith-based are, eligible, on the same basis as any other
organization, to participate in this program and activities funded under this Contract. Grantee shall not
discriminate against an organization on the basis of the organizations' religious character or affiliation.
None of the performances rendered by Grantee under this Contract shall involve, nor shall any portion
of the funds received by Grantee under this Contract, be used to engage in inherently religious
activities. Funds made available under this Contract may not be used for the acquisition, construction,
or rehabilitation of structures to the extent that those structures are used for inherently religious
activities. Funds made available under this Contract may be used for the acquisition, construction, or
rehabilitation of structures only to the extent that those structures are used for conducting eligible
activities. Where a structure is used for both eligible and inherently religious activities, funds made
available under this Contract may not exceed the ,?ost of those portions of the acquisition, construction,
or rehabilitation that are attributable to eligible activities in accordance with the cost accounting
requirements applicable to funds provided under this Contract. Grantee shall comply with the
regulations promulgated by the U.S. Department of Housing and Urban Development on faith-based
activities at 24 CFR 9570.2000).
Page 10 of26
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SECTION 14.
LEGAL AUTHORITY
A. Grantee assures and guarantees that Grantee possesses the legal authority to enter into this
Contract, receive funds authorized by this Contract, and to perform the services Grantee has obligated
itself to perform.
B. The person or persons signing and executing this Contract on behalf of Grantee, or representing
themselves as signin g and executing this Contract on behalf of Grantee, do hereby warrant and
guarantee that he, she or they have been duly authorized by Grantee to execute this Contract on behalf
of Grantee and to validly and legally bind Grantee to all terms, performances, and provisions set forth.
C. TDRA shall have the right to suspend or terminate this Contract if there is a dispute as to the legal
authority of either Grantee or the person signing this Contract to enter into this Contract or to render
performances. Grantee is liable to TDRA for any: money it has received from TDRA for performance
of the provisions of this Contract, if TDRA has suspended or terminated this Contract for reasons
enumerated in this Section 14.
SECTION 15.
LITIGATION AND CLAIMS
Grantee shall give TDRA immediate notice in writing of 1) any action, including any proceeding
before an administrative agency, filed against Grantee arising out the performance of any subcontract;
and 2) any claim against Grantee, the cost and. expense of which Grantee may be entitled to be
reimbursed by TDRA. Except as otherwise directed by TDRA, Grantee shall furnish immediately to
TDRA copies of all pertinent papers received by Grantee with respect to such action or claim.
SECTION 16.
CHANGES AND AMENDMENTS
A. Except as specifically provided otherwise in this Contract, any alterations, additions, or deletions to
the terms of this Contract shall be by amendment in writing and executed by both parties to this
Contract.
B. It is understood and agreed by the parties that performances under this Contract must be rendered
in accordance with the Act, applicable regulations, assurances and certifications made to TDRA by
Grantee, and the assurances and certifications made to the United States Department of Housing and
Urban Development by the State of Texas regarding the operation of the TxCDBG-DRS Program.
Accordingly, and in order to ensure the legal and effective performance of this Contract by both
parties, the parties agree that the provisions of the TxCDBG Proiect Implementation Manual apply to
this Contract, and that any amendments thereto are automatically incorporated into this Contract
without written amendment as follows: TDRA may from time to time during the period of
performance of this Contract issue policy directives which serve to establish, interpret, or clarify
performance requirements under this Contract. Such policy directives shall be promulgated by the
Deputy Executive Director for Disaster Recovery (or the Deputy Executive Director's designee(s)) in
the form of TxCDBG-DRS issuances, and shall have the effect of qualifying the terms of this Contract
and shall be binding upon Grantee, as if written herein. However, such policy directives and any
amendments to the TxCDBG Proiect Implementation Manual shall not alter the terms of this Contract
so as to release TDRA of any obligation specified in Section 4 of this Contract to reimburse costs
incurred by Grantee prior to the effective date of the amendments or policy directives.
C. Any alterations, additions, or deletions to the terms of this Contract which are required by changes
in Federal or State law or regulations are automatically incorporated into this Contract without written
amendment, and shall become effective on the date designated by such law or regulation.
Page 11 of26
~'"''''!I''''''''''''' .-':;'" '.-." ""."_iJ '~""""'."...........
D. Notwithstanding Subsection A of this Section 16, Grantee may make transfers of funds between or
among budget categories of Exhibit B, Budget, without requiring an amendment to this Contract or
otherwise requiring TDRA's prior written approval provided that: '
1. The cumulative dollar amount of all transfers among direct budget categories is equal to or less
than ten percent (10%) of the total amount of this Contract as specified in Section 4, but does not
exceed $25,000.
2. The transfer will not change the scope or objective of the projects funded under this Contract;
and "
3. Grantee submits a budget revision report to TDRA, on a form specified by TDRA,
simultaneously with the submission of Grantee's first request for payment following any such
transfers made in accordance with this Subsection D.
SECTION 17.
SUSPENSION
Notwithstanding the provisions of TEX. GOV'T CODE Chapter 2251, in the event Grantee fails to
comply with any term of this Contract, TDRA may, upon written notification to Grantee, suspend this
Contract in whole or in part and withhold further payments to Grantee, and prohibit Grantee from
incurring additional obligations of funds under this Contract.
SECTION 18.
TERMINATION
A. TDRA may terminate this Contract for cause based upon the failure of Grantee to comply with the
terms and/or conditions of the contract, provided that TDRA give Grantee written notice specifying
Grantee's failure. If within thirty (30) days after receipt of such notice, Grantee has not either
corrected such failure or, in the case of failure which cannot be corrected in thirty (30) days, begun in
good faith to correct said failure and thereafter proceed diligently to complete such correction and
thereafter maintain agreed upon performance standards, then TDRA may, at its option, give notice of
default to Grantee and terminate this Contract on the date specified in such notice. However, if TDRA
determines that Grantee is ineligible to receive the contract, TDRA may immediately terminate the
contract without further obligation to Grantee.
B. Either of the parties to this Contract shall have the right to terminate this Contract, in whole or in
part, when both parties agree that the continuation of the activities funded under this Contract would
not produce beneficial results commensurate with the further expenditure of funds; provided that both
parties agree, in writing, upon the terminatioI} conditions, including the effective date of such
termination; and in the case of partial termination;' the portion of the contract to be terminated.
C. Upon termination or receipt of notice to terminate, whichever occurs first, Grantee shall cancel,
withdraw, or otherwise terminate any outstanding orders or subcontracts related to the performance of ,
this Contract or the part of this Contract to be terminated, and shall cease to incur costs thereunder.
TDRA shall not be liable to Grantee or to Grantee's creditors for costs incurred after termination of this
Contract.
D. Notwithstanding any exercise by TDRA of its right of suspension under Section 17 of this
Contract, or of early termination pursuant to this Section 18, Grantee shall not be relieved of any
liability to TDRA for damages due to TDRA by virtue of any breach of this Contract by Grantee.
TDRA may withhold payments to Grantee until, such time as the exact amount of damages due to
TDRA from Grantee is agreed upon or is otherwise determined.
Page 120[26
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SECTION 19.
AUDIT
A. Grantee shall arrange for the performance of an annual financial and compliance audit of funds
received and performances rendered under this Contract, subject to the following conditions and
limitations: '
1. (a) Audit Required-Federal Awards. Grantees expending $500,000 or more in Federal
financial assistance for any fiscal year, beginning with fiscal years ending January 31, 2004 and
after, shall have a single audit conducted in accordance with the Single Audit Act Amendments of
1996, 31 V.S.C. 7501, and OMB Circular No. A-133 - Revised as of June 27, 2007 "Audits of
States, Local Governments, and Non-Profit Organizations." Alternatively, TDRA may require a
program specific audit for certain situations and when the Single Audit Act does not apply. For
purposes of this Section 19, "Federal finadcial assistance" means assistance that non-Federal
entities receive or administer in the form of grants, loans, loan guarantees, property (including
donated surplus property), cooperative agreements, interest subsidies, insurance, food
commodities, direct appropriations, and other assistance, but does not include amounts received as
reimbursement for services rendered to individuals as described in OMB Circular A-133
S_.205(h) and S_205(i). The term includes awards of Federal financial assistance received
directly from Federal agencies, or indirectly tIvough other units of State and local government.
(b) Audit Required-State Financial Assistance. Grantees that expended $500,000 or more in State
Financial Assistance for any fiscal year, beginning with fiscal years ending January 31, 2004 and
after, shall have a single or program specific audit conducted for that year in accordance with
provisions of the State of Texas Single Audit Circular and the Uniform Grant Management
Standards as adopted June 2004. For purposes of this Section 19, "State Financial Assistance" (or
cost reimbursement contract) means assistance that non-state entities receive or administer in the
form of grants, loans, loan guarantee, property (including donated surplus properties), cooperative
agreements, interest subsidies, insurance, food commodities, and other assistance, but does not
include amounts received as a reimbursement for services rendered to individuals as described in
S_.205 (t). "State Financial Assistance" (or cost reimbursement contract) is received directly
from state awarding agencies or indirectly from pass-through entities under a federal block grant.
State financial assistance also does not include federal awards as defined by OMB Circular A-133.
2. Audit Expenses. Notwithstanding Section 4, Grantee may utilize funds budgeted under this
Contract to pay for that portion of the cost of such audit services properly allocable to the activities
funded by TDRA under this Contract, provided however that TDRA shall not make payment for
the cost of such audit services until TDRA has received a satisfactory audit report and invoice, as
determined by TDRA, from Grantee; the invoice submitted for reimbursement should clearly show
the percentage of cost relative to the total single audit cost of the audit services. Therefore, when
submitting a request for audit fees reimbursyment, Grantee shall submit an invoice that clearly
shows the total cost of the audit and the cotresponding prorated charge per funding source. In
addition, when applicable, an explanation shall be submitted with the reimbursement request
supporting why the percentage of audit fee charges exceeds the percentage amount of TxCDBG-
DRS funds expended ofthe total funds expended by Grantee.
3. Grantee shall submit one (1) copy of the report of such audit to TDRA within thirty (30) days
after the completion of the audit, but no later than nine (9) months after the end of Grantee's audit
period (i.e., after Grantee's fiscal year end). Ii Grantee shall ensure that the audit report is made
available for public inspection within thirty (30) days after completion of the audit. Audits
performed under Subsection A of this Section 19 are subject to review and resolution by TDRA or
its authorized representative. Grantee shall ensure the Audit Report submitted include either in the
Page 13 of 26
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report or as part of the cover letter, auditor and Grantee contact information, including contact
person, mailing address, telephone, fax number and e-mail address. Grantee shall ensure the Audit
Report submitted also includes the submission of t~e CPA Management Letter if a Management
Letter was issued to Grantee by its CPA firm. Failure by Grantee to submit a completed single
audit package as described in the audit requirements by the required due date could affect funding
for all existing contracts, eligibility to apply under any . TxCDBG Program, and the issuance of
new contracts for funding awards.
4. Notwithstanding the requirements after paragraphs "A-l through 3" of this Section 19, Grantee
shall submit within sixty (60) days after its fiscal year end an Audit Certification Form (ACF) or a
similar statement. The ACF or statement will include information indicating if Grantee has or has
not met the $500,000 expenditure threshold that will require a Single Audit Report in accordance
with the UGMS, Subpart C-Post Award Requ,~rements, 9_.26 Audit, item (d). If Grantee did not
exceed the threshold, Grantee shall include with the ACF or statement, a list of all open TDRA
contracts providing financial assistance and the corresponding activity. Failure by Grantee to
submit an ACF or a similar statement or failure to submit a completed single audit package as
described in the audit requirements by the required due' date could affect funding for all existing
contracts, eligibility to apply under any TxCDBG Program, and the issuance of new contracts for
funding awards.
5. Pursuant to Title 1 of the Texas Administrative Code (TAC) g5.167(c), "Chapter 2105, Texas
Government Code, requires that all sub-recipients of federal block grants be included under the
provisions of the Uniform Grant and Contract Management Standards". UGMS S_.400 requires
"Recipients who are required to have a single audit and receive state or federal awards for more
than one state agency shall have a state single audit coordinating agency. The governor's office
shall designate a state single audit coordinating agency based upon the state awarding agency that
provides the predominant amount of direct funding to 'a recipient and other factors, as appropriate,
to ensure equitable and manageable workloads." Grantee has the responsibility to make this request
to the governor's office pursuant to 1 T AC 95.167( c )(2) which states: "To have a state single audit
coordinating agency designated a recipient must submit a written request to the Governor's Budget
and Planning Office, P.O. Box 12428, Austin, Texas 78711. This request must list the state
agencies providing financial assistance with the grant amounts for the year to be audited and
indicate that the governing body has authorized the initiation ofthe single audit."
B. Notwithstanding Subsection A of this Section 19, TDRA reserves the right to conduct an annual
financial and compliance review of .funds receiv:ed and performances rendered under this Contract.
Grantee agrees to permit TDRA or its authorized representative to audit Grantee's records and to
obtain any documents, materials, or information necessary to facilitate such review.
C. Grantee understands and agrees that it shall be liable to TDRA for any costs disallowed pursuant to
financial and compliance audit(s) of funds received under this Contract. Grantee further understands
and agrees that reimbursement to TDRA of such disallowed costs shall be paid by Grantee from funds
which were not provided or otherwise made available to Grantee under this Contract.
D. Grantee shall take such action to facilitate the performance of such audit or audits conducted
pursuant to this Section 19 as TDRA may require of Grantee. Grantee shall establish written standard
operating procedures and internal controls to include the timely procurement of a CPA firm to start and
complete the year end single audit report if applicable, in order to comply with contractual and
regulatory requirements. TDRA shall not release any funds for any costs incurred by Grantee under
this Contract until TDRA has received a copy of any audit report required by this Section 19.
Page 14 of26
E. Grantee shall procure audit services through an open, competitive process at least once every four
(4) years. The auditor shall retain working papers and reports for a minimum of three (3) years after
the date of issuance of the auditor's report to ,the auditee. Audit working papers shall be made
available upon request to TDRA at the completion of the audit, as a part of a quality review, to resolve
audit findings, or to carry out oversight responsibil!tie~ consistent with the purposes of this part.
Access to working papers includes the right to obtain copies of working papers, as is reasonable and
necessary .
F. Grantee 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. Grantee further agrees to cooperate fully with the State Auditor's Office
or its successor in the conduct of the audit or in~estigation, including providing all records requested.
Grantee will ensure that this clause concerning Ii the authority to audit funds received indirectly by
subcontractors through Grantee and the requirement to cooperate is included in any subcontract it
awards.
SECTION 20.
ENVIRONMENTAL CLEARANCE REQUIREMENTS
A. Grantee ResDonsibilities
1. Grantee understands and agrees that, while TDRA -is responsible for procurement and
assignment of environmental services on Grantee's behalf unless such services are self
administrated, by signing this Contract Grantee shall assume final responsibility for all
envIronmental review responsibilities required of Responsible Entities in the assumption of
authority for decision-making and action delegated by the U.S. Department of Housing and Urban
Development (HUD) under the National Environmental Policy Act (NEP A), other provisions of
law that further the purpose of NEP A, as specified in 24 CFR Part 58, and with all other terms,
provisions, and requirements set forth in this Contract. In accordance with Section 58.77(b) of such
regulations, Grantee further understands and agrees that Grantee shall handle inquiries and
complaints from persons and agencies seeking redress in relation to environmental reviews covered
by approved certifications.
2. Grantee understands and agrees that Grantee, or any of its duly authorized representatives,
shall, in a timely manner, prepare and present full and complete project site descriptions to TDRA,
or any of its duly authorized representatives, including the Environmental Service Provider, as
necessary for the conduct of any activities required by this Section 20. Grantee understands and
agrees that environmental review services, arid funding therefore, will be provided in accordance
with procedures described below.
3. Grantee ~nderstands and agrees that if, after an environmental review has been paid for by
TDRA, Grantee voluntarily chooses to change projects (i.e., the change, for whatever reason, is
not mandated or required by a finding(s) made during the environmental process), then Grantee
shall have the responsibility for and bear the cost of such additional environmental review(s).
B. TDRA'S RESPONSIBILITIES
Grantee understands and agrees that TDRA will perform the following functions related to projects
that are the subject of this Contract unless they are self-administered:
Page] 5 of26
.... i~",
1. Proiect Asshmment.
TDRA will assign the Environmental Service Provider for a community using an Environmental
Service Provider Work Order ("Work Order"). Each Work Order will be approved in writing by
the Deputy Executive Director of Disaster Recovery (or the Deputy Executive Director's
designee); and the approved Work Order must be signed and accepted by Environmental Service
Provider; and signed by Grantee/Grantee's authorized representative. Upon acceptance of the
work assignment, EnvironmeIl:tal Service Provider will return a copy of the signed and executed
Work Order to TDRA. Each signed and executed Work Order will be made a part of, and will be
governed by the terms and conditions of, the Contract between TDRA and the Environmental
Service Provider.
TDRA will determine, and include in the W,ork Order, the level of review required for Grantee's
project(s), in most cases based on the classification of the project(s) as requiring an Environmental
Assessment (EA), or being Categorically Excluded (CE) or Exempt. On rare occasion, a project
may be classified as requiring an Environmental Impact Statement (EIS). Should this unlikely
situation arise, TDRA will negotiate with Environmental Service Provider the level of
compensation and the expected performance ,schedule before any work on the EIS is commenced.
~ il
To the extent possible, TDRA will group activities that are geographically or functionally as a
single project that requires one (1) environmental review. If TDRA determines that aggregation is
not possible, or that various activities are not integrally related, then the projects will be handled
separately with individual environmental reviews.
2. TDRA Furnished Resources
Should the State Historic Preservation Office (SHPO) require a survey to be conducted, TDRA will
bear the cost of such survey, and the deadline for submission of the project deliverable will be
extended. ..
TDRA will assign an TDRA staff person to the contract with the Environmental Service Provider,
who will provide oversight ofthe activities conducted thereunder. Notwithstanding Environmental
Service Provider's responsibility for management during the performance of the contract services,
the assigned TDRA staff will be the principal point of contact on behalf of TDRA and will be the
principal point of contact for Environmental Service Provider concerning the conduct of the
environmental review services.
TDRA will contract the services of a program management 'firm (PMC) to serve as an extension of
its staff and administer the Disaster Recovery Program. The Environmental Service Provider is
expected to fully cooperate with the PMC in all efforts related to grant project environmental
reviews for Grantee.
Should Environmental Service Provider fail to properly perform the necessary environmental
review activities set forth below and in the executed Work Order, or otherwise fail to satisfy
performance obligations under its Contract with TDRA, in whole or in part, then TDRA may
cancel and replace the Environmental Service Provider on any or all projects under said Contract.
Page 16 of26
..~""~:~ ..~ .1.-~~' "'" .~
C. ENVIRONMENTAL SERVICE PROVIDER RESPONSIBILITIES
Grantee understands and agrees that Environmental Service Provider will perform the following duties
and responsibilities to satisfy environmental clearance requirements on Grantee's behalf:
Environmental Service Provider will confirm the level of review for the project(s) as designated by
TDRA. If Environmental Service Provider believes that the level of environmental review designated
is incorrect, or if subsequently during the review process Environmental Service Provider becomes
aware that the designated level of review may be incorrect, then Environmental Service Provider must
as soon as practicable, request in writing from TDRA that its Work Order be amended.
Environmental Service Provider must perform alIi of the environmental responsibilities, and follow all
applicable environmental review processes and procedures, required of a Responsible Entity under 24
CFR Part 58 on behalf of Grantee. In doing so, Environmental Service Provider must comply with the
provisions of the National Environmental Policy Act (NEP A) and the Council on Environmental
Quality (CEQ) regulations contained in 40 CFR parts 1500 through 1508, including the requirements
set forth in this part, and all applicable HUD Environmental Standards.
Upon receipt of the project site descriptions for Grantee's projects, set forth in Grantee's Performance
Statements, Environmental Service Provider will begin the environmental review process and perform
all of the actions required of a responsible entity to ensure compliance with the provisions set forth in
24 CFR Part 58 and in accordance with the schedule below:
Levels of Environmental Review
Schedule for Completion
Additional Services
90-days
60-days
30-days
Additional Activity, subject to Negotiation and a
New Work Order
Schedule for Completion
Environmental Assessments (24 CFR 58.36)
Categorically Excluded (24 CFR 58.35)
Exempt (24CFR 58.34)
Environment Impact Statement (24 CFR 58.37)
Including, but not limited to items
listed in Section 2.B.I. of this Contract
Additional Activity, subject to
Day-for-Day Extension and Amended Work Order
NOTE: The time frame will be revised appropriately and at the sole discretion ofTDRA or its agent in
the event of extraordinary circumstances (e.g., an archeological survey is required by the SHPO; or
the project(s) is located within a flood plain, etc.). Revised time frames for project completion shall be
reflected in a new or Amended Work Order, as applicable.
Environmental Service Provider must report to TDRA the status of each project review at 30, 60, and
90-day intervals.
Environmental Service Provider must conduct the review of Grantee projects in accordance with
applicable environmental clearance procedures in accordance with 24 CFR Part 58, Subpart E, as
summarized in part below, and in accordance with the timelines set forth in the executed Work Order
(Strict compliance with applicable notice requirements is necessary, and the failure to provide
proper notice, even by one (1) day, will result in the billing invoice and report being returned to
Environmental Service Provider to correct the error):
Page '17 of 26
, .../'"";. l ,,t.
1. Environmental Assessment
Environmental Service Provider must prepare a written Environmental Assessment of Grantee's
project acti~ities in accordance with 24 CFR Part 58, Subpart E, and the TxCDBG Project
~mplementatIOn. Manual. Environmental Service Provider must publish, in the manner prescribed
In 24 ~F~ SectIOns 58.43 and 58.45, a combined legal notice in a single publication: A Finding of
No Slgruficant Impact (FONSI) wherein E;nvironmental Service Provider or any of its duly
authorized representatives, certifies that, as a result of the Environmental Assessment, the project is
not .an action which mayor will significantly affect the quality of the human environment, and a
NotIce ofIntent to Request Release of Funds (NOI/RROF).
Environmental Service Provider must then provide the public with at least fifteen (15) calendar
days to comment on this combined notice following its publication date, unless exceptional
circumstances exist as specified in 24 CFR Section 58.46. If no unresolved problems occur,
Environmental 'Service Provider must submit to Grantee and then to TDRA the following
documents with supporting documentation. qrantee shall retain this document package as part of
the environmental review record:
a. Request for Release of Funds and' Finding of No Significant Impact Certification
Form (form HUD 7015.15);
b. Statutory Checklist (Covering 24 CFR Part 58.5) and HUD Compliance
Documentation Checklist (Covering 24 CFR Part 58.6);
c. Published FONSI and NOI/RROF;
d. Publisher's Affidavit (only needed if sending a photocopy of the publication and
not an original full page of the newspaper with publication title and date);
e. Map(s) of the project locations showing city or county boundaries; and
f. Project Descriptions
Upon submittal of the specified documents to TDRA, TDRA must allow a fifteen (15) calendar day
comment period to expire before formal rele~se of any project funds subject to the environmental
review regulations. Environmental Service' Provider must comply with all other applicable
environmental requirements and document its compliance in its environmental review file.
2. Catee:oricallv Excluded
Environmental Service Provider must complete a written Finding of Categorical Exclusion, as
applicable under 24 CFR Section 58.35(a), which cites the subsection of Section 58.35(a) by which
the activities or projects funded under this Contract are categorically excluded from the National
Environmental Policy Act (NEP A) requirements of 24 CFR Part 58. Environmental Service
Provider must then publish a Notice of Intent to Request Release of Funds (NOI/RROF) in the
manner prescribed in 24 CFR Section 58.43 and 58.45. Environmental Service Provider must
provide the public with at least seven (7) calendar days to comment on the Notice following its
publication date. Finally, Environmental Service Provider must submit to Grantee (for retention as
part ofthe environmental review record) and then to TDRA the following documents:
Page) 8 of26
'I
~.
. ~...,I\.;',
a. Request for Release of Funds and Certification Form (fonn HUD 7015.15);
b. Certification of Categorical Exclusion (Subject to 58.5) (CFR 58.35(a));
c. Compliance Documentatiol1 Checklist (CFR 58.6);
d. Published NOI/RROF;
e. Publisher's Affidavit (only needed if sending a photocopy of the publication and
not an original full page of the newspaper with publication title and date);
f. Map(s) of the project locations showing city or county boundaries; and
g. Project Descriptions
Upon submittal of the specified documents to TDRA, TDRA must allow a fifteen (15) calendar day
comment period to expire before formal release of any project funds subject to the environmental
review regulations. Environmental Service Provider must comply with all other applicable
environmental requirements and must document its compliance in its environmental review file.
"
3. Exemot
Environmental Service Provider must submit to Grantee for signature as the Responsible Entity, and
provide to TDRA a copy of, the following:
a. Written Certification of Exemption
b. Compliance Documents Ch~cklist 58.6
c. Project Description
Grantee shall retain this document package as a part of the environmental review record.
4. Environmental Imoact Statement
In the event that there is a Finding of Significant Impact, in which the Request for Release of
Funds for the project is an action which may significantly affect the quality of the human
environment, then the Environmental Service Provider must [after negotiations with TDRA and
issuance of a Work Order] prepare an Environinental Impact Statement in accordance with Subpart
F or Subpart G of 24 CFR Part 58.
5. Environmental Review Record
Environmental Service Provider will give the original Environmental Review Record (ERR),
including all supporting source documentation, to Grantee who must maintain a written ERR of
the review undertaken for its projects, and a copy of the ERR, including all related source
documentation to TDRA. However, the original certification will be filed with TDRA and a copy
given to Grantee.
Page 19 of26
"_!~\,i .""', + ,'4- ..~
SECTION 21.
CITIZEN PARTICIPATION WAIVER AND ALTERNATIVE
REQUIREMENTS
A. Provisions of Federal Notice [Docket No. FR-5256-N-Ol] entitled "Allocations and Common
Application and Reporting Waivers Granted to and Alternative Requirements for Community
Development Block Grant (CDBG) Appropriations", and relating to the supplemental funding for
natural disasters that occurred in 2008 (Public Law 110-329) expressly provides that the citizen
participation requirement is waived. This waiver removes the mandate for public hearings or meetings,
at either the state or local government level, as the method for disseminating information or collecting
citizen comments about proposed projects under this funding. However, while public hearing or
meeting requirements are waived, Grantee must ensure that all citizens have equal and ongoing access
to information about the projects; including, but not limited to, ensuring that project information is
available in the appropriate languages for the geographical area served by the jurisdiction. Information
furnished to citizens shall include, but not be limited to:
1. The amount of TxCDBG-DRS funds expected to be made available;
2. The range of activities that may be undertaken with the TxCDBG-DRS funds;
3. The estimated amount of the TxCDBG-DRS funds proposed to be used for
activities that will meet the national objective of benefit to low and moderate
income persons; and
4. The proposed TxCDBG-DRS activities likely to result in displacement and the
entity's anti-displacement and relocation plan.
B. Comolaint Procedures: Grantee must have written citizen complaint procedures that provide a
timely written response (within fifteen (15) wor1<:ing days) to complaints and grievances. Citizens
must be made aware of the location and the days and hours when the location is open for business so
they may obtain a copy of these written procedures.
C. Technical Assistance: When requested, Grantee shall provide technical assistance to group's
representative of persons of low and moderate income in developing proposals for the use of
TxCDBG-DRS funds. The level and type of assistance shall be determined by the applicant/recipient
based upon the specific needs of the community's residents.
D. Grantee shall maintain a citizen participation file which includes a copy of the Plan Requirements
'I .
described in the "2008 Supplemental Disaster Recovery Fund: Hurricanes Dolly and Ike Non-Housmg
Activities Application Guide"; Grantee's complaint procedures; any technical assistance provided by
Grantee; and public notices, minutes, and attendance lists for public hearings, if any.
SECTION 22.
SPECIAL CONDITIONS
A. As provided for in' Public Law 110-329, the contract funds may not be used for activities
reimbursable by or for which funds are made available by the Federal Emergency Management
Agency (FEMA), the Army Corps of Engineers (Corps), any other federal funding source, or covered
by insurance. Grantee shall ensure that any request for payment submitted to TDRA under this
Contract does not include a fund request for costs for activities reimbursable by or for which funds are
made available by FEMA, the Corps, any other federal funding source, or covered by insurance.
Further, none of the funds made available under this Contract may be used by Grantee as a matching
requirement, share, or contribution for any other federal program.
Page 20 of26
. '11
B. TDRA shall not release any funds for any costs incurred by Grantee under this Contract until
TO~ has received a copy of Grantee's previous fiscal year audit report or certification from Grantee
that Its fiscal control and fund accounting procedures are adequate to assure the proper disbursal of and
accounting for funds provided under this Contract. TDRA shall specify the content and form of such
certification.
C. TDRA shall not be liable to Grantee for any costs incurred by Grantee under this Contract until
TORA receives a properly completed Depository/Authorized Signators Form, as specified by TDRA
from Grantee.
D. Grantee shall not advertise or solicit bids for construction or rehabilitation of a project assisted with
funds provided under this Contract until Grantee has received the applicable prevailing wage rates
from TDRA.
E. In accordance with Section 18 of this Contract, this Contract shall terminate six (6) months after
the commencement date specified in Section 2 un,less activities specified in Section 20 of this Contract
have begun by such date. '
F. TDRA shall not be obligated to release any funds for any costs incurred by Grantee under this
Contract until Grantee has provided to TDRA any additional information related to the project
described in Exhibit A that TDRA determines necessary to complete the application or to otherwise
satisfy any TxCDBG-DRS program or Texas Disaster Recovery Grant Action Plan requirement.
G. Grantee shall ensure that any request for payment submitted to TDRA under this Contract does not
include a request for funds for costs that have been reimbursed from other sources.
H. Grantee shall, to the fullest extent necessary, pursue resolution of all compliance findings, collect
identified disallowed costs, submit timely bankruptcy filings, provide any required documentation,
attend administrative hearings, provide court testimony, and submit documentation to the Texas
Attorney General for further collection efforts and participate in the process provided under applicable
HUD regulations for any actions that HUD may take to address corrective and remedial actions
associated with funding provided under this Contract.
I. Grantee must take steps, as directed by TDRA, to avoid or mitigate occurrences of fraud, abuse, and
mismanagement, especially with respect to the financial management of this Contract and
procurements made under this Contract. Upon the discovery of such alleged or suspected fraud, the
Contractor shall immediately notify TDRA and appropriate law enforcement authorities, if necessary,
of the theft of any assets provided for under this Contract, malfeasance, abuse of power or authority,
kickbacks, or the embezzlement or loss of any funds under this Contract.
J. Public buildings, facilities, and centers constructed with TDRA TxCDBG-DRS assistance shall
have permanent signage placed in a prominent visible public area with the wording provided below.
The formatting of such signage will be at local discretion to best fit the architectural design of the
facility constructed but should be legible from at l~ast three (3) feet distance.
Other construction projects, e.g., water transmission lines, sewer collection lines, drainage, roadways,
housing rehabilitation, etc. utilizing TDRA Tx CDBG-DRS funding shall have temporary signage
erected in a prominent location at the construction project site or along a major thoroughfare within the
locality as directed by the owner.
Page2! of26
..~, ,: ~ ." '\:oW' .~'_ '
Proiect Shm Wordinl!:
"This project is funded by the Texas Department of Rural Affairs of the State of Texas, to
provide for disaster recovery and restoration of infrastructure for communities impacted by
the 2008 hurricanes. Funds allocated by the United States Department of Housing and
Urban Development through the Community Development Block Grant Program."
K. Pre-Aereement Costs. Notwithstanding Section 3(B)(10), Grantee shall be allowed to incur costs
prior to the commencement date specified in Se<::tion 2, but not prior to July 23, 2008 for damages
caused by Hurricane Dolly or September 13, 2008 for damages caused by Hurricane Ike. Such costs
may only be incurred for activities described in Exhibit A, Performance Statement, provided that these
activities meet the requirements of 24 CFR Part 570, Subpart I and 24 CFR Part 58. Pre-agreement
engineering and grant administration costs are eligible beginning (but not prior to) April 1, 2009, the
date the Master Lists for Design Engineers and Grant Administrators were released by TDRA.
L. Memoranda of Understandinl!llnterlocal Aereements. Prior to TDRA's release of funds, in any
case where Grantee is acting as the representative of or on behalf of other local government entities or
private service providers, Grantee and each other local government entity or private service provider
being represented shall enter into a Memorandum of Understanding (MOU) or Interlocal Agreement
which contains provisions defining: (1) the relationship between Grantee, the other local government
entity or private service provider and TDRA; (2) the path of communication to be used between
Grantee, the other local government entity or private service provider and TDRA; (3) a mechanism for
resolving conflicts or disputes; (4) clear delineation of access rights being given and rights of way
being shared as relate to activities specified in Exhibit A, Performance Statement; (5) the maintenance
by Grantee of receipts and documentation pertinent to this Contract, including furnishing such records
to TDRA as required; and (6) the manner in which projected annual operations and maintenance
expenses associated with the project(s) will be handled.
M. National Flood Insurance Pro2ram Compliance. Grantee shall provide documentation to TDRA
prior to release of funds which indicates that it has received approval from the Texas Water
Development Board (TWDB), the National Flood Insurance Program (NFIP) State Coordinating
Agency, that appropriate ordinances or orders necessary for Grantee to be eligible to participate in the
NFIP have been adopted.
Grantee understands and agrees that, where activities specified in Exhibit A, Performance Statement
involve structures that are located in Special Flood Hazard Areas (SFHA), flood insurance may be
required. In those instances, such flood insurance must be obtained prior to contract termination and
maintained as evidenced by a policy declaration form. A copy of the policy declaration form is to be
provided to TDRA and kept as part ofthe contract documentation.
N. Proiect Mappine/Desien Information. Grantee shall receive, from the Engineer(s) that provide
design engineering services for Grantee, and maintain a copy (in written and/or digital format) of the
final project record drawing(s) engineering schematics, as constructed using funds under this Contract.
O. Flood Insurance.
Grantee is hereby notified and understands and agrees that the subject property is located within a
floodplain and that following terms and conditions apply:
Page 22 of 26
, " ~t'. ., - "
1. Under the Flood Disaster Protection Act of 1973, as amended (42 U.S.c. 4001-4128), Federal
financial assistance for acquisition and construction purposes (including rehabilitation) may not be
used in an area identified by the Federal Emergency Management Act (FEMA) as having special
flood hazards, unless:
a. The community in which the area is situated is participating in the National Flood Insurance
Program (see, 44 CFR parts 59 through 79), or less than one (1) year has passed since the
FEMA notification regarding such hazards; and
b. The community is participating in the National Flood Insurance Program, flood insurance
protection is to be obtained as a condition of the approval of financial assistance to the property
owner.
2. Where the community is participating in the National Flood Insurance Program and the
recipient provides financial assistance for acquisition or construction purposes (including
rehabilitation) for property located in an area identified by FEMA as having special flood hazards,
the responsible entity is responsible for assuring that flood insurance under the National Flood
Insurance Program is obtained and maintained:
3. Paragraph (a) of this section does not apply to Federal formula grants made to a State.
However, all HUD requirements for the 8-Step Process for projects located in a Flood Hazard area
found at 24 CFR 55.20 will apply.
4. Under section 582 of the National Flood Insurance Reform Act of 1994,42 U.S.C. 515a, HUD
disaster. assistance that is made available in a special flood hazard area may not be used to make a
payment (including any loan assistance payment) to a person for repair, replacement or restoration
for flood damage to any personal, residential or commercial property if:
a. The person had previously receive d Federal flood disaster assistance conditioned on
obtaining and maintaining flood insurance; and
b. The person failed to obtain and maintain flood insurance.
5. Grantee understands and agrees that it has a responsibility to inform homeowners receiving
disaster assistance that triggers the flood insurance purchase requirement of their statutory
responsibility to notify any transferee of the requirement to obtain and maintain flood insurance,
and that the transferring owner may be liable if he or she fails to do so.
SECTION 23.
DEBARMENT
By signing this Contract, Grantee certifies that it will not award any funds provided under this Contract
to any party which is, debarred, suspended or otherwise excluded from or ineligible for participation in
federal assistance programs under Executive Order 12549 and 24 CFR Part 24. Grantee shall receive
the certification provided by TDRA from each proposed subcontractor under this Contract and its
principals.
Page 23 of26
J~.off1':'". :~",.~'
SECTION 24.
POLITICAL AID AND LEGISLATIVE INFLUENCE PROHIBITED
A. ~one of the funds provided under this Contract shall he used for influencing the outcome of any
electIOn, or the passage or defeat of any legislative measure. This prohibition shall not be construed to
prevent any official or employee of Grantee from furnishing to any member of its governing body
upon request, or to any other local or state official or employee or to any citizen information in the
hands of the employee or official not considered under law to be confidential information. Any action
taken against an employee or official for supplying such information shall subject the person initiating
the action to immediate dismissal from employment.
B. No funds provided under this Contract may be used directly or indirectly to hire employees or in
any other way fund or support candidates for!! the legislative, executive, or judicial branches of
government of Grantee, the State of Texas, or the government of the United States.
SECTION 25.
INDEMNIFICATION AND LIMITATION OF LIABILITY
Grantee shall defend, indemnify, and hold harmle~s the State of Texas, its officers, and employees, and
TDRA, its officers, and employees and Grantees, from and against all claims, actions, suits, demands,
proceedings, costs, damages, and liabilities, including without limitation attorneys' fees and court
costs, arising out of, connected with, or resulting from any acts or omissions of Grantee or any agent,
employee, subcontractor, or vendor in the execution or performance of any contract with Grantee
resulting from this Contract. Grantee shall coordinate its defense with the Texas Attorney General as
request by TDRA. This section is not intended to and shall not be construed to require Grantee to
indemnify or hold harmless the state or TDRA for any claims or liabilities resulting from the negligent
acts or omissions ofTDRA or its employees.
TDRA may, in addition to other remedies available to it at law or equity and upon notice to Grantee,
retain such monies from amounts due Grantee, or may proceed against the performance and payment
bonds, if any, as may be necessary to satisfy any claim for damages, penalties, costs and the like
asserted by or against it.
SECTION 26.
COMPLIANCE WITH CIVIL RIGHTS LAWS
Grantee agrees to abide by the requirements of the following as applicable: Title VI of the Civil Rights
Act of 1964 and Title VII of the Civil Rights ~ct of 1964, as amended by the Equal Employment
Opportunity Act of 1972, Federal Executive Order 11246 as amended, the Rehabilitation Act of 1973,
as amended, the Vietnam Era Veteran's Readjustment Assistance Act of 1974, Title IX of the
Education Amendments of 1972, the Age Discrimination Act of 1975, the Fair Housing Act of 1968 as
amended, and the requirements of the Americans with Disabilities Act of 1990. Additionally, to the
extent applicable, Grantee shall comply with the "Copeland "Anti-Kickback" Act (18 U.S.C. 874) as
supplemented in Department of Labor regulations (41 CFR part 3); the Davis-Bacon Act (40 U.S.C.
276a to 276a-7) as supplemented by Department of Labor regulations (29 CFR part 5); and Sections
103 and 107 of the Contract Work Hours and Safety Standards Act (40 U.S.C. 327A 330) as
supplemented by Department of Labor regulations, (29 CFR part 5).
Grantee agrees not to discriminate in its employment practices, and will render services under this
Contract without, regard to race, color, religion, national origin, veteran status, political affiliation, or
disabilities. Any act of discrimination committed by Grantee, or failure to comply with these statutory
obligations when applicable shall be grounds for termination of this Contract.
Page ?4 of26
,. ,.."".~.~...
SECTION 27.
SECTION 109 OF THE HOUSING AND COMMUNITY
DEVELOPMENT ACT OF 1974
No person in the United States shall on the grounds of race, color, national origin, or sex be excluded
from participation in, be denied the benefits of, or be subjected to discrimination under any program or
activity funded in whole or in part with funds made available under this Contract. Section 109 further
provides that discrimination on the basis of age under the Age Discrimination Act of 1975 or with
respect to an otherwise qualified handicapped individual as provided in Section 504 of the
Rehabilitation Act of 1973, as amended, is prohibited.
SECTION 28.
"SECTION 3" COMPLIANCE IN THE PROVISION OF TRAINING.
EMPLOYMENT AND BUSINESS OPPORTUNITIES
Grantee agrees to comply with the requirements of section' 3 of the Housing and Urban Development
Act of 1968, as amended, 12 U.S.C. 1701u (section 3) insofar as this act applies to the performance of
this agreement. The purpose of section 3 is to ensure that employment and other economic
opportunities generated by HUD assistance or HUD-assisted projects covered by section 3, shall, to the
greatest extent feasible, be directed to low- and very low-income persons, particularly persons who are
recipients of HUD assistance for housing. HUD-assisted projects covered by Section 3 are those
defined in 24 CFR 135.3 a) (2) and (a)(3).
SECTION 29.
CLEAN AIR ACT. CLEAN WATER ACT AND OTHER
REQUIREMENTS
Grantee agrees to comply with all applicable standards, orders, or requirements issued under section
306 of the Clean Air Act (42 U.S.C. 1857 (h)), section 508 of the Clean Water Act (33 U.S.C. 1368),
Executive Order 11738, and Environmental Protection Agency regulations (40 CFR part 15).
I
I
,
I
i
SECTION 30.
ENERGY EFFICIENCY
Grantee shall recognize mandatory standards and policies relating to energy efficiency which are
contained in the state energy conservation plan ;issued in compliance with the Energy Policy and
Conservation Act (Pub. L. 94A 163,89 Stat.871). :.
SECTION 31.
ORAL AND WRITTEN AGREEMENTS
A. All oral and written agreements between the parties to this Contract relating to the subject matter of
this Contract that were made prior to the execution of this Contract have been reduced to writing and
are contained in this Contract.
B. The attachments enumerated and denominated below are hereby made a part of this Contract, and
constitute promised performances by Grantee in accordance with Section 3 of this Contract:
1. Exhibit A, Performance Stat,ement
2. Exhibit B, Budget
3. Exhibit C, Certifications
4. Exhibit D, Applicable Laws and Regulations
5. Exhibit E, Project Implementation Schedule
Page 25 of26
. ~f1~-f" "".., '-.t ~.,.
SECTION 32.
VENUE
For purposes of litigation pursuant to this Contract, venue shall lie in Travis County, Texas.
THUS DONE AND SIGNED on the date(s) shown below:
,
Michael Pfeifer, County J
County of Calhoun
Charles S. (Charlie) Stone, Executive Director
Texas Department of Rural Affairs
Date:
1/1 ~,) 6-/)/
I I
Date:
Page 26 of26
EXHIBIT A
CONTRACT NO. DRSOI0020
PERFORMANCE STATEMENT
County of Calhoun
Grantee shall carry out the following activities in the :target area identified in its 2008 Texas CDBG Disaster
Recovery Supplemental Grant application to aid areas most impacted and distressed by Hurricanes Ike or
Dolly. The persons to benefit from the activities described in this Performance Statement must be receiving
service or a benefit from the use of the new or improved facilities and activities for the contract obligations
to be fulfilled. Grantee shall ensure that the amount of funds expended for each activity described does not
exceed the amount specified for such activity in Exhibit B, Budget.
!I
As a result of Hurricane Ike on September 13,2008, Ocean Drive, a primary access route for the area, was
submerged by flood waters that overwhelmed the existing drainage system and caused the road to fail to
function. The failure of the road to function threatened the public health, safety, and welfare of all served by
the road due to the unsafe conditions posed by the flood waters submerging the road. The city is in need of
infrastructure improvements to provide adequate drainage and ensure access of the road during storm events.
Street Improvements-4
Grantee shall elevate the roadway by installing approximately three thousand eight hundred cubic yards
(3,800 c.y.) of roadway embankment, approximately one thousand nine hundred linear feet (1,900 I.f.) of
road base, and associated drainage pipes and flumes. Construction shall take place on Ocean Drive from 24th
Street to Old Town Lake.
These activities shall benefit twenty-seven (27) persons, of which seventeen (17) or sixty-two percent (62%)
are of low to moderate income.
Engineering- 30
Grantee shall ensure that the amount of TDRA funds expended for all eligible project-related engineering
services, including preliminary and final design plans and specifications, all interim and final inspections,
and all special services does not exceed the amount specified for engineering in Exhibit B, Budget.
Planning / Proiect Deliverv-33
Grantee shall ensure that the amount of TDRA funds expended for all eligible project-related "planning /
project delivery" administration activities, including the required annual program compliance and fiscal audit
does not exceed the amount specified for Planning / Project Delivery in Exhibit B, Budget.
Page 1 of 1
EXHIBIT B
CONTRACT NO. DRSOIOO20
BUDGET
County of Calhoun
CONTRACT OTHER
LINE CA TEGORlES FUNDS FUNDS TOTAL
la. Water Facilities $ $ $
lb. Sewer Facilities $ $ $
2. Solid Waste Disposal Facilities $ $ $
3. Other Public Utilities (Gas) $ $ $
4. Street Improvements $ 132,800 $ -0- $ 132,800
5. Flood and Drainage Facilities $ $ $
5a. Flood and Drainage - Debris Removal $ $ $
6. Neighborhood Facilities/ $ $ $
Community Centers
7. Senior Centers $ $ $
8. Centers for the Handicapped! $ $ $
Sheltered Workshops
9. Parks, Playgrounds, and Other $ $ $
Recreational Facilities
10. Fire Protections Facilities $ $ $
and Equipment
11. Parking Facilities $ $ $
12. Pedestrian Malls and Walkways $ $ $
13. Specially Authorized Assistance $ $ $
to Privately Owned Utilities
14. Specially Authorized Public $ $ $
Facilities and Improvements
15. Public Services (LIMITED TO $ $ $
15% OF REQUEST)
16. Interim Assistance $ $ $
Page 1 of3
"
''''", "'''I',
CONTRACT OTHER
LINE CA TEGORlES FUNDS FUNDS TOTAL
17. Rehabilitation of Private $ $ $
Properties (Housing)
17a. Rehabilitation of Private $ $ $
Properties (Water Service)
17b. Rehabilitation of Private $ $ $
Properties (Sewer Service)
17c. Rehabilitation - Housing $ $ $
Reconstruction
17d. Rehabilitation - Emergency Repairs $ $ $
18. Rehabilitation of Public $ $ $
Residential Structures
19. Public Housing Modernization $ $ $
19a. Homeownership Assistance $ $ $
19b. Affordable New Housing $ $ $
20. Clearance Demolition Activities $ $ $
21. Historic Preservation $ $ $
22. Removal of Architectural Barriers $ $ $
23. Code Enforcement $ $ $
24. Acquisition $ $ $
25. Relocation Payments & Assistance $ $ $
26. Economic Development Loan $ $ $
27. Economic Devel. Interest Subsidy $ $ $
28. Economic Devel. Loan Guarantee $ $ $
29. Special Activities by Local Devel $ $ $
Corporations, Etc.
30. Engineering! Architectural Serv. $ 16,800 $ -0- $ 16,800
(Total for all construction accounts)
31. Planning Study $ $ $
(NOT TO EXCEED 16%)
Page 2 of3
iit-\. ,'_
CONTRACT OTHER
LINE CA TEGORIES FUNDS FUNDS TOTAL
32. General Administration $ $ $
32a. COG Administration $ $ $
33. Planning / Project Delivery $ 17,067 $ -0- $ 17,067
TOTALS $ 166,667 $ -0- $ 166,667
Page 3 of3
EXHIBIT C
CERTIFICATIONS
WITH RESPECT TO THE EXPENDITURE OF FUNDS PROVIDED UNDER THIS CONTRACT THE
COUNTY OF CALHOUN, CERTIFIES THAT; . ,
(1) IT WILL MINIMIZE DISPLACEMENT OF PERSONS AS A RESULT OF ACTIVITIES
ASSISTED WITH SUCH FUNDS;
(2) THE PROGRAM WILL BE CONDUCTED AND ADMINISTERED IN CONFORMITY
WITH THE CIVIL RIGHTS ACT OF 1964 (42 V.S.C. SEC. 2000A ET SEQ.) AND THE FAIR
HOUSING ACT (42 U.S.C. 3901 ET SEQ.), AND THAT IT WILL AFFIRMATIVELY FURTHER
FAIR HOUSING, AS SPECIFIED BY TDRA;
(3) IT WILL PROVIDE FOR OPPORTUNITIES FOR CITIZEN PARTICIPATION
,
HEARINGS AND ACCESS TO INFORMATION WITH RESPECT TO ITS COMMUNITY
DEVELOPMENT PROGRAMS, AS SPECIFIED BY TDRA;
II
(4) IT WILL NOT ATTEMPT TO RECOVER ANY CAPITAL COSTS OF PUBLIC
IMPROVE-MENTS ASSISTED IN WHOLE OR IN PART WITH SUCH FUNDS BY
ASSESSING ANY AMOUNT AGAINST PROPERTIES OWNED AND OCCUPIED BY
PERSONS OF LOW AND MODERA TEINCOME, INCLUDING ANY FEE CHARGED OR
ASSESSMENT MADE AS A CONDITION OF OBTAINING ACCESS TO SUCH PUBLIC
IMPROVEMENTS UNLESS (A) SUCH FUNDS ARE USED TO PAY THE PROPORTION OF
SUCH FEE OR ASSESSMENT THAT RELATED TO THE CAPITAL COSTS OF SUCH
PUBLIC IMPROVEMENTS THAT ARE FINANCED FROM REVENUE SOURCES OTHER
THAN SUCH FUNDS; OR (B) FOR PURPOSES OF ASSESSING ANY AMOUNT AGAINST
PROPERTIES OWNED AND OCCUPIED BY PERSONS OF MODERATE INCOME,
GRANTEE CERTIFIES THAT IT LACKS SUFFICIENT FUNDS UNDER THIS CONTRACT
TO COMPLY WITH THE REQUIREMENTSI'OF CLAUSE (A).
(5) IN THE EVENT THAT DISPLACEMENT OF RESIDENTIAL DWELLINGS WILL
OCCUR IN CONNECTION WITH A PROJECT ASSISTED WITH TxCDBG FUNDS, IT WILL
FOLLOW A RESIDENTIAL ANTIDISPLACEMENT AND RELOCA TION ASSISTANCE
PLAN, AS SPECIFIED BY TDRA.
(6) IT SHALL ADOPT AND ENFORCE A POLICY PROHIBITING THE USE OF
EXCESSIVE FORCE BY LAW ENFORCEMENT AGENCIES WITHIN ITS JURISDICTION
AGAINST ANY INDIVIDUAL ENGAGED IN NONVIOLENT CIVIL RIGHTS
DEMONSTRATIONS AND A POLICY OF ENFORCING APPLICABLE STATE AND LOCAL
LAWS AGAINST PHYSICALLY BARRING ENTRANCE TO OR EXIT FROM A FACILITY
OR LOCATION WHICH IS THE SUBJECT OF SUCH NONVIOLENT CIVIL RIGHTS
DEMONSTRATION WITHIN ITS JURISDICTION.
Page 1 0[2
'I
CERTIFICATION REGARDING LOBBYING FOR
CONTRACTS, GRANTS, LOANS, AND COOPERATIVE AGREEMENTS
"
COUNTY OF CALHOUN
CERTIFIES, TO THE BEST OF ITS 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 AN AGENCY A
,
MEMBER OF CONGRESS, AN OFFICER OR EMPLOYEE OF CONGRESS, OR AN
EMPLOYEE OF A MEMBER OF CONGRESS IN CONNECTION WITH THE AWARDING OF
ANY FEDERAL CONTRACT, THE MAKING OF ANY FEDERAL GRANT, THE MAKING
OF ANY FEDERAL LOAN, THE ENTERING INTO OF ANY COOPERATIVE AGREEMENT,
AND THE EXTENSION, CONTINUATION, RENEWAL, AMENDMENT, OR
MODIFICATION OF ANY FEDERAL CONTRACT, GRANT, LOAN, OR COOPERATIVE
AGREEMENT.
(2) IF ANY FUNDS OTHER THAN FEDERAL APPROPRIATED FUNDS HAVE BEEN
PAID OR 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 FORM - LLL, "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 SUBA WARDS
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 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.
Page 2 of2
EXHIBIT D
THE APPLICABLE ~A WS AND REGULATIONS
Grantee shall comply with the Act and Regulations specified in Section 3 of this Contract and with the OMB
Circular an~ federal regulations specified i? Section~ 6 and 7 of this Contract; Cash Management Improvement
Act regul~tI~~S (31 CFR Part 205); and wIth all other federal, state, and local laws and regulations applicable
to the actIVItIes and performances rendered by Grantee under this Contract including but not limited to the
laws, and the regulations promulgated thereunder specified in Section I through VII of this Exhibit D.
1. CIVIL RIGHTS
Title VI of the Civil Rights Act of 1964, (42 V.S.c. 2000d et seq.); 24 CFR Part 1, "Nondiscrimination in
Federally Assisted Programs of the Department ofijousing and Urban Development - Effectuation of Title VI
of the Civil Rights Act of 1964";
Title VIII of the Civil Rights Act of 1968, "The Fair Housing Act of 1968" (42 V.S.C. 3601 el seq.), as
amended;
Executive Order 11063, as amended by Executive Order 12259, and 24 C. F.R. Part 107, "Nondiscrimination
and Equal Opportunity in Housing under Executive Order 11063". The failure or refusal of Grantee to comply
with the requirements of Executive Order 11063 or 24 CFR Part 107 shall be a proper basis for the imposition
of sanctions specified in 24 CFR 107.60;
The Age Discrimination Act of 1975 (42 U.S.C. 6101 et seq.);
Section 504 of the Rehabilitation Act of 1973 (29 U.S.c. 794.) and "Nondiscrimination Based on Handicap in
Federally-Assisted Programs and Activities of the Department of Housing and Vrban Development", 24 CFR
Part 8. By signing this Contract, Grantee understands and agrees that the activities funded shall be operated in
accordance with 24 CFR Part 8; and the Architectunil Barriers Act of 1968 (42 V.S.C. 4151 et seq.), including
the use of a telecommunications device for deaf persons (TDDs) or equally effective communication system.
II. LABOR STANDARDS
The Davis-Bacon Act, as amended (40 U.S.c. 276a - 276a-5);
The Contract Work Hours & Safety Standards Act (40 V.S.C. 327 et seq.);
The Copeland "Anti-Kickback" Act (18 V.S.C. 874).
III. EMPLOYMENT OPPORTUNITIES
Section 3 of the Housing and Urban Development Act of 1968 (12 U.S.C.1701u).
IV. LEAD-BASED PAINT
Section 302 of the Lead-Based Paint Poisoning Prevention Act (42 U.S.C. 4831(b)) and the procedures
established by TDRA thereunder.
Page 1 of3
V. ENVIRONMENTAL LAW AND AUTHORITIES
Environmental Review Procedures for Recipients assuming HUD Environmental Responsibilities, 24 CFR
Part 58, as amended. .
In accordance with the provisions of law cited ijn ~58.l(b), the responsible entity must assume the
environmental responsibilities for projects under programs cited in S58.1 (b), and in doing so must comply
with the provisions of the National Environmental Policy Act of 1969, as amended and the Council on
Environmental Quality regulations contained in 40 CFR parts 1500 through 1508. This includes
responsibility for compliance with the applicable provisions and requirements of the Federal laws and
authorities specified in ~58.5 [below]. The responsible entity must certify that it has complied with the
requirements that would apply to HUD under these laws and authorities and must consider the criteria,
standards, policies and regulations of these laws and authorities.
(a) Historic Properties
(1) The National Historic Preservation Act of 1966 as amended (16 U.S.c. 470 et seq.),
particularly sections 106 and 110 (16 U.S.C. 470 and 470h-2), except as provided in S58.17 for
Section 17 projects.
(2) Executive Order 11593, Protection and Enhancement of the Cultural Environment, May 13,
1971 (36 FR 8921),3 CFR 1971-1975 Comp., p. 559, particularly section 2(c).
(3)
Federal historic preservation regulations as follows:
36 CFR part 800 with respect to HUD'iprograms
(4) The Reservoir Salvage Act of 1960 as amended by the Archeological and Historic
Preservation Act of 1974 (16 U.S.c. 469 et seq.), particularly section 3 (16 U.S.C. 469a-l).
(b) Floodplain management and wetland protection
(1) Executive Order 11988, Floodplain Management, May 24, 1977 (42 FR 26951),3 CFR, 1977
Comp., p. 117, as interpreted in HUD regulations at 24 CFR part 55, particularly section 2(a) of the
order (For an explanation of the relationship \'>etweeri the decision-making process in 24 CFR part 55
and this part, see ~55.l0 of this subtitle A.)
(2) Executive Order 11990, Protection of Wetlands, May 24,1977 (42 FR 26961), 3 CFR, 1977
Comp., p. 121 particularly sections 2 and 5.
(c) Coastal Zone Management
(1) The Coastal Zone Management Act of 1972 (16 U.S.C. 1451 et seq.), as amended,
particularly sections 307(c) and (d),(16 U.S.C. 1456(c) and (d)).
(d) Sole source aquifers
(1) The Safe Drinking Water Act of 1974 (42 V.S.C. 201, 300(f) et seq., and 21 V.S.C. 349) as
amended; particularly section 1424(e)(42 U.S.C. 300h-3(e).
(2) Sole Source Aquifers (Environmental Protection Agency-40 CFR part 149.)
Page 2 of 3
L __un
( e) Endangered species
(1) The Endangered Species Act of 1973 (16 U.S".C. 1531 et seq.) as amended, particularly
section 7 (16 U.S.c. 1536)
(f) Wild and scenic rivers
(1) The Wild and Scenic Rivers Act of: 1968 (16 U.S.C. 1271 et seq.) as amended, particularly
sections 7(b) and (c) (16 U.S.C. 1278(b) and (c)). '
(g) Air quality
(1) The Clean Air Act (42 U.S.C. 7401 et seq.) as amended, particularly sections 176(c) and (d)
(42 U.S.C. 7506(c) and (d)).
(2) Determining Conformity of Federal Actions to State or Federal Implementation Plans
(Environmental Protection Agency-40 CFR parts 6, 51, and 93).
(h) Farmland protection
(1) Farmland Protection Policy Act of 1981 (7 D.S.C. 4201 et seq.) particularly sections 1540(b)
and 1541 (7 U.S.C. 4201(b) and 4202).
(2) Farmland Protection Policy (Department of Agriculture-7 CFR part 658).
(i) HUD environmental standards
(1) Applicable criteria and standards specified in HUD environmental regulations (24 CFR part
Sl)(other than the runway clear zone and clear zone notification requirement in 24 CFR 51.303(a)(3)
(2) HUD Notice 79-33, Policy Guidance to Address the Problems Posed by Toxic Chemicals and
Radioactive Materials, September 10, 1979).
G) Environmental iustice
(1) Executive Order 12898 of February 11, 1994 --- Federal Actions to Address Environmental
Justice in Minority Populations and Low-Income Populations, (59 FR 7629), 3 CFR, 1994 Compo p.
859.
(k) Other requirements
See 24 CFR Part 58.6.
VI. ACQUISITION/RELOCA TION
The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (42 U.S.c. 4601 et
seq.), 24 CFR Part 42, and 24 CFR Section 570.606.
VII. FAITH-BASED ACTIVITIES
Executive Order 13279 of December 12,2002 - Equal Protection ofthe Laws for Faith-Based and Community
Organizations, (67 FR 77141).
Page 3 of3
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ACCEPT ORDER APPOINTING CYNTHIA L. MUELLER COUNTY AUDITOR FROM
DISTRICT COURT JUDGES:
A Motion was made by Commissioner Finster and seconded by Commissioner Lyssy to accept the
Order appointing Cynthia L. Mueller County Auditor form District Court Judges. Commissioners
Lyssy, Fritsch, Finster and Judge Pfeifer all voted in favor.
,
2/
COUNTY OF CALHOUN
STATE OF TEXAS
ORDER APPOINTING CYNTHIA L. MUELLER COUNTY AUDITOR
We, Joseph P. Kelly, Stephen Williams, III and Skipper Koetter, Judges of the 24th, l3Sth,
and 267th Judicial Courts respectively of Calhoun County, Texas, and having jurisdiction in the County
of Calhoun, State of Texas, which said County has a population of more than 10,000 inhabitants according
to the last preceding Federal Census, this day havi,ng considered the appointment of an Auditor of Accounts
and Finances for said County for a tenn of Two Years, beginning November 1,2009 and ending October
31,2011, do after consideration appoint Cynthia L. Mueller County Auditor in and for Calhoun County,
Texas for the said tenn and until her successor shall have been appointed and qualified.
IT IS ORDERED that said Cynthia L. Mueller shall before entering upon her duties, execute a
good and sufficient bond as provided by law.
IT IS FURTHER ORDERED that this appointment shall be recorded in the Minutes of the District
Courts of Calhoun County, Texas; and the clerk is directed to certifY the same to the Commissioners' Court
of Calhoun County for observance.
.",...
SIGNED AND APPROVED on this the ~ day of October, A.D., 2009.
FILED
AT it: az.O'CLOCK.A..:..-M
OCT 1 2 2009
PAMElAMAX'i IN HARTGROVE
OlS~CLE~,CALHOUNC~ ~
'j. ~ / I d
~~
','<f.:,it~
.1
$36,848 LOAN FROM GENERAL FUND TO THE GRANT FUND TO PAY FOR REPEATERS
FOR THE OPAVFD AND POCVFD TO BE PROCURED UNDER THE 2008 FEDERAL
HOMELAND SECURITY GRANT:
A Motion was made by Commissioner Finster and seconded by Commissioner Fritsch to approve a
loan from the General Fund to the Grant Fund for $36,848 to pay for repeaters for the OPAVFD
and POCVFD to be procured under the 2008 Federal Homeland Security Grant. Commissioners
Lyssy, Fritsch, Finster and Judge Pfeifer all voted in favor.
CAbHOU:~,CO:l!~lf!;!!' TE~~/_.;
201 Wes.t Au$1;:in ",-.:;-:=::-_.
Port Lavaca, -Texas 7 7'979:-
.'....:'..t..,
DATE: 10/28/09
Cal. Co. Grants Fund
190-102809
VENDOR #
879
A enda item to be a roved at 11/12/09
Commissioners Court
Notes to Treasurer:
For recei t
credit 2716-999-20610-568
COUNTY AUDITOR
APPROVAL ONLY
TOTAL
THE ITEMS OR SERVICES SHOWN ABOVE ARE NEEDED IN THE DISCHARGE
OF MY OFFICIAL DUTIES AND I CERTIFY THAT FUNDS ARE AVAILABLE TO PAY
THIS OBLIGATION.
DEPARTMENT HEAD DATE
I CERTIFY THAT THE ABOVE ITEMS OR SERVICES WERE RECEIVED BY ME
IN GOOD CONDITION AND REQUEST THE COUNTY TREASURER TO PAY
THE ABOVE OBLIGATION.
DEPARTMENT HEAD
DATE
. ~ UF D f(5){J.l ft-~fo
BIll to: ~
~1~~~2YN COUNTY p"~ }
Port Lavaca, Texas 77979
Purchase Order No.
070545
Name:
Motorola Inc.
Department:
CHECK REQUISITION/
PURCHASE ORD'=R===
ULTIMATE USER: '. ~ ~ 1
PO~T ALTO VFD I-'
~/l
I
VENDOR
State:
IL
Zip:
Sf6t~l
Zip:
I i
I
I
Address:
1301 E Algonquin
Address:
City:
Schaumburg
City:
Phone:
Phone:
ACCOUNT NO.
DESCRIPTION
UNIT PRICE QTY. TOTAL
1
lKSM9PWlAN MOTOROLA X
THE ITEMS OR SERVICES SHOWN ABOVE ARE NEEDED IN THE DISCHAR
OF MY OFFICIAL DUTIES AND I CERTIFY THAT FUNDS ARE AVAILABLE TO
PAY THIS OBLIGATION. I CERTIFY THAT THE ABOVE ITEMS OR SERVICES
WERE RECEIVED BY ME IN GOOD CONDITION AND REQUEST THE COUNTY
TREASURER TO PAY THE ABOVE OBLIGATION.
TOTAL
, APPROVAL
APPROVAL / DEPARTMENT HEAD
APPROVED
OCT 2 8 2009
stfi'-
~ ;.G~frE
COUNTY AUDITOR
" MOTOROLA
INVOICE
Page 1
Of
1307 E. Algonquin Rd Schaumburg, IL 60196
TOTAL INVOICE AMOUNT:
MOTOROLA INVOICE NUMBER:
INVOICE DATE:
PAYMENT DUE:
CUSTOMER ACCOUNT NUMBER:
PURCHASE ORDER DATE:
YOUR P.O.#: 070545
$15,409.98
13755022
10/04/2009
11/03/2009
1011955294 0001
09/28/2009
Visit our web site at: www.motorola.com
51
BILL TO CALHOUN COUNTY
201 W AUSTIN
PORT LAVACA. TX 77979
SHIP TO GOLDEN CREST COMMUNICATIONS
Port Alto VFD
103 JOHN STOCKBAUER DR
VICTORIA, TX 77901
For questions concerning this Invoice please contact
Motorola at: 1-888-567-7347
00007 -00004-00004
Payment Terms: NET 30 DAYS FROM INVOICE DATE
Sales Order Number: 0958530090478
Motorola Federal Tax Id: 36-1115800
Invoice Detail
Item Model Number
Qty Description
Unit Price
Amount
1
2
1
1
MOTOROLA QUANTAR REPEATER
MOTOROLA XTL2500 RADIO LINK
13,321.60
2,088.38
13,321.60
2,088.38
SUBTOTAL
Carrier: ABF
PLEASE PAY THIS AMOUNT (PAYMENT DUE: 11/03/2009)
15,409.98
15,409.98
'J -; \ I __ qu (A "'-1\" c:-, 0
d-- l ~ .:- \....- l..- \. \. ').~ SD - ":.J l,:,:7 C::,
Detach here and return bottom portion with your payment.
IM1A
------------------------------------------------------------
INVOICE NUMBER
CUSTOMER ACCOUNT NUMBER
PAYMENT DUE
Payment Coupon
Invoice Total
Amount Paid
13755022
1011955294 0001
11/03/2009
$15,409.98
PleaSE: put your invDice.; Number c:nd yom Custom,,:. Account Number
o-n your check. 'tor prompt proc,1~s~)~ng..
Send Payment To:
CALHOUN COUNTY
G MOTOROLA
P.O. BOX 404059
ATLANTA. GA 30384-4059
201 W AUSTIN
PORT LAVACA. TX 77979
0103070505000202 1011955294 0001 0000 100409 0001540998 07
~oc.. () F !J
CALHOUN COUNTY
201 West Austin
Port Lavaca, Texas 77979
Bill to:
~~ ~
~~
Purchase Order .~o. 0 7 0 5 4 6
VENDOR
CHECK REQUISITION/
PURCHASE ORDER-===
ULTIMATE USER:
Name:
Motorola Inc.
Department:
State:
IL
Zip:
60191
City:
Address:
1301 E Algonquin
City:
Schaumburg
State:
Zip:
Phone:
Phone:
ACCOUNT NO.
DESCRIPTION
UNIT PRICE QTY. TOTAL
~
1
M21KSM9PWIAN MOTOROLA XTL2500 RADIO L
1
TERMS: NET 30 Da s -
I~) 4[fl ,c;.
THE ITEMS OR SERVICES SHOWN ABOVE ARE NEEDED IN THE DISCHA E
OF MY aFFICIAL DUTIES AND I CERTIFY THAT FUNDS ARE AVAILABLE TO'
PAY THIS OBLIGATION. I CERTIFY THAT THE ABOVE ITEMS OR SERVICES
WERE RECEIVED BY ME IN GOOD CO'NDITION AND REQUEST THE COUNTY
TREASURER TO' PAY THE ABOVE OBLIGATIO'N.
TOTAL
, ,
I APPROVAL
APPROVAL / DEPARTMENT HEAD
APPROVED
OCT 2 8 2009
COUNTY AUDITOR
~t
SIG U
4/~61
" MOTOROLA
INVOICE
Page 1
of
1307 E. Algonquin Rd Schaumburg, IL 60196
TOTAL INVOICE AMOUNT:
MOTOROLA INVOICE NUMBER:
INVOICE DATE:
PAYMENT DUE:
CUSTOMER ACCOUNT NUMBER:
PURCHASE ORDER DATE:
YOUR P.O.#: 070546
$15.409.98
13755023
10/04/2009
11/03/2009
,1011955294 0001
09/28/2009
Visit our web site at: www.motorola.com
BILL TO CALHOUN COUNTY
201 W AUSTIN
PORT LAVACA, TX 77979
SHIPTO GOLDEN CREST COMMUNICATIONS
Port O'Connor VFD
103 JOHN STOCKBAUER DR
VICTORIA, TX 77901
For questions concerning this Invoice please contact
Motorola at: 1-888-567-7347
00008-00005-00004
Payment Terms: NET 30 DAYS FROM INVOICE DATE
Sales Order Number: 0958530090477
Motorola Federal Tax Id: 36-1115800
Invoice Detail
Item Model Number
Qty Description
Unit Price
Amount
1
2
1
1
MOTOROLA QUANTAR REPEATER
MOTOROLA XTL2500 RADIO LINK
13,321.60
2,088.38
13,321. 60
2,088.38
SUBTOTAL
Carrier: ABF
PLEASE PAY THIS AMOUNT (PAYMENT DUE: 11/03/2009)
15,409.98
15,409.98
~l \ \0 -CL C(q ~ \ \ 'd-~5l)-S0<;S
Detach here and return bottom portion with your payment.
IM1A
-------------------------------------------------------------------------.
INVOICE NUMBER
CUSTOMER ACCOUNT NUMBER
PAYMENT DUE
Payment Coupon
Invoice Total
Amount Paid
13755023
1011955294 0001
11/03/2009
$15,409.98
Pt0aSe put )four hlVORc.e Nun~hif:7r ~nd yout! ~~-~lston-~e-li' ACC:(HHyt r~urnb€H'
on. your CrH?'G~( tor prornp'?~
Send Payment To:
CALHOUN COUNTY
G MOTOROLA
P.O. BOX 404059
ATLANTA, GA 30384-4059
201 W AUSTIN
PORT LAVACA, TX .77979
0103070505000203 1011955294 0001 0000 100409 0001540998 05
/'
09-345-00819
Calhoun County EMS
216 E. Mahan Street
Port lavaca, Texas 77979
361-552-1140
Golden Crescent Communications
P.O. Box 3246
Victoria, Texas 77903-3246
V# 2666
ACCOUNT
NUMBER
DESCRIPTION
UNIT
QUANTITY, PRICE
TOTAL
PRICE
GRANT GRANT GRANT GRANT GRANT GRANT
$3,392.10
PORT ALTO VOLUNTEER FIRE
INSTALL GRANT REPEATER
..~~.......
Yl\__ ~ ~
"~'~
V#
TOTAL
$3,392.10
COUNTY AUDITOR
APPROVAL ONLY
THE ITEMS OR SERVICES SHOWN ABOVE ARE NEEDED IN TH'E DISCHARGE OF MY OFFICIAL
DUTIES AN I CERTI 70S ARE AVAILABLE TO PAY THIS OBLIGATION,
MENT HEAD H.J. Barber DATE
HAT THE ABOVE ITEMS OR SERVICES WERE RECEIVED BY ME IN GOOD
AND REQUEST THE COUNTY TREASURER TO PAY THE ABOVE OBLIGATION.
7/28/2009
BY:
DATE
to t9A.i ;}L fr; /J F D
uO\.Of.N ~C$o\'J-
COMMtJN!CATIONS SERVICES
P.O. BOX 3246
VICTORIA, TEXAS 77903-3246
BUS. (361) 578-4091
FAX (361) 572-8510
INVOICE
2 ()(; lJ
Date:
Due Date:
10/09/09
1 J /U;Sj09
Jnv. No.;
Page No.:
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AIIpart!j to complete instaj I. including;
Antennas. coax. CODnectors. grbunding,
t()wer mounting hardware, power supp) ics.
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Thank You far Choosing
GOLDEN CRESCENT COMMUNIC-A'frONS SERVICES
f()T AI~lM Your' Communi,catioTls Needs
i
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'--.--.-- ---rrqy:-TD~K,,,J
/'
09-345-00818
Calhoun County EMS
216 E. Mahan Street
Port Lavaca, Texas 77979
361.552.1140
Golden Crescent Communications
P.O. Box 3246
Victoria, Texas 77903-3246
V# 2666
ACCOUNT
NUMBER
DESCRIPTION
UNIT
QUANTITY PRICE
TOTAL
PRICE
GRANT GRANT GRANT GRANT GRANT
PORT O'CONNOR VOLUNTEER FIRE
$2,634.60
INSTALL GRANT REPEATER
~..,..".,.".."..
..Of.~.~.
.~~W,'.,
~
V#
TOTAL
$2,634.60
'I
COUNTY AUDITOR THE ITEMS OR SERVICES SHOWN ABOVE ARE NEEDED IN THE DISCHARGE OF MY OFFICIAL
APPROVAL ONLY DUTIES A D I C TIFY THAT FUNDS ARE AVAILABLE TO PAY THIS OBLIGATION.
7/2812009
H.J. Barber
DATE
I CER Y T AT THE ABOVE ITEMS OR SERVICES WERE RECEIVED BY ME IN GOOD
CONDITION AND REQUEST THE COUNTY TREASURER TO PAY THE ABOVE OBLIGATION,
BY:
DATE
A:
foe
IIFD
~ ',.'
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,..'.'.'.-,;.
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c,O\.otN
COMMUNICATIONS SERVICES
P.O. BOX 3246
VICTORIA. TEXAS 77903-3246
BUS. (361) 578-4091
FAX (361) 572.8510
INVOICE
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( 'U~TAL I
I TOTAL I
! I 1634.60
~PAY . (---------.--~
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2634. :iD
Thank You f~r Choosing
GOLDEN CRESCENT COMMUNICATIONS SERV1CES
For Al~lJ V01II Communicatjc)ns Needs
(; , 00
I,
AQUIRE BUILDERS RISK INSURANCE COVERAGE FOR THE OLD SEADRIFT LIBRARY
BUILDING:
A Motion was made by Commissioner Finster and seconded by Commissioner Fritsch to purchase
Builders Risk Insurance Coverage for the Old Seadrift Library Building. Commissioners Lyssy,
Fritsch, Finster and Judge Pfeifer all voted in favor.
2010 COUNTY CHOICE SILVER RENEWAL PACKET (INSURANCE FOR RETIREES):
A Motion was made by Commissioner Lyssy ahd seconded by Commissioner Finster to approve
the 2010 County Choice Silver Renewal Packet (insurance for retirees). Commissioners Lyssy,
Fritsch, Finster and Judge Pfeifer all voted in favor.
AUTHORIZE A LOAN TO THE MAGNOLIA BEACH VOLUNTEER FIRE DEPARTMENT
FROM THE GENERAL FUND IN THE AMOUNT OF $2,500 TO BE PAID BACK FROM THE
2010 BUDGET. SAID LOAN IS FOR NECESSARY REPAIRS FOR THE MAGNOLIA BEACH
FIRE TRUCK:
A Motion was made by Commissioner Finster and seconded by Commissioner Fritsch to authorize
a loan to the Magnolia Beach Volunteer Fire Department from the General Fund in the amount of
$2,500 to be paid back from the 2010 Budget. Said loan is for necessary repairs for the Magnolia
Beach Fire Truck. Commissioners Lyssy, Fritsch, Finster and Judge Pfeifer all voted in favor.
RESOLUTION IN SUPPORT OF DISBURSING ClAP FUNDS:
I!
A Motion was made by Commissioner Finster and seconded by Commissioner Lyssy to sign a
Resolution in Support of Disbursing ClAP Funds. Commissioners Lyssy, Fritsch, Finster and Judge
Pfeifer all voted in favor.
'-,: ~ ',,~~~'.'~"::r~:'<<.
.---
RESOLUTION
COASTAL IMPACT ASSISTANCE PROGRAM
(ClAP)
WHEREAS, The Energy Policy Act of2005 referenced the Coastal Impact Assistance Program (ClAP), recognized
that Gulf of Mexico Coastal States and their political subdivisions are impacted by oil and gas exploration and production
from federally mandated outer continental shelf mineral leases; and
WHEREAS, The Act included a formula that specified how the revenues would be allocated toeach state and its
political subdivisions; and
WHEREAS, The Act indicated that payments would be made for fiscal years 2007, 2008, 2009, and 20 I 0, with the
dollar amount of the Texas state allocation and each political subdivision determined; and
WHEREAS, Calhoun County did work diligently to recommend projects that would meet the initial Minerals
Management Service (MMS) criteria by holding public meetings and developed a priority procedure of selection for the
projects; and
WHEREAS, these projects were submitted to the Texas General land Office for inclusion in the Texas State Plan and
in spite of the expenditure of considerable resources and time over three plus years, funds have not been received for the
projects; and
WHEREAS, The delays in receiving funds is a result of multiple changes in the grant approval process by the MMS
and these delays have caused extra expense and time allocations for county personnel and volunteers; and
WHEREAS, even now a new directive has been issued that contradicts the previous directive and that has caused
further frustration and demoralizes the efforts to proceed with the previously selected projects; and
WHEREAS, continuous alterations and revisions by MMS to the grant criteria in addition to personnel changes have
caused the process to become so mired as to make the process untenable and caused serious financial difficulties and
cancellation of some projects resulting in thwarting the original intention of the statute.
NOW, THEREFORE, BE IT RESOLVED, that immediate action must be taken to eliminate the road blocks of
inefficient and ineffective administration of the ClAP so as to expedite approvals of the plans, distribute funds and allow
states and their political subdivisions to implement their projects.
AND BE IT FURTHER RESOLVED, that the current deadlines of December 2010 and 2011 must be extended for
realistic expectations of completion along with restoration of eligibility for,iuniversity and non-profits projects.
PASSED AND APPROVED THIS THE 12TH DAY OF NOVEMBER, 2009.
Roger C. Galvan
Calhoun County Commissioner, Pct. 1
L;, (/
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Vern Lyssy
Calhoun County Commissioner, Pct. 2
~nJ~
/
Neil . 'tsch
Calh un County Commissioner, Pet. 3
J:~adw. ~~J
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Kenneth W. Finster
Calhoun County Commissioner, Pet. 4
Attest: Anita Fricke, County Clerk
L\)ncLck VVtQ;\1Ltu
By: Deputy erk
RESOLUTION REGARDING HOME HEALTH AND HOSPICE:
A Motion was made by Commissioner Fritsch and seconded by Commissioner Lyssy to sign a
Resolution Regarding Home Health and Hospice Month. Commissioners Lyssy, Fritsch, Finster
and Judge Pfeifer all voted in favor.
RESOLUTION
HOME CARE & HOSPICE MONTH
WHEREAS, Home care and hospice are the most humane tradition of health service
delivery in Texas, enabling the aged and disabled to receive high-
quality medical assistance, long-term services and support, and end-of-
life care with dignity and in the comfoI"f of their own homes; and
WHEREAS, Home care in Texas is a growing alternative to hospitalization for
acute and chronic illnesses, serving millions of Americans each year;
and
WHEREAS, Thousands of hardworking men and women, in association with more
than 4,000 home care and hospice agencies, unite caring and
technology in providing cost-effective home care and hospice services
that stimulate quicker and better recoveries and improvements than
institutional care and pro vides for end1of-life care; and .
WHEREAS. These tirelessly dedicated home care and hospice professionals and
volunteers form a network of caring support in our nation's vast health
care system and deserve special honor and appreciation for their many
contributions; and
WHEREAS, The Texas Association for Home Care and the more than 4,000 home
and community support service agenci~s across Texas have declared
the month of November 2009 as Texas Home Care & Hospice Month
and are calling on all Texans to observe this occasion with appropriate
ceremonies and activities.
NOW, THEREFORE, BE IT RESOL YEn that the Commissioners' Court of
Calhoun County, Texas does hereby declare November, 2009 as
"Home Care and Hospice Month"
in Calhoun County; and encourage the support and participation of all citizens in learning
more about the home care concept of care for the elderly, disabled, and infirm.
Roger Galvan, Commissioner
Precinct No. 1
.e~{v.~
1<.enneth W. Finster, Commissioner
Precinct No.4
COUNTY REPORTS:
The County Clerk, JP #2, 3, 4 and JP #5 presented their monthly reports for the month of
October 2009 and the County Clerk presented her monthly report for September 2009 and after
reading and verifying same, a Motion was ma'de by Judge Pfeifer and seconded by Commissioner
Lyssy to accept said reports as presented. Commissioners Lyssy, Fritsch, Finster and Judge
Pfeifer all voted in favor.
I
"i
-
"
- .......-..--
,
'",
CIVIL FUNDS
County Fees
County Clerk's Fees
Recording
Prob~te
Civil
Total County Clerk's Fees
Judge's Fees
Probate
Civil
Total Judge's Fees
Probate Fees (Education Fees)
Sheriff's Fees
Jury Fees
Law Library Fees
Beer Licenses
Appellate Fund (TGC)
Court Reporter Fees
Civil Indigent Fees
Record Management Fees (County Clerk)
Record Management Fees (County)
Security Fees (County)
Bond Forfeitures
Subtotal County Fees
$14,437.50
42.00
720.00
$15,199.50
6.00
90.00
96.00
5.00
475.00
0.00
665.00
0.00
95.00
285.00
135.00
2,200.00
140.00
597.00
0.00
$19,892.50
State Fees
Judicial Funds (CV$1434 + PR$82)
Marriage License Fees
Birth Certificate Fees
Total State Fees
SUBTOTAL
Overpmt of Filing Fees to be Refunded by Co. Clk.
TOTAL CIVIL FUNDS COLLECTED
1,516.00
475.00
72.00
2,063.00
$21,955.50
$21,955.50
0.00
$21,955.50
CRIMINAL FUNDS $9257.00).
Total Criminal Court Costs & Fines & Pre- Trial Diversion
TOTAL FUNDS RECEIVED (As per ACS Report)
Bank Interest Eamed
$9,257.00
$31,212.60
Less Refunds for Overpayment of Filing Fees
TOTAL FUNDS RECEIVED $31,212.50
0.00
ADJUSTED FUNDS RECEIVED $31,212.50
Plus Re-Deposit of NSF Checks (Not recorded in ACS)
Less NSF Checks (Not recorded in AGS)
Co. Clerk Check
AMOUNT DUE COUNTY TREASURER '$31,212.60 I
.j.
~~
. --
ANITA FRICKE - COUNTY CLERK
MONTHLY REPORT RECAPITULATION (can't)
OFFICE FUND - OCTOBER 2009
DISBURSEMENTS
CK#
Pavable To
CASH ON HAND. OFFICE FUND
Beginning Book Balance
Funds Received
Disbursements
Plus Redeposit of NSF Checks
Less NSF Checks
Ending Book Balance
$0.00
DescriDtion
TOTAL DISBURSEMENTS
BANK RECONCILIATION. OFFICE FUND
Ending Bank Balance
Outstanding Deposits-
Outstanding Checks"
Plus Other Items"
Less Other Items"
Reconciled Bank Balance
Amount
$0.00
$0.00
$0.00
$0.00
$0.00
. --.. -.. -.. -..-. --.. -.. -.. -.. -.. -..-.. -.. --. -.. -.. -.. -.. -.. -.. -.. -...
CASH ON HAND. TRUST FUND
Beginning Book Balance
Funds Received
Disbursements
Ending Book Balance
$41,617.22
2,301.49
(1,586.57)
$42,332.14
BANK RECONCILIATION TRUST FUND
Ending Bank Balance
Outstanding Deposits"
Outstanding Checks"
Reconciled Bank Balance
"See Attached
$42,332.14
0.00
0.00
$42,332.14
Judge
~ --~--
...-
~
11/02/2009 Money Distribution Report Page
OCTOBER 2009 MONTHLY REPORT - JAMES Y DUCKETT JP2
-------------------------------------------------------------------------------------------- ---------------------------------------
Receipt Cause/Defendant Code Amount Code Amount 1 Code Amount I Code Amount Code Amount Code Amount Total
I 1
3405418 SC2009-0040 10-01-2009 FF 25.00 CIFF 6.00 I l",." 31.00
JORDAN, ALICIA I
09159333686 Money Order r-
3405419 2008-1848 10-01-2009 CCC 6.15 CHS 0.62 I LAF 0.77 TF 0.62 JCSF 0.15 JSF 0.46 10.00
MORALES, JEREMY RUSSELL JPAY 0.92 IDF 0.31 1
Cash 1
3405420 JV0708-0035 10-01-2009 CS 0.68 CCC 1.33 I CHS 0.13 TIME 0.83 TF 0.13 JCSF 0.03 3.50
MORALES, MELANIE ERICA JSF 0.10 JPAY 0.20 1 IDF 0.07
Cash 1
3405421 2009-0724 10-01-2009 CCC 2.89 CHS 0.29 1 LAF 0.36 TIME 1.81 TF 0.29 JCSF 0.07 6.50
MORALES, MELANIE ERICA JSF 0.22 JPAY 0.43 1 IDF 0.14
Cash 1 .1
3405422 2009-0821 10-01-2009 TFC 1.17 CCC 15;61 I CHS 1.56 SAF 1.96 1 TIME 9.76 TF 1.56 60.00
SOYA, MANUEL JR SUBC 11.70 JCSF 0.39 I, JSF 1.17 JPAY 2.34. IDF 0.78 FINE 12.00
Cash I
3405423 2009-1128 10-02-2009 FINE 80.00 I 80.00
RODRIGUEZ, JAIME RENE I
Cash I
3405424 2009-1129 10-02-2009 CCC 12.30 CHS 1.23 I LAF 1.54 TF 1.23 JCSF 0.31 JSF 0.92 20.00
RODRIGUEZ, JAIME RENE JPAY 1.85 IDF 0.62 I
Cash
3405425 2003-1928 10-02-2009 JCPT 2.00 CVC 15.00 TFC 3.00 CCC 17.00 FA 5.00 JCD 0.50 340.00
VALDEZ, KIMBERLY ANN CHS 3.00 CMI 0.50 SAF 5.00 YRNT 100.00 TIME 25.00 TF 4.00
MVBA 26787 Personal Check DPSC 30.00 SUBC 30.00 FINE 21.54 CSRV 78.46
3405426 2003-1928A 10-02-2009 JCPT 2.00 CVC 15.00 CCC 17.00 FA 5.00 JCD 0.50 CHS 3.00 589.60
VALDEZ, KIMBERLY ANN CMI 0.5,0 YRNT 100.00 TF 4.00 DPSC 30.00 FINE 276.54 CSRV 136.06
MVBA 26787 Personal Check
3405427 2008-0574A 10-02-2009 JCPT 2.00 CVC 15.00 CCC 17.00 FA 5.00 JCD 0.50 CHS 3.00 548.60
YAGNER, DENISE HALEY CMI 0.50 YRNT 50.00 TF 4.00 DPSC 30.00 FINE 295.00 CSRV 126.60
MVBA 26787 Personal Check
3405428 2005-0108 10-02-2009 TFC 2.23 CCC 29.47 CHS 2.21 SAF 3.68 YRNT 36.84 TIME 18.42 249.00
YALLINGSFORD, KIRKLYN T TF 2.95 DPSC 22.10 SUBC 22.10 FINE 40.00 CSRV 69.00
MVBA 26787 Personal Check
3405429 2005-0108A 10-02-2009 JCPT 2.00 CVC 15.00 CCC 17.00 FA 5.00 JCD 0.50 CHS 3.00 548.60
YALLINGSFORD, KIRKLYN T CMI 0.50 WRNT 50.00 TF 4.00 DPSC 30.00 FINE 295.00 CSRV 126.60
MVBA 26787 Personal Check
3405430 2006-0273 10-02-2009 TFC 3.00 CCC 40.00 CHS 3.00 LAF 5.00 WRNT 50.00 TIME 25.00 351.00
CHLAMON, ARMANDINA GAYTAN TF 4.00 DPSC 30.00 ,SUBC 30.00 JCSF 1.00 JSF 4.00 FINE 71.00
0675126545 Cashier's Check CSRV 81.00 JPAY 4.00
3405431 2006-0273A 10-02-2009 JCPT 2.00 CVC 15.00 CCC 17.00 FA 5.00 JCD 0.50 CHS 3.00 548.60
CHLAMON, ARMANDINA GAYTAN CMI 0.50 YRNT 50.00 TF 4.00 DPSC 30.00 FINE 295.00 CSRV 126.60
0675126545 Cashier's Check
3405432 2009-1166 10-02-2009 CCC 40.00 CHS 4.00 PYAF 5.00 TF 4.00 JCSF 1.00 JSF 3.00 165.00
ROORIGUEZ, JOHN ERIC JPAY 6.00 IDF 2.00 PWF 100.00
Cash I
3405433 2009-1167 10-02-2009 CCC 40.00 CHS 4.00 PYAF 5.00 TF 4.00 JCSF 1.00 JSF 3.00 I 165.00
RUBIO, JOHNNY JPAY 6.00 IDF 2.00 '1 PWF 100.00 1
Cash 1 1
3405434 2009-1057 10-02-2009 TFC 1.53 CCC 20.41 1 CHS 2.04 SAF 2.55 TF 2.04 SUBC 15.31 I 50.00
CRUZ, JASON JCSF 0.51 JSF 1.53 I JPAY 3.06 IDF 1.02 1
Cash 1 1
3405435 SC2009-0012 10-02-2009 APEL 10.00 I I 10.00
ESCALANTE, HOMER I 1
Cash I 1
...'- ~
11/02/2009 Money Distribution Report Page 2
OCTOBER 2009 MONTHLY REPORT - JAMES W DUCKETT JP2
--------------------------------------------------------------.--.-------.--------------------------------- -------------------------
Receipt Cause/Defendant Code Amount Code Amount Code Amount Code Amount Code Amount Code Amount Total
3405436 2008-0777 10-02-2009 CCC 4.70 CHS 0.47 SAF 0.59 WRNT 5.88 TIME 2.94 TF 0.47 20.00
ROCHA, JULIA ANNA DPSC 3.53 JCSF 0.12 JSF 0.35 JPAY 0.71 IDF 0.24
Cash
3405437 2009-1069 10-02-2009 FINE 15.00 15.00
BARRIENTEZ, VERONICA CHRISTINA
Cash
3405438 2009-1070 10-02-2009 CCC 27.70 CHS 2.77 LAF 3.46 TF 2.77 JCSF 0.69 JSF 2.08 45.00
BARRIENTEZ, VERONICA CHRISTINA JPAY 4.15 IDF 1.38
Cash
3405439 2009-0150 10-02-2009 FINE 83.00 83.00
MCBRIDE, HOLLY NICOLE
Cash
3405440 2009-0010 10-02-2009 FINE 35.00 35.00
MCBRIDE, CORY DALTON
Cash
3405441 2009-1064 10-02-2009 CCC 8.89 CHS 0.89 SAF 1.11 TIME 5.56 TF 0.89 JCSF 0.22 20.00
CASTRO, JUAN PABLO JSF 0.67 JPAY 1.33 IDF 0.44
Cash
3405442 2009-0659 10-05-2009 TFC 3.00 CCC 40.00 CHS 4.00 LAF 5.00 TF 4.00 SUBC 30.00 160.00
HALL, RALPH JCSF 1.00 JSF 3.00 JPAY 6.00 IDF 2.00 FINE 62.00
20159080284 Money Order
3405443 2009-1169 10-05-2009 CCC 40.00 CHS 4.00 PWAF 5.00 TF 4.00 JCSF 1.00 JSF 3.00 140.00
KINDSCHUH, JEFFREY ALEXANDER JPAY 6.00 IDF 2.00 PWF 75.00
20164823 Cashier's Check
3405444 2009-1168 10-05-2009 CCC 40.00 CHS 4.00 PWAF 5.00 TF 4.00 JCSF 1.00 JSF 3.00 170.00
KINDSCHUH, JEFFREY ALEXANDER JPAY 6.00 IDF 2.00 PWF 105.00
20164823 Cashier's Check
3405445 2009-1026 10-05-2009 TFC 1.47 CCC 19.59 CHS 1.96 SAF 2.45 TF 1.96 SUBC 14.69 245.00
TREVINO, NICHOLAS WADE JCSF 0.49 JSF 1.47 JPAY 2.94 IDF 0.98 FINE 197.00
7352017376 Money Order
3405446 2009-0561 10-05-2009 CCC 11.11 CHS 1. 11 SAF 1.39 TIME 6.94 TF 1.11 JCSF 0.28 25.00
JOHNSON, BLAIR NICOLE JSF 0.84 JPAY 1.66 IDF 0.56
10286576708 Money Order
3405447 2009-0527 10-05-2009 SEAT 25.00 25.00
GARZA, PAULA YOLANDA I
Cash , I
3405448 2009-0891 10-05-2009 CCC 1.25 CHS 0.12 I LAF 0.15 I TF 0.12 JCSF 0.03 JSF 0.09 2.00
SQUYRES, KAYLA DEANNE JPAY 0.18 IDF 0.06
Cash
3405449 2009-0891 10-05-2009 CCC 11. 07 CHS 1.11 LAF 1.39 TF 1.11 JCSF 0.28 JSF 0.83 18.00
SQUYRES, KAYLA DEANNE JPAY 1.66 IDF 0.55
Cash
3405450 2009-1104 10-05-2009 TFC 3.00 cee 40.00 CHS 4.00 LAF 5.00 TF 4.00 SUBC 30.00 298.00
LUXTON, THOMAS ALLEN II JCSF 1.00 JSF 3.00 JPAY 6.00 IDF 2.00 OFF 200.00
1764 Personal Check
3405451 2009-1215 10-05-2009 CCC 40.00 CHS 4.00 PWAF 5.00 TF 4.00 JCSF 1.00 JSF 3.00 165.00
ALBERETE, ROBERT NORIEGA JPAY 6.00 IDF 2.00 PWF 100.00
Cash
3405452 2009-0984 10-05-2009 CCC 17.77 CHS 1.78 SAF 2.22 TIME 11.11 TF 1.78 JCSF 0.45 40.00
LONGORIA, INCARNASION JSF 1.34 JPAY 2.66 IDF 0.89
Cash
3405453 2009-1199 10-05-2009 CCC 40.00 CHS 4.00 SAF 5.00 TF 4.00 JCSF 1.00 JSF 3.00 115.00
HAHN, WILLIAM HENRY JR JPAY 6.00 IDF 2.00 FINE 50.00
2632 Personal Check
~: .~
11/02/2009 Money Distribution Report Page 3
OCTOBER 2009 MONTHLY REPORT - JAMES W DUCKETT JP2
---------------------------------------------------------------------------------------------------------- ------------- -----------
Receipt Cause/Defendant Code Amount Code Amount Code Amount Code Amount I Code Amount Code Amount Total
3405454 2007-0607 10-06-2009 CSRV 15,00 15.00
MORENO, YOLANDA
Cash
3405455 2009-1087 10-06-2009 TFC 2.44 CCC 32.65 CHS 3.27 SAF 4.08 TF 3.27 SUBC 24.49 80.00
RIVERA, MARTHA RAMIREZ JCSF 0,82 JSF 2.45 JPAY 4.90 IDF 1.63
1014 Personal Check
3405456 2009-0934 10-06-2009 TFC 1.22 CCC 16.33 CHS 1.63 SAF 2.04 TF 1.63 SUBC 12.25 40.00
KING, BRITTANY ANTOINETTE JCSF 0.41 JSF 1.22 JPAY 2.45 IDF 0.82
Cash
3405457 CV2009-0029 10-06-2009 AF 5.00 5.00
COVINGTON CREDIT
Cash
3405458 CV2009-0036 10-06-2009 AF 5.00 5.00
COVINGTON CREDIT
Cash
3405459 CV2009-0050 10-06-2009 SF 75.00 FF 25.00 CIFF 6.00 106.00
COVINGTON CREDIT
018364 Personal Check
3405460 CV2009-0051 10-06-2009 SF 75.00 FF 25.00 CIFF 6.00 106.00
COVINGTON CREDIT
018363 Personal Check
3405461 CV2009-0052 10-06-2009 SF 75.00 FF 25.00 CIFF 6.00 106.00
COVINGTON CREDIT
018365 Personal Check
3405462 CV2009-0053 10-06-2009 SF 75.00 FF 25.00 CIFF 6.00 106.00
COVINGTON CREDIT
018362 Personal Check
3405463 2009-1010 10-06-2009 CCC 6.15 CHS 0.62 SAF 0.77 TF 0.62 JCSF 0.15 JSF 0.46 10.00
HERNANDEZ, PETER ALLEN JPAY 0.92 IDF 0.31
Cash
3405464 2009-1011 , 10-06-2009 TFC 0.31 CCC 4.08 CHS 0.41 SAF 0.51 TF 0.41 SUBC 3.06 10.00
HERNANDEZ, CHRISTINA ORTEGA JCSF 0.10 JSF 0.31 JPAY 0.61 IDF 0.20
Cash
3405465 2009-0832 10-06-2009 CCC 4.45 CHS 0.44 SAF 0.56 TIME 2.78 TF 0.44 JCSF 0.11 20.00
NAVA, DESI RAY JSF 0.33 JPAY 0.67 IDF 0.22 FINE 10.00
Cash
3405466 2009-0732 10-06-2009 PWF 53.00 53.00
SANCHEZ, TOMMY HEGINIO
Cash
3405467 2009-0229 10-06-2009 TFC 2.69 CCC 35.92 CHS 3.59 SAF 4.49 WRNT 50.00 TF 3.59 351.00
SIERRA, SHANE AUSTIN DPSC 30.00 SUBC 26.94 JCSF 0.90 JSF 2.69 JPAY 5.39 IDF 1.80
Cash SEAT 102.00 CSRV 81.00
3405468 2009-0732 10-06-2009 PIJF 2.00 2.00
SANCHEZ, TOMMY HEGINIO
Cash
3405469 2006-1133 10-08-2009 TFC 3.00 CCC 40.00 CHS 4.00 SAF 5.00 TIME 25.00 TF 4.00 453.70
FERNANDEZ, CATHERINE ANN DPSC 30.00 SUBC 30.00 JCSF 1.00 JSF 3.00 ,JPAY 4.00 FINE 200.00
CCSO JAIL Jail Credit CSRV 104.70
3405470 2008-1766 10-08-2009 CCC 28.23 CHS 2.82 SAF 3.53 IJRNT 35.29 TIME 17.65 TF 2.82 236.00
SMALLEY, JEREMY DALE DPSC 21.18 JCSF 0.71 JSF 2.12 JPAY 4.24 IDF 1.41 FINE 50.00
CCSO JAIL Jail Credit CSRV 66;00
3405471 2009-0432 10-08-2009 TFC 0.57 CCC 7.48 CHS 0.75 SAF 0.93 IJRNT 50.00 TIME 4.67 140.00
RAMIREZ, JOSE DAVID TF 0.75 DPSC 30.00 SUBC 5.61 JCSF 0.19 JSF 0.56 JPAY 1.12
17359327484 Money Order IDF 0.37 FINE 37.00
'e- '.,
11/02/2009 Money,Distribution Report Page 4
OCTOBER 2009 MONTHLY REPORT'- JAMES W DUCKETT JP2
-------------------------------------------------------------------------------------------- ---------------------------------------
Receipt Cause/Defendant Code Amount Code Amount I Code Amount Code Amount Code Amount Code Amount Total
I
3405472 2009-1172 10-08-2009 TFC 3.00 CCC 40.00 ,CHS 4.00 SAF 5.00 TF 4.00 SUBC 30.00 108.00
JURASEK, CHRISTINE J JCSF 1.00 JSF 3.00 JPAY 6.00 IDF 2.00 CJDR 0.10 DDC 9.90
c939013973 Money Order
3405473 2008-1513 10-08-2009 CCC 30.60 CHS 3.06 LAF 3.82 WRNT 38.23 TIME 19.12 TF 3.06 304.50
AIKEN, RUBEN . DPSC 22.94 JCSF 0.76 JSF 2.29 JPAY 4.59 IDF 1.53 FINE 95.00
0801517474 Money Order CSRV 79.50
3405474 2008-1513A 10-08-2009 JCPT 2.00 CVC 15.00 CCC 17.00 FA 5.00 JCD 0.50 CHS 3.00 548.60
AIKEN, RUBEN CMI 0.50 WRNT 50.00 TF 4.00 DPSC 30.00 FINE 295.00 CSRV 126.60
0801517474 Money Order
3405475 2008-0607A 10-08-2009 JCPT 2.00 CVC 15.00 CCC 17.00 FA 5.00 JCD 0.50 CHS 3.00 548.60
MASON, KEVIN SCOTT CMI 0.50 WRNT 50.00 TF 4.00 DPSC 30.00 FINE 295.00 CSRV 126.60
MVBA 26985 Personal Check
3405476 2008-0607 10-08-2009 CCC 40.00 CHS 4.00, LAF 5.00 WRNT 50.00 TIME 25.00 TF 4.00 344.50
MASON, KEVIN SCOTT DPSC 30.00 JCSF 1.00 JSF 3.00 JPAY 6.00 IDF 2.00 FINE 95.00
MVBA 26985 Personal Check CSRV 79.50
3405477 2009-1140 10-08-2009 TFC 0.93 CCC 12.23 CHS 1.22 LAF 1.53 TF 1.22 SUBC 9.17 30.00
WALKER, TERRY JCSF 0.31 JSF 0.92 JPAY 1.83 IDF 0.61 CJDR 0.03
Cash
3405478 2009-0862 10-08-2009 TFC 3.00 CCC 40.00 CHS 4.00 SAF 5.00 TF 4.00 SUBC 30.00 100.00
RUBBO, BRETT ALAN JCSF 1.00 JSF 3.00 JPAY 6.00 IDF 2.00 FINE 2.00
Cash
3405479 2009-0583 10-09-2009 SEAT 20.00 20.00
KLAMM, MICHAEL JOSEPH
Cash
3405480 2009-0260 10-09-2009 CCC 15.11 CHS 1.51 LAF 1.89 TIME 9.44 TF 1.51 JCSF 0.38 34.00
PEREZ, RUBEN JSF 1.13 JPAY 2.27 IDF 0.76
Cash
3405481 2009-0448 10-09-2009 FINE 260.00 260.00
HISQUIERDO, MERISSA DEANNA
CORm Service
3405483 2008-1387A 10-12-2009 JCPT 0.62 CVC 4.73 CCC 5.35 FA 1.57 JCD 0.16 CHS 0.95 40.00
KEMPER, JEFFERY GLEN CMI 0.16 WRNT 15.75 TF 1.26 DPSC 9.45
Cash
3405484 2009-0942 10-12-2009 DFF 118.00 118.00
SANCHEZ, CRISELDA CORTEZ
Cash
3405485 2009-1049 10-12-2009 FINE 40.00 40.00
PINA, OMAR MARTINEZ
Cash
3405486 2009-1195 10-12-2009 TFC 3.00 CCC 40.00 CHS 4.00 LAF 5.00 TF 4.,00 SUBC 30.00 180.00
RODRIGUEZ, JON ERIC JCSF 1.00 JSF 3.00 JPAY 6.00 IDF 2.00 CJDR 0.10 FINE 81.90
Cash
3405487 2009-1202 10-13-2009 TFC 3.00 CCC 40.00 CHS 4.00 SAF 5.00 TF 4.00 SUBC 30.00 180.00
SPRADLEY, JUSTIN RYAN JCSF 1.00 JSF 3.00 JPAY 6~00 IDF 2.00 CJDR 0.10 FINE 81.90
R201694089806 Money Order
3405488 2001-1272A 10-13-2009 JCPT 2.00 CVC 15.00 CCC 17.00 FA 5.00 JCD 0.50 CHS 3.00 392.00
KELLY, ALBERT M CMI 0.50 WRNT 50.00 TF 4.00 FINE 295.00
300142323 Money Order
3405489 2009-1193 10-13-2009 CCC 40.00 CHS 4.00 LAF 5.00 TF 4.00 JCSF 1.00 JSF 3.00 65.00
BALDERA, YVETTE KATRINA JPAY 6.00 IDF 2.00
Cash
3405491 2009-0858 10-14-2009 FINE 112.00 112.00
JOHNSON, PARKS CASE
09160819266 Money Order
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11/02/2009 Money Distribution Report Page 5
OCTOBER 2009 MONTHLY REPORT - JAMES W DUCKETT JP2
-------------------------------------------------- ------------- ------------------------------------------------------- -----------
Receipt Cause/Oefendant I Code Amount Code Amount Code Amount Code Amount Code Amount Code Amount Total
I
3405492 2009-1150 10-14-2009 I CCC 40.00 CHS 4.00 LAF 5.00 TF 4.00 JCSF 1.00 JSF 3.00 65.00
VILLARREAL, DANIEL PAUL I JPAY 6.00 10F 2.00
Cash I
3405493 2009-1150 10-14-2009 I FINE 35.00 35.00
VILLARREAL, DANIEL PAUL I
Comm Service I
3405494 2009-1060 10-15-2009 I FINE 150.00 150.00
ARRIAGA, RICARDO JR I
Cash I
3405495 2004-0800 10-16-2009 I TFC 3.00 CCC 40.00 CHS 3.00 SAF 5.00 WRNT 50.00 TIME 25.00 312.00
HATHCOCK, JENNIFER LYNN I TF 4.00 DPSC 30.00 SUBC 30.00 FINE 50.00 CSRV 72.00
R102846034401 Money Order I
3405496 2009-1242 10-16-2009 TFC 1.52 CCC 20.39 CHS 2.04 SAF 2.55 TF 2.04 SUBC 15.29 50.00
MIRELES, VICTOR HUGO JCSF 0.51 JSF 1.53 JPAY 3.06 IDF 1.02 CJDR 0.05
Cash
3405497 2009-1211 10-16-2009 TFC 3.00 CCC 40.00 CHS 4.00 LAF 5.00 TF 4.00 SUBC 30.00 180.00
RODRIGUEZ, ORLANDO A JCSF 1.00 JSF 3.00 JPAY 6.00 IDF 2.00 CJDR 0.10 FINE 81.90
9002031646 Money Order
3405498 2009-1201 10-16-2009 TFC 3.00 CCC 40.00 CHS 4.00 SAF 5.00 TF 4.00 SUBC 30.00 108.00
RENDON, FRANK II JCSF 1.00 JSF 3.00 JPAY 6.00 IDF 2.00 CJDR 0.10 DOC 9.90
Cash
3405499 2009-1197 10-16-2009 TFC 3.00 CCC 40.00 CHS 4.00 SAF 5.00 TF 4.00 SUBC 30.00 108.00
ALCORTA, JESSICA MARIE JCSF 1.00 JSF 3.00 JPAY 6.00 IDF 2.00 CJDR 0.10 DOC 9.90
09174797374 Money Order
3405500 2009-1151 10-16-2009 CCC 36.92 CHS 3.69 SAF 4.62 TF 3.69 JCSF 0.92 JSF 2.77 60.00
ROSAS, MICHAEL ANTHONY JPAY 5.54 IDF 1.85
Cash
3405501 2007-1123 10-16-2009 FINE 10.00 10.00
'B~RRERA, ASHLEY NICOLE
Cash
3405502 2009-1010 10-16-2009 FINE 10.00 10.00
HERNANDEZ, PETER ALLEN
Cash
3405503 2009-1011 10-16-2009 TFC 0.31 CCC 4.08 CHS 0.41 SAF 0.51 TF 0.41 SUBC 3.06 10.00
HERNANDEZ, CHRISTINA ORTEGA JCSF 0.10 JSF 0.31 JPAY 0.61 IDF 0.20
Cash
3405504 2009-1214 10-16-2009 TFC 3.00 CCC 40.00 CHS 4.00 LAF 5.00 TF 4.00 SUBC 30.00 108.00
HERRERA, ELVIRA JCSF 1.00 JSF 3.00 JPAY 6.00 10F 2.00 CJDR 0.10 DOC 9.90
Cash I
3405505 2009-1145 10-16-2009 CCC 40.00 CHS 4.00 LAF 5.00 TF 4.00 JCSF 1.00 JSF 3.00 I 65.00
MARTINEZ, KEVIN RYAN JPAY 6.00 IDF 2.00 I
Cash I
3405506 2009-1146 10-16-2009 CCC 15.55 CHS 1.56 LAF 1.94 TIME 9.72 TF 1.56 JCSF 0.39 I 35.00
MARTINEZ, KEVIN RYAN JSF 1.17 JPAY 2.33 IDF 0.78 I
Cash I
3405507 2009-0281 10-16-2009 FINE 155.00 CSRV 121.50 I 276.50
WHITE, JONATHAN LEE I
Cash I
3405508 2009-0282 10-16-2009 CCC 40.00 CHS 4.00 SAF 5.00 WRNT 50.00 TIME 25.00 TF 4.00 I 552.50
WHITE, JONATHAN LEE DPSC 30.00 JCSF 1.00 JSF 3.00 JPAY 6.00 IDF 2.00 FINE 255.00 I
Cash CSRV 127.50 I
3405510 2009-1064 10-16-2009 CCC 8.89 CHS 0.89 SAF 1.11 TIME 5.55 TF 0.89 JCSF 0.22 I 20.00
CASTRO, JUAN PABLO JSF 0.67 JPAY 1.33 IDF 0.45 I
Cash I
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11/02/2009 Money Distribution Report Page 6
OCTOBER 2009 MONTHLY REPORT - JAMES W DUCKETT JP2
-------------------------------------------------- ----------------------------------------- ------------- ------------- -----------
Receipt Cause/Defendant Code Amount Code Amount Code Amount Code Amount Code Amount Code Amount Total
3405511 2009-0347 10-16-2009 FINE 185.00 185.00
RODRIGUEZ, MARIO A
Cash
3405512 2009-0627 10-19-2009 FINE 50.00 50.00
HERNANDEZ, TERENCE JEROME
Cash
3405513 2008-1751 10-19-2009 FINE 60.00 60.00
HILL, VIVIAN CANO
Cash
3405514 2009-1205 10-19-2009 CCC 18.46 CHS 1.85 I. LAF 2.31 TF 1.85 JCSF 0.46 JSF 1.38 30.00
LAQUAY, STEPHEN RICHARD JPAY 2.77 IDF 0.92 I
1441418791 Money Order
3405515 2009-1224 10-19-2009 TFC 1.52 CCC 20.39 CHS 2.04 SAF 2.55 TF 2.04 SUBC 15.29 50.00
AGUILAR, JOSE LUIS JCSF 0.51 JSF 1.53 JPAY 3.06 IDF 1.02 CJDR 0.05
50375635784 Money Order
3405516 CV2009-0055 10-19-2009 SF 75.00 FF 25.00 CIFF 6.00 106.00
REGIONAL FINANCE CORP.
1532 Personal Check
3405517 CV2009-0056 10-19-2009 SF 75.00 FF 25.00 CIFF 6.00 106.00
REGIONAL FINANCE CORP.
1532 Personal Check
3405518 2009-1158 10-19-2009 CCC 40.00 CHS 4.00 LAF 5.00 TF 4.00 JCSF 1.00 JSF 3.00 I 65.00
ABRAHAM, TYLER EVAN JPAY 6.00 IDF 2.00
Cash
3405519 2009-1139 10-19-2009 CCC 24.61 CHS 2.46 SAF 3.08 TF 2.46 JCSF 0.62 JSF 1.85 40.00
MASEDA, VANESSA RENEE JPAY 3.69 IDF 1.23
Cash
3405520 2009-0969 10-19-2009 CCC 11.11 CHS 1.11 LAF 1.39 TIME 6.94 TF 1.11 JCSF 0.28 25.00
CUEVAS, ALBERTO GARCIA SR JSF 0.84 JPAY 1.66 IDF 0.56
Cash
3405521 2007-0607 10-19-2009 CSRV 12.00 12.00
MORENO, YOLANDA
Cash
3405522 2009-1222 10-19-2009 TFC 2.55 CCC 50.80 CHS 3.39 LAF 4.23 TF 3.39 SUBC 25.40 100.00
ROJAS, JOSE A JCSF 0.85 JSF 2.54 JPAY 5.08 IDF 1.69 CJDR 0.08
Cash
3405523 2009-1055 10-20-2009 TFC 0.75 CCC 10.20 CHS 1.02 SAF 1.28 TF 1.02 SUBC 7.66 25.00
OLIVAREZ, JOSHUA JCSF 0.26 JSF 0.77 JPAY 1.53 IDF 0.51
Cash
3405524 2009-0897 10-20-2009 CCC 24.61 CHS 2.46 SAF 3.08 TF 2.46 JCSF 0.62 JSF 1.85 40.00
AVILES, LUPE JPAY 3.69 IDF 1.23
Cash
3405525 2009-0723 10-20-2009 FINE 181.00 181.00
FALTESEK, BOBBY LEE JR.
181.00 CORm Service
3405526 2009-1184 10-20-2009 CCC 24.61 CHS 2.46 SAF 3.08 TF 2.46 JCSF 0.62 JSF 1.85 40.00
SMART, TRAVIS LEE JPAY 3.69 IDF 1.23
Cash
3405527 2009-1268 10-20-2009 CCC 30.75 CHS 3.08 PWAF 3.85 TF 3.08 JCSF 0.77 JSF 2.31 50.00
GONZALEZ, RICARDO A JPAY 4.62 IDF 1.5.4
Cash
3405528 2009-1152 10-21-2009 CCC 9.25 CHS 0.92 PWAF 1.15 TF 0.92 JCSF 0.23 JSF 0.69 115.00
HO, BAO THUY JPAY 1.38 IDF 0.46 PWF 100.00
Cash
,"" ,.!:
11/02/2009 Money Distribution Report Page 7
OCTOBER 2009 MONTHLY REPORT - jAMES W DUCKETT JP2
-------------------------------------------------- ..------------ ------------------------------------------------------- -.....--------
Receipt Cause/Defendant Code Amount Code Amount Code, Amount Code Amount Code Amount Code Amount Total
3405529 2009-1204 10-21-2009 CCC 15.39 CHS 1.54 PWAF 1.92 TF 1.54 JCSF 0.38 JSF 1.15 25.00
BRAVO, CARLOS MORALES JPAY 2.31 IDF 0.77
Cash
3405530 2008-1039 10-21-2009 CCC 40.00 CHS 4.00 SAF 5.00 WRNT 50.00 TIME 25.00 TF 4.00 370.50
JENNINGS, WARREN FRANKLIN DPSC 30.00 JCSF 1.00 JSF 3.00 JPAY 6.00 IDF 2.00 FINE 115.00
CCSO JAIL Jail Credit CSRV 85.50
3405531 2008-1039A 10-21-2009 JCPT 2.00 CVC 15.00 CCC 17.00 FA 5.00 JCD 0.50 CHS 3.00 548.60
JENNINGS, WARREN FRANKLIN CMI 0.50 WRNT 50.00 TF 4.00 DPSC 30.00 FINE 295.00 CSRV 126.60
CCSO JAIL Jai l Credi t
3405532 2009-1260 10-21-2009 TFC 3.00 CCC 40.00 CHS 4.00 LAF 5.00 TF 4.00 SUBC 30.00 108.00
MAJOR, HOLLEY MICHELLE JCSF 1.00 JSF 3.00 JPAY 6.00 IDF 2.00 CJDR 0.10 DDC 9.90
Credit Card
3405533 2009-1067 10-21-2009 TFC 1.24 CCC 16.26 CHS 1.62 LAF 2.03 TIME 10.16 TF 1.62 50.00
RIGGS, THOMAS ELI SUBC 12.19 JCSF 0.40 JSF 1.22 JPAY 2.44 IDF 0.82
R201631753796 Money Order
3405534 2009-1261 10-21-2009 TFC 3.00 CCC 40.00 CHS 4.00 LAF 5.00 TF 4.00 SUBC 30.00 105.00
OWENS, CHRISTOPHER TRAVIS JCSF 1.00 JSF 3.00 JPAY 6.00 IDF 2.00 CJDR 0.10 DOC 6.90
8926202942 Money Order
3405535 2009-0667 10-21-2009 CCC 3.08 CHS 0.31 SAF 0.38 TF 0.31 JCSF 0.08 JSF 0.23 20.00
MOYA, MELISSA MARIE JPAY 0.46 IDF 0.15 FINE 15.00
Cash
3405536 2009-1248 10-21-2009 TFC 3.00 CCC 40.00 CHS 4.00 SAF 5.00 TF 4.00 SUBC 30.00 180.00
PALOMARES, ADRIANA MARISE P JCSF 1.00 JSF 3.00 JPAY 6.00 IDF 2.00 CJDR 0.10 FINE 81.90
Cash
3405537 2008-0776 10-22-2009 CSRV 79.50 OPMT 0.50 80.00
RODRIGUEZ, GLORIA SALDIVAR
Money Order
3405538 2009-1061 10-22-2009 TFC 3.00 CCC 40.00 CHS 4.00 SAF 5.00 TIME 25.00 TF 4.00 323.00
ARRIAGA, RICARDO JR SUBC 30.00 JCSF 1.00 JSF 3.00 JPAY 6.00 IDF 2.00 FINE 200.00
Cash
3405539 2009-1060 10-22-2009 FINE 15.00 15.00
ARRIAGA, RICARDO JR
Cash
3405540 2009-1146 10-23-2009 CCC 24.45 CHS 2.44 LAF 3.06 TIME 15.28 TF 2.44 JCSF 0.61 55.00
MARTINEZ, KEVIN RYAN JSF 1.83 JPAY 3.67 IDF 1.22
Cash
3405541 2009-1263 10-23-2009 TFC 3.00 CCC 40.00 CHS 4.00 LAF 5.00 TF 4.00 SUBC 30.00 108.00
ORSAK, JAMES E JCSF 1.00 JSF 3.00 JPAY 6.00 IDF 2.00 CJDR 0.10 DDC 9.90
Money Order
3405542 2009-0682 10-23-2009 FINE 100.00 100.00
CUELLAR, ROBERT F JR.
, Cash
3405543 2009-1206 10-23-2009 CCC 40.00 CHS 4.00 LAF 5.00 TF 4.00 JCSF 1.00 JSF 3.00 65.00
LAQUAY, STEPHEN RICHARD JPAY 6.00 IDF 2.00
Money Order
3405544 2009-1255 10-23-2009 CCC 21.54 CHS 2.15 LAF 2.69 TF 2.15 JCSF 0.54 JSF 1.62 35.00
LAQUAY, STEPHEN RICHARD JPAY 3.23 IDF 1.08
Money Order
3405545 2009-0839 10-23-2009 TFC 0.19 CCC 2.60 CHS 0.26 SAF 0.32 TIME 1.63 TF 0.26 10.00
WILLIAMS, MATTHEW SUBC 1.95 JCSF 0.07 JSF 0.20 JPAY 0.39 IDF 0.13 FINE 2.00
Cash
3405546 2009-1293 10-23-2009 CCC 40.00 CHS 4.00 LAF 5.00 TF 4.00 JCSF 1.00 JSF 3.00 65.00
DELGADO, NATHAN JOEL JPAY 6.00 IDF 2.00
Cash
..
11/02/2009 Money Distribution Report Page 8
OCTOBER 2009 MONTHLY REPORT - JAMES W DUCKETT JP2
---------------------------------------------------------------------------------------.--------------------------------- -----------
Receipt Cause/Defendant Code Amount Code Amount Code Amount Code Amount Code Amount Code Amount Total
3405547 2009-1070 10-23-2009 CCC 12.30 CHS 1.23 LAF 1.54 TF 1.23 JCSF 0.31 JSF 0.92 60.00
BARRIENTEZ, VERONICA CHRISTINA JPAY 1.85 IDF 0.62 FINE 40.00
Cash
3405548 2009-0874 10-23-2009 FINE 35.00 35.00
GARZA, DAVID
Cash
3405549 2009-1173 10-23-2009 TFC 0.41 CCC 8.39 CHS 0.56 LAF 0.70 TIME 3.50 TF 0.56 20.00
RAINS, JESSICA RENEE SUBC 4.19 JCSF 0.14 JSF 0.42 JPAY 0.84 IDF 0.28 CJDR 0.01
Cash
3405550 2009-0513 10-23-2009 CCC 12.31 CHS 1.23 LAF 1.54 TIME 20.00 TF 1.23 JCSF 0.30 40.00
LOZANO, JOSE LUIS JR JSF 0.92 JPAY 1.85 IDF 0.62
Cash
3405551 2009-1099 10-23-2009 CCC 21.54 CHS 2.15 LAF 2.69 TF 2.15 JCSF 0.54 JSF 1.62 35.00
CAMACHO, CELESTE ANN JPAY 3.23 IDF 1.08
Cash
3405552 2009-1077 10-23-2009 CCC 40.00 CHS 4.00 SAF 5.00 TF 4.00 JCSF 1.00 JSF 3.00 65.00
SANDERS, DAVID CRISP JPAY 6.00 IDF 2.00
Cash
3405553 2009-1230 10-26-2009 CCC 40.00 CHS 4.00 SAF 5.00 TF 4.00 JCSF 1.00 JSF 3.00 115.00
HAHN, RONALD D JPAY 6.00 IDF 2.00 FINE 50.00
1441418902 Money Order
3405554 2008-1381 10-26-2009 FINE 10.00 10.00
LIGUES, MARIO SANDDOVAL
Cash
3405555 2009-0337 10-26-2009 CCC 40.00 CHS 4.00 LAF 5.00 WRNT 50.00 TIME 25.00 TF 4.00 344.50
MORALES, EDDIE DPSC 30.00 JCSF 1.00 JSF 3.00 JPAY 6.00 IDF 2.00 FINE 95.00
CCSO JAIL Jail Credit CSRV 79.50
3405556 2009-0337A 10-26-2009 CCC 40.00 CHS 4.00 WRNT 50.00 TF 4.00 DPSC 30.00 JCSF 1.00 442.00
MORALES, EDDIE JSF 3.00 JPAY 6.00 IDF 2.00 FINE 200.00 CSRV 102.00
CCSO JAIL Jail Credit
3405557 CV2009-0057 10-26-2009 SF 75.00 FF 25.00 CIFF 6.00 106.00
G & W ENGINEER INC
24811 Personal Check
3405558 CV2009-0058 10-26-2009 SF 69,34 FF 23.11 CIFF 5.55 98.00
G & W ENGINEER INC
24811 Personal Check
3405559 2004-1713 10-26-2009 TFC 3.00 CCC 40.00 CHS 3.00 SAF 5.00 WRNT 50.00 TIME 25.00 273.00
NGUYEN, HOAT TF 4.00 SUBC 30.00 FINE 50.00 CSRV 63.00
100310 Personal Check
3405560 2004-1714 10-26-2009 CCC 40.00 CHS 3.00 SAF 5.00 WRNT 50.00 TIME 25.00 TF 4.00 494.00
NGUYEN, HOAT FINE 253.00 CSRV 114.00
100310 Personal Check
3405561 2004-1713A 10-26-2009 JCPT 2.00 CVC 15.00 CCC 17.00 FA 5.00 JCD 0.50 CHS 3.00 509.60
NGUYEN, HOAT CMI 0.50 WRNT 50.00 TF 4.00 FINE 295.00 CSRV 117.60
100310 Personal Check
3405562 2007-0830 10-26-2009 CCC 40.00 CHS 4.00 LAF 5.00 WRNT 50.00 TIME 25.00 TF 4.00 358.30
FLORES, NICOLE MICHELLE JCSF 1.00 JSF 3.00 JPAY 4.00 FINE 222.30
100310 Personal Check
3405563 2007-0830A 10-26-2009 JCPT 2.00 CVC 15.00 CCC 17.00 FA 5.00 JCD 0.50 CHS 3.00 358.30
FLORES, NICOLE MICHELLE CMI 0.50 WRNT 50.00 TF 4.00 FINE 261.30
100310 Personal Check
3405564 2007-0830 10-26-2009 FINE 31. 70 CSRV 117.00 148.70
FLORES, NICOLE MICHELLE
CCSO JAIL Jail Credit
., ..
11/02/2009 Money Distribution Report Page 9
OCTOBER 2009 MONTHLY REPORT - JAMES W DUCKETT JP2
---------------.-------------------- ----------------------------------------- -----------------------------------------------------
Receipt Cause/Defendant Code Amount Code Amount I Code Amount Code Amount Code Amount Code Amount Total
I
3405565 2007-0830A 10-26-2009 FINE 33.70 CSRV 117.60 I 151.30
FLORES, NICOLE MICHELLE I
CCSO JAIL Jail Credit
3405566 2009-1131 10-26-2009 TFC 3.00 CCC 60.00 CHS 4.00 LAF 5.00 TF 4.00 SUBC 30.00 330.00
WHITEHEAD, MICHAEL JCSF 1.00 JSF 3.00 JPAY 6.00 IDF 2.00 CJDR 0.10 FINE 211.90
100310 Personal Check
3405567 2009-0839 10-26-2009 FINE 40.00 40.00
WILLIAMS, MATTHEW
Cash
3405568 2009-1123 10-27-2009 EXRF 10.00 10.00
PENA, PETE
Cash
3405569 CV2009-0058 10-27-2009 SF 5.66 FF 1.89 CIFF 0.45 8.00
G & W ENGINEER INC
24814 Personal Check
3405570 2009-0132 10-28-2009 CCC 17.78 CHS 1.78 LAF 2.22 WRNT 50.00 TIME 11.11 TF 1.78 625.50
CARDENAS, EDITH RACHEL DPSC 30.00 JCSF 0.44 JSF 1.33 JPAY 2.67 IDF 0.89 FINE 505.50
CCSO 100290 Personal Check
3405571 2009-0132 10-28-2009 FINE 9.50 CSRV 190.50 200.00
CARDENAS, EDITH RACHEL
CCSO JAIL Jai l Credi t
3405572 2004-2000 10-28-2009 CCC 32.15 CHS 2.41 SAF 4.02 WRNT 40.19 TIME 20.10 TF 3.22 126.20
ALMANZAR, RICHARD MICHAEL DPSC 24.11
CCSO 100290 Personal Check
3405573 2004-2000 10-28-2009 CCC 7.85 CHS 0.59 SAF 0.98 WRNT 9.81 TIME 4.90 TF 0.78 I 400.30
ALMANZAR, RICHARD MICHAEL DPSC 5.89 FINE 248.00 CSRV 121.50 I
CCSO JAIL Jail Credit I
3405574 2009-1053 10-28-2009 CCC 40.00 CHS 4.00 SAF 5.00 I TF 4.00 JCSF 1.00 JSF 3.00 210.00
POE, EH K JPAY 6.00 IDF 2.00 FINE 145.00 I
CCSO 100290 Personal Check I
3405575 2009-1053 10-28-2009 FINE 100.00 I 100.00
POE, EH K I
CCSO JAIL Jail Credit I
3405576 2009-1079 10-28-2009 CCC 40.00 CHS 4.00 SAF 5.00 ,TF 4.00 JCSF 1.00 JSF 3.00 210.00
HTAY, MYA JPAY 6.00 IDF 2.00 FINE 145.00
CCSO 100290 Personal Check
3405577 2009-1079 10-28-2009 FINE 100.00 100.00
HTAY, MYA
CCSO JAIL Jail Credit
3405578 2007-0359 10-28-2009 TFC 3.00 CCC 40.00 CHS 4.00 LAF 5.00 WRNT 50.00 TIME 25.00 351.00
CANO, RUBEN JR TF 4.00 DPSC 30.00 SUBC 30.00 JCSF 1.00 JSF 3.00 FINE 71.00
CCSO 100290 Personal Check CSRV 81. 00 JPAY 4.00
3405579 2009-0155 10-28-2009 CCC 40.00 CHS 4.00 SAF 5.00 WRNT 50.00 TIME 25.00 TF 4.00 526.50
RANGEL, NATHAN URBAN DPSC 30.00 JCSF 1.00 JSF 3.00 JPAY 6.00 IDF 2.00 FINE 235.00
CCSO 100290 Personal Check CSRV 121.50
3405580 2009-0155A 10-28-2009 CCC 40.00 CHS 4.00 WRNT 50.00 TF 4.00 DPSC 30.00 JCSF 1.00 448.50
RANGEL, NATHAN URBAN JSF 3.00 JPAY 6.00 IDF 2.00 FINE 205.00 CSRV 103.50
CCS0100290 Personal Check
3405581 2009-1142 10-28-2009 CCC 27.70 CHS 2.77 LAF 3.46 TF 2.77 JC~F 0.69 JSF 2.08 45.00
MORIN, ERNEST JAY JPAY 4.15 IDF 1.38
Cash
3405582 2009-0723 10-28-2009 FINE 64.00 64.00
FALTESEK, BOBBY LEE JR.
CORm Service
11/02/2009 \ Money Distribution Report Page 10
OCTOBER 2009 MONTHLY REPORT. JAMES W DUCKETT JP2
---------------------------------------------------------------- ----------------------------------------- -------.-----------------
Receipt Cause/Defendant Code Amount Code Amount Code Amount I Code Amount Code Amount Code Amount Total
I
3405583 2009-0680 10-29-2009 CCC 40.00 CHS 4.00 SAF 5.00 I TIME 25.00 TF 4.00 JCSF 1.00 140.00
SCHMIDT, CHRISTOPHER CODY JSF 3.00 JPAY 6.00 IDF 2.00 I FINE 50.00
Credit Card I
3405584 2005-0981 10-29-2009 CCC 40.00 CHS 3.00 LAF 5.00 I IJRNT 50.00 TIME 25.00 TF 4.00 273 . 00
SERNA, SAVANNAH M DPSC 30.00 FINE 53.00 CSRV 63.00 I
Cash I
3405585 2005-0981A 10-29-2009 JCPT 2.00 CVC 15.00 CCC 17.00 I FA 5.00 JCD 0.50 CHS 3.00 548.60
SERNA, SAVANNAH M CMI 0.50 IJRNT 50.00 TF 4.00 I DPSC 30.00 FINE 295.00 CSRV 126.60
Cash I
3405586 2009-0974 10-29-2009 CCC 40.00 CHS 4.00 SAF 5.00 I TF 4.00 JCSF 1.00 JSF 3.00 300.00
CUMPIAN, OSCAR RAY JPAY 6.00 IDF 2.00 FINE 235.00 I
085112432 Money Order ~I
3405587 2009-1240 10-29-2009 TFC 3.00 CCC 40.00 CHS 4.00 I SAF 5.00 TF 4.00 SUBC 30.00 108.00
YOUNG, DE LAYNE JCSF 1.00 JSF 3.00 JPAY 6.00 I IDF 2.00 CJDR 0.10 DOC 9.90
Cash I
3405588 2009-0459 10-29-2009 CCC 7.21 CHS 0.71 LAF 0.89 I TIME 8.33 TF 0.71 JCSF 0.18 20.00
DEGOLLADO, NICK DAMIAN JSF 0.54 JPAY. 1.07 IDF 0.36 I
Cash I
3405589 2009-1178 10-29-2009 CCC 40.00 CHS 4.00 LAF 5.00 I TF 4.00 JCSF 1.00 JSF 3.00 65.00
GARCIA, KRISHEN ANN JPAY 6.00 IDF 2.00 I
Cash 10-29-2'009 I
3405590 2009-1049 FINE 20.00 I 20.00
PINA, OMAR MARTINEZ I
Cash I
3405591 2009-1148 10-29-2009 FINE 260.00 I 260.00
SANCHEZ, BETHANY GILEEM I
Comm Service I
3405592 2009-1264 10-29-2009 EXRF 10.00 I 10.00
RIOS, MAXINIANO JR. I
Cash I
3405593 2009-1266 10-30-2009 TFC 0.60 CCC 8.16 CHS 0.82 I SAF 1.02 TF 0.82 SUBC 6.12 20.00
REYES, FERNANDO JCSF 0.20 JSF 0.61 JPAY 1.22 I IDF 0.41 CJDR 0.02
Cash I
3405594 2009-1022 10-30-2009 CCC 15.36 CHS 1.54 SAF 1.93 I TF 1.54 JCSF 0.39 JSF 1.16 25.00
RHYMES, TIFFANY JPAY 2.31 IDF 0.77 I
Cash I
3405595 2009-1020 10-30-2009 CCC 15.36 CHS 1.54 SAF 1.93 I TF 1.54 JCSF 0.39 JSF 1.16 25.00
RHYMES, CONNIE FRANCIS JPAY 2.31 IDF 0.77 I
Cash I
3405596 2008-1522 10-30-2009 TFC 0.38 CCC 4.95 CHS 0.49 I LAF 0.62 IJRNT 7.77 TIME 3.10 50.00
TORRES, SARAH NICOLE TF 0.49 SUBC 3.72 JCSF 0.12 I JSF 0.37 JPAY 0.74 IDF 0.25
Cash FINE 27.00 I
3405597 2009-0747 10-30-2009 FINE 260.00 I 260.00
NAVARRO, SIMON VICENT I
Cash I
3405598 2009-1269 10-30-2009 TFC 3~00 CCC 40.00 CHS 4.00 I LAF 5.00 TF 4.00 SUBC 30.00 240.00
HODGKINSON, RYAN M JCSF 1.00 JSF 3.00 JPAY 6.00 I IDF 2.00 CJDR 0.10 FINE 141. 90
Cash I
3405599 2009-1011 10-30-2009 TFC 0.41 CCC 5.72 CHS 0.57 I SAF 0.71 TF 0.57 SUBC 4.29 14.00
HERNANDEZ, CHRISTINA ORTEGA JCSF 0.15 JSF 0.43 JPAY 0.86 I IDF 0.29
Cash I
3405600 2009-1010 10-30-2009 FINE 10.00 I 10.00
HERNANDEZ, PETER ALLEN I
Cash I
.~
11/02/2009
Money Distribution Report
OCTOBER 2009 MONTHLY REPORT - JAMES \J DUCKETT JP2
Page 11
Receipt Cause/Defendant
Code Amount Code Amount Code Amount Code Amount Code Amount I Code Amount
------------------------------------ -----------------------------------------------------------------------------------------------
Total
3405601 2009-1137 10-30-2009 TIME 25.00 EXRF 10.00
ESQUIVEL, TORIBIO ABRIGO
Cash
3405602 2009-1145 10-30-2009 FINE 35.00
MARTINEZ, KEVIN RYAN
Comm Service
3405603 2009-1146 10-30-2009 FINE 155.00
MARTINEZ, KEVIN RYAN
Comm Service
3405604 2009-0740 10-30-2009 CCC 13.30 CHS 1.34 SAF 1.67 TIME 8.34 TF 1.34 JCSF 0.34
PEREZ, JESSIE DELGADO JSF 1.00 JPAY 2.00 IDF 0.67
Cash
3405605 2007-1055 10-30-2009 FINE 20.00 CSRV 15.00
VALADEZ, JESSICA LORRAINE
09-155059924 Money Order
35.00
35.00
155.00
30.00
35.00
.,
11/02/2009
Money Distribution Report
OCTOBER 2009 MONTHLY REPORT - JAMES W OUCKETT JP2
Page 12
------------------------------------------------------------------------------------------------------------------------------------
The following totals represent - Cash and Checks Collected
Type Code Description
Count
The foLlowing totaLs represent - Cash and Checks Collected
COST
COST
COST
COST
COST
COST
COST
COST
COST
COST
COST
COST
COST
COST
COST
COST
COST
COST
COST
COST
COST
COST
FEES
FEES
FEES
FEES
FEES
FEES
FEES
FEES
FEES
FINE
FINE
FINE
OPMT
CCC
CHS
CJDR
CMI
CS
CVC
DPSC
FA
IDF
JCD
JCPT
JCSF
JPAY
JSF
LAF
PWAF
SAF
SUBC
TF
TFC
TIME
WRNT
AF
APEL
CIFF
CSRV
DOC
DFF
EXRF
FF
SF
FINE
PWF
SEAT
OPMT
CONSOLIDATED COURT COSTS
COURTHOUSE SECURITY
CIVIL JUSTICE DATA REPOSITORY FEE
CORRECTIONAL MANAGEMENT INSTITUTE
CHILD SAFETY
COMPENSATION TO VICTIMS OF CRIME
OMNIBASE FEE
FUGITIVE APPREHENSION
INDIGENT DEFENSE FUND
JUVENILE CRIME AND DELINQUENCY
JUDICIAL AND COURT PERSONNEL TRAINING
JUSTICE COURT SECURITY FUND
DISTRICT JUDGE PAY RAISE FEE
JUROR SERVICE FUND
SHERIFF'S ARREST FEE
TEXAS PARKS & WILDLIFE
STATE ARREST FEE
SUBTITLE C
TECHNOLOGY FUND
TFC
TIME PAYMENT FEE
WARRANT FEE
ABSTRACT FEE
APPEAL TRANSCRIPT FEE
CIVIL INDIGENT FILING FEE
COLLECTION SERVICE FEE
DEFENSIVE DRIVING
DEFERRED FEE
EXPIRATION RENEWAL FEE
FILING FEE
SERVICE FEE
FINE
PARKS & WILDLIFE FINE
SEATBELT FINE
OVERPAYMENT
118
118
19
12
1
12
24
12
97
12
12
100
100
100
45
8
52
43
118
43
38
31
2
1
10
27
7
2
3
10
9
69
8
3
1
The following totals represent - Transfers Collected
Money Totals
164
COST
COST
COST
. COST
COST
COST
COST
CCC
CHS
CJDR
CMI
CS
CVC
DPSC
CONSOLIDATED COURT COSTS
COURTHOUSE SECURITY
CIVIL JUSTICE DATA REPOSITORY FEE
CORRECTIONAL MANAGEMENT INSTITUTE
CHILD SAFETY
COMPENSATION TO VICTIMS OF CRIME
OMNIBASE FEE
Retained
300.38
304.58
0.15
0.57
0.68
16.97
215.20
5.66
12.15
0.57
2.26
63.78
56.47
19.23
151.22
25.54
130.54
45.22
322.44
90.44
271.07
1,494.66
10.00
10.00
2.70
2,470.22
66.30
318.00
30.00
225.00
600.00
8,525.58
95.25
73.50
0.50
15,956.83
o
o
o
o
o
o
o
0.00
0.00
0.00
0.00
0.00
0.00
0.00
Disbursed Money-Totals
2,703.38
0.00
1.39
5.09
0.00
152.76
436.93
50.91
109.39
5.09
20.36
0.00
320.01
173.07
0.00
6.38
32.63
859.26
0.00
0.00
271.07
0.00
0.00
0.00
51.30
0.00
0.00
0.00
0.00
0.00
0.00
0.00
539.75
73.50
0.00
5,812.27
0.00
0.00
0.00
0.00
0.00
0.00
0.00
3,003.76
304.58
1.54
5.66
0.68
169.73
652.13
56.57
121.54
5.66
22.62
63.78
376.48
192.30
151.22
31. 92
163.17
904.48
322.44
90.44
542.14
1,494.66
10.00
10.00
54.00
2,470.22
66.30
318.00
30.00
225.00
600.00
8,525.58
635.00
147.00
0.50
21,769.10
0.00
0.00
0.00
0.00
0.00
0.00
0.00
..li
11/02/2009
Money Distribution Report
OCTOBER 2009 MONTHLY REPORT - JAMES W DUCKETT JP2
The following totals represent - Transfers Collected
Type Code Description
COST FA
COST IDF
COST JCD
COST JCPT
COST JCSF
COST JPAY
COST JSF
COST LAF
COST PWAF
COST SAF
COST SUBC
COST TF
COST TFC
COST TIME
COST WRNT
FEES AF
FEES APEL
FEES CIFF
FEES CSRV
FEES DOC
FEES OFF
FEES EXRF
FEES FF
FEES SF
FINE FINE
FINE PWF
FINE SEAT
OPMT OPMT
FUGITIVE APPREHENSION
INDIGENT DEFENSE FUND
JUVENILE CRIME AND DELINQUENCY
JUDICIAL AND COURT PERSONNEL TRAINING
JUSTICE COURT SECURITY FUND
DISTRICT JUDGE PAY RAISE FEE
JUROR SERVICE FUND
SHERIFF'S ARREST FEE
TEXAS PARKS & WILDLIFE
STATE ARREST FEE
SUBTITLE C
TECHNOLOGY FUND
TFC
TIME PAYMENT FEE
WARRANT FEE
ABSTRACT FEE
APPEAL TRANSCRIPT FEE
CIVIL INDIGENT FILING FEE
COLLECTION SERVICE FEE
DEFENSIVE DRIVING
DEFERRED FEE
EXPIRATION RENEWAL FEE
FILING FEE
SERVICE FEE
FINE
PARKS & WILDLIFE FINE
SEATBELT FINE
OVERPAYMENT
Transfer Totals
Count
o
o
o
o
o
o
o
o
o
o
o
o
o
o
o
o
o
o
o
o
o
o
o
o
o
o
o
o
o
The following totals represent - Jai l Credit and Community Service
COST
COST
COST
COST
COST
COST
COST
COST
COST
COST
COST
COST
COST
COST
COST
COST
CCC
CHS
CJDR
CMI
CS
CVC
DPSC
FA
IDF
JCD
JCPT
JCSF
JPAY
JSF
LAF
PWAF
CONSOLIDATED COURT COSTS
COURTHOUSE SECURITY
CIVIL JUSTICE DATA REPOSITORY FEE
CORRECTIONAL MANAGEMENT INSTITUTE
CH I LD SAFETY
COMPENSATION TO VICTIMS OF CRIME
OMNIBASE FEE
FUGITIVE APPREHENSION
INDIGENT DEFENSE FUND
JUVENILE CRIME AND DELINQUENCY
JUDICIAL AND COURT PERSONNEL TRAINING
JUSTICE COURT SECURITY FUND
DISTRICT JUDGE PAY RAISE FEE
JUROR SERVICE FUND
SHERIFF'S ARREST FEE
TEXAS PARKS & WILDLIFE
7
7
o
1
o
1
7
1
4
1
1
5
5
5
1
o
Retained
o.op
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
21.31
22..41
0.00
0.05
0.00
1.50
58.43
0.50
0.74
0.05
0.20
4.71
3.94
1.41
5.00
0.00
Page 13
Disbursed Money-Totals
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
191. 77
0.00
0.00
0.45
0.00
13.50
118.64
4.50
6.67
0.45
1.80
0.00
22.30
12.71
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
213.08
22.41
0.00
0.50
0.00
15.00
177.07
5.00
7.41
0.50
2.00
4.71
26.24
14.12
5.00
0.00
..
11/02/2009
Money Distribution Report
OCTOBER 2009 MONTHLY REPORT - JAMES W DUCKETT JP2
The following totals represent - Jail Credit and Community Service
Type Code Description
COST
COST
COST
COST
COST
COST
FEES
FEES
FEES
FEES
FEES
FEES
FEES
FEES
FEES
FINE
FINE
FINE
OPMT
SAF
SUBC
TF
TFC
TIME
WRNT
AF
APEL
CIFF
CSRV
DOC
OFF
EXRF
FF
SF
FINE
PWF
SEAT
OPMT
STATE ARREST FEE
SUBTITLE C
TECHNOLOGY FUND
TFC
TIME PAYMENT FEE
WARRANT FEE
ABSTRACT FEE
APPEAL TRANSCRIPT FEE
CIVIL INDIGENT FILING FEE
COLLECTION SERVICE FEE
DEFENSIVE DRIVING
DEFERRED FEE
EXPIRATION RENEWAL FEE
FILING FEE
SERVICE FEE
FINE
PARKS & WILDLIFE FINE
SEATBELT FINE
OVERPAYMENT
The following totals represent - Credit Card Payments
COST
COST
COST
COST
COST
COST
COST
COST
COST
COST
COST
COST
COST
COST
COST
COST
COST
COST
COST
COST
COST
COST
FEES
FEES
FEES
Credit Totals
CCC
CHS
CJDR
CMI
CS
CVC
DPSC
FA
IDF
JCD
JCPT
JCSF
JPAY
JSF
LAF
PWAF
SAF
SUBC
TF
TFC
TIME
WRNT
AF
APEL
CIFF
CONSOLIDATED COURT COSTS
COURTHOUSE SECURITY
CIVIL JUSTICE DATA REPOSITORY FEE
CORRECTIONAL MANAGEMENT INSTITUTE
CH I LD SAFETY
COMPENSATION TO VICTIMS OF CRIME
OMNIBASE FEE
FUGITIVE APPREHENSION
INDIGENT DEFENSE FUND
JUVENILE CRIME AND DELINQUENCY
JUDICIAL AND COURT PERSONNEL TRAINING
JUSTICE COURT SECURITY FUND
DISTRICT JUDGE PAY RAISE FEE
JUROR SERVICE FUND
SHERIFF'S ARREST FEE
TEXAS PARKS & WILDLIFE
STATE ARREST FEE
SUBTITLE C
TECHNOLOGY FUND
TFC
TIME PAYMENT FEE
WARRANT FEE
ABSTRACT FEE
APPEAL TRANSCRIPT FEE
CIVIL INDIGENT FILING FEE
Count
4
1
7
1
5
6
o
o
o
10
o
o
o
o
o
19
o
o
o
19
2
2
1
o
o
o
o
o
2
o
o
2
2
2
1
o
1
1
2
1
1
o
o
o
o
Retained
11.61
1.50
23.60
3.00
48.77
245 . 10
0.00
0.00
0.00
1,110.90
0.00
0.00
0.00
0.00
0.00
2,467.90
0.00
0.00
0.00
4,032.63
8.00
8.00
0.01
0.00
0.00
0.00
0.00
0.00
0.40
0.00
0.00
2.00
1.80
0.60
5.00
0.00
4.00
1.50
8.00
3.00
12.50
0.00
0.00
0.00
0.00
Page 14
Disbursed Money-Totals
2.90
28.50
0.00
0.00
48.78
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
452.97
72.00
0.00
0.09
0.00
0.00
0.00
0.00
0.00
3.60
0.00
0.00
0.00
10.20
5.40
0.00
0.00
1.00
28.50
0.00
0.00
12.50 .
0.00
0.00
0.00
0.00
14.51
30.00
23.60
3.00
97.55
245.10
0.00
0.00
0.00
1,110.90
0.00
0.00
0.00
0.00
0.00
2,467.90
0.00
0.00
0.00
4,485.60
80.00
8.00
0.10
0.00
0.00
0.00
0.00
0.00
4.00
0.00
0.00
2.00
12.00
6.00
5.00
0.00
5.00
30.00
8.00
3.00
25.00
0.00
0.00
0.00
0.00
, .
11/02/2009
Money Distribution Report
OCTOBER 2009 MONTHLY REPORT - JAMES W DUCKETT JP2
The following totals represent - Credit Card Payments
Type Code Description
FEES
FEES
FEES
FEES
FEES
FEES
FINE
FINE
FINE
OPMT
CSRV
DOC
OFF
EXRF
FF
SF
FINE
PWF
SEAT
OPMT
COLLECTION SERVICE FEE
DEFENSIVE DRIVING
DEFERRED FEE
EXPIRATION RENEWAL FEE
FILING FEE
SERVICE FEE
FINE
PARKS & WILDLIFE FINE
SEATBELT FINE
OVERPAYMENT
Count
The following totals represent - Combined Money and Credits
COST
COST
COST
COST
COST
COST
COST
COST
COST
COST
COST
COST
COST
COST
COST
COST
COST
COST
COST
COST
COST
COST
FEES
FEES
FEES
FEES
FEES
FEES
FEES
FEES
FEES
FINE
FINE
FINE
Credit Totals
CCC
CHS
CJDR
CMI
CS
CVC
DPSC
FA
IDF
JCD
JCPT
JCSF
JPAY
JSF
LAF
PWAF
SAF
SUBC
TF
TFC
TIME
WRNT
AF
APEL
CIFF
CSRV
DOC
OFF
EXRF
FF
SF
FINE
PWF
SEAT
CONSOLIDATED COURT COSTS
COURTHOUSE SECURITY
CIVIL JUSTICE DATA REPOSITORY FEE
CORRECTIONAL MANAGEMENT INSTITUTE
CH I LD SAFETY
COMPENSATION TO VICTIMS OF CRIME
OMNIBASE FEE
FUGITIVE APPREHENSION
INDIGENT DEFENSE FUND
JUVENILE CRIME AND DELINQUENCY
JUDICIAL AND COURT PERSONNEL TRAINING
JUSTICE COURT SECURITY FUND
DISTRICT JUDGE PAY RAISE FEE
JUROR SERVICE FUND
SHERIFF'S ARREST FEE
TEXAS PARKS & WILDLIFE
STATE ARREST FEE
SUBTITLE C
TECHNOLOGY FUND
TFC
TIME PAYMENT FEE
WARRANT FEE
ABSTRACT FEE
APPEAL TRANSCRIPT FEE
CIVIL INDIGENT FILING FEE
COLLECTION SERVICE FEE
DEFENSIVE DRIVING
DEFERRED FEE
EXPIRATION RENEWAL FEE
FILING FEE
SERVICE FEE
FINE
PARKS & WILDLIFE FINE
SEATBELT FINE
127
127
20
13
1
13
31
13
103
13
13
107
107
107
47
8
57
45
127
45
44
.37
2
1
10
37
8
2
3
10
9
89
8
3
Retained
o
1
o
o
o
o
1
o
o
o
0.00
9.90
0.00
0.00
0.00
0.00
50.00
0.00
0.00
0.00
2
114.71
329.68
334.99
0.16
0.62
0.68
18.47
273.64
6.16
13.29
0.62
2.46
70.49
62.21
21.24
161.22
25.54
146.14
48.22
354.04
96.44
332.34
1,739.76
10.00
10.00
2.70
3,581.12
76.20
318.00
30.00
225.00
600.00
11,043.48
95.25
73.50
Page 15
Disbursed Money-Totals
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
133 . 29
2,967.16
0.00
1.48
5.54
0.00
166.26
555.56
55.41
119.66
5.54
22.16
0.00
352.51
191. 18
0.00
6.38
36.54
916.26
0.00
0.00
332.35
0.00
0.00
0.00
51.30
0.00
0.00
0.00
0.00
0.00
0.00
0.00
539.75
73.50
0.00
9.90
0.00
0.00
0.00
0.00
50.00
0.00
0.00
0.00
248.00
3,296.84
334.99
1.64
6.16
0.68
184.73
829.20
61.57
132.95
6.16
24.62
70.49
414.72
212.42
161.22
31.92
182.68
964.48
354.04
96.44
664.69
1,739.76
10.00
10.00
54.00
3,581.12
76.20
318.00
30.00
225.00
600.00
11,043.48
635.00
147.00
~,
11/02/2009
Money Distribution Report
OCTOBER 2009 MONTHLY REPORT - JAMES W DUCKETT JP2
The following totals represent - Combined Money and Credits
Type Code Description
Count
Reta i ned
Page 16
OPMT OPMT OVERPAYMENT
0.50
0.00
Disbursed Money"Totals
0.50
Report Totals
185
20,104.16
6,398.54
26,502.70
1ii' ~
11/02/2009 Money Distribution Report Page 17
OCTOBER 2009 MONTHLY REPORT - JAMES W DUCKETT JP2
---------------------------------------------------------------------------------,---------------------------------------------------
DATE PAYMENT-TYPE FINES COURT-COSTS FEES BONDS RESTITUTION OTHER TOTAL
00-00-0000 Cash & Checks Collected 0.00 0.00 0.00 0.00 0.00 0.00 0.00
Jail Credits & Comm Service 0.00 0.00 0.00 0.00 0.00 0.00 0.00
Credit Cards & Transfers 0.00 0.00 0.00 0.00 0.00 0.00 0.00
Total of all Collections 0.00 0.00 0.00 0.00 0.00 0.00 0.00
09-01-1991 Cash & Checks Collected 0.00 0.00 0.00 0.00 0.00 0.00 0.00
Jail Credits & Comm Service 0.00 0.00 0.00 0.00 0.00 0.00 0.00
Credit Cards & Transfers 0.00 0.00 0.00 0.00 0.00 0.00 0.00
Total of all CoLlections 0.00 0.00 0.00 0.00 0.00 0.00 0.00
09-01-1993 Cash & Checks Collected 0.00 0.00 0.00 0.00 0.00 0.00 0.00
Jail Credits & Comm Service 0.00 0.00 0.00 0.00 0.00 0.00 0.00
Credit Cards & Transfers 0.00 0.00 0.00 0.00 0.00 0.00 0.00
Total of all Collections 0.00 0.00 0.00 0.00 0.00 0.00 0.00
09-01-1995 Cash & Checks Collected 0.00 0.00 0.00 0;00 0.00 0.00 0.00
Jail Credits & Comm Service 0.00 0.00 0.00 0.00 0.00 0.00 0.00
Credit Cards & Transfers 0.00 0.00 0.00 0.00 0.00 0.00 0.00
Total of all Collections 0.00 0.00 0.00 0.00 0.00 0.00 0.00
09-01-1997 Cash & Checks Collected 0.00 0.00 0.00 0.00 0.00 0.00 0.00
Jail Credits & Comm Service 0.00 0.00 0.00 0:00 0.00 0.00 0.00
Credit Cards & Transfers 0.00 0.00 0.00 0.00 0.00 0.00 0.00
Total of all Collections 0.00 0.00 0.00 0.00 0.00 0.00 0.00
09-01-1999 Cash & Checks Collected 0.00 0.00 0.00 0.00 0.00 0.00 0.00
Jail Credits & Comm Service 0.00 0.00 0.00 0.00 0.00 0.00 0.00
Credit Cards & Transfers 0.00 0.00 0.00 0.00 0.00 0.00 0.00
I
Total of all Collections 0.00 0.00 0.00 0.00 0.00 0.00 0.00
09-01-2001 Cash & Checks Collected 295.00 97.00 0.00 0.00 0.00 0.00 392.00
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 295.00 97.00 0.00 0.00 0.00 0.00 392.00
09-01-2003 Cash & Checks Collected 298.08 417.00 214.52 0.00 0.00 0.00 929.60
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 298.08 417.00 214.52 0.00 0.00 0.00 929.60
01-01-2004 Cash & Checks Collected 8;714.50 8,163.50 3,569.00 0.00 0.00 0.50 20,447.50
Jail Credits & Comm Service 2,467.90 906.80 1,110.90 0.00 0.00 0.00 4,485.60
Credit Cards & Transfers 50.00 188.10 9.90 0.00 0.00 0.00 248.00
Total of all Collections 11,232.40 9,258.40 4,689.80 0.00 0.00 0.50 25,181.10
TOTALS Cash & Checks Collected 9,307.58 8,677.5p 3,783.52 0.00 0.00 0.50 21,769.10
Jail Credits & Comm Service 2,467.90 906.80 1,110.90 0.00 0.00 0.00 4,485.60
Credit Cards & Transfers 50.00 188.10 9.90 0.00 0.00 0.00 248.00
Total of all Collections 11,825.48 9,772.40 4,904.32 0.00 0.00 0.50 26,502.70
.", .;
11/02/2009
Money Distribution Report
OCTOBER 2009 MONTHLY REPORT - JAMES W DUCKETT JP2
Page 18
DATE
FINES COURT-COSTS
------------------------------------------------------------------------------------------------------------------------------------
TOTAL
PAYMENT-TYPE
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
09-01-99 - 08-31-01
09-01-97 - 08-31-99
09-01-95 - 08-31-97
09-01-91 - 08-31-95
Bail Bonds Fee
DNA Testing Fees
EMS Trauma Fund (EMS)
JuveniLe Probation Diversion Fees
Jury Reimbursement Fee
Indigent Defense Fee
State Traffic Fees
162
18
o
o
o
o
o
o
o
o
102
99
44
Section II: As Applicable
State Police Officer Fees
Failure to Appear/Pay Fees
Judicial Fund - Const County Court
Judicial Fund - Statutory County Court
Motor Carrier Weight Violations
Time Payment Fee
Driving Record Fees
Judicial Support Fees
Report Sub Total
61
24
o
o
o
39
o
102
651
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 District & Family Law
CF: Dist Court Other Divorce/Family Law
CF: Dist Court Indig Filing Fees
CF: Family Protection Fee
CF: Judicial Support Fee
Report Sub Total
o
o
o
o
o
10
o
o
o
o
o
o
o
o
o
o
o
10
Total Due For This Period
661
ColLected
3,224.00
120.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
198.30
125.54
934.48
200.09
652. 13
0.00
0.00
0.00
567.14
0.00
388.48
6,410.16
0.00
0.00
0.00
0.00
0.00
54.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
54.00
6,464.16
,,-
FEES
BONDS RESTITUTION
Retained
322.40
12.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
19.83
12.55
46.72
160.07
215.20
0.00
0.00
0.00
283.57
0.00
58.27
1,130.61
0.00
0.00
0.00
0.00
0.00
2.70
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
2.70
1,133.31
Disbursed
2,901.60
108.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
178.47
112.99
887.76
40.02
436.93
0.00
0.00
0.00
283.57
0.00
330.21
5,279.55
0.00
0.00
0.00
0.00
0.00
51.30
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
51.30
5,330.85
OTHER
,.'"'-'='-....,. ......
..., ~
ol~
--
11/02/2009 Money Distribution Report Page
JUDGE GARY W. NOSKA, JP#3, OCT. 09 MONTHLY REPORT
------------------------------------ ------------- --------------------------------------------------------------------- -----------
Receipt Cause/Defendant Code Amount Code Amount Code Amount Code Amount Code Amount I Code Amount Total
I
0045036 2009-33897 10-02-2009 JSF 3.00 TFC 3.00 CCC 40.00 CHS 4.00 SAF 5.00 I TF 4.00 240.00
REEVES, AMANDA NICHOLE SUBC 30.00 JCSF 1.00 IDF 2.00 JPAY 6.00 FINE 142.00 I
Comm Service I
0045037 2009-33898 10-02-2009 JSF 3.00 TFC 3.00 CCC 40.00 CHS 4.00 SAF 5.00 I TF 4.00 180.00
REEVES, AMANDA NICHOLE SUBC 30.00 JCSF 1.00 IDF 2.00 JPAY 6.00 FINE 82.00 I
Comm Service I
0045038 2009-33386 10-02-2009 JSF 0.07 TFC 0.07 CCC 0.98 CHS 0.10 SAF 0.12 I TIME 0.61 60.00
ARMENDARIZ, ROGELIO CESAR TF 0.10 SUBC 0.73 JCSF 0.02 IDF 0.05 JPAY 0.15 I FINE 57.00
Cash I
0045039 2009-34214 10-07-2009 JSF 3.00 TFC 3.00 CCC 40.00 CHS 4.00 LAF 5.00 I TF 4.00 160.00
PAUL, JEFFREY ROBERT SUBC 30.00 JCSF 1.00 IDF 2.00 JPAY 6.00 CJDD 0.10 I FINE 61.90
Money Order I
0045040 2009-33876 10-12-2009 FINE 82.00 I 82.00
DURAN, ELIZABETH ANN I
Money Order I
1 -12-2009 JCPT 1.00 LEMI 0.50 CVC 15.00 CJP 5.00 I GR 2.50 344.25
I TFC 3.00 LEOA 1.00 DPSC 30.00 FINE 234.25 I
I I
0045042 21310 10-12-2009 I JCPT 1.00 LEOC 2.00 LEMI 0.50 CVC 15.00 CJP 5.00 I GR 2.50 290.00
e:~11'ti11CJjAEl~AN'f'HONY I TFC 3.00 LAF 5.00 LEOA 1.00 DPSC 30.00 FINE 175.00 1e.~!lT~DO
WJaj~(jS'~5it' I I '
0045043 2 - - 009 I JCPT 1.00 LEOC 2.00 LEMI 0.50 CVC 15.00 CJP 5.00 I GR 2.50 290.00
I TFC 3.00 LAF 5.00 LEOA 1.00 DPSC 30.00 FINE 175 .001l;~R~J~
I I
0045044 2009-33613 1 -13-2009 I JCPT 2.00 CVC 15.00 CCC 17.00 FA 5.00 JCD 0.50 CHS 3.00 I 500.00
HAVEMANN, NICHOLAS WAYNE I CMI 0.50 WRNT 50.00 TF 4.00 DPSC 30.00 DPSF 246.40 CSRV 126.60 I
Money Order I I
0045045 2008-33048 10-13-2009 I JSF 3.00 TFC 3.00 CCC 40.00 CHS 4.00 SAF 5.00 WRNT 50.00 I 500.00
HAVEMANN, NICHOLAS WAYNE I TIME 25.00 TF 4.00 DPSC 30.00 SUBC 30.00 JCSF 1.00 IDF 2.00
Money Order I JPAY 6.00 FINE 169.50 CSRV 127.50
0045046 2009-33505 10-15-2009 I FINE 60.00 60.00
SWINFORD, ROSS EDMOND I
Money Order I
0045047 2009-34309 10-15-2009 I JSF 3.00 TFC 3.00 CCC 40.00 CHS 4.00 SAF 5.00 TF 4.00 108.00
SMALLWOOD, RAMONA LYNN I SUBC 30.00 JCSF 1.00 IDF 2.00 JPAY 6.00 CJDD 0.10 DOC 9.90
Money Order I
0045048 2009-34078 10-16-2009 I JSF 3.00 TFC 3.00 CCC 40.00 CHS 4.00 SAF 5.00 I TIME 25.00 265.00
ANDRADE, JESUS MANUEL I TF 4.00 SUBC 30.00 JCSF 1.00 IDF 2.00 JPAY 6.00 I FINE 142.00
Money Order I I
0045049 21201 10-16-2009 I JCPT LOO LEOC 2.00 LEMI 0.50 CVC 15.00 CJP 5.00 I CR 5.00 190.00
ALCORTA, JOSEPH ANGEL I GR 2.50 TFC 3.00 LAF 5.00 LEOA 1.00 DPSC 30.00 I FINE 120.00
Cash I I
0045050 2009-33601 10-19-2009 I JSF 0.80 TFC 0.81 CCC 10.73 CHS 1.07 SAF 1.34 I TIME 6.71 115.00
MOCHEN, ROBERT JAMES I TF 1.07 SUBC 8.05 JCSF 0.27 IDF 0.54 JPAY 1.61 I FINE 82.00
Money Order I 1t.IIJ.dr~
10-19-2009 I JSF 3.00 TFC 3.00 CCC 40.00 CHS 4.00 LAF 5.00 1.,1Lil' -alltoJ 265.00
I TIME 25.00 TF 4.00 DPSC 30.00 SUBC 30.00 JCSF 1.00 I IDF 2.00
Money Order I JPAY 6.00 FINE 62.00 I
0045052 2002-26355 10-19-2009 I JCPT 2.00 CVC 15.00 TFC 3.00 FA 5.00 I JCD 0.50 265.00
I CHS 3.00 CMI 0.50 LAF 5.00 TF 4.00 I DPSC 30.00
I FINE 130.00 I
I JCPT 2.00 17.00 FA 5.00 JCD 0.50 I CHS 3.00 375.00
I CMI 0.50 4.00 DPSC 30.00 FINE 248.00 I
Personal Check I I
~
~,
~! ...
11/02/2009 Money Distribution Report Page 2
JUDGE GARY W. NOSKA, JP#3, OCT. 09 MONTHLY REPORT
---------------------------------------------------------------------------------------------------------- ------------------------.
Receipt Cause/Defendant Code Amount Code Amount Code Amount Code Amount Code Amount Code Amount Total
0045054 2009-34308 10-20-2009 JSF 3.00 TFC 3.00 CCC 40.00 CHS 4.00 SAF 5.00 TF 4.00 108.00
TIMS, SARAH MATINA SUBC 30.00 JCSF 1.00 IDF 2.00 JPAY 6.00 CJDD 0.10 DOC 9.90
Money Order
0045055 2009-34284 10-21-2009 JSF 3.00 TFC 3.00 CCC 40.00 CHS 4.00 SAF 5.00 TF 4.00 240.00
BRYARS, PATRICIA MCCELLON SUBC 30.00 JCSF 1.00 IDF 2.00 JPAY 6.00 CJDD 0.10 OFF 141.90
Money Order
0045056 2004-29362 10-22-2009 JCPT 2.00 CCC 17.00 FA 5.00 JCD 0.50 CHS 3.00 548.60
CMI 0.50 TF 4.00 DPSC 30.00 DPSF 295.00 CSRV 126.60
ersonal Check
0045057 2002-26634 10-22-2009 JCPT 2.00 CVC 15.00 - FA 5.00 JCD 0.50 CHS 3.00 500.50
CMI 0.50 LAF 5.00 TF 4.00 DPSC 30.00 FINE 253.00
Personal Check CSRV 115.50
004 10-22-2009 JCPT 0.29 CVC 1.87 TFC 0.37 FA 0.62 JCD 0.06 398.00
CHS 0.37 CMI 0.06 LAF 0.62 TIME 3.12 TF 0.50
Personal Check DPSC 30.00 FINE 200.00 CSRV 108.00
0045059 2009-34318 10-22-2009 JSF 3.00 TFC 3.00 CCC 40.00 CHS 4.00 LAF 5.00 TF 4.00 108.00
HOLT, DOUGLAS CARL SUBC 30.00 JCSF 1.00 IDF 2.00 JPAY 6.00 CJDD 0.10 DOC 9.90
Money Order
0045060 2009-33641 10-22-2009 I ADMF 5.00 5.00
SUNLY ENTERPRISES, INC. DBA DAYS I I I
Money Order I I I
10-23-2009 I JSF 3.00 I ccc 40.00 I CHS 4.00 LAF 5.00 I~~~TF 4.00 200.00
I DPSC 30.00 I JCSF 1.00 I IDF 2.00 JPAY 6.00 f S. ro
I I I I I
0045062 2009-34358 I JSF 3.00 I TFC 3.00 " CCC 40.00 CHS 4.00 I SAF 5.00 I TF 4.00 180.00
PATEL, VINODBHAI N. I SUBC 30.00 I JCSF 1. 00 q IDF 2.00 JPAY 6.00 I CJDD 0.10 I FINE 81.90
Money Order I I " I I
0045063 2009-33644 10-23-2009 I FFEE 25.00 I CIFF 6.00,1 I I 31. 00
KNEUPPER, CARY I I I
Cash I I I
0045064 2009-34285 10-26-2009 JSF 3.00 I TFC 3.00 CCC 40.00 CHS 4.00 I SAF 5.00 I TF 4.00 220.00
KIGHT, FLOYD RAYMOND SUBC 30.00 I JCSF 1.00 IDF 2.00 JPAY 6.00 I CJDD 0.10 I OFF 121.90
Money Order I I I
0045065 2009-34042 10-26-2009 JSF 3.00 I TFC 3.00 ccc 40.00 CHS 4.00 LAF 5.00 I TIME 25.00 205.00
CASTRO, SONIA AN TF 4.00 I SUBC 30.00 I JCSF 1.00 IDF 2.00 JPAY 6.00 I FINE 82.00
Money Order I I I
0045066 2009-34337 10-26-2009 JSF 3.00 I TFC 3.00 I CCC 40.00 CHS 4.00 SAF 5.00 TF 4.00 108.00
MUIRHEAD, JOANNA LEE SUBC 30.00 I JCSF 1.00 I IDF 2.00 JPAY 6.00 CJDD 0.10 DOC 9.90
Money Order I I
0045067 2009-34372 10-26-2009 JSF 3.00 I CCC 40.00 :1 CHS 4.00 LAF 5.00 TF 4.00 JCSF 1.00 310.00
SKELLY, BRYAN DAVID IDF 2.00 I JPAY 6.00 II FINE 245.00
Jail Credit I I I
0045068 2009-34332 10-26-2009 JSF 3.00 I TFC 3.00 I CCC 40.00 CHS 4.00 LAF 5.00 TF 4.00 I 108.00
HOELSCHER, KEITH MCEVOY SUBC 30.00 I JCSF 1.00 I IDF 2.00 JPAY 6.00 CJDD 0.10 DOC 9.90 I
Money Order @~- I I
10-27-2009 TIME 25.00 I JPAY 4.00 FINE 47.00 CSRV 37.80 I 163.80
I -'. ~'I I I
I I I I
00 I JSF 2.14 I TFC 2.14 I CCC 28.47 CHS 2.85 LAF 3.56 I 144.50
I TIME 17.80 I TF 2.85 I DPSC 21.35 SUBC 21.35 JCSF 0.71 I IDF 1.42 I
Personal Check I JPAY 4.27 I I Itwrd!.4!4.:iJt
0- -2009 I JSF 0.86 I TFC 0.86 I CCC 11. 53 CHS 1.15 LAF 1.44 200.00
I TIME 7.20 I TF 1.15 I DPSC 8.65 SUBC 8.65 JCSF 0.29 I IDF 0.58 I
I JPAY 1.73 I FINE 62.00 I CSRV 79.50 I I
.:
-,
..
11/02/2009 Money Distribution Report Page 3
JUDGE GARY W. NOSKA, JP#3, OCT. 09 MONTHLY REPORT
---------------------------------------------------------------- --------------------------- --------------------------- -----------
Receipt Cause/Defendant Code Amount Code Amount Code Amount Code Amount Code Amount Code Amount Total
JSF 0.07 TFC 0.07 CCC 0.98 CHS 0.10 LAF 0.12 149.50
TIME 0.61 TF 0.10 SUBC 0.73 JCSF 0.02 IDF 0.05
Persona Check FINE 62.00 CSRV 34.50
0045073 2009-34353 10-28-2009 EXRF 20.00 20.00
LEEPER, STEVEN JOSEPH
Money Order
0045074 2009-34405 10-29-2009 JSF 3.00 TFC 3.00 CCC 40.00 CHS 4.00 SAF 5.00 TF 4.00 180.00
DOH, BU SUBC 30.00 JCSF 1.00 IDF 2.00 JPAY 6.00 CJDD 0.10 FINE 81. 90
Cash I
0045075 2009-34406 10-29-2009 JSF 3.00 TFC 3.00 I CCC 40.00 CHS 4.00 SAF 5.00 TF 4.00 108.00
WANG, KUNG SHENG SUBC 30.00 JCSF 1.00 I IDF 2.00 JPAY 6.00 CJDD 0.10 DOC 9.90
Cash I
0045076 2009-34306 10-30-2009 JSF 0.61 TFC 0.61 I CCC 8.12 CHS 0.81 LAF 1.02 TIME 5.08 25.00
RODRIGUEZ, EDWARD TF 0.81 SUBC 6.09 "1 JCSF 0.20 IDF 0.41 JPAY 1.22 CJDD 0.02
Money Order I
0045077 2009-34208 10-30-2009 JSF 3.00 CCC 40.00 I CHS 4.00 LAF 5.00 TF 4.00 JCSF 1.00 220.00
BORDOSKY, LACIE ANN IDF 2.00 JPAY 6.00 :I OFF 155.00
Cash I
--
.....
- ,.""""',.
11/02/2009
Money Distribution Report
JUDGE GARY W. NOSKA, JP#3. OCT. 09 MONTHLY REPORT
The following totals represent - Cash and Checks Collected
Type Code Description
Count
The following totals represent - Cash and Checks Collected
COST ADMF
COST CCC
COST CHS
COST CJDD
COST CJP
COST CMI
COST CR
COST CVC
COST DPSC
COST FA
COST GR
COST IDF
COST JCD
COST JCPT
COST JCSF
COST JPAY
COST JSF
COST LAF
COST LEMI
COST LEOA
COST LEOC
COST SAF
COST SUBC
COST TF
COST TFC
COST TI ME
COST WRNT
FEES CIFF
FEES CSRV
FEES DOC
FEES OFF
FEES EXRF
FEES FFEE
FINE DPSF
FINE FINE
ADMINISTRATION FEE
CONSOLIDATED COURT COSTS
COURTHOUSE SECURITY
CIVIL JUSTICE DATA DEPOSITORY FEE
CJP
CORRECTIONAL MANAGEMENT INSTITUTE
CR
COMPENSATION TO VICTIMS OF CRIME
OMNI
FUGITIVE APPREHENSION
GENERAL REVENUE
INDIGENT DEFENSE FUND
JUVENILE CRIME AND DELINQUENCY
JUDICIAL AND COURT PERSONNEL TRAINING
JUSTICE COURT SECURITY FUND
JPAY DISTRICT JUDGE PAY RAISE FEE
JUROR SERVICE FUND
SHERIFF'S FEE
LAW ENFORCEMENT MANAGEMENT INSTITUTE
LAW ENFORCEMENT OFFICE ADMINISTRATION
LEOCE
DPS
SUBTITLE C
TECHNOLOGY FUND
TFC
TIME PAYMENT FEE
WARRANT FEE
CIVIL INDIGENT FILING FEE
COLLECTION SERVICE FEE
DEFENSIVE DRIVING
DEFERRED FEE
EXPIRATION RENEWAL FEE
FILING FEE
DPS FTA FINE
FINE
The following totals represent - Transfers Collected
Money Totals
COST ADMF
COST CCC
COST CHS
COST CJDD
COST CJP
COST CMI
COST CR
ADMINISTRATION FEE
CONSOLIDATED COURT COSTS
COURTHOUSE SECURITY
CIVIL JUSTICE DATA DEPOSITORY FEE
CJP
CORRECTIONAL MANAGEMENT INSTITUTE
CR
1
27
27
12
1
6
1
7
10
6
1
21
6
7
21
22
21
13
1
1
1
12
20
27
23
11
11
1
7
6
3
1
1
2
18
34
Retained
5.00
77.64
84.30
0.11
0.50
0.26
0.50
9.19
96.15
2.56
0.25
3.45
0.26
1.13
17.22
16.11
5.17
50.32
0.05
0.10
0.20
41.17
24.35
89.43
55.07
79.46
535.59
0.30
676.50
59.40
418.80
20.00
25.00
541 .40
2,022.20
4,959.14
o
o
o
o
o
o
o
0.00
0.00
0.00
0.00
0.00
0.00
0.00
Page
4
Disbursed Money-Totals
0.00
698.76
0.00
1.01
4.50
2.30
4.50
82.68
195.20
23.06
2.25
31.02
2.30
10.16
0.00
91.29
46.52
0.00
0.45
0.90
1.80
10.29
462.60
0.00
0.00
79.47
0.00
5.70
0.00
0.00
0.00
0.00
0.00
0.00
0.00
1 ,756.76
0.00
0.00
0.00
0.00
0.00
0.00
0.00
5.00
776.40
84.30
1.12
5.00
2.56
5.00
91.87
291.35
25.62
2.50
34.47
2.56
11.29
17.22
107.40
51.69
50.32
0.50
1.00
2.00
51.46
486.95
89.43
55.07
158.93
535.59
6.00
676.50
59.40
418.80
20.00
25.00
541.40
2,022.20
6,715 .90
0.00
0.00
0.00
0.00
0.00
0.00
0.00
11/02/2009
Money Distribution Report
JUDGE GARY W. NOSKA, JP#3, OCT. 09 MONTHLY REPORT
The following totals represent - Transfers Collected
Type Code Description
COST
COST
COST
COST
COST
COST
COST
COST
COST
COST
COST
COST
COST
COST
COST
COST
COST
COST
COST
COST
FEES
FEES
FEES
FEES
FEES
FEES
FINE
FINE
CVC
DPSC
FA
GR
IDF
JCD
JCPT
JCSF
JPAY
JSF
LAF
LEMI
LEOA
LEOC
SAF
SUBC
TF
TFC
TIME
WRNT
CIFF
CSRV
DOC
OFF
EXRF
FFEE
DPSF
FINE
COMPENSATION TO VICTIMS OF CRIME
OMNI
FUGITIVE APPREHENSION
GENERAL REVENUE
INDIGENT DEFENSE FUND
JUVENILE CRIME AND DELINQUENCY
JUDICIAL AND COURT PERSONNEL TRAINING
JUSTICE COURT SECURITY FUND
JPAY DISTRICT JUDGE PAY RAISE FEE
JUROR SERVICE FUND
SHERIFF'S FEE
LAW ENFORCEMENT MANAGEMENT INSTITUTE
LAW ENFORCEMENT OFFICE ADMINISTRATION
LEOCE
DPS
SUBTITLE C
TECHNOLOGY FUND
TFC
TIME PAYMENT FEE
WARRANT FEE
CIVIL INDIGENT FILING FEE
COLLECTION SERVICE FEE
DEFENSIVE DRIVING
DEFERRED FEE
EXPIRATION RENEWAL FEE
FILING FEE
DPS FTA FINE
FINE
Count
o
o
o
o
o
o
o
o
o
o
o
o
o
o
o
o
o
o
o
o
o
o
o
o
o
o
o
o
The following totals represent - Jail Credit and Community Service
o
COST ADMF
COST CCC
COST CHS
COST CJDD
COST CJP
COST CMI
COST CR
COST CVC
COST DPSC
COST FA
COST GR
COST IDF
COST JCD
COST JCPT
COST JCSF
COST JPAY
Transfer Totals
ADMINISTRATION FEE
CONSOLIDATED COURT COSTS
COURTHOUSE SECURITY
CIVIL JUSTICE DATA DEPOSITORY FEE
CJP
CORRECTIONAL MANAGEMENT INSTITUTE
CR
COMPENSATION TO VICTIMS OF CRIME
OMNI
FUGITIVE APPREHENSION
GENERAL REVENUE
INDIGENT DEFENSE FUND
JUVENILE CRIME AND DELINQUENCY
JUDICIAL AND COURT PERSONNEL TRAINING
JUSTICE COURT SECURITY FUND
JPAY DISTRICT JUDGE PAY RAISE FEE
o
5
5
o
3
o
o
3
5
o
3
5
o
3
5
5
Retained
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
17.15
17.15
0.00
1.50
0.00
0.00
4.50
42.45
0.00
0.75
0.86
0.00
0.30
4.29
3.86
Page
5
Disbursed Money-Totals
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
154.38
0.00
0.00
13.50
0.00
0.00
40.50
86.20
0.00
6.75
7.72
0.00
2.70
0.00
21.87
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
171.53
17.15
0.00
15.00
0.00
0.00
45.00
128.65
0.00
7.50
8.58
0.00
3.00
4.29
25.73
.-
11/02/2009
Money Distribution Report
JUDGE GARYW. NOSKA, JP#3, OCT. 09 MONTHLY REPORT
The following totals represent - Jail Credit and Community Service
Type Code Description
COST
COST
COST
COST
COST
COST
COST
COST
COST
COST
COST
FEES
FEES
FEES
FEES
FEES
FEES
FINE
FINE
JSF
LAF
LEMI
LEOA
LEOC
SAF
SUBC
TF
TFC
TIME
WRNT
CIFF
CSRV
DOC
OFF
EXRF
FFEE
DPSF
FINE
JUROR SERVICE FUND
SHERIFF'S FEE
LAW ENFORCEMENT MANAGEMENT INSTITUTE
LAW ENFORCEMENT OFFICE ADMINISTRATION
LEOCE
DPS
SUBTITLE C
TECHNOLOGY FUND
TFC
TIME PAYMENT FEE
WARRANT FEE
CIVIL INDIGENT FILING FEE
COLLECTION SERVICE FEE
DEFENSIVE DRIVING
DEFERRED FEE
EXPIRATION RENEWAL FEE
FI LING FEE
DPS FTA FINE
FINE
The following. totals represent - Credit Card Payments
Credit Totals
COST
COST
COST
COST
COST
COST
COST
COST
COST
COST
COST
COST
COST
COST
COST
COST
COST
COST
COST
COST
COST
COST
COST
COST
COST
ADMF
CCC
CHS
CJDD
CJP
CMI
CR
CVC
DPSC
FA
GR
IDF
JCD
JCPT
JCSF
JPAY
JSF
LAF
LEMI
LEOA
LEOC
SAF
SUBC
TF
TFC
ADMINISTRATION FEE
CONSOLIDATED COURT COSTS
COURTHOUSE SECURITY
CIVIL JUSTICE DATA DEPOSITORY FEE
CJP
CORRECTIONAL MANAGEMENT INSTITUTE
CR
COMPENSATION TO VICTIMS OF CRIME
OMNI
FUGITIVE APPREHENSION
GENERAL REVENUE
INDIGENT DEFENSE FUND
JUVENILE CRIME AND DELINQUENCY
JUDICIAL AND COURT PERSONNEL TRAINING
JUSTICE COURT SECURITY FUND
JPAY DISTRICT JUDGE PAY RAISE FEE
JUROR SERVICE FUND
SHERIFF'S FEE
LAW ENFORCEMENT MANAGEMENT INSTITUTE
LAW ENFORCEMENT OFFICE ADMINISTRATION
LEOCE
DPS
SUBT ITLE C
TECHNOLOGY FUND
TFC
Count
5
5
3
3
3
2
3
5
6
1
5
o
1
o
o
o
o
1
7
8
o
o
o
o
o
o
o
o
o
o
o
o
o
o
o
o
o
o
o
o
o
o
o
o
o
Retained
1.29
21.44
0.15
0.30
0.60
8.00
3.43
17.15
15.86
3.60
214.41
0.00
79.50
0.00
0.00
0.00
0.00
55.00
1,115.25
1,628.79
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
Page
6
Disbursed Money-Totals
11. 57
0.00
1.35
2.70
5.40
2.00
65.22
0.00
0.00
3.60
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
425.46
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
12.86
21.44
1.50
3.00
6.00
10.00
68.65
17.15
15.86
7.20
214.41
0.00
79.50
0.00
0.00
0.00
0.00
55.00
1,115.25
2,054.25
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
11/02/2009
~
Money Distribution Report
JUDGE GARY W. NOSKA, JP#3, OCT. 09 MONTHLY REPORT
The following totals represent - Credit Card Payments
Type Code Description
COST TIME
COST WRNT
FEES CIFF
FEES CSRV
FEES DOC
FEES OFF
FEES EXRF
FEES FFEE
FINE DPSF
FINE FINE
TIME PAYMENT FEE
WARRANT FEE
CIVIL INDIGENT FILING FEE
COLLECTION SERVICE FEE
DEFENSIVE DRIVING
DEFERRED FEE
EXPIRATION RENEWAL FEE
FILING FEE
DPS FTA FINE
FINE
Credit Totals
Count
o
o
o
o
o
o
o
o
o
o
The following totals represent - Combined Money and Credits
o
COST
COST
COST
COST
COST
COST
COST
COST
COST
COST
COST
COST
COST
COST
COST
COST
COST
COST
COST
COST
COST
COST
COST
COST
COST
COST
COST
FEES
FEES
FEES
FEES
FEES
FEES
FINE
ADMF
CCC
CHS
CJDD
CJP
CMI
CR
CVC
DPSC
FA
GR
IDF
JCD
JCPT
JCSF
JPAY
JSF
LAF
LEMI
LEOA
LEOC
SAF
SUBC
TF
TFC
TIME
WRNT
CIFF
CSRV
DOC
OFF
EXRF
FFEE
DPSF
ADMINISTRATION FEE
CONSOLIDATED COURT COSTS
COURTHOUSE SECURITY
CIVIL JUSTICE DATA DEPOSITORY FEE
CJP
CORRECTIONAL MANAGEMENT INSTITUTE
CR
COMPENSATION TO VICTIMS OF CRIME
OMNI
FUGITIVE APPREHENSION
GENERAL REVENUE
INDIGENT DEFENSE FUND
JUVENILE CRIME AND DELINQUENCY
JUDICIAL AND COURT PERSONNEL TRAINING
JUSTICE COURT SECURITY FUND
JPAY DISTRICT JUDGE PAY RAISE FEE
JUROR SERVICE FUND
SHERIFF'S FEE
LAW ENFORCEMENT MANAGEMENT INSTITUTE
LAW ENFORCEMENT OFFICE ADMINISTRATION
LEOCE
DPS
SUBTI TLE C
TECHNOLOGY FUND
TFC
TIME PAYMENT FEE
WARRANT FEE
CIVIL INDIGENT FILING FEE
COLLECTION SERVICE FEE
DEFENSIVE DRIVING
DEFERRED FEE
EXPIRATION RENEWAL FEE
FILING FEE
DPS FTA FINE
1
32
32
12
4
6
1
10
15
6
4
26
6
10
26
27
26
18
4
4
4
14
23
32
29
12
16
1
8
6
3
1
1
3
Retained
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
5.00
94.79
101.45
0.11
2.00
0.26
0.50
13.69
138.60
2.56
1.00
4.30
0.26
1.43
21.51
19.97
6.45
71.76
0.20
0.40
0.80
49.17
27.78
106.58
70.93
83.06
750.00
0.30
756.00
59.40
418.80
20.00
25.00
596.40
Page
7
Disbursed Money-Totals
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.,00
0.00
0.00
0.00
0.00
853.14
0.00
1.01
18.00
2.30
4.50
123.18
281.40
23.06
9.00
38.75
2.30
12.86
0.00
113.16
58.10
0.00
1.80
3.60
7.20
12.29
527.82
0.00
0.00
83.07
0.00
5.70
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
5.00
947.93
101.45
1.12
20.00
2.56
5.00
136.87
420.00
25.62
10.00
43.05
2.56
14.29
21.51
133. 13
64.55
71.76
2.00
4.00
8.00
61.46
555.60
106.58
70.93
166 _ 13
750.00
6.00
756.00
59.40
418.80
20.00
25.00
596.40
11/02/2009
Money Distribution Report
JUDGE GARY W. NOSKA, JP#3, OCT. 09 MONTHLY REPORT
Page
8
The following totals represent - Combined Money and Credits
Type Code Description
Count
Retained
Disbursed Money-Totals
FINE FINE FINE
25
3,137.45
0.00
3,137.45
Report Totals
42
6,587.91
2,182.24
8,770.15
~t
, . . .;j
11/02/2009, Money Distribution Report Page 9
JUDGE GARY W. NOSKA, JP#3, OCT. 09 MONTHLY REPORT
------------------------------------------------------------------------------------------------------------------------------------
DATE PAYMENT-TYPE FINES COURT-COSTS FEES BONDS REST! TUT ION OTHER TOTAL
00-00-0000 Cash & Checks Collected 0.00 0.00 0.00 0.00 0.00 0.00 0.00
Jail Credits & Comm Service 0.00 0.00 0.00 0.00 0.00 0.00 0.00
Credit Cards & Transfers 0.00 0.00 0.00 0.00 0.00 0.00 0.00
Total of all Collections 0.00 0.00 0.00 0.00 0.00 0.00 0.00
09-01-1991 Cash & Checks Collected 0.00 0.00 0.00 0.00 0.00 0.00 0.00
Jail Credits & 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 120.00 70.00 0.00 0.00 0.00 0.00 190.00
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 120.00 70.00 0.00 0.00 0.00 0.00 190.00
09-01-1997 Cash & Checks Collected 0.00 0.00 0.00 0.00 0.00 0.00 0.00
Jail Credits & Comm Service 584.25 340.00 0.00 0.00 0.00 0.00 924.25
Credit Cards & Transfers 0.00 0.00 0.00 0.00 0.00 0.00 0.00
Total of all Collections 584.25 340.00 0.00 0.00 0.00 0.00 924.25
09-01-1999 Cash & Checks Collected 0.00 0.00 0.00 0.00 0.00 0.00 0.00
Jail Credits & Comm Service 0.00 0.00 0.00 0.00 0.00 0.00 0.00
Credit Cards & Transfers 0.00 0.00 0.00 0.00 0.00 0.00 0.00
Total of all Collections 0.00 0.00 0.00 0.00 0.00 0.00 0.00
09-01-2001 Cash & Checks Collected 831.00 484.00 223.50 0.00 0.00 0.00 1,538.50
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 831.00 484.00 223.50 0.00 0.00 0.00 1,538.50
09-01-2003 Cash & Checks Collected 0.00 0.00 0.00 0.00 0.00 0.00 0.00
Jail Credits & Comm Service 0.00 0.00 0.00 0.00 0.00 0.00 0.00
Credit Cards & Transfers 0.00 0.00 0.00 0.00 0.00 0.00 0.00
Total of all Collections 0.00 0.00 0.00 0.00 0.00 0.00 0.00
01-01-2004 Cash & Checks Collected 1,612.60 2,392.60 982.20 0.00 0.00 0.00 4,987.40
Jail Credits & Comm Service 586.00 464.50 79.50 0.00 0.00 0.00 1,130.00
Credit Cards & Transfers 0.00 0.00 0.00 0.00 0.00 0.00 0.00
Total of all Collections 2,198.60 2,857.10 1 , 061. 70 0.00 0.00 0.00 6,117.40
TOTALS Cash & Checks Collected 2,563.60 2,946.60 1 ,205.70 0.00 0.00 0.00 6,715.90
Jail Credits & Comm Service 1 , 170. 25 804.50 79.50 0.00 0.00 0.00 2,054.25
Credit Cards & Transfers 0.00 0.00 0.00 0.00 0.00 0.00 0.00
Total of all Collections 3,733.85 3,751.10 1,285.20 0.00 0.00 0.00 8,770.15
-.
" ~, b
11/02/2009
Money Distribution Report
JUDGE GARY W. NOSKA, JP#3, OCT. 09 MONTHLY REPORT
DATE
PAYMENT-TYPE
FINES COURT-COSTS
State of Texas Quarterly Reporting Totals
Description
Count
State Comptroller Cost and Fees Report
Section I: Report for Offenses Committed
01-01-04 Forward
09-01-01 - 12-31-03
09-01-99 - 08-31-01
09-01-97 - 08-31-99
09-01-95 - 08-31-97
09-01-91 - 08-31-95
Bai l Bonds Fee
DNA Testing Fees
EMS Trauma Fund (EMS)
Juvenile Probation Diversion Fees
Jury Reimbursement Fee
Indigent Defense Fee
State Traffic Fees
33
24
o
o
8
o
o
o
o
o
21
21
20
Section II: As Applicable
State Police Officer Fees
Failure to Appear/Pay Fees
Judicial Fund - Const County Court
Judicial Fund - Statutory County Court
Motor Carrier Weight Violations
Time Payment Fee
Driving Record Fees
Judicial Support Fees
Report Sub Total
12
10
o
o
o
11
o
22
182
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 District & Family Law
CF: Dist Court Other Divorce/Family Law
CF: Dist Court Indig Filing Fees
CF: Family Protection Fee
CF: Judicial Support Fee
Report Sub Total
o
o
o
o
o
1
o
o
o
o
o
o
o
o
o
o
o
1
Total Due For This Period
183
FEES
BONDS RESTITUTION
Collected
Retained
769.28
125.02
0.00
0.00
32.00
0.00
0.00
0.00
0.00
0.00
51.69
34.47
486.95
76.93
12.50
0.00
0.00
3.20
0.00
0.00
0.00
0.00
0.00
5.17
3.45
24.35
51.46
291.35
0.00
0.00
0.00
158.93
0.00
107.40
2,108.55
41.17
96.15
0.00
0.00
0.00
79.46
0.00
16.11
358.49
0.00
0.00
0.00
0.00
0.00
6.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
6.00
0.00
0.00
0.00
0.00
0.00
0.30
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.30
2,114.55
358.79
Disbursed
692.35
112.52
0.00
0.00
28.80
0.00
0.00
0.00
0.00
0.00
46.52
31.02
462.60
10.29
195.20
0.00
0.00
0.00
79.47
0.00
91.29
1,750.06
1 ,755.76
Page 10
OTHER
TOTAL
0.00
0.00
0.00
0.00
0.00
5.70
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
5.70
,\~..
11/04/2009 15:52
~,
351-983-2451
CALHOUN CO PCT 5
, PAGE 01
Judge Nancy Pomykal
~JUitice't'orlfhe"'Pea'ce.Pct':"5.
Collections for tbe,M<olifhT(jfl~pr.H..204)9. r
Date: November 3, 2009
Calhoun County COMMISSIONERS'S COURT
21] S. Ann Street
Port Lavaca~ TX 77979
Fax no: 553-4444
COMMISSIONER'S COURT:
Attached is a report of all collections for my court for the month of
October 2009.
Faxini 7 Pages including this cover.
Signed:
t)l
11/04/2009 15:52
351-983-2451
CALHOUN CO PCT 5
PAGE 02
,.
11/04/2009 HQney D;str;b~t1on Report page
JUDGE NANCY POMYKAL - PCl 5 - OCT08~R 2009 REPORt
----------~---------------~--~-----~~--------------------------~------~----------------------~----------------------------------
Reoeipt Csuae/De1endent I CQde Amount I Code AlIlOunt I' CQde Amount I Cod~ Amount I Code Amount I Code Amount I Total
I I I I I I
0373905 09-06-0225 10-01-2009 I J$F 3.00 I tee 40.00 CHS 4.00 I SAF 5.00 ITF 4.00 I JCSF 1.00 I 160.00
MURPHY, JULIA MAMIE I JPAY 6.00 I IOf 2.00 fiNE 95.00 I I I I
C8$h I I I I I I
0373906 09-03~01S0 10-06-2009 I JSF 4.00 I ccc 40.00 CHS 3.00 I LAF 5.00 In 4.00 I JeSF 1.00 I 310.00
MEDRANO, ROLLIE I JPAY 6.00 I IDF 2.00 fINE 245.00 I I I I
Jail Credit I I I I I I
0373907 09-06-0221 10-06-2009 I JSF 3.00 I cee 40.00 CHS 4.00 I LAF 5.00 I TF 4.00 I JCSF 1.00 I 320.00
LUNA, NATHAN R I JPAY 6.00 I 10F 2.00 FINE 255.00 I I I I
tomm $erVlcl!t I I I I I I
0373908 09-05-0192 10-06-2009 I JSF 3.00 I cec 40.00 CHS 4.00 I LAF 5.00 I Tf 4.00 I JCSF 1.00 I 220.00
ESNEAULT, CALEB I JPAY 6.00 I IOf 2.00 FINE 155.00 I I I I
Comm $ervicl!! I I I I I I
0373909 09-09-0365 10-07-2009 I JSF 3.00 I eee 40.00 CHS 4.00 I SAF 5.00 I If 4.00 I JCSF 1.00 I 115.00
~cHANEV, SCOTT ROBERTS I JPAY 6.00 I IOF 2.00 FINE 50.00 I I I I
Per'-onl!ll Cheek I I I I I I
0373910 09-10-0374 10-07-2009 I JSF 3.00 I CCC 40.00 CHS 4.00 I LAF 5.00 TII 4.00 I JCSF 1.00 I 177.58
ODOM, TIMoTHY I JMV 6.00 I IDF 2.00 FINE 50.00 I RTCfi 62.58 I I
Cosh I I I I I
0373911 08-o7-0~69 10-08-2009 I JSF 4.00 I ece 40.00 CH5 3.00 I PWAF 5.00 TF 4.00 I JC$F 1.00 I 214.50
VU, TOM TI1ANH I JPAV 6.00 I lOF 2.00 ~SF 100.00 I CSR\I 49.50 I I
company Cheek I I I I I
0~73912 0~09-o356 10-08-2009 I J$F 3.00 I eee 40.00 CHS 4.00 I PIIM 5.00 TF 4.00 I JCSF 1.00 I 100.00
SMITH, WILLIAM ALFRED I JPAY 6.00 I IOF 2.00 pwf 35.00 I I
Money Ordel" I I I I
0373913 09-09-0370 10-08-2009 JSF 3.00 I eee 40.00 CHS 4.00 I SAF 5.00 TF 4.00 JCSF 1.00 I 115.00
PLEZIA, RICHARD JOSEPH Jl'AV 6.00 I lOF 2.00 fiNE 50.00 I I
Honl;!y Order I I I
0373914 09-10-0376 10-12-2009 JSF 3.00 I eec 40.00 CHS 4.00 I PWM 5.00 I TF 4.00 JCSF 1.00 I 365.00
HELHS, DONNIE 0 JPAV 6.00 I IDF 2.00 PWF 300.00 I I
5527 Personal Check I I I
0373915 09-10-0375 10-13-2009 JSF 3.00 I ece 40.00 CHS 4.00 I PWAF 5.00 I TF 4.00 JCSF 1.00 365.00
WALKER, DOUGLAS ALaERT JPAY 6.00 I lDF 2.00 PWF 300.00 I I
2981 Personel Cheel( I I I
0373916 09-0?-03S9-SC 10-14-2009 A~fF 10.00 I t I 10.00
RENEAU, JOHN bAVID I I I
Caah I I I
0373917 09-10-0379 10-19-2009 AF 10.00 I I I 10.00
BRIAN, JOHN CALHOUN I I I
Honey Order I I t I
0373918 09-10-0383 10-26-2009 JSF 3,00 I 1fC 3.00 CCC 40.00 I eHS 4.00 I LAF 5.00 AOMF 9.90 108.00
MARSHALL, WILLIAM R Tf 4.00 I JCSF 1.00 JPAY 6.00 I IDF 2.00 I CJDR 0.10 suec 30.00
1409 Per,onl!ll Check I I I
0373919 09-09-0367 10-27-2009 JSF 3.00 I cce 40.00 CHS 4.00 I SAF 5.00 I 'fF 4.00 JeSf 1.00 115.00
.POWELl, CHRISTOPHER Al~AN JPAY 6.00 I IDF 2.00 FINE 50.00 I I
Cillsh I I I
0373920 09-09-0355 10-21-2009 JSJ' 3.00 I tee 40.00 CHS 4.00 I $AF 5.00 In 4.00 JCSJ' 1.00 160.00
PENA, SAMMIE DONNELL JPAY 6.00 I IPF 2.00 FINE 95.00 I I
Jail Credit I I I
0373921 09~10-03SS 10-28-2009 EXRF 10.00 I I I 10.00
PAVLICA, CORY rYLE~ I I I
Cash I I I
-....------. ---- -~.._---
11/04/2009 15:52 351-983-2451 CALHOUN CO PCT 5 PAGE 03
\:
11/04/2009 Money Oistribution Report Pllge 2
JUDGE NANCY POMYKAl - PCT S - OCTOBER 2009 REPORT
.....------------------------------------------------------......-------------~----------
Th@ following totals represent ~ C~5h and Checks Collected
Type CodE! Description count Retained Dit;bursed Honey-Totale
The following totals represent - cash end Checks collected
COST ADMF ADMINISTRATION FEE 1 9.90 0.00 9.90
COST cee CONSOLIDATED COURT COSTS 10 40.00 360.00 400.00
COST CHS COURTHOOSE SECURITY 10 39.00 0.00 39.00
COST CJDR CIVIL JUSTICE DATA REPOS1TO~Y FEE 1 0.10 0.00 0.10
COST lDF INDIGENT DEFENSE FUND iO Z.OO 18.00 20.00
COST JCSF JUSTICE COURT SECURITY FUND 10 10.00 0.00 10.00
COST JPAY JUDGE PAY RAISE FEE 10 9.00 51.00 60.00
COST JSF JUROR SERVICE FUND 10 3.10 27.90 31.00
COST LAF SHERIFF'S FEE 2 10.00 0.00 10.00
COSt PWAF TEXAS PARKS & WILDLIfE 4 16.00 4.00 20.00
COST SAF DPS 4 16.00 4.00 20.00
COST TF TECHNOLOGY fUND 10 40.00 0.00 40.00
COST He TfC 1 3.00 0.00 3.00
FEES AF ADMINISTRAtIVE FEE 1 10.00 0.00 10.00
FEES A,J Ff AaST~ACT OF JUDGMENT FILING FEE 1 10.00 0.00 10.00
FEES CSRV COLLECTION SERVICES FEE 1 49.50 0.00 49.50
FEES EXRF EXPIRATION RENEWAL FEE 1 10.00 0.00 10.00
FEES RTCN RESTITUTION TO COORT FOR NSF 1 6~.:;a 0.00 62.58
FEES SUBC SUB Tl TLE C 1 1.50 28.50 30.00
FINE fIN!: FINE 5 295.00 0.00 295.00
FINE PWF PARKS & WILDLIFE FINE 3 95.25 539.75 635.00
flNE WSF WATER SAFETY FINe 1 15.00 8S.00 100.00
Money fotels 13 746.93 1,118.15 1,865.08
The 1olloW1hS totala ~~p~esent - Transfert Coll@cted
COST ADMf ADMINISTRATION FEE 0 0.00 0.00 0.00
cOST cee CONSOLIDATED COUAr cOSTS 0 0.00 0.00 0.00
COST CHS COURTHOUSE SECURITY 0 0.00 0.00 0.00
COST CJDR clVIL JUSTICE PATA REPOSITORY 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 JPAY JUDGE PAY RAISE FeE 0 0_00 0.00 0.00
COST JSF JUROR SERVICE FUND 0 0.00 0.00 0.00
COST LAf SKERlff'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 TF TECHNOL.OGY FUND 0 0.00 0.00 0.00
COST TFe Tf:e 0 0.00 0.00 0.00
FEES AF ADMINISTRATIVE FEE 0 0.00 0.00 0.00
FEES AJFF ABSTRACT OF JUDGMENT FILING FEE 0 0.00 0.00 0.00
FEES CSRV COLLECTION SERVICES FEE 0 0.00 0.00 0.00
FEES EXRF EX~lRATION RENEWAL FEE 0 0.00 0.00 0.00
FEES RTCN RESTITUTION TO COURT fOR NSF 0 0.00 0.00 0.00
FEES SuBe SUB TITlE C 0 0.00 0.00 0.00
fIN!: F1NE FINE 0 0.00 0.00 0.00
11/04/2009 15:52
361-983-2461
CALHOUN CO PCT 5
PAGE 04
11j04jC!009 Money Distribution ~eport Page :3
JUDGE NANCY POMYKAL - PCT 5 - OCTOBER 2009 ~EPORT
------~------------------------------------------------------------~-----------------------------------------------------~~------
The follo~ing totals represent - Transfors Collected
Type Coe/e Description Count Retl!l1ned Disbursed Maney-Totllls
FINE pwF PARKS & WILDLIFE FINE 0 0.00 0.00 0.00
FINE USF WATER SAFETY FINE 0 0.00 0.00 0.00
Transfer Totals 0 0.00 0.00 0.00
The following totAls represent - JAil credit ~nd community Service
COST ADMF ADMINISTRATION FEE 0 0.00 0.00 0.00
COST CCC CONSOLIDATED COURT COSTS 4 16.00 144.00 160.00
COST CHS COURT~OUSE SECURITY 4 15.00 0.00 15.00
COST CJllR CIVIL JUSTICE DATA REPOSITORY 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 JPAY JUDGE PAY RAISE FE~ 4 3.60 .20.40 24.00
COST JSf JUROR SERVICE FUND 4 1.30 11.70 13.00
COST LAF SHERIFF'S FeE 3 15.00 0.00 15.00
COST PWAf TeXAS PAR~S & WILDLIfE 0 0.00 0.00 0.00
(;OST SAf llPS 1 4.00 , .00 5.00
COST TF TECHNOLoGY FUND 4 16.00 0.00 16.00
cOST TFC TFt 0 0.00 0.00 0.00
FEES AF ADMINISTRATIVE FEE 0 0.00 0.00 0.00
FEES AJFF ABSTRACT OF JUDGMENT FILING FEE 0 0.00 0.00 0.00
FEES CSRV COLLECTION Se~VICES FEE 0 0.00 0.00 0.00
FEES EXRF EXPIRATION RENE~AL FEE 0 0.00 0.00 0.00
fEES RTCN RESTITUTION TO COURT FOR NSF 0 0.00 0.00 0.00
FEES suac SUB T lTLE C 0 0.00 0.00 0.00
FINE FINE FINE 4 750.00 0.00 750.00
fINE PWF PARKS & WILDLIFE FINE 0 0.00 0.00 0.00
FINE WSF WATER SAfETY FINE 0 0.00 0.00 0.00
Credit Totala 4 825.70 184.30 1,010.00
The fQllo~ing totAls represent - Credit CArd Payment'
COS't ADMF ADMINISTRATION fEE 0 0.00 0.00 0.00
COST CCC (;ONSOLIDATED COURT COSTS 0 0.00 0.00 0.00
COST CHS COURT~OUSE SECURITY 0 0.00 0.00 0.00
COST CJDR CIVIL JUSTICE DATA REPOSITORY FEE 0 0.00 0.00 0.00
COST lDF INDIGENT DEFENSE FUND 0 0.00 0.00 0.00
cOST JC$I' JUSTICE COURT SECURITY FUND 0 0.00 0.00 0.00
COST JPAV JUDGE PAY RAISE FEE 0 0.00 0.00 0.00
cOST JSF JUROR SERVICE FUND 0 0.00 0.00 0.00
COST LAf ShERIFF'S FEE 0 0.00 0.00 0.00
COST PWAF TEXAS PARKS & WILDLIFE 0 0.00 0.00 0.00
COST SAF DPS 0 0.00 0.00 0.00
COST TF TECHNOLOGY FUND 0 0.00 0.00 0.00
COST TFt TFC 0 0.00 0_00 0.00
FEES AI' ADMINISTRATIVE FEE 0 0.00 0.00 0.00
FEES AJFf ABSTRACT OF JUDGM~NT fILING FEE 0 0.00 0.00 0.00
~
11/04/2009 15:52
351-983-2451
CALHOUN CO PCT 5
PAGE 05
11/04/2009 Koney Distribution Report page 4
JUDGE MANCY POMYKAL ~ PCT 5 - OCTOBER 2009 REPORT
---~------------------------~------------~---------------------------------------~------------------------~--------------~~-~
The following ~otals repre,ent - Credit Card I'aymenh
Type coele Description Count Retl!lined Disbursed Money-Totals
fEES CSRV COLLECTION SERVICES FEE 0 0.00 0.00 0.00
FEES EXRF EXPIRATION RENEWAL FEE 0 0.00 0.00 0.00
FEES RTCN RESTITUTION TO COORT FOR NSF 0 0.00 0.00 0.00
FeES suec SUB T1 Tl.e c: 0 0.00 0.00 0.00
FINE FINE FiNE 0 0.00 0.00 0.00
FINE P\.IF PARKS & WILDLIFE FlNE 0 0.00 0.00 0.00
FINE WSF WArE~ SAfETY 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
COST ADMF ADMINISTRATION FEE 1 9.90 0.00 9.90
COST cec COMSOLIDATED COURT cosrs 14 56.00 504.00 560.00
COST CI1$ COURTHOUSE SECURITY '14 54.00 0.00 54.00
COST CJDR CIVIL JUSTICE DATA REPOSITORY FEE 1 0.10 0.00 0.10
COST IDF INDIGENT DEFENSE fUND 14 2.80 25.20 28.00
COST JCSF JUSTICE COURT SECU~ITY FUND 14 14.00 0.00 14.00
COST JPAY JUDGE PAY RAISE F~E 14 12.60 71.40 54.00
COST JSF JU~OR SERVICE FUND 14 4.40 39.60 44.00
COST LAf SHERIff'S fEE 5 25.00 0.00 25.00
COST PWAF TeXAS PAR~S & WILDLIFE 4 16.00 4.00 20.00
COST SAF DPS ~ 20.00 5.00 25.00
COST TF TECHNOLOGY FU,..o 14 56.00 0.00 56.00
COST TFC HC 1 3.00 0.00 ~.oo
FEES Af' AO"lNIST~ATIVE FEE 1 10.00 0.00 10.00
FEES AJFF ABSTRACT OF JUDG"E~T FILING FEE 1 10.00 0.00 10.00
FEES CSRV COLLECTION SERVICEs FEE 1 49.50 0.00 49.50
FEES EXRF EXPI~TION RENEWAL ~EE 1 10.00 0.00 10.00
FEES RTCN RESTITUTION TO COURT FOR NSF 1 62.58 0.00 62.58
fEES SUBC SUB HTLE c 1 1.50 ~a.so 30.00
fINE FINE fINE 9 1,045.00 0.00 1,045.00
FINE Pwf PARKS & WILDLIFE FINE 3 95.25 539.75 635.00
FINE WSF WATER SAFETY FINE 1 15.00 85.00 '100.00
Report Totals 17 1,572.63 1,302.45 2,875.08
11/04/2009 15:52
361-983-2461
CALHOUN CO PCT 5
PAGE 06
11/04/2009 Money Distribution Report page 5
JUDGE NANCY POMYKAL - PCT 5 - OCT08E~ 2009 REPORT
~__________~_A______________________________________________~__-___------------------~---~--------------------~-~--~----------~--
DATE PAYMENT-TYPE FINES COURT-COSTS fEEs BONDS REST1iUTlON OTHeR. TOTAL
00-00-0000 Cash & Checks Collected 0.00 0.00 0.00 0.00 0.00 0.00 0.00
Jail Cr.dit~ & comm Service 0.00 0.00 0.00 0.00 0.00 0.00 0.00
Credit Card~ & Transfer~ 0.00 0.00 0.00 0.00 0.00 0.00 0.00
Total of all Collection$ 0.00 0.00 0.00 0_00 0.00 0.00 0.00
09-01~1991 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 & Trans1ers 0.00 0.00 0_00 0.00 0.00 0.00 0.00
total of .lL 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
JsiL credits & Comm Service 0.00 0.00 0.00 0.00 0.00 0_00 0.00
Credit Cards & Transfers 0.00 0.00 0.00 0.00 0.00 0.00 0.00
Total of aLL ColLectiona 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 Card$ & Tr~n&fer& 0.00 0.00 0_00 0_00 0.00 0.00 0_00
Total of ell CQll~ctio~t 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 S~rvice 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 C.s~ & 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 & Trans1ert 0.00 0.00 0.00 0.00 0.00 0.00 0.00
Total of aLL CoLLections 0.00 0_00 0.00 0.00 0.00 0.00 0.00
09-01~2001 Cash & Chec~$ CoLLected 0.00 0.00 0.00 0.00 0.00 0.00 0.00
Ja1~ 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 & Chec~$ Collected 0_00 0.00 0.00 0.00 0.00 0.00 0.00
JaiL Credits & comm Service 0.00 0_00 0.00 0.00 0.00 0.00 0,00
Credit Carda & Transfers 0.00 0.00 0.00 0.00 0.00 0.00 0.00
Tot.L of alL Collect;on~ 0.00 0_00 0_00 0.00 0.00 0.00 0.00
01-01-2004 CBsh & Checks CoLLected 1,030.00 663.00 172.08 0.00 0.00 0.00 1,665.08
Jail Credits & ComM service 750.00 260.00 0.00 0.00 0.00 0,00 1,010.00
Cr~dit Cards & Transfers 0.00 0.00 0_00 0.00 0.00 0.00 0.00
Total of all Collections 1,760.00 923.00 172.08 0.00 0.00 0.00 2,875.08
TOTALS Cash & Checks Collected 1,030.00 ~3.00 172.08 0.00 0.00 0.00 1,865.08
Jail Credits & Comm Service 750.00 260.00 0.00 0.00 0.00 0.00 1,010.00
credit C~rd9 & Transfers 0.00 0.00 0.00 0.00 0.00 0.00 0.00
Total of all CoLLections 1,780.00 923 . 00 172.06 0.00 0.00 0.00 2,875.08
11/04/2009 15:52
351-983-2451
CALHOUN CO PCT 5
,_ .....t"
11/04/2009
Money ~1stribution Report
JUDGE NANCY POMYKAl - peT 5 - OCTOBER 2009 REPORT
PAGE 07
f"..g~
6
DATE
PAYMENT-TYPE
FINES COURT-COSTS
FEES
BONDS RESTITUTION
-~------~----------------------------------~--------------~------------------------~-------------------------------------------
OTHER
TOTAL
State of Te~5s Quarterly Reporting Totals
Description
Count
Collected
Retained
Disbursed
State comptroller Cost and Fees Report
Section 1: Report for Offen$ts committed
01-01-04 Forw5rd
09-01-01 - 12-31-03
09-01-99 - 08-31-01
09~01-97 ~ 06-31-99
09-01-95 - OB-31-97
09-01-91 - 06-~1-95
llaiL Bonds Fee
DNA Te~ting Fees
EMS Tr5um8 Fund (SMS)
Juvenile Probation Diversion Fees
Jury Reimburse~ent Fe.
Indigent Defense Fee
State Tr51fie Fees
10
o
o
o
o
o
o
o
o
o
10
10
1
400.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
31.00
20.00
30.00
40.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
3.10
2.00
1.~
360.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
27.90
18.00
28.50
Section 11; As Applicable
State police Officer Fe..
Failur@ to Appear/Pey Fees
Judicial Fund - Const CQunty Court
Judiclal Fund - Statutory County Court
Hotor Carrier Weight violation~
T1m~ payment fee
Driving ReQOrd Fees
Judicial support Fee$
Report Sub Total
8
o
o
o
o
o
o
10
49
40.00
0.00
0.00
0.00
0.00
0.00
0.00
60.00
581.00
32.00
0.00
0.00
0.00
0.00
0.00
0.00
9.00
87.60
8.00
0.00
0.00
0.00
0.00
0.00
0.00
51.00
493.40
State comptroller Civil F@es Report
CF: Birth Certificate Fees
CF; Marriage License Fees
CF: Declaration 01 Informal Marriage
CF: Nondisclosure Fees
CF: Juror Donations
CF: Justice Court Indig Filing Fees
CF: Stat Prob Court India Filing Fee~
Cf: Stat Prob Court Judie Filing Fees
CF: Stat Cnty Court ~nd;g Filing Fee$
CF: Stat Cnty court Judic Filing Fees
CF: Cnst Cnty Court Indig Filing Fee$
CF: Cnet Cnty Court Judic Filing Fees
CF: Diet Court Distriet & Family L.w
CF: Dist Court other Divorce/Family Law
CF: Dist Court Ind;g filing Fees
CF; Family Protection Fee
CF: Judicial Support Fee
Report Sub fotal
o
o
o
o
o
o
o
o
o
o
a
o
o
o
o
o
o
o
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
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
Tot5l Due For This Period
49
581.00
87.60
49~.40
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
Page 1 of 2
---'M
MONTHL Y REPORT OF COLLECTIONS AND DISTRIBUTIONS
11/4/2009
CR 7865-999-20610
CR 7865-999-20740
CR 7970-999-20610
CR 7970-999-20740
CR 7505-999-20610
CR 7505-999-20740
CR 7857-999-20610
CR 7857-999-20740
CR 7856-999-20610
CR 7856-999-20740
Revised 9/17/09
COURT NAME: JUSTICE OF PEACE NO.4
"
MONTH OF REPO,~T: OCTOBER
YEAR OF REPO'RT: 2009
6.02
54,20
DR 7865-999-10010
CRIM-SUPP OF IND lEG SVCS-GEN FUND
CRIM-SUPP OF IND lEG SVCS-STATE
60,22
TLlFTA-GENERAl FUND 90.00
TLlFTA-STATE 180,00
DR 7970-999-10010 270.00
JPAY - GENERAL FUND 31,80
JPAY - STATE 180.20
DR 7505-999-10010 212,00
JURY REIMB. FUND- GEN. FUND 9,73
JURY REIMB, FUND- STATE 87,61
DR 7857-999-10010
97.34
CIVil JUSTICE DATA REPOS.- GEN FUND
CIVil JUSTICE DATA REPOS,- STATE
0,12
1,08
DR 7856-999-10010
1.20
TOTAL (Distrib Req to Oper Acct) $8,485.45
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
74,80
89,25
$164,05
TOTAL DUE TO OTHERS
TOTAL COLLECTED-ALL FUNDS
LESS: TOTAL TREASUER'S RECEIPTS
OVER/(SHORT)
$8,649.50
$8,649.50
$0,00
Page 2 of2
- - ~ ...--
'", "'"'""='\~h'Ili'iI=' "~
.,~ '
CALHOUN COU,!NTY
201 West Austin
Port Lavaca, Texas T1979
PAYOR
Official:
Title:
PAYEE
Name: Calhoun County Oper. Acct.
Address:
City:
State:
Zip:
Phone:
ACCOUNT NUMBER
7544-999- 20759-999
V# 930
DISTRIBUTION
REQU EST
DR# 480 A 40122
James Dworaczyk
Justice of the Peace, Pct. 4
JP4 Monthly Collections - I)istribution
OCTOBER
2009
$8,485.45
TOTAL 8,485.45
Signature of Official
Date
.',
...,-;;::"(1':0"',.,."
/<i;~.P" . "'1' "'"
/~~ .',,' ~\
/~ '\
j ".
I I
I
/
/
CALHOUN COUNTY
201 West Austin
Port Lavaca, Texas 77979
DISTRIBUTION
REQUEST
DR# 480 B 40122
PAYEE
Name: Texas Parks & Wildlife
Address:
City:
State:
Zip:
Phone:
PAYOR
Official:
Title:
James Dworaczyk
Justice of the Peace, Pet. 4
ACCOUNT NUMEtER. .< m .m l ~..., ....... ...... ... "AMOUNT
.......... ....
7544-999- 20759-999 JP4 Parks ft Wildlife Fines S 148.75
OCTOBER
2009
V# 7603
TOTAL 148.75
Signature of Official
Date
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DISTRIBUTION
REQUEST
DR# 480 C 40122
PAYEE
Name: Texas Parks & Wildlife
Address:
City:
State:
Zip:
Phone:
PAYOR
Official:
Title:
James Dworaczyk
Justice of the Peace, Pct. 4
" ACCOUNTNUM~E.R i i.., ,., ,....,>,~.....'ii. AMOUNT
7544-999- 20759-999 JP4. Parks & Wildlife- Water Safety Fines S 89,25
OCTOBER
2009
V# 7604
TOTAL 89.25
Signature of Official
Date
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11/04/2009 Money Distribution Report Page
-------------------------------------------------- --------------------------------------------------------------------- -----------
Receipt Cause/Defendant Code Amount Code Amount Code Amount Code Amount Code Amount Code Amount Total
3927831 2009-403 10-01-2009 TFC 3.00 CCC 40.00 CHS 4.00 LAF 5.00 TF 4.00 SUBC 30.00 160.00
VILLARREAL, KRISTIE ANN JCSF 1.00 JSF 3.00 IDF 2.00 FINE 62.00 JPAY 6.00
Cash
3927832 2009-402 10-01-2009 FINE 59.00 JPAY 6.00 65.00
CARDENA, CARLOS
Cash
3927833 2009-399 10-01-2009 TFC 3.00 CCC 40.00 CHS 4.00 LAF 5.00 TF 4.00 SUBC 30.00 130.00
YANEZ, ERNEST JOSEPH JR JCSF 1.00 JSF 3.00 IDF 2.00 FINE 32.00 JPAY 6.00
Cash
3927834 2009-438 10-05-2009 CCC 40.00 CHS 4.00 LAF 5.00 TF 4.00 JCSF 1.00 JSF 3.00 160.00
GARZA, HUMBERTO JR IDF 2.00 FINE 95.00 JPAY 6.00
Money Order
3927835 2009-442 10-05-2009 FINE 100.00 100.00
PENA, ANICETO
Money Order
3927836 2009-444 10-05-2009 CCC 40.00 CHS 4.00 LAF 5.00 TF 4.00 JCSF 1.00 JSF 3.00 160.00
WOOD, LUCY ANN IDF 2.00 FINE 95.00 JPAY 6.00
Cashier's Check
3927837 2006-279 10-05-2009 TFC 3.00 CCC 40.00 CHS 4.00 SAF 5.00 WRNT 50.00 TIME 25.00 351.00
LONG, ROBERT BLAKE TF 4.00 SUBC 30.00 DPSC 30.00 JCSF 1.00 JSF 3.00 FINE 71.00
MCVBA Personal Check CSRV 81.00 JPAY 4.00
3927838 2009-443 10-05-2009 CCC 40.00 CHS 4.00 LAF 5.00 TF 4.00 JCSF 1.00 JSF 3.00 160.00
ESPINOZA, JUAN M MONTOYA IDF 2.00 FINE 95.00 JPAY 6.00
Money Order
3927839 2009-467 10-05-2009 TFC 3.00 CCC 40.00 CHS 4.00 LAF 5.00 TF 4.00 SUBC 30.00 108.00
GARCIA, NARCISO JR JCSF 1.00 JSF 3.00 IDF 2.00 CJDR 0.10 DOC 9.90 JPAY 6.00
Money Order
3927840 2009-477 10-06-2009 TFC 3.00 CCC 40.00 CHS 4.00 SAF 5.00 TF 4.00 SUBC 30.00 180.00
RUIZ, RAMIRO JR JCSF 1.00 JSF 3.00 IDF 2.00 CJDR 0.10 FINE 81.90 JPAY 6.00
Money Order
3927841 2009-473 10-06-2009 TFC 3.00 CCC 40.00 CHS 4.00 LAF 5.00 TF 4.00 SUBC 30.00 100.00
VALLEJO, RIGOBERTO GARCIA JCSF 1.00 JSF 3.00 IDF 2.00 CJDR 0.10 FINE 7.90
Cash
3927842 2009-458 10-06-2009 TFC 3.00 CCC 40.00 CHS 4.00 SAF 5.00 TF 4.00 SUBC 30.00 100.00
RODGERS, JOHNE LEE II JCSF 1.00 JSF 3.00 IDF 2.00 CJDR 0.10 FINE 7.90
Cash
3927843 2008-373 10-07-2009 CCC 40.00 CHS 4.00 LAF 5.00 TIME 25.00 TF 4.00 DPSC 30.00 355.00
RODRIGUEZ, DAVID JCSF 1.00 JSF 3.00 IDF 2.00 FINE 235.00 JPAY 6.00
Jail Credit
3927844 2008-373A 10-07-2009 JCPT 2.00 CVC 15.00 CCC 17.00 FA 5.00 JCD 0.50 CHS 4.00 422.00
RODRIGUEZ, DAVID CMI 0.50 TF 4.00 DPSC 30.00 DPSF 344.00
Jail Credit
3927845 2009-464 10-07-2009 CCC 40.00 CHS 4.00 SAF 5.00 TF 4.00 JCSF 1.00 JSF 3.00 115.00
SANDERS, STEVEN LOWELL IDF 2.00 FINE 50.00 JPAY 6.00
Credit Card
3927846 2009-412 10-08-2009 FINE 74.00 JPAY 6.00 80.00
GARCIA, JOSE ANGEL
Cash
3927847 2009-275A 10-08-2009 CCC 40.00 CHS 4.00 SAF 5.00 WRNT 50.00 TF 4.00 JCSF 1.00 392.00
CASTI L LO, RAUL JSF 3.00 IDF 2.00 FINE 277.00 JPAY 6.00
Jail Credit
3927848 2009-275 10-08-2009 CCC 40.00 CHS 4.00 SAF 5.00 WRNT 50.00 TIME 25.00 TF 4.00 235.00
CASTILLO, RAUL JCSF 1.00 JSF 3.00 IDF 2.00 FINE 95.00 JPAY 6.00
Jail Credi t
11/04/2009 Money Distribution Report Page 2
------------------------------------------------------------------------------------------------------------------------------------
Receipt Cause/Defendant Code Amount Code Amount Code Amount Code Amount Code Amount Code Amount Total
3927849 2009-274 10-08-2009 TFC 3.00 CCC 40.00 CHS 4.00 SAF 5.00 WRNT 50.00 TIME 25.00 235.00
CASTI LLO, RAUL TF 4.00 SUBC 30.00 JCSF 1.00 JSF 3.00 IDF 2.00 FINE 62.00
Jail Credit JPAY 6.00
3927850 2009-411 10-12-2009 CCC 40.00 CHS 4.00 SAF 5.00 TF 4.00 JCSF 1.00 JSF 3.00 115.00
VELEZ, MATTHEW LEE IDF 2.00 FINE 50.00 JPAY 6.00
Money Order
3927851 19249 10-12-2009 JCPT 2.00 CVC 15.00 CCC 17.00 FA 5.00 JCD 0.50 CHS 3.00 330.00
REVILLA, ROBELIN L CMI 0.50 LAF 5.00 TIME 25.00 TF 4.00 FINE 253.00
Cash
3927852 19248 10-12-2009 JCPT 2.00 CVC 15.00 CCC 17.00 FA 5.00 JCD 0.50 CHS 3.00 130.00
REVILLA, ROBELIN L CMI 0.50 LAF 5.00 TIME 25.00 TF 4.00 FINE 53.00
Cash
3927853 2009-434 10-12-2009 PWF 54.00 JPAY 6.00 60.00
KHOAN, PHUNG N
Cash
3927854 2009-390 10-12-2009 TIME 25.00 FINE 79.00 JPAY 6.00 110.00
MARTINEZ, JESSIE JOE
Cash
3927855 2009-360 10-12-2009 CCC 24.38 CHS 2.44 LAF 3.05 WRNT 30.49 TIME 15.25 TF 2.44 100.00
CANTU, MICHAEL LEON DPSC 18.29 JCSF 0.61 JSF 1.83 IDF 1.22
Cash
3927856 2009-396 10-13-2009 FINE 54.00 JPAY 6.00 60.00
CASTILLO, ROGELIO DOMINGUEZ
Cash
3927857 2009-470 10-13-2009 TFC 3.00 CCC 40.00 CHS 4.00 SAF 5.00 TF 4.00 SUBC 30.00 108.00
WINES, RONALD DARREN JCSF 1.00 JSF 3.00 IDF 2.00 CJDR 0.10 DOC 9.90 JPAY 6.00
Money Order
3927858 2009-442 10-14-2009 FINE 190.00 JPAY 6.00 196.00
PENA, ANICETO
Money Order
3927859 2007-561A 10-14-2009 JCPT 2.00 CVC 15.00 CCC 17.00 FA 5.00 JCD 0.50 CHS 4.00 422.00
FONTENOT, YOUREE JR CMI 0.50 TF 4.00 DPSC 30.00 DPSF 344.00
Money Order
3927860 2009-395 10-14-2009 TFC 3.00 CCC 40.00 CHS 4.00 SAF 5.00 TF 4.00 SUBC 30.00 300.00
ZARAGOZA, JOSEPH ANDREW JCSF 1.00 JSF 3.00 IDF 2.00 FINE 202.00 JPAY 6.00
Money Order
3927861 2009-306 10-14-2009 FINE 74.00 JPAY 6.00 80.00
GROSS, WILLIAM RAYMOND I
Money Order I
3927862 2009-393 10-14-2009 FINE 134.00 I JPAY 6.00 140.00
SCOTT, RICKY ALLEN JR I
Cash I
3927863 JC2009-012 10-14-2009 SF 75.00 I FFEE 25.00 CIFF 2.00 102.00
TAYLOR, DORA I
Cash I
3927864 2009-419 10-19-2009 CCC 40.00 I CHS 4.00 LAF 5.00 WRNT 50.00 TIME 25.00 TF 4.00 300.00
RIVERA, LUIS ALBERTO DPSC 30.00 I JCSF 1.00 JSF 3.00 IDF 2.00 FINE 136.00
Money Order I
3927865 2009-487 10-19-2009 CCC 40.00 I CHS 4.00 PWAF 5.00 TF 4.00 JCSF 1.00 JSF 3.00 160.00
KENNON, CHRISTOPHER GEORGE IDF 2.00 I WSF 101.00
Cashier's Check I
3927866 2009-478 10-19-2009 TFC 3.00 I CCC 40.00 CHS 4.00 SAF 5.00 TF 4.00 SUBC 30.00 95.00
MORAN, JOSE ANTONIO JCSF 1.00 I JSF 3.00 IDF 2.00 CJDR 0.10 FINE 2.90
Credit Card I
11/04/2009 Money Distribution Report Page 3
-------------------------------------------------- -------.------------------- -----------------------------------------------------
Receipt Cause/Defendant Code Amount Code Amount Code Amount Code Amount Code Amount Code Amount Total
3927867 2009-481 10-19-2009 TFC 3.00 CCC 40.00 CHS 4.00 SAF 5.00 TF 4.00 SUBC 30.00 108.00
DOMINGUEZ, GUILLERMO JCSF 1.00 JSF 3.00 IDF 2.00 CJDR 0.10 DDC 9.90 JPAY 6.00
FSB Cashier's Check
3927868 2009-093 10-19-2009 TFC 3.00 CCC 40.00 CHS 4.00 SAF 5.00 WRNT 50.00 TIME 25.00 370.50
CANTU, TIMOTHY EDUARDO TF 4.00 SUBC 30.00 DPSC 30.00 JCSF 1.00 JSF 3.00 IDF 2.00
MVBA Personal Check FINE 82.00 CSRV 85.50 JPAY 6.00
3927869 2009-372 10-19-2009 TFC 3.00 CCC 40.00 CHS 4.00 SAF 5.00 WRNT 50.00 TIME 25.00 305.00
GONZALEZ, JOSEPH RENE TF 4.00 SUBC 30,00 DPSC 30.00 JCSF 1.00 JSF 3.00 IDF 2.00
Cash SEAT 102.00 JPAY 6.00
3927870 2009-392A 10-19-2009 CCC 40.00 CHS 4.00 SAF 5.00 WRNT 50.00 TF 4.00 DPSC 30.00 422.00
GONZALEZ, JOSEPH RENE JCSF 1.00 JSF 3.00 IDF 2.00 FINE 277.00 JPAY 6.00
Cash
3927871 2009-360 10-20-2009 CCC 15.62 CHS 1.56 LAF 1.95 WRNT 19.51 TIME 9.75 TF 1.56 325.00
CANTU, MICHAEL LEON DPSC 11.71 JCSF 0.39 JSF 1.17 IDF 0.78 FINE 255.00 JPAY 6.00
Cash
3927872 2009-360A 10-20-2009 CCC 40.00 CHS 4.00 LAF 5.00 WRNT 50.00 TF 4.00 DPSC 30.00 422.00
CANTU, MICHAEL LEON JCSF 1.00 I JSF 3.00 IDF 2.00 FINE 277.00 JPAY 6.00
Cash I
3927873 2007-561 10-20-2009 TFC 3.00 I CCC 40.00 CHS 3.00 SAF 5.00 WRNT 50.00 TIME 25.00 325.00
FONTENOT, YOUREE JR TF 4.00 SUBC 30.00 DPSC 30.00 JCSF 1.00 JSF 4.00 FINE 51. 00
Credit Card CSRV 75.00 JPAY 4.00
3927874 2009-507 10-20-2009 ccc 40.00 CHS 4.00 LAF 5.00 TF 4.00 JCSF 1.00 JSF 3.00 100.00
NGUYEN, HIEP DUC IDF 2.00 FINE 41.00
Cash
3927875 2009-447 10-21-2009 PWF 34.00 JPAY 6.00 40.00
PEREZ, JUAN MANUEL
Cash
392~876 2009-479 10-21-2009 TFC 3.00 CCC 40.00 CHS 4.00 LAF 5.00 TF 4.00 SUBC 30.00 180.00
,DAVIS, GARY LYNN JCSF 1.00 JSF 3.00 IDF 2.00 CJDR 0.10 FINE 81.90 JPAY 6.00
Money Order
3927877 2009-374 10-22-2009 TFC 3.00 CCC 40.00 CHS 4.00 SAF 5.00 TIME 25.00 TF 4.00 155.00
ICE, CHRISTINE MICHELLE SUBC 30.00 JCSF 1.00 JSF 3.00 IDF 2.00 FINE 32.00 JPAY 6.00
Money Order
3927878 2009-476 10-26-2009 TFC 3.00 CCC 40.00 CHS 4.00 SAF 5.00 TF 4.00 SUBC 30.00 200.00
SMITH, JOSHUA DAYMOND JCSF 1.00 JSF 3.00 IDF 2.00 CJDR 0.10 FINE 107.90
Cash
3927879 CV-09-008 10-27-2009 FFEE 25.00 25.00
TEXAS SALTWATER/, FISHING MAGAZI
TX SALTWATER FISH Money Order
3927880 2009-317 10-28-2009 CCC 40.00 CHS 4.00 LAF 5.00 WRNT 50.00 TIME 25.00 TF 4.00 235.00
KLAMM, KEVIN JR JCSF 1.00 JSF 3.00 IDF 2.00 FINE 95.00 JPAY 6.00
SHERIFF DEPT. Personal Check
3927881 2009-318 10-28-2009 CCC 4.47 CHS 0.45 LAF 0.56 WRNT 5.60 TIME 2.80 TF 0.45 15.00
KLAMM, KEVIN JR JCSF 0.11 JSF 0.34 IDF 0.22
SHERIFF DEPT. Personal Check
3927882 2009-318 10-28-2009 CCC 35.53 CHS 3.55 LAF 4.44 WRNT 44.40 TIME 22.20 TF 3.55 220.00
KLAMM, KEVIN JR JCSF 0.89 JSF 2.66 IDF 1.78 FINE 95.00 JPAY 6.00
Jail Credit
3927883 2009-528 10-28-2009 CCC 40.00 CHS 4.00 LAF 5.00 TF 4.00 JCSF 1.00 JSF 3.00 320.00
MILLER, CHARLES WAYNE IDF 2.00 FINE 255.00 JPAY 6.00
Jail Credit
3927884 2009-248 10-28-2009 CCC 40.00 CHS 4.00 SAF 5:00 WRNT 50.00 TIME 25.00 TF 4.00 265.00
RAMIREZ, JESTlN DOUGLAS DPSC 30.00 JCSF 1.00 JSF 3.00 IDF 2.00 FINE 95.00 JPAY 6.00
Jai l Credi t
11/04/2009 Money Distribution Report Page 4
-------------------------------------------------------------------.---------------------------------------------------- -----------
Receipt Cause/Defendant Code.Amount Code Amount Code Amount Code Amount Code Amount Code Amount Total
3927885 2009-475 10-28-2009 TFC 3.00 CCC 40.00 CHS 4.00 SAF 5.00 TF 4.00 SUBC 30.00 180.00
MCMAHAN, DEREK EUGENE JCSF 1.00 JSF 3.00 IDF 2.00 CJDR 0.10 FINE 81. 90 JPAY 6.00
Money Order
3927886 2009-489 10-28-2009 TFC 3.00 CCC 40.00 CHS 4.00 SAF 5.00 TF 4.00 SUBC 30.00 180.00
KADIYALA, SURESH KUMAR JCSF 1.00 JSF 3.00 IDF 2.00 CJDR 0.10 FINE 81.90 JPAY 6.00
Money Order
3927887 2009-487 10-28-2009 WSF 4.00 JPAY 6.00 10.00
KENNON, CHRISTOPHER GEORGE
Money Order
3927888 2009-476 10-29-2009 FINE 89.00 JPAY 6.00 95.00
SMITH, JOSHUA DAYMOND
Cash
3927889 2009-482 10-29-2009 TFC 3.00 CCC 40.00 CHS 4.00 SAF 5.00 TF 4.00 SUBC 30.00 180.00
VANDRIES, TERRI HASKETT JCSF 1.00 JSF 3.00 IDF 2.00 CJDR 0.10 FINE 81.90 JPAY 6.00
Money Order
11/04/2009
Money Distribution Report
------------------------------------------------------------------------------------------------------------------------------------
Page
5
The following totals represent - Cash and Checks Collected
Type Code Description
COST
COST
COST
COST
COST
COST
COST
COST
COST
COST
COST
COST
COST
COST
COST
COST
COST
COST
COST
COST
FEES
FEES
FEES
FEES
FEES
FEES
FINE
FINE
FINE
FINE
FINE
CCC
CHS
CJDR
CMI
CVC
DPSC
FA
IDF
JCD
JCPT
JCSF
JSF
LAF
PWAF
SAF
SUBC
TF
TFC
TIME
WRNT
CIFF
CSRV
DOC
FFEE
JPAY
SF
DPSF
FINE
PWF
SEAT
WSF
CONSOLIDATED COURT COSTS
COURT HOUSE SECURITY
CIVIL JUSTICE DATA RES\POSITORY
CMI
CVC
DPS OMNIBASE FEE
FA
INDIGENT DEFENSE FUND
JCD
JCPT
JUSTICE COURT SECURITY FUND
JUROR SERVICE FUND
SHERIFF'S FEE
TEXAS PARKS & WILDLIFE
DPS
SUBTITLE C
TECHNOLOGY FUND
TFC
TIME PAYMENT FEE
WARRANT FEE
CIVIL INDIGENT FILING FEE
COLLECTION SERVICE FEE
DEFENSIVE DRIVING
FILING FEE
JUDGE PAY RAISE FEE
'.SERVICE FEE
DPS FTA FINE
FINE
PARKS & WILDLIFE FINE
SEATBELT FINE
WATER SAFETY FINE
FEE
The following totals represent - Transfers Collected
COST
COST
COST
COST
COST
COST
COST
COST
COST
COST
COST
COST
COST
COST
Money Totals
CCC
CHS
CJDR
CMI
CVC
DPSC
FA
IDF
JCD
JCPT
JCSF
JSF
LAF
PWAF
CONSOLIDATED COURT COSTS
COURT HOUSE SECURITY
CIVIL JUSTICE DATA RES\POSITORY FEE
CMI
CVC
DPS OMNIBASE FEE
FA
INDIGENT DEFENSE FUND
JCD
JCPT
JUSTICE COURT SECURITY FUND
JUROR SERVICE FUND
SHERIFF'S FEE
TEXAS PARKS & WILDLIFE
Count
34
34
11
3
3
9
3
30
3
3
31
31
17
1
15
18
34
18
12
10
1
2
3
2
34
1
1
35
2
1
2
48
Retained
121.55
126.45
0.11
0.15
4.50
79.20
1.50
5.62
0.15
0.60
29.11
8.73
75.56
4.00
60.00
27.00
128.45
54.00
126.40
405.60
0.10
166.50
29.70
50.00
30.30
75.00
344.00
3,589.20
13.20
51.00
15.75
5,623.43
o
o
o
o
o
o
o
o
o
o
o
o
o
o
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
Disbursed Money-Totals
1,093.92
0.00
0.99
1.35
40.50
160.80
13.50
50.60
1.35
5.40
0.00
78.61
0.00
1.00
15.00
513.00
0.00
0.00
126.40
0.00
1.90
0.00
0.00
0.00
171. 70
0.00
0.00
0.00
74.80
51.00
89.25
2,491.07
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
1,215.47
126.45
1.10
1.50
45.00
240.00
15.00
56.22
1.50
6.00
29.11
87.34
75.56
5.00
75.00
540.00
128.45
54.00
252.80
405.60
2.00
166.50
29.70
50.00
202.00
75.00
344.00
3,589.20
88.00
102.00
105.00
8,114.50
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
11/04/2009 Money Distribution Report Page 6
------------------------------------------------------------------------------------------------------------------------------------
The following totals represent - Transfers Collected
Type Code Description Count Retained Disbursed Money-Totals
COST SAF DPS 0 0.00 0.00 0.00
COST SUBC SUBT ITLE C 0 0.00 0.00 0.00
COST TF TECHNOLOGY FUND 0 0.00 0.00 0.00
COST TFC TFC 0 0.00 0.00 0.00
COST TIME TIME PAYMENT FEE 0 0.00 0.00 0.00
COST WRNT WARRANT FEE 0 0.00 0.00 0.00
FEES CIFF CIVIL INDIGENT FILING FEE 0 0.00 0.00 0.00
FEES CSRV COLLECTION SERVICE FEE 0 0.00 0.00 0.00
FEES DOC DEFENSIVE DRIVING 0 0.00 0.00 0.00
FEES FFEE FILING FEE 0 0.00 0.00 0.00
FEES JPAY JUDGE PAY RAISE 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
FINE PWF PARKS & WILDLIFE FINE 0 0.00 0.00 0.00
FINE SEAT SEATBELT FINE 0 0.00 0.00 0.00
FINE WSF WATER SAFETY 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 8 29.25 263.28 292.53
COST CHS COURT HOUSE SECURITY 8 31.55 0.00 31.55
COST CJDR CIVIL JUSTICE DATA RES\POSITORY FEE 0 0.00 0.00 0.00
COST CMI CMI 1 0.05 0.45 0.50
COST CVC CVC 1 1.50 13.50 15.00
COST DPSC DPS OMNIBASE FEE 3 29.70 60.30 90.00
COST FA FA 1 0.50 4.50 5.00
COST IDF INDIGENT DEFENSE FUND 7 1.38 12.40 13.78
COST JCD JCD 1 0.05 0.45 0.50
COST JCPT JCPT 1 0.20 1.80 2.00
COST JCSF JUSTICE COURT SECURITY FUND 7 6.89 0.00 6.89
COST JSF JUROR SERVICE FUND 7 2.07 18.59 20.66
COST LAF SHERIFF'S FEE 3 14.44 0.00 14.44
COST PWAF TEXAS PARKS & WILDLIFE 0 0.00 0.00 0.00
COST SAF DPS 4 16.00 4.00 20.00
COST SUBC SUBTITLE C 1 1.50 28.50 30.00
COST TF TECHNOLOGY FUND 8 31.55 0.00 31.55
COST TFC TFC 1 3.00 0.00 3.00
COST TIME TIME PAYMENT FEE 5 61.10 61.10 122.20
COST WRNT WARRANT FEE 5 244.40 0.00 244.40
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 DOC DEFENSIVE DRIVING 0 0.00 0.00 0.00
FEES FFEE FILING FEE 0 0.00 0.00 0.00
FEES JPAY JUDGE PAY RAISE FEE 7 6.30 35.70 42.00
FEES SF SERVICE FEE 0 0.00 0.00 0.00
FINE DPSF DPS FTA FINE 1 344.00 0.00 344.00
FINE FINE FINE 7 1,114.00 0.00 1,114.00
11/04/2009
Money Distribution Report
l
------------------------------------------------------------------------------------------------------------------------------------
Page
7
The following totals represent - Jail Credit and Community Service
Type Code Description
Count
FINE PWF PARKS & WILDLIFE FINE
FINE SEAT SEATBELT FINE
FINE WSF WATER SAFETY FINE
o
o
o
The following totals represent - Credit Card Payments
Credit Totals
8
COST
COST
COST
COST
COST
COST
COST
COST
COST
COST
COST
COST
COST
COST
COST
COST
COST
COST
COST
COST
FEES
FEES
FEES
FEES
FEES
FEES
FINE
FINE
FINE
FINE
FINE
CCC
CHS
CJDR
CMI
CVC
DPSC
FA
IDF
JCD
JCPT
JCSF
JSF
LAF
PWAF
SAF
SUBC
TF
TFC
TIME
WRNT
CIFF
CSRV
DOC
FFEE
JPAY
SF
DPSF
FINE
PWF
SEAT
WSF
CONSOLIDATED COURT COSTS
COURT HOUSE SECURITY
CIVIL JUSTICE DATA RES\POSITORY FEE
CMI
CVC
DPS OMNIBASE FEE
FA
INDIGENT DEFENSE FUND
JCD
JCPT
JUSTICE COURT SECURITY FUND
JUROR SERVICE FUND
SHERIFF'S FEE
TEXAS PARKS & WILDLIFE
DPS
SUBTITLE C
~TECHNOLOGY FUND
TFC
TIME PAYMENT FEE
WARRANT FEE
CIVIL INDIGENT FILING FEE
COLLECTION SERVICE FEE
DEFENSIVE DRIVING
FILING FEE
JUDGE PAY RAISE FEE
SERVICE FEE
DPS FTA FINE
FINE
PARKS & WILDLIFE FINE
SEATBELT FINE
WATER SAFETY FINE
3
3
1
o
o
1
o
2
o
o
3
3
o
o
3
2
3
2
1
1
o
1
o
o
2
o
o
3
o
o
o
The following totals represent - Combined Money and Credits
Credit Totals
3
COST
COST
COST
COST
COST
COST
CCC
CHS
CJDR
CMI
CVC
DPSC
CONSOLIDATED COURT COSTS
COURT HOUSE SECURITY
CIVIL JUSTICE DATA RES\POSITORY FEE
CMI
CVC
DPS OMNIBASE FEE
45
45
12
4
4
13
Retained
0.00
0.00
0.00
1 ,939.43
12.00
11.00
0.01
0.00
0.00
9.90
0.00
0.40
0.00
0.00
3.00
1.00
0.00
0.00
12.00
3.00
12.00
6.00
12.50
50.00
0.00
75.00
0.00
0.00
1.50
0.00
0.00
103.90
0.00
0.00
0.00
313.21
162.80
169.00
0.12
0.20
6.00
118.80
Disbursed Money-Totals
0.00
0.00
0.00
504.57
108.00
0.00
0.09
0.00
0.00
20.10
0.00
3.60
0.00
0.00
0.00
9.00
0.00
0.00
3.00
57.00
0.00
0.00
12.50
0.00
0.00
0.00
0.00
0.00
8.50
0.00
0.00
0.00
0.00
0.00
0.00
221.79
1,465.20
0.00
1.08
1.80
54.00
241.20
0.00
0.00
0.00
2,444.00
120.00
11.00
0.10
0.00
0.00
30.00
0.00
4.00
0.00
0.00
3.00
10.00
0.00
0.00
15.00
60.00
12.00
6.00
25.00
50.00
0.00
75.00
0.00
0.00
10.00
0.00
0.00
103.90
0.00
0.00
0.00
535.00
1,628.00
169.00
1.20
2.00
60.00
360.00
~
11/04/2009 Money Distribution Report Page 8
------------------------------------------------------------------------------------------------------------------------------------
The following totals represent - Combined Money and Credits
Type Code Description Count Retained Disbursed Money-Totals
COST FA FA 4 ,2.00 18.00 20.00
COST IDF INDIGENT DEFENSE FUND 39 7.40 66.60 74.00
COST JCD JCD 4 0.20 1.80 2.00
COST JCPT JCPT 4 0.80 7.20 8.00
COST JCSF JUSTICE COURT SECUR ITY FUND 41 39.00 0.00 39.00
COST JSF JUROR SERVICE FUND 41 11.80 106.20 118.00
COST LAF SHERIFF'S FEE 20 90.00 0.00 90.00
COST PWAF TEXAS PARKS & WILDLIFE 1 4.00 1.00 5.00
COST SAF DPS 22 88.00 22.00 110.00
COST SUBC SUBTITLE C 21 31.50 598.50 630.00
COST TF TECHNOLOGY FUND 45 172.00 0.00 172.00
COST TFC TFC 21 63.00 0.00 63.00
COST TIME TIME PAYMENT FEE 18 200.00 200.00 400.00
COST WRNT WARRANT FEE 16 700.00 0.00 700.00
FEES CIFF CIVIL INDIGENT FILING FEE 1 0.10 1.90 2.00
FEES CSRV COLLECTION SERVICE FEE 3 241.50 0.00 241.50
FEES DOC DEFENSIVE DRIVING 3 29.70 0.00 29.70
FEES FFEE FILING FEE 2 50.00 0.00 50.00
FEES JPAY JUDGE PAY RAISE FEE 43 38.10 215.90 254.00
FEES SF SERVICE FEE 1 75.00 0.00 75.00
FINE DPSF DPS FTA FINE 2 688.00 0.00 688.00
FINE FINE FINE 45 4,807.10 0.00 4,807.10
FINE PWF PARKS & WILDLIFE FINE 2 13.20 74.80 88.00
FINE SEAT SEATBELT FINE 1 51.00 51.00 102.00
FINE WSF WATER SAFETY FINE 2 15.75 89.25 105.00
Report Totals 59 7,876.07 3,217.43 11,093.50
11/04/2009 Money Distribution Report Page 9
------------------------------------------------------------------------------------------------------------------------------------
DATE PAYMENT-TYPE FINES COURT-COSTS FEES BONDS REST! TUT I ON OTHER TOTAL
00-00-0000 Cash & Checks Collected 0.00 0.00 0.00 0.00 0.00 0.00 0.00
Jail Credits & Comm Service 0.00 0.00 0.00 0.00 0.00 0.00 0.00
Credit Cards & Transfers 0.00 0.00 0.00 0.00 0.00 0.00 0.00
Total of all Collections 0.00 0.00 0.00 0.00 0.00 0.00 0.00
09-01-1991 Cash & Checks Collected 0.00 0.00 0.00 0.00 0.00 0.00 0.00
Jail Credits & Comm Service 0.00 0.00 0.00 0.00 0.00 0.00 0.00
Credit Cards & Transfers 0.00 0.00 0.00 0.00 0.00 0.00 0.00
Total of all Collections 0.00 0.00 0.00 0.00 0.00 0.00 0.00
09-01-1993 Cash & Checks Collected 0.00 0.00 0.00 0.00 0.00 0.00 0.00
Jail Credits & Comm Service 0.00 0.00 0.00 0.00 0.00 0.00 0.00
Credit Cards & Transfers 0.00 0.00 0.00 0.00 0.00 0.00 0.00
Total of all Collections 0.00 0.00 0.00 0.00 0.00 0.00 0.00
09-01-1995 Cash & Checks Collected 0.00 0.00 0.00 0.00 0.00 0.00 0.00
Jail Credits & Comm Service 0.00 0.00 0.00 0.00 0.00 0.00 0.00
Credit Cards & Transfers 0.00 0.00 0.00 0.00 0.00 0.00 0.00
Total of all Collections 0.00 0.00 0.00 0.00 0.00 0.00 0.00
09-01-1997 Cash & Checks Collected 0.00 0.00 0.00 0.00 0.00 0.00 0.00
Jail Credits & Comm Service 0.00 0.00 0.00 0.00 0.00 0.00 0.00
Credit Cards & Transfers 0.00 0.00 0.00 0.00 0.00 0.00 0.00
Total of all Collections 0.00 0.00 0.00 0.00 0.00 0.00 0.00
09-01-1999 Cash & Checks Collected 0.00 0.00 0.00 0.00 0.00 0.00 0.00
Jail Credits & Comm Service 0.00 0.00 0.00 0.00 0.00 0.00 0.00
'Credit Cards & Transfers 0.00 0.00 0.00 0.00 0.00 0.00 0.00
'Total of all CoLLections 0.00 0.00 0.00 0.00 0.00 0.00 0.00
09-01-2001 Cash & Checks Collected 306.00 154.00 0.00 0.00 0.00 0.00 460.00
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 306.00 154.00 0.00 0.00 0.00 0.00 460.00
09-01-2003 Cash & Checks Collected 0.00 0.00 0.00 0.00 0.00 0.00 0.00
Jail Credits & Comm Service 0.00 0.00 0.00 0.00 0.00 0.00 0.00
Credit Cards & Transfers 0.00 0.00 0.00 0.00 0.00 0.00 0.00
Total of all Collections 0;00 0.00 0.00 0.00 0.00 0.00 Q.OO
01-01-2004 Cash & Checks Collected 3,922.20 3,207.10 525.20 0.00 0.00 0.00 7,654.50
Jail Credits & Comm Service 1,458.00 944.00 42.00 0.00 0.00 0.00 2,444.00
Credit Cards & Transfers 103.90 346.10 85.00 0.00 0.00 0.00 535.00
Total of all Collections 5,484.10 4,497.20 652.20 0.00 0.00 0.00 10,633.50
TOTALS Cash & Checks Collected 4,228.20 3,361.10 525.20 0.00 0.00 0.00 8,114.50
Jail Credits & Comm Service 1,458.00 944.00 42.00 0.00 0.00 0.00 2,444.00
Credit Cards & Transfers 103.90 346.10 85.00 0.00 0.00 0.00 535.00
Total of all Collections 5,790;10 4,651.20 652.20 0.00 0.00 0.00 11,093.50
l'
11/04/2009
DATE
PAYMENT-TYPE
State of Texas Quarterly Reporting Totals
Description
State Comptroller Cost and Fees Report
Section I: Report for Offenses Committed
01-01-04 Forward
09-01-01 - 12-31-03
09-01-99 - 08-31-01
09-01-97 - 08-31-99
09-01-95 - 08-31-97
09-01-91 - 08-31-95
Bai l Bonds Fee
DNA Testing Fees
EMS Trauma Fund (EMS)
Juvenile Probation Diversion Fees
Jury Reimbursement Fee
Indigent Defense Fee
State Traffic Fees
Section II: As Applicable
State Police Officer Fees
Failure to Appear/Pay Fees
Judicial Fund - Const County Court
Judicial Fund - Statutory County Court
Motor Carrier Weight Violations
Time Payment Fee
Driving Record Fees
Judicial Support Fees
Report Sub Total
State Comptroller Civil Fees Report
CF: Birth Certificate Fees
CF: Marriage License Fees
CF: Declaration of Informal Marriage
CF: Nondisclosure Fees
CF: Juror Donations
CF: Justice Court Indig Filing Fees
CF: Stat Prob Court Indig Filing Fees
CF: Stat Prob Court Judic Filing Fees
CF: Stat Cnty Court Indig Filing Fees
CF: Stat Cnty Court Judic Filing Fees
CF: Cnst Cnty Court Indig Filing Fees
CF: Cnst Cnty Court Judic Filing Fees
CF: Dist Court District & Family Law
CF: Dist Court Other Divorce/Family Law
CF: Dist Court Indig Filing Fees
CF: Family Protection Fee
CF: Judicial Support Fee
Report Sub Total
Total Due For This Period
Money Distribution Report
FINES COURT-COSTS
Count
40
12
o
o
o
o
o
o
o
o
34
32
20
19
10
o
o
o
13
o
36
216
o
o
o
o
o
1
o
o
o
o
o
o
o
o
o
o
o
1
217
FEES
Collected
1,324.47
80.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
97.34
60.22
600.00
95.00
270.00
0.00
0.00
0.00
277.80
0.00
212.00
3,016.83
0.00
0.00
0.00
0.00
0.00
2.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
2.00
3,018.83
BONDS RESTITUTION
Retained
132.45
8.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
9.73
6.02
30.00
76.00
89.10
0.00
0.00
0.00
138.90
0.00
31.80
522.00
0.00
0.00
0.00
0.00
0.00
0.10
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.10
522.10
Disbursed
1,192.02
72.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
87.61
54.20
570.00
19.00
180.90
0.00
0.00
0.00
138.90
0.00
180.20
2,494.83
2,496.73
Page 10
OTHER
TOTAL
0.00
0.00
0.00
0.00
0.00
1.90
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
1.90
CALHI CIIII.NTY Tine A~
~~-~ ,
CALHOUN COUNTY TREASURER'S REPORT MONTH OF: SEPTEMBER 2009
BEGINNING ENDING
FUND FUND BALANCE RECEIPTS DISBURSEMENTS FUND BALANCE
GENERAL $ 22,164,412,92 $ 372,831.02 $ 1,837,103.13 $ 20,700,140,81
AIRPORT MAINTENANCE 36,290,94 1,044,05 1,523,26 35,811.73
APPELLATE JUDICIAL SYSTEM 1,424.37 76,73 0,00 1,501.10
ANIMAL CONTROL-CAWS 160,73 0,20 0,00 160,93
CHAMBER TOURISM CENTER 258,27 0.31 0,00 258.58
COASTAL PROTECTION FUND 28,067,15 34,07 0,00 28, 101.22
COUNTY CHILD WELFARE BOARD FUND 721.86 60,88 0,00 782,74
COURTHOUSE SECURITY 159,480,69 1,700,44 0,00 161,181.13
DONATIONS 155,899.35 301.21 1,981.81 154,218,75
F AMIL Y PROTECTION FUND 2,956,88 3,59 0,00 2,960,47
JUVENILE DELINQUENCY PREVENTION FUND 8,294,62 10.07 0,00 8,304,69
GRANTS 73,483,67 18,531. 73 836,60 91,178,80
HWY 87/FM1090 284,615,25 345,51 0,00 284,960,76
JUSTICE COURT TECHNOLOGY 42,609,77 888.3 I 542,06 42,956,02
JUSTICE COURT BUILDING SECURITY FUND 7,977,99 203,78 0,00 8,181. 77
LATERAL ROAD PRECINCT #1 4,355.43 5,29 4,344,49 16,23
LATERAL ROAD PRECINCT #2 4,355,43 5,29 4,344,49 16,23
LATERAL ROAD PRECINCT #3 4,355.43 5,29 4,344.49 16,23
LATERAL ROAD PRECINCT #4 4,355.43 5,29 4,344.49 16,23
PRETRIAL SERVICES FUND 52,710,07 145,99 0,00 52,856,06
LAW LffiRARY 148,485,19 705,25 0,00 149,190.44
LAW ENF OFFICERS STD, EDUC, (LEOSE) 14,121.29 17.14 0,00 14,138.43
POC COMMUNITY CENTER 30,706,28 2,612,28 1,979,63 31,338,93
RECORDS MANAGEMENT-DISTRICT CLERK 4,189,66 5,09 0,00 4,194,75
RECORDS MANAGEMENT-COUNTY CLERK 96,947,85 5,214,65 2,97 102,159,53
RECORDS MGMT & PRESERVATION 41,666,19 468,19 0,00 42,134,38
ROAD & BRIDGE GENERAL 1,161,095,07 20,969,42 0,00 1,182,064.49
ROAD & BRIDGE PRECINCT #3 13,198,79 16,02 0,00 13,214,81
ROAD MAINTENANCE PRECINCT #4 626,98 0,76 0,00 627,74
SHERIFF FORFEITED PROPERTY 1,238,07 1.50 0,00 1,239,57
6MILE PIER/BOAT RAMP INSUR/MAINT 63,462,19 77.04 0,00 63,539,23
TEAM COMPATIBILITY FUND-HAVA 7,87,2,15 0,00 0,00 7,872,15
CAPITAL PROJ-COURTHOUSE RENOVATION 127,370,26 154,62 0,00 127,524,88
CAPITAL PROJ-NEW EMS BLDG 798,775.48 0,00 54,003,00 744,772.48
CAPITAL PROJ-NEW JAIL BLDG 0,00 0,00 0,00 0,00
CAPITAL PROJ-OLlV /PT ALTO FD BLDG 143,914,75 0,00 0,00 143,914,75
CAPITAL PROJ-PARKING LOT 80,543,81 0,00 0,00 80,543,81
CAP PROJ-PCT 2 - STORM REPAIRS 17,796,13 0,00 0,00 17,796.13
CAPITAL PROJ-RB INFRASTRUCTURE 708,427,99 0,00 176,678,06 531,749,93
CAPITAL PROJ-SWAN POINT PARK 5,096.40 0,00 0,00 5,096.40
CAPITAL PROJ-AIRPORT IMPROVEMENT II 50,148.32 0,00 0,00 50,148,32
CAPITAL PROJ-AIRPORT RUNWAY IMPROV 292,631.00 0,00 0,00 292,631,00
CAPITAL PROJ-EMER COMM SYS 78,442,96 0,00 0,00 78,442,96
CAPITAL PROJ-MOLD REMEDIATION 858,83 0,00 0,00 858,83
CAP PROJ-HATERIUS PRK BOAT RAMP-STRM REP 32,341.90 0,00 0,00 32,341.90
CAP PROJ-PORT ALTO PUBL BEACH-STORM REP 30,384,78 0,00 0,00 30,384,78
CAP PROJ- PORT O'CONNOR FIRE TRUCK 50,000,00 0,00 0,00 50,000,00
CAP PROJ- CO CLERK'S RECORDS 22,907,25 0,00 0,00 22,907,25
CAP PROJ-DISTRICT CLERK'S RECORDS 62,758,75 0,00 45,100,00 17,658,75
CAPITAL IMPROVEMENT PROJECTS 500,000,00 0,00 39,375,00 460,625,00
CAP PROJ- RHODES BUILDING 177,838,11 0,00 35,971.03 141,867,08
ARREST FEES 970,98 504,63 0,00 1,475,61
BAIL BOND FEES (HB 1940) 2,175,00 1,065,00 240,00 3,000,00
CONSOLIDATED COURT COSTS (NEW) 29,312,95 10,065,15 0,00 39,378,10
DRUG COURT PROGRAM FUND 823,95 297,60 0,00 I l21.55
SUBTOTALS $ 27833915.56 $ 438373.39 $ 2212714,51 $ 26059574.44
I
I
'"
Page 1 of3
,J
,~
---~,...~.
--
I
, ,
COUNTY TREASURER'S REPORT MONTH OF: SEPTEMBER 2009
BEGINNING ENDING
FUND FUND BALANCE RECEIPTS DISBURSEMENTS FUND BALANCE
OPERATING FUND - BALANCE FORWARD $ 27,833,915,56 $ 438,373.39 $ 2,212,714,51 $ 26,059,574.44
ELECTIONS CONTRACT SERVICE 18,527,78 22.49 0,00 18,550,27
FINES AND COURT COSTS HOLDING FUND 8,455,31 0,00 0,00 8,455,3 I
INDIGENT CIVIL LEGAL SERVICE FUND 299,00 121.00 2,00 418,00
JUDICIAL FUND (ST, COURT COSTS) 509,92 221.72 0,00 731.64
JUDICIAL SALARIES FUND 6,128,54 1,848,28 0,00 7,976,82
JUROR DONA TION- TX CRIME VICTIMS FUND 12,00 12,00 0,00 24,00
JUVENILE PROBATION RESTITUTION 1,103,84 103,72 0,00 1,207,56
LIBRARY GIFT AND MEMORIAL 41,138,33 99,94 0,00 41,238,27
MISCELLANEOUS CLEARING 1,123.31 6,087,70 1,830,08 5,380,93
REFUNDABLE DEPOSITS 2,000,00 0,00 0,00 2,000,00
STATE CNIL FEE FUND 4,734.40 1,003,20 0,00 5,737,60
JURY REIMBURSEMENT FEE 1,942,76 642.36 0,00 2,585,12
SUBTITLE C FUND 10,964,74 3,295,32 0,00 14,260,06
SUPP OF CRIM INDIGENT DEFENSE 1,149,50 377.57 0,00 1,527,07
TIME PAYMENTS 3,568,97 1,510,69 0,00 5,079,66
TRAFFIC LAW FAILURE TO APPEAR 2,177,84 1,205,50 0,00 3,383.34
UNCL~EDPROPERTY 2,572.84 3,12 0,00 2,575,96
BOOT CAMPIJJAEP 51,695,46 63,91 8,414,54 43,344,83
JUVENILE PROBATION 96 998,28 26498,75 28058,96 95438,07
SUB TOT ALS $ 28,089,018.38 $ 481,490,66 $ 2,251,020,09 $ 26,3 I 9,488,95
TAXES IN ESCROW 0,00 0,00
TOTAL OPERATING FUNDS $ 28.089,018.38 $ 481,490.66 $ 2251.020.09 $ 26.319,488.95
CONSTRUCTION (JAIL) 220,929,00 196,00 0,00 221,125,00
CONSTRUCTION (JAIL) SERIES 2003 - 1& S 146,213,06 2,831.63 0,00 149,044,69
CERT. OF OB-CRTHSE REN, I&S FUND SERIES 2004 39,040,06 875,90 300,00 39,615,96
CAL, CO, FEES & FINES 99760,44 89 804,83 88 320,13 101245,14
TOTAL OPER. & OTHER CO. FUNDS ~ 28495?00.50 'i: 575.199.02 $ 2.339.640.22 ~ 26.729.274.60
MEMORIAL MEDICAL CENTER:
OPERATING 1,985,663.16 $ 1,662,814,97 $ 1,740,524,26 $ 1,907,953,87
EMPLOYEES BENEFIT FUND 28,535,88 151,963,89 180,459,11 40,66
REFUND IMPREST ACCOUNT 5,008,35 4,12 0,00 5,012.4 7
INDIGENT HEAL THCARE 30,21 138221.40 137482,91 768,70
TOTALS $ 2,019,237,60 $ I 953,004.38 $ 2 058,466,28 $ 1,913,775,70
DRAINAGE DISTRICTS
NO,6 11,915,91 $ 15,14 $ 64,68 $ 11,866.37
NO, 8 78,857,45 121.88 77.75 78,901.58
NO,IO-MAINTENANCE 68,995,86 117,52 111.83 69,001.55
NO, II-MAINTENANCE/OPERATING 39,787,58 1,238,86 1,850,36 39,176,08
NO, ll-RESERVE 127 160,70 104,52 0,00 127265,22
TOTALS $ 326,717,50 $ 1,597,92 $ 2,1 04,62 $ 326,210,80
CALHOUN COUNTY WCID #1
OPERATING ACCOUNT 292529,03 64 1.46 17997,25 $ 275 173,24
CALHOUN COUNTY NAVIGATION DIST.
MAINTENANCE AND OPERATING 188172.84 $ 3 032,28 $ 7418,91 $ 183786,21
TOTAL MMC, DR. DIST., NA V. DIST & WCID $ 2 826 656.97 ~ 1 957 634.58 $ 2 067 989.81 ~ 2 698.945.95
TOTAL ALL FUNDS $ 29,428,220.55
Page 2 of3
j
COUNTY TREASURER'S REPORT MONTH OF: SEPTEMBER 2009
BANK RECONCILIATION
LESS: CERT.OF DEP/
FUND OUTSTNDG DEP/ PLUS: CHECKS BANK
FUND BALANCE OTHER ITEMS OUTSTANDING BALANCE
OPERATING * $ 26,319,488,95 $ 25,972,439,37 $ 578,991.78 $ 926,041.36
CONSTRUCTION (JAIL) ** 221,125,00 175,000,00 0,00 46,125,00
CONSTRUCTION (JAIL) SERIES 2003 - I & S 149,044,69 1,404,70 0,00 147,639,99
CERT, OF OB-CRTHSE REN, I&S FUND SERIES 2004 39,615,96 436,87 0,00 39,179,09
CAL, CO FEES & FINES 101,245.14 30,427.50 90,658,13 161,475,77
MEMORIAL MEDICAL CENTER:
OPERATING :I: 1,907,953,87 1,300,000,00 41,261.02 649,214,89
EMPLOYEES BENEFIT FUND 40,66 29,00 0,00 11.66
REFUND IMPREST ACCT 5,012.47 0,00 0,00 5,012.47
INDIGENT HEALTHCARE 768,70 137,408,68 180, 150.34 43,5 I 0,36
DRAINAGE DISTRICT:
NO,6 1l,866.37 0,00 0,00 1l,866.37
NO,8 78,901.58 0,00 0,00 78,901.58
NO, 10 MAINTENANCE 69,001.55 0,00 0,00 69,001.55
NO, II MAINTENANCE/OPERATING 39,176,08 532,99 0,00 38,643,09
NO, II RESERVE 127,265,22 0,00 0,00 127,265,22
CALHOUN CO, WCID # I
OPERATING ACCOUNT 275,173,24 0,00 0,00 275,173,24
CALHOUN CO, NAVIGATION DIST:
MAINTENANCE/OPERATING **** 183,786,21 0,00 0,00 183,786,21
TOTALS $ 29.529.465.69 $ 2.802 847.85
* CDs - OPERATING FUND $25,846,889.03
** CD - CONSTRUCTION (JAIL) $175,000,00
:t: CDs - MMC OPERATING FUND #700573619 - $900,000,00; #700574321 - $400,000,00
~ CD - 70005 73775 - CALHOUN COUNTY / DIANNA STANGER (AIRPORT)- $50,000.00
**** THE DEPOSITORY FOR CALHOUN CO. NAVIGATION DISTRICT IS FIRST NATIONAL BANK - PORT LA V ACA
THE DEPOSITORY FOR ALL OTHER COUNTY FUNDS IS INTERNATIONAL BANK OF COMMERCE - PORT LA V ACA
Page 3 of3
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CALHOUN COUNTY.t$q~~E~iiF.F.ICE.
5T A TEMEN;rIOFlSArANGES -4.
FUND NAME u';;;;;:;" H8C8IPfS lJ,mursemenrs ~...
,General ~~,~,~~, I,~U~,~"" ~,'~O,f<' ~ ~U,'UU,I~'
Airport Maintenance 36.454 3,135 3,777 35,812
Appellate Judicial System 1,078 425 1,501
Animal Control - CAWS 180 1 181
Chamber Tourism Canter 258 1 - 259
Coastal Protection Fund 27,997 105 28,101
County Child Welfare Board Fund 550 232 783
Courthouse Security 155,206 5,975 161,181
Donations 158,374 4,038 8,193 154,219
Family Protection Fund 2,815 146 2,960
Juvenile Delinquency Pmvenlion Fund 8,274 31 8,305
Grants 80,544 119,355 88,720 91,179
Hwy 87/FM 1090 283,900 1,061 284,961
Justice Court Technology 40,190 3,448 682 42,958
Justice Court Building Security Fund 7,373 809 8,182
Lateral Road P'ecinct 1 4,344 16 4,344 16
Lateral Road Prectnct 2 4,344 16 4,344 18
Lateral Road Precinct 3 4,344 16 4,344 16
Lateral Road Precinct 4 4,344 16 4,344 16
P'etrial Services Fund 51,098 1,758 52,856
Law Library 145,832 3,559 149,190
Law Enforcement Officers Standard Education (LEOSE) 14,335 53 250 14.138
Port O'Connor Community Center 32,198 5,243 8,102 31,339
Records Management - District Clerk 3,842 253 4,195
Records Management - County Clerk 90.498 13,641 1,979 102,160
Records Management & Preservation 40,070 2,064 42,134
Road & Bridge General 1,107,687 74,378 1,182,064
Road & Bridge Precinct 3 13,166 49 13,215
Road Maintenance Precinct 4 625 2 628
Sheriff Forfeited Property t,235 5 1,240
6 Mile Pier/Boat Ramp Insur/ Maintenance 63,303 238 63,539
Team Compatibility Fund - HAVA 6,154 1,846 128 7,872
Capital Projects - Courthouse Renovation 127,050 475 127,525
Capitel Projects - New EMS Building 934,060 189,288 744,772
Capitel Projects. New Jail Building 0 0
Capital Projects - Olivia/Port Alto Fim Dept New Building 144,690 775 143,915
Capital Projects - Parking Lot 80,544 80,544
Capital Projects - Pet, 2 - Storm Repairs 17,796 17,796
Capitel Projects - Road & Bridge Infrastruetum 997.192 465,442 531,750
Capital Projects - Swan Point Park 5,096 - 5,096
Capital Projects - Airport Improvement II 50,148 50,148
Capital Projects - Airport Runway Improvements 292,631 - - 292,631
Capital Projects - Emergency Communications System 137,552 - 59,109 76.443
Capital Projects - Mold Remediation 859 859
Capital Projects - Haterlus Park boat Ramp - Storm Repair 32,342 32,342
Capital Projects - Port Alto Public BeacI1 - Storm Repair 30,385 30,385
Capital Projects - Port O'Connor Fire Truck 50,000 50,000
Capital Projects - County Clerk's Records 22,907 22,907
Capital Projects - District Clerk's Records 62,759 45,100 17,659
Capitallmprovemenl Projects 500,000 39,375 460,625
Capital Projects - Rhodes Building 258,858 3 116,992 141,687
Elections Contract Service 18,461 69 18,550
Fines and Court Costs Holding Fund 8,455 - 6.455
Library Gift & Memorial 41,010 228 4t,238
Miscellaneous Clearing 72,239 31,025 97,883 5,381
Boot Camp/JJAEP 68,625 222 25,502 43,345
Juvenile Probation 145,156 41,444 91,162 95,438
Construction (Jail) 220,707 418 221,t25
Construction (Jail) Series 2003 - Interest & Sinking 1,117,836 16,603 985,584 149,045
Cart Of Ob-Courthouse Ren, I&S Fund Series 2004 252,775 5,151 218,310 39,616
Calhoun Co, Fees & Fines 118,674 302,865 320,293 101,244
Memorial Medical Canter - Operating 2.499,649 5,411,528 6,003,223 1,907,954
Memorial Medical Center - Employees Benefit Fund 13 445,123 445,096 41
Memorial Medical Canter - Refund Imprest Account 5,006 440 433 5,012
Memorial Medlcai Canter. Indigent Healthcam 27 445,379 444,638 769
etas ~',~uu, lj'
We the undersigned County Judge and Commissioners In and for Calhoun County, Texas hereby certify that we have made an examination
of the County Tmasure~s quarterly report, filed with us on this day and have found the same to be correct and in due order,
Mlchaei J, f'terter, l,;ounty Judge
Neil E. Fritsch, Commissioner Pet 3
Koger Galvan, COmmiSSioner Pet 1
Kenneth W, Finster, Commissioner PCl4
Vem Lyssy, Commission Pet 2
SWORN TO AND SUBSCRIBED BEFORE ME, County Judge. and County Commissioners of said Calhoun County
each respectively, on this _ day of , 2009,
BEFORE ME, the undersigned authority, on this day personally appeared Rhonda~okena,
Calhoun County says thet the within and foregoing mport is true and correct,
FILED FOR RECORD AND RECORDED THIS _ day of
,2009
Anita Fricke. County Clerk
,
~;,~.<
"-~-.-~.
..,/,
APPROVAL OF PAYROLL:
A Motion was made by Commissioner Fritsch and seconded by Commissioner Lyssy to approve
the payroll for October 2, 2009 in the amount of $232,232.59, October 16, 2009 in the amount of
$222,355.50 and for October 30, 2009 in the amount of $246,809.28. Commissioners Lyssy,
Fritsch, Finster and Judge Pfeifer all voted in favor.
CALHOUN COUNTY
PAYROLL 2009
MONTH / OCTOBER
Payroll dated 10-02-09
$ 232,232.59
Payroll dated 10-16-09
$ 222,355.50
Payroll dated 10-30-09
$ 246,809.28
I APPROVED TOTAL PAYROLL
$ 701,397.37
The items listed above have been pre-approved by all Department Heads and I certify that funds are
available to pay the obligations. I c~IJtify thp..t_ the abov' ue and correct to the best of my
knowledge this the ~ 140/ day of No oer ,2009.
.
A~CEP'"fED AND APPROVED THIS THE -'c9.W DAY OF
, DU~'" , 2009 IN THE CALHOUN COUNTY
COMMISSIONERS' COURT, PORT LA V ACA, TEXAS 77979.
~
I
ACCOUNTS ALLOWED - COUNTY:
Claims totaling $602,938.58 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 Lyssy, Fritsch, Finster and
Judge Pfeifer all voted in favor
ACCEPT A DONATION IN THE AMOUNT OF $2,000 FROM LEP CALENDARS TO THE
CALHOUN COUNTY SHERIFF'S OFFICE MOTIVATIONAL FUND:
A Motion was made by Commissioner Lyssy and seconded by Commissioner Fritsch to accept a
donation in the amount of $2,000 from LEP Calendars to the Calhoun County Sheriff's Office
Motivational Fund. Commissioners Lyssy, Fritsch, Finster and Judge Pfeifer all voted in favor
,
4
:.'
~ ... .~ ~ .
CALHOUN COUNTY, TEXAS
COUNTY SHERIFF'S OFFICE
211 SOUTH ANN STREET
PORT LA V ACA, TEXAS 77979
PHONE NUMBER (361) 553-4646
FAX NUMBER (361) 553-4668
MEMO TO: MIKE PFEIFER, COUNTY JUDGE
SUBJECT: Donation to the Calhoun County Sheriffs Motivation Fund
DATE: October 28, 2009
Please place the following item(s) on the Commissioner's Court agenda for the date(s)
indicated:
AGENDA FOR NOVEMBER 12, 2009
· Consider and take necessary action to accept a donation in the amount
of$ 2,000.00 from L E P Calendars to the Calhoun County Sheriffs
Office Motivation Fund.
'Sincerely,
1/6
ffJ- -
B.B. Browning
Calhoun County Sheriff
~\
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,
'~ ~'
L E P CALENDARS
_ ~ PH..828-7.73-2440 ,
2348 WEST ANDREW JOHNSON HWY #173 '. ~
MORRISTOWN. TN 37814 . . - ft rok'"
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=OF CJk.1U\ c,. ~i.({s {UhC:~li\t~
.Anbmu 3nJmson '11i>>mIt
GreenevlIle. Monlslown . Jonesborough
Johnson CIty
3781
87-286/642
.
DATE:<IC/~ 3((!)9
j; t
'fl...,,1 I $ ~~.~
~
DOLLARS
FOR
~ClO ~~(' ~ta~p.i.'S.
iliaD 31?B hi 1:0 b'" t!0 2B1;01:200 ~ B q 31 31111
<6~t:'-If~
~,
<<I S.cvrltJ'
I Fe.turn
........
Back.
/tIP
DECLARE SURPLUS INVENTORY #23-0198, A TOSHIBA COPIER, SERIAL
#SCEHSS0084 IN THE OFFICE OF COMMISSIONER PRECINCT #3 AS
SURPLUS/SALVAGE AND AUTHORIZE IT TO BE USED AS TRADE IN:
A Motion was made by Judge Pfeifer and seconded by Commissioner Lyssy to declare surplus
Inventory #23-0198, a Toshiba Copier, Serial #SCEH550084 in the Office of Commissioner
Precinct #3 as surplus/salvage and authorize it to be used as trade-in. Commissioners Lyssy,
Fritsch, Finster and Judge Pfeifer all voted in favor
NOV-04-2009~ 12:33PM FROM-
T-043 P,OOl/001 F-495
-
c
CALHOUN COUNTY COMMISSIONER, PRECINCf 3
24627 Stote Hwy. 172 - Olivia, Port Lavaca. Texas 77979 - Office (361) 893.5346 - Fax (361) 893.5309
Home (361) 552-3145 - Neil E. Fritsch, CommiAioner, Pet.' - Mobile (361) 920-5346
Emoll: ccprct3@laward.com
November 03, 2009
Judge M. Pfeifer
211 S. Ann
Port lavaca, TX 77979
RE: AGENDA ITEM FOR COMMISSIONERS' COURT ON NOVEMBER 12, 2009
Please add the following item to the captioned agenda:
"Consider and take necessary action to declare Inventory No. 23-0198, a Toshiba copier with
. Serial No. SCEH550084 as surplus/salvage and to be used as a trade in."
Respectfully,
Neil E. Fritsch
DECLARE CERTAIN ITEMS OF COUNTY PROPERTY IN THE FOLLOWING COUNTY
OFFICES AS SURPLUS/SALVAGE (SEE LISTS):
A Motion was made by Judge Pfeifer and seconded by Commissioner Fritsch to declare certain
items of County Property in the following County Offices as surplus/salvage (see attached list).
Commissioners Lyssy, Fritsch, Finster and Judge Pfeifer all voted in favor
!:<
~
Calhoun Constable Pct 2
Salvage equipment list for Calhoun County Auction
October 29,2009
The items listed below are items that have either been taken off of the fixed asset
inventory list and have been listed as salvage equipment or are not on any equipment list
that I have for my department. The equipment listed below is considered salvage and are
useless to this department. Some of the items were given to me by the previous
constable and he stated that they were not on any asset form. Please place the listed items
in the upcoming County auction in November. Thanks
Box 1
1. Motorola MTI000 handheld radio and charger.
2. Midland 2 way radio for car SIN 36967
3. Midland radio speaker
4. 2 blue round halogen lights grill
5. 1 red round halogen light grill
6. 2 pair of Square red and blue halogen lights grill
7. Miscellaneous wires
Box 2
1. Miscellaneous radio brackets
2. Misc wires
3. Radio holster
4. Motorola Speaker model HSN4031B
5. Cell phone hands free holder and misc wiring
Box 3
1.
2.
3.
4.
5.
6.
7.
8.
Misc radio holsters 4
Motorola radio charger HTN9000b
2 Vertex VX-I0 radios SIN 71130907 and 8C201419
CA15 Vertex radio charger
Whelen Siren controller model WS295HFS SIN P1648
Switch box Signal Division model SW3004*0l2
Cellular antenna model APDM 928.10
Crown Victoria side mirror Strobe lights and housings
2 blue strobes
1 Red strobe
1 clear strobe
9. Galls Strobe Power Supply model GR087 SIN 13939
10. Galls Strobe Power Supply model GR060 SIN 00691
11. Yaesu speaker mic MH34
'l
...~
Box 4
1. Federal Siren Speaker
2. 2 Antennas
3. Misc wires
4. 8 orange mesh type safety vest
BoxS
1. Mobile Vision video camera complete with switch box, viewing screen, and 2
microphone boxes.
2. Stainless steel cassette holder for mobile vision camera
Crown Victoria center console with federal signal siren controller (model P A300)
and switch box.
l>' t" {."
Items that need to be declared surplus salvage by
Calhoun County Criminal District Attorney's Office
October 27,2009
In addition to those items declared surplus salvage by the Commissioner's Court on April 23,
2009 the District Attorney's Office request that these additional items be declared surplus
salvage in time of the auction scheduled for November 14, 2009
4 head VCR Video Recorder
13 inch Phillips TV Video Player #32310416
13 inch Phillips TV Video Player #32307706
13 inch Sanyo TV #B1480262913893
HP Laser Jet Printer #CB412A
HP Laser Jet Printer #C8909A
Cannon Fax Machine #JLR45497
HP Desk Jet Printer #C8969A
HP Desk Jet Printer #C8932A
.. - t'~
Items that need to be declared surplus salvage by
Calhoun County Criminal District Attorney's Office
October 27,2009
In Addition to those items declared surplus salvage by the Commissioner's Court on April 23,
2009 the District Attorney's Office request that these additional items be declared surplus
salvage in time for the auction scheduled for November 14,2009.
15 inch Dell Monitor Model # E771 P
HP Deskjet Printer 990 Professional Series # C6455B
Calhoun County
Emergency Medical Services
216 E. Mahan Street
Port Lavaca, Texas 77979
361-552-1140 Office 361-553-4800 Fax
To: Commissioners Court
Reference: Surplus Salvage
From: Henry Barber
Date: October 26, 2009
Inter Office Note
Please surplus salvage the following equipment. I will place this
equipment in the chamber auction on November 14th.
Item
Kodak Slide Projector
Kodak Slide Projector
Kodak Slide Projector
Kodak Slide Projector
Kodak Slide Projector
Kodak Stack Loader
(26) Kodak Slide Trays
Sharp Slide Recorder
Sharp Dissolve System
Realistic Amp
3M Overhead Projector
Prima TV Monitor
Prima TV Monitor
Gateway Monitor
Serial Number
5118567
3763823
196433
5325211
5119724
EC40
21206430
890514894
1002009
726472
Model XT 1925
Model XT 1925
15017E036120
?
Dell Monitor MX04N7364 7605451 BKS9
Zenith TV A27A23W4
Kenwood TK 790 VHF 20600316
Kenwood TK790 VHP 50500065
Kenwood TK 790 VHF 41000183
Kenwood TK790 VHF 50800054
Kenwood TK790 VHF 31200594
Kenwood TK790 VHF 41000205
Kenwood TK790 VHF 31200015
Kenwood TK790 VHF 508002
Kenwood TK790 VHF 31200595
Kenwood TK 830 UHF 31200002
Kenwood TK 830 UHF 40100267
Kenwood TK 830 UHF 50400075
Kenwood TK 830 UHF 50400071
Kenwood TK 830 UHF 505000137
Computer AB Swithch --------------
Sony VCR SML V585HF
Sony VCR SML V585HF
Emergency Care Slide Series
Emergency Care and Transport Slide Series
Trauma Slide Series
Emergency Care Slide Series
(6) Grey Trauma Boxes
(5) Physio Control Quick Test Monitor 805550-01
RCA VCR 647642131
Samsung VCR 6VDT902317E
Realistic Scanner 650523
Grey Office Chair
Realistic Answering Machine
Panasonic VHF Camera
Gateway Computer Tower
Cannon Electric Typewriter
Omnicron Recorder
Omnicron Recorder
241652
D9WA12780
00018358885
D72050119
VLRl
VLRl
Omnicron Time Stamp TCC 14
Unisonic XL1149
Computer Surge Protector Isobar
Keyboard
Ceiling Fan
Electric Insect F ogger
Sony MVC FD73 Camera
Sony MV C-83 Camera
Pentax 35mm Camera
Communication Encoder
Jeta Inverter
Laerdal Compact Suction
Laerdal Compact Suction
Laerdal Compact Suction
Laerdal Compact Suction
AEE Remote Tone Adapter
Motorola Remote
K wikRaze Lght
KwikRaze Lght
KwikRaze Lght
K wikRaze Lght
K wikRaze Lght
Norcold Model 323
Dirt Devil Ultra Turbo
(5) Cast Aluminum Strobe Series Speakers
(3) Yellow Boundtree 02 Bags
Triump All purpose paper cutter
HP 2100 Laser Printer
t
Thank You
Henry Barber
958
1161689
314801
7402186
9645070126
2047
7856f302
239528
361025863
9307038
740CWU1655
15177
35451
20945
549000197
15178
039198CKBKA6
USGX031281
Remove from Inventory of Maintenance/ BUilding Department and declare as
Waste:
Carrier 27-Ton Roof Top Unit Inventory #300-0062 (Replaced in September 2002)
Carrier 30 Ton Roof Top Unit Inventory #300-0115 (Replaced in October 2009)
Thank you Charlie Crober
Calhoun County, Texas
SURPLUS/SALVAGE DECLARATION REQUEST FORM
Department Name: COW04 A~+or /Trea5LLrer
Requested BY:G.~.nd.(..( ntLLefk~~ and RJ)endC',- I-<~ kC'/f)c,,--
Reason for Surplus/Salvage
Declaration
.11
'.
~
, ~~
Calhoun County, Texas
SURPLUS/SALVAGE DECLARATION REQUEST FORM
Department Name: {!U5A:f. p &m- C/bc4 f
Requested By: ~rJ /Jz.(J'14
Inventory
Number
Serial No.
Reason for Surplus/Salvage
Declaration
Calhoun County, Texas
SURPLUS/SALVAGE DECLARATION REQUEST FORM
Department Name: 11 Q-Extension
Requested By: Bethany I. Bowman, CEA-FCS
Reason for Surplus/Salvage
Declaration
N/A
White Particle Board Desk-3pes
N/A
Surplus
..;
...
Calhoun County, Texas
SURPLUS/SALVAGE DECLARATION REQUEST FORM
Department Name: J.pi:l:-3 '. f)
- \ (' lu, n()~",--
Requested By: ",,2)\,k1~~ \:I-CLr~ '
Inventory
Number
Description
Serial No.
Reason for Surplus/Salvage
Declaration
W ~"l-r~ () \.5
.",~.
Calhoun County, Texas
SURPLUS/SALVAGE DECLARATION REQUEST FORM
.'
Department Name: C~/~~ (~J; fJcj#d-.
Requested By: !/erA/ ~Y57y
Reason for Surplus/Salvage
Declaration
- 300
...
~
Calhoun County, Texas
SURPLUS/SALVAGE DECLARATION REQUEST FORM
Department Name: (/II //cP~ c~ iy A. f~
Requested By: !/e. / /V Ly'.s.y
Inventory
Number
Serial No.
Reason for Surplus/Salvage
Declaration
11/10/2009 04:00 3515535554 AMANDA GUILLEN peT 2
'" 111OW2OO9 1f1:52 tanaun COIIIlY TreBnrIAUGltOt' '~:D.iIIRJI"
PAGE 01/01
roW I'Wt
Six. M~ lb\L-L,,"*QSL\ ~\A9.--- ~~
, Calhoun Couraty. TUM
8UI\PLU8I8ALVAGE DECLARATION REQUEST I=ORM,
Department NMN:
~....t4MI By:
ftuaon for SurpluelS.1vqe
Declaration
\. ---.~~".~ -~,..
Calhoun County, Texas
SURPLUS/SALVAGE DECLARATION REQUEST FORM
Department Name: --:S-A
Requested By:
Reason for Surplus/Salvage
Declaration
-fi
Calhoun County, Texas
SURPLUS/SALVAGE DECLARATION REQUEST FORM
Department Name: Precinct 4 & Fire Departments
Requested By: April May/Commissioner Finster
Reason for Surplus/Salvage
Declaration
~~~
#11'
Porta mole component of
item with an acquisition
value of $3,220
24-0329 Hot Pressure Washer T0102-10382 Send to auction' Comment [e2]: Have picture
24-0318 Wisconsin Engine M3750035 Send to ,auction Comment [c3]: Have picture
24-0319 Wisconsin Engine GS-4DPR-0077-45 Send to auction' Comment [04]: Have picture
24-0335 1987 GMC Distributor GDM7DIY8HV501902 Send to auction Comment [cS]: Have picture
24-0348 1988 Gradal 8731229 Send to auction Comment [c6]: Have picture
24-0295 1999 Chev. S-10 IGCCSl447XK179548 Send to ~uction' Comment [e7]: Have picture
24-0250 Ford F250 IGCFC24RSV2181945 Send toauctioni Comment [c8]: Salvaged in 2007 - No picture
Salvaged 3/22/2007
24-0326 1998 Chev CIS00 2GECK19R6W1269477 Send to ~uction Comment [c:9]: Have picture
Not on inventory Small Compactor Send to auction' Comment [c10]: No picture
Not on inventory Bush Hog Blade 12-00942 Send to ~uction Comment [c1l]: No picture
24-0097 Chain Saw 95180H02660 Send to auction Comment [el2]: No picture
(Surplused 3/2009)
Not on inventory Chain Saw 96338H6001363 Send to auction . Comment [c13]: No picture
Not on inventory Bench Grinder 232122 Send to auction: Comment [c14]: No picture
Not on inventory Briggs Straton 5HP Send to ~uction: [ Comment [c1S]: No picture
2" Homelite Pump
546-0001 Chevrolet Water Truck IGLB7DB7FV218842 Send to auction Comment [c16]: No picture
Not on inventory Gradal Excavator 0136261 Send to auction Comment [c17]: No picture
Salvaged 9/13/2007
24-0261 Ford F250 3FTHF25H3VMA51217 Send to auction Comment [elS]: No picture
24-0311 Backhoe Bucket Send to auction Comment [e19]: No picture
24-0283 Ford 1=250 IFTNW20LXXEC63099 Send to auction' Comment [e20]: No picture
Salvaged 3/22/2007
24-0146 105 GAL TANK (USED IN BED Send to 'auction: [ Comment [e21]: No picture
OF TRUCK)
(Surplused 3/2009)
547-0001 1978 C60 CHEV. TRUCK CCE668V113003 Send to auction { Comment [e22]: No picture
(Surplused 9/2009)
24-0168 Backhoe Bucket Send to ;auction' , Comment [e23]: Have picture
24-0188 Gasboy Fuel Pump Send to auction Comment [c24]: No picture
(5urplused 3/2009)
24-0157 Transmission Jack Send to auction ( Comment [e25]: have picture
,1 '- '".r-f
24-0341
Not on inventory
Not on inventory
24-0356
Not on inventory
Not on inventory
546-0060
24~0232
Not on inventory
Not on inventory
24-0215
Reason for Surplus/Salvage
Declaration
Grapple
8" Wheel Grinder
Trail Boss Headache Rack
Titan Mosquito Unit
Rhino FL 15
Mosquito Unit
1983 Ford Van
Ericsson GE Mobile VHF
Radio
(Surplused 5!2009)
Motorola Radio
Motorola Radio
Gasboy 72 Pump
004626
Send to ~uction
Send toauctioni
Send to auction,
Send to auction;
Send to auction
Send to auction
Send to auction
Send to !=Iuction;
10025 - 504
10016 - 404
9430427
436HMJ0890
483HKY0550
8002928
Send to auction'
Send to auction
Send to auction
Comment [c26]: Have picture
Comment [c27]: No picture
Comment [c28]: No picture
, Comment [c29]: Have picture
Comment [c30]: No picture
Comment [c31]: No pictlJre
Comment [c32]: No picture
Comment [c33]: No picture
Comment [c34]: No picture
Comment [c35]: No picture
TRANSFER CERTAIN ITEMS OF COUNTY PROPERTY IN SHERIFF'S DEPARTMENT TO
CALHOUN COUNTY PRECINCT #2 INVENTORY:
A Motion was made by Commissioner Finster and seconded by Commissioner Lyssy to transfer
certain items of County Property in Sheriff's Department to Calhoun County Precinct #2
Inventory. Commissioners Lyssy, Fritsch, Finster and Judge Pfeifer all voted in favor
---
,.. 1.1109/2009 MON 11:54 FAX 3615534668 CCSO
1dI0 0 1/ 0 0 1
,..,---. ,--.,..-~~-_..,._-~-'.-- -CaIh-ou-n-c~(iunty; ~iexas ---'-'- -,-.--,,---..--,---,,----- -...-..."-'-.,...-...--..--...-..,------..---..~----~-,-"
DEPARTMENTAL INVENTORY TRANSFER REQUEST FORM
2000 Podge Picku
2001 Ford Pickup
IB7GL22N9YS51722
IFTNX20LxlEC01996
'I
I
REMOVE FROM THE INVENTORY OF THE OFFICE OF THE TREASURER AND DONATE TO
THE CRIME STOPPERS DIVISION UNDER THE DIRECTION OF RENETTE TODD IN
ACCORDANCE WITH LOCAL GOVERNMENT CODE 263.152 (a) (4) (b) THE FOLLOWING
ITEM OF COUNTY PROPERTY:
A Motion was made by Judge Pfeifer and seconded by Commissioner Lyssy to remove (1) one
Brother Fax - 4100 SN #U60298K4J137800 and related supplies from the Inventory of the Office
of the Treasurer and donate to the Crime Stoppers Division under the direction of Renette Todd
in accordance with local Government Code 263.152 (a) (4) (b). Commissioners Lyssy, Fritsch,
Finster and Judge Pfeifer all voted in favor
- \ --
.J
~-~
Susan Riley
3~
From:
Sent:
To:
Subject:
Attachments:
Importance:
rhonda kokena [rhonda,kokena@calhouncotx,org]
Tuesday, November 03,20092:10 PM
susan riley; renette todd
AGENDA 11-12-09
FAX MACHINE SURPLUS FORM,pdf
High
PLEASE ADD THE FOLLOWING TWO ITEMS:
1)
TO APPROVE AND ACCEPT THE COUN1Y TREASURER'S OFFICE TO DECLARE THE
FOLLOWING AS SURPLUS: BROTHER FAX-4100 bearing serial number #U60298K4J1378oo and
related supplies. (see form attached)
2)
TO APPROVE THE DONATION OF A BROTHER FAX-4100 plus all related supplies FROM THE
COUNTY TREASURER TO THE CALHOUN COUN1Y CRIME STOPPERS DIVISION UNDER THE
DIRECTION OF RENETTE TODD IN ACCORDANCE WITH LOCAL GOVERNMENT CODE
263.152(a)(4)(B).
and as always.... fix the wording for me.
RHONDA S. KOKENA
CALHOUN COUNTY TREASURER
201 W. AUSTIN ST.
PORT LA VACA, 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
..
Calhoun County, Texas
SURPLUS/SALVAGE DECLARATION REQUEST FORM
Department Name: COUNTY TREASURER
Requested By: RHONDA S. KOKENA
Reason for Surplus/Salvage
DeclarCition
BROTHER FAX 4100
& RELATED SUPPLIES
U60298K4J137800
SURPLUS
BUDGET ADJUSTMENTS:
A Motion was made by Commissioner Fritsch and seconded by Commissioner Lyssy that the
following Budget Adjustments be approved. Commissioners Lyssy, Fritsch, Finster and Judge
Pfeifer all voted in favor.
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GENERAL DISCUSSION:
Dr. George William spoke to the Court regarding the issues going on at Memorial Medical Center,
also Russell Cain spoke on this subject.
Commissioner Fritsch spoke on dirt work being done on Hwy 87 he stated he's had a lot of calls
on this matter.
EXECUTIVE SESSION:
The Court, being in open session, in compliance with the pertinent provisions of the Vernon's
Texas Code Annotated, Government Code, Section 551, Subchapter D, the County Judge as
presiding officer, publicly announced at 10:40 a.m. that a closed session would now be held
under the provision of Section 551.071; to seek the advice of its attorney about pending or
contemplated litigation or on a matter in which the duty of the attorney to the governmental
body under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas clearly
conflicts with the Texas Open Meetings Act; The matter to be discussed 'is the Calhoun County
Airport.
The County Judge further publicly announced that before any final action, decision or vote is
made regarding the subject matter of said closed session; this meeting would be reopened to the
public.
The Court then went into closed session. At the end of the closed session, the meeting was
reopened to the public at 11:39 p.m.
A Motion was made by Commissioner Lyssy and seconded by Commissioner Finster that the
Court recognizes that this is a Public Airport and recommends and accepts that any mechanic
working at the Airport on Public Premises not leased to the Airport Manager will have 100/300
General Liability Insurance and it required & requested that the owners of aircraft will indemnify
County and Airport Manager for any activities performed by their Mechanic that they have hired
to work on their individual aircraft on the premises not leased to the Airport Manager.
Commissioners Lyssy, Fritsch, Finster and Judge Pfeifer all voted in favor.
Court was adjourned at 11:45 am