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2008-10-24 Regular October Term Held October 24, 2008 THE STATE OF TEXAS COUNTY OF CALHOUN ~ ~ ~ BE IT REMEMBERED, that on this 24th day of October, A.D., 2008 there was begun and holden in the Commissioners' Courtroom in the County Courthouse in the City of Port Lavaca, said County and State, at 10:00 A.M., a Regular Term of the Commissioners' Court within said County and State, and there were present on this date the following members of the Court, to-wit: Michael J. Pfeifer Roger C. Galvan Vern Lyssy Neil E. Fritsch Kenneth W. Finster Wendy Marvin County Judge Commissioner, Precinct 1 Commissioner, Precinct 2 Commissioner, Precinct 3 Commissioner, Precinct 4 Deputy County Clerk Thereupon the following proceedings were had: Commissioner Galvan gave the Invocation and Commissioner Finster led the Pledge to the USA Flag and Commissioner Fritsch led the Pledge to the Texas Flag. BIDS FOR THE BASE OPERATOR AND AIRPORT MANAGER AGREEMENT FOR A THREE YEAR TERM BEGINNING NOVEMBER 1, 2008 AND AUTHORIZE COUNTY JUDGE TO SIGN THE CONTRACT: A Motion was made by Commissioner Fritsch and seconded by Commissioner Finster to award the bid for the Base Operator and Airport Manager Agreement for a three year term beginning November 1, 2008 to Diana Stanger with Calhoun Air Center, LLC and authorize Judge Pfeifer to sign the contract. Commissioners Galvan, Lyssy, Fritsch, Finster and Judge Pfeifer all voted in favor. "x: ", ~ YCAlIDIN COUNIY. lEXAS Bm SIIOM IBASE IRIIATOR AND AllPORT MANAGER AGREErtDT , INVITATION TO HI BIllER IANNA SRANGER DliSllIlB..- LN PORI LAVACA IX 11m . REM IBASE IRIIATOR AND AlRRT I PBIDI: MANAGER AGREEMENT . 3 YEAR TERM BEGINNING NOVEMBER 1, 2008 YOU ARE INVITED TO SUBMIT A BID ON THE ABOVE ITEM TO: HONORABLE MICHAEL J PFEIFER, COUNTY JUDGE, 211 S ANN ST, TH/RD FLOOR, ROOM 301, PORT LAVACA TX 77979 BIDS SHOULD BE SUBMITTED IN A SEALED ENVELOPE PLAINLY MARKED: SEALED B/o-I BASE OPERATOR AND AIRPORT MANAGER I AGREEMENT BIDS ARE DUE AND WILL BE PUBUCL Y OPENED IN THE COUNTY JUDGE'S OFFICE AT: 10:00 A~ THURSDAY, OCTOBER 16, 2008 BIDS WILL BE CONSIDERED FOR AWARD AT THE COMMISSIONERS' COURT MEETING ON: THURSDAY, OCTOBER 23, 2008 BIDS RECEIVED AFTER THE OPENING TIME WILL BE RETURNED UNOPENED TO BIDDER. THE 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 THE COUNTY. THE COUNTY OF CALHOUN, TEXAS IS AN EaUAL 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. CALHOUN COUNTY ACCEPTS NO FINANCIAL RESPONSIBILITY FOR ANY COSTS INCURRED BY ANY PROPOSER/BIDDER IN THE COURSE OF RESPONDING TO THESE SPECIFICATIONS. THE SUCCESSFUL BIDDER MUST PROVIDE CALHOUN COUNTY WITH A CERTIFICATE OF INSURANCE (NAMING CALHOUN COUNTY AS AN ADDITIONAL INSURED) FOR ALL INSURANCE REQUIREMENTS STATED IN THE SPECIFICATIONS. BID ITEM: BASE OPERATOR AND AIRPORT MANAGER AGREEMENT ------------------------------~---------------- SPECIFICATIONS: BASE OPERATOR AND AIRPORT MANAGER AGREEMENT See attached Base Operator and Airport Manager Agreement See attached General Conditions of Submitting Sealed Bids to Calhoun County, Texas Airt10rt Rental Per Month:. $ 1,000.00 The undersigned affirms that they are duly authorized to execute this contract, that this company, corporation, firm, partnership or individual has not prepared this proposal in collusion with any other Proposer or Bidder, and that the contents of this proposal or bid as to prices, terms or conditions of said proposal/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 proposal. ;fllM~ B-I-r--- AU1BIlIIIIlNATDRE JlIlf: Manager PUn' NArtE Calhoun Air Center. LLC DAlE 1111: 10/15/08 PlWf UIT MY ~ TO. ABOVE IPElHAlIINS: ~..u: 361893-5115 Monday,~ember08,2008 BmIB Dianna Stanger Calhoun Air Center, LLC I ~ '........ 'f-i . ...~ .,.. ~..... REQUIRED INFORMATION FORM (This Form MUST be returned with Invitation To Bid Form) Services Provided Hanger Rental $100 - $300/mo based on size* rate Tar Mac Rental $ 80/mo for extended stav* rate Number of Aircraft that can be Hangared 2-10 based on occupancy Fuel Type & Percentage of Mark Up 20% or more based on expense* Mechanic $ 75/m for single and multi* rate complex aircraft additional $ 40 - 175/hour based on type rate of instruction* $ 0 may be adju~ted at future date* Flight Instructor Landing Fee Rental Car Availability y YIN Additional Services Availability of Airport Courtesy Car for use by aircraft for use in obtaining services in Calhoun County. No less than one public event per year. Extensive, over time, renovation of interior of FBO Building. Fuel Truck Aircraft Tug Transient hangar space. Ground Power Unit for Aircraft Catering *all rates may be adjusted as necessary based on costs. CALHOUN COUNTY, TEXAS BID SHEET M IBASE OPERATOR AND AIRPORT MANAGER AGREEMENT I INVITATION TO BID BIDDER STEVE ORR 617 BROCTON DR VICTORIA TX 77904 BID OEM BASE OPERATOR AND AIRPORT PERIID: MANAGER AGREEMENT 3 YEAR TERM BEGINNING NOVEMBER 1, 2008 YOU ARE INVITED TO SUBMIT A BID ON THE ABOVE ITEM TO: HONORABLE MICHAEL J PFEIFER, COUNTY JUDGE,211 S ANN ST, THIRD FLOOR, ROOM 301, PORT LAVACA TX 77979 BIDS SHOULD BE SUBMITTED IN A SEALED ENVELOPE PLAINLY MARKED: SEALED BID-I BASE OPERATOR AND AIRPORT MANAGER I AGREEMENT BIDS ARE DUE AND WILL BE PUBLICLY OPENED IN THE COUNTY JUDGE'S OFFICE AT: 10:00 AM, THURSDAY, OCTOBER 16,2008 BIDS WILL BE CONSIDERED FOR AWARD AT THE COMMISSIONERS' COURT MEETING ON: THURSDAY, OCTOBER 23,2008 BIDS RECEIVED AFTER THE OPENING TIME WILL BE RETURNED UNOPENED TO BIDDER. THE 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 THE COUNTY. THE COUNTY OF CALHOUN, TEXAS IS AN EQUAL EMPLOYMENT OPPORTUNITY EMPLOYER. THE COUNTY DOES NOT DISCRIMINATE ON THE BASIS OFRACE, COLOR, NATIONAL ORIGIN, SEX, RELIGION, AGE OR HANDICAPPED STATUS IN EMPLOYMENT OR THE PROVISION OF SERVICES. CALHOUN COUNTY ACCEPTS NO FINANCIAL RESPONSIBILITY FOR ANY COSTS INCURRED BY ANY PROPOSER/BIDDER IN THE COURSE OF RESPONDING TO THESE SPECIFICATIONS. THE SUCCESSFUL BIDDER MUST PROVIDE CALHOUN COUNTY WITH A CERTIFICATE OF INSURANCE (NAMING CALHOUN COUNTY AS AN ADDITIONAL INSURED) FOR ALL INSURANCE REQUIREMENTS STATED IN THE SPECIFICATIONS. BID ITEM: BASE OPERATOR AND AIRPORT MANAGER AGREEMENT .....-------------------------_________________IIIIiIIII___ SPECIFICATIONS: BASE OPERATOR AND AIRPORT MANAGERAGREEMENT See attached Base Operator and Airport Manager Agreement See attached General Conditions of Submitting Sealed Bids to Calhoun County, Texas Airvort Rental Per Month: $ ) DO The undersigned affirms that they are duly authorized to execute this contract, that this company, corporation, firm, partnership or individual has not prepared this proposal in collusion with any other Proposer or Bidder, and that the contents of this proposal or bid as to prices, terms or conditions of said proposal/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 OffiC~ial op ng of this proposal. AUTHORlZm SIGNATUREJITLE: _ PRINT NAME: Sf i: v~ ..... ',0 (l."'-- DATE OF BIJ: t:t - 2 9. 03 PLEASE lIST ANY EXCEPTIONS TO THE ABOVE SPECIflCA TIJNS: TElfPHONE NUMBER: Jb" 5 / (" , J ~ 9 If' n O't. 1').-'.".-- I Ct.UDt,O L,.'.J>'1 o1Z- ;von A912.&t;-""Un1 r j)9~~.;t~c..~1'7" ,'1,;.....1' f) ~ c (. \ .S'~t:-D ,#> S' "rfO" . Thursday, September 25, 2008 BIDDER STEVE DRR REQUIRED INFORMATION FORM (This Form MUST be returned with Invitation To Bid Form) Services Provided Hanger Rental 11./0 $ 'Z."t:.> 't. S)'"'yL'v )" IN ) v.... rate Tar Mac Rental $ 90 rate Fuel Type & Percentage of Mark Up ~ ,r.PAC.. ~ LL ~ J&'7";>' z S <:> )., Number of Aircraft that can be Hangared I {)O . Mechanic $ /ft?~d. "!b~ .. Flight Instructor $ Landing Fee $ {lIoN';- Rental Car Availability ~'O$.s.b 1.7 v <1 {.,)~ N~""I-I>J'/ rate , , rate YIN Additional Services SPECIFICATIONS FOR BASE OPERATOR AND AIRPORT MANAGER AGREEMENT (3 YEAR TERM) Provide all maintenance on the airport hanger and surrounding 1.917 acres. '\ VJ~lL N~ </lr..l-{)(:; Iv" mOvJ''''''' Y The Base OperatorlManager shall: ;C ('101. ~ !"l) 2. X. /,/0 3. 'It (110 4. -J ,vo 5, Provide utilities of electricity, water, telephone and sewer for the airoort l)enger, . . S t: '1.1\ r--I> '" f"c ~ r$--t.. t.. runway lIghtmg and beacons. IV 0 t.: '^, \. , Supervise the daily operations of the airport and furnish good, prompt and efficient airport services to the public, and the services will be fair, equal and not discriminatory to all users. TO V ~ J LI t: Promote and develop the use of the airport. ~ ~T") t;-L/> '- .,0 Provide space for County vehicles and equipment (not in the hangers) for use during weather emergencies. 6. Provide radio service as required by the Federal Communications Commission, Texas Aeronautics Commission and the Federal Aviation Commission including the Unicorn radio system, )( rI i:> 7. ;t (V..) 8. 9. 10. ,) 7 IV 11. 12. ~ f'1'-;> 13. IV\) 14. ~ 15. )(" N:;> 16. 7< N ~ 17. 18. 19. Properly maintain all facilities at the airport, vrrJut- ., l) ;) Cooperate with Calhoun County and the Federal Aviation Administration and the Texas Aeronautics Commission as needed. 1" .:) ~~ V p.."j' v c- Mow around hangers and where the County tractor shredders cannot reach. Properly maintain all fixed assets of the airport, like the A frame hoist and the air compressor and the other items listed in the fixed asset inventory list provided by Calhoun County. Net.!) ";0 sc- C l I~~ Properly maintain and be responsible for all tools, equipment and personal property owned by the Operator/Manager. Provide and maintain a clean waiting room and restroom facilities, .) , Ie _J I "TO) vAy (j(; Provide flight instruction. W hp" ) " cr L. (""l ^ n g.p~' '\ ~ ,., OJ.- ('J>/'f.,,- w;-...e~ )':.,"" Provide aircraft mechanic services. 7'7) Sell regular and jet aviation fuel available on the 24-hour basis every day of the year. jJ ~ ...J M- t.A c.- ~ Provide airplane storage facilities. Provide access and facilitate car rental. JJ "'"" rY1 t;} ~ "1 ? Not discriminate against any person based upon their race, sex, age or religion. Shall have exclusive rights to services provided at the airport such as airplane mechanics, providing fuel, flight instruction, flight services or other services to be provided at the airport except for personal services provided to a specific aircraft. 1 20. Provide insurance for bodily injury and property damage in the amount of $1 million for each occurrence and mobile equipment in the amount of $1 million for each occurrence. 21. Provide completed operations and products liability coverage in the amount of $500,000.00 for each occurrence and the aggregate, covering aircraft repairs and services, bodily injury limited to $100,000.00 per person. 22. Provide hanger keepers legal liability coverage in the amount of $250,000.00 for any one aircraft and $500,000.00 for anyone loss. 23. Provide that all insurance coverage's name Calhoun County as an additional insured or loss payee as required. 24. Require each tenant who stores an airplane in the Airport Hanger to provide proof of liability insurance in the amount of $500,000.00 and to maintain proof of this insurance on file at the airport. 25, Provide a certificate of insurance for general liability ($1 million /$2 million), workers compensation as required by law and auto insurance ($100,000/$100,000/$300,000). 26. Comply with all rules and regulations of the Federal Aviation Administration and Texas Aeronautics Commission. 27. To provide for signage with the approval of Calhoun County for all activities and services provided at the airport. 28. Provide a bond in the amount of $50,000.00 to ensure the performance of all the duties required of the base operator and airport manager for a period of one year. ! . 29. To pay rent to Calhoun County in the amount of $ , 0 0 per month. Calhoun County shall: 1. Mow the airport in all areas that can be safely reached by tractor shredder, and bail hay on the property if that is appropriate. 2. Provide maintenance at its discretion and as reasonable and necessary and as available for reimbursement under the RAMP grant for the repair and maintenance of the hanger, radios, runways, access ramps, taxi ways, aprons, or other airport facilities. 3. Provide maintenance to the runway lights and the 2 tanks and 2 pump aviation fuel system for regular and jet fuel. 4. Provide the lessee a fixed asset list as maintained by the County Auditor. 5. Provide maintenance to the public parking area and garbage pickup. 2 4i- ~ :;< rJ D ?< ,...Iv 'f. N"O ",/Vt:> ADDiTIONAL SPECIFlCA nONS TO AIR PORT BASE OPERATORJAlRPORT MANAGER AGREEMENT, ADDED BY COMMISSIONER'S COURT DURING mEIR MEETING ON AUGUST 28, 2008 1, Build additional hangers if needed. (\ "'" ___ - ,... y'l C:s'. C .J cO," 1 . , , ~ 2. All disputes are to be settled by Commissioner's Court. 1)0 l H~'" J1 t:i. p D ,.s ,..., -( C-1f ~r" ~.1> ~).., J'.-.:;:> ao=' A a:. / 3. Calhoun County, is to be ind~fied by the base operator! airport manager. IV 0; I P c f)'" $'~,,;) ~ ., e.-o v.... /1 4. The term of the agreement is for 3 years with the option to fe-new with re-negotiated terms for an additional 3 years. .5 + -5;" 5. The Field Base Agreement is to cover the 1.97 acres around the main airport hanger and not f tv () the rest of the airport. 6. The new agreement between the base Operator and the County is to begin November 1,2008. 7. Calhoun County requires that the base operator iQ their bid to Calhoun County for this agreement state in writing their proposed rates or rents, as follows: a Hanger rental b. Number of ait craft to be hangered c. Mechanic rate d. Instructor rate e. Landing fee f. Rental car availability g. 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Cll "0 ctl E Cll ......c 0; "0 ....: 'w :2 Cll - .0 ~"5 -g ~ 0 ~CJ)~ Cll 0 Cll..c+=- c-ctl oc- zag (/) Cll >- o o o o o Cll .0 0.8~ ; ~ 0 Cll g- 0 .... 0 .... O)_.E ctl _ olli~ C E U "OCllctl o:!:Q.. Cll C . ..c (/)- ..... - Cll 0 .0 E :J C "0 Cll "0 Cii 's; o e E a. ~ .0 'w (/) o Q.. Cll C o z :;:::; - ctl Cll Z 0) ~~~ :2Ll) 0> :;:::; - ctl Cll Z 0) t > ctl~<( :2Ll) 0> ~ 06~ ...IN ...J' 0<( 01- ~w ...., .?: '0 ~ ro o o 0> ~ ~C 0)'- C 3= (j)1- 00 "<to ...-N ~~ o o c:i o ...- ~ "<t o 0> 01::: Cx .....81- Oectl Cll co .;:: > .8 ~ ~ >'~ CJ)co ::, " FIXED BASE OPERATION LEASE AGREEMENT THE STATE OF TEXAS COUNTY OF CALHOUN THIS LEASE AGREEMENT made and entered into on this 1st day of November, 2008, by and between CALHOUN COUNTY, TEXAS, a body politic, hereinafter referred to as LESSOR, and Dianna Stanger, Calhoun Air Center, L.L.c. of Calhoun County, Texas, hereinafter referred to as LESSEE. WITNESSETH: ARTICLE I Lessor does hereby lease and rent unto Lessee, and Lessee does hereby lease and rent from Lessor, for the period of time hereinafter stated and in accordance with the terms, covenants, conditions and provisions hereinafter contained, the following described property located in Calhoun County, Texas, towit: (1) The following described real property: Tract 1: All that certain tract of parcel of land containing 1.917 acres out of Lot 30 of the Phillips Investment Company Subdivision ofthe Valentine Garcia Survey, A-17, Calhoun County, Texas, and being shown on the plat marked Exhibit "A" attached hereto, together with the following improvements located thereon: _ (a) Two (2) tanks and (2) pumps for regular aviation fuel together with the fuel pits and hoses and any other equipment incidental thereto, (b) The airport Hanger Tract 2: All that certain tract or parcel ofland containing 0.588 of an acre out of Lot 30 of the Phillips Investment Company Subdivision ofthe Valentine Garcia Survey, A-17, Calhoun County, Texas. SUBJECT, HOWEVER, TO THE FOLLOWING: 1. Regarding the automobile parking area on the above described Tract, Lessee and Lessee's employees, agents, and customers shall have the full right to use said parking area in common with others, itheing understood that Lessor reserves the right for its officers, agents and employees and the general public to also park automobiles on said parking area. Page 1 of9 2. Regarding the waiting room and restroom facilities in the aforesaid airport hanger, Lessee and Lessee's employees, agents and customers shall have the full right to use said waiting room and restrooms in common with others, it being understood that Lessor reserves the right for its officers, agents and employees and the general public to also have the use of said waiting room and restrooms. 3. Lessor reserves the right to inspect the leased premises and property at any time. ARTICLE II The term of this lease shall be for a period of 3 years, commencing on the first day of November, 2008, and continuing through the 1 st day of November 20011 with the option to renew for an additional 3 year term upon further negotiated terms. ARTICLE III The rental for said leased property shall be the sum of $1 ,000.00 per month, the first payment of which shall be due and payable on or before the first day of November, 2008 and a like payment due the first day of each month thereafter until the lease expires, ARTICLE IV Lessee shall use the leased property for the purposes hereinafter set out, towit: 1. Lessee obligates himself to furnish at the leased premises the following services, towit: a. Flight instruction program available by appointment sufficient for obtaining private pilot license. b. Aircraft mechanic available by appointment, capable of performing FAA approved inspections and overhauls on airplanes and helicopters. c. The Lessee shall compile a list of airplane rental services in the area and post same in the airport waiting room. In the event there are rental planes at the airport, all rentals shall be limited to those individuals who, in the sole judgment of Lessee, are responsible and/or qualified to operate said aircraft. d. Air taxi service available by appointment. e. Sale of regular and jet aviation fuel on a 24 hour a day basis with the use of the automated fuel system. f. Sale of aviation oil and lubricants. Page 2 of9 g, Storage of airplanes in said hanger and/or the rental of space therein to others for the storage of airplanes. 2. Lessee shall have the right to furnish at the leased premises the following services, towit: a. Sale of aircraft and accessories or supplies b, Painting and maintenance of aircraft. c. Aerial photography, survey and pipeline patrol d. Car rental e. Aircraft storage and hanger services f. Any other service normally associated with aircraft operations g. Fuel truck h. Aircraft tug 1. Transient hanger space J. Ground power unit for aircraft k. Catering services 1. Signage for the airport subject to approval of Calhoun County Commissioner's Court ARTICLE V For all services, Lessee's operation shall be open and services available seven (7) days a week for at least nine (9) hours per day (8:00 o'clock A.M. to 5:00 o'clock P.M.) ARTICLE VI Regarding the furnishing of the services enumerated in Article IV above; it is agreed and understood as follows: 1. Lessee shall furnish good, prompt and efficient service to the public. Page 3 of9 2. Lessee shall furnish said services on a fair, equal and not unjustly discriminatory basis to all users thereof, and 3, Lessee shall charge fair, reasonable and not unjustly discriminatory prices for each unit or service; provided, that Lessee may make reasonable and nondiscriminatory discounts, rebates, or other similar types of price reductions to volume purchasers. 4. Lessee shall provide space, not hanger space, to Lessor for parking equipment and vehicles at the air port during a storm, hurricane or other emergency. 5. Lessee shall comply with all the terms and conditions of the Base Operator Manager Contract of the same date and it is understood that a breach of that agreement is a breach of this agreement. ARTICLE VII Lessee, in carrying out the terms of this agreement and in exercising any of the rights or privileges herein granted to him, shall not on the grounds of race, color, or national origin discriminate or permit discrimination against any person or group of persons I any manner prohibited by Part 21 of the Regulations of the Secretary of Transportation, Lessor is hereby granted the right to take any such action, anything to the contrary herein notwithstanding, as the United States may direct to enforce this nondiscrimination covenant. ARTICLE VIII It is understood and agreed by Lessee that no right or privilege has been granted which would operate to prevent any person, firm or corporation operating aircraft on said airport from performing any services on his, her or its own aircraft with his, her or its own regular employees (including, but not limited to maintenance andrepair) that they or it may choose to perform. ARTICLE IX Notwithstanding anything herein contained that may be or appear to the contrary, it is expressly understood and agreed that the rights granted under this agreement are non- exclusive and Lessor herein reserves the right to grant similar privileges to another operator or other operators on other parts of the airport. ARTICLE X Lessee hereby agrees to protect, indemnify and hold Lessor harmless from and against any and all claims, demands and causes of action of every kind and character (including the amoUnts of judgments, penalties, interest, court costs and legal fees incurred by Page 4 of9 Lessee in defense of same) arising in favor of governmental agencies or third parties (including, but not limited to, employees of Lessee) on account of permits, claims, debts, personal injuries, deaths or damages to property, and without limitation by enumeration, any and all other claims or demands of every character occurring or in anywise incident to or in connection with or arising out of the covenants performed (or to be Performed) by Lessee under and pursuant to the terms of this agreement, or arising out of any other conduct of Lessee at said airport. ARTICLE XI Lessee shall at all times carry insurance coverage as follows: 1. Airport Liability of at least $500,000.00 each person and $1,000,000.00 each occurrence for bodily injury or death and $250,000.00 each occurrence for injury to or destruction of property, which coverage shall include insurance coverage for the flight instruction program, the rental of aircraft, services or aircraft mechanics and inspectors, air taxi service, sale of fuel, oil and lubricants and any and all other services and/or products that Lessee offers to the public. 2. Also Completed Operations and Products Liability in the amount of $500,000.00 for each occurrence and the aggregate, covering aircraft repairs and services, bodily injury of $1,000,000.00 per person. 3. Also Hangerkeeper's Liability in the amount of$250,000.00 for anyone aircraft and $500,000.00 for anyone loss with respect to loss of or damage to any one aircraft. 4, Provide insurance for bodily injury and property damage in the amount of $1 million for each occurrence and mobile equipment in the amount of$l million for each occurrence. 5. An additional Insured Endorsement must be included extending all insurance coverage to Calhoun County, as owner of the airport, and each County Commissioner and the County Judge individually. 6. In the event the Texas Tort Claims Act should ever be amended so as to increase the limits or scope of liability of a unit of government, then the foregoing insurance coverage shall be increased to at least equal the limits and cover the scope of Lessor's liability under such act. 7, Lessee will provide a single performance bond in the amount of $50,000.00 to ensure the performance of her obligations under this lease agreement and the Operator/Manager Agreement of the same date. All of such insurance must meet with Lessor's approval, and prior to taking possession of the leased property, Lessee shall furnish Lessor with a Certificate of Insurance (with 10 Page 5 of9 day notice Clause) showing he has such insurance; and if requested by Lessor, Lessee shall submit his insurance policies to Lessor for inspection, Lessee shall list Calhoun County on insurance policy and include provision for notification to Calhoun County in the event of termination of coverage by Lessee. Lessee shall require each airplane owner who hangars his airplane in the Calhoun County Hangar to provide proof ofliability insurance in the minimum amount of$500,000.00. This proof of insurance will be kept on file and will be available for viewing for each airplane in the hangar. ARTICLE XII In the event of breach by Lessee of one or more of the terms, covenants and/or conditions to be performed hereunder, Lessor shall notify Lessee of such matters causing such breach, whereupon Lessee shall have ten (10) days from the receipt of notice to remedy such breach, except for such things as Lessee should do, or discontinue doing, or correct, which create a danger or are derogatory to aviation activities, in which event the breach shall be cured by Lessee immediately. In the event Lessee fails to remedy any such breach within the specified time, then Lessor may, at its option, terminate this Lease Agreement in its entirety. Failure of Lessor to so terminate this Lease Agreement in any one instance of breach shall not constitute a waiver of Lessor's right to so terminate this Lease Agreement in any subsequent instance of breach. The term derogatory, as herein used, shall mean those things which hinder or render aviation activities inconvenient. ARTICLE XIII Lessee shall not assign this lease not sublet the leased property without the written consent of Lessor. ARTICLE XIV Lessee shall during the term ofthis lease pay the electric bills for the runway and beacon lights and existing hanger facility. Lessor shall furnish Lessee with garbage pickup service at the airport for municipal solid waste. Lessor shall provide maintenance to the public parking area. ARTICLE XV Lessor shall during the term of this lease maintain the hanger facility as funds are provided for reimbursement ':llder the RAMP grants. As to all other publicly owned facilities at the airport, including but not limited to the runways, taxi ways and aprons, Lessor reserves the right, but shall not be obligated to Lessee, to maintain, repair, or rebuild the same, together with the right to control all activities of Lessee in this regard. ARTICLE XVI Page 6 of9 ~ Lessee represents that he has inspected all of the airport premises and improvements, including the property herein leased, and that he accepts the condition of same as is and fully assumes all risks incident to the use thereof, Lessor shall not be liable to Lessee for any damages or injuries to the property or person of Lessee which may result from hidden, latent, or other dangerous conditions on or at said airport. ARTICLE XVII Lessor reserves the right to further develop or improve any area of the airport as it sees fit, regardless ofthe desires or view of the Lessee, and with no interference or hindrance by Lessee. All improvements made by Lessee must be made with the permission of the Calhoun County Commissioners Court. ARTICLE XVIII Lessor reserves the right to take any action it considers necessary to protect the aerial approaches of said airport against obstruction. ARTICLE XIX Lessee shall take good care of the demised premises and property, and at the termination of this lease shall deliver the same to Lessor in 'as good condition as same were in at the beginning of the term of this lease, or as same were in after any subsequent repairs or maintenance, loss by storm, accidental fire, inevitable accident, and normal wear and tear alone excepted. Lessee shall also keep the leased premises neat and clean at all times. ARTICLE XX If said leased airport hanger should be destroyed, or damaged to such an extend as to make same untenentable, by fire, act of God, accident or other casualty, Lessor may, at its option, either repair or rebuild the same or terminate the lease. If Lessor shall elect to rebuild or repair said hanger, the rental shall be abated from the date of such damage or destruction to the date when said hanger has been rebuilt or repaired so as to make the same suitable for use and occupancy by Lessee for the purposes contemplated by this lease. If said hanger shall be damaged but shall remain tenantable and suitable for use by Lessee, then this lease shall continue in full force and effect and Lessor shall promptly repair said hanger, provided that from the date of such damage and until said hanger has been repaired by Lessor, the rental shall be abated in proportion to the amount of floor space which is rendered unusable to Lessee, ARTICLE XXI It is understood and agreed by the parties hereto that the Calhoun County Airport, together with all of its improvements, constitutes a public airport that has been built for Page 70f9 ! the purpose of serving the public, and Lessee shall conduct his fixed base operation on this premise. ARTICLE XXII It is understood and agreed that this Lease Agreement is subj ect to and subordinate to and controlled by the provisions, stipulations, covenants, and agreements contained in those certain contracts, agreements, resolutions and actions of the Commissioners' Court of Calhoun County, Texas, and the United States of America and/or the State of Texas, and their agents, including, but not limited to, the Federal Aviation Administration and the Texas Aeronautics Commission, and all regulations now or hereafter imposed on Calhoun County, Texas, the Lessor herein; and that this Lease Agreement and all of Lessee's operations hereunder shall be subject to and in accordance with all applicable laws, rules, regulations, orders and/or requirements of the Federal Government, the State of Texas, the Commissioners' Court of Calhoun County, Texas, and any duly authorized governmental agency, including, but not limited to, the Federal Aviation Administration and the Texas Aeronautics Commission, as such laws, rules, regulations, orders and/or requirements now or hereafter exist; and Lessor shall not be liable to Lessee on account of any of the foregoing matters; and all of the aforesaid laws, rules, regulations, orders and/or requirements, as the same now or hereafter exist, and all of the aforesaid contracts, agreements, resolutions and actions of said Commissioners' Court are incorporated herein by reference. . ARTICLE XXIII Notwithstanding anything contained in this Lease Agreement which might be construed .to the contrary, it is controllingly provided and understood and agreed by and between the parties hereto that this agreement is a lease in the strict legal interpretation, and that Lessee, while performing the services contemplated under this Lease Agreement, shall not be deemed or considered a servant, agent or employee of Lessor. It is further expressly provided that either party may terminate this contract without cause by giving 30 days written notice to the other party. EXECUTED in multiple originals on the 1st day of November, 2008. LESSOR: CALHOUN COUNTY, TEXAS By Michael J. Pfeifer, County Judge Page 8 of9 i I> ATTEST: Anita Fricke, County Clerk LESSEE: Dianna Stanger Calhoun Air Center, L.L.C. Page 9 of9 "f ..... BASE OPERA TOR/AIRPORT MANAGER CONTRACT THE STATE OF TEXAS COUNTY OF CALHOUN THIS CONTRACT made and entered into this day of 2008, by and between CALHOUN COUNTY, TEXAS, a body politic, hereinafter referred to as OWNER, and Dianna Stanger, Calhoun Air Center, L.L.C, of Calhoun County, Texas, hereinafter referred to as Operator/Manager. WITNESSETH: WHEREAS, OWNER is the owner of a public airport, commonly known as the Calhoun County Airport, situated in the Valentine Garcia Survey, A-17, in Calhoun County, Texas, which airport includes a hanger, lights, beacon, an improved runway, taxi-ways, apron and other improvements, and WHEREAS, OWNER deems it necessary to appoint an Airport Operator/Manager; NOW, THEREFORE, in return for the execution of the Fixed Base Operation Lease Agreement and other considerations, including the mutual benefits accruing to the parties hereto, the sufficiency of which benefits are hereby acknowledged by each party, OWNER and Operator/Manager do hereby contract and agree as follows: I. OWNER does hereby appoint Dianna Stanger as Airport Operator/Manager of the Calhoun County Airport for a period of 3 years, commencing on the first day of November, 2008, and continuing through the 1 st day of November, 2011, subject to the terms, conditions and/or provisions herein contained with an option to renew for an additional 3 year term upon negotiated terms and conditions. II. In her capacity of Operator/Manager, Operator/manager shall: I. Be responsible for the complete supervision of the daily operation of said airport, subject to the rules, regulations and requirements of the Commissioners' Court of Calhoun County, Texas, as the same now or hereafter exist, and also subject to the rights granted to any Fixed Base Operator, now or hereafter. 2. Advise and consult with OWNER in order to promote and develop the use of said airport and satellite enterprise. Page I of 4 ..It 3. Enforce the rules and regulations of the Commissioners' Court of Calhoun County, Texas, in connection with the maintenance, operation and safety of said airport, as all of said rules and regulations now or hereafter exist. 4. Cause the Unicorn radio to be kept in operation, the same to be operated by an operator duly licensed by the proper governmental authority; and cause such operator to maintain a radio station log as required by the Federal Communications Commission. 5. Take good care of all of the facilities at said airport and provide all maintenance on the airport hanger and surrounding 1.917 acres. 6. Correspond with OWNER and all others concerned with and concerning the proper operation of said airport. 7, Be responsible for liaison between OWNER and the Federal Aviation Administration and the Texas Aeronautics Commission and abide by all rules and regulations of the Federal Aviation Administration and the Texas Aeronautics Commission. 8. Require the Operator/manager of any leased premises at said airport, as well as any users thereof, to maintain such premises free of all debris, rubble and junk, including, but not limited to, requiring the Operator/manager of the hanger facility and office space to keep the same clean and maintain a business like appearance. 9. hanger. Pay electric bills for the runway, beacon, runway lights and existing 10, Maintain a Unicorn (122.8) two-way radio communications system 11. Provide a single performance bond in the amount of $50,000.00 to ensure the performance of her obligations under this agreement and the fixed base operation lease agreement of the same date. 12. Build additional hangars at the airport if needed. 13, Monitor and record storm water runoff. III. The Owner shall be responsible for mowing the grass Runway and alongside Runway 14/32 on the area commencing at the edge of the runway and extending for a sufficient width to include the runway lights, and on an area fifteen feet (15') wide on each end of said runway; also be responsible for mowing the grass on an area fifteen feet (15') wide along the sides and ends of all other paved area; it being expressly provided that OWNER Page 2 of4 J "' shall have the right to determine when and how often such mowing shall be accomplished. OWNER shall have the right to bail hay on this property. IV. The OWNER shall: 1. Do, at its expense, such maintenance work as it deems necessary on its facilities at said airport as said maintenance is available for reimbursement under the RAMP grant for the repair and maintenance of the hanger, radios, runways, access ramps, taxi ramps or other airport facilities. 2. Provide a fixed asset inventory list as maintained by the County Auditor. 3. Provide maintenance to the public parking area and garbage pickup, V. OPERATOR/MANAGER shall be under the direct supervision of the Commissioners' Court of Calhoun County, Texas. Any disputes will be settled by the Commissioner's Court, VI. The parties hereto agree that OPERA TOR/MANAGER is an independent contractor providing services to OWNER under this contract alone, and OPERATOR/MANAGER is not to be considered an employee of OWNER for any purpose. The parties agree that a breach of this agreement is also a breach of the Fixed Base Operation Lease Agreement of the same date. VII. In the event of breach by OPERA TOR/MANAGER of one or more of the terms, conditions and/or provisions hereof, OWNER shall notify OPERATOR/MANAGER of such matters causing such breach, whereupon OPERATOR/MANAGER shall have ten (10) days from the receipt of notice to remedy such breach, except for such things as OPERA TOR/MANAGER should do, or discontinue doing, or correct, which create a danger or are derogatory to aviation activities, in which event the breach shall be cured by OPERATOR/MANAGER immediately; In the event OPERATOR/MANAGER fails to remedy any such breach within the specified time, then OWNER, may, at its option, terminate this contract in its entirety. Failure of OWNER to so terminate this contract in anyone instance of breach shall not constitute a waiver of OWNERS right to terminate this contract in any subsequent instance of breach. Page 3 of 4 f The term derogatory as herein used shall mean those things which hinder or render aviation activities inconvenient. It is further expressly provided that either party hereto may terminate this contract without cause by giving 30 days written notice to the other party. EXECUTED in multiple originals on the 1 st day of November, 2008. OWNER: CALHOUN COUNTY, Texas By Michael J. Pfeifer, County Judge ATTEST: Anita Fricke, County Clerk OPERA TORlMANAGER: Dianna Stanger Calhoun Air Center L.L.c. Page 4 of 4 RE-BID THE NEW FLOORING FOR THE CALHOUN COUNTY LIBRARY DUE TO NO BIDS BEING RECEIVED ON NOVEMBER 16, 2008; NEW BIDS WILL BE DUE MONDAY, NOVEMBER 10, 2008 AND CONSIDERED FOR AWARD ON THURSDAY, NOVEMBER 13, 2008: A Motion was made by Commissioner Lyssy and seconded by Commissioner Fritsch to re-bid the new flooring for the Calhoun County Library due to no bids being received on November 16, 2008, which said bids will be due Monday, November 10, 2008 and considered for award on Thursday, November 13, 2008. Commissioners Galvan, Lyssy, Fritsch, Finster and Judge Pfeifer all voted in favor. BIDS FOR REMODELING OF THE CALHOU COUNTY COURTHOUSE ANNEX II: A Motion was made by Judge Pfeifer and seconded by Commissioner Fritsch to reject all the bids for remodeling of the Calhoun County Courthouse Annex II and go out for bids at a later date. Commissioners Galvan, Lyssy, Fritsch, Finster and Judge Pfeifer all voted in favor. CINDY MUELLER COUNTY AUDITOR, CALHOUN COUNTY COUNTY COURTHOUSE ANNEX - 201 W. AUSTIN PORT LAV ACA, TEXAS 77979 (361) 553-4610 MEMORANDUM TO: JUDGE PFEIFER & SUSAN RILEY COUNTY JUDGE'S OFFICE FROM: AUDITORS OFFICE ~ PEGGY HALL DATE: October 16, 2008 RE: AGENDA ITEM ~ October 23, 2008 AGENDA ITEM Thursday, October 23,2008 ***Not for sure about the initials. You can change ifneeded.*** ~ Consider and take necessary action to award bid for the Remodeling of the Calhoun County Courthouse Annex II. >< CI) c c Eo::( ns ~ o ::s o 0 .c G) 0 .~ CI) "r'" ::s .c 0 Cl)ClOO o co>' ONe +:i ~::s .!U)O ::s"r'"o J:l ... c ns CI) ::s I- .g 0 ,o.....c .- (,) ca moo M ~ "C >< >< >< "C <C N ~ "C >< >< >< "C <C "'" ~ "C >< >< >< "C <C CI) 0 - - CI) 1IlQ. It) 0 0 ,..., N co >-E "'" "'" "'" III 0 Cu 0 0 0 C! 0 C! en ci 0 N M 0 ~ M 0 0 .. ~ en N ~ <C ~ III ~ III ::s III ::s c:: ::s c:: c:: 0 0 0 0 0 0 &ri ci ci "'" co 0 0 ~ 0 0 0 .. ltf M Nft <C ~ ~ ~ III III III ::s ::s ::s c:: a. c:: 0 0 0 "C 0 0 0 in oi ci ci CI) It) 0 0 CD en 0 III ~ft N N III m It) CD "'" M M ~ ~ ~ ~ "C"C ,_ C >< >< >< m 0 m u ..J ..J C 0 >- .. :;:;ctlLO 0 CJ~o - ::s~'<;/" t- CJ ..=~oo c III IIlctlt- ('i") .. co...x .....'<;/" 0 (1)..- - C C/)t- t;-g~ c O(l)t- 0 "'Ct- 0 U .!!l._ :;:; Ox ::sctlt- U c .... ..... CJ bGt- c.en ::s :Et- o .... .C III oX CJ(I).c .. c - (I) 0 C .- t- .ceO C .... c. 00::: CJ UJ en o.c E u UJ.!!! CI) C/) :::::s U ctl t- c. l..L. ctl t-C\I0 :!oO (J)t-O ~ot5 ..Jo_ a:::;o mC\lUJ ~~5 APPROVE ADDENDUM(s) TO THE 2008 CALHOUN COUNTY RE-ROOFS SPECIFICATIONS: A Motion was made by Commissioner Lyssy and seconded by Commissioner Galvan to approve the Addendum(s) to the 2008 Calhoun County Re-roofs Specifications. Commissioners Galvan, Lyssy, Fritsch, Finster and Judge Pfeifer all voted in favor. Susan, CINDY MUELLER COUNTY AUDITOR, CALHOUN COUNTY COUNTY COURTHOUSE ANNEX - 201 W. AUSTIN PORT LA V ACA, TEXAS 77979 (361) 553-4610 -.........,j,,- "-,~ .' -~._~ MEMORANDUM TO: JUDGE PFEIFER & SUSAN RILEY COUNTY JUDGE'S OFFICE FROM: AUDITORS OFFICE ~ PEGGY HALL DATE: October 10,2008 RE: AGENDA ITEM AGENDA ITEM Thursday, October 23,2008 Consider and take necessary action to approve Addendum( s) to the 2008 Calhoun County Reroofs Specifications. Thanks, p~ it ~"t". ADDENDUM NO.1 TO THE CONTRACT DOCUMENTS FOR 2008 CALHOUN COUNTY REROOFS CALHOUN COUNTY LIBRARY AND CALHOUN COUNTY AIRPORT HANGAR FACILITY FOR CALHOUN COUNTY, TEXAS OCTOBER 23, 2008 Approved By: G& W Engineers, Inc. Project No. 5310.001 JoAnna P. Weaver, P.E . Texas Serial No. 61535 Date: . Page 1 of3 , : ~ Clarifications to the original Contract Documents, Contract Drawings and/or Specifications have been deemed necessary, and in certain cases, revisions to the original Contract Documents, Contract Drawings and/or Specifications are required. If discrepancies and/or inconsistencies exist between these specified revisions and the original Contract Documents, Contract Drawings and/or Specifications, said Addendum No.1 shall govern. . CONTRACT DOCUMENTS: MANDATORY PRE-BID MEETING: The following Bidders were in attendance at the Mandatory Pre- Bid Meeting held at 10:00 am on October 22, and have met this prerequisite to provide a bonafide bid: 1. AR CONTRACTORS dba EASLEY CONSTRUCTION, 206 E. Anaqua, Victoria, TX 77901 2. BRINKMAN ROOFING, 5050 Timber Creek Dr., Houston, TX 77017 3. CHRISTIAN'S CARPENTRY, 2207 McPherson, Port Lavaca, TX 77979 4. CRAM ROOFING, 5171 Casa Bella San Antonio, TX 78249 5. GONZALES CONTRACTING (Advantage Construction), 225 N. Virginia S1. 77979 6. REXCO, INC., 1104 Mildred Drive, Port Lavaca, TX 77979 7. RAIN KING ROOFING, 2006 N. Delmar, Victoria, TX 77979 8. RAIN SEAL MASTER ROOFING & 8M, 2306 Port Lavaca Dr., Victoria, TX 77901 9. TOPSIDE CONSTRUCTION, 703 Cupples, San Antonio, TX 78237 SECTION 00120 (INSTRUCTIONS TO BIDDERS) ITEM b. ADD1;~~~~!~Hlfifi.i~?0i(FfOY'eaCfi"O!;tfiFfiVe~(5r~~~'i~em_s~bliltheiBaselBid~F orm~~1~.-.,> , SECTION 00300 (BID FORM) BID ITEM 5: CHANGE to read: 100 SF Repair lightweight concrete deck per inch of thickness, as required, complete and in place, the sum of SECTION 01000 (SCOPE OF WORK) ITEM 1.2: ADD: The Bidder MUST submit with his bid a copy of the Roofing Manufacturer's literature on the Built-Up Roofing System he is proposing in his Bid and a Sample 20-yr NDL warranty. ITEM 2.2.A: DELETE "R-Panel" and REPLACE with "PBR-Panel" ITEM 2.2.B: ADD: Wall panels shall be of a continuous sheet; splicing of w~ll panels will not be allowed. DRAWING: CONSTRU CTION NOTES: NOTE 2: CHANGE to read "NEW 24 GA. GALVANIZED GRAVEL GUARD" NOTE 3: CHANGE to read "REPLACE ALL METAL SCUPPERS WITH NEW 24 GA. GALVANIZED" Page 2 of3 ADDENDUM NO.1 2008 Calhoun County Reroofs (Job No. 5310.00J) ~J \: NOTE 4: CHANGE to read "NEW BASE FLASHING AND 24 GA. GAL V ANIZED CTR FLASHING. TO MINIMIZE DISTURBANCE OF EXISTING THRU-WALL FLASHING, CONTRACTOR SHALL INSTALL NEW METAL CTR FLASHING UP UNDER THE EXISTING METAL CTR FLASHING; . EXISTING CTR FLASHING SHALL BE TRIMMED AND SECURED AS NECESSARY IN ACCORDANCE WITH THE ROOF MANUFACTURER'S RECOMMENDATIONS." NOTE 6: CHANGE to read "INST ALL NEW CAST IRON ROOF DRAIN GUARDS ON EXISTING ROOF DRAINS." NOTE 8: CHANGE to read: "REMOVE EXISTING METAL ROOFING AND REROOF WITH 24 GA. GAL V ALUME "PBR" PANEL." Page 3 of3 ADDENDUM NO.1 2008 Calhoun County Reroofs (Job No. 53] 0.00]) 'f BASE BID BID BID UNIT DESCRIPTION OF ITEM WITH UNIT UNIT PRICE EXTENSION ITEM QTY. PRICE WRITTEN IN WORDS 1. LS Tear Off and Reroof of the Calhoun County Library, complete and in place, the sum of Dollars and Cents. $ 2. LS Remove and replace all roofing and designated siding at the Calhoun County Airport Hangar Facility, complete and in place, the sum of Dollars and Cents. $ 3. 120 LF Remove existing and Install new 14 gauge Galvanized Eave Strut, as required Dollars and Cents. per linear foot. $ $ 4. 100 BF Remove existing and Install new wolmanized wood nailers, as required Dollars and Cents. per board foot. $ $ 5 100 SF Repair light weight concrete deck, per inch of thickness, as required, complete and in place, the sum of Dollars and Cents. per square foot. $ $ TOTAL BASE BID, being Items 1 through 5 above, is: DOLLARS CENTS. $ ++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++ 00300-3 .:(: "- ../ BASE BID BID BID UNIT DESCRIPTION OF ITEM WITH UNIT UNIT PRICE EXTENSION ITEM QTY. PRICE WRITTEN IN WORDS 1. LS Tear Off and Reroof of the Calhoun County Library, complete and in place, the sum of Dollars / and Cents. $ 2. LS Remove and replace all roofing and designated siding at the Calhoun County Airport Hangar Facility, complete and in place, the sum of Dollars and Cents. $ 3. 120 LF Remove existing and Install new 14 gauge Galvanized Eave Strut, as required Dollars and Cents. per linear foot. $ $ 4. 100 BF Remove existing and Install new wolmanized wood nailers, as required Dollars and Cents. per board foot. $ $ 5 100 SF Repair light weight concrete deck, per inch of thickness, as required, complete and in place, the sum of Dollars and Cents. per square foot. $ $ TOTAL BASE BID, being Items 1 through 5 above, is: DOLLARS CENTS. $ ++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++ Addendum No.1 2008 Calhoun County Reroofs (Job No. 5310.001) 00300-3 ,:f '/ BID BID ITEM QTY. OWNER'S OPTION UNIT DESCRIPTION OF ITEM WITH UNIT PRICE WRITTEN IN WORDS UNIT PRICE EXTENSION 1. LS CONTRACTOR shall provide all inspections, submittal of Texas Department of Insurance Forms WPl-l and WPl-2 and all other things necessary in order to provide the OWNER with a WPI-8 Windstorm Certificate of Compliance for both roofs. ADD the following amount to the BASE BID and Dollars Cents. $ ++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++ 6. BIDDER agrees that the Work shall be complete and ready for final payment in accordance with Paragraph 14.07 of the General Conditions within CALENDAR DAYS after the date when the Contract Times commences to run. BIDDER accepts the provisions of the Agreement as to liquidated damages in the event of failure to complete the Work within the times specified in the Agreement. 7. The following documents are attached. to and made a condition of this BID: a. Required Bid Security in the form of b. Manufacture's literature on proposed Built-Up Roofing System and Sample 20-yr NDL Warranty c. Document No. 00415 - CONTRACTOR's Corporate Resolution. d. Document No. 00420 - Bidders Qualification Statement. 00300-4 I I I . I I I i I I I I I I I 1 I I I ---.-J PETITION TO ABANDON AND VACATE A 0.115 ACRE PORTION OF TWENTY-SEVENTH STREET AND A 0.115 ACRE PORTION OF TWENTY SEVENTH STREET FOR A TOTAL OF 0.23 ACRES IN MALLORY'S SECOND ADDITION TO MAGNOLIA BEACH, VOLUME Z, PAGE 351 OF THE PLAT RECORDS OF CALHOUN COUNTY, TEXAS: A Motion was made by Commissioner Galvan and seconded by Commissioner Fritsch to approve the Petition to abandon and vacate a 0.225 acre portion of Twenty-Seventh Street and a 0,115 acre portion of Twenty-Seventh Street for a total of 0.23 acres in Mallory's Second Addition to Magnolia Beach, Volume Z, Page 351 of the Plat Records of Calhoun County, Texas. Commissioners Galvan, Lyssy, Fritsch, Finster and Judge Pfeifer all voted in favor. OFFltIRL PUBLIC RECORDS INSTRUMENT #114098 7 Stamp page(s) t5 VACATE AND ABANDON A PORTION OF TWENTY SEVENTH STREET IN MAGNOLIA BEACH BETWEEN LOTS 4 - 9, BLOCK 21 AND LOTS 1 - 5, BLOCK 22, CALHOUN COUNTY, TEXAS. A Motion was made by Commissioner Galvan and seconded by Commissioner Fritsch to Vacate and Abandon a portion of Twenty Seventh Street in Magnolia Beach between Lots 4 - 9, Block 21 and Lots 1 - 5, Block 22. Calhoun County, Texas as shown on the following Order with exhibit attached. Commissioners Galvan, Lyssy, Fritsch, Finster and Judge Pfeiffer all voted in favor, Commissioners None voted not in favor. ORDER DECLARING CLOSURE OF A PORTION OF TWENTY SEVENTH STREET IN MAGNOLIA BEACH BETWEEN LOTS 4 - 9, BLOCK 21 AND LOTS 1 - 5, BLOCK . 22, CALHOUN COUNTY, TEXAS. WHEREAS, on the 23th day of October, 2008 the Commissioner's Court of Calhoun County, Texas considered the request of John R. Brimer & wife, Agnes A. Brimer and Linda Harvey & husband, Robert Harvey, being property owners in Precinct 1 of Calhoun County, Texas, to abandon and vacate~0~ion of Twenty Seventh Street located in Magnolia Beach. Calhoun County, Texas, more fully hereinafter described and as shown on Exhibit "A" which is attached to this order and incorporated by reference. WHEREAS, Texas Transportation Code 251.051 vests in the Commissioner's Court the authority to abandon or vacate a portion of the Public Road; and WHEREAS, the Commissioners have not previously classified the subject road as either a first class or second class road; and WHEREAS, the Commissioner's actions to abandon or vacate the road has been posted at the Courthouse door of Calhou.n County, Texas and at other places in the vicinity of the affected route, being at the MV Convenience Stop, the Port Lavaca Post Office and '~ at a location near the roadway to be abandoned and vacated, for at least twenty (20) days before the date the application was made to the Court; and WHEREAS, the Commissioners have voted unanimously to abandon and vacate the portion of the road described on the attached Exhibit "An; and WHEREAS, all requirements of Texas Transportation Code 251,051 and 251.052 have been complied with in declaring said road to be abandoned and vacated. NOW, THEREFORE, ON MOTION DULY MADE BY Commissioner Galvan and SECONDED by Commissioner Fritsch, and upon said Motion having been approved by the Commissioner's Court in a properly posted public meeting; IT. IS ORDERED AND DECREED, that Calhoun County does hereby CLOSE, ABAN DO N AND VACATE that portion of Twenty Seventh Street described on the attached Exhibit "An. IT IS FURTHER ORDERED AND DECREED that on the date this Order is signed, title to the portion of Twenty Seventh Street closed by this Order is vested in John R. Brimer & wife, Agnes A. Brimer the owner of the property that abuts the north side of the closed road, and Linda Harvey & husband, Robert Harvey the owner of the property that abuts the south side of the closed road, pursuant to Texas Transportation Code 251.058(b). IT IS FURTHER ORDERED AND DECREED that a copy ofthis Order be filed in the Official Records of Calhoun County, Texas and duly filed copy of this Order shall serve as the official instrument of conveyance of the closed portion of Twenty Seventh Street, Magnolia Beach, Port Lavaca, Calhoun County, Texas from CALHOUN COUNTY to the respective owners of the abutting property as set forth hereinabove, pursuant to Texas Transportation Code 251.058(b). SIGNED THIS ~ day of ~~ ,2008. ATTESTED TO BY: ANITA FRICKE CALHOUN COUNTY CLERK By ~ tY'oJwA. , Clerk After Recording Return: Ty Zeller Attorney At Law 131 N. Virginia St., Suite A Port Lavaca, TX 77979 CALHOUN COUNTY TEXAS JY\ALl,JJ* HONORABLE C . L J. PFEIFER, CALHOUN COUNTY JUDGE ~. TRACT! 0.115 ACRE EXHIBIT "A" THE STATE OF TEXAS} THE COUNTY OF CALHOUN} BEING a 0.115 acre tract ofland situated in the George H. Hall Survey, Abstract No. 235, Calhoun County, Texas, being a' portion of that certain Twenty Seventh Street (40 foot public right-of-way) described in Mallory's Second Addition to Magnolia Beach according to instrument recorded in Volume Z, Page 351 of the Plat Records of said County, said 0.115 acre tract of land being more fully described by metes and bounds as follows: BEGINNING at a 5/8 inch diameter steel rebar found, marking the northeast intersection of Ocean Drive (60 foot public right-of-way) and said Twenty Seventh Street, marking the southwest comer of that certain Lot 9, Block 21 of said Mallory's Second Addition to Magnolia Beach, marking the northwest comer ofthe herein described tract of land; THENCE, North 74 deg. 15' 00" East, (basis of bearings), along the common line of said Block 21 and said Twenty Seventh Street, at 160.10 feet passing a 5/8 inch diameter steel rebar found with plastic cap stamped "G&K", marking the southeast comer of Lot 6 of said Block 21 and the southwest coiner of a I 0 foot alley, at 170,10 feet passing a 5/8 inch diameter steel rebar found with plastic cap stamped "G&K", marking the southwest comer of Lot 5 of said Block 21 and the southeast comer of said 1 0 foot alley, continuing for an overall distance of 250.17 feet (called 250.00 feet) to a 5/8 inch diameter steel rebar found with plastic cap stamped "G&K", marking the southeast comer of said Lot 5, marking the southeast comer of said Block 21, marking the northeast comer of said Twenty Seventh Street, and marking the northeast comer of the herein described tract of land; . THENCE, South 15 deg. 45' 00" East, departing the south line of said Block 21 and along the east line of said Twenty Seventh Street, a distance of 20.00 feet to a point for a comer, marking the centerline of said Twenty Seventh Street and marking the southeast comer of the herein described tract of land; THENCE, South 74 deg. IS' 00" West, along the centerline of said Twenty Seventh Street, at 10.00 feet passing. a 5/8 inch diameter steel rebar set foueference, continuing for an overall distance of250.17 feet to a 5/8 inch diameter steel rebar set in the east line of the aforementioned Ocean Drive, marking the southwest comer of the herein described tract of land; THENCE, North 15 deg. 45' 00" West, along the east line of said Ocean Drive, a distance of 20.00 feet to the POINT OF BEGINNING, CONTAINING within these metes and bounds, a 0.115 acre tract ofland, more or less. Bearings based on that certain Mallory's Second Addition to Magnolia Beach according to instrument recorded in Volume Z, Page 351 of the Plat Records of Calhoun County. The foregoing legal description and accompanying survey plat were prepared from an actual survey made on the ground under my supervision in August, 2008 and are true and correct to the best of my lmowledge and belief. Te T. Ruddic Registered Prof, ional Land SLeyor { Texas No. 815274 . i( 1"1 0'( 816901-1 ~ TRACT 2 0.115 ACRE THE STATE OF TEXAS} THE COUNTY OF CALHOUN} BEING a 0.115 acre tract ofland situated in the George H. Hall Survey, Abstract No. 235, Calhoun County, Texas, being a portion of that certain Twenty Seventh Street (40 foot public right-of-way) described in Mallory's Second Addition to Magnolia Beach according to instrument recorded in Volume Z, Page 351 of the Plat Records of said County, said 0.115 acre tract of land being more fully described by metes and bounds as follows: BEGINNING at a 5/8 inch diameter steel rebar set, marking the southeast intersection of Ocean Drive (60 foot public right-of-way) and said Twenty Seventh Street, marking the northwest comer of that certain Lot 5, Block 22 of said Mallory's Second Addition to Magnolia Beach; marking the southwest corner of the her((in described tract of land; THENCE, North 15 deg. 45' 00" West, along the east line of said Ocean Drive, a distance of20.00 feet to a 5/8 inch diameter steel rebar set, marking the centerline of said Twenty Seventh Street, marking the northwest comer of the herein described tract, from which a 5/8 inch diameter steel rebar found bears North 15 deg. 45' 00" West, 20.00 feet, marking the southwest corner of Block 21 of said Mallory's Second Addition to Magnolia Beach; THENCE, North 74 deg. 15' 00" East, along the centerline of said Twenty Seventh Street, at 240.17 feet passing a 5/8 inch diameter steel rebar set for reference, continuing for an overall distance of250.17 feet to a 5/8. inch diameter steel rebar set in the east line of the said Twenty Seventh Street, marking the northeast comer of the herein described tract of land, from which a 5/8 ~ch diameter steel rebar found with plastic cap stamped "G&K" bears North 15 deg. 45' 00" West, 20.00 feet, marking the southeast corner of said Block 21; , THENCE, South 15 deg, 45' 00" East, along the east line of said Twenty Seventh Street, a distance of20.00 feet to a point for a comer, marking the northeast comer of Lot 1, of the aforementioned Block 22, marking the southeast corner of the herein.describedtract of land; . THENCE, South 74 deg. 15' 00" West, (basis of bearings), along the north line of said Block 22, at 10,00 feet passing a 5/8 inch diameter steel rebar set for reference, continuing for an overall distance of 250.17 feet to the POINT OF BEGINNING, CONTAINING within these metes and bounds, a 0.115 acre tract of land, more or less. Bearings based on that certain Mallory's Second Addition to Magnolia Beach according to instrument recorded in Volume Z, Page 351 of the Plat Records of Calhoun County. The foregoing legal description and accompanying survey plat were prepared from an actual survey made on the ground under my supervision in AugUst, 2008 and are true and correct to the best of my knowledge and belief. LOTS 4~. BLOCK 21 JENHIFER BRJI€R HUGHES "ND HUSBAND. lHORE\Il lHOMJ.S HUGHES TO JOHN A~'HE~R~~~~:RWIFE.. ~ VOl.Ur.lE 399. PACE 98 ~ DF'FICIAL RECORDS l: .- .-- -- - --C~ ,ti to' ALLC'l' ~ ,---------,,~ ~ III .. '\i=:t l~ [... .... d ID _ W::I C\l ~O:: !il:.) lIJ< ~~ ~= ~d ~~~ ~2J' .LOT I; ~~ .,.o!] I!lID LOT 7 ~ ::! Z .. .AS TAN' 0 ~ @l~@w!" ~ Ifi;. ~ ~ i;;; ~ .~ <::s ~ ~ ~ ~ ~ .~ VS ~ ~ ~ ~ ~ '" 14.1' ~ 0." ;" .,; ~ 9.4' wr 0 WIRE FEHCE o N URBAN SURVEY I NG. INC. VICTORIA, TEXAS (361) 578-9837 10.45'00" E 20.00' --:-_-- -----r~ RCCX EROSION COHTROI. .~+~ POINT FOR A CORNER .llOt/IILJAJ?Y St/J?VCY 27'HAC7'S Of tAND BE/NC TIf'O O. //5 ACRE TRACTS OF LAN/J LOCATEO IN THE CEOIi'CE H. HALL SI/Rf/Er. A8STRACT No. 2J5, CALI/OlIN COtltVTr, TE.fAS. 8EINe A PORTION OF TM"NTr SEVEIYTH STREET (40 FOOT PI/81lC RICHT-OF-If'AYJ /JESCRI8E/J IN VAltOli'r'S SECON/J A/J/JITION T/J ,IIACNOL IA BEACH ACCOR/JIIYe T() INSTRLJ,/IENr RECOR/JE/J IN VOLI/AlE Z, PACE .IS! OF THE PLAT RECOR/JS OF CALH/JI/N C()WTY. !E,fAS. 15.6 LOTS 1-5. BLOCK 22 If.A. JACKSON AND WIFE. M.l.RV LOU JAeKS~ TO llKDA HARVEY AND HUSBANO, ROBERT HARVEY VOlUI.( 417. PAGE '119 orF'ICIAl RECORDS '" t; ~ ~ 10' ALLEY ~ @-IJ @!] o TREE SRS 5/8 INCH OIAIoETER STEEL REBAR SET SRF 5/8 INCH OIAIoETER STEEL REBAR FOUND CM CONTROLL [NO MONUMENT LOT 2 ~ ~ @ o:-J] @Q} NOTE: 1. THi 5 SURVEY WAS PREPARED WiTHOUT THE BENEF iT or A CURRENT COMMITMENT FOR TI nE INSURANCE. 2. BEARINOS BASED ON THAT CERTAIN MALLORY'S SECOND ADO IT] ON TO !.!ACNOLl A BEACH ACCORD I NG TO INSTRUMENT RECOROED IN VOLUME Z. PACE 351 OF THE PLAT RECOR.DS OF CALHOUN COUNTY, TEXAS. 3. ACCOROINO TO THE FLOOD iNSURANCE RATE MAP (F' RM) FOR THE COUNTY OF CALHOUN. TEXAS, COMMUNITY PANEL NUMBER 480097 0152 C. MAP REVISED JANUARY J. 19B5. THE SUBJECT PROPERTY IS LOCATED IN ZONE V18 WHICH IS A SPECIAL FLOOD HAZARD AREA WHERE BASE FLOOO ELEVATIONS AND FLOOD HAZARD FACTORS HAVE 'BEEN OETERMINEO, 8 .; ~l(l _ lil 0:;/ ------. ou iO- .... ~ ['- CIl LOT 3 ~w!,.~~'<< \>.l\~1).,1)., ~~~~ ~ j&.\l1l1 ~(\l). 'ij,1~&\~ LOT 4 GRAPHIC SCALE IN FEET ,..---~ o 20 40 60 , 80 ( SURVEYOR'S CERTIFICATE ) oceAN JJ/?/V.c (80' Pr/BUC /?/CHJ'-OF-IYA n ASPHALT PAVEIfEHT PROJECT. BOr/HOARY $r/RYKY TWO 0.116 ACRE TRACTS OF L.AND OON BY: J. T.R, DATE. 08/26/0B FILE. S1690. SCALE: 1 H~ 20' CllENTl JOHN R. BRIMER '" ROBERT E. HARVEY ( JOB: S16901 ) 18/23/21!98 3:25 PM This DocUlent has been received by tbisOffice for Recording into the Official Public ReC01'ds, lie do bl!1'eby swear tbat IIf do not discrilinate due to Race, Creed, Color, Sex 01' National Origin. Filed for Record in: Calhoun County Honorable Anita Fricke ~~ .pu{y Instr.: IB998 Stamps: 7 Pagels) DEPARTMENT OF STATE HEALTH SERVICES (DSHS) CONTRACT NO. 2009-030375 WITH CALHOUN COUNTY EMS IN THE AMOUNT OF $6,000 FOR THE PURCHASE OF STRETCHERS AND AUTHORIZE COUNTY JUDGE TO SIGN: A Motion was made by Commissioner Lyssy and seconded by Commissioner Fritsch to approve the Department of State Health Services (DSHS) Contract No. 2009-030375 with Calhoun County EMS in the amount of $6,000 for the purchase of stretchers and authorize Judge Pfeifer to sign. Commissioners Galvan, Lyssy, Fritsch, Finster and Judge Pfeifer all voted in favor. is DEPARTMENT OF STATE HEALTH SERVICES This contract, number 2009~030375 (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). 1. 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 $6,000.00, and the payment methodes) shall be as specified in the Program Attachments. 3, Funding Oblhmtion. 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 agency consolidation, or any other disruptions of current appropriated funding for this Contract, DSHS may restrict, reduce, or terminate funding under this Contract. 4. Term of the Contract. This Contract begins on 1 % 1/2008 and ends on 08/3112009. DSHS has the option, in its sole discretion, to renew the Contract as provided in each Program Attachment. DSHSis 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: 2009-030375-001 EMS - LOCAL PROJECTS c. General Provisions (Sub-recipient) d. Solicitation Document(s) RFP #EMS/LPG-0278.1,and e. Contractor's response(s) to the Solicitation Document(s). f. Exhibits A. Any changes made to the Contract, whether by edit or attachment, do not form part of the Contract unless expressly agreed to in writing by DSHS and Contractor and incorporated herein. 92648-1 . , 7. Conflictin~ 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 LAVACA, TX 77979-3415 Vendor Identification Number: 17460019239001 9. Entire A~reement. The Parties acknowledge that this Contract is the entire agreement of the Parties and that there are no agreements or understandings, written or oral, between. them with respect to the subject matter of this Contract, other than as set forth in this Contract. 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:-&~~Pff SIgnature /0.- 2-- 7.- -0 ~ Date Date Bob Burnette, C.P.M., CTPM Michael J. Pfeifer, Calhoun County Judge Printed Name and Title Director, Client Services Contracting Unit 211 S, Ann Street, Suite 301 Address 1100 WEST 49TH STREET AUSTIN, TEXAS 78756 Port Lavaca TX 77979 City, State, Zip (512) 458-7470 361-553-4600 Telephone Number Bob.Burnette@dshs.state.tx.us mike.pfeifer@calhouncotx.org E-mail Address for Official Correspondence 92648-1 I ,-. 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 ARTICLE II Section 2.01 Section 2.02 Section 2.03 . Section 2.04 Section 2.05 Section 2.06 Section 2.07 ARTICLE III Section 3.01 Section 3.02 Section 3.03 Section 3.04 Section 3.05 Section 3.06' ARTICLE IV Section 4.01 Section 4.02 Section 4.03 Section 4.04 Section 4.05 Section 4.06 ARTICLE V Section 5.01 Section 5.02 Section 5.03 Fiscal Year 2009 Department of State Health Services Contract General Provisions (Core/Subrecipient) T ABLE OF CONTENTS CO MPLIAN CE AND REPO RTIN G.......................... .............~................................l Compliance with Statutes and Rules.........~.............................................~...........1 Compliance with Requirements of Solicitation Document. ..............................1 ~epo rtin g~ ...... ... ....... ....... ... ..... ......... ........... ... ........... ........ ...................................... ............... ~.... ...........1 .Cli en t Eligibility. ......... ........................... ......-:... ........... .... ............. ........~... ....... ..... ..~.1 Applicable Contracts Law and Venue for Disputes...........................................l Applicable Laws and Regulations Regarding Funding Sources.......................l Statutes and Standards of General Applicability. .............................................2 Applicability of General Provisions to Interagency and Interlocal Contracts.. .................................................................................................................................4 Civil Rights Polic'ies and Complaints. ........~.....................~..................~...............5 SER VI CE8... ............................ ......... ............. ............. ...... .~. ..... ......... ......... ..... ...... ....5 Education to Persons in: Residential Facilities.....................................................5 Disas ter Se .rvi~es. ..... ....... ........... ............... ...... ............. ............. ...........'......... ..........5 Consent to Medical Care of a Minor....................................................................5 T clem edicin e Medical Se.M"ices. .......... ................ ..... .... ..... .~.. ......~....... ......'. ......" ... 6 Fees for Personal Health Services. ......................................................................6 Cost .:Effective Purchasing of Medications. .........................................~...............6 Services and Information for Persons with Limited English Proficiency. ......6 FUNDING. ......... ... ....... ... ...... .................................. ....... ...... .......... ...~........... .... .............7 Debt to .~tate and' Corporate Status. ......................................................~............ 7 Applica~on of Payment Due. ........~........~......................~.~..................................... 7 Use of Funds. ......~.............. ..................... .................... ..... .................. ......... ............. 7 Use for Match Prohibited. ................................................................~.................... 7 Program In co me........... ... ..... .............................. .... ........ ...... .~.... ... ...... ....... ...... ...... 7 No nsn p planting. . ...... ...... ... ... ......... ...... ............. ......... 11;... ... ......... ......... ....... ...... ...... 8 PAYMENT METHODS AND RESTRICTIONS ..................................................8: Payment Methods.... ....... *;......... .......... ....... .................... ........ ... .... ... .......... ...... ...... 8 .B,illing Sub ~issio D. ~.. .... ... ...... .... ........ .... ............... ...................... ...... ......... ........ ....8 Final' Billing Sub mission. ......... ..... ............ ......... ...~... .......... ..... ~........ ... ..... ........ .... 8 Working Capital .Advan ce. ... ................................... .... ... .......... ............ .... ......... .... 8 Financial Status Repo rt~. (FSRs) .................~._..~.~~~~...... .......~... ..... ........... .... .......... .....9 Third Party Pay 0 rs. .... ...~......... ............~.... ... ...: .... ....... ...... .... ...... ..... ....... ....... ....... 9 TERMS AND CONDITIONS OF PAYMENT ......................................................9 Pro m p t P aym en t. .... .... ... ... .... .... ................... .... ........... ..... ..... ... ........... ........... ... ....9 Wi thh 0 Idin g P: aym en ts. .. ... ........ ... ............ ... ...... ......... ........... ...... ..... ...... ....... .......9 Condition Precedent to Requesting Payment...................................................l0 General Provisions (Core Subrecipient 2009) Table of Contents 6/5/08 Page I of 4 Section 5.04 Section 5.05 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 VIll Section 8.01 ARTICLE IX Section 9.01 Section 9.02 Section 9.03 ARTICLE X Section 10.01 Section 10.02 Section 10.03 Section 10.04 Section 10.05 Section 10.06 Section 10.07 Section 10.08 Section 10.09 ARTICLE XI Section 11.01 Section 11.02 Section 11.03 Section 11.04 Section 11.05 Section 11.06 Section 11.07 ARTICLE XII Section 12.01 Employees. Section 12.02 10 , Acceptance as Payment in Full. ............~.............................................................10 No Fee or' Profit. .......................................................................~..............~...........1 0 ALLOWABLE 'COSTS AND A UDITREQ UIREMENTS ..........~......................1 0 All owa b I e Costs. .......... ....... ... ..~ ....... ..... ............. ........... .... ..~... .....~...... ...... ..... ... ...1 0 Independent Single or Program-Specific Audit. ......~.......................................11 Sub miss ion 0 f Au dit. ... .... ...... .......... ....... ..... ................. ......... ........... .......... ...... ...12 CO NFID ENTIALITV ... ............. ........... .......... ..... ........ ... .......... ... ............ ... ...... ...12 Main tenance of Confidentiality. ................~.......................................................12 Department Access to pm and Other Confidential Information. .................12 Exchange of. Clien t- Iden tifying Inforination~ ...................................................12 Security of Patient or Client Records................................................................13 HIV I AIDS Model Workplace Guidelines. ........................:...............................13 REeo RDS RETENTION . .... ...... ..................... ......... ..... .... ...... ........ ....... ..... ......13 Reten ti 0 D. ............... .............. ..................... .................... ... .... ........................... .... .13 ACCESS. AND INSPECTION ... ..... ...................~. ............... ..................... ... .......... ..14 Access. ..... ............................. ............ ......... ....... ............. .......... .................... ... ......14 . State Audito r' s Office. ..........................................................................................14 Responding to . Deficiencies. ......... .~.......... .......... .... ...... ...................~................... .14 N OTI CE' REQ UlREMENTS ..........................................~......._.......~......................14 Child Abuse Reporting Reg uirement...........................;....................................14 Significant In cid.en ts. ................. ............... ............. ............... .... .... ....~.................. ...15 Litiga ti 0 D..... .................. ...... ............... ................................... .... ..... ... .... ...... ..... ....15 Attion Against the Contractor. ................~..............~..........................................15 Inso Iven cy. . ..........~... ........... ........ .............. ....... ............................... ............. ........ ..15 Misuse of Funds................................. ............. .... .................;... ..~.......~................. .15 Criminal Activity and Disciplinary .Action.............................~.........................16 Retaliation Pro bibited. .... ........... ...... ....... ... ... ..................................... ............... ..16 D oeu men fa ti 0 D. ... .... .......... ..... ... .... .................. .................. ... ............. ..... ..... ....... .16 ASSURANCES AND CERrIFI CATIONS ..........................................................16 C ertifica ti 0 D. .. ... ... ..... ..~.... ....... ...... .......... ...... ... ...... ......... ........ ....... ... ..... ............ .....16 Child Support Delinquen cies. ............................................................................17 Au th 0 riza ti 0 D........ ................. ...... ... .......... ........... ............ ....... ... ... ............. ......... ...17 Gifts and Benefits Pro bib ited... .... ...... ......... ...... ........ .... .......... ..... ..................... .18 Ineligtbility to Receive the Con tract. ..............................................~..................18 Antitrust. ... .... ...... ..... .......~~........ ... ...~... ......... ...... ..~ .....~.................. ........~............... .18 Initiation and Completion of W ork.....................................................................l8 GENERAL BUSINESS OPERATIONS OF CONTRACTOR...................~...18 Responsibilities and Restrictions Concerning Governing Board, Officers and . ..... ....... ..... .....!... ........ ......................... .......... ....... .......... ........ ...... .... .......~..... ........ .18 Managemen t and Control Systems....................................................................19 General Provisions (Core Subrecipient 2009) Table of Contents 6/5/08 Page 2 of 4 Section 12.03 SeCtion 12.04 Section 12.05 Section .12.06 Section 12.07 Section 12.08 Section 12.09 Section 12.10 Section 12.11 Section 12.12 Section 12.13 Section U.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 Ins uran ce. ..... ......... ........... ......... ...... ..... ................ ....... ... ...... .......... ........ .... ... ......20 Fid eli'ty Bo ~ d. ............. ....... ......... ..... .... .......... ....... ... ..... ... ...... ...... ............ ......... ...2 0 Liab ili 'ty Coverage. .......~.. .... ...................... ......... ........................... .... ................ ..20 Ov ertim e Co m p ens a ti 0 n.. ..'.. ......................... ......... ......... .............. ........... ...........20 Progra m Site. ........................ .... ....... .......... ..... ....... ........ ... ....~.....~... ..................... ..20 C os t Alloca tio n . Plan.. ................ ......................... ....... .............. ..... ..................~....20 Reporting for Unit Rate and Fee For Service Contracts.................................21 Historically Underutilized Businesses (HUBs). ................................................21 :I;I uy Texas. ........ ............. .... ........ ...... ~..... ........... .....~............. ........ .... ...... ....... .........21 Contracts with Subrecipient Subcontractors. ..................................................21 Statu S 0 f Su beo n tra cto rs. ...................... ........ ....... ................... .... ... ........ ... ..........22 In co rpo ration of Terms. .... ...... .......... .......... ....... .................. ...... ........ .......... ......22 In d epen d en t Con tracto r~ .... ....... ...... ................~.... ........... ............ ....... ... ............ ..22 A uth 0 rity' to Bind. ............... ...~............ ........... .......................e:... ...-........ ...... .... .... ..22 Tax' Liability. ...... ...................... ..... ......~...... ..~............... .................................. .....22 Nonce of Organ~atioD al C.hsnge. ..............................~.......................................23 Quali'ty Managenien t. .............. ....~.... ........... ............................... ....... ... ..... ...... ....23 Equipment (Including Controlled Assets) Purchases. .....................................23 S upp.li es. ............... ......................... ........................................ ....... ........... ........... ....23 Changes to Eq nip m en t List~ ..... ..... ~.... .................. ..................... .......... ..... ...... ....23 'Property Inventory and Protection of Assets. ..................................................23 Bankruptcy. ............... ..... ... ..... .....~ ................ ...... .............. ......... ... ....... ...... ........ ..24 Title to Pro pert}'. ............ .......... ....... ................ ........... ~...... ... ...................... .... .....24 Pro pe rty Acquisitions... ........... ................... ... ....................... ...... ~.... ........ ...........24 Disposition of Pro pert}'. .. ....... ...... ............... ....... ........... ..... ............ ......... ....~.......24 CI oseo uf of Equip m en t. ............ ......... .... ..... .................. ........ ........... .... ....... .........24 Assets as CoII~teral.Prohibited. ....................~~..........................~........................24 GENERAL. TERMS.. .......... ........... ......................... ...~. ............................. ....... ...25 Assignment............................................................................................................25 Lobbying. .............................. ....... ............................................~...........................25 Conflict 0 f .Iil.terest. ..... ....... ......... ....... ........ ..... ................ ........ ...... .... ....... ......... ..25 Transactions Betw-een Related Parties. .............................................................25 In teU ectual Pre:) pel-ty . ...... ..... ... .........~........ ..... .............. ............. .... ........... ............26 Other In tangible Property. . ............. .................... ............ ~......... .......... ~.............2 7 Severa b ili'ty and Amb iguity'. ....~. ..... ........ ..... ........ ...................... ............. ..... .... ..2 7 Legal Notice. ... ..... .... ... ........ ..... ... .......... ........ ... ...... ............................ ........ ..... ... ..2 7 Success 0 rs. .... .... ......... .... ........ ........ ................... .......... ..... ...~.. ...... ....... ....... ..... .....2 7 H eadin gs.. ...... ........ ..... ...... ..... ..... ........ ........ .... ...... ...... ... ........ ......... .,... ~.......... ... ....2 7 P arti es.. ..... .... ........ ...... ..... ... ..... ..... .... ..... ......... ......... ....... .............. .......... ... ... .... ....2 7. S urviva b ill 'ty of Terms. ......... ...... ................ ..... ...................................... .............27 Direct 0 p era ti 0 D. ..... .......... .... ..... .......... ..... ....... ........ ... ... ....... .................... ..........27 Custo me r Se rvi ce Info rma ti 0 D. ..... .............. .... ...... ... ............................... ..... .... .28 Amen dm en t. ......... ....... ..................... ......................... ............................ ... ...... .....28 Contractor's Notification of Change to Certain Contract Provisions. ..........28 Contractor's Request for Revision of Certain Contract Provisions. .............28 Imm unity" Not Waived. .......... ...................................................... .......................29 General Provisions (Core Subrecipient 2009) Table of Contents 6/5/08 Page 3 of 4 Section 13.19 Section 13.20 Section 13.21 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 ARTICLE XVII Section 17.01 Section 17.02 Section 17.03 ,ARTICLE XVIII . Section 18.01 Section 18.02 Section 18.03 Section 18.04 Section 18.05 Section 18.06 . Hold Harmless and Indemnification. ........................-:.......................................29 Waiver. ....... ......... ..... .................. ...... ..... .............. .... .... ............. .... ....... ... ~........... ..2 9 T echn 0 I o~ Accessibility. .. ... .............. .......... ... ....... ...... ......... .......... .......... ..... .... ..2 9 BREACH OF CONTRACT AND REMEDIES FOR NON-COMPLIANCE... ...............................................................................................................................30 Actions Constituting Breach. of Contract. .........................................................30 General Remedies and Sanctions. ..........~...........................................................30 Notice of Remedies 0 r San ctions. ......................................................~.................32 Em e rg~n cy A cti 0 D. ........ ... 11:.............................. ......... .... ............. ...... ......... ........ ... ..33 CLAIMS AGAINST THE DEPARTMENT ....................................................33 Breach of Contract C laim. ~ ....................... ........ ... ....... .............. ......... ............... ..33 No tice. ....... ....... ............... ............. ...... ......... ............ .... ........~.. ..... ... ......... ..............33 S~ Ie Remedy. ............ .......... ......... ..... ....... ............~.................. ....... .......................34 Con di tio n Preced en t to :8 ui t. ........... ........ ..... ..~..... .......... ........ ............. ...... ..... .... .34 Perf orman ce No t S uspen d ed. ..... ..... ......... ......... .... ..... .............. ........... .......... ..... ~34 TERMINATION ....... .......~...... .......... ..... ... ... ... ...................... ............. ....... ......... .34 . Expiration of Contract or Program Attachment(s). ...............~........................34 Effect of Termination. .... ... ........~... ....................... ..................... ................... .... ..34 Acts Not Constituting Termination. ...................................!t..............................34 T ermina tio n With 0 uf C a use. .. .......... .... ........ .... ...... ...... ......... ... ......... ... ................35 Termination For ea use. ..~.... ... .............................. ....... .... ................. ..... ............35 Notice of T ermina tio D. ....... ...... ........ ........ ...... ....... ........ ......~...... .... ... ........ ..........36 VOID, SUSPENDED, AND TERMINATED CONTRACTS.........................36 Void .C on tracts. ....... ............~. ..........~... .,.~~~..~ ...... .... ... .........................~ ....... ... ..........36 Effect of Void, Suspended, or Involuntarily Terminated Contract. ..............36 Appeals Rights...... .... ~ .... ..... ~.. .......... ........ .~.......... ... ~............. ................ .... .........~.3 7 CLOSEOUT AND CONTRACT RECONCILIATION ..............................~.37 C essa tio n of Servi ces At CI os eo uta ...... ..... ~.~. ....~. ........ ...~.~.......~... .!.. ...~............. ..3 7 A d~inistrative Offset. ... .... ..... ............... ......... .... ..~ ................. ................. ......... ..3 7 Deadlin e for etos eo u t. ...... ..........~. ......~~..... .......... ... .............~..... ....... ....... ............37 . P aym en t of Refun ds. ... ........ ......~..~..-.......... ... ...... ..... ...... ..' ............~.. .......... ~ ... ..........3 7. . Disallowances and Adjustme~ts. ........................................................................~7 C <<;J ntract Reco.n cilia ti 0 n. .. ~ ........ ....... ....... ......... .... ...... ........... ......... ... ............ ..... ..3 7 General Provisions (Core Subrecipient 2009) Table of Contents 6/5/08 Page 4 of 4 Fiscal Year 2009 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 and rules as such statutes, regulations and rules currently exist and as they may be lawfully amended. The Department rules are located in the Texas Administrative Code, Title 2S (Rules). To the extent this Contract imposes a higher standard, or additional requirements beyond those required by applicable statutes, regulations or the Rules, the terms of this Contract shall control. Sectionl,02 Compliance with Requirements of Solicitation Document. Except as specified in these General Provisions 01' 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 h~ 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 Rep()rting.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 Department. . Section 1,04 Client EligibilitY. , Where applicable, Contractor shall use financial' eligibility criteria, financial assessment procedures and standards developed by the Department to determine client eligibility. ' Section I.OS'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 },06 Applicable Laws and Regulations Regarding Funding Sources. Whereapplicable, 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 1981 (UGMA), Tex. Gov. Code Chapter 783, as amended, and Uniform Grant Management Standards (UGMS), as amended, by revised federal circulars and incorporated in UGMS by the Governor's Budget, Planning and Policy Division. UGMA is located on the Internet at http://tl02.t1c,state.tx.us/statutes/statutes.html; the UGMS are located on the General Provisions (Core Subrecipient 2009) 6/5/08 Page 10f38 < . Internet at http://www.governor.state.tx.us/divisions/stategrants/ guidelines/fileslU GMS062004. doc. 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 ~_.14, If applicable, Contractor shall comply with the Federal awarding agency's Common Rule, as specified on the Internet at http://whitehouse.gov/omb/grants/chart,html, and the U.S. Health and Human Services Grants Policy Statement located on the Internet at http://wwW.hhs.gov/grantsnetldocs/HHSGPS 107,doc. For contracts funded by block grants, Contractor shall comply with Tex. Gov. Code Chapter 2105. Section] .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 $.e 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 oftheCivil RightsAct of 1964, 42 USCA g~ 2000d et seq.; 2) Title IX of the Education Amendments of 1972,20 USCA ~~ 1681~1683, and 1685-1686;3) Section 504 of the Rehabilitation Act of 1973,29 USCA s. 794(a); 4) the.Americans with Disabilities Act of 1990,42 USCA g~ 12101 et seq.; 5) Age DiscrimInation Act of 1975,42 USCA ~s 6101-6107; 6) Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970, 42 USCA 9 290dd (b)(1); .7) 45 CFRParts 80, 84, 86 and 91;8) U.S. Department of Labor, Equal Employment Opportunity E,O. 11246, as amended and supplemented; 9) Tex. Lab. Code Chapter 21; 10) Food Stamp Act of 1977 (7 USC S 200 et seq.; 1 I) Executive Order 13279,45 CFR Part 87 or 7 CFR Part 16 regarding equal treatment and opportunity tor religious. organizations; and 12).. DSHSPolicy AA-5018, Non-discrimination Policy for DSHS Programs; b) DrugAbuse Office and Treatment Act of1972, 21 USCA~~ 1101 et seq.,relatingto drug abuse;. . . '. . c) . Public Health Service Act of 1912, ~~. 523 and 527, 42 USCA l290dd'-2, and 42 CFR Part 2,. relating to confidentiality of alcohol and drug abuse patient records; . d) . Title VIII of the Civn Rights Act of 1968,42 USCA ~~3601 et seq" relating to nondiscrimimition in housing; . e) Immigration Reform and Control Act of 1986,8 USCA ~ 1324a,regarding employment . verification; . . .. . f) Pro-Children Act of 1994, 20 USCA ~~. 6081-6084, regarding the non-use of all tobacco ~~;. ... ..... ...... . g) National Research Service Award Act of 1971,42 USCA~S 289a,-1 et seq.,and 6601 (pL 93- 348 and PL 103-43), as amended, regardin~ human subjects involved in research;.. h) Hatch Political Activity Act, 5 USCA ~S 1501-1508 and 7321-26, which limits the political activity of employees whose employment is funded with federal funds; i) Fair Labor Standards Act, 29 USCA 99 201 et seq., and the Intergovernmental Personnel Act of 1970,42 USCA SS 4701 et seq., as applicable, concerning minimum wage and maximum hours; j) Tex. Gov. Code Chapter 469, pertaining to eliminating architectural barriers foi-persons with. disabilities; . .1 I General Provisions (Core Subrecipient 2009) 6/5/08 Pag~ 2 of38 . . k) Texas Workers' Compensation Act, Tex. Lab. Code, Chapters 401..406 and 28 Tex. Admin. Code Part 2, regarding compensation:for employees' injuries; 1) 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 underthe National Environmental Policy Act of 1969,42 USC gg 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 pursuantto Executive Order 11990,42 Fed. Reg. 26961; 4) Evaluation offlood 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 g~ 1451 et seq.;6) Federal Water Pollution Control Act, 33 USC ~1251 et . seq.; 7) Protection of underground sources 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) Conforrnityoffederal actions to state clean . air implementation plans under theClean Air Act of 1955, 42 USC~7401 et seq.; lO}Wild and. Scenic Rivers Act of 1968 (16 use ~~ 1271 et seq.)related to protecting certain rivers system; and 11) Lead.-BasedPaiI:lt Poisoning Prevention Act (42 use ~~ 4801etseq.) prohibiting the use of lead-based paintirl residential construction or rehabilitation; p) Intergovernmental Personnel Act of 1970 (42 use ~~4278M4763) regarding personnel merit systems.forprograItis specified in Appendix A of the federal Office ofPrograrn . . 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 Iteal Property Acquisition Policies Act of 1970 (pL 91-646), relating to fair treatment of pers'ons displaced or whose property is acquired as a resUlt 6fFederal or federally-assisted programs; . r)Davis-Bacon Act (40 use g~ 276a to 276a-7), the Copeland Act (40 U.S.C. ~ 276c and 18 USC ~ 874), and the Contract Work Hours arid Safety Standards Act (40 use ~~ 327-333), regarding labor standards for federally~assisted constniction subagreements; . s) National Historic Preservation Act of 1966,S106 (16 USC ~ 470), Executive Order 11593, and the Archaeological and Historic Preservation Act of 1974 (16 USC ~S 469a-1 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 .General Provisions (Core Subrecipient 200.9) 6/5(08 Page 3 of38 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 G~ant Award are imposed on Contractor and incorporated herein by reference. 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 units of local government; and certain additional provisions s1J.all apply to such Co.ntractors. . a) The following sections or portions of sections o.fthese General Provisians shall nat apply to interagency or interlocal co.ntracts: 1) Hold Harmless and Indemnification, Sectian 13,19; 2) Independent Contractar, Sectio.n 12.15 (delete the third sentence in its entirety; delete the . word "employees" inthe fo.urth sentence; the remainder o.fthe section applies); 3) IIisurance, Sectio.n 12;.03 ~ 4) Liability Caverage, Sectio.n 12.05; 5) Fidelity Bo.nd, Sectio.n 12;04; 6) Histarically Underutilized Busine~ses, Sectio.n 12.10 (Co.ntracto.r,. ho.wever, shall comply with HUB requirements o.f ather statutes and rules specifically applicable to. that entity); 7) . Debt to. State and Co.rpo.rate Status, Sectio.n 3.01; ... 8) Application af Payment Due, Sectio.n 3.02; and 9) . Article XV Claims against the Department (This Article is inapplicable to. interagency contracts o.nly). I b) . The fo.llawing additional pro.visians shall apply to. interagency contracts: . . 1) This Co.ntract is entered into. pursuant to' the autharity granted and in co.mpliance with the . provisions aftheInteragencyCao.peratianAct,Tex. Go.v. Co.de Chapter}71. . 2) The Parties. hereby certify that (1) the services specified are necessary and essential far the activities that are'pro.petly within t1J.e'statuto.ryfunctians and programs of the affected agencies of State gavernment; (2) the proposed arrangements serve the interest of efficient and ecanamicaladministration afthe State govenunent; and (3) the services, supplies or materials contracted fo.r are nat required by Section 21 o.f Article 16 o.f the Co.nstitution of the State o.fTexas to. be supplied under contract given to the Io.west responsible bidder. 3) DSHScertifies that it has the authority to. enter into. this Contract granted in Tex. Health & Safety Co.de Chapter 1001, and Cantractor certifies that it has specific statutory authority . to. enter into and p.erfo.rm this Co.ntract, c) The fallawing additional pro.visions shall apply to. interlacal co.ntracts: 1) . This Co.ntract is entered into. pursuant to the authority granted and in compliance with the provisians of the Interlocal Caoperfltion Act, Tex. Gav. Cade Chapter 791. 2) Payments made by DSHS to Contr'.lctar shall be fram current revenues available to DSHS. 3) Each Party represents that it has been autho.rizedto enter into this Contract. d) Contractor agrees that Co.ntract Revisiqp. Requests, when -signed by a duly autharized representative of Contractor, shall be effective as of the effective date specified by the I I I I General Provisio~s, (Core Subrecipient 2009) 6/5/08 Page 4 of38 Department, whether that date is prior to or after the date of any ratification byj:ontractor's governing board. 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 . . . civil rights policies and procedures. Contractor must notify HHSC's Office of Civil Rights of any civil rights complaints received relating to performance under this Contract no more than ten (10) calendar days after Contractor's receipt of the Claim. Notice must be directed to- HHSC Civil Rights Office 701 W.51st St., Mail CodeW206 Austin, Texas 78751 Toll-free phone (888) 388-6332 Phone (512) 438-4313 . TTY Toll-free (877) 432-7232 Fax (512) 438-5885 . ARTICLE n SERVICES i i . .' . . . . Section 2.01 Education to Persons in Residential Facilities. If applicable, Contractorshall 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 YOWlget, have access to educational services .as requited byTex, Educ. Code ~ 29.012. Contractor shall notify the local education agency or local early iritervention program as prescribed by Tex, Educ. Code ~. 29.012 not later than the third calendar day after the date a person whQ 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, inciuding natural, mari-made,criminal, terrorist, and/or. bioterrorism events, declared as. a state disaster by the Governor, or a federal disaster by the appropriate federal official, Contractor may be called upon to assist DSHS in providing services, as . appropriate, in the following areas: community evacuation; health and medical assistance; assessment of health and medicaJ. needs; health surveillance; medical care personnel;. health and medical equipment and supplies; patient evacuation; in-hospital care and hospital facility status; food, drug, .. . and m.edical 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. Disast~r 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 subcontractors, 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 . . General Provisions (Core Subrecipient 2009) 6/5/08 Page 5 of3 8 I non-parent or child or pursuant to other state law. If requirements of federal law relating to consent directly conflict with Tex. Pam. Code Chapter 32, federal law shan supersede state law. Section 2.04 Telemedicine Medical Services. . Contractorshall ensure that if a provider uses telemedicine/telepsychiatry that the ser:vices are implemented in accordance with written procedures and using protocol approved by the Contractor's medical director and utilizmgequip~ent 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 ~ontractor's medical director or designated physician responsible for medical leadership; 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 competencym the operations of the system by allstaffmembers who are .. involved in the operation of the system arid provision of the services prior to initiating the , protocol; , g) priority in scheduling the system for clinical care of individuals; h) quality oversight and monitoring of satisfaction of the individuals served; and , . i) management otinformation and do~umentation for telemedicine services that ensUres timely access to accurate information between the two sites. . Telemedicine Medical Services does not include chemical dependencY,treatmentservices provided by electronic means uncier Rule S 448.911. . . . Section 2.05 ,Fees for Personal Health Services. . Contractor may deveIopa system and schedule offees for personal'health services in accordance with the provisions of Tex. Health & Safety Code S 12,032, DSHS Rule ~1.91 covering Fees for Personal Health Servi~es, and other applicable laws or . grant. requirements. The amount of a fee shall not exceeq 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. Ifmedications are funded ,under this Contract, Contractor shall make needed'medications available to clients at the lowest possible prices 'an~ use themost 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 servjces 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 ~ocument on the client records the primary" , , language/dialect of a,clientwhci has limited English profici~ncy mid the needJor translation or . interpretation services ~d shall not require a client to provide or pay for the services of a translator or interpreter, Contractor shall make every effort to avoid use of any persons under the age of 18 ,or General Provisions (Core Subrecipient 2009) 6/5/08 Page 6 of38 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 ~ 403.055, the Department will not approve and the State Comptroller will not issue payment to Contractorif Contractor is indebted to the State for any reason, including a tax delinquency. Contractor, if a .. corporation, certifies by execution ofthis Contract that it is currenfand 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 99 171.001 et seq., as amended). 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 frapchise tax is paid in full:. . . . Section ),02 ' Application of Payment Due. Contractor agrees that any payments due under this Contract will be applied towards any debt of Contractor, inchiding but not limited to delinquent taxes and child support 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 allowabieexpenses directly related to those' . ' servIces. Section 3.04 Use for Match Prohibited.. Contractor agrees furids provided through this Contract shall not be used for matching purposes in securing other fundirigunless 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 Attach.1nent and/or earned only as a result of a , , Program Attachment during the term of the Program Attachment are consi4ered program income, . Ui1.less otherwise required under the terins 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 shan be spenton the same Program Attachmentproject 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 the 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~ ,.. General Proyision~ (Core ~~brecipient 2009) 6/5/08 Page 7 008 i , I I I billing, collecting, and reporting prognim income, and in utilizing it for the purposes and conditions . n . 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 ofthis 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 local funding, if any, resulted for reasons other than receipt or expected receipt of fimding under this Contract. . ARTICLEIV PAYMENT METHODS AND RESTRICTIONS Section 4.01 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: I' a) .. cost reimbursement. Thispa.yment 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'paynient method is based on a specified rate(s) or fee(s) for a specified unites) of service, as stated.in the Program Attachment(s) and acceptable submission of all required forms and/or deliverable(s). , ' 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), 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. UIilessotherwise provicied by the Department, Contractor. shall submit a reimbursement or payment request as afi11alc1ose-out bill not later than sixty (60) , calendar days following the end of the term o~the Program Attachment for goods received and ' services rendered during the term. Ifnecessary 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 t~rm will not be paid: Consideration of requests f<?r 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 destrlIction of a place of business and/or records. A written statement describing the extenuating circumstance and the last request for teimbursement must be submitted Tor review and approval to the DSHS Accounting Section. . , Section 4,04 . Working Capital Advance. IfaUowed under this Contract, a single one-time working capital advance perterm 6fthe Program Attachment maybe granted at the Depai-tm.ent's discretion. Contractor must submit docume~tation to the Division,Contract Management Unit , , General Provisions (Core Subrecipient 2009) 6/5/08 Page 8 0;f3 8 assigned to the Program Attachment to justify the need fora 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 ofthe Program Attachment term for Department review and finan~ial assessment The filial 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 ofthe services provided, including commercial health or liahility 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. asa provider. in Children's Health insurance Plan arid Medicaid itproviding. approved services . authorized under this Contract that maybe . covered by those programs; and, bill those plans for the , covered services;.(b) provide assistance to individuaisto enroll in such programs when the screening process. indicates possible eligibility for such programs.; (c) allow clients thatare otherWise eligible for Department services, but cannot pay a deductible reqUired bya third party payor, to receive . . services up to the amount of the deductible andto bill the Department for the deductible; (d) not bill . theDepID'tment for any services eligible for third party reimbursement until all appeals to third party . payors have been exhausted; .(e) maintain appropriate documentation from the third party payor reflectingattemp~s to obtain reimbursement; (f) 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 t6 this Contract, Departmetit 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 paylnent in accordance with the Texas prompt payment law (Tex. Gov.C<;>de Chapter 2251). Contractor ~ust 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 is 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 or overpayments that Contractor .' . . General Provisions'(Core SubreCipient 2009) .6/5/08' . Page 90f38 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 from funds available under this Contract, active or expired, 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.FeesJorPersonal Health Services section. Contractor shall accept reimbursement or payment from DSHS as payment in full for services or goods provided to clients, and Contractor agrees to not seek additional reimbursement or payment for services or goods fi-om clients. . SectionS.OS No Fee or Profit. Except as provided in Section 2.05, Fees for Personal Health Services, Contractor shall not charge a fee or make a profit with respect to the Contract. A fee or profit is considered to be an amount in excess of actual allowable costs that are incurred in conducting an assistance program.. . . . . " ARTICLE VI .. ALLOWABLE COSTS AND AUDIT REQUIREMENTS... Section 6.01 Allowable Costs. For services satisfactorily perfonned pursuant to this Contract,. DSHS will reimburse Contractor forallowable costs. Contractor must have incurred a cost within the . . . . . applicable term to be eligible for reimbursement under this ~ontract and prior to claimirig reimbursement. DSHS shall determine whether costs submitted by Contractor are allowable and . reimbUrsable. 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.o~ part of any payments to Contractor to offset reimbursement for any ineligible expenditures that Contractor has not refunded to . DSHS, or if financial status report(s) required under the Financial Status Reports section ate not. submitted by the date(s) due~ DSHS Illay take repayment froin funds available under any term of this Contract, active or expir~d, in amoUIit.s necessary to fulfill Contractor's repayment obligations. . Applicable cost prin~iples, audit requirements, and administrative requirements include: Applicable Entity Applicable Cost. Princi les OMB.Crrcular" " A-87 Audit Re uirements " OMB CircUlar A-f33 and UGMS . Administrative Re uirements UGMS, OMB Circular A-102, and "applicable Federal" awarding agency common rule OMB Circular A-lID and applicable Federal awarding agency common rule " State, Local arid Tribal Goveriunents . Educational Institutions OMB Circular A-21 OMB Circular A-B3 andUGMS General Provisio.hS (Core Subrecipii:mt 2009) 6/5/08 Page 10 of38' Non-Profit Organizations For-profit. . Organization other than a hospital and an organization named in OMB Circular A-122 . as not subject to that circular. OMB Circular A-I22 48 CFR Part 31, Contract Cost Principles Procedures, or uniform cost accounting . .. standards that. comply with cost principles acceptable to the. federal or state aWarding agency OMB Circular A-I33 andUGMS Program audit conducted by an independent certified public . accountant in accordance with. Govetnmental Auditing Standards, UGMS;OMB Circular A-lID and applicable Federal awarding agency common rule DGMS and applicable Federal awarding agency common rule . . . . A chart of applicable comtnOIJ. rales is locate& o~ the Internet at. . http://www,whitehouse,gov/omb/grants/chart.html. OMB Circulars will be applied with the modifications prescribed by UGMS.With cffe.ct given to whichever provision imposes the more stringent requirement in the event of a conflict. . Section 6.0'2 Independent .Single orProgram-Specifk Audit~ If Contractorwithin Contractor's ... fiscal year expends a total amount of at least $500,000 in state fundsawardecl or at least $500,000 in . federal fuilds awarded, Contractor must have a. single audit or program-specific audit in accordance with the Office of Management and Budget (OMB) Circ. No. A-133,the Single Audit Act of 1984, P . L 98-502,98 Stat. 2327, and the Single Audit Act Amendments of 1996, P L 104-156, 110 Stat. . .1396, The $500,000 federal threshold amoUnt includes federal funds passed through by way of state .. agency awards. The HHSC Office oUnspector General (OIG)willnotify the Contractor to complete the Single Audit Determination Registration Form. IfCoritractor fails to coinplete the Single Audit Determination Form within thirty (30) days after notification byOIG to d~ 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 on the Internet at . .. . .. . http://www.governor.state.tx.us/divisions/ stategrantsl guidelines/fileslU GMS062004.doc. .Contractor . shall procure audit services. in compliance With this section, state procurement procedures, as well as with the provisions ofUGMS~ Contractor, unless Contractor is a governmental entity, shall competitively re-procure independent single audit services every five (5) years and shall not use the same lead or coordinating audit partner (having primary responsibility for the audit) to conduct the independent audit for more than five (5) consecutive years. Procurement of audit .services must compl.y with the procurement standards of 45 CFR Part 74 or 92, as applicable, including obtaining . . General Provisions (Core. S~brecipierit 2009) . . 6/5/08 Page 11 of 38 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 this section, Contractor shall submit one copy to the Department's Contract Oversight and Support Section, and one copy to the Texas Health and Human Services Commission (HHSC), Office of Inspector General (DIG), at the following addresses: . . . Department 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 Office of Inspector General Compliance/Audit, Mail Code 1326 P.O. Box 85200 Austin, Texas 78708-5200 . . . If Contractor fails to submit the auc;lit report as required by this section within thirty (30) days of . . receipt by Contractor of an audit report, Contractor shall be subject to DSHS sanctions arid remedies for non.:.compliance with this Contrad. . ARTICLE VII CONFIDENTIALITY . Section 7.01 MaiDtenance of Confidentiality. . Contractor must maintain th~ 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 infonnation that discloses confidential personal information or identifies.~y dient served by . DSHS, in accordance with applicable federal and state laws and Rules, including but not limited to 7 . CF:R Part 246; 42 CFR Part 2; 45 CFR Parts 160 and 164 (Health Insurance Portability and' Accotintability Act [HIPAA]); Tex. Health & Safety Code Chapters 12,47,81,82,85,88,92, 161, 181, 241~ 245, 251,534,576,577, 596, 611, and 773; and Tex. Dcc, Code Chapters 56 and 159 and all applicable Rules. . .. . .. . . . .. Section 7,02 Department Access to pm and Other Confidential Information. Contractor shall cooperate with Department to allow Departmentto request, collect and receive PHI and other confidential information under this. Contract, without.the consent of the individual to whom the PHI .relates, f.or funding, payment and administration of the grant program, and for purposes perrpitted . under applicable state and federal confidentiality and privacy laws. Section 7,03 Exchange of Client-Identifying Information. Except as prohibited by otherlaw, Contractor and DSHS. shall exchange PHI without the cons~nt of clients in accordance with 45 CFRg 164.504( e )(3)(i)(B), Tex. Health & Safety Cod.es 533.009 and Rule Chapter 414, Subchapter A or other applicable laws or rules. Contractor shall qisclose information described in Tex, Health l!c . General Provisions (Core Subrecipient 2009) 6/5/08 'Page 120f38. Safety Code ~ 614.017(a)(2) relating to special needs offenders, to an agency described in Tex. Health & Safety Code ~ 614.017(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 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 ora Program Attachment to this Contract, as applicable, or ifthe 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 attempf to obtmn consent from the patient or client to transfer copies ofpatieht or client records to . another entity funded by DSHS upon ternlination of this Contract or a Program Attachment to this Contract~ as applicable, or ifcare or treatment is transferred to another DSHS-funded contractor. Section 7.05 HIV/AIDS Model Workplace Guidelines. If providing 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 GontractorshaU educate employees and clients cqnce~g HIV and its related conditions, inclu(iing AIDS, in a~cordance with . the Tex. Health & Safety Code S 85.112.:.114, A linkto the Model Workplace Guidelines can be .... . found at http://www.dshs.state.tx.us/hivstdlpolicy/pdf/090021.pdf. .. ARTICLE VIII RECORDS RETENTION.' . Section8.01 Retention. Contractor shall retain records in accordance with applicable state and federal statUtes and regulations. At a minimum, Contractor shall retain and preserve all other r~cords; including financial records that are generated or. collected by Contractor under the 'provisions of this CO:ntract, for a period of four (4) years after the termination ofthis 90ntract. Ifservices 'are funded through Medicaid, the federal retention period, if more than four (4) years, shall apply. Contractor shall retain all records pertaining tothis'Contract:fuat are the subject of litigation Of an audit until the. litigation has ended or all questions pertaimng to the audit are resolved. Legal requirements for Contractor may extend beyond the retention schedules established in this section. Contractor shall retainrriedicalrccords in accordance With Tex. Admin. Code Title 22, Part 9, ~ 165.l(b) and (c) or . other applicable statutes and regulations governing medical information. Contractor shall ensure that this provisionconceming 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 termination date of this Contract, whichever is sooner. Contractor shall provide the name and address of the party responsible for storage of records to the Division Contract M~agernent Unit assigned to the Program Attachment. General Provisions (Core Subrecipient 2009) 6/?/08 'Page .13 of3 8 , ..r i ARTICLE IX ACCESS AND INSPECTION Section 9.01 . Access. In addition to any right of access arising by operation oflaw, Contractor, and any of Contractor's affiliate or subsidiary organizations or subcontractors shall permit the Department or any of its duly authorized representatives, as well as duly authorized federal, state or local authorities, including the Comptroller General of the United States, OIG, and the State . Auditor's Office (SAO), unrestricted access to and the rightto examine any site where business is conducted or client services are performed, and all records (including client and patient records, if any), books, papers or documents related to this Contract. If deemed necessary by the Department or the GIG, for the purpose of investigation or hearing; Contractor shall produce original documents. i-elated to this Contract. Further, COlitractorshall'ensure that information collected, assembled or maintained by the Contractor relative to this Contract is available to the Departmentfor the Department to respond to requests that it receives under the Public Information Act. The Department and HHSC will have the right to audit billings both before and after payment. Payments will not foreclose the right of Department and HHSC to recover excessive or illegal payments, Contractor shall ensure .that this provision concerning the right of access to, and examination of, information related to this Contract is included in any subcontractit awards. Section9,02 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 authoriied representative of the SAO. The Contractor understands that the acceptance of funds under this Contract. acts as acceptaiJ.ce of the . . authority of the SAO, or anYStlccessot agency, to conduct an audit or investigation in connection '. . with those.fuD.ds. The Contractor further agrees to cooperate fully with the SAG oritssuceessor in the conduct of the audit or investigation, including providing all records requested, and providing access to any information the SAG 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 subcc)litr.actors through the Contractor, and the requirement to cooperate, is included in any subeontra:ct it awards. . .. . . Section 9.03.. . Responding to Deficiencies. Any deficiencies identified by DSHS or HHSC upon' examination of Contractor's records will be conveyed in writing to Contractor. Contractor shall. submit, by the date prescribed by DSHS, a resolution to the deficiency in a program review or management or financial. audit to.the satisfaction ofDSHS. A DSHS or HHSC determination of either an inadequate or inappropriate resolution of the findings may result in contract remedies or sanctions urider the Breach of Contract and Remedies for Non-Compliance Article of these General Provisions. ARTICLE X . NOTICE REQUIREMENTS Section lO.{)1 Child'Abuse Reporting Requirement. This section applies to mental.health and substance abuse contractors and contr~ctbrs for the foUowingpublichealth progriiins: HIV /STD; F~ily Platming (Titles V, X and XX); 'Primary Health Care; Maternal andehild Health; .and WIC General Provisions (Core Subrecip.ient 2009) 6/5/08 Page 14 of38 .1 i ! Nutrition Services. Contractor shall make a goad faith effort to comply with child abuse reporting guidelines and requirements in Tex. Fam. Cade Chapter 261 relating ta investigations .of reports .of child abuse and neglect. Contractar shall develop, implement and enforce a written policy that includes at a minimum the Department's Child Abuse Screening, Documenting, and Reporting Policy for ContractarslProviders and train all staffan reporti~g requirements. Contractor shall use the DSHS Child Abuse Reparting Form as required by the Department located at . www.dshs~state.tx.us/childabusereporting. Cantractar shall retain reparting documentatian an site and make it available far inspectian by DSHS. Section 10.02 Significant Incidents. In additian ta notifying the apprapriate authorities, Contractor shall report to the Division Cantract Management Unit assigned ta the.Program Attachment sigruficant incidents involving substantial disruption 6fprogramopetation or potentially affecting Department...funded clients .or participants within seventy-twa .(72) hours .of discovery. Section 10.03 Litigation. Contractar shall notify the Division Contract Management Unit assigned to the Program Attachment .of litigation related ta or affecting this Cantract and ta which. Cantractar is a party within seven (7) calendar days of becaming aware .of such a praceeding. This includes, but is nat limited ta an actian, suit .or proceeding befare any caurt .or governmental bady, including environmenta1 and civil rights matters, prafessianalliability,and employee litigation. N()tificatian . shall include the name& afth.e partie~, nature .of the litigatian and remedysaught,inclu~ii1g amount of damages, if any. . . Section 10,04 Action Against the Contractor. Contractar shall natify.the Divisian Contract Management Unit assigned ta the Pragram Attachment if Cantractar has had a cantract suspended Dr terminated far cause by any local, state Dr federal department or agency .or nanprofIt entity .Within three (3) warking. days .of the suspensian .ar terminatian. Such natificatian shall include the reasan for such actian; the name and cantact informatian .of the local, state or federal department .or agency .or entity; the date .of the cantract; and the cantract Dr case reference number. .Ifthe Contractar, as an arganizatian, has surrendered itslicerise or has. had its license suspended ar'revaked by any lacal; . state Dr federal department or agency .or non-profit entity; it shall disclose this informatian within. . three (3) working days .of the suttender;suspensian arrevacation tathe Divisian Cantract . Management.Unit assigned tathe Pragram Attachment by submitting a .one page descriptian th~t . jn~ludes the reason(s) far such actian; the name and cantact infarmatianafthe lacal, state .or federal . ,department .or agency or entity; the date of the ljcense action; and a license or case reference number. Sectian 10.05 Insolvency. Contractar shall natifyin writing the Division CantractManagement Unit assigned ta the Program AttachmentofCantractar's insalvency, incapacity, .or .outstanding . uIlpaidobligatiaIis ta the Internal Revenue Service (IRS) or Texas WarkforceCammissian (TWC) . ~thin three 0) working days .of the date of determination that Contractor is hlsalveilt .or. incapacitated, .or the date .Cantractar discavered an unpaid abligatian ta the IRS .or TWC. Cantractar shal~ natify in writing the Divisian Cantract Management Unit assigned ta the program Attachment .of its plan ta seek bankruptcy protectian within three (3) warking days .of such actian by the Cantractar's baard .of directars. . Sectian 10,06 Misuse ofFund~. Cantractor shall repart ta the Divisian C~ntiactManagement U~t . assigned tathe Pragram Attachffient and to the SAG, any knowledge of debarment, suspected fraud, pragram abuse, possible illegal expenditures, unlawful activity, at vialatianaf financial laws, rilles, General Provisions (Gore Subre<;ipient 2009) 6/5/08 Page 15 of 38. policies, and procedures related to performance under this Contract Contractor shallrriake such . report no later than three (3) working daysJrom the date that the Contractor has knowledge or reason to believe such activity has taken place. Contractor shall make the report tothe SAG at (800) TX- AUDIT, or by Internet at http://www.sao.state.tx.us. , I I I . I . .. Section 10,07 Criminal Activity andDisciplinary Action. Contractor affIrms that no person who has an ownership or controlling interest in the. organization .or who is an agent or managing employee ofthe 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 ifjt 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 volimteer of Contractor, or a subcontractor has engaged in any activity that would constitute a criminal offense equal to or greater than a Class A misdemeanor or ifsuch 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 fmancial matter, federal or state program or felony sex crime. Contractor shall make the reports . required by this sectioIino later than three (3) working days froIll 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 undedhis section is . prohibited fromperfonning 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 applic'able law, rule, or standard to the SAO, 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. 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 ~376,9350r ineligible fot participation iIi federal or state assistance programs; .bY neither it, nor its principals, are presently debarred, suSpended, proposed fot'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 suit against- Contractor for collection of the balance ofa debt; , . . General Provisions (CoreS.ubrecipient 2009)' '6/5/08. Page 16 of38 I I I e) it is in good standing with all state and/or federal agencies that have a cont_ra~ting 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 progranl established under Medicare, Medicaid, of a federal block grant; g) -neither it, nor its principals have within the three-year period preceding this Contract, bas been convicted of orhad a civl.I judgment rendered against them for commission of fraud or a criminal offence 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 $tate antitrust statutes (including those proscribing price fixing between competitors, allocation of customers .betweencompeti~ors and bid rigging), or cortuni.ssibil of . . embezzlement, theft, forgery, bribery, falsification or destruction of records, making false . statements or false claims, tax evasion, obstruction ofjustice, receiving stolen property or any other offense indicating a lack of business integrity or business honesty that seriously and directly affects the present responsibility of Contactor or its principals; h) neither it, nor its principals is presently indicted or otherwise criminally or civilly charged by a g()vernmental entity (federal,state or local) ':Vith the .commission of any offue offenses enunierated in subsection g) of this section; and . .. .. . .i). nehherit; nor its principals within a three-year period preceding this Contract has had one or more public transaction (federal, state or local) terminated for cause or default. . . Contractor shall inClude the certifications in this section, without modification ( except as required to make applicable to the subcontractor), in all subcontracts and solicitations for subcontracts. Where .Contractor is unable to certify to any of the statements in this Article, Contractor shall submit an explanation to the Divisiori Contract Management Unit assigned to the Program Attachment.. If Contractor's status with. respect to the items certified above changes during the term of this Contract, . Contractor shall.inunediatelyn,otify the Division Contract Management Unit assigned to the Program Attachment. Section 11.02 Child Support Delinquencies. As. required by Tex. FaIil. Code ~ 231.006, a child support obligor who is more than thirty (30) c.alendar da:ys.delinqu~nt in paying childstipport and a business entity in which the obligor is a sole proprietor, partner, shareholder, or owner ~th an . . ownership interest of at le3.$t 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~o maintain its eligibility to receive payments. under this Contract, certifies that it is not ineligible to. receive the payments specified in this Contract, and . . acknowledges that this Contract may be terminated and paynient may be withheld if this certification is inaccurate. Section 11.03 Authorization. Contractor certifies that it possesses legal authority to contract for the services set forth in this Contract and that a resolution, motion or similar action has been duly adopted or passed as an officia.lact.ofthe .contractor's governingbody,authorizihg the binding of the organization under this Contract including all understandings and assurances contained. in this Contract, and directing and. authorizihg the.person .identified as the authorized representative oithe General Provisions (Core Subrecipient 2009). 6/5/08. . .. Page} 7 of38 .~'>.. . . . 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 opportunity, 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. , . I Section 11.05 Ineligibility to Receive the Contract. (a) Pursuant to Tex, Gov, Code ~ 2155.004 and federal law, Contractor is ineligible to receive this Contract if this Contract includes financial participation by a person who received compensation from DSHS to participate in developing, drafting or preparing the specifications, requirements, statcmerit(s) of work or Solicitation Docwnent 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 receivethis Contract, if the Contractor or any person who would have financial participation in this Contract has been convicted of violating ft:deral law, or been assessed afedenu civil or administrative penillty, in connection with a contract awarded by thefeder~ goveniment for relief, recovery or recoIlstiuction efforts as a r~sult of HurricanesRita or Katrina or any other disaSter.occurring after September 24,2005; (c) Contractor . certifies that the individual or business entity named iIi this Contract is DOt ineligible to receive the specified Contract under Tex. Gov, Code SS 2155.004, 2155.006 or 2261.053, and ackriowledges that this Contract may be terminated and payment Withheld if these certifications are inaccurate, . I I" . . . . . . . . . . .' . " . . . . . . . . . . . . Section 11.06 Antitrust. Pursuant to 15 USCA Sec. 1, et seq. and Tex. 'Bus. & Comm. Code 9 '. 15.01, etseq. Contractor certifies that neither Contractor,rior anyone acting for the Contractor has violated the antitrust laws of this state or federal antitrust laws, nor commUnicated directly or' indirectlytegarding a bid With aIiy competitor or any other person engaged in such 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 applicab~e time frame J;>rescribed in this Contract. ARTICLE XII' GENERAL BUSINESS OPERATIONS OF CONTRACTOR ,. I . . Section 12..01 ~esponsibilities and Restrictions Conce.rning Governing Board, Officers and Employees. Contractor and its governing board shall bear full responsibility for the integrity of the . fiscal aricl 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 board shall be personally accountable i -I 1 1 I I I . .General Provisions (Core Subrecipient 2009) . ... . 6/5/08 Page 18 'of 38 for all funds and materials received from Department: Within thirty (30) days of the beginning of the term of each Contract (indudingeach renewal of the Contract, if any), each member of Contractor's board shall sign a statement affimiing his or her acknowledgement of personal accountability for Contract funds on a form supplied by Department. New members of the board shall sign the statement within thirty (30) days of becoming a board member., Contractor shall maintain the signed , form for inspection by DSHS. The responsibility of Contractor's governing board 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 board shall ' ensure separation of powers, duties, and functions of board members and staff. Staff members, i~cluding the executive director, shall not serve as voting members of the Contractor's governing , board. No member of Coritractor' s governing board, 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 govemingbody member. related , to ,such peisonin the prohibited degree. These restrictions shall also apply to the governing board, , officers and employees of Contractor's subcontractors. Ignorance of any Contract provisions or other requirements contained or referenced 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.Contr~ctdr shall comply with all the requirements of the Department's ,Contractor's Financial Procedures Manual,Handany ofits , 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 ~erms, conditions;' arid specifications are met. Contractor shall develop, implement, and maintain financial mariagementand control systems that meet or exceed the requirements of UGMS ,and adhere to procedures detailed in Department's ,Contractor's Financial , ,'ProceduresManual. Those requirements shall include at a minimum: .a)financial planning, includ.iri.g the development of budgets that adeql;Ulte1y r~flect all ~ctions . 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 arid application of funds provided Under each Program Attachment. of this Contract, original source documentation substantiating that costs arespecificaUy 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 arid appropriate audits and , resolution of any findings; billing and collection policies; and a mecpanism capable of billing and making reasonable efforts to collect from clients and third parties. . . . . General Proyisi,ons (Core Subrecipient 2009) 6/5/08 Page 19 of 38 Section 12.03 Insurance. Contractor shall maintain insurance or other means of replacing assets purchased with Department funds. Sectiori 12.04 Fidelity Bond. Conttactoris required to carry a fidelity bond or insurance coverage equal to th~ 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 oflosses occasioned by (1) any fraudulent or dishonest act or acts committed by any of Contractor's employees. either individually or in concert with others, artd/or,.(2) failure of Contractor or any of its employees to petformfaithfully his/her duti~s orto account prop~rly for ~linonies and property received by virtue' , of hislher position or employment. Section 12.05 Liability Coverage. Contractor shall also maintain liability insurance coverage, referred to in Tex. Gov. Code ~ 226L102, as "director and officer liability coverage;" :where Contractor is a legal entity that is required to have directors and/or officers. This provision 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 that is required under Texas law to have directors and/or officers: Contractor shaII maintain liability insuraricecoverage in an amount noUess than the total value of this Contract and that is sufficient to protect the 'interests 'of Department in the event an actionable act or omission by a director or officer of Contractor damages Department's interests. ' Section 12.06, Ove,rtime 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 ()vertimepay 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 normalworkirig hours, Funds provicledunder this Contract may he ',used to pay the premium portion of overtime only under the following conditions: 1) with the prior approval ofDSHS; 2) temporarily, in the case of an emergency or an occasional operational bottleneck; 3) when employees are performing indirect functions, such as administration, maintenaI;lce,oz: accounting; 4) in performance aftests, laboratory procedures, or'similar operation~ that are 'continuous in' nature arid cannot reasonably be interrupted or' otherwise completed; 'or 5) ',when.1ower overall cost to DSHS will result. ' , Section 12.07 Program Site. All Contractors shall ensure thatthelocationwhere services are providedis incompliance with all applicable local, state and federal zoning, building, health, fire, and safety standards. S~ction 12,98 Cost Allocation Plan. Cont.r~ctor shall submit a Cost Allocation Plan in t4e format provided in the Department's Contractor's Financial Procedures Manual to the Department's 9C304n7tract Oversidght thand ~upport Sectionh, at Mcail Code 13h26, P.O. BOXC1493A4171, Au~tin'pTI exas 7fi81714- ,I , exceptuner', e CIrcumstance W. ere a 'ontractor 'as a current ost ocatlon, aD. on 1 e " I ,withthe 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 . ,.' General ~rovisions (Core Subrecipient 2009) " ,6/5/08 Page 20 of38 that its current Cost Allocation Plan for the current year is the same as that submitted to DSHS for the. previous year. In the event thatthe Cost Allocation Plan changes during the Contract term, Contractor must submit a new Cost Allocation Plan to the Contract Oversight and Support Section within thirty (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 http://www.dshs.state.tx.us/contracts. .. .' ." I, .. 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 with the requirements stated in the Department's Contractor's Financial Procedures Manual located at http://www.dshs.state.tx.us/contracts. Section 12.10 Historically Underutilized Businesses(HUBs). If Contractor was not required to submit a HUB subcontracting plan and if subcontracting is permitted under this Program Attachment, Contractor is encouraged to make a good faith effort to consider subcontracting With HUBs as set . forth in Tex. Gov. Code Chapter 2161 and 34 Tex. Admin. Code 9 20.14 et seq,Contractorsmay 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 irt this Contract. If Contractor ..desires to make a: change in the plan, Contractor must obtain prior approval froin the Department's .' .HUBCoordinator of the revised plan before' proposed changes will be effective imder this Coritract. Contractor agrees to make a good faith effort to sUQcontract 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, ifthere was any such activity, in accordance . with 34 Tex. Admin. Code S 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 12.12 Contracts with Subrecipient Subcontractors. COntractor may enter into contracts with subrecipient subcontractors unlessrestrictedor otherwise prohibited in a specific Program . . Artachment(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 ipclude the . following: . '. . . '. . . a) name and address of allparties; . b) a detailed description of the services to be provided; c) measurable method and rate of payment and total amount of contract; . d) clearly defined and executable tetminationclause; e) begiriningand ending ciatesthat coinCide with.thedates of the applicable Program Attachinent(s) or that cover a temiwithin 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 responsibl~ to DSHS for the performance of any subcontractor, ContraCtor shall . . 'monitor subcoIitractors for both financial and programmatic performance and shall maintain pertinent . Generai Provisions (Core ~ubrecipient 2009) 6/5/08 . . Page 21 of38 I records that shall 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. , , Section 12.13 Status of Subcontractors. Contractor shall Include iIi all its contracts \-vith 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 repayment agreements; have not had a required license or certification revoked; and have not had a contract terminated by the Department. Contractors shall furtherrequire that subcontractors certify thatthey 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, arid 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 perfonnanceof its employees, subcontractors, joint venture participants or agents. Contractor is not an agent or employe~ of the Department or the ~tate ()f , Texas for any purpose whatsoever. For purposes ofthisCol1traci, Contractor acknowledges that its' employees, subcontractors, joint venture participants or agents Will not be eligible for unemployment 'compensatiou'fromthe Department or the State of Texas. ' Sectjon 12.16 Authority toBind,. Th,e person or persons signing and executing this Contract on ' behalf of Contractor, orrepresentin:g themselves ~s signing and executing this Contract on behalf ~f Contractor, warrant and guarantee that they have been dUly authorized l>Y Contractor to execute this ' Contract for Contractor and to validly ~d legally bind Contractor to all of its terins; , Section 12.17 Tax Liability., Contractor shall comply with all state and federal t~laws and is , solely responsible for filing, allrequin~d 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 underthis Contract, including ,Immediate termination at the Department's discretion. In the ev~nt 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. , ' I ,,' General Provisions (Co~e Subrecipitmt 2009) 6/5/08 P~g~ 2~ of38 Section 12.18 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 stitIcture; legal standing; or authority to do business in Texas. A change in Contra.ctor's name requires an amendment to this Contract in accordance With the. Amendments section of these General Provisions. . Section 12.19 Quality Management. Contractor shall comply with quality management requirements as directed by the Department, ... 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 fireanils regardless of the acquisition cost, and the following assets with an acquisition cost of$500 or more: desktop and laptop computers, non-portable printers and copiers; 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 appr()ved in writing by the Department, Contractor is required to initiate the purchase .. of that equipment in the first quarter of the Co~tract or Program A~clui1entterm,as applicable. Failure to initiate the purchase of equipment may result in loss of availability of funds foi 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 aredefmed as consumable items necessary to carty 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. I I 1 ,I I , I , I I I i i . , . . Section ,12.22. Changes to Equipment List~ All items ofequipmen:t purchased' with. funds under this . . , COIitract shall be itemized in Contractor's equipment list as fmally approved by the Department in the , executed' Contract., AD.ychangesto the approved equipment list in the executed Contract must be , , , ' approved in Writing by Department prior.to purchase of equipment. Contractor shall slibmit to the Division Contract Management Unit assignedto the :program Attachment, a written description including complete product specifications and need jtistificationprior to purchasing any item of unapproved equipment. If approved, Department will acknowledge its approval by means ofa written amendnlenfor by written acceptance of Contractor's Contract Revision Request, as appropriate. " Section 12.23 P~opei1y Invento'ry and Protection of Assets. Contractor shall maintain a . nonexpendable personal property (equipment-arid controlled assets) inventory 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 ~ater,thanOctober 15th of.each year, The fonp. for this report (Form:GC-1 1) is located on the DSHS website at " http://www-.dshs.state.tx.us/contracts/fornis.shtm. Contractor shall administer a program of I I, I ! General Prt)visions (Core Subr~cipient 2009) 61S/()8 Page230f38 ' maintenance, repair; andptotection of asSets under this Contract so as to assure their full availability and usefulness. In ~e event Contractor is indemnified, reimbursed, or otherwise ~()II!pensated 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. Section 12.25 Title to Property. Atthe conclusion of the contractual relationship between the Department and the Contractor, for any reason, title to any remaining equipment and supplies purchaSed Withfuilds u:ndeithis Contract reverts tb Departmerit. Title may be tta.l1sfelTed to any.... . 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. Department funds may not be used to purchase buildings or real property. Any costs related to the initial acquisition of the buildings or real property are not . allowable, . ,". . ," , . '. . . . .' .' ~. .' . .' . . Section 12.27 . Disposition of Property. Contractor shall follow the procedures in the American' Hospital Association's (AHA's) "Estimated Useful Lives of Depreciable HospitaI.Assets" in disposing, at any time during or after the Contract term; of equipment or controlled assets purchased . ' with the Department funds, except when federal or 'state statutory requirements supersedes or when the equipment requires licensure ,or registratio.n by the state, or when the acquisition price of the equipment or controlled asset is equal to 'or greater than $10,000, All other equipment and controlled assets 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 $10,000) shall be controlled by'the requirements ofUGMS. If, prior tothe end of the useful life, any item of equipment is no longer needed to perform seniice$ under this Contract, or becomes inoperable~ or iftheeqwpment requires licensure or registration or had an acquisition price equal to or greater than $10,000, Contractor shall request . disposition approval and insWctions in. writing from the Division Contract Management Unit' assigried to the Program Attachinent ,After all item reaches the end of its usefullife,Contractoi must . ensure that disposition of any ~quipment is in accordance; with Generally Accepted Accounting , , Principles, and any applicable federal guidance. ' ' . I, . .. . 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), Contractor shall submit to the Division Contract Management Urnt assigned to the Program Attachmerit, an inventory of property purchased with Department funds and :request disposition instructions for such property. All property purchased with Department funds shall be secured by the Contractor at the time of Closeout' and shaIi ,be ret~ed to the Department as required by the Departme!lt's di~position instructions Qr at the requf;st'. , of the Department at the Contractor's expense. Section 12.29 Assets as Coll~teraIProhibited. Contractors on a cost reimbursement payment . method shall not 'encumber property purchased with'Depart.It1ent funds withoutpJjor written approval from the Department. .' . . . '. . '. . . '. General Provisions (Core S,ubrecipient 4009) 6/5/08 , Page ~4 008 ARTICLE XIII .GENEAAL TERMS. Section 13.01 Assignment. Contractor shall not transfer, assign, or sell its interest, in whole or in part, in this Contract, or in any equipment purchased with funds from this Contract, without the prior . written consent ofthe 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 forinfluencing or . attempting to. influence .an officer or employee of any federal or S4l.te agency, a member of Congress, . an officer or employee of Congress, or an employee ofa member of Congress in connection with the awarding of any contractor the extension, continuation, renewal, amendment, or modification of any . contract (31 USCA ~. 1352, as amended, and UGMS). Ifat any time this Contract exceeds $100,000 . of federal funds, Contractor shCill 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 hi:lVe been or will be used .. for payment to lobbyists;. and disclosure of the names of any and all registered lobbyists with whom . ContraCtor has ail agreement. Contractor shall file the declaration, certification, and disc10sute at the time of application for this Contract; upon ~xecution of this Contract unless Contractor previously . .filed.a deClaration, certification, ordisclosureforin ill 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 .containedin any declaration, certification, or disclosure previously filed. Contractor shall. req11i!e any person who requests or receives a subcontract to file the sarrie declaration, certification, . .. and disclosure with the Division ContraCt Management Unit assigned to the Program Attachment. . Contractor sh811 also comply, as applicable, with the lobbying restrictions and requirements in OMB Circulars A-122 Attachment B paragraph 25;.A-87 Attachment Bsection 27; A-lIO 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 riot have nor shall it knowingly acquir.e 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. Coi:1tract()rshall establish safeguards to prohibit employees from using their positions for a purpose that constitutes or presents theappearanee of personal or,' organizatiomtl conflict' of interest or personal gajn. ' . 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 Attaclup.ent the name;' address and telephone number of the related party, how the party is, related to the Gontractor and the wo~k the related party will perfonn und~r this Contract. A related GeI1eral' Provision~ (Core S1.ibrecip~ent 2(09) 6/5/08 Page 25 ?f 38 partY,is ~ person or entity rel~ted to the Contractor by bl~od or marriage, 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 aIiy additiqnal 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 stat~ or federal law, regulations or circulars, which may include 45 CFR part 74, OMB Circ. No. A- 1'1 0, 2 CFR S 215A2,and DGMS. Section 13.05 lliteUectual Property. Tex. Health & Safety CodeS 12.020 authorizes DSHSto protect intellectual property developed as a result of this Contract. a) "Intellectual property" means createdpropertythat maybe protected under copyright; patent, or trademarklservicemark law. b) For purposes of this Contract intellectual property prepared for DSHS use, or a work specially ordered or c,Oinmissioned 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, byoperatfon oflaw, vestin DS:HS, or such work may not. be considered a work made for hire, Contractoritrevocably assigns the ,rights, title and . interest therein to DSHS, DSHS shall have the right to obtain and hold in its name any aI).d aU 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 thoseamotints 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 intellecfual property, the fedenll awarding agency reserves a royalty- fre'e, , nonexclusive; and irrevocable license to reproduce, publish, or Qtherwise use, and to authorize others to use, for federal governinentpurposes (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 fun4s. Cbntract<:>r,shall place an , acknowledgment of federal awarding agency grant. support and a disclaimer, as appropriate, 'I on any publication Wri~en or published with such support and, if feasible, <;>n 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 copytight 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, p1Jblic health, ~d state governmental 'noncommercialpurposes (1) the copyright, trademark, service mark, and/or patent on an ' invention, discovery, or improvement to any process, machine, manufac~e, or composition . 'I of matt~r;products; technology;, ~cientific infomiation; trade secrets; and computer software, , in any work developed under a grant, sub grant; or conti-act under a grant or sub grant; and (2) , , General Provisions (CoreSubrecipient2009) . . .... 6/5/08 ' , Page 26of38 any rights of copyright, service or trade marks or patents to which a grantee, subgr~tee or a' , Contractor purchases ownership with contract funds. ' e) If the results of the contract performance are subj ect to copyright law, the Contractor cannot publish those results without prior review and approval ofDSHS. Contractor shall submit requests forreviewand approval to the Division Contract Management Unit assigned to the Program Attachment.' " 'I Section 13,06 Other Intangible Property. Atthe conclusion of the contractual relationship between Department and the Contractor, for any reason, Department shall h~lVe the sole oWr'lership rights and interest in all non-copyrightable int~ngible property that was developed, produced or obtained by Contractor as a specific requirement under this Coptract or under any grant that funds this Contract, such as domain names, URLs, etc. Contractor shall cooperate with Department and,' perfotm all action's necessary to transfer ownership 'Qfsuch property to the Department or its designee, or otherwise affirm Department's ownership rights and interest in such property. This provision 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. Parties represent and agree that the language contained in this Contractis to be construed as jointly drafted,proposed and ' ~~- " ", ' 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 first given ",bove (or at such other address as .the Party, shall specify to the otherP~y in writing) or; if sent by certified mail, on the date of receipt. ' , , , , ' Section 13.09' Successors. This Contra~t shall be binding upon the Parties and their successors and assignees; except as expressly provided in this Contract " Se~tiort 13.10Headings~J'he articles and section headings used in this Contract are forconvemence of reference only and shall not be construed ,in any way to defme~ limit or describe the scope or intent of any provis~ons. . , ' Section 13.11' :Parties. The Parties represent to each other that they are entities' fully familiar with transactions of the kind reflected by this document, iuidare capable of understanding the tertninology and meaning of its terms and conditions and of obtaining independent legal advice pertaining to this Contract. ' '" ' , ' Section 13,12 Survivability of Terms. Ternlination or expiration of this COIitractor a Program Attachment for any reason shall not release either Party from any liabilities or obligations set forth in this 'Contract that (8.) the Parties have expressly agreed shall survive any such termination or expiration, or (b) rel11ain to be 'performed ore c) by their nature would be intended to be applicable " following any such termination or expiration, , Section 13.13 Direct Operation. ,The Department may temporarily~sume operations of a, Contractor's program orprogr~s funded under this Contract when the continued operation of the General Provisions (Core Subrecipient 2009) 6/5/08 , Page 27 of38 .. program by Contractor puts at risk the health and safety of clients and/or participants served by the . Contractor, and there are no reasonable alternatives available. 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. . . Section 13.15 Amendment. Parties agree that the Department may 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 Requestfor Revision to Certain Contract Provisions section of this Article. Contractor's. request for certain budget" revisions or other aniendments must be subInitted in writing, including 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 amendment requests may be granted at the discretion of DSHS. Except as otherwise provided in this Article, Contractor shall Dot perform or . produce; and DSHS shall not pay Jor. the performance or production of,. different or additional goods~ services, work or prodllcts except pursuant to an amendment of this Contract that is executed in compliance with this section; and DSHSmaynot waive any term, covenant, or condition of this . Contract unless by amendment or otherwise in compliance with this section. 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 cQntact perspn and cont(ict information; . b) contact information for key personnel, as stated iIi 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 ofless than $10'0.000; provided that the tot8.1 budget amount is unchanged; . d) minor corrections Qr cl~fications to the Contract. language that in rio way alter the Contract scope of work, objectives or performance measJ,lfes; aild . . . .. e) a change in the Contractor' s share of thehudgetconcerning 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 DSHSfunds,. . .. Contractor within ten days shall n<ltify in writing the Division Conti-act Management Unit assigned to the Program Attachment of any change enumerated in this section. The notification may be by letter, . fax or emaiI. Section 13.17 Contractor's Request for Revision of Certain Contract Provisions. A Contractor's Revision Request is an alternative methoq for amending certain specified provisions of this Contract . . that is initiated by the Contractor, but must b~ approved biDSHS.. The following changes to this . . Contract may be made through a Contractor' s R~vision Request, rather than through the amendment . process described iri the Amendmentsediol). of this Article: . . . . . "J General Provisions (Core ~ubrecipierit2009) 6/5/08 Page280f~8 .. I . . '. . ". ." ". . . '. . a) cumulative budget line item transfers among direct cost categories, other than the equipment .. category, that exceed 10% of Program Attachments of $1 00,000 or more, provided that the total budget amount is unchanged; b) line item transfer to other.categories of funds for direct payment to trainees for training allowances;. . . . . . c) change in clini c 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 ofXYZ brand computer instead of approved ABC brand computer with essentia:lly identical features as the XYZ computer); e) changes in the equipment category .of a previously approved equipment budget (other than acquisition of additional equipment, wliiChreqUiresanamendnieilt to this Contract); .. f) . changes specified in applicable OMB Circular cost principles as requiring prior approval, regaidlessof 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 sh.allobtain a Contract Revision Request foim 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 DivisionCoritract Management Unit assigned to the Program Attachment. Any approved revision. will not be effective unless signed by the DSHS Director of 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 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 HA VEBY OPERATION:OF LAW, Section i3,19 Hold Harmless and Indemnification. Contractor, as ail in<;lependtmt contracto.r, agrees to hold Departrrient, the State of Texas, individual state employees and officers,. and the federal goveInment hannJess 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 nonperfonTI8p,ce ofCo.ntractor;itsemploye.es., . . 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 ~ither Party's rights under this Contract: . Section 1321 Technology Acc~ssibiiity. Itperforinance under this Contractinc1udes the development? modification or maintenance of a website or. othe~ electr~nicinformation resources for General Provisions (Cor.e.Subrecipient 20~9) ...6/5/08 Page 290f38 I' i . , . . . . . . DSHS or for the public on behalf of DSHS, Contractor expressly acknowledges that state funds may' not be expended in cO'nhection with the purchase of electronic information resources unless those resources meet certain statutory and regulatory requirements relating to accessibility by persons with visual, hearing, motor/physical, and cognitive learning disabilities as defined by Section 508 of the Rehabilitation Act of 1973, as arne,nded. Accordingly, Contractor represents and ~arrants to DSHS that the electronic information resources provided by Contractor to DSHS fo~ pUrchase are capable, either by virtue of features included within the technology or because they are readilyadaptcible by use with other technology, of - a) providing equivalent access for effective use; b) presenting information,inc1udingprompts used for interactive communications; and c) being integrated into networks foi-obtaining, retrieving, and'disseminating information. For purposes of this section, the phrase "equivalent access" means a substantially similar ability to communicate with or make use of the electronic information resource, either directly by features incorporated within the technology or by other reasonable meansjointIy agreed to byDSHS and Contractor, such as assistive devices or services that would constitute reasonable accommodations underthe federal.Americans with Disabilities.Actor similar state or federal laws. Example,S of . methods by which equivalent acCess might be provided include, but are not limited to, keyboard alternatives to motlSe commands arid other means of navigating graphical displays, information retrieval provided in an enhanced auditory fashion, voice commands, touch screen capacity, and customizable display appearance. Electronic information resoUrces under this Contract must complY with i Tex. Admin. Code Chapters 206 and 213, as applicable:' I I , ARTICLE XIV. BREACH OF CONTRACT AND REMEDIES FOR NON:. COMPLIANCE Section 14.01 Actions Constituting Breach of Contract. ' Actions or inactions that constitute breach of contract include~ but are not limited to~the following: . a) failure to properly provide the se~ices 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 'ot 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 amaterlal misrepreseritation.in any aspect of Conttactor's'resporise 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 Rem~dies and Sanctions: The Department ~ILmonitor Contractor for both . programmatic and [mandaI compliance. . The remedies set forthbe.1ow.are available to the Department against Contractor and any entity that subc()ntracts with. Contractor for provision of i , , . Gen~raI Provisions (Core Subrecipient 2(09) . - . . .. . . .' . 6/5/08 Page;300f38 . . 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 ofthe terms of this Contract. The listing of or use of one or more of the remedies or sanctions listed below does no.trelieve 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 Departinentmay take one ~r more of the actions listed below: a) temiinate this Contract or a ProgtamAttachment 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-one (31) calendar days before the effective date of the termination in a notice of termination. The notice of termination will state. the effective date of the termination, the reasons for the temlination, and, if applicable, alert the Contractor of the opportuirity to request a ~earing 011 the termination pursuant to Tex. Gov. Code Chapter '. 21 OS' regarding administration of Block Grants. The Contractor agrees that it shall not make any claim for payment or reimbursement for services provided from the effe~tive' date. of ". termination;. . .' . b) suspend all 01' part of this Contract. Suspension is, depending on the cont~xt, either (1) 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 this Contract, or (2) an action taken byasuspending official in accordance with Deparimentrulesto ~ediately exclude a person from ,participating in contract transactions for a period of time, pending completion of an investigation and such legal or debaimentproceedings 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 or r~newals with Contractor; d) reduce funding if the Contractor fails to provide services or goods. consistent with p.erformance expectations de~crihed in this Contract; e) disallow costs and credit for matching 'funds, if any, for all or part ofthe activities or a~tioh not in compliance; ., . . . f) temporarily withhold cash payments, Temporarily withholding cash payments means the temporary withholding ofa. working capital advance, if applicable, or reimbursements or payments to Contractor for proper charges or obligations incurred, PeQ.ding resolution of issues of noncompliance with conditions of this Contract or indebtedD.ess to the United States or to the State of Texas; . g) permanently withhold cash payments. 'Permanent withholding of cash paym~nt 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; GeneralProvi'sions (Core S.ubreCipient 2009) 6/5/08 Page 31 pf38 h) dec1arethis Cont:ract 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; . .. . ..... ... ... . .. . .. . ... 1) 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 acc;elerated monitoring for a period riot to exceed six (6). months at which time ite:rp.s of noncompliance . must be resolved or substantial improvement shown by Contractor. Accelerated monitoring means more frequent or more extensive. monitoring will be perfonned by Department than. would routinely be accomplished; 1) require Contr~ctor to obtain technical or managerial assistance; m) establish additional prior approvals for expenditure of funds by Contractor; . 'n}requireadditional or more detailed, financial and/or programmatic reports to be submitted by Contractor; ... . 0) demand repayment from Contractor when it is verified ~atthe 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 Contractteims; p) reduce the funding &mount for failure to achieve' Or maintain the proposed level of service, to . expend funds appropriately and at a rate that will make full use of the a:ward, or to provide. services or to achieve 10caImatch; ifrequired; ".'. . q) pursue a claim for damages as a result of breach of contract; r) require removal of any officer, board member or employee of the Contractor who has been. convicted Qfthe misuse of state or federal funds, fraud or illegal acts that are in. . contramdication to continued obligations under this Contract, as reasonably determined by . DSHS; . . s) withhold any payments to Contractor t6 satisfy any recoupment, liquidated damages, orany . penalty permitted by stamte and imposed by DSHS, and take. repayment from funds available . under this Contract, .active or expired, in amounts. necessary to fulfill Contractor's repayment. obligations;' . . t) . reduce the Contract term; .' . . . . u) 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 accountmg practices .or failure t9 comply with Contractterms; v) . assess liquidated damages; or . w) impose other remedies or penalties permitted by statute. i .'1 Section 14.03 Notice of Remedies or Sanctions. Department will formally notify Contractor in writing when a remedy or sanction is impos~d (with the e~ception of accelerated monitoring, which . may be~arinounced), stating the natUre Dfthe remedies and sanction(s), th~ reasons for imposing them, the corrective actions, if any, th'at 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 General Provisioris (Core Subredpiept 2(09). 6/5/08 Page 32 of 38 . , . 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, Ifrequested by the Department, the written response shall state how Contractor shall correct the noncompliance or demonstrate in writing that the findings on which the remedies or sanction(s) are based. are either invalid or do not walTant the remedies orsanction(s). If Department determiriesthat a remedy or . sanction is warranted,nnless the rem~dy 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 take corrective action. IfDSHS 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 . demahdletter, and if recoupment is available, DSHS will 'recoup the amount due to DSHS frOIn funds otherwise due to Contractor. Section 14,04 Emergency Action. In an emergency, Department may immediately terminate or suspend all or part ()fthis Contract, temporarily or permanently-withhold cash payments, deny contract renewal or 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 utilizmg resources so that the public or clients do not receive the benefits contemplated1;>ythe scope of work orperfoi1n~ce measUres; or ' b) Contractor is expending funds inappropriately. . . . . . . Whether Contractor's conduCt or noncompliance is an emergency will be determined by Department .on acase-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 thej Departmentprovided for inTex~ Gov. Co<;leChapter 2260 and implemented in Department Rules ~~ 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 wniten notice; as required by subchapter B, to DSHS' sOffice of General Counsel. The notice shall specifically state that the provisions of Chapter 2260, subchapter B, are being invoked. Atopy ()fthe 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, " ". . I. I General Provisions' (Core Subrecipient 2009) 6/5/08. Page 33 of38 I I , ... . ;b Section 15.03 Sole Remedy. The contested, case process provided.in Tex. Gov. Code Chapter 2260, subchapter C, is c;ontractor'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 thisArtic1e. Section 15.04 Condition Precedent to Suit. Compliance with the contested case process provided in Tex; Gov. CodeCh'apter 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 sovereigninuimnity to suit. Section 15.05 Performance Not Suspended. Neither the occurtenceof an event nor the pendency of a claim constitutes grounds for the suspension of 'performance by Contractor, in whole or.in part. . ARTICLE XVI . TERMINATION . . Section 16.01 Expiration of Contract or Program Attachment(s). 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 Program Attachments, all or a part of this Contract maybe teiminated with or without cause as set forth below. . . Section 16.02 Effect of Termination. termination is the pennanent withdrawal ofContracto~'s . . i . authority to obligate previously awarded funds before that authority would otherwise expire or the i voluntary relinquishment by Contractor of the authority to. obligate previously awarded funds. . Contractor' scosts resulting from obligations incurred by Contractor after termination of an award are. not allowable Unless expressly authorized by the notice oftermination,.Upon termination of this . Contract or Program Attachment, as applicable, Contractorshall cooperate with DSHSto the fullest . extent possible to ensure the orderly and safe transfer of responsibilities:under this Contract or. Program Attachment, ,as applicable, to DSHS or other entity designated by DSHS., Upon temtinatiori . of all or part of this Contract, Department and Contractor will be discharged trom any further ob~igation created under the applicable terms of this Contract or ,the, Program Attachinent, as " applicable, except for the equitable settlerp.ent of the respective accrued interests or obligations .' :1' incurred prior to termination and for Contractor's duty to cooperate with DSHS, 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: (1) withdrawal of funds awarded on the basis of the Contractor's underestimate of the unobligated balance in a prior period; (2) withdrawal of the unobligated balance ,at the expiration of the term of a Program . Attachment; (3). refusal to extend a ,Program Attachment or award additional funds to make a . .. . .,. -. . " (~ener~I'Provisions (Core'Subrecipient 2009) 6/5/08 Page 34 of38 , . competing or noncompeting continuation, renewal, extension, or supplemental award; or (4) voiding of a contract upon determination that the award was o.btained fraudulently, or was ot~erwise illegal or invalid from inception. Section 16.04 Termination Without Cause. . a) Either Partyinay temiinate this Contractor a Program Attaclunent,asapplicable,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 irivolves residential client services, . Contractor must give the Department at least ninety (90) calendar .days prior written notice and 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"inay 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. I I I. . . . . . . . Section 16.05 Termination For Cause.' Either Party may terminate for material breach of this Contract with at least thirty (30) ~alendar 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) a court .of competent jurisdiction finds that 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 employee!) or those of its subcontractor to communicate with Department.as necessary for the performance of this Contract;........ ..." '. ....... c) Contractor breaches a standard of confidentiality with respect to the services provided under this Con~act; , . . . 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 underthis Contract or exercise adequate control over expenditures or assets; e) Departmentdetermines-that Contractor, its agent or another representative offered or gave a . gratuity (e.g., entertainment or gift) to anofficialor employee of DSHSor HHSC for the . plUJ'ose of obtaining' a contract or favorablefreatment; .' f) Department determines thaHhis Contract includes financial participation by aperson who received compensation from DSHS to participate in ~eveloping, .drafting or preparing the. . specifications, requirements or statement(s) of work or Solicitation Document on which this Contract is based in violation of Tex. Gov, Code ~ 2155,004; . g) Contractor appears to be financially unstable. Indicators offinancial instability may indude one or more of the following: 1) ; Contractor fails to make payments; . 2) Contrac~or makes an assignment for. the benefit of its creditors; i .1 I I I GeneratProvisiori~ (Core SubreCipient .2009) . .6/5/08 Page 35 of38 " j I 3) ContraCtor admits in writing its inability to'payits 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 warrant of attachment or any similar process is issued by any court against all or any material portiono.fthe property ofCoT!tractor, 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 adjudicated bankrupt or insolVent; 7) Contractor files a case under the Federal Bankruptcy Code or seeks relief under any . provision' of any ~ankruptcy, reorganization,~angement, insolvency, readjustment of debt, dissolution, receivership or liquidation law of any jurisdiction, whether now or . hereafterin effe~t, or consents to the filing of any case or petition againstlt under any . such law;.. .' . . . 8) . any property or portion of the property 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 tiled 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; . . . . 1 0) Contractor' consents to the appointment of a receIver, trustee,' or liquidator of Contractor or of all or any part ofits property; or h) Contractor's management system does not meet the UGMSinanagenientstandards," . . . . . . . . . . . . . . Section 16.06 Notice of Termination. Either Party may deliver written notice ofinteriqo terminate' by any verifiable method. Ifeither party. gives notice o'f 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 TERMINAT~D 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 Termin.ated Contract. A Contractor who.has been a part;y to a contract with DSHS that has been found.to be. void, suspended, or' . .1 General Provisions (Core Subrecipient 2009) . 6/5/08' Page 36 of38 , .'. terminated for cause is not eligible for expansion of current contracts, if any, ot,newcoi1tractsor ' 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 refund. ,Section 17.03 Appeals Rights. Pursuant to Tex. Gov. Codes 2105.302, after receiving notice from' the Department of termination of a contract with DSHS funded by block grant funds, ContraCtor may requ~st an administrative hearing under Tex. Gov; Code Chapter 200 1. ' , ARTICLE XVIII CLOSEOUT AND CONTRACT RECONCILIATION SectionJ8.0l Cessation of Services At Closeout. Upon expiration ()fthis Contract or Program Attachment, as applicable, (and any renewals of this Contract or Program Attachment) on its own terms, Contractor shall cease services under this Contract or Program Attachment and shall cooperate with DSHS to the fullest extent possible to ensure the orderly and safe transfer of responsibilities " under this Contract to DSHS or other entity designated by DSHS. Upon receiving notice of Contract, , ,'or Program Attachment termination or rion-:renewal; the Contractor agrees to immediately begirt to , , transition,recipients or services toaltematiye serVice providers, as neede~L Contractor also agrees to completely cease providing services under this Contract or Program Attachment by the date specified in the termination or non-renewal notice. Contractor shall not bill DSHS for servicespetfonned after termination or expiration of this Contract or Program Attachment, or incur any additional expenses once this Contract or Program Attachment is terminated or has expired. Upon termination,' expiration or non-renewal bfthis,Contrad or a Program Attachment, Contractor shall immediately initiate Closeout activities described in this Article. ' , ' ' , Section 18.02 Administrative Offset. The Department shall have the right to adniimstrativelyoffset , amounts owed by Contractor against billings: , Se~tion 18.03 Deadline for Closeout. Contractor shall submit all financial, pelformance, and other Closeout reports required under this Contract within sixty (60) calendar days after the Contract or Program Attachment ,end date. Unless otherwise provided under the Final Billing Submission~ection of the Payment Methods and Restrictions,Article, the Departmerit isnot1iable for any ,claims that are not n~cdved within sixty (60) caJendar days ~er the Contract ~r Progr~ Attachment end date, " ' " . . ~ , .... . .' , ' , Section 18.04 Payment of Refunds. Any funds paid to the Contractor in excess of the amount to " ,which the Contractor is finaily determined to be entitled under the terms ofthis Contract constitute a debt to the Department I;l1ld win resul~ in a refund due. Contractor shall pay ~y refund amount due' ' within, the time period established by the Dep~ei1t. ' Section 18.05 Disallowances and Adjustments. The Closeout ofthis Contract or Program Attachment does not affect the Department's right to disallow costs aIJ,d recover funds on the basis of a later audit pr other review or the Contractor's obligation to return any fup,ds ~ue as a result of later refunds, corre,ctions, cir,other transactio,ns.' .' . . . Sectioi1 18.06. Contract Reconciliation. If Contractor ~s required to annually reconCile multi-yeC!.r contracts, Contractor, within sixty (60) calendar days after the end of each year of this Contract, shall . .' . General Proyisio~s (Core Subrecjpient 2009) '615/08 . Page 37 of38 submit to the Division Contract I\1anagementUnit assigned to the Program Attachment .all financial and reconciliation reports required by Department in forms as detemiined by Department. Required reconciliation forms and reports may include the following: Cash Match Participation Form, In-kind Match Participation Form, Program Income Report, Equipment Inventory, Controlled Items Inventory, Contractor's Release Agreement, 'and Reconciliation Refund Remittance Form. Any . additional forms or reports reqtiiredby Department shall be posted on .the DSHS website prior to the . reconciliation period. . Unless otherwise directed by Department, all forms and reports must be . submitted in hard copies, with original signatures if required, to DSHS by the. due. date... I General Provisions (Core Subrecipient 2009) 6/5/08 Page 38 of38 . . CONTRACT NO. 2009-030375 PROGRAM ATTACHMENT NO.OOI PURCHASE ORDER NO. 0000344398 CONTRACTOR:CALHOUNCOUNTY. DSHS PROGRAM: EMS -LOCAL PROJECTS '.' TERM: 1O/OI/2008.THRU 08/31/2009 SECTION L 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 DSHS's Request forProposal (RFP), EMS/LPG~0278,1 issued on April I , 2008, and Contractor's application plan as agreed to and . . approved by DSBS, These documents are hereby adopted and incorporated by reference herein as ..' part of this Program Attachment. . . SECTION II, PERFORMANCE MEASURES: . .' Contractor' sperformance will be measured in part on the achievement of the following activities arid perfopnance measures. ' Contractor shall perform the following activities and provide documentation to DSHS in the manner andtimefraIlles specified by Program. . ' .\ . . 1. Conduct Emergency Medical Services (EMS) program activities to develop, llpgrade, or . expand. emergency medical serVices by comple.tirig the projects andior acquiring items as, stated in the' co~tractor's application plan as agreed to and approved by DSHS in Exqibit A SE,CTION III. SOLICITATION DOCUIyIENT: Competitive RFP #EMS/LPG-0278.1 for EMS Local Project Grant FY 09 issued on April I, 2008 . . . SECTION IV. RENEWALS: N/A . SECTION V. PAYMENT METHOD: Cost Reimbursement SECTION VI. BILLING INSTRUCTJONS: . . . '... :'. . .' . Contractor may claim reimbursement for.approved equipmentitem(s) by attaching invoice(s) for the item(s) ordered along with the purchase voucher (Form :8-13), at any time within the . . . . . Progra~~ Attachment ~er'm: All items -claimed for reimburs,em~nt shall be procured within the PROGRAM ATTACHMENT - Page I . Program Attachment term. The Contractor shan submit paid invoices for reimbursement no. later th~m 30days 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. Department 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. SPECIALPROVISIONS: . 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~ msurance,.Loan Payments, Rent, etc) and Indirect Costs are nqt allowable costs, . If the.total costs of the project are greater than the DSHS amount of fuiJ.dihg. 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 orsufficiehtly documented. . . . . . . . General Provisions, Compliance and Reporting ArtiCle, Reporting Sections are not applicable to . thisProg~am Attachment. . General ProvisiohS, Services ArtiCle,:Educ~tion.to Persons in Residenti~l Facilities, Consent to. . Medical Care; and Telemedicine Medical Services. thfough Cost Effective Pur~hasing. of Medications Sections are not applicable to this Program Attachment.. General Provisions, Funding ArtiCle, Use for Match Prohibited Section arenotapplicable 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 C.lient-Identifying. Information, . . . Security of Patient or Client Records, arid mV/AlDS ModelWotkpl~ce Guidelines Sections are . not applicable to.this Program Attachment. . PROGRAM A TT ACHMENT ,- Page 2 . . . . , ."" , GeneralProvisions, 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. . SubrecipientSubcontractorsthrough Incorporation ofTe~ms, 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 Totalreimbursements will not exceed $6,000.00. The items and/or projects being funded are specified in Exhibit A, which is attached hereto and made a part hereof. i PROGRAM ATTACHMENT -: Page 3 . I ." I . I . ,. ,. ExhibifA . Texas Department of State Health Services 2009 EMS Local Projects Grant Awards . Name of Organization: . Calhoun County EMS Total Award: $6,000 Appr()ved Project(s)- (Quantity, Item, Award Amount per Item): (3) Stretchers $2,000 Utilizing your 2009 Local Projects Grant Award .. . e The attached contract details your obligations for this grant. e A,.ny cost incurred prior to the start date listed in the contract will not ~e reimbursed. .. e. 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. eRequesting reimbursement: . All awardeesmust submit invOice(s) which Iistthe it~m(s) and price(s), datE~dwithin the contract period. .. .. . . All awardeeslJ1ust submit copies of paid receipts .or cancelled checks. . Awardees of education/training funds !'Dust also submit copies of course completion. certificates of students. .. . Allawardees must fax reimbursement documents to 512/834,;,6611 OR mail to: . i I , , Texas Department of State Health Services Office of EMS and Trauma Systems Coordination MC1876 Attn: Contract Manager' P:O. Box 149347 Au~tin, TX 78714.,9347 · DSHS. retains the right to refuse reimbwsement for requests deemed inappropriate. ^ .2009-030375-001 . "." Categorical Budg~t: . j ... Total reimbursements will not exc:eedl6,000.00 .';:;" I': . . , i ! i AUTHORIZE SIX MILE COMMUNITY VOLUNTEER FIRE DEPARTMENT TO APPLY FOR A 90/10 MATCHING GRANT FROM THE TEXAS FOREST SERVCE, RURAL FIRE DEPARTMENT ASSISTANCE PROGRAM (HB2604) FOR A TANKER: A Motion was made by Commissioner Galvan and seconded by Commissioner Finster to authorize the Six Mile Community Volunteer Fire Department to apply for a 90/10 Matching Grant form the Texas Forest Service, Rural Fire Department Assistance Program (HB2604) for a tanker. Commissioners Galvan, Lyssy, Fritsch, Finster and Judge Pfeifer all voted in favor, Rural Volunteer Fire Department Assistance Program (HB 2604) The TeJ<;" AlIrM univer.lty "y.tela SPECIAL ANNOUNCEMENT THE TEXAS FOREST SERVICE Will IMPLEMENT THE FOllOWING CHANGES TO THE HB 2604 GRANT PROGRAM EFFECTIVE SEPTEMBER 1, 2008: REVISED COST-SHARE CAPS FOR TRUCKS. TRUCK CHASSIS', SLIP-ON MODULES. CAFS . Tanker and Large Brush Truck 90% of the actual cost not to exceed $155,000 in cost-share assistance. . Small Brush Truck 90% of the actual cost not to exceed $78,000 in cost-share assistance. . Large Truck Chassis 90% of the actual cost not to exceed $70,000 in cost-share assistance. . Small Truck Chassis 90% of the actual cost not to exceed $36,000 in cost-share assistance. . Slip-On Module 90% of the actual cost not to exceed $18,000 in cost-share assistance. . Compressed Air Foam System ICAFS) 90% of the actual cost not to exceed $18,000 in cost-share assistance. .:. All of the vehicles, modules, and CAFS units listed above must meet the Minimum Standards and Specifications as published by the Texas Forest Service for the Rural Volunteer Fire Department Assistance Program (HB 2604). REVISED COST-SHARE CAPS FOR RESCUE EQUIPMENT. FIRE EQUIPMENT, TRAINING LIBRARIES . Rescue Eauipment --75% of the actual cost not to exceed $13,200 in cost-share assistance. . Fire Eauipment-75% of the actual cost not to exceed $9,000 in cost-share assistance. . Training Libraries-100% of the actual cost not to exceed $8,000 in cost share assistance. OTHER CHANGES .:. Effective immediately, Collision/Comprehensive insurance coverage is no longer required for trucks and truck chassis' acquired under the HB 2604 Program, However, the Texas Forest Service recommends the purchase of this type of vehicle insurance if it is affordable. .:. All equipment items valued individually at $5,000 and greater must be inspected by a TFS agent before a grant reimbursement payment may be made. .:. Under consideration for 2009: The Texas Forest Service may begin adding bonus points to an application's rating number if the applicant is an active reporter in the TFS Fire Department Fire Reporting system. An active reporter is defined as a department that has submitted fire reports within a previous 12-month period. Contact us at: College Station - 979/458-6505 '* Lufkin - 936/639-8130 9/1/2008 ... MID-STATE TANK CO, INC. P.o. ~OX 317 SULLIVAN, IL 61951 TEL. 800 722-8384 FAX 217728-838 OCTOBER 8, 2008 DEAR BOARD MEMBERS; WE ARE PLEASED TO SUBMIT THE FOLLOWING SPECIFICATIONS FOR A 3000 GALLON STAINLESS STEEL WATER TANK FOR YOUR REVIEW. MODEL: 8765 ELLIPTICAL STAINLESS STEEL WATER TAN. WARRANTY: SEEATI'ACHED COPY GALLON: 3000 GALLON DIMENSIONS: THE TANK SHALL HAVE A CROSS SECTION OF 60"X78" AND A TANK SHELL LENGTH OF 177". THE OVERALL LENGTH INCLUDING BULGED ENDS WILL BE 189". HEADS: 10 GA. 304-L STAINLESS STEEL FLANGED AND DISHED WITH #4 SATIN FINISH. SHELL: 12 GA. 304-L STAINLESS STEEL WITH #4 FINISH. INTERIOR WELDS DONE WITH 316LSI STAINLESS WIRE. TRANSVERSE BAFFLES: (3) 12 GA. 304-L FLANGED AND DISHED TRANSVERSE BAFFLES WITH OPENINGS AT TOP, BOTTOM AND CENTER REINFORCED CRAWL THROUGH. PER NFPA 15-2.4.1. LONGITUDINAL BAFFLE: FULL LENGTH OF TANK SHELL CONSTRUCTED OF 304-L STAINLESS WITH STIFFENING BENDS AT THE TOP AND BOTTOM OF THE BAFFLE PARALLEL TO THE TANK SHELL. PER NFPA 15-2..4.1. TANK SILLS: FULL LENGTH 10 GA. 304-2B SILLS WITH ENDS CAPPED AND EXTENDED UP TO HEADS. TANKS ARE TWO PIECE AND FLANGED WHERE SILL MEETS SHELL. 30 DEGREE ON INSIDE LEG AND 105 DEGREE ON OUTSIDE LEG TO TRANSFER STRESSES TO SHELL CIRCUMFERENCE, MANHOLE: 20" STAINLESS MANHOLE ASSEMBLY WITH 10" FLIP FILL LID LOCATED TOWARDS REAR OF TANK. OVERFLOW/VENT: 6" DIAMETER OVERFLOWNENT PIPE ATTACHED TO THE MANHOLE AND EXTENDED DOWN THROUGH TANK AND TERMINATED OUR TANK BOTTOM BEHIND REAR WHEELS. DUMP VALVE SUMP@REAR: SUMP LOCATED AT REAR CENTER OF TANK TO ACCOMMODATE A 10" NEWTON DUMP VALVE. SUMP DROPS 4 Y2" BELOW BOTTOM OF TANK. DUMP VALVE: 10" NEWTON #1050-34 STAINLESS MANUALLY OPERATED VALVE INSTALLED. (VALVE TO BE SHORTENED) ELBOW & EXTENSIONS: ELBOW/EXTENSION CHUTE MOUNTED ON DRIVERS SIDE WALKWAY IN LIEU OF HOSE STORAGE. THIS ALLOWS LEFf OR RIGHT DUMPING, REAR FILLS: (1) 2 Y2" AND (1) 5" STAINLESS FILL LINES LOCATED ON EITHER SIDE OF DUMP VALVE AT REAR. LINES ARE EXTENDED INTO TANK INTERIOR AND BRACED. (1) 2 Y2" AKRON BALL VALVE WITH FEMALE NST SWIVEL - (1) 5" AKRON BUTTERFL Y VALVE WITH 5" STORZ CONNECTOR. BOX SUMP: 8"X8" BOX SUMP WITH ANTI VORTEX SWIRL FIN WITH A 4" OUTLET IN SUMP TO STREET SIDE. SIGHT GAUGE: 1" SIGHT GAUGE TUBE ON REAR HEAD OFF SET TO CURB SIDE, CABINETS: (2) 60" LONG X 28" HIGH X 26" DEEP STAINLESS CABINETS BOTH SIDES AT FRONT. ROLL UP DOORS WITH WEATHER STRIPING, SWEEP OUT FLOORS, VENTS AND LIGHTS, CABINETS SUPPORTED BY 10 GA GUSSETS AT FRONT AND REAR. WALKWAYS: FULL LENGTH 12 GA. 304 STAINLESS WALKWAY BOTH SIDES WITH #4 SATIN FINISH. STAINLESS PANEL ENCLOSES WHEEL AREA BOTH SIDES FOR MORE ATTRACTIVE APPEARANCE. ACCESS LADDER: LADDER FOR ACCESS TO MANHOLE. KNURLED STAINLESS TUBING STEPS POLISHED STAINLESS TUBING HAND RAILS, ALUMINUM TREAD PLATE STEP AT BASE. LIFT LOOPS: (2) STAINLESS LEFf LOOPS ON TOP OF TANK. MOUNTING LUGS: W' STAINLESS MOUNTING LUGS ATTACHED TO TANK SILLS. REAR BUMPER/HOSE TRAY: COMBINATION REAR BUMPER/HOSE TRAY MADE FROM STAINLESS WITH HOSE BED MADE FROM FIBERGLASS GRATING. UNDER STRUCTURE CONSTRUCTED FROM STEEL AND PAINTED BLACK. PORTABLE TANK RACK: LOCATED ON CURB SIDE WALKWAY, HINGED TYPE FOR EASY USE CONSTRUCTED FROM I" SQUARE STAINLESS TUBING. HARD SUCTION HOSE TRAY LOCATED BEHIND RACK. LIGHT BRACKETS: #4 SATIN FINISH 304 STAINLESS SCENE LIGHT BRACKETS ON ALL FOUR CORNERS PLUS REAR HEAD. EACH BRACKET SUPPLIED WITH AN INTERNAL STAINLESS WIRING CONDUIT. LIGHTING: RUNNING LIGHTS INCLUDE WELDON STOP, TAIL TURN AND BACK UP LIGHTS. REAR MARKER AND SIDE CLEARANCE ARE TRUCK LITE WITH WIRING IN CONDUIT WITH JUNCTION BOXES ON UNDERNEATH SIDE OF TANK. (6) SCENE LIGHTS WITH ONE AT EACH CORNER AND TWO ON REAR HEAD. ZONE A UPPER LEVEL (1) FEDERAL SIGNAL AERO DYNIC 52" LIGHT BAR MOUNTED ON TOP OF CAB TO BE SWITCHED FROM INSIDE AT CONTROL PANEL. ZONE A LOWER LEVEL (2) CODE-3 MODEL 65BZ (LED) GRILL MOUNTED LIGHTS SWITCHED FROM INSIDE CONTROL PANEL. ZONE B LOWER LEVEL (3) CODE -3 MODEL 45BZ LIGHTS MOUNTED ON CURB SIDE. ZONE C UPPER LEVEL (1) FEDERAL SIGNAL MINI-AREO DYNIC LIGHT BAR TO BE MOUNTED 0 REAR HEAD LIGHT STANCHION, ZONE C LOWER LEVEL (2) CODE-3 MODEL 45BZ (LED) LIGHTS INSTALLED ON REAR LOWER PART OF TANK. ZONE D LOWER LEVEL (3) CODE-3 MODEL 45BZ (LED) LIGHTS MOUNTED ON DRIVER SIDE. GROUND LIGHTS AT EACH CAB DOOR AND AT REAR. SIREN: FEDERAL SIGNAL SMART SYSTEMS SIREN INSIDE CAB SPEAKER: PBI00B CODE-3 SPEAKER MOUNTED AT FRONT. CONTROL PANEL: FEDERAL SIGNAL SMART SYSTEM SS2000-LMS PANEL INSTALLED INSIDE CAB TO CONTROL WARNING AND SCENE LIGHTING. BACK-UP ALARM: INSTALLED TO SOUND WHEN CHASSIS IS IN REVERSE. MASTER SWITCH: TO DISCONNECT POWER TO THE WARNING SYSTEM, STRIPE AND LETTER: 6" REFLECTIVE STRIPE AROUND UNIT AND DOORS LETTERED WITH DEPARTMENT NAME IN WHITE REFLECTIVE LETTERS. PUMPING SYSTEM: (1) PTO DRIVEN DARLEY 500 GPM AT 150 P.S.I. INSTALLED ON CHASSIS. (1) CHELSEA ELECTRIC HOT SHIff PTO INSTALLED ON TRANSMISSION. (1) KUNKLE MECHANICAL STYLE RELIEF VALVE PRE-SET AT 200 P .S.I. (1) MASTER PUMP DRAIN TO DRAIN ALL WATER FROM PUMP, (1) DARLEY 12V PRIMER INSTALLED FOR DRAFTING PUROPOSES WITH CONTROL AT OPERATORS PUMP PANEL ON DRIVERS SIDE. INCLUDES OIL RESERVOIR TANK. (1) THROTTLE CONTROL AT PUMP PANEL TO CONTROL ENGINE SPEED. (1) NIBCO AIR VALVE TO SUPPLY WATER TO PUMP. OPEN/CLOSE AIR SWITCH. (1) 1 W' AKRON SWING OUT STYLE VALVE INSTALLED IN THE DISCHARGE PLUMBING FOR TANK FILLING FROM THE PUMP AND TO RECYCLE DISCHARGE WATER FOR COOLING PURPOSES. (2) 2 W' DISCHARGES (ONE PER SIDE) CONTROLLED AT THE DISCHARGE PORT, (2) 4" SUCTION LINES WITH STORZ 5" ADAPTERS - (1) PER SIDE. / ..,,---., ,---- '. ~ (1) MASTER GAUGE - (1) COMPOUND GAUGE INSTALLED ON PUMP PANEL. ALUMINUM PUMP PANEL INSTALLED IN DRIVER SIDE COMPARTMENT WITH CONTROLS FOR THROTTLE, TANK VALVE, PRIMER AND PANEL LIGHTS. PUMP PANEL LIGHT TO ILLUMINATE PANEL ABOVE IT. . MUD FLAP: MUD FLAPS INSTALLED BEHIND REAR TIRES. MOUNTING: MOUNTED ON CHASSIS FRAME WITH PLASTIC BOARD BETWEEN TRUCK FRAME AND SILL. FRONT BOLTS ARE SPRING LOADED. TANK FINISH: STAINLESS IN NATURAL SATIN FINISH - EXTERIOR WELDS SEAMS CLEANED, PUMP TESTING: 150 PSI FOR 20 MINUTES 200 PSI FOR 10 MINUTES 250 PSI FOR 10 MINUTES PRIMING TEST RELIEF VALVE TEST PUMP TEST DOCUMENTS SUPPLIED WITH UNIT CHASSIS: 2009 INTERNATIONAL 7400 CHASSIS PER SPECIFICATIONS WHEEL BASE FRONT AXLE REAR AXLES TRANSMISSION ENGINE CHASSIS COLOR 222" 14,000 LBS. 40,000 LBS ALLISON 300 EVS5 SPEED AUTOMATIC IHC 330 HP DIESEL WI ENGINE BREAK RED PRICE F.O.B. SULLIVAN, IL $160,890.00 AUTHORIZE CALHOUN COUNTY WASTE MANAGEMENT TO APPLY FOR A SO/50 MATCHING GRANT THROUGH THE GOLDEN CRESCENT REGIONAL PLANNING COMMISISON'S REGIONAL SOLID WASTE GRANTS PROGRAM FOR A TIRE SHEAR: A Motion was made by Commissioner Galvan and seconded by Commissioner Lyssy to sign a Resolution authorizing Patricia Kalisek with the Calhoun County Solid Waste/Recycle Center to file for a Grant Application with the Golden Crescent Regional Planning Commission for a Regional Solid Waste Program Grant for a Tire Shear. Commissioners Galvan, Lyssy, Fritsch, Finster and Judge Pfeifer all voted in favor. . .. ~ . ~ ".~ -,... '., RESOLUTION RESOLUTION OF CALHOUN COUNTY AUTHORIZING THE FILING OF A GRANT APPLICATION WITH THE GOLDEN CRESCENT REGIONAL PLANNING COMMISSION FOR A REGIONAL SOLID WASTE PROGRAM GRANT; AUTHORIZING PATRICIA KALISEK TO ACT ON BEHALF OF CALHOUN COUNTYIN ALL MATTERS RELATED TO THE APPLICATION; AND PLEDGING THAT IF A GRANT IS RECEIVED, CALHOUN COUNTY WILL COMPLY WITH THE GRANT REQUIREMENTS OF THE GOLDEN CRESCENT REGIONAL PLANNING COMMISSION, THE TEXAS COMMISSION ON ENVIRONMENTAL QUALITY, AND THE STATE OF TEXAS. WHEREAS, the Golden Crescent Regional Planning Commission is directed by the Texas Commission on Environmental Quality to administer solid waste grant funds for implementation of the Golden Crescent Regional Planning Commission's adopted . regional solid waste management plan; and WHEREAS, Calhoun County, Texas is qualified to apply for grant funds under the Request for Applications. NOW, THEREFORE, BE IT RESOLVED BY Calhoun County in Port Lavaca, Calhoun County, Texas; I That Patricia Kalisek is authorized to request grant funding under the Golden Crescent Regional Planning Commission Request for Applications of the Regional Solid Waste Grants Program and act on behalf of Calhoun County in all matters related to the grant application and any subsequent grant contract and grant projects that may result. 2 That if the project is funded, Calhoun County will comply with the grant requirements of the Golden Crescent Regional Planning Commission, Texas Commission on Environmental Quality and the State of Texas. 3 The grant funds and any grant-funded equipment or facilities will be used only for the purposes for which they are intended under the grant. 4 That activities will comply with and support the adopted regional and local solid waste management plans adopted for the geographical area in which the activities are . performed. 5 That Calhoun County is not in arrears in payment of any municipal solid waste fee owed to the State of Texas. . << .... ",. It ..' PASSED AND APPROVED by Calhoun County Commissioner's Court on this 23rd Day of October, 2008. Vernon Lyssy, Calhoun County Commissioner, Precinct 2 't4~ NtJrifsCh. . Calhoun County Commissioner, Precinct 3 L ;!. -- t-~-::r~ Kenneth Finster, .. . Calhoun County Commissioner, Precinct 4 ATTEST WQJ(I(i ~ Anita FriC~ Calhoun County Clerk APPROVED ~dJ~~ ichael J.P~ fe Calhoun County Judge "' APPROVE SPECIFICATIONS AND AUTHORIZE THE COUNTY AUDITOR TO ADVERTISE FOR BIDS FOR PRESCRIPTION DRUGS FOR THE PERIOD BEGINNING JANUARY 1, 2009 AND ENDING DECEMEBER 31, 2009. BIDS WILL BE DUE THURSDAY, DECEMBER 4, 2008 AND WILL BE CONSIDERED FOR AWARD ON THURSDAY, DECEMBER 11, 2008: A Motion was made by Commissioner Lyssy and seconded by Commissioner Fritsch to approve the specifications and authorize the County Auditor to advertise for bids for Prescription Drugs for the period beginning January 1, 2009 and ending December 31, 2009, which said bids will be due Thursday, December 4, 2008 and they will be considered for award on Thursday, December 11, 2008. Commissioners Galvan, Lyssy, Fritsch, Finster and Judge Pfeifer all voted in favor. j. "1 LLEB rOR s ~ lUCY M DID. CPA 1ST ASSISTANT AUDITOR 201 W. AUS REEl PORT LAVACA, TEXAS 17919 TELEPHONE [361J 553-4610 FAX (361) 553-4614 PEGGY HAll ADAM R MACHICEK AMY C RAWLINSON ASSISTANT AUDITORS October 23, 2008 To: Vendor Re: Prescription Drugs The "BID PACKAGE" consists of the following: . Invitation To Bid Form - The original of the Invitation To Bid Form & Prescription Drugs Form must be returned in a Sealed Envelope. @" The outside of the sealed envelope must be marked: "Sealed Bid - Prescription Drugs" @" If you would like to send additional information on your product(s), please send 6 copies (One copy for each Commissioner, One copy for the County Judge and One copy for the County Auditor) . Specifications for Prescription Drugs . General Conditions of Submitting Sealed Bids to Calhoun County, Texas . Copy of ad If you have questions, please contact one of the Commissioner's at the following numbers: Roger Galvan, Commissioner, Precinct #1 : Vern Lyssy, Commissioner, Precinct #2: Neil Fritsch, Commissioner, Precinct #3: Kenny Finster, Commissioner, Precinct #4 361-552-9242 361-552-9656 361-893-5346 361-785-3141 Questions regarding the bid Packages can be answered by calling Peggy at 361-553-4610 in the County Auditor's Office, 201 W Austin St, Port Lavaca, TX 77979. CALHOUN COUNTY, TEXAS BID SHEET -IPRESCRIPTloN DRUGS I INVIT A liON 10 110 BIDDER BID ITEM ~PRESCRIPTlON DRUGS I PERIOOFROM: JANUARY 1, 2009 PERIOOTO: DECEMBER 31,2009 YOU ARE INVITED TO SUBMIT A BID ON THE ABOVE ITEM TO: HONORABLE MICHAEL J PFEIFER, COUNTY JUDGE, 211 S ANN ST, 3RD FLOOR, ROOM 301, PORT LA VA CA TX 77979 BIDS SHOULD BE SUBMITTED IN A SEALED ENVELOPE PLAINLY MARKED: SEALED BID. I PRESCRIPTION DRUGS BIDS ARE DUE AND WILL BE PUBLICLY OPENED IN THE COUNTY JUDGE'S OFFICE AT: 10:00 AM, THURSDA Y, DECEMBER 4, 2008 BIDS WILL BE CONSIDERED FOR AWARD AT THE COMMISSIONERS' COURT MEETING ON: THURSDAY, DECEMBER 11,2008 BIDS RECEIVED AFTER THE OPENING TIME WILL BE RETURNED UNOPENED TO BIDDER. THE 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 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. CALHOUN COUNTY ACCEPTS NO FINANCIAL RESPONSIBILITY FOR ANY COSTS INCURRED BY ANY PROPOSER/BIDDER IN THE COURSE OF RESPONDING TO THESE SPECIFICATIONS. SPECIFICA TlONS: PRESCRIPTION DRUGS SEE ATTACHED FORM SEE SPECIFICATIONS FOR PRESCRIPTION DRUGS PEI~lIIN See Attached Form The undersigned affirms that they ore duly authorized to execute this contract, that this company, corporation, firm, partnership or individual has not prepared this bid in collusion with any other or Bidder, and that the contents of this bid os to prices, terms or conditions of said bid hove 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. AUTHORlZm SIGNATURE TlJlE: PRINT NAME: DATE OF 81: TELEPHONE NUMBER: PlEASE UST ANY EXCEPnONS TO THE ABOVE SPECRATIINS: Monday, OCtober 20, 2008 _m CALHOUN COUNTY PRESCRIPTION DRUGS JANUARY 1, 2009 Thru DECEMBER 31, 2009 ~ Return this Form with the "Invitation To Bid Form" FOR COUNTY DEPARTMENTS . Adult Detention Center (Jail) AMOUNT TO BE ADDED TO OR (DEDUCTED FROM) AVERAGE WHOLESALE PRICE All charges must be included in bid price. No other charges mav be added to the bid price when invoiced unless noted as an exception on the bid form. See additional Specifications for Prescription Drugs . Health Department AMOUNT TO BE ADDED TO OR (DEDUCTED FROM) A VERAGE WHOLESALE 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. See additional Specifications for Prescription Drugs FOR COUNTY INDIGENTS . NET COST to be computed in accordance with 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 2009.) ADDITIONAL DISCOUNT TO BE APPLIED TO NET COST OF GENERIC PRESCRIPTION DRUGS ADDITIONAL DISCOUNT TO BE APPLIED TO NET COST OF NAME BRAND PRESCRIPTION DRUGS 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 SECTION FOUR SERVICE DELIVERY Page 12 Basic Health Care Services (continued) Prescription Drugs Rural Health Clinic (RHC) Services This service includes up to three prescription drugs per month. New and refilled prescriptions count equally toward this three prescription drugs per month total. Drugs must be prescribed by a physician or other practitioner within the scope of practice under law. The quantity of each prescription depends on the prescribing practice of the physician and the needs of the patient. Payment Standard. Use the following information and formula. · Use the drug's 11-digit National Drug Code (NDC) number and the quantity dispensed to select the average wholesale price (AWP) in the Red Book@. In addition to the annual Red Book@, the monthly Red Book@ Update may be used. Red Book@ products may be obtained by contacting Thomson Healthcare at 1-800-678-5689. · Net Cost is: o Red Book@ AWP minus 40% for generic prescription drugs o Red Book@ A WP 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 Examole: Red Book@ AWP for 25 tablets is $100.00. 1. $100.00 divided by 25 = $4.00 per tablet 2. $4.00 per tablet x 34 tablets (prescribed quantity) = $136.00 3. $136.00 - $54.40 (40% for generic) = $81.60 4. $81.60 + $5.60 (dispensing fee) = $87.20 TDSHS Payable · A payment amount may be negotiated with the provider for: o Prescription compound drugs, o Prescription drugs not listed in the Red Book@, or o Prescription drugs that do not have an NDC number. RHC services must be provided in a freestanding or hospital-based rural health clinic and provided by a physician, a physician assistant, an advanced practice nurse (including a nurse practitioner, a clinical nurse specialist, and a certified nurse midwife), or a visiting nurse. Payment Standard: Use the Rate Per Visit in the "Medicare-Approved Rural Health Clinic Rates" included in Section Four, Service Delivery. CIHCP 05-5 September 2005 SPECIFICATIONS FOR PRESCRIPTION DRUGS The County of Calhoun is requesting sealed bids for Prescription Drugs for the following: . Calhoun County Adult Detention Center (Jail) See Prescription Drugs Form . Health Department See Prescription Drugs Form . County lndigents See Prescription Drugs Form 1. The bid shall be in effect for a period of twelve (12) months beginning January 1, 2009 and ending December 31,2009. 2. "Average Wholesale Price Red Book" will be made available to the County when requested. Each monthly billing will include the following: Pharmacy Name & Address Date Patient Name & Address Drug (Generic or Name Brand) Amount New or Refill Price that is charged to the County 2. 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. 3. If any further information is needed concerning specifications, contact Calhoun County Auditor's Office Courthouse Annex Building Attn: Peggy Hall 201 W Austin St Port Lavaca, TX 77979 (361) 553-4610 Page 1 of 5 ._..... r.;.;~~~_ GENERAL CONDITIONS OF BIDDING FAILURE TO COMPLY WITH THESE GENERAL CONDITIONS OF BIDDING MAY RESULT IN THE BID BEING DISQUALIFIED. 1. BIDDING ~ SUBMIT ORIGINAL OF THE "INVITATION TO BID" Form AND "CALHOUN COUNTY PRESCRIPTION DRUGS" Form @' Return the original "Invitation to Bid Form" & "Calhoun County Prescription Drugs" Form ~ If you would like to send other information, 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. TIME AND DATE: Formal bids must be in the office of the County Judge on or before 10:00 AM, Thursday, December 4,2008. An early postmark will not suffice. Be sure you have allowed ample time for postal delivery. The County will not be responsible for the delivery of your bid to the office of the County Judge. If you choose to send your bid by postal delivery, then it is recommended that you call the County Judge's office at 361-553-4600 to verify receipt of your bid prior to bid opening. Calhoun County does not accept faxed or emailed bids. All BIDS ARE DUE on or before 10:00 AM, Thursday, December 4, 2008 at the following address: Honorable Michael J Pfeifer Calhoun County Judge 211 S Ann St 3rd Floor I Room 301 Port Lavaca TX 77979 ~ Mark the outside of the sealedenvelooe with the name of the bid item. C. WITHDRA W AL OF BID: A bidder may withdraw their bid before County acceptance of the bid without prejudice to himself/herself, by submitting a written request for its withdrawal to the County Judge. D. Bids should show total unit price. All 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. F. Bidders are invited to be present at the opening of bids. Once the award has been made, the bids may be viewed at the Auditor's Office, Courthouse Annex Building, 201 W Austin St., Port Lavaca, TX 77979. Page 2 of5 2. BIDS: Bids are for a twelve (12) month period, beginning January 1,2009 and ending December 31,2009. 3. BID FORMS: The "Invitation to Bid Form" must be signed and dated by an officer (or employee) who is authorized to sign for the business. 4. EXCEPTIONS: If exceptions are being taken to any part of specifications, have them listed on the Invitation to Bid Form or on your letterhead and manuallv sign it. 5. TAXES: The County is exempt from the Federal Excise Tax and the Sales and Use Tax. The bid price must not include the above mentioned taxes. 6. AWARD Commissioners' Court reserves the right to waive technicalities, reject any or all bids, to accept the bid deemed most advantageous to Calhoun County and to be the sole judge in determining which bids will be most advantageous to Calhoun County. In the event of tie bids, the winning bid is determined per the Texas Local Government Code 262.027(b). The County of Calhoun, Texas is an Equal Employment Opportunity Employer. The County does not discriminate on the basis of race, color, national origin, sex, religion, age or handicapped status in employment or the provision of services. 7. BILLING: All bills are subject to approval by the Auditor's office. Payment of all invoices will be made once the purchase order and invoice(s) are properly and timely submitted to the Treasurer's office by the appropriate County Department. Commissioners' Court meet the 2nd and 4th Thursday of each month to approve bills. Each County Department is responsible for submitting their purchase orders for payment and the purchase orders are due by 4:00 PM in the Treasurer's Office the Thursday before each Commissioners' Court meeting. No Payment can be mailed out until approved by Commissioners' Court. Page 3 of5 8. CONDITIONS PART OF BID: The general conditions of bidding defined herein shall be a part of the attached bid. 9. CONTRACT: A. No formal contract will be executed. The following will comprise the contract between the County and the successful bidder. 1. Notice to bidders 2. General Specifications 3. General conditions to bidding 4. The signed Invitation To Bid Form and Prescription Drugs Form with bid amount 5. Letter awarding the bid B. In case of conflict, the specifications shall be controlling. 10. PROTEST PROCEDURES: Any actual or prospective bidder or proposer who believes they are aggrieved in connection with or pertaining to a 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 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. Page 4 of 5 ,. II. PUBLIC INFORMA nON 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 Atln: Cindy Mueller, County Auditor 201 W. Austin St. Port Lavaca, TX 77979 Phone: 361-553-4610 Fax: 361-553-4614 Page 5 of5 ....- " ~ INVITA TION TO BID Notice is hereby given that the County of Calhoun, Texas will receive bids for the following items: PRESCRIPTION DRUGS SEALED BIDS are DUE in the Judge's office on or before 10:00 AM, Thursday, December 4, 2008. Mailingjphysical Address: Honorable Michael J Pfeifer, County Judge, 211 S Ann, 3rd Floor, Rm 301, Port Lavaca, TX 77979 Bid packages may be obtained from the Calhoun County Auditor's Office, Courthouse Annex Building, 201 W. Austin St., Port Lavaca, TX 77979 or by calling Peggy at 361-553- 4610. 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 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. CINDY MUELLER, COUNTY AUDITOR CALHOUN COUNTY, TEXAS APPROVE SPECIFICATIONS AND AUTHORIZE COUNTY AUDITOR TO ADVERTISE FOR BIDS FOR ASPHALTS, OILS AND EMULSIONS FOR THE PERIOD BEGINNING JANUARY 1,2009 AND ENDING JUNE 30,2009. BIDS WILL BE DUE THURSDAY, DECEMBER 4, 2008 AND WILL BE CONSIDERED FOR AWARD ON THURSDAY, DECEMBER 11, 2008: A Motion was made by Commissioner Galvan and seconded by Commissioner Fritsch to approve the specifications and authorize the County Auditor to advertise for bids for Asphalts, Oils and Emulsions for the period beginning January 1, 2009 and ending June 30, 2009, which said bids will be due Thursday, December 4, 2008 and they will be considered for award on Thursday, December 11, 2008. Commissioners Galvan, Lyssy, Fritsch, Finster and Judge Pfeifer all voted in favor. 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 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, 2009 and ending June 30, 2009. 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) At this time there are no TXDOT Specifications therefore; 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 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. 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 Vern 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 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 Form" ~ 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. DUE - TIME AND DATE: Sealed bids must be in the office of the County Judge by 10:00 AM, Thursday, December 4,2008. 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, Thursday, December 4,2008 at the following address: Honorable Michael J Pfeifer Calhoun County Judge 211 S Ann St 3rd Floor, Room 301 Port Lavaca TX 77979 g:' Mark the outside of the sealed envelol1e with the name of the bid item. 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. 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, 201 West Austin Street, Port Lavaca, TX 77979. Page 3 of6 2. BIDS: Bids are for a six (6) month period beginning January 1,2009 and ending June 30, 2009. 3. BID FORMS: The "Invitation to Bid Form" must be signed and dated by an officer (or employee) who is authorized to sign for the business. 4. EXCEPTIONS: If exceptions are being taken to any part of specifications, have them listed on the Invitation to Bid Form or on your letterhead and 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 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. Page 4 of6 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. L Notice to bidders 2. General Specifications 3. General conditions to bidding 4. The signed Invitation To Bid Form with bid amount 5. 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 HealthAct of 1970, as amended and in force at the date hereof. Page 5 of6 I' 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 ofthe 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 18. PUBLIC INFORMA nON 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 Atln: Cindy Mueller, County Auditor 201 W. Austin St. Port Lavaca, TX 77979 Phone: 361-553-4610 Fax: 361-553-4614 Page 6 of6 ,.~' APPROVE SPECIFICATIONS AND AUTHORIZE COUNTY AUDITOR TO ADVERTISE FOR BIDS FOR INSECTICIDES/PESTICIDES FOR MOSQUITO CONTROL FOR THE PERIOD BEGINNING JANUARY 1, 2009 AND ENDING JUNE 30, 2009. BIDS WILL BE DUE THURSDAY, DECEMBER 4, 2008 AND WILL BE CONSIDERED FOR AWARD ON THURSDAY, DECEMBER 11, 2008: A Motion was made by Commissioner Galvan and seconded by Commissioner Fritsch to approve the specifications and authorize the County Auditor to advertise for bids for Insecticides/Pesticides for Mosquito Control for the period beginning January 1, 2009 and ending June 30, 2009, which said bids will be due Thursday, December 4, 2008 and they will be considered for award on Thursday, December 11, 2008. Commissioners Galvan, Lyssy, Fritsch, Finster and Judge Pfeifer all voted in favor. SPECIFICA TIONS 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 lobsites Precinct #2, Six Mile Area or lobsites Precinct #3, Olivia Area or lobsites Precinct #4-P, Port O'Connor Area or lobsites Precinct #4-S, Seadrift Area or lobsites 2. The bid shall be in effect for a period of Six (6) Months Beginning January 1, 2009 and Ending June 30, 2009. 3. Bid Items are: · Mineral Oil · Malathion - Active Ingredients: 96.5% Malathion 3.5% Inert Ingredients · 30-30 UL V - 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 · Oil Soluble Synthetic Pyrethroid - Active Ingredient: d-Phenothrin · 20-20 UL V - Active Ingredients: 20% Permethrin 20% Piperonyl Butoxide Technical 60% Other Ingredients 4. Delivery shall be FOB Destination to lobsite. 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 Street Port Lavaca TX 77979 Phone: (361) 553-4610 Fax: (361) 553-4614 Page 1 of5 GENERAL CONDITIONS OF BIDDING FAILURE TO COMPLY WITH THESE GENERAL CONDITIONS OF BIDDING MAY RESULT IN THE BID BEING DISQUALIFIED. 1. BIDDING IMP Return Only the Original of the "Invitation to Bid Form" IMP 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. DUE - TIME AND DATE: Sealed bids must be in the office of the County Judge on or before 10:00 AM, Thursday, December 4,2008. 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, Thursday, December 4,2008 at the following address: Honorable Michael J Pfeifer Calhoun County Judge 211 S Ann St Third Floor, Room 301 Port Lavaca TX 77979 g:> Mark the outside of the sealed envelove with the name of the bid item 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. 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, 201 West Austin Street, Port Lavaca, TX 77979. Page 2 of5 2. BIDS: Bids are for a six (6) month period beginning January 1,2009 and ending June 30, 2009. 3. BID FORMS: The "Invitation to Bid Form" must be signed and dated by an officer (or employee) who is authorized to sign for the business. 4. EXCEPTIONS: If exceptions are being taken to any part of specifications, have them listed on the Invitation to Bid Form or on your letterhead and manuallv sif!n it. 5. TAXES: 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 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. Page 3 of5 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. Notice to bidders 2. General Specifications 3. General conditions to bidding 4. The signed Invitation To Bid Form with bid amount 5. 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 4 of 5 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 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. 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 Page 5 of 5 APPROVE SPECIFICATIONS AND AUTHORIZE COUNTY AUDITOR TO ADVERTISE FOR BIDS FOR ROAD MATERIALS FOR THE PERIOD BEGINNING JANUARY 1, 2009 AND ENDING JUNE 30, 2009. BIDS WILL BE DUE THURSDAY, DECEMBER 4, 2008 AND WILL BE CONSIDERED FOR AWARD ON THURSDAY, DECEMBER 11, 2008: A Motion was made by Commissioner Galvan and seconded by Commissioner Fritsch to approve the specifications and authorize the County Auditor to advertise for bids for Road Materials for the period beginning January 1, 2009 and ending June 30, 2009, which said bids will be due Thursday, December 4, 2008 and they will be considered for award on Thursday, December 11, 2008. Commissioners Galvan, Lyssy, Fritsch, Finster and Judge Pfeifer all voted in favor. SPECIFICA TIONS 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, 2009 and Ending June 30, 2009. 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 Yz 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: 15" 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 perfortn 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 mav be added to the bid pric~ 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. 't I 'f ,. 11 Ii 6. If any further information is needed concerning specifications, contact Commissioner Roger Galvan, Precinct 1,361-552-9242 Commissioner Vern Lyssy, Precinct 2,361-552-9656 CommissioI).er 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 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 Form" ~ 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. DUE - TIME AND DATE: Sealed bids must be in the office of the County Judge on or before 10:00 AM, Thursday, December 4,2008. 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, Thursday, December 4, 2008 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 ,envelol1e with the name of the bid item. 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 mav be added to the bid price when invoiced unless noted as an exception on the bid form. E. No change in price will be considered after bids have been opened. F. Bidders are invited to be present at the opening of bids. Once 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. Page 3 of6 2. BIDS: Bids are for a six (6) month period beginning January 1,2009 and ending June 30, 2009. 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 shIn 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 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. Page 4 of6 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. 1 L CONTRACT: A. No formal contract will be executed. The following will comprise the contract between the County and the successful bidder. 1. Notice to bidders 2. General Specifications 3. General conditions to bidding 4. The signed Invitation To Bid Form with bid amount 5. 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. 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: Page 5 of6 L 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 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. 18. PUBLIC INFORMA nON 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 8t. Port Lavaca, TX 77979 Phone: 361-553-4610 Fax: 361-553-4614 Page 6 of6 PUBLIC HEARING ON THE MATTER OF AMENDING THE 2008 CALHOUN COUNTY AND MEMORIAL MEDICAL CENTER BUDGETSl Judge Pfeifer opened the Public Hearing regc}rding amending the 2008 Calhoun County Budgets at 10:40 a.m. There were no public comments. Judge Pfeifer closed the Public Hearing at 10:45 a.m. AMEND THE 2008 CALHOUN COUNTY AND MEMORIAL MEDICAL CENTER BUDGETS: A Motion was made by Commissioner Galvan and seconded by Commissioner Fritsch to approve amending the 2008 Calhoun County and Memorial Medical Center Budgets. Commissioners Galvan, Lyssy, Fritsch, Finster and Judge Pfeifer all voted in favor. .....' .:-::. .-.,'."'... .. ...::-::-:,<:::.'~.: ..-:-.::''':...,,' .::.'.:.-:'.' .iIiII ..-.= ..- -,......-.. ..--'.'."...".'. .- .- ... -"".. oiill'.... -:'0,','.:... Q :::":':..::"':':.:: <:) .,.,.._" ." ~'....'.'....~..~..... 5~ o ~ ~O Q =Z <: - . :;:) . ~ .~...... 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"GeO ~ !'f; ~ ! =......'.'......'.......'....'..... ~ !E :~~ CD - o ll) Q) 01 nl a. !~ "0. lz1 f::l .Jx.. b. 11<1: :E '0::' ;i:~; _ w, c.:tC:> :i!::;;: .0 ,0:: ,LL: ~c/:i' 'z, '<:C. ~'Cr;'> :'to-: 00 o o N '" N Q; .0 o "0 o >. nl "0 l!! ::l .<: I- t' !ila~ - ..'...e.n. .'... Ii.,.,. <:~ t>: IJ,;' (!) 2: .-; ~ ~ o 0:: ~ Bj o ..... ~ - ~ :E ..... :g 0:: o ~ :E ~ ~ Q ~ u.. >; '" "0 '" ::; .r:::; I- ! I . APPROVE THE PRELIMINARY PLAT FOR H&.H RV PARK AND BOAT STORAGE LOCATED IN PORT O'CONNOR, TEXAS: A Motion was made by Commissioner Finster and seconded by Commissioner Fritsch to approve the Preliminary Plat FOR H&H RV Park and Bdat Storage located in Port O'Connor, Texas. Commissioners Galvan, Lyssy, Fritsch, Finster and Judge pfeifer all voted in favor. CHANGE ANNUAL REQUIREMENT FOR RABIES VACCINATIONS IN CALHOUN COUNTY TO A THREE YEAR VACCINATION AND AMEND ANIMAL CONTROL ORDINANCE ACCORDINGLY: A Motion was made by Commissioner Fritsch and seconded by Commissioner Lyssy to approve changing the annual requirement for Rabies Vaccinations in Calhoun County to a Three-Year Vaccination and Amend the Animal Control Ordinance accordingly. Commissioners Galvan, Lyssy, Fritsch, Finster and Judge Pfeifer all voted in favor. .J RABIES CONTROL ORDINANCE (DOG ORDINANCE) A Motion was made by Commissioner Neil Fritsch and seconded by Commissioner Lyssy to Adopt the following Dog Ordinance with the Amendment to "vaccinations" and amending to the body to contain vaccinations from one year to a three year vaccination. Section 822.013 of Vernon's Annotated Civil Statutes. Commissioners Galvan, Lyssy, Fritsch, Finster, and Judge Pfeifer all voted in favor. THE STATE OF TEXAS )( IN THE COMMISSIONERS' COURT OF COUNTY OF CALHOUN )( CALHOUN COUNTY, TEXAS ON THIS the 23rd day of October, 2008, the Commissioners' Court of Calhoun County, Texas, being in regular session at a regular term of said Court, the following members thereof being present, MICHAEL PFEIFER - County Judge, ROGER GAL V AN - Commissioner, Precinct No.1, VERN LYSSY -_ Commissioner, Precinct No.2, NEIL FRITSCH - Commissioner, Precinct No.3, KENNETH FINSTER - Commissioner, Precinct No.4, The following proceedings, among others, were had, to wit: WHEREAS, it is the desire of this Court to provide the following regulations for reporting of human exposure to rabies, quarantining of biting animals, restraint of dangerous animals, vaccination requirement and importation of certain animals that have a high probability of carrying rabies into the county; and describing penalties for violation of such provisions in accordance with and pursuant to the Texas Health and Safety Code, Chapter 822, Subchapter D, and Chapter 826, be adopted by the Commissioners' Court of Calhoun County, Texas, in the form of an Order of the Commissioners' Court; _ THEREFORE, BE IT ORDERED BY THE COMMISSIONERS' COURT OF CALHOUN COUNTY, TEXAS, THAT: / / SECTION 1. DEFENITIONS. When used in this ordinance, the following words and terms unless the context indicates a different meaning, shall be interpreted as follows: 1.1 Owner: Any person, firm of corporation who has custody or control of an animal or who harbor, feeds, shelter, has responsibility to control or allows an animal to remain about his premises for a period of ten (10) days. Page 1 of 11 1.2 Harboring: The act of keeping and caring for an animal or of providing a premise to which the animal returns for food, shelter of care for a period of ten (10) days. 1.3 Domestic Animals: Any animal normally adapted to live in intimate association with humans or for the advantage of humans. 1.4 Wild Animal: Shall include all species of animals which commonly exist in a natural unconfined state and are usually not ,domesticated. This shall apply regardless of state or duration of captivity. 1.5 Pet Animal: Shall include dogs, cats, rabbits, ferrets, rodents, birds, reptiles and any other species of animal which is sold or retained as a household pet, but shall not include skunks, nonhuman primates and any other species of wild exotic or carnivorous animal that may be further restricted in this law. 1.6 Dog: Shall mean any live or dead domestic animal that is a member of the canine family (canis familiaris). 1.7 Cat: Shall mean any live or dead domestic animal that is a member of the feline family cat (felis catus). 1.8 Dangerous Dog: Means a dog that: (A) Makes an unprovoked attack on a person that causes bodily injury and occurs in a place other than an enclosure in which the animal was being kept and that was reasonably certain to prevent the animal from leaving the enclosure on its own; or (B) Commits unprovoked acts in a place other than an enclosure in which the dog was being kept and those acts cause a person to reasonably believe that the animal will attack and cause bodily injury to that person. 1.9 Stray Animal: Any animal for which there is no identifiable owner or harborer or any animal roaming with no physical restrain beyond the premises of an animal's owner or harborer. 1.10 Running at Large: Shall mean not completely confined by a building, wall or fence of sufficient strength of construction to restrain the animal, except when such animal is either on a leash or held in the hands of the owner or keeper [or under direct supervision of the owner within the limits of the owner's private property]. An animal within an automobile or other vehicle shall not be deemed "running at large". 1.11 Vaccinated: Means properly injected with a rabies vaccine licensed for use in that species by the United States Department of Agriculture and administered by a veterinarian licensed by the State of Texas. Page 2 of 11 1.12 Currently Vaccinated: Means vaccinated and satisfying the following criteria: Following theTexas Administrative Code Chapter 169, Rabies Control and Eradication as approved by the Texas Department of State Health Services. 1.13 Local Rabies Control Authority: A person designated by the county to receive reports of animal bites, investigate bite reports, insure quarantine of possibly rabid animals and otherwise carry out provisions of the Texas law pertaining to control and eradication of rabies. 1.14 Secure Enclosure: A fenced area or structure that is locked; capable of preventing the entry of the general public, including children; capable of preventing the escape or release of a dog; clearly marked as containing a dangerous dog; and in conformance with the requirements for enclosures established by the Calhoun County animal control authority. SECTION 2. RABIES CONTROL. 2.1 Vaccinations: The owner of each dog or cat shall have the dog or cat vaccinated against rabies pursuant to the Texas Administrative Code Chapter 169, Rabies Control and Eradication as approved by the Texas Department of State Health Services. Any person moving into the county from a location outside of the county shall comply with this ordinance within ten (10) days after having moved into the county. If the dog or cat has inflicted a bite on any person or other animal within the last ten (10) days, the owner of said dog or cat shall report such fact to the veterinarian, and no rabies vaccine shall be administered until after the 10-day observation period. 2.2 Certification of Vaccination: Upon vaccination, the veterinarian shall execute and furnish to the owner of the dog or cat as evidence thereof, a certificate upon a form furnished by the veterinarian. The veterinarian shall retain a duplicate copy. Such certificate shall contain the following information: (a)The name, address and telephone number of the owner of the vaccinated dog or cat; (b) The date of vaccination; (c )The type of rabies vaccine used; (d) The year and number of rabies tag; and (e )The breed, age, color and sex of the vaccinated dog or cat. 2.3 Rabies Tags: Concurrent with the issuance and delivery of the certificate of vaccination referred to in Section 2.2, the owner of the dog or cat shall cause to be attached to the collar or harness of the vaccinated dog or cat a metal tag, serially numbered to correspond with the vaccination certificate number and bearing the year of issuance and the name of the Page 3 of 11 issuing veterinarian and his address. The owner shall cause the collar or harness with the attached metal tag to be worn by his dog or cat at all times. 2.4 Duplicate Tags: In the event ofloss or destruction of the original tag provided in Section 2.3, the owner of the dog shall obtain a duplicate tag. Vaccination certificates (and tags) shall be valid only for the animal for which it was originally issued. 2.5 Proof: It shall be unlawful for any person who owns or harbors a vaccinated dog or cat to fail or refuse to exhibit his copy of the certificate of vaccination upon demand to any person charged with the enforcement of this ordinance. 2.6 Harboring Unvaccinated Animals: It shall be unlawful for any person to harbor any dog or cat which has not been vaccinated against rabies, as provided herein, or which cannot be identified as having a current vaccination certificate. 2.7 Animals exposed to Rabies: Any person having knowledge of the existence of any domesticated animal known to have been or suspected of being exposed to rabies must immediately report such knowledge to the local rabies control authority, giving any information which may be required. For any domestic animal known to have been or suspected of being exposed to rabies, the following rules must apply: (a) Domestic animals having a current vaccination must be given a booster rabies vaccination immediately and confined according to the method prescribed by the local rabies control authority for a period of not less than forty-five (45) days. (b) Domestic animals not having a current vaccination should be humanely destroyed. However, if the owner of such an animal elects, he may at his expense and in a manner prescribed by the local rabies control authority, confine said animal. Such animal must be vaccinated against rabies immediately following exposure and quarantined for not less than ninety (90) days. Such animal shall be given booster vaccinations during the third and eight weeks of isolation. If the animal is under three (3) months of age, an additional booster rabies vaccination shall be given when the animal reaches three (3) months of age. SECTION 3. REPORTING HUMAN BITES FROM ANIMALS SUSCEPTIBLE TO RABIES: RELATED PROCEDURES. 3.1 Any person having knowledge of an animal bite to a human will report the incident to the local rabies control authority as soon as possible, but not later than twenty-four (24) hours from the time of the incident. 3.2 The owner of the biting animal will place that animal in quarantine as prescribed in Section 4 under the supervision of the local rabies control authority. Page 4 of 11 3.3 The local rabies control authority will investigate each bite incident utilizing standardized reporting forms provided by the Texas Department of Health. . 3.4 Human bites from rodents, rabbits, birds and reptiles are excluded from the reporting requirements of this action. SECTION 4. QUARANTINE PROCEDURES FOR ANIMALS 4.1 When a dog or cat has bitten a human has been identified, the owner will be required to produce the animal for ten (10) days confinement at the owner's expense. Refusal to produce said dog or cat constitutes a violation of this section, and each day of such refusal constitutes a separate and individual violation. The 10-day observation period will begin on the day of the bite incident. The animal must be placed in the animal control facilities or a veterinary hospital approved for that purpose by the local rabies control authority. However, the owner of the animal may request permission from the local rabies control authority for home quarantine if the following criteria can be met: (A) Secure facilities must be available at the home of the animal's owner and must be approved by the local rabies control authority. (B) The animal is currently vaccinated against rabies. (C) The local rabies control authority or a licensed veterinarian must observe the animal or least on the first and last days of the quarantine period. If the animal becomes ill during the observation period, the local rabies control authority must be notified by the person having possession of the animal. At the end of the observation period, the release from quarantine must be accomplished in writing. (D) The animal was not in violation of any laws at the time of the bite. If the biting animal cannot be maintained in secure quarantine, it shall be humanely destroyed and the brain submitted to a Texas Department of Health certified laboratory for rabies diagnoses. SECTION 5. RUNNING AT LARGE 5.1 Restraining: Whenever the rabies control authority shall determine that it is in the interest of the safety of the public to do so, he shall issue a proclamation declaring an emergency prohibiting dogs to run at large for a period of ninety (90) days. Such proclamation shall be published in the newspaper of this county for one publication. During the period of ninety (90) days subsequent to any such publication, it shall be unlawful for any owner of any dog to allow said dog to run at large. If at the end of ninety (90) days, at the discretion of the local rabies authority, the situation still exists, said proclamation may be reinstituted by the local Page 5 of 11 rabies control authority for an additional ninety (90) days adinfinitum in the above described manner until it is determined by the local rabies control authority that such an emergency no longer exists. 5.2 Nuisance: It shall be unlawful for any owner to harbor any dog, car or other pet animal which by any long continued noise, cry or other activity shall disturb the peace, comfort, sensibilities and/or property of the inhabitants of the neighborhood. Such disturbance is hereby declared to be a public nuisance and a violation of this order. 5.3 Abandoning Animals: It is hereby prohibited and shall be unlawful for any person to willfully abandon any animal or to withhold food or water from any animal such that its health is endangered or it is caused to suffer unduly. 5.4 Guard Dogs: It shall be unlawful to place or maintain any dog which has been specifically trained to attack, in any area for the protection of persons or property, unless the dog is physically confined to a specific area or is under complete and absolute control. The area or premises in which a guard dog is confined must be conspicuously posted with warning signs bearing letters not less than two (2) inches high. SECTION 6. DANGEROUS DOGS 6.1 Any dangerous dog found running at large shall be impounded and destroyed, if not claimed but the owner, as set forth in Section 7. If the dangerous dog is claimed, the owner shall be subject to the rules in Section 6. . 6.2 Not later than the 15th day after a person learns the he or she is the owner of a dangerous dog, that person shall: (I) Register the dangerous dog with the Calhoun County Animal Control Authority and register the dangerous dog each year thereafter; (2) Restrain the dangerous dog at all times on a leash in the immediate control of a person or in a secure closure; and (3) Obtain liability insurance coverage or show financial responsibility to the Calhoun County Animal Control Authority in an amount of at least $100,000.00 to cover damages resulting from an attack by the dangerous dog causing bodily injury to a person. 6.3 For purposes of Section 6, a person learns that he or she is the owner of a dangerous dog when: (1) That person know of an attack described in Section 1.8 (A); or (2) That person is informed by the animal control authority that the dog is a dangerous dog. Page 6 of 11 6.4 If a person reports an incident described by Section 1.8, the animal control authority may investigate the incident. If, after receiving the sworn statements of any witnesses, the animal control authority determines the dog is a dangerous dog, it shall notify the owner of that fact. 6.5 An owner, not later that the 30th day after the date the owner is notified that a dog owned by the owner is a dangerous dog, may appeal the determination of the animal control authority to a justice or municipal court of competent jurisdiction. An owner may appeal the decision of the justice of municipal court in the same manner as appeal for other civil cases. 6.6 The Calhoun County Animal Control Authority shall provide a registration certificate to the owner of a dangerous dog if the owner: (I) Presents proof ofliability insurance or financial responsibility, as required above, and a current rabies vaccination of the dangerous dog; (2) Presents proof that the dangerous dog will be kept in a secure enclosure; and (3) Pays an annual registration fee of $50.00. 6.7 The Calhoun County Animal Control Authority shall provide to the owner registering a dangerous dog a registration tag. The owner must place the tag on the dog's collar. 6.8 Ifthe owner of a registered dangerous dog sells or moves the dog to a new address, the owner, not later than the 14th day after the date of sale or move, shall notify the Calhoun County Animal Control Authority of any attacks the dangerous dog makes on people. 6.9 A person who owns or keeps custody or control of a dangerous dog commits an offense if the person fails to comply with Section 6. An offense under this section is a Class C Misdemeanor. SECTION 7. IMPOUNDED ANIMALS 7.1 Impoundment: Animals owned or harbored in violation of this order or any other ordinance ofthe law of the State of Texas may be taken into custody by the local animal control authority or other designated official an impounded. Stray dog or cats shall be similarly impounded. 7.2 Animal Shelter: A suitable animal shelter shall be provided for the purpose of boarding and caring for any animal impounded under the provisions of this order. Such shelter shall be constructed in accordance with recommendations from the Texas Department of Health. In lieu of constructing a shelter, the county may contract with any licensed veterinarian or local government entity to provide this service at a fee mutually agreed upon and having a suitable facility within the county that has been approved by the Texas Department of Health. Page 7 of 11 7.3 Removal of Animals from Animal Shelter: It shall be unlawful for any person to remove any impounded animal from the animal shelter without consent of the local animal control authority or other impounding official or agency. 7.4 Removal of Biting Dogs and Cats from Confinement: The impoundment of dogs and cats that have inflicted human bites shall be for a period often (10) days for observation and shall not be terminated until consent from the proper officer of agency is secured. 7.5 Disposition ofImoounded Animals: As soon as practicable after impoundment, if the owner of the impounded animal is known, immediate notice shall be given to him. Any impounded animal may be redeemed upon payment of impoundment fee, care and feeding charges, veterinary charges, rabies vaccination charges and such other costs as set by the Commissioners' Court. If such animal is not redeemed within three (3) working days, it shall be deemed abandoned and may be placed for adoption subject to payment of the licensed fee, impoundment fee, care and feeding charges, veterinary charges and such other costs as set by the Commissioners' Court, or the impoundment officer may humanely euthanize said animal. 7.6 Disposition of Imoounded Animal Held on Comolaint: If a complaint has been filed in a Justice Court of Calhoun County, Texas against the owner of an impounded animal for violation of this order, the animal shall not be released except on the order of the court, which may also direct the owner to pay any penalties for violation of this order in addition to all impoundment fees. The court may, upon making a finding that such animal is dangerous or that is represents a clear and present danger or nuisance to the citizens or other animals in the community, order said animal to be euthanized in a humane manner. Surrender of an animal by the owner thereof the peace officer does not relieve or render the owner immune from the decision of the court, nor to the fees and fines which may result from a violation or violations of this order. 7.7 Disposition of Diseased Animals: Any animal taken into custody by the animal control officer, except those animals which have inflicted bites to humans during the preceding ten (10) days and that are visibly affected with any sign of communicable disease other that rabies, which are being held at the impounding facility, may instead of being impounded be humanely destroyed provided that: (A) Any animal which has inflicted any bite to a human or any bite to another domestic animal during the preceding ten (10) days have its head removed by the animal control officer and submitted to the laboratory for rabies examination. (B) Any animal exhibiting symptoms of rabies must be handled in a manner prescribed by the local rabies control authority. 7.8 Notice of Violation: In addition to, or in lieu of impoundment, the county sheriff or animal control officer may issue to the owner of an unvaccinated animal a notice of order violation, which shall contain a written promise by such owner to appear in court of appropriate jurisdiction within ten (10) days of the date of issuance, to answer the charge made in the notice (e.g., harboring of unvaccinated animals). Page 8 of 11 SECTION 8. SAFETY PROVISIONS. 8.1 Interference with Local Animal Control or Rabies Authorities: It shall be unlawful for any person to interfere with, molest, hinder or prevent the local animal control authority, the local rabies control authority or their authorized representative in the discharge of their duties as herein prescribed or to violate any of the provisions of this order. 8.2 Penalty for Violation: Any person who violates any of the provisions of this order shall be guilty of a Class C Misdemeanor. 8.3 Severance of Clause: If any section, subsection, sentence, clause or phrase of this order is for any reason held to be invalid, such decision shall not affect the validity of the remaining portions of this order. 8.4 Safety Clause: The Commissioners' Court of Calhoun County, Texas hereby finds, determines and declares that this order is necessary for the immediate preservation of the public, peace, health and safety. 8.5 Repealer: All other orders and parts of the orders in conflict herewith are hereby repealed. 8.6 Municipal Ordinances to Supersede: The promulgation and establishment of these regulations by the Calhoun County Commissioners' Court shall not prevent or jeopardize a corporate municipality within the county from establishing any rules and regulation to prevent the introduction and spread of rabies and the control of animals within their corporate limits, and such ordinances established by said corporate municipalities shall supersede the county order within the municipality so that dual enforcement will not occur. 8.7 Effective Date: This act shall take and be in effect on and after the 23rd day of October, 2008. SECTION 9. CREATION, SUPERVISION AND DUTIES OF ANIMAL CONTROL DIVISIONS. 9.1 Animal Control Division: The Commissioners' Court shall contract with a suitable enforcing agency to implement this order. Upon such contract being made, the enforcing agency shall submit to the Commissioners' Court for consideration and approval of the following: (A) Rules and procedures necessary for the enforcement ofthis order. (B) A schedule of fees for licenses and impoundment under Sections 4 and 7. (C) A schedule of minimum fines for violation of any provision of this order. Page 9 of 11 All such items which are approved by the Commissioners' Court shall be reviewed for reenactment or change at least once a year or at such other times as the Commissioners' Court might direct. 9.2 Records: It shall be the duty of the animal control division of the enforcing agency to maintain such records as deemed necessary to the enforcement of all provisions of this order and have those records available for display to the Commissioners' Court. SECTION 10. FUNDING - DISPOSITION OF MONIES COLLECTED. 10.1 Funding: Funds shall be set aside by the Commissioners' Court of Calhoun County, Texas for the purposes of salaries, equipment and supplies necessary to the implementation of this order. By January 1,2008 and each year hereafter, the enforcing agency shall submit a proposed budget for the purpose of maintain an animal control division to the Commissioner' Court for approval and lor revision. 10.2 Disposition of Monies Collected: All monies collected pursuant to the provisions of this order shall go into the general fund of the Treasury of Calhoun County, Texas and may be used by the Commissioners' Court to partially defray the expense of implementing this order. That a certified copy of this order shall be delivered to the County Treasurer and County Auditor of Calhoun County, Texas for their information and observance. The above and foregoing instrument passes by the unanimous vote of the Commissioners' Court of Calhoun County, Texas, this the 23rd day of October, 2008, and hereinafter has the effect of the law. ~Q~~ Michael Pfeifer, Coun~ Judge ERN LYSSY Commissioner, Precinct No.2 ~L NEI TSCH Commissioner, Precinct No.3 Le-'~ KENNETH FINSTER Commissioner, Precinct No.4 Page 10 of 11 v~ . --'".... ?' -~ " ~ , ~-- ...,;.... ;:;:' '~..... .__---....."". V..-/ -""" ,-..... -.., ./ ;:t, .,.,*" -.. A ~ -"", -. .., 1.': -:- t-=({S.E A L ) : -= " .--....... . ,~ -........... c ~:.. .:~. .,,:;..'........ .......~ ..;/ -- --...,.... ~ ~_.. \".... """.,/"--A' ...t.:"'~.~.''\..: \' .."l. '" "" - ,-~" ATTEST: 822.013. Dog or Coyotes That Attack Animals. (a) A dog or coyote that is attacking, is about to attack, or has recently attacked livestock, domestic animals, or fowls may be killed by: (1) Any person witnessing the attack, or (2) The attacked animal's owner or a person acting on behalf ofthe owner ifthe owner or person has knowledge of the attack. (b) A person who kills a dog or coyote as provided by this section is not liable for damages to the owner, keeper, or person in control of the dog of coyote. (c) A person who discovers on the person's property a dog or coyote known or suspected of having killed livestock, domestic animals, or fowls may detain or impound the dog or coyote and return it to its owner or deliver the dog or coyote to the local animal control authority. The owner of the dog or coyote is liable for all costs incurred in the capture and care of the dog or coyote and all damage done by the dog or coyote. (d) The owner, keeper, or person in control of a dog or coyote that is known to have attacked livestock, domestic animals, of fowls shall control the dog or coyote in a manner approved by the local animal control authority. (e) A person is not required to acquire a hunting license under Section 42.002, Parks and Wildlife Code, to kill a dog or coyote under this section. (Acts 2003 78th Leg., ch. 1002, effective September 1,2003 (renumbered from Sec. 822.033).) Page 11 of 11 FLOOD DAMAGE PREVENTION ORDER: A Motion was made by Commissioner Galvan and seconded by Commissioner Fritsch to approve the Flood Damage Prevention Order. Commissioners Galvan, Lyssy, Fritsch, Finster and Judge Pfeifer all voted in favor. b ~ ~: '('1' ,. I '0 {\ '--.. Flood Damage Prevention Order II CERTIFICATION It is hereby found and declared by Calhoun County Commissioners' Court that severe flooding . has occurreq in the past within its jurisdiction and will certainly occur within the future; that flooding is likely to result in infliction of serious personal injury or death, and is likely to result in substantial injury or destruction of property within its jurisdiction; in order to effectively comply with minimum standards for coverage under the National Flood Insurance Program; and in order to effectively remedy the situation deScribed herein, it is necessary that this Order become effective immediately. Therefore, an emergency is hereby declared to exist, and this Order, being necessary for the immediate preservation of the public peace, he~lth and safety, shall be in full force and effect from and after its passage and approval. N\Ld~ .0- 1J/A~. Michaell Pfeifd (I J- r Calhoun County Judge / /J ... . U~~__ VernLyssy . Calhoun County Commissioner, Pct. 2 ~w.~ tenneth W. Finster . Calhoun County Commissioner, Pct. 3 Calhoun County Commissioner, Pct. 4 I, the undersigned, Anita Fricke, do hereby certify that the above is a true and correct copy of an Order duly adopted by Calhoun County Commissioners Court at a regular meeting duly convened on I 0 . ().. a ~ OB (date) ~~ rtbJuW Calhoun County Clerk .-~-.::>..~~, -. """'-\ -- - ~(\. -.-.~ ':f'/',r_ ';, .:;::::- ~,,-\: -fi""'--"" -..~~' ;;;1' ~ v ",- ""'",,, .... :t ~.,~ ~~ Ii ,......../ j.: ' '........... ~~: . ,. ";,~ ; ~.: ,(SEAL) : '-' -I ::::..:. ~ "'" ," -- ~~ ~~ Z'i! · .... ~~~ /." (}!.J>' .M .. .~'. .r.,.~. .. ,,_ ..\. ~ "'; ..I'r~~.. _ V .- "W'v y. ~~"")'~ .~ ,.-0':;': Calhoun County Floodplain Administration . ~c'/ M4tv.. . C:>~ . Q", $' ~ ~ ~ lU .... Certification Letter for Enclosure Below base flood elevation V-Zone Date: To: Calhoun Co. Floodplain Administration 211 S. Ann St. Suite 301 Port Lavaca, Texas 77979 Type of Structure: Proposed Location of Structure: Owner or Contractor: I hereby certify that I am a registered professional engineer or architect (circle one) and that I have designed and/or reviewed the structural design, specifications, and plans for the walls of the enclosed area below the lowest floor of the above referenced structure and further certify that the enclosure meets the following: a) Such enclosed space shall be or enclosed with breakaway walls as defined in (b) below. The enclosed area shall be open wood lattice (at least.50% of the lattice must be open) or insect screening intended to collapse under wind and water loads without - causing collapse, displacement, or other structural damage to the elevated portion of the building or supporting foundation system. b) Said breakaway walls shall have a design safe loading resistance of not less than 10 and no more than 20 pounds/ square foot and shall collapse from a water load less than that which would occur during the base flood. (Printed Name) (Registration Number) (Signature) (Stamp) Calhoun County Floodplain Administration y.C"'I M",,,... ~<,; " Q.., . ~ ~ ~ ~ w ... Certificaeiroilil Letter .._.'c....... V-Zone To: Calhoun Co. Floodplain Administration 211 S. Ann St. Suite 301 Port Lavaca, Texas 77979 Date: Type of Structure: Proposed Location of Structure: Owner or Contractor: I hereby certify that I am a registered professional engineer or architect (circle one) and that I have developed and/or reviewed the structural design, specifications, and plans for the above referenced structure and further certify that the design and proposed methods of construction are in accordance with accepted standards of practice for meeting the provisions of the following: a) The above referenced structure shall be elevated so that the bottom of the lowest horizontal structural member of the lowest floor is located no lower than feet above mean sea level, with all space below said lowest horizontal structural . member open so as not to impede the flow of water, except for breakaway walls as provided for in the Calhoun County Flood Damage Prevention Order. (see v-zone certification for enclosure below BFE) b) Pilings or columns used as structural support and the structure attached thereto shall be designed and anchored so as to resist flotation, collapse, and lateral movement due to the effects of wind and water loads acting simultaneously on all building components. Wind and water loading values shall each have a one percent chance of being equaled or exceeded in any given year (100 year mean recurrence interval). (Printed Name) (Signature) (Registration Number) (Stamp) n n (' SECTION C Residential Construction Nonresidential Con'$truction Enclosures ii . Manufactured Homes Recreational Vehicles Standards for Subd)vision Proposals , il Standards for Areas of Shallow Flooding (AO/AH liZones) Floodways ' Coastal High Haza~d Areas II (VZones) , 24 25 21 22 22 22 23 23 SECTION D 24 SECTION E SECTION F 60.3(d) (1) 60.3(d) (1) 60.3(d) (1) 60.3(d) (1) 60.3(d) (1) 60.3(d) (1) 60.3(d) (1) 60.3(d) (1-3) 60.3(e) (1-8) (' (\ (' FLOOD DAMAGE PREVENTION ORDER ARTICLE I STATUTORY AUTHORIZATION, FINDINGS OF FACT, PURPOSE AND METHODS OF REDUCING LOSSES FROM FLOODS SECTION A. STATUTORY AUTHORIZATION The Legislature of the State of Texas has in T,exas Water Code SS 16.311-322 delegated the responsibility of local governmental units to 3'doptregulations designed to minimize flood losses. Therefore, the Commissioners' Court of Calhoun County, Texas, does ordain as follows: SECTION B. FINDINGS OF FACT (1) The flood hazard areas of Calhoun County are subject to periodic inundation which results in loss oflife and property, health and safety hazards, disruption of commerce and governmental services, and extraordinary public expenditures for flood protection and relief,.all of which adversely affect the public health, safety and general welfare. (2) These flood loses are created by the cumulative effect of obstructions in flood plains which cause an increase in flood heights and velocities, and by the occupancy of flood hazards areas by uses vulnerable to floods and hazardous to other lands because they are inadequately elevated, flood proofed or otherwise protected from flood damage. SECTION C. STATEMENT OF PURPOSE It is the purpose of this Order to promote the public health, safety and general welfare and to minimize public and private losses due to flood conditions in specific areas by provisions designed to: (1 ) Protect human life and health; (2) Minimize expenaiture of public money for costly flood control projects; (3) Minimize the need for rescue and relief efforts associated with flooding and generally undertaken at the expense of the general public; (4) Minimize prolonged business interruptions; (5) Minimize damage to public facilities and utilities such as water and gas mains, electric, telephone and sewer lines, streets and bridges located in floodplains; ('\ (\ (\ (6) Help maintain a stable tax base by-providing for the sound use and development of flood-prone areas in such a manner as to minimize future flood blight areas; and (7) Insure that potential buyers are notified that property is in a flood area. SECTION D. METHODS OF REDUCING FLOOD LOSSES In order to accomplish its purposes, this Order uses the following methods: (1) Restrict or prohibit uses that are dangerous to health, safety or property in times of flood, or cause excessive increases in flood heights or velocities; (2) Require that uses vulnerable to floods, including facilities which serve such uses, be protected against flood damage at the time of initial construction; (3) Control the alteration of natural flood plains, stream channels, and natural protective barriers, which are involved in the accommodation of floodwaters; (4) Control filling, grading, dredging and other development which may increase flood damage; and (5) Prevent or regulate the construction of flood barriers which will unnaturally divert floodwaters or which may increase flood hazards to other lands. 2 ARifICLE II (' DEFINITIONS Urness specifically defined below, words or phrases used inthi~ Order shall be interpreted to give them the meaning they have in common usage and to give this Order its most reasonable application. APPEAL - means a request for a review of the Floodplain Administrator's interpretation of any provision of this Order or a request for a variance. APPURTENANT STRUCTURE- means a structure which is on the same parcel of property as the principal structure to be insured and the use of which is incidental to the use of the principal structure. AREA OF FUTURE CONDITIONS FLOOD HAZARD- means the land area that would be inundated by the I-percent annual chance (100 year) flood based on future conditions hydrology. AREA OF SHALLOW FLOODING - means a designated AO,AH, or VO zone on a community's Flood Insurance Rate Map (FIRM) with a one percent chance or greater annual chance of flooding to an average depth of one to three feet where a clearly defined channel does not exist, where the path of flooding is unpredictable and where velocity flow may be evident (' Such flooding is characterized by ponding or sheet flow. AREA OF SPECIAL FLOOD HAZARD - is the land in the floodplain within a community subject to a one- percent or greater chance of flooding in any given year. The area may be designated as Zone A on the Flood Hazard Boundary Map (FHBM). After detailed rate making ., has been completed in preparation for publica#on of the FIRM, Zone A usually is refined into Zones A, AH, AO, Al-30, AE, A99, ARlAI-30, ARJAE, ARJAO, ARJAH, ARIA, Zone Vas YO, VI-30, VE or V. BASE FLOOD - means the flood having a one percent chance of being equaled or exceeded in any gIven year. BASE FLOOD ELEVATION (BFE) - the elevation shown on the Flood Insurance Rate Map, (FIRM) for zones AE, AH, A-I-30, AR, ARIA; ARJAI-30, ARlAH, ARlAO, VI-30, and VE that indicates the water surface elevation resulting from a flood that has a one percent chance of equaling or exceeding that level in any given year. BASEMENT - means any area of the building ,having its floor sub grade (below ground level) on all sides. " , BREAKA WAY WALL - means a wall that is not part of the structural support of the building and is intended through its design and construction to collapse under specific lateral loading (\ 3 forces, without causing damage to the elevated portion of the building or supporting foundation (\ system. CASH VALUE, MARKET VALUE, OR FAIR MARKET V ALUE- shall mean the amount of money within a reasonable period of time, that a person desiring to sell, but not bound to do so, could procure for the property from a person desiring and able to buy, but not bound to do so. COASTAL HIGH HAZARD AREA - means an area of special flood hazard extending from offshore to the inland limit of a primary frontal dune along an open coast and any other area subject to high velocity wave action from storms or seismic sources, including, but not limited to hurricane wave wash or tsunamis. The area is designated on the FIRM as Zone VI-30,VE, or V. COMMISSIONERS' COURT - means the Commissioners' Court of Calhoun County, Texas. COUNTY - means the unincorporated areas of Calhoun County, Texas. CRITICAL FEATURE- means an integral and readily identifiable part of a flood protection system, without which the flood protection provided by the entire system would be compromised. DEVELOPMENT - means any man:..made change in improved and unimproved real estate, including but not limited to buildings or other structures, mining, dredging, filling, grading, paving, excavation or drilling operations or storage of equipment or materials. (' DWELLING OR DWELLING PROPERTY - means a structure designed for the occupancy of one to four families, including said structure while being constructed, altered, or repaired. ELEVATED BUILDING - means a nonbasemeIit building (i) built, in the case of a building in Zones AI-30, AE, A, A99, AO, AH, B,C, X, and D, to have the top ofthe elevated floor, orin the case ofa building in Zones Vl-30, VE, or V, to have the bottom of the lowest horizontal . structure member of the elevated floor elevated above the ground level by means of pilings, columns (postsand piers), or shear walls parallel to the floor of the water and (ii) adequately anchored so as not to impair the structural integrity of the building during a flood of up to the magnitude of the base flood. In the case of Zones Al-30, AE, A, A99, AO, AH, B, C, X, and D, "elevated building" also includes a building elevated by means of fill or solid foundation perimeter walls with openings sufficient to facilitate the unimpeded movement of flood waters. In the case of Zones VI-30, VE, or V, "elevated building" also includes a building otherwise meeting the definition of "elevated building," even though the lower area is enclosed by means of breakaway walls if the breakaway walls met the standards of Section 60.3(e)(5) of the National Flood Insurance Program (NFIP) regulations. ENCLOSURE- that portion of an elevated building below the lowest elevated floor that is either partially or fully shut in by rigid walls. (' 4 (' EXISTING CONSTRUCTION - means for the purposes of determining rates, structures for which the "start of construction" commenced before the effective date of the FIRM or before . . January I, 1975, for FIRMs effective before that date. "Existing construction" may also be referred to as "existing structures." EXISTING MANUFACTURED HOME PARK OR SUBDIVISION - means a manufactured home park or subdivision for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including, at a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads) is completed before the effective date of the fl09dplain management regulations adopted by Calhoun County. Utilities must include electricity, water, and sewer. EXISTING RECREATIONAL VEHICLE PARK- means a recreational vehicle park for which the construction of facilities for servicing the lots on which the recreational vehicles are to be parked (including, at a minimum, the instaJlation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads) is completed before the effective date of the floodplain management regulations adopted by Calhoun County. Utilities must include electricity, water, and sewer. EXPANSION TO AN EXISTING MANUFACTURED HOME PARK OR SUBDIVISION means the preparation of additional sites by the construction of facilities for servicing the lots 'on which the manufactured homes are to be affixed (including the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads). (\ FLOOD OR FLOODING - means a general and temporary condition of partial or complete inundation of normally dry land areas from:! (1) the overflow of inland or tidal waters; or (2) the unusual and rapid accumulation or runoff of surface waters from any source. FLOOD INSURANCE RATE MAP (FIRM) - means an official map ofa community, on which FEMA has delineated both the areas of special flood hazards and the risk premium zones applicable to the community. FLOOD INSURANCE STUDY - is the official report provided by the Federal Emergency Management Agency. The report contains flood profiles, water surface elevation of the base flood, as well as the Flood Boundary-Floodway Map. FLOODPLAIN ADMINISTRATOR - means the individual, appointed by the Commissioners' Court of Calhoun County, Texas, empowered and charged with the responsibility of implementing and carrying out the terms of this Order. When appropriate, the term, as used herein, shall also apply to any assistants to thel!Floodplain Administrator, who may be designated as assistants by the Commissioners' Court of Calhoun County, Texas. (' FLOODPLAIN OR FLOOD-PRONE AREA - means any land area susceptible to being inundated by water from any source (see definition of flooding). 5 ~ .,- i! (\ FLOODPLAIN MANAGEMENT - means the operation of an overall program of corrective and preventive measures for reducing flood ~~age, including but not limited to emergency preparedness plans, flood control works and ,oodplain management regulations. FLOODPLAIN MANAGEMENT REGUIJiATIONS - means zoning orders, subdivision regulations, building codes, health regulation~, special purpose orders (such as a floodplain order, grading order and erosion control orde~) and other applications of police power. The term describes such state or local regulations, in an;y combination thereof, which provide standards for the purpose of flood damage prevention andr~duction. . FLOOD PROTECTION SYSTEM - means:ithose physical structural works for which funds have been authorized, appropriated, and expended and which have been constructed specifically to modify flooding in order to reduce the exteht of the areas within a community subj ect to a "special flood hazard" and the extent of the d~pths of associated flooding. Such asystem typically includes hurricane tidal barriers, d~s, reservoirs, levees or dikes. These specialized flood modifying works are those constructed in conformance with sound engineering standards. "I FLOOD PROOFING - means any combination of structural and non-structural additions, changes, or adjustments to structures which rdduce or eliminate flood damage to real estate or improved real property, water and sanitary fa6,ilities, structures and their contents. FLOOD VENTS- designed to automatically ~qualize hydrostatic flood forces on exterior walls n by allowing for the entry and exit of flood wa~lers. FLOODW A Y (REGULATORY FLOODW'A Y) - means the channel of a river or other watercourse and the adjacent land areas that rJust be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than a designated height. FREEBOARD- an additional amount ofheigbt above the Base Flood Elevation used as a factor of safety in determining the level at which a structure's lowest floor must be elevated or floodproofed to be in accordance with State or; community floodplain management regulations. FUNCTIONALLY DEPENDENT USE - means a use which cannot perform its intended purpose unless it is located or carried out in clilise proximity to water. The term includes only docking facilities, port facilities that are necesJary for the loading and unloading of cargo or ,I passengers, and ship building and ship repair facilities, but does not include long-term storage or related manufacturing facilities. :\ HABITABLE FLOOR - means any floor usaple for the following purposes which include working, sleeping, eating, cooking, recreation,lior a combination thereof A floor used only for storage is not a "habitable floor". (See Living $pace) HIGHEST ADJACENT GRADE - means the highest natural elevation of the ground surface prior to construction next to the proposed wall~ of a struc.fure. n 6 (' HISTORIC STRUCTURE - means any structure that is: (a) Listed individually in the National Register of Historic Places (a listing maintained by the Department ofInterior) or preliminarily determined by the-Secretary of the Interior as meeting the requiremen,ts for individual listing on the National Register; 'i (b) Certified or preliminarily determined by the Secretary of the Interior as contributing l . . ' to the historical significance of a registered historic district or a district preliminarily determined by the Secretary to qualify as a registered historic district; (c) Individually listed on a state inventory of historic places in states with historic preservationprograms which have been approved by the Secretary ofInterior; or (d) Individually listed on a local inventory or historic places in communities with historic preservation programs that have been certified either: (1) By an approved state program as determined by the Secretary of the Interior or; (2) Directly by the Secretary ofthe Interior in states without approved programs. (\ INCREASED COST OF COMPLIANCE (ICC) - Coverage for expenses that a property owner must incur, above and beyond the cost to repair the physical damage the structure actually sustained from a flooding event, to comply with mitigation requirements of State or local floodplain management ordinances or laws. Acceptable mitigation measures are elevation, floodproofing, relocation, demolition, or any combination thereof. LEVEE - means a man-made structure, usually an earthen embankment, designed and constructed in accordance with sound engineering practices to contain, control, or divert the flow of water so as to provide protection from temporary flooding. LEVEE SYSTEM - means a flood protection': system which consists of a levee, or levees, and associated structures, such as closure and draiNage devices, which are constructed and operated in accordance with sound engineering practices. LOWEST FLOOR - means the lowest floor of the lowest enclosed area (including basement). An unfinished or flood resistant enclosure, usable solely for parking or vehicles, building access or storage in an area other than a basement area is not considered a building's lowest floor; provided that such enclosure is not built so as to render the structure in violationofthe applicable non-elevation design requirement of Section 60.3 of the NPIP regulations. MANUFACTURED HOME/MOBILE HOME - means a structure transportable in one or more sections, which is built on a permanent chassis and is designed for use with or without a (' 7 (\ permanent foundation when connected to the required utilities. The term "manufactured home" does not include a "recreational vehicle". For purposes of floodplain management, the term "manufactured home" also means park trailers, travel trailers, and other similar vehicles placed on a site for greater than 180 consecutive days. For insurance purposes, the term "manufactured home" does not include park trailers, travel trailers, and other similar vehicles. MANUFACTURED HOME/MOBILE HOME PARK OR SUBDIVISION - means a parcel (or contiguous parcels) of land divided into ~o or more manufactured home lots for rent or sale, for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including, at a minimum, the installatIon of utilities, the construction of streets, and either final site grading or the pouring of concrete pads) is begun after effective date of the floodplain management regulations adopted by Calhoun County. Utilities must include electricity, water, and sewer. MEAN SEA LEVEL - means, for purposes of the National Flood Insurance Program, the NationalGeodetic Vertical Datum (NGVD) of 1929 or other datum, to which base flood elevations shown on a community's Flood Insurance Rate Map are referenced. (' MINOR REPAIR - means any repair, reconstruction or'improvement of a structure, the cost of which is less than One Thousand Dollars ($1,000.00), or less than ten percent (10%) of the actual cash value of the structure either (a) before the improvement is started, or (b) if the structure has been damaged and is being restored, the value before the damage occurred. The lesser of these amounts shall be applied to determine if a repair is a minor repair as contemplated in this Order. Minor repair is stared when the first alteration of any wall, ceiling, floor, or other structural part of the building commences. . NEW CONSTRUCTION - means, for the putpose of determining insurance rates, structures for which the "start of construction" commenced on or after the effective date of an initial FIRM or after December 31, 1974, whichever is later, and includes any subsequent improvements to such structures. For floodplain management purposes, "new construction" means structures for which the "start of construction" commenced on or after the effective date of a floodplain management regulation adopted by Calhoun County and includes any subsequent improvements to such structures. NEW MANUFACTURED HOME/MOBILE HOME PARK OR SUBDIVISION - means a manufactured home park or subdivision for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including at a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads) is completed on or after the effective date of floodplain management regulations adopted by Calhoun County. Utilities must include electricity, water, and sewer. (\ 8 (' NATIONAL FLOOD INSURANCE PROGRAM (NFIP) - The program of flood insurance coverage and floodplain management administered under the Act and applicable Federal regulations promulgated in Title 44 of the Code of Federal Regulations, Subchapter B. PRIMARY FRONTAL DUNE - means a continuous or nearly continuous mound or ridge of sand with relatively steep seaward and landwhd slopes immediately landward and adjacent to the beach and subject to erosion and overtopping from high tides and waves during major coastal storms. The inland limit of the primary front~l dune occurs at the point where there is a distinct change from a relatively steep slope to that ofa relatively mild slope. PROPER OPENINGS - ENCLOSURES (Applicable to Zones A, AI-A30, AE, AO, AH, AR, and AR Dual) All enclosures below the lowest elevated floor must be designed to automatically equalize hydrostatic flood forces on exterior walls by allowing for the entry and exit of floodwaters. A minimum Of two openings, with positioning on at least two walls, having a total net area of not less than 1 square foot of enclosed area subject to flooding must be provided. The bottom of all openings must be no higher than 1 foot above grade. (\ ~CREA TIONAL VEIDCLE PARK - means a recreational vehicle park for which the construction of facilities for servicing the lots on which the recreational vehicles are to be parked (including, at a minimum, the installation of utilities, the construction of streets, and either filial site grading or the pouring of concrete pads) is begun after the effective date of the floodplain management regulations adopted by Calhoun County. Utilities must include electricity, water, and sewer. REPETIVE LOSS STRUCTURE - An NFIP- insured structure that has had at least two paid flood losses of more than $1,000 each in any lO-year period since 1978. RIVERINE - means relating to, formed by, or resembling a river (including tributaries), stream, brook, etc. SAND DUNES - mean naturally occurring accumulations of sand in ridges or mounds landward of the beach. START OF CONSTRUCTION - (for other than new construction or substantial improvements under the Coastal Barrier Resources Act. (Pub. L. 97-348)), includes substantial improvement and means the date the building permit was issued, provided the actual start of construction, . repair, reconstruction, rehabilitation, addition, placement, or other improvement was within 180 days of the permit date. The actual start means either the first placement of permanent construction of a structure on a site, such as the pouring of slab or footings, the installation of (\ .9 (' (' (\ piles, the construction of columns, or any work beyond the stage of excavation; or the placement of a manufactured home on a foundation. Permanent construction does not include land preparation, such as clearing, grading and filling; nor does it include the installation of streets and/or walkways; nor does it include excavation for basement, footings, piers or foundations or the erection of temporary forms; nor does it include the installation on the property of accessory buildings, such as garages or sheds not occupied as dwelling units or not part of the main structure. For a substantial improvement, the,iactual start of construction means the fIrst alteration of any wall, ceiling, floor, or other structural part of a building, whether or not that alteration affects the external dimensions of the building. STRUCTURE - means a walled and roofed building, including a gas or liquid storage tank, that is principally above ground, as well as a manufactured home. SUBSTANTIAL DAMAGE - means damage of any origin sustained by a structure whereby the cost of restoring the structure to its before damaged condition would equal or exceed 50 percent of the market value of the structure before the;idamage occurred. SUBSTANTIAL IMPROVEMENT - means any repair, reconstruction, rehabilitation, addition, , or other improvement of a structure, the cost of which equals or exceeds 50 percent of the market value ofthe structure either, (1) before the improvement or repair is started, or (2) if the structure has been damaged, and is being restored, before the damage occUrred. Substantial improvement is considered to occur when the first alteration of any wall, ceiling, floor, or structural part of the building commences, whether or not that alteration affects the external dimensions of the structure. This includes structures which have incurred "substantial damage", regardless of the actual repair work performed. The term does b.ot, however, include either: (l)Any project for improvement of a structure to correct existing violations of state or local health, sanitary, or safety code specifications which have been identified by the lpcal code enforcement official and which are the minimum necessary conditionS or (2) Any alteration of a "historic structure", provided that the alteration will not preclude the structure's continued designation as a "historic structure. " UTILITIES - Whether inside an attached garage or outside the building, all utilities, appliances ,I and equipment must be elevated above the BFE or protected against flood damage. Utilities , ' include plumbing, electrical, gas lines, fuel tanks, heating and air condition equipment. VARIANCE - is a grant of relief to a person from the requirement ofthis Order when specific enforcement would result in Unnecessary hardship. A variance, therefore, permits construction or development in a manner otherwise prohibited by this Order. (For full requirements see Section 60.6 of the National Flood Insurance Program regulations.) VIOLATION - means the failure of a structur~ or other development to be fully compliant with the County's floodplain management regulatioi1s. A structure or other development without the elevation certificate, other certifications, or other evidence of compliance required in Section 60.3(b)(5), (c)(4), (c)(lO), (d)(3), (e)(2), (e)(4), or (e)(5) is presumed to be in violation until such time as that documentation is provided. 10 (' (' (\ WATER SURFACE ELEVATION - mean$ the height, in relation to the National Geodetic Vertical Datum (NGVD) of 1929 (or other datum, where specified), of floods of various magnitudes and frequencies in the floodplain's of coastal or riverine areas. 11 / (\ (\ (\ ARTICLE III GENERAL PROVISIONS SECTION A. LANDS TO WHICH THIS ORDER APPLIES The Order shall apply to all areas of special flood hazard within the jurisdiction of Calhoun County. Texas. ' SECTION B. BASIS FOR ESTABLISHING THE AREAS OF SPECIAL FLOOD HAZARD The areas of special flood hazard identified by the Federal Emergency Management Agency in a scientific and engineering report entitled, "The Flood Insurance Study for Calhoun County," dated January 6, 1984, with accompanying Flood Insurance Rate Maps and Flood Boundary- Floodway Maps (FIRM and FBFM) and any revisions thereto are hereby adopted by reference . and declared to be a part of this Order. SECTION C. ESTABLISHMENT OF DEVELOPMENT PERMIT A Development Permit shall be required to ensure conformance with the provisions of this Order. SECTION D. COMPLIANCE No structure or land shall hereafter be located, altered, or have its use changed without full compliance with the terms of this Order and other applicable regulations. SECTION E. ABROGATION AND GREATER RESTRICTIONS This Order is not intended to. repeal, abrogate, or impair any existing easements, covenants, or deed restrictions. However, where this Order and another Order, easement, covenant, or deed stringent restrictions conflict or overlap, whichever imposes the more restrictive shall prevail. SECTION F. INTERPRETATION In the interpretation and application of this Order, all provisions shall be: (1) (2) (3) considered as minimum requirements; liberally construed in favor of the gbverning body; and deemed neither to limit nor repeal any other powers granted under State statutes. 12 (\ n (\ SECTION G. WARNING AND DISCLAIMER OR LIABILITY The degree of flood protection required by this Order is considered reasonable for regulatory purposes and is based on scientific and engineering considerations. On rare occasions greater floods can and will occur and flood heights may be increased by man-made or natural causes. This Order does not imply that land outside the areas of special flood hazards or uses permitted within such areas will be free from flooding or flood damages. This Order shall not create . liability on the part of the county or any official or employee thereof for any flood damages that' result from reliance on this Order or any administrative decision lawfully made thereunder. Insurance mayor may not be available, or if available, mayor may not be affordable. 13 (' n (\ ARTICLE IV ADMINISTRATION II SECTION A. DESIGNATION OF THE FLOODPLAIN ADMINISTRATOR The Floodplain Administrator is hereby appointed to administer and implement the provisions of this Order and other appropriate sections of 44 CFR (National Flood Insurance Program Regulations) pertaining to floodplain management. (1) The Floodplain Administrator may also serve in other capacities for Calhoun County. (2) The Calhoun County Commissioners' Court may from time to time appoint and designate such assistants or alternates as it deems necessary for the enforcement of the Order. SECTION B. DUTIES & RESPONSffiILITIES OF THE FLOODPLAIN ADMINISTRATOR Duties and responsibilities of the Floodplain Administrator shall include, but not be limited to, the following: (1) Maintain and hold open for public inspection all records pertaining to the provisions of this Order. (2) Review permit application to determine whether proposed building site, including the placement of manufactured homes, will be reasonably safe from flooding. (4) Review permits for proposed development to assure that all necessary permits have been obtained from those Federal, State or local governmental agencies (including Section 404 of, the Federal Water Pollution Control Act Amendments of 1972,33 U.S.C. 1334) from which prior approval is required. (5) Where interpretation is needed as to the exact location of the boundaries of the areas of special flood hazards (for example, where there appears to be a conflict between a mapped boundary and actual field conditions) the Floodplain Administrator shall make the necessary interpretation. (6) Notify, in riverine situations, adjacent communities and the State Coordinating Agency which is the Texas Commission on Environmental Quality, prior to any alteration or relocation of a watercourse, and submit evidence of such notification to the Federal Emergency Management Agency. Under ~he provisions of 44 CFR Chapter I, Section 65.12, of the National Flood Insurance Program regulations, a county may approve certain development in Zone A1-30, AE, AH, on the county's FIRM, which increases the water 14 (' surface elevation of the base.flood by more than one foot, provided that the community fIrst applies for a conditional FIRM revision through FEMA (Conditional Letter of Map Revision). (7) Assure that the flood carrying capacity within the altered or relocated portion of any watercourse is maintained. (8) When base flood elevation data has not been provided in accordance with Article 3, Section B, the Floodplain Administrator shall obtain, review and reasonably utilize any base flood elevatio.n data and floodway data available from a Federal, State or other source, in order to. administer the provisions of Article 5. (9) When a regulatory floodway has not been designated, the Floodplain Administrator must require that no .new construction, substantial improvements, or other development (including fIll) shall be permitted within Zones AI-30 and AE on the county's FIRM, unless it is demonstrated that the cumulative effect of the propo.sed development, when combined with all other existing and anticipated development, will not increase the water surface elevation ofthe base flood more than one foot at any point within the county. SECTION C. PERMIT PROCEDURES (\ (I) Application for a Development Permit shall be presented to the Floodplain Administrator on forms furnished by them and may include, but not be limited to, plans in duplicate drawn to. scale showing the location, dimensions, and elevation of proposed landscape alterations, existing and proposed structures, including the placement of manufactured homes, and the location of the foregoing in relation to areas of special flood hazard. Additionally, the following information is required: Elevation (in relation to mean sea level), bfthe lowest floor (including basement) of all new and substantially improved structures; Elevation in relation to mean sea level to which any nonresidential structure shall be floodproofed; A certifIcate from a registered professional engineer or architect that the nonresidential floodproofed struct~re shall meet the floodproofing criteria of Article 5, Section B (2); Description of the extent to which any watercourse or natural drainage will be altered or relocated as a result of proposed development. Maintain a record of all such information in accordance with Article 4, Section (B)(l ). (2) Approval or denial of a Development Permit by the Floodplain Administrator shall be based on all of the provisions of this Order and ~he following relevant factors: (\ 15 (\ The danger to life and property du~ to flooding or erosion damage; The susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on the individual owner; The danger that materials may be swept onto other lands to the injury of others; The compatibility of the proposed use with existing and anticipated development; The safety of access to the property in times of flood for ordinary and emergency vehicles; The costs of providing governmental services during and after flood conditions including maintenance and repair of streets and bridges, and public utilities and facilities such as sewer, gas, electrical and water systems; The expected heights, velocity, duration, rate of rise and sediment transport of the floodwaters and the effects of wave action, if applicable, expected at the site; The necessity to the facility of a waterfront location, where applicable; The availability of alternative locations, not subject to flooding or erosion damage, (\ for the proposed use; (3) The Floodplain Administrator shall enforce the provisions of this regulation and a likewise . authorized representative may enter any building, structure, or premises to perform any duty imposed on them by this regulation. (4) Upon notice from the Floodplain Administrator that work on any building, structure, dike, bridge, or any improvement which would affect water drainage is being done contrary to the provisions of this regulation or in a dangerous or unsafe manner such work shall stop immediately; such notice shallbe in writing and shall be given to the owner of the property or to their agent, or to the. person doing the. work, and shall state the conditions under which such work may be resumed. However, wI?ere an emergency exists, oral notice is sufficient. (5) The Floodplain Administrator may revoke a permit of approval issued under the provisions of this regulation in the event of any false statement or misrepresentation of a material fact in the application or plans upon which the approval or permit was based; (6) Permits (A) When any owner, authorized agent, or contractor desires to construct, enlarge, alter, repair, or move any building, structure, or appurtenance thereto, (to include, without limitation by enumeration, the placement or affixing of any prefabricated structure or (I 16 (' (B) manufactured home to its permanent site) they shall first make application to the Floodplain Administrator for a pefuut and obtain the required permit therefore before commencing any such constructioh, repairs, or placement. Such permit shall authorize the recipient thereof to~pnstruct, repair, or place the building or structure in accordance with the information c~ntained in the application for permit, but in no event shall such permit constitute ~uthorization for construction or repair in any way affecting the structure other than ~~ disclosed in said application. Minor repairs may be made to exi~ting structures with the approval of the Floodplain Administrator without a permit, pibviding that such repairs shall notviolate any of the provisions of this Order. :: (C) Water, sewer, electricity, gas, or other utility service shall not be provided to any structure in the unincorporated areas of Calhoun County unless a permit has been 'I obtained for the structure pursuantito this Floodplain Management Order, and the structure is in compliance with the1lpermit issued, or is exempt under the same regulations from obtaining a perm:iJ~. The Floodplain Administrator shall contact all providers of utility services prior t6 the effective date of this Order and notify them of these requirements. !i SECTION D. VARIANCE PROCEDURES " (1) The Appeal Board as established by the cCommissioners' Court shall hear and render n judgement on requests for variances front the requirements of this Order. n (2) The ~ppeal Boa~dshall he~and render)rdgement on a.n a~peal only when it is alleg;ed there IS an error m any reqUIrement, declSlon, or determmatIOn made by the Floodplam 'I Administrator in the enforcement or administration of this Order. Any person or persons I aggrieved by the decision ofthe Appeal Board may appeal such decision in the courts of competent jurisdiction. ' (3) The Floodplain Administrator shall maintain a record of all actions involving an appeal and shall report variances to the Federal Eme~gency ManagementAgency upon request. :\ (4) Variances may be issued for new constrmhion and substantial improvements to be erected on a lot of one-half acre or less in size co~tiguous to and surrounded by lots with existing structures constructed below the base flodd level, providing the relevant factors in Section ,I C(2) of this Article have been fully considered. As the lot size increases beyond the one- half acre, the technical justification requi~~d for issuing the variance increases. . (5) Upon consideration of the factors noted al)ove and the intent of this Order, the Appeal Board may attach such conditions to the granting of variances as it deems necessary to further the purpose and objectives of this prder(Article 1, Section C). (6) Variances shall not be issued within any d,esignated floodway if any increase in flood levels " 17 it (' during the base flood discharge would result. (7) Variances may be issued for the repair restoration, or rehabilitation of historic structures upon a determination that the proposed repair or rehabilitation will not preclude the structure's continued designation as a historic structure andthe variance is the minimum 'I ' necessary to preserve the historic character and design of the structure. (8) Prerequisites for granting variances: Variances shall only be issued upon a determination that the variance is the minimum necessary, considering the flood hazard, to afford relief. Variances shall only be issued upon: a) showing a good and sufficient cause; b) a determination that failure to grant the variance would result in exceptional hardship to:the applicant, and c) A determination that the granting of a variance will not result in increased flood heights, additional threats to public safety, extraordinary public expense, create nuisances, cause fraud on or victimization of the public, or conflict with existing local laws or orders. (' (9) Any application to whom a variance is granted shall be given written notice that the structure will be permitted to be built with the lowest floor elevation below the base flood elevation, and that the cost of flood insurance will be commensurate with the increased risk resulting from the reduced lowest floor elevation. (10) Variances may be issued by a county for new construction and substantial improvements and for other development necessary for the conduct of a functionally dependent use provided that: the criteria outlined in Article 4, Section D(1 )-(9) are met, and the structure or other development is protected by methods that minimize flood damages during the base flood and create no additional threats to public safety . Section E. PENALTIES FOR NON COMPLIANCE (1) (\ 18 n (\ (' (2) (3) (B) (C) (D) Ifit appears that a person has violated, i~ violating, or is threatening to violate this Order, a political. subdivision may institute. a civil suit in appropriate court for: (A) Injunctive relief to restrain the pe~son from continuing the violation or threat of violation, including an order directing the person to remove illegal improvements and restore preexisting conditions; 'i (B) The assessment and recovery of t~e civil penalty provided above, or i (C) ., Both the injunctive relief and the qivil penalty. On application for injunctive relief and J finding that a person has violated, is violating or is .1 threatening to violate this Order, the coup: shall grant the injunctive relief that the facts warrant. Fees (A) No permit shall be issued until the'ifees pres~ribed in this section shall have been paid, nor shall an amendment to a pe~t be approved until the additional fee, if any shall have been paid. . In the event any person commence's any work on a building or structure before obtaining the necessary permit frofu. the Floodplain Administrator, such person shall pay two times the amount the buil4ing permit fee would have been. All fees provided hereunder shall Qe paid to the County Floodplain Administrator and upon receipt issued therefore, the ~loodplain Administrator shall, if otherwise satisfied that the applicant is in corpplete conformity.herewith issue the building permit. The County Floodplain Administrator shall be responsible for keeping accurate records of all receipts of fees hereunder. I F or the issuance of a building penrtit on all buildings, structures or alterations requiring a building permit, the fees shall be paid at the time of the filing of the application, in accordance with thelschedule of fees as set forth below. 19 (\ (1) The following schedule of fees for the issuance of development permits are: (a) For minor repairs no fee shall be required. (b) For all repairs, improvements, alterations, and construction, the value of W. whi. "..Ch exceeds thedefI.,ill'tion of minor repairs, the fee shall be $p_OTO:O.f .-2eg~f~~ :' " (c) For the moving ofanyi:building or structure (not including.the removal of such buildings and stnictures from the county, and not including temporary buildings) the fee shall b~~OTO:QJ (d) For the installation, placing, or moving a manufactured home, modular home, travel trailer, recreational vehicle ("RV") or portable building (larger than 8' X 12') into or within the County, (not including removal from the county) the fee shall~OTO&l . (3) The foregoing schedule of fees shall be in effect from aitd after the date hereof, . and shall continue in effect until amended by subsequent resolution of this Commissioners' Court. n ('\ 20 (\ n n ARTICLE V PROVISIONS FOR FLOOD HAZARD REDUCTION SECTION A. GENERAL STANDARDS In all areas of special flood hazards the following provisions are required for all new construction and substantial improvements: All new construction or substantial improvements shall be designed (or modified) and adequately anchored to prevent flotation, collapse or lateral movement of the structure resulting from hydrodynamic and hydtostatic loads, including the effects of buoyancy; All new construction or substantial improvements shall be constructed by methods and practices that minimize flood damage; All new construction or substantial improvements shall be constructed with materials resistant to flood damage; All new construction or substantial improvements shall be constructed with electrical, heating, ventilation, plumbing, and air conditioning equipment and other service facilities that are designed and/or located so as to prevent water from entering oracciunulating within the components during conditions of flooding; All new and replacement water supply systems shall be designed to minimize or eliminate infiltration of flood waters into the system; New and replacement sanitary sewage systems shall be designed to minimize or eliminate infiltration of flood waters into the system and discharge from the systems into flood waters; and, On-site waste disposal systems shall be located to avoid impairment to them or contamination from them during flooding. SECTION B. SPECIFIC STANDARDS In all areas of special flood hazards where base flood elevation data has been provided as set forth in (i) Article 3, Section B, (ii) Article 4, Section B(8), or (iii) Article 5, Section C(3), the following provisions are required: Residential Construction - new construction and substantial improvement of any residential structure shall have the lowest floor (including basement), elevated toor above the base flood elevation. A registered professional engineer, architect, orland surveyor shall submit a certification to the Floodplain Administrator that the standard of this subsection as proposed in 21 (' Article 4, Section C(1)a., is satisfied. Nonresidential Construction - new construction and substantial improvements of any commercial, industrial or other nonresidential structure shall either have the lowest floor (including basement) elevated to or above the base flood level or together with attendant utility and sanitary facilities, be designed so that below the base flood level the structure is watertight with walls substantially impermeable to the p'assage of water and with structural components having the capability of resisting hydrostatic 'and hydrodynamic loads and effects of buoyancy. A registered professional engineer or archite9t shall develop and/or review structural design, specifications, and plans for the construction) and shall certify that the design and methods of construction are in accordance with accepted. standards of practice as outlined in this subsection. A record of such certification which includes the specific elevation (in relation to mean sea level) to which such structures are floodproofed shall be maintained by the Floodplain Administrator. .Enclosures in Zone A- new construction and substantial improvements, with fully enclosed areas below the lowest floor that are usable solely for parking of vehicles, building access or storage in an area other than a basement and which are subject to flooding shall be designed to automatically equalize hydrostatic flood forces on exterior walls by allowing for the entry and exit of floodwaters. Designs for meeting this requirement must either be certified by a registered professional engineer or architect6r meet or exceed the following minimum criteria: A minimum of two openings having a total net area of not less than one square inch for every square foot of enclosed area subject to flooding shall be provided. n The bottom of all openings shall be no higher than one foot above grade. Openings may be equipped with screens, louvers, valves, or other coverings or devices provided that they permit the automatic entry and exit of floodwaters. Manufactured HOmeS~(mi~Omes~~'!tfactureil Buililings Require that all manufactured homes to be placed within Zone A on a community's FHBM or FIRM shall be installed using methods and practices that minimize flood damagt. For the F!!f.Poses of this reqq,irement, manufactured homes(moiiletliome_ ~actureaJif~must be eleval"d and anchored to resist flotatio", collapse, or lateral' movement. Nfetliods of anchormg may mclude, but are not lImited to, use of over- the-top or frame ties to ground anchors. This requirement is in addition to applicable State and local anchoring requirements for resisting wind forces. Require that manufactured homes, mol:5ile nomes, ana manufacturea l:5uilaings that are placed or substantially improved witmn Zones Wl-30, fUI, and AE on tlie community's FIRM on sites (i) outside of a manufactured home park or subdivision, (ii) in a new manufactured home park or subdivision, (iii) in an expansion to an existing manufactured home park or subdivision, or (iv) in an existing manufactured home park or subdivision on which a manufactured home has incurred "substantial damage" as a result of a flood, n 22 (' be elevated on a permanent foundatio.n such that the lowest floor of the manufactured home is elevated to or above the base flood elevation and be securely anchored to an adequately anchored foundation system to resist flotation, collapse, and lateral movement. Require that manufactured homes be placed or substantially improved on sites in an existing manufactured home park or subdivision with Zones AI-30, AH and AE on the county's FIRM that are not subject to other provisions of this paragraph be elevated so that either: the lowest floor of the manufactured home is at or above the base flood elevation, ~ . or the manufactured home chassis is supported by reinforced piers or other foundation elements of at least equivalent strength that are no less than 36 inches above highest adjacent grade and be securely anchored to an adequately anchored foundation system to resist flotation~ collapse, and lateral movement. Recreational Vehicles - Require that recreational vehicles placed on sites within Zones Al-30, AH, and AE on the county's FIRM either: be on the site for fewer than 180 consecutive days; be fully licensed and ready for highway use, or (\ meet the permit requirements of Article 4, Section CO), and the elevation and anchoring requirements for "manufactured home,s" inthe previous paragraph of this section. A recreational vehicle is ready for highway use if it is on its wheels or jacking system, is attached to the site only by quick disconnect type utilities and security devices, and has no permanently attached additions. SECTION C. STANDARDS FOR SUBDIVISION PROPOSALS All subdivision proposals including the placement of manufactured home parks and subdivisions shall be consistent with Article 1, Sections B, C, and D of this Order. All proposals for the development of subdivisions including the placement of manufactured home parks and subdivisions shall meet Development Permit requirements of Article 3, Section C; Article 4, Section C; and the provisions of Article 5 ofthis Order. Base flood elevation data shall be generated for subdivision proposals and other proposed development including the placement of manufactured home parks and subdivisions which is greater than 50 lots or 5 acres, whichever is lesser, if not otherwise provided pursuant to Article 3, Section B or Article 4, Section B (8) ofthis Order. All subdivision proposals including the placement of manufactured home parks and subdivisions (\ 23 (' shall have adequate drainage provided to reduce exposure to flood hazards. ,. All subdivision proposals including the placement of manufactured home parks and subdivisions shall have public utilities and facilities such as sewer, gas, electrical and water systems located and constructed to minimize or eliminate flood damage. SECTION D. STANDARDS FOR AREAS OF SHALLOW FLOODING (AO/AH, BAND C ZONES) Located within the areas of special flood hazard established in Article 3, Section B, are areas designated as shallow flooding. These areas have special flood hazards associated with base flood depths of I to 3 feet where a clearly depned channel does not exist and where the path of flooding is unpredictable and where velocity :'f1ow may be evident. Such flooding is characterized by ponding or sheet flow; therefore, the following provisions apply: All new construction and substantial improvements of residential structures have the lowest floor (including basement) elevated above the highest adjacent gradeat least as high as the depth number specified in feet on the community's FIRM (at least one foot if no depth number is specified). All new construction and substantial improvements of non-residential structures; o have the lowest floor (including basement) elevated above the highest adjacent grade at least as high as the depth number specified in feet on the community's FIRM (at least one foot ifno depth number is specified), or; together with attendant utility and sanitary facilities be designed so that below the base flood level the structure is watertight with walls substantially impermeable to the passage of water and with structural components having the capability of resisting hydrostatic and hydrodynamic loads of effects of buoyancy. A registered professional engineer or architect shall submit a certification to the Floodplain Administrator that the standards of this Section, as proposed in Article 4, Section C (1 )a., are satisfied. Require within Zones AH or AO adequate drainage paths around structures on slopes, to guide floodwaters around and away from proposed structures. SECTION E. FLOODWA YS Floodways located within areas of special flood hazard established in Article 3, Section B, are areas designated as floodways. Since the floodway is an extremely hazardous area due to the velocity of floodwaters which carry debris, potential projectiles and erosion potential, the following provisions shall apply: n 24 (' Encroachments are prohibited, including fill, new construction, substantial improvements and other development within the adopted regulatory floodway unless it has been demonstrated through hydrologic and hydraulic analyses performed in accordance with standard engineering practice that the proposed encroachment would not result in any increase in flood levels within the county during the occurrence of the base flood discharge. If Article 5, Section E (1) above is satisfied, ~ll new construction and substantial improvements shall comply with all applicable flood hazard reduction provisions of Article 5. Under the provisions of 44 CFR Chapter I, Section 65.12, of the National Flood Insurance . Regulations, a county may permit encroachments within the adopted regulatory floodway that would result in an increase in base flood elevations, provided that the community first applies for a conditional FIRM and floodway revision through FEMA. SECTION F. COASTAL IDGH HAZARD AREAS Located within the areas of special flood hazard established in Article 3, Section B, are areas designated as Coastal High Hazard Areas (Zqnes Vl-30, VE, and/or V). These areas have special flood hazards associated with high ve~ocity waters from tidal surges and hurricane wave wash; therefore, in addition to meeting all provisions outlined in this Order~ the following provisions must also apply: (', 1. Obtain the elevation (in relation to mean seal level) ofthe bottom ofthe lowest structural member of the lowest floor (excluding pilings and columns) of all new and substantially improved structures, and whether or not such structures contain a basement. The Floodplain Administrator shall maintain a record of all such information. 2. All new construction shall be located landward of the reach of mean high tide. 3. All new construction and substantial improvements shall be elevated on pilings . and columns so that: (i) the bottom of the lowest horizontal structural member of the lowest floor (excluding the pilings or columns) is elevated to or above the base flood level; (ii) the pile or column foundation and structure attached thereto is anchored to resist flotation, collapse and lateral movement due to the effects of wind and water loads acting simultaneously on all building components. Water loading values used sh(.'lll be those associated with the base flood. Wind loading values used shall be those required by applicable State or local building standards. (iii) A registered professional engineer or architect shall develop or review the n 25 (\ (' n structural design, specifications arid plans for the construction, shall certify that the design and methods of construction to be used are in accordance with accepted standards of practice for meeting additional provisions of (3 )(i) and (ii) of this Section and provide Floodplain Office Certification prior to d~velopment. . For the purpose of this section, a breakaway wall shall have a design safe loading resistance of not less than 10 and no more than 20 pounds per square foot Use of breakaway walls which exceed a design safe loading resistance of 20 pounds per square foot (either by design or when so required by local or State codes) may be permitted only if a registered professional engineer or architect certifies that the designs proposed meet the following conditions: . breakaway wall collapse shall result from a water load less than that which would occur during the base flood; and . the elevated portion of the building and supporting foundation system shall not be subject to collapse, displacement, or other structural damage due to the effects of wind and water loads acting simultaneously on all building components (structural and nonstructural). MaximUm wind and water loading values to be used in this determination shall each have one percent chance of being equaled or exceeded in any given year (100-year mean recurrence interval). If breakaway walls are utilized, such enclosed space shall be useable solely for parking of vehicles, building access, or storage. Such space shall not be used for human habitation. Prohibit the use offill for structural support of buildings. Prohibit man-made alteration of sand dunes and mangrove stands which increase . potential flood damage. Manufactured Homes - Mobile Homes- TrJilers Prohibit the placement of manufactured homes, mobile homes or trailers in any V Zone. 26 (\ Recreational Vehicles - Placed on sites within Zones VI-30, V, and VE on the county's FIRM either (i) be on the site for fewer than 180 consecutive days, (ii) be fully licensed and ready for highway use, or (iii) meet the requirements in Article 3, Section C of this Order and paragraphs (1) through (6) below. A recreational vehicle is ready for highway use if it is on its wheels or jacking system, is attached to the site only by quick disconnect type utilities and security devices, and has no permanently attached additions. Recreational Vehicle Parks- must comply the requirements discussed below. (' (4) (5) (6) (7) (\ (1) a written emergency evacuation plan that includes maps and alternate vehicular access and egress routes. The plan must be approved by Calhoun County Floodplain Administrator and must be posted at various locations throughout the RV Park and shall be distributed to the RV operator/owner upon entering the Park. (2) An emergency warning system with required maintenance and periodic testing. Examples of emergency warnihg systems include, but are not limited to: a public address system, siren, or on-sit,e resident (3) RV's shall be required to remain moveable. No RV shall be allowed to remain in the Park when placed on permanent blocks, when tires are removed, or when tires are flat (not including times when tires are being repaired). Egress ofRV's should not be prevented by stored or fixed items, including, but not limited to: stairs or porches. Each RV should be capable of evacuation at all times. For those RV's that are self-powered, they should be kept in running condition. For those RV's that are dependent on external power, a two-axle vehicle that is kept in running condition must accompany them. All permanent structures at the Park, including, blit not limited to: restrooms, office facilities, and laundry facilities must meet the local requirements of the Calhoun County Floodplain Order. These local requirements include, but are not limited to, the elevation, sewerage, and utilities requirements. Roads and streets in the R V Park shall be at least 20 feet wide and shall be constructed of suitable materials to ensure the roads remain passable in all weather conditions. 27 (\ n {\ !tis hereby declared to the intention of the Calhoun County Commissioners' Court that the phrases, clauses, sentences, paragraphs, and sections of this Order are severable, and if any phrase, clause, sentence, paragraph or sectioIl of this Order shall be declar~d unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such unconstitutionality shall not affect any of the remaining phrases;! clauses, sentences, paragraphs and sections of this Order, since the same would have been enacted by the Calhoun County Commissioners' Court, without the incorporation in this Order of any such unconstitutional phrase, clause sentences, paragraph or section.. 28 .l i\ ORDER PROHIBITING OUTDOOR BURN~NG: A Motion was made by Commissioner Fritsch and seconded by Commissioner Lyssy to approve the Order Prohibiting Outdoor Burning. Commissioners Galvan, Lyssy, Fritsch, Finster and Judge Pfeifer all voted in favor. PROHIBITION OF OUTDOOR BURNING WHEREAS, in accordance with provisions of the Texas Disaster Act of 1975, a state disaster has been based on the imminent threat of disaster from wildfire; and WHEREAS, declaration of such disaster authorized the imposition of controls on activities which tend to increase the likelihood of such fires; BE IT THEREFORE ORDERED that the following emergency regulations are hereby established for all unincorporated areas of Calhoun County, Te.xas for the duration of the above mentioned declaration; I. Actions Prohibited: A person violates this order ifhe or she bums any combustible material outside of an enclosure that services to completely contain all flames and/or sparks, or orders such burning by others. This Order is adopted pursuant to Local Government Code ~240.906.and other applicable statutes. This order does not prohibit outdoor burning activities related to public health and safety that are authorized by the Texas Commission on Environmental Quality for': (1) firefighter training (2) public utility, natural gas pipeline or mining operations; or (3) harvesting of agricultural crops. 2. Exception: Ifin the opinion of the Fire Chief of the area, or his designee(s) the controlled burn would be so situated as to pose no additional fire hazard during this period, and upon inspection the Fire Chief or his designee(s), feel(s) that all necessary precautions have been observed, the fire Chief or his designee(s( may issue an advance written waiver to the ban on outdoor burning. Any TCEQ permits must still be obtained by the property owner. 3. Enforcement: a. Upon notification of suspected outdoor burning, the fire department assigned to the location of the fire shall respond to the scene and take immediate measures to contain and/or extinguish the fire. b. A duly commissioned peace officer shall be sent to the scene to investigate the nature of the fire. c. If in the opinion of the officer at the scene and/or the Fire Chief, the goal of the order can be attained by informing the responsible party about the prohibitions established by this order, in such instances, an entry of the notification shall be made into the dispatchers log containing the time, date, and place of the warning, and the name ~f the person receiving the warning. d. In accordance with Local Government Code ~240.906(h), a violation of this Order is a Class C Misdemeanor, punishable by a fine not to exceed $500.00. " ij ORDER PROHIBITING OUTDOORil'BURNING II WHEREAS, The Commissioners' Cour1 finds that circumstances present in all or part of the unincorporated areas of the County create a public safety hazard that would be exacerbated by outdoor burning. " IT IS HEREBY ORDERED by the C9mmissioners' Court of Calhoun County that all outdoor burning is prohibited in the unincorporated area of the County for 90 days from the date of adoption of this Order, unless the restrictions dte terminated earlier based on a determination II made by the Texas Forest Service or this Court. This Order is adopted pursuant to Local Governrilent Code S352.081, and other applicablJ statutes. This Order does not prohibit outdoor burning activities related to public health and saf~ty that are authorized by the Texas Commission on Environmental Quality for: (1) firefighter training: (2) public utility, natural gas I~ pipeline or mining operations; (3) planting or harVesting of agricultural crops; or, (4) burns that are conducted by a prescribed bum manager certiped under Section 153.048, Natural Resources Code, and meet the standards of Section I 53.047,::Natural Resources Code. In accordance with Local Government Co?e S352.081(h), a violation of this Order is a Class C misdemeanor, punishable by a fine not to '!exceed $500.00. nays. ADO PTED this 23rd Day of October,. 2008, by a vote of S ayes and 2-. ~Il~ ~ ~ ichael J. Pfeife Calhoun County Judge ATTEST: Anita Fricke, County Clerk BY:~~ Deputy I COUNTY REPORTS: The District Clerk, JP 3 & 5, County Clerk, Tax Assessor/Collector and County Treasurer presented their monthly reports for the month of September 2008 and after reading and verifying same, a Motion was made by Judge Pfeifer arnd seconded by Commissioner Fritsch to accept said reports as presented. Commissioners Galvan, Lyssy, Fritsch, Finster and Judge Pfeifer all voted in favor. ."," .~ "- J J.P.T.: C.S.: ---......, .....L.aA.n.::J DISTRICT CLERK SUMMARy OF CASBTRANSACTIONS IN FEE ACCOUNT REKITTANCES(~) (,~~3. tJ 7 ~lJ~ ..~is--: ISD.on Remittance to County Treasurer: Road and Bridge General Fund: Fines Bond Forfeiture General Fund: District Clerk's Fees Sheriff's Fees Jury Fees Law Library Fund: C.J.P.F.: L.E.o.S.: C.V.C.A.: = B.A.T.: C.R.F.: Fugitive Appr. Acct.: C.C.C.: Juv. Crime Prev.: Time Pay Fee: Civil Indigent Filing Fee: Abused Children's Fund: C.M.I.: ~. 'S'~.:-t ~F TOTAL REMITTANCE TO COUNTY TREASURER: EPil 'i t;. !!!__ ~. --3J~__. JRE:..~----L.3_~~a....._ ~. .-1,t %L. <8 Interest: Remittance to Others: Out-of-County Sheriff's Fees: State: C.A.R. Fund: TOTAL REMITTANCE TO OTHERS: TOTAL EXPENDITUREs: ENDING BALANCE: TOTAL: Reconciliation With Cash in Bank: Balance in Checking Account: Outstanding Receipts: Outstanding Checks: Outstanding Criminal TOTAL: Outstanding Checks: (!)(.:Jt19iJQ,.J ~Of\K'I - ~.oo fl. 24/1. S-I-aHer - ..!Xl ~# ~/'/J -r.; "Mn~ 6.. - 10~~l') l'k#-1A.If'~. t-II""'Y'>'ld,.., - I~~. o~ Ck:ttZl'PI. ~ - I. (JO CI<4/. ~i2ID - TCl.LJ.<-tSI"'c.. - 75./J0 . C1'1a d<l...i7t Lu...bh c..o . - ;0. OLl ~ I'i!~{" J G.ta.l.~ - _.00 ~.. .!.l.SD"7 (\xwnsas C4 - I ~.Cl> i CKU:~M. t:,n",.,Q.. u. - f6IJ.()O I Receipts: dc-:+- l.SIO 1ho1.. -SOo. 00 ,,1(.."2..3 7..i . calk..,^- z... - 7.~~(JO ct.. 41=-1...314- +'17!Ir" Co T.-Ht.... - "'~..i.oo ~-: CJ(~ !J1/6; tdfml1~~Merdl - /.5~ ~.:l."". \hcbr.c...Co. - lloo.oo CJ.<:# ~I'fn:. I+H.I;A~ - 15.<:Jti e..K.... 2..601. e.cu......~-rr~I~m.l/ ry,M.ASb2..-r;.<lL~ l.D - 150.00 cl(:l:Iz ~M- Wi lIi(lA'\(.u. ~. Or'l J . .c.1utZ5()~ V:4-i.-Le-o. -/f"D.oo fB~5 W~~0;.,. ~DllO ~lJ"':' \1-,. . CD':. r .'5'.' OD u,. :J.~j( . ~~;a tq - 3..i~ -r~ = -J~ :S-Ij. 4 ',1 , , ) ~!rJ 103.07 ~ 2-t), ..3 J _ ~o. 00 :::: 'jg3>.87 t. I~ :::: ~ = ;2./). 'I:;' a q~.:~~ ~ q /. f:!g = I SS. GO ~.o'-l == ~().oo _ ~~..s" J . llO ___. II J Sq . Ji I :::: =- ~3 g3~ 3~ 8 a o. 00 22.03 ,3~ ~ 1 3 3t; 2. . 4- 7 , 30.5.38.' S. , 17 17,.,g -= = lq'igf/i.1~ ~ I~. S~7. ~Cf = '2. .tl93.00 ./ l7 17". ~ 8 =- 9' = APPROvro{) A~l./1vo.. ~~ '-...:pAMELA MAR~GROVE DISTRICT CLERK RECEIVED: MICHAEL PFEIFER COUNTY JUDGE DIStRICT CLERK SUMMARY OF CASH TRANSACTIONS IN FEE ACCOUNT RECEIPTS ( fuJ..~) Q3.CD 7~.43 '~pl,~{).oo 4~ l). .fl() ~ ~ District Clerk's Fees: Certified Copies Criminal Court Civil Court Stenographer Records Management Fund Courthouse Security Fund Civil Indigent Filing Fee Sheriff's Fees: Civil Court Civil Jury Jury Fees: Law Library Fees: C.J.P.F. L.E.O.S.: C.V.C.A.: J.P.T.: C.S.: B.A.T.: C.R.F.: Fugitive Appr. Acct.: C.C.C.: Juv. Crime Prev.: Time Pay Fee: Abused Children's Fund: C.M.1. A.J.S.F.: A-t+Ofl\"y Fe...e.s TOTAL FEES: Bond Forfeiture: Fines: Criminal Court C.A.R. Fund: State: Other Collections: Reimbursable C~ts ~~~4 ~(1 l.50."c {'U ~5Di, 1rc..vi5 c..o. I."itl.oO ck# :l ~ l.u 1l:"O.>MS6 n t.. 5/J. DO CIaJ ~C;f)i 11.. ~h11ilt fJJ. 1/'0.09- CI<~.1s(J~ VicJ.-niA f':' fLoo9. CJ2.-IiF-;'t';()b . (J.;'.r'Q'-;' &. 7G. ~t1 (' jAl .z.~1 ' 'Uc1I'\S<d' Co.. I :t.:;.tlO l' ~ 2& i. fl..m-~ ~ <2l'l.O!! C.2.tf ~S.Q9 Par,.;< lh "'5.00 ~A!;ib C'J.r.A"."t,h.J50.0d ) J TOTAL CASH RECEIPTS: INTEREST EARNED: BEGINNING BALANCE: TOTAL RESOURCES: --..&.&__.u. ~~,U.L'1.L J., .1..r.A.A:) ~A80.00 . /) .OD FPA lDO.lJD _ f: i~;..~~ . SsE. 10.10 .. (R!sC._~.u.a._,_ c.~~~~ M-1 '-....l_ J. ~ c.k. 2..\l.q~ b+h..li..- 12.0 .00 e..t.. 1.1I-~" 'v ;c.+''''L lo. -ICo 0 .00 c..L,. Z.'H7~ OIllIt...sG.. _ (,0.00 c:.~. *"'Z.1f t,'1 T,.a.u; oS 41 . _, oS. 00 , ~go9_1.J - 'jt~ ~ !l- ~ 1'-0. 00 140 . 00 'I 8D.ot) II ~ :~% ,.~ff: ~r .' L~~ 47. 7 I~ 1-lL. . ~O q 19ea.'LI- J 3~~S.3g '" 2. ~'8 .00 ;' J .3 9{). ao " J 3g3.3~ / 18 J33.,3g J~_~'k~_ / J 30 S.3g.~S . .l ~ .~ iMoney Di;tribution Report 7 10/01/2008 Page J!d.~GE GARY W. NOS.KA JP#3 SEPTEMBER I 08R~PORT] - ------------------------------------------------------------------------------------------------------------------------------------ Receipt Cause/Defendant Code Amount Code Amount Code Amount Code Amount Code Amount Code Amount Total 0044082 2008-32600 09/02/2008 JSF 3.00 TFC 3.,00 CCC 40.00 CHS 4.00 SAF 5.00 TF 4.00 180.00 ,I GARCIA, MARTIN JR. SUBC 30.00 JCSF 1.100 IDF 2.00 FINE 82.00 JPAY 6.00 Cred-Card/Trnsfr 0044083 2008-32850 09/02/2008 JSF 3.00 TFC 3.00 CCC 40.00 C~HS 4.00 SAF 5.00 TF 4.00 180.00 WOMAC, TERRY MARSHALL SUBC 30.00 JCSF 1.00 IDF 2.00 OFF 82.00 JPAY 6.00 Money Order 0044084 2008-32243 09/02/2008 JSF 3.00 TFC 3,00 CCC 40.00 CHS 4.00 SAF 5.00 TF 4.00 295.00 BALDERAS, OSCAR SUBC 30.00 JCSF 1.00 IDF 2.00 OFF 197.00 JPAY 6.00 Money Order 0044085 2008-32318 09/02/2008 JSF 0.89 TFC 0.90 CCC 11.96 CHS 1.20 SAF 1.50 TIME 7.48 35.00 ADAME, DANIEL TF 1.20 SUBC 8.97 JCSF 0.30 IDF 0.60 Money Order 0044086 2008-32866 09/02/2008 JSF 3.00 TFC 3.00 CCC 40.00 CHS 4.00 SAF 5.00 TF 4.00 180.00 PIERSON, VICTOR RAY SUBC 30.00 JCSF 1.00 IDF 2.00 OFF 82.00 JPAY 6.00 Cashier's Check 0044087 2008-32303 09/02/2008 JSF 1.73 TFC 1.72 CCC 22.90 CHS 2.29 SAF 2.86 TIME 14.31 100.00 LAVAN WAY , CANDY FLOSS TF 2.29 SUBC 17.18 JCSF 0.57 IDF 1.15 FINE 33.00 Money Order 0044088 2008-32563 09/02/2008 JSF 1.27 TFC 1.28 CCC 17.10 CHS 1.71 SAF 2.14 TIME 10.69 50.00 ROJAS, ANTONIO M TF 1. 71 SUBC 12;'82 JCSF 0.43 IDF 0.85 Money Order 0044089 2008-32784 09/02/2008 JSF 3.00 TFC 3;,00 CCC 40.00 CHS 4.00 SAF 5.00 TF 4.00 180.00 TRAN, YEN NGUYEN SUBC 30.00 JCSF 1 :00 IDF 2.00 FINE 82.00 JPAY 6.00 Cashier's Check 0044090 2008-32761 09/02/2008 JSF 3.00 TFC 3.00 CCC 40.00 CHS 4.00 SAF 5.00 TF 4.00 108.00 REED, ANNEKA YVETTE SUBC 30.00 JCSF 1.00 IDF 2.00 DOC 10.00 JPAY 6.00 Money Order 0044091 2008-32849 09/02/2008 JSF 3.00 TFC 3.00 CCC 40.00 CHS 4.00 SAF 5.00 TF 4.00 180.00 MORGAN, CARL WESLEY SUBC 30.00 JCSF 1.00 IDF 2.00 FINE 82.00 JPAY 6.00 Money Order 0044092 2008,32844 09/02/2008 JSF 3.00 TFC 3.00 CCC 40.00 CHS 4.00 SAF 5.00 TF 4.00 108.00 RODRIGUEZ, RAMONA GONZALES SUBC 30.00 JCSF 1.00 IDF 2.00 DOC 10.00 JPAY 6.00 Cashier's Check 0044093 2008-32213 09/03/2008 FINE 29.00 JPAY 6.00 35.00 CASSEL, JAMES HILTON Cash 0044094 2008-32214 09/03/2008 JSF 0.65 TFC 0.64 CCC 8.55 CHS 0.85 TIME 5.34 TF 0.85 25.00 CASSEL, JAMES HILTON SUBC 6.41 JCSF 0.21 IDF 0.43 LAF 1.07 Cash 0044095 2008-32888 09/03/2008 JSF 3.00 TFC 3JiOO CCC 40.00 CHS 4.00 SAF 5.00 TF 4.00 180.00 CASANOVA, MANUEL RAY JR. SUBC 30.00 JCSF 1 j!OO IDF 2.00 FINE 82.00 JPAY 6.00 Cred-Card/Trnsfr 0044096 2008-32770 09/03/2008 JSF 0.65 TFC 0.64 CCC 8.55 CHS 0.85 LAF 1.07 TIME 5.34 25.00 CUELLAR, CONSUELA PEREZ TF 0.85 SUBC 6.41 JCSF 0.21 IDF 0.43 Money Order 0044097 2008-32650 09/03/2008 JSF 3.00 TFC 3.00 CCC 40.00 CHS 4.00 SAF 5.00 TF 4.00 220.00 PERALTA, GERZAIN HEREDIA SUBC 30.00 JCSF 1.00 IDF 2.00 FINE 122.00 JPAY 6.00 Money Order 0044098 2008-32248 09/04/2008 FINE 122.00 122.00 ESCOBAR, CATARINO JR Cash 0044099 2008-32911 09/04/2008 JSF 3.00 CCC 40.00 CHS 4.00 SAF 5.00 TF 4.00 JCSF 1.00 310.00 JUAREZ, LABOURE FINE 249.00 JPAY 4.00 Jail Credit "-f 1 0/01/2008~ Receipt Cause/Defendant 0044100 2008-32250 09/04/2008 PEREZ, JACOB NOEL Cash 0044102 2008-32081 09/05/2008 LOTT, PAUL WESLEY Cash 0044103 2008-32662 09/05/2008 PESEK, ANGELA Cash 0044104 2008-32843 09/05/2008 MCBRIDE, JAME Money Order 0044105 2008-32643 09/05/2008 BAKER, JAMES ROBERT LOUIS Cashier's Check 0044106 2008-32486 09/05/2008 DAVILA, SILVIA RODRIGUEZ Money Order 0044107 2008-32907 09/05/2008 BUITRAN, KHEN Cash 0044108 2008-32356 09/05/2008 CHIPMAN, JONATHAN MILLER Money Order 0044109 2008-32606 09/05/2008 BROTHERS, KOLTON ALLEN Money Order 0044110 2008-32204 09/05/2008 GARZA, ASHLEY NICOLE Cash 0044111 2008-32834 09/08/2008 WILLIAMS, CODY AUSTIN Cash 0044112 2008-32829 09/08/2008 GRASSE, TERRY JAY Cash 0044113 2008-32934 09/08/2008 MARTINEZ, JONATHAN ROSS Jail Credit 0044114 2008-32862 09/08/2008 BAKER, DAVID LYNN Money Order 0044115 2008-32389 09/08/2008 JUAREZ, BALAAM Cash 0044116 2008-32388 09/08/2008 JUAREZ, BALAAM Cash 0044117 2008-32864 09/08/2008 SANCHEZ, JESUS MARIA Money Order 0044118 2008-32848 09/08/2008 PEREZ, ISAAC Money Order Money Distribution Report JUDGE GARY W. NOskA JP#3.SEPTEMBER I 08 REPORT Page 2 Code Amount Code Amount Code Amount Code Amount Code Amount Code Amount JSF 3.00 TF 4.00 JSF 0.64 TF 0 . 85 JSF 3.00 SUBC 30.00 JSF 3.00 SUBC 30.00 JSF 3.00 SUBC 30.00 JSF 0.65 TF 0.85 JSF 3.00 SUBC 30.00 JSF 0.79 TF 1. 02 JSF 3.00 TF 4.00 JSF 1.07 TF 1 .44 JSF 3.00 SUBC 30.00 JSF 3.00 SUBC 30.00 JSF 3.00 FINE 249.00 JSF 3.00 SUBC 30.00 JSF 3.00 TF 4.00 JSF 3.00 TF 4.00 JSF 3.00 SUBC 30.00 JSF 3.00 SUBC 30.00 TFC 3.00 SUBC 30.00 TFC SUBC TFC JCSF TFC JCSF TFC JCSF TFC SUBC TFC JCSF TFC SUBC TFC 3.00 ;1 SUBC 30.00 TFC 1.08 SUBC 10.77 TFC 3.00 JCSF 1.00 TFC 3.00 JCSF 1.00 CCC 40.00 JPAY 4.00 TFC 3.00 JCSF 1.00 TFC 3.00 SUBC 30.00 " TFC 3.00 SUBC 30.00 TFC 3.00 JCSF 1.00 TFC 3.00 JCSF 1.00 3.00 1.00 0.64 6.~1 3.00 1.00 CCC 40.00 JCSF 1.00 0.64 6.41 CCC 8.55 JCSF 0.22 II 3.00 ,I 1.00 !i 3.00 ,I 1.00 CCC 40.00 IDF 2.00 CCC 40.00 IDF 2.00 CCC 40.00 IDF 2.00 CCC 8.55 JCSF 0.21 CCC 40.00 IDF 2.00 0.77 7.69 CCC 10.25 JCSF 0.26 CCC 40.00 JCSF 1.00 CCC 14.36 JCSF 0.36 CCC 40.00 IDF 2.00 CCC 40.00 IDF 2.00 CHS 4.00 CCC 40.00 IDF 2.00 CCC 40.00 JCSF 1.00 CCC 40.00 JCSF 1.00 CCC 40.00 IDF 2.00 CCC 40.00 IDF 2.00 II CHS 4.00 IDF 2.00 CHS 0.85 IDF 0.43 CHS 4.00 FINE 17.00 CHS 4.00 DOC 10.00 CHS 4.00 FINE 82.00 CHS 0.85 10F 0.43 CHS 4.00 DDC 10.00 CHS 1.02 10F 0.51 CHS 4.00 10F 2.00 CHS 1.44 IDF 0.72 CHS 4.00 FINE 17.00 CHS 4.00 FINE 17.00 LAF 5.00 CHS 4.00 DDC 6.00 CHS 4.00 10F 2.00 CHS 4.00 IDF 2.00 CHS 4.00 FINE 122.00 CHS 4.00 FINE 122.00 SAF 5.00 FINE 82.00 SAF 1.07 SAF 5.00 JPAY 6.00 SAF 5.00 JPAY 6.00 SAF 5.00 JPAY 6.00 SAF 1.07 SAF 5.00 JPAY 6.00 LAF 1.28 SAF 5.00 FINE 142.00 SAF 1.79 FINE 82.00 SAF 5.00 JPAY 6.00 SAF 5.00 JPAY 6.00 TF 4.00 SAF 5.00 JPAY 6.00 LAF 5.00 FINE 62.00 LAF 5.00 FINE 122.00 SAF 5.00 JPAY 6.00 SAF 5.00 JPAY 6.00 Total TIME 25.00 JPAY 6.00 205.00 T I ME 5 .34 25.00 TF 4 . 00 115.00 TF 4.00 108.00 TF 4.00 180.00 TIME 5.34 25.00 TF 4.00 108.00 TIME 6.41 30.00 TIME 25.00 JPAY 6.00 265.00 TIME 8.97 JPAY 6.00 130.00 TF 4.00 115.00 TF 4.00 115.00 JCSF 1.00 310.00 TF 4.00 104.00 TIME 25.00 JPAY 6.00 185.00 TIME 25.00 JPAY 6.00 245.00 TF 4.00 220.00 TF 4.00 220.00 , , 10/01/2008' Money Distribution Report Page 3 JUDGE GARY W. NOSKA JP#3 SEPTEMBER'08 REPORT ------------------------------------ ------------- ------------------------------------------------------- ------------------------- Receipt Cause/Defendant Code Amount Code Amount Code Amount Code Amount Code Amount Code Amount I Total I 0044119 2008-32828 09/08/2008 JSF 3.00 TFC 3.00 CCC 40.00 CHS 4.00 SAF 5.00 TF 4.00 I 240.00 RITCHEY, GEORGE ROY SUBC 30.00 JCSF 1.00 IDF 2.00 DFF 142.00 JPAY 6.00 I Money Order I 0044120 2008-32814 09/09/2008 EXRF 20.00 I 20.00 NEAL, ROYCE AARON I Money Order I 0044121 2008-32813 09/09/2008 JSF 3.00 TFC 3.00 CCC 40.00 CHS 4.00 LAF 5.00 TF 4.00 I 160.00 NEAL, ROYCE AARON SUBC 30.00 JCSF 1.00 IDF 2.00 FINE 62.00 JPAY 6.00 I Money Order I 0044122 2008-32897 09/09/2008 I JSF 3.00 TFC 3.00 CCC 40.00 CHS 4.00 SAF 5.00 TF 4.00 I 180.00 OSINA, BLAKE STEVEN SUBC 30.00 JCSF 1.00 IDF 2.00 FINE 82.00 JPAY 6.00 I Money Order I 005-29840 09/09/2008 JCPT 2.00 CVC 15.00 CCC 17.00 FA 5.00 JCD 0.50 CHS 3.00 I 548.60 CMI 0.50 WRNT 50.00 TF 4.00 DPSC 30.00 DPSF 295.00 CSRV 126.60 I I 09/09/2008 TFC 3.00 CCC 40.00 CHS 3.00 SAF 5.00 WRNT 50.00 TIME 25.00 I 390.00 TF 4.00 DPSC 30.00 SUBC 30.00 FINE 110.00 CSRV 90.00 I I 0044125 2008-32641 09/09/2008 JSF 0.58 TFC 0.59 CCC 7.86 CHS 0.79 SAF 0.98 TIME 4.92 I 23.00 CASTANEDA, ARTEMIO JR. TF 0.79 SUBC 5.90 JCSF 0.20 IDF 0.39 I Cash I 0044126 2008-32827 09/10/2008 JSF 3.00 TFC 3.00 CCC 40.00 CHS 4.00 SAF 5.00 TF 4.00 I 180.00 DAVIDSON, MARSHALL EDEN SUBC 30.00 JCSF 1.00 IDF 2.00 FINE 82.00 JPAY 6.00 I Money Order I 0044127 2007-31558 09/15/2008 JSF 3.00 TFC 3.00 CCC 40.00 CHS 4.00 LAF 5.00 I1RNT.'~' .'S(r:od:' I 286.00 TIME 25.00 TF 4.00 SUBC 30.00 JCSF 1.00 FINE 51.00 CSRV 66.00 I JPAY 4.00 I 0044128 2007-31558A 09/15/2008 JCPT 2.00 CVC 15.00 CCC 17.00 FA 5.00 JCD 0.50 CHS 3.00 I 390.00 ~1Mb~QM CMI 0.50 ,WRNT;':{50:pO::;:1 TF 4.00 FINE 203.00 CSRV 90.00 I t!tii~~~~,i t ft. ,'.""'- . ,,';, ..." .. I I 004412912008- 321,'82 09/15/2008 JSF 3.00 TFC 3.00 CCC 40.00 CHS 4.00 SAF 5.00 TIME 25.00 I 205.00 'I 6.00 I SALINAS, SANTIAGA TF 4.00 SUBC 30.00 JCSF 1.00 IDF 2.00 FINE 82.00 JPAY Money Order I 0044130 2008-32835 09/15/2008 JSF 3.00 TFC 3.00 CCC 40.00 CHS 4.00 SAF 5.00 TF 4.00 I 115.00 MARTIN, BILLY RANDAL SUBC 30.00 JCSF 1.00 IDF 2.00 FINE 17.00 JPAY 6.00 I Money Order I 0044131 2008'32875 09/15/2008 JSF 3.00 TFC 3.00 CCC 40.00 CHS 4.00 SAF 5.00 TF 4.00 I 180.00 RUPE, BOBBY LEE SUBC 30.00 JCSF 1.00 IDF 2.00 FINE 82.00 JPAY 6.00 I Money Order I 0044132 2008-32629 09/15/2008 JSF 3.00 TFC 3.00 CCC 40.00 CHS 4.00 SAF 5.00 TF 4.00 I 240.00 MARTINEZ, EDIBRANDO SUBC 30.00 JCSF 1.00 IDF 2.00 FINE 142.00 JPAY 6.00 I Money Order I 0044133 2008-32942 09/15/2008 JSF 3.00 TFC 3.00 CCC 40.00 CHS 4.00 LAF 5.00 TF 4.00 I 220.00 ATHERTON, RALPH SUBC 30.00 JCSF 1.00 IDF 2.00 FINE 122.00 JPAY 6.00 I Money Order I 0044134 2008-32908 09/15/2008 JSF 3.00 TFC 3.00 CCC 40.00 CHS 4.00 SAF 5.00 TF 4.00 I 108.00 HERNANDEZ, LUCIO HERNANDEZ SUBC 30.00 JCSF 1.00 IDF 2.00 DDC 10.00 JPAY 6.00 I Money Order I 0044135 2008-32795 09/15/2008 JSF 3.00 TFC 3.00 CCC 40.00 CHS 4.00 SAF 5.00 TF 4.00 I 160.00 FOXWORTH, BRYAN DANIEL SUBC 30.00 JCSF 1.00 IDF 2.00 FINE 62.00 JPAY 6.00 I Cash I 0044136 2008-32314 09/16/2008 JSF 3.00 TFC 3.00 CCC 40.00 CHS 4.00 SAF 5.00 TF 4.00 I 180.00 LEAL, EDWARD SUBC 30.00 JCSF 1.00 IDF 2.00 DFF 82.00 JPAY 6.00 I Money Order I .. .~. 10/01/2008 Money Dis~ribution Report Page 4 JUDGE GARY W. NOSKA JP#3 SEPTEMBER'08 REPORT ------------------------------------------------------------------------------ ----------------------------------------------------- Receipt Cause/Defendant Code Amount Code Amount Code Amount Code Amount I Code Amount Code Amount Total I 0044137 2008-32830 09/16/2008 JSF 3.00 TFC 3.00 CCC 40.00 CHS 4.00 I SAF 5.00 TF 4.00 220.00 BARRERA, DARIAN M SUBC 30.00 JCSF 1.00 IDF 2.00 FINE 122.00 I JPAY 6.00 Money Order I 0044138 2008-31989 09/16/2008 JSF 0.63 TFC 0.64 CCC 8.55 CHS 0.86 I LAF 1.07 TIME 5.34 25.00 OLVERA, FRANCISCO JAVIER JR. TF 0.86 SUBC 6.41 JCSF 0.21 IDF 0.43 I Money Order I 0044139 2008-32877 09/17/2008 JSF 3.00 TFC 3.00 CCC 40.00 CHS 4.00 I SAF 5.00 TF 4.00 180.00 NGUYEN, VINH NGOC SUBC 30.00 JCSF 1.00 IDF 2.00 FINE 82.00 I JPAY 6.00 Cash I 0044140 2008-32385 09/17/2008 FINE 25.00 I 25.00 BALDERA, KENDRA LEE I Cash I 0044141 2008-32255 09/17/2008 JSF 3.00 TFC 3.00 CCC 40.00 CHS 4.00 I LAF 5.00 TIME 25.00 345.00 SIBLEY, KAY LYNN TF 4.00 SUBC 30.00 JCSF 1.00 IDF 2.00 I FINE 222.00 JPAY 6.00 Cash I 0044142 2008-32254 09/17/2008 JSF 2.35 TFC 2.36 CCC 31.45 CHS 3.15 I LAF 3.93 TIME 19.66 180.00 SIBLEY, KAY LYNN TF 3.15 SUBC 23.59 JCSF 0.79 IDF 1.57 I FINE 82.00 JPAY 6.00 Cash I 0044143 2008-32236 09/17/2008 JSF 3.00 TFC 3.00 CCC 40.00 CHS 4.00 I SAF 5.00 TIME 25.00 205.00 LOPEZ, LAUIRE JUDE TF 4.00 SUBC 30.00 JCSF 1.00 IDF 2.00 I FINE 82.00 JPAY 6.00 Cash I 0044144 2008-32961 09/18/2008 CVFF 25.00 CIFF 2.00 SF 75.00 I 102.00 CLVR ACQUISITIONS, LTD. I Personal Check I 0044145 2008-32952 09/18/2008 JSF 3.00 TFC 3.00 CCC 40.00 CHS 4.00 I SAF 5.00 TF 4.00 99.00 MACHICEK, FRANKLIN GEORGE SUBC 30.00 JCSF 1.00 IDF 2.00 DFF 1.00 I JPAY 6.00 Cash I 0044146 2008-32563 09/18/2008 JSF 1.73 TFC 1.72 CCC 22.90 CHS 2.29 I SAF 2.86 TIME 14.31 100.00 ROJAS, ANTONIO M TF 2.29 SUBC 17.18 JCSF 0.57 IDF 1.15 I FINE 33.00 Money Order I 0044147 2008-32341 09/18/2008 JSF 0.43 TFC 0.44 CCC 5.81 CHS 0.58 I SAF 0.72 TIME 3.64 25.00 SOSA, STEPHANIE MARIE TF 0.58 SUBC 4.36 JCSF 0.15 IDF 0.29 I FINE 8.00 Money Order I 0044148 2008-32257 09/18/2008 JSF 3.00 TFC 3.00 {:CC 40.00 CHS 4.00 I SAF 5.00 TF 4.00 240.00 GRIMALDO, HUMBERTO SUBC 30.00 JCSF 1.00 IDF 2.00 DFF 142.00 I JPAY 6.00 Cash I 0044149 2008'31944 09/18/2008 JSF 3.00 TFC 3.00 CCC 40.00 CHS 4.00 LAF 5.00 (RNil:,~p~:og) 419.90 'ij,qljARD ;,T H'OMAs' ANDR~\.i' TIME 25.00 TF 4.00 DPSC 30.00 JCSF 1.00 IDF 2.00 FINE 150.00 ~red-Card/Trnsfr CSRV 96.90 JPAY 6.00 0044150 2008-32905 09/19/2008 JSF 3.00 TFC 3.00 CCC 40.00 CHS 4.00 SAF 5.00 TF 4.00 220.00 CASTANEDA, HECTOR SUBC 30.00 JCSF 1.00 IDF 2.00 FINE 122.00 JPAY 6.00 Money Order 0044151 2008-32081 09/19/2008 JSF 0.64 TFC 0.64 CCC 8.55 CHS 0.86 SAF 1.07 TIME 5.34 25.00 LOTT, PAUL WESLEY TF 0.86 SUBC 6.41 JCSF 0.21 IDF 0.42 Cash I 0044152 2008-32028 09/19/2008 FINE 49.00 JPAY 6.00 I 55.00 GARCIA, GINO LEE i! I Cash I 0044153 2008-32029 09/19/2008 JSF 0.53 TFC 0.51 I CCC 6.84 CHS 0.68 SAF 0.85 TIME 4.27 20.00 'I GARCIA, GINO LEE TF 0.68 SUBC 5.13 I JCSF 0.17 IDF 0.34 Cash II I , 0044154 2008-32863 09/22/2008 JSF 3.00 TFC 3.00 I CCC 40.00 CHS 4.00 SAF 5.00 TF 4.00 108.00 MENCHACA, DAVID SUBC 30.00 JCSF 1.00 I IDF 2.00 DDC 10.00 JPAY 6.00 Cash I 10/01/2008 Money Dis,tribution Report Page 5 JUDGE GARY W. NOSKA JP#3 SEPTEMBER'08 REPORT ------------------------------------------------------------------------------ --------------------------- ------------------------- Receipt Cause/Defendant Code Amount Code Amount Code Amount Code Amount Code Amount Code Amount Total -, !! 0044155 2008-32914 09/22/2008 JSF 3.00 TFC 3.00 CCC 40.00 CHS 4.00 SAF 5.00 TF 4.00 220.00 ,I CANALES, CRYSTAL SUBC 30.00 JCSF 1.00 IDF 2.00 FINE 122.00 JPAY 6.00 Cash II 0044156 2008-32901 09/22/2008 JSF 3.00 TFC 3.00 CCC 40.00 CHS 4.00 SAF 5.00 TF 4.00 240.00 BAHENA, LIDIA FLORES SUBC 30.00 JCSF 1.bo IDF 2.00 FINE 142.00 JPAY 6.00 Money Order 'I 0044157 2006-30459 09/22/2008 JCPT 2.00 CVC 15.00 CCC 17.00 FA 5.00 JCD 0.50 CHS 3.00 548.60 VALDEZ, GUADALUPE JR. CMI 0.50 WRNT 50.bo TF 4.00 DPSC 30.00 DPSF 295.00 CSRV 126.60 Money Order 0044158 2005-30198 09/22/2008 JSF 4.00 TFC 3.pO CCC 40.00 CHS 3.00 SAF 5.00 TIME 25.00 524.50 VALDEZ, GUADALUPE JR. TF 4.00 DPSC 30.00 SUBC 30.00 JCSF 1.00 FINE 220.00 CSRV 109.50 Money Order WRNT 50.00 0044159 2008-32648 09/22/2008 JSF 3.00 TFC 3.00 CCC 40.00 CHS 4.00 SAF 5.00 TF 4.00 240.00 " BOWEN, JOSEPH ALAN SUBC 30.00 JCSF 1. pO IDF 2.00 OFF 142.00 JPAY 6.00 Money Order 0044160 2008-32891 09/22/2008 JSF 3.00 TFC 3.00 CCC 40.00 CHS 4.00 SAF 5.00 TF 4.00 115.00 " ROADES, JOHN WESTON SUBC 30.00 JCSF 1.00 IDF 2.00 FINE 17.00 JPAY 6.00 ,I Money Order I' 0044161 2008-32902 09/22/2008 JSF 3.00 TFC 3.00 CCC 40.00 CHS 4.00 SAF 5.00 TF 4.00 108.00 'I CEDILLO, RICHARD JOE SUBC 30.00 JCSF 1.00 IDF 2.00 DOC 10.00 JPAY 6.00 Cashier's Check 0044162 2008-32879 09/22/2008 JSF 3.00 TFC 3.00 CCC 40.00 CHS 4.00 SAF 5.00 TF 4.00 108.00 STROHBECK, TODD W. SUBC 30.00 JCSF 1.00 IDF 2.00 DOC 10.00 JPAY 6.00 Money Order 0044163 2008-32898 09/22/2008 JSF 3.00 TFC 3.pO CCC 40.00 CHS 4.00 SAF 5.00 TF 4.00 108.00 ALVAREZ, MELISSA JUANITA SUBC 30.00 JCSF 1.00 IDF 2.00 DOC 10.00 JPAY 6.00 Cash 0044164 2008-32450 09/23/2008 FINE 82.00 82.00 NAVULURI, VENUMADHAV Money Order 0044165 2008-32767 09/23/2008 JSF 3.00 TFC 3.00 CCC 40.00 CHS 4.00 LAF 5.00 TF 4.00 220.00 GILMORE, NATALEA ELAINE SUBC 30.00 JCSF 1.00 IDF 2.00 FINE 122.00 JPAY 6.00 Money Order 0044166 2008-32486 09/23/2008 JSF 0.64 TFC 0.64 CCC 8.54 CHS 0.86 SAF 1.07 TIME 5.34 25.00 DAVILA, SILVIA RODRIGUEZ TF 0.86 SUBC 6.41 JCSF 0.21 IDF 0.43 Money Order ii Ii 0044167 2008-32479 09/24/2008 JSF 3.00 TFC 3.00 CCC 40.00 CHS 4.00 SAF 5.00 TF 4.00 160.00 ,I TIJERINA, VICKY ANN SUBC 30.00 JCSF 1.00 IDF 2.00 OFF 62.00 JPAY 6.00 Money Order I; I' 09/25/2008 ,. 0044168 2008-32823 JSF 0.71 TFC 0.72 CCC 9.56 CHS 0.96 SAF 1.20 TF 0.96 150.00 -I OLAVARRIETA, MARTIN CRUZ SUBC 7.17 JCSF 0.24 IDF 0.48 FINE 122.00 JPAY 6.00 Money Order I': 0044169 2008-32590 09/25/2008 JSF 3.00 TFC 3.00 CCC 40.00 CHS 4.00 SAF 5.00 TIME 25.00 185.00 VARGAS, SIXTO JR. TF 4.00 SUBC 30.00 JCSF 1.00 IDF 2.00 FINE 62.00 JPAY 6.00 Money Order 0044170 21569 09/25/2008 JCPT 1.00 LEOC 2.00 LEMI 0.50 CVC 15.00 CJP 5.00 GR 2.50 95.00 COLLUMS, JAY BRADY TFC 3.00 SAF 35.00 LEOA 1.00 DPSC 30.00 Personal Check 0044171 21569 09/25/2008 FINE 295.00 295.00 COLLUMS, JAY BRADY Jail Credit 0044172 21278 09/25/2008 JCPT 1.00 LEOC 2.00 LEMI 0.50 CVC 35.00 CJP 5.00 JSF 75.00 300.00 COLLUMS, JAY BRADY GR 2.50 LAF 5.00 LEOA 1.00 DPSC 30.00 FINE 143.00 Personal Check 1cY/01/2008 Money Distribution Report Page 6 JUDGE GARY W. NOSKA JP#3 SEPTEMBER'08 REPORT ------------------------------------ --------------------------- ------------------------------------------------------------------- Receipt Cause/Defendant Code Amount Code Amount Code Amount I Code Amount Code Amount Code Amount Total I 0044173 2008-31814 09/25/2008 JCPT 2.00 CVC 15.00 CCC 17.00 I FA 5.00 JCD 0.50 CHS 3.00 548.60 GILLILAND, TERRY JOE CMI 0.50 WRNT 50.00 TF 4.00 I DPSC 30.00 FINE 295.00 CSRV 126.60 Personal Check I 0044174 2007-31529 09/25/2008 JSF 3.00 TFC 3.00 CCC 40.00 I CHS 4.00 SAF 5.00 WRNT 50.00 312.00 GILLILAND, TERRY JOE TIME 25.00 TF 4.00 DPSC 30.00 I SUBC 30.00 JCSF 1.00 FINE 41.00 Personal Check CSRV 72.00 JPAY 4.00 I 0044175 2008-32878 09/25/2008 JSF 3.00 TFC 3.00 CCC 40.00 I CHS 4.00 SAF 5.00 TF 4.00 180.00 PEREZ, LUIS ALBERTO SUBC 30.00 JCSF 1.00 IDF 2.00 I FINE 82.00 JPAY 6.00 Cash I 0044176 2008-32889 09/26/2008 JSF 3.00 TFC 3.00 CCC 40.00 I CHS 4.00 SAF 5.00 TF 4.00 108.00 FLORES, RENE SUBC 30.00 JCSF 1.00 IDF 2.00 I DOC 10.00 JPAY 6.00 Cash I 0044177 2008-32876 09/26/2008 JSF 3.00 TFC 3.00 CCC 40.00 I CHS 4.00 SAF 5.00 TF 4.00 180.00 NGUYEN, PHU HUU SUBC 30.00 JCSF 1.00 IDF 2.00 I FINE 88.00 Money Order I 0044178 2008-32631 09/26/2008 FINE 122.00 I 122.00 MOYA, MARIO II I Cash I 0044179 2008-32291 09/29/2008 JSF 3.00 TFC 3.00 CCC 40.00 I CHS 4.00 SAF 5.00 TIME 25.00 245.00 MONTERROSO, RODOLFO JR. TF 4.00 SUBC 30.00 JCSF 1.00 I IDF 2.00 FINE 122.00 JPAY 6.00 Cred-Card/Trnsfr I 0044180 2008-32029 09/29/2008 JSF 0.52 TFC 0.51 CCC 6.84 I CHS 0.68 SAF 0.86 TIME 4.27 20.00 GARCIA, GINO LEE TF 0.68 SUBC 5.13 JCSF 0.17 I IDF 0.34 Cash I 0044181 2008-32341 09/29/2008 FINE 25.00 I 25.00 SOSA, STEPHANIE MARIE I Money Order I 0044182 2008-32870 09/29/2008 JSF 3.00 TFC 3.00 CCC 40.00 I CHS 4.00 SAF 5.00 TF 4.00 108.00 HIBNER, KEITH ELLARD SUBC 30.00 JCSF 1.00 IDF 2.00 I DOC 10.00 JPAY 6.00 Money Order I 0044183 2008-32560 09/29/2008 JSF 2.04 TFC 2.05 CCC 27.35 I CHS 2.74 SAF 3.42 TIME 17.10 80.00 LUMPKINS, ANTHONY RICO TF 2.74 SUBC 20.51 JCSF 0.68 I IDF 1.37 Money Order 0044184 2008-32991 09/29/2008 JSF 3.00 TFC 3.00 CCC 40.00 CHS 4.00 LAF 5.00 TF 4.00 180.00 MORENO, ISRAEL SUBC 30.00 JCSF 1.00 IDF 2.00 FINE 82.00 JPAY 6.00 Money Order 0044185 2008'32668 09/29/2008 JSF 3.00 TFC 3.00 CCC 40.00 CHS 4.00 SAF 5.00 TF 4.00 108.00 ,I GONZALEZ, GEORGE JR. SUBC 30.00 JCSF 1.00 IDF 2.00 DOC 10.00 JPAY 6.00 Money Order 0044186 2008-32904 09/29/2008 JSF 3.00 TFC 3.00 CCC 40.00 CHS 4.00 SAF 5.00 TF 4.00 104.00 GONZALES, MARTHA RENEE SUBC 30.00 JCSF 1.00 IDF 2.00 DOC 6.00 I JPAY 6.00 Money Order I 0044187 2008-32890 09/29/2008 JSF 3.00 TFC 3.00 CCC 40.00 CHS 4.00 I SAF 5.00 TF 4.00 240.00 TURNER, LYNN ARTHUR SUBC 30.00 JCSF 1.00 IDF 2.00 FINE 142.00 I JPAY 6.00 Money Order I 0044188 20562 09/29/2008 JCPT 1.00 LEOC 2.00 LEMI 0.50 CVC 15.00 I CJP 5.00 CR 5.00 340.00 un ~ELERE ,GE()RGE:'R9BI'~i~~N GR 2.50 TFC 3.00 LEOA 1.00 FINE 255.00 I t\".RNT':;O.OQ Personal Check I 0044189 20544 09/29/2008 JCPT 1.00 LEOC 2.00 LEMI 0.50 CVC 15.00 I CJP 5.00 CR 5.00 230.00 tAl ZELE'RE iGEORGE"kbBI NSON GR 2.50 I TFC 3.00 LAF 5.00 LEOA 1.00 I DPSC 30.00 FINE 110.00 Personal Check WRNT 5O.00d I ":-,>.. 0044190 2008-33035 09/29/2008 JSF 3.00 I TFC 3.00 CCC 40.00 CHS 4.00 I LAF 5.00 TF 4.00 180.00 VU, TONY SUBC 30.00 I JCSF 1.00 IDF 2.00 FINE 82.00 I JPAY 6.00 Cash I I . ".., 10/01/2008 Money Distribution Report JUDGE GARY W. NOSKA JP#3 SEPTEMBER'08 REPORT Page 7 __________________________________________________ -----_____1______----------- _____________________________________________________ Receipt Cause/Defendant Code Amount Code Amount Code Amount Code Amount Code Amount Code Amount Total 0044191 2008-33022 09/29/2008 JSF 3.00 TFC 3.00 CCC 40.00 CHS 4.00 LAF 5.00 TF 4.00 180.00 WU, RUEY FENG SUBC 30.00 JCSF 1.00 IDF 2.00 FINE 82.00 JPAY 6.00 Cash 0044192 2008-32324 09/30/2008 FINE 122.00 122.00 FAILLA, MELISSA MARY Cashier's Check 0044193 2008-32896 09/30/2008 JSF 3.00 TFC 3.00 CCC 40.00 CHS 4.00 SAF 5.00 TF 4.00 108.00 MARTINEZ, BEATRIZ RIOS SUBC 30.00 JCSF 1.00 IDF 2.00 DOC 10.00 JPAY 6.00 Money Order Vo;~- MeGc:.~r4-# l+'rIOJ H~~b~,-+a G ~1"mCLldO 10/01/2008 Money Distribution Report JUDGE GARY W. NOSKA JP#3 SEPTEMBER'08 REPORT Page 8 ------------------------------------------------------------------------------------------------------------------------------------ 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 COST COST FEES FEES FEES FEES FEES FEES FEES FEES FINE FINE CCC CHS CJP CMI CR CVC DPSC FA GR IDF JCD JCPT JCSF JSF LAF LEMI LEOA LEOC SAF SUBC TF TFC TIME WRNT CIFF CSRV CVFF DOC OFF EXRF JPAY SF DPSF FINE CONSOLIDATED COURT COSTS COURTHOUSE SECURITY 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 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 CIVAL FILING FEE DEFENSIVE DRIVING DEFERRED FEE EXPIRATION RENEWAL FEE DISTRICT JUDGE PAY RAISE FEE SERVICE FEE DPS FTA FINE FINE 86 86 4 2 2 6 7 2 4 82 2 6 84 85 16 4 4 4 71 84 86 87 29 6 1 4 1 15 9 1 67 1 1 58 The following totals represent - Jail Credit and Community Service COST COST COST COST COST COST COST COST Money Totals 100 CCC CHS CJP CMI CR CVC DPSC FA CONSOLIDATED COURT COSTS COURTHOUSE SECURITY CJP CORRECTIONAL MANAGEMENT INSTITUTE CR COMPENSATION TO VICTIMS OF CRIME OMNI FUGITIVE APPREHENSION 6 6 o 2 o 2 2 2 Retained 284.91 286.51 2.00 0.10 1.00 11.00 69.30 1.00 1.00 13.68 0.10 0.80 70.37 28.72 63.42 0.20 .0.40 0.80 266.77 105.57 289.51 220.13 201.71 300.00 0.10 434.70 25.00 142.00 932.00 20.00 60.00 75.00 295.00 5,457.00 9,659.80 19.40 21.00 0.00 0.10 0.00 3.00 19.80 1.00 Disbursed Money-Totals 2,564.11 0.00 18.00 0.90 9.00 99.00 140.70 9.00 9.00 123.08 0.90 7.20 0.00 258.42 0.00 1.80 3.60 7.20 66.69 2,005.70 0.00 0.00 201. 70 0.00 1.90 0.00 0.00 0.00 0.00 0.00 340.00 0.00 0.00 0.00 5,867.90 174.60 0.00 0.00 0.90 0.00 27.00 40.20 9.00 2,849.02 286.51 20.00 1.00 10.00 110.00 210.00 .,. 10.00 10.00 136.76+- 1.00 8.00 70.37 +- 287. 14 \- 63.42... 2.00 4.00 8.00 333.46 + 2,111.27 + 289.51 + 220.13 + 403.41 + 300.00 ~ 2.00 434.70 +- 25.00 142.00 932.00 20.00 400.00 4- 75.00 295.00 5,457.00 +- 15,527.70 194.00 21.00 0.00 1.00 0.00 30.00 60.00 10.00 + /(...0. D O~ 3,o09.C +- I~. 0 0'::' ..3tJa.~ JD ,00': ~ '+0.00 %7;00: /4~,'7.b 1..{.oO::. "t.I,~~ \ ~, Q 0 = ~q 0, . I \ S.O cO_--t.:.Q'.lf.; 15. (;) 0'= 31fg.41c 0) 0 . GO=- .9} ~o,. ~ I (p . 0 0 = . 3C6. ; I ;).. 0 Oe. ~.3.o. I 50. (;) 0= 4~. l SO. 0 O...:-":3S0. ( q{,. I tiro:=S31.l 0< '-l 10 0 ::: I.f~'t. C LL ~ ,<0 D:::.~ 8'G3. ,VI Ss:2. bO , 10/01/2008 Money Distribution Report JUDGE GARY W. NOSKA JP#3 SEPTEMBER'08 REPORT Page 9 ------------------------------------------------------------------------------------------------------------------------------------ The following totals represent - Jail Credit and Community Service I Type Code Description COST COST COST COST COST COST COST COST COST COST COST COST COST COST COST COST FEES FEES FEES FEES FEES FEES FEES FEES FINE FINE GR IDF JCD JCPT JCSF JSF LAF LEMI LEOA LEOC SAF SUBC TF TFC TIME WRNT CIFF CSRV CVFF DOC OFF EXRF JPAY SF DPSF FINE GENERAL REVENUE INDIGENT DEFENSE FUND JUVENILE CRIME AND DELINQUENCY JUDICIAL AND COURT PERSONNEL TRAINING JUSTICE COURT SECURITY FUND 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 CIVAL FILING FEE DEFENSIVE DRIVING DEFERRED FEE EXPIRATION RENEWAL FEE DISTRICT JUDGE PAY RAISE FEE SERVICE FEE DPS FTA FINE FINE Count o o 2 2 3 3 2 o o o 2 2 6 2 2 4 o 4 o o o o 3 o 1 6 7 The following totals represent - Credit Card Payments and Transfers COST COST COST COST COST COST COST COST COST COST COST COST COST COST COST COST COST COST Credit Totals CCC CHS CJP CMI CR CVC DPSC FA GR IDF JCD JCPT JCSF JSF LAF LEMI LEOA LEOC CONSOLIDATED COURT COSTS COURTHOUSE SECURITY 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 JUROR SERVICE FUND SHERIFF'S FEE LAW ENFORCEMENT MANAGEMENT INSTITUTE LAW ENFORCEMENT OFFICE ADMINISTRATION LEOCE 4 4 o o o o 1 o o 4 o o 4 4 1 o o o Retained 0.00 0.00 0.10 0.40 3.00 0.90 10.00 0.00 0.00 0.00 8.00 3.00 24.00 6.00 25.00 200.00 0.00 372.60 0.00 0.00 0.00 0.00 1.80 0.00 295.00 1,157.00 2,171.10 16.00 16.00 0.00 0.00 0.00 0.00 9.90 0.00 0.00 0.80 0.00 0.00 4.00 1.20 5.00 0.00 0.00 0.00 Disbursed Money-Totals 0.00 0.00 0.90 3.60 0.00 8.10 0.00 0.00 0.00 0.00 2.00 57.00 0.00 0.00 25.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 10.20 0.00 0.00 0.00 358.50 144.00 0.00 0.00 0.00 0.00 0.00 20.10 0.00 0.00 7.20 0.00 0.00 0.00 10.80 0.00 0.00 0.00 0.00 0.00 0.00 1.00 4.00 3.00 9.00 10.00 0.00 0.00 0.00 10.00 60.00 24.00 6.00 50.00 200.00 0.00 372.60 0.00 0.00 0.00 0.00 12.00 0.00 295.00 1,157.00 2,529.60 160.00 16.00 0.00 0.00 0.00 0.00 30.00 0.00 0.00 8.00 0.00 0.00 4.00 12.00 5.00 0.00 0.00 0.00 1lJ/01/2008 Money Distribution Report JUDGE GARY W. NOSKA JP#3 SEPTEMBER'08 REPORT Page 10 ------------------------------------------------------------------------------------------------------------------------------------ The following totals represent - Credit Card Payments and Transfers Type Code Description COST COST COST COST COST COST FEES FEES FEES FEES FEES FEES FEES FEES FINE FINE SAF SUBC TF TFC TIME WRNT CIFF CSRV CVFF DOC OFF EXRF JPAY SF DPSF FINE DPS SUBTITLE C TECHNOLOGY FUND TFC TIME PAYMENT FEE WARRANT FEE CIVIL INDIGENT FILING FEE COLLECTION SERVICE FEE CIVAL FILING FEE DEFENSIVE DRIVING DEFERRED FEE EXPIRATION RENEWAL FEE DISTRICT JUDGE PAY RAISE FEE SERVICE FEE DPS FTA FINE FINE Count 3 3 4 4 2 1 o 1 o o o o 4 o o 4 The following totals represent - Combined Money and Credits 4 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 Credit Totals CCC CHS CJP CMI CR CVC DPSC FA GR IDF JCD JCPT JCSF JSF LAF LEMI LEOA LEOC SAF SUBC TF TFC TIME WRNT CI FF CSRV CVFF DOC CONSOLIDATED COURT COSTS COURTHOUSE SECURITY 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 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 CIVAL FILING FEE DEFENSIVE DRIVING 96 96 4 4 2 8 10 4 4 86 4 8 91 92 19 4 4 4 76 89 96 93 33 11 1 9 1 15 Retained 12.00 4.50 16.00 12.00 25.00 50.00 0.00 96.90 0.00 0.00 0.00 0.00 3.60 0.00 0.00 436.00 708.90 320.31 323.51 2.00 0.20 1.00 14.00 99.00 2.00 1.00 14.48 0.20 1.20 77.37 30.82 78.42 0.20 0.40 0.80 286.77 113.07 329.51 238. 13 251.71 550.00 0.10 904.20 25.00 142.00 Disbursed Money-Totals 3.00 85.50 0.00 0.00 25.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 20.40 0.00 0.00 0.00 316.00 2,882.71 0.00 18.00 1.80 9.00 126.00 201.00 18.00 9.00 130.28 1.80 10.80 0.00 277.32 0.00 1.80 3.60 7.20 71.69 2,148.20 0.00 0.00 251.70 0.00 1.90 0.00 0.00 0.00 15.00 90.00 16.00 12.00 50.00 50.00 0.00 96.90 0.00 0.00 0.00 0.00 24.00 0.00 0.00 436.00 1,024.90 3,203.02 323.51 20.00 2.00 10.00 140.00 300.00 20.00 10.00 144.76 2.00 12.00 77.37 308.14 78.42 2.00 4.00 8.00 358.46 2,261.27 329.51 238.13 503.41 550.00 2.00 904.20 25.00 142.00 1"0/01/2068 Money Distribution Report JUDGE GARY W. NOSKA JP#3 SEPTEMBER'08 REPORT Page 11 ------------------------------------------------------------------------------------------------------------------------------------ The following totals represent - Combined Money and Credits Type Code Description Count Retained Disbursed Money-Totals FEES OFF DEFERRED FEE 9 932.00 0.00 932.00 FEES EXRF EXPIRATION RENEWAL FEE 1 20.00 0.00 20.00 FEES JPAY DISTRICT JUDGE PAY RAISE FEE 74 65.40 370.60 436.00 FEES SF SERVICE FEE 1 75.00 0.00 75.00 FINE DPSF DPS FTA FINE 2 590.00 0.00 590.00 FINE FINE FINE 68 7,050.00 0.00 7,050.00 Report Totals 111 12,539.80 6,542.40 19,082.20 .:f . . 10/01/200~ Money Distribution Report Page 12 JUDGE GARY W. NOSKA JP#3 SEPTEMBER'08 REPORT --------------------------------------------------------------------------------------------------.--------------------------------- DATE PAYMENT-TYPE FINES COURT-COSTS FEES BONDS REST ITUT 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 255.00 85.00 0.00 0.00 0.00 0.00 340.00 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 255.00 85.00 0.00 0.00 0.00 0.00 340.00 09/01/1995 Cash & Checks Collected 110.00 120.00 0.00 0.00 0.00 0.00 230.00 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 110.00 120.00 0.00 0.00 0.00 0.00 230.00 09/01/1997 Cash & Checks Collected 143.00 252.00 0.00 0.00 0.00 0.00 395.00 Jail Credits & Comm Service 295.00 0.00 0.00 0.00 0.00 0.00 295.00 Credit Cards & Transfers 0.00 0.00 0.00 0.00 0.00 0.00 0.00 Total of all Collections 438.00 252.00 0.00 0.00 0.00 0.00 690.00 09/01/1999 Cash & Checks Collected 0.00 0.00 0.00 0.00 0.00 0.00 0.00 Jail Credits & Comm Service 0.00 0.00 0.00 0.00 0.00 0.00 0.00 Credit Cards & Transfers 0.00 0.00 0.00 0.00 0.00 0.00 0.00 Total of all Collections 0.00 0.00 0.00 0.00 0.00 0.00 0.00 09/01/2001 Cash & Checks Collected 0.00 0.00 0.00 0.00 0.00 0.00 0.00 Jail Credits & Comm Service 0.00 0.00 0.00 0.00 0.00 0.00 0.00 ~redit Cards & Transfers 0.00 0.00 0.00 0.00 0.00 0.00 0.00 Total of all Collections 0.00 0.00 0.00 0.00 0.00 0.00 0.00 09/01/2003 Cash & Checks Collected 0.00 0.00 0.00 0.00 0.00 0.00 0.00 Jail Credits & Comm Service 0.00 0.00 0.00 0.00 0.00 0.00 0.00 Credit Cards & Transfers 0.00 0.00 0.00 0.00 0.00 0.00 0.00 Total of all Collections 0.00 0.00 0.00 0.00 0.00 0.00 0.00 01/01/2004 Cash & Checks Collected 5,244.00 7,28~.00 2,030.70 0.00 0.00 0.00 14,562.70 Jail Credits & Comm Service 1,157.00 693.00 384.60 0.00 0.00 0.00 2,234.60 Credit Cards & Transfers 436.00 468.00 120.90 0.00 0.00 0.00 1,024.90 Total of all Collections 6,837.00 8,449.00 2,536.20 0.00 0.00 0.00 17,822.20 TOTALS Cash & Checks Collected 5,752.00 7,745.00 2,030.70 0.00 0.00 0.00 15,527.70 Jail Credits &Comm Service 1,452.00 693.00 384.60 0.00 0.00 0.00 2,529.60 Credit Cards & Transfers 436.00 468.00 120.90 0.00 0.00 0.00 1,024.90 Total of all Collections 7,640.00 8,906.00 2,536.20 0.00 0.00 0.00 19,082.20 Jl ,'" . ~~. 10/01/2008 Money Distribution Report JUDGE GARY W. NOSKA JP#3 SEPTEMBER'OB REPORT Page 13 DATE PAYMENT-TYPE ------------------------------------------------------------------------------------------------------------------------------------ TOTAL 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 Bail 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 Judie Filing Fees CF: Stat Cnty Court Indig Filing Fees CF: Stat Cnty Court Judie Filing Fees CF: Cnst Cnty Court Indig Filing Fees CF: Cnst Cnty Court Judie 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 FINES COURT-COSTS Count 100 o o 14 8 8 o o o o 89 o 87 74 8 o o o 31 o 71 490 o o o o o 1 o o o o o o o o o o o 1 491 Collected 3,055.02 0.00 0.00 74.00 32.00 32.00 0.00 0.00 0.00 0.00 299.14 0.00 2,201.27 348.46 .240.00 0.00 0.00 0.00 453.41 0.00 424.00 7,159.30 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 7,161.30 FEES BONDS RESTITUTION Retained 305.55 0.00 0.00 7.40 3.20 3.20 0.00 0.00 0.00 0.00 29.91 0.00 110.08 278.79 79.20 0.00 0.00 0.00 226.74 0.00 63.60 1,107.67 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 1,107.77 Disbursed 2,749.47 0.00 0.00 66.60 28.80 28.80 0.00 0.00 0.00 0.00 269.23 0.00 2,091.19 69.67 160.80 0.00 0.00 0.00 226.67 0.00 360.40 6,051.63 6,053.53 OTHER 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 .- - '~. - ~- . ~~-_._._""".", ~- c__~__ ..-,. __ ._______------- ~ ---- ~ "~- II . .... r ~, Judge Nancy Pomykal Justice of the Peace Pct. 5 CollectioDs~for t~~ Month of SEPTEMBER. 2001 Date: OCTOBER 9, 2008 Calhoun County COMMISSIONPRS'S COURT 211 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 given. Faxing --H: 9' _Pages including this cover. Signed: 09/30/2008 \9:15 361-983-2461 CALHOUN CO PCT 5 PAGE 02 10/08/2008 Money Distribution Report Pag12 1 JUDG[ NANCY PQHYKAL peT b- SEPTfHBER 2008 REPORT _____~~_______~_~______~--------~~------~A--------~~--_____~~-------~--------~-~------A--------~--------~- _____A-----------------~- Receipt Cause/Defendant I Code Amount I Code Amount I Code AlOOunt Code Amount I Code Amount Code Amount I Total I I I I I 0373490 09-07-0360 09/02/2008 I JSf 3.00 I CCC 40.00 I CHS 4.00 SAF 5.00 I TF 4.00 JCSF LOO I 115.00 HARRIS, STEVE PAUL I JPAY 6,00 I IDF 2 00" I FINE:: 50.00 I I . II Personal Checl:. I I I I I 0373491 OB-08-0394 09/02/:?008 I AF 10.00 I I I I 10.00 GTfSSEL. JUSTIN ZACHARY I I I I I Personal Check I I I I I 0373492 OB-07-02~0 09/02/2008 AF 30.00 I I I I 30.00 IDANK, BELINDA RUIZ I I I I Mone.y Order I I I I 0373493 09-09-0409 09/03/2008 AF 10.00 I I I I 10.00 LAMBRIGHT. BOBBY GENE JR. I I I I Cash I I I I 0373494 08-09-0410 09/03/?009 JSF 4.00 I cee 40.00 I CHS 3.00 PWAF 5.00 I TF 4.00 JCSF 1.00 I 115.00 I.AHBIl.IGHT. BOBBY GENE JR. JPAY 6.00 I IOF 2..00 Ion 50.00 I I \ Castl I I I I 0373495 07-12-0337 09/04/2008 JSF 4.00 I CCC 40.00 CHS 3.00 I PWAF 5.00 I TF 4.00 JCSF 1.00 I 111. 80 GRAVFS. [RIC J JPAY 4.00 I PWF 25.00 eSRv 25.80 I I I Cash I I I I 0373496 08-07-0761 09/04/2008 JSF 3,00 I CCC 40.00 CHS 4.0011N 5,00 I IF 4.00 JCSF 1.00 I 200.00 GREGORY, ROBERT JPAY 6.00 I lDF 2.00 FINl 135.00 I I \ Coorn Service I I I I 0373497 08.0/-0237 09/06/7.008 JSr 3.00 I ecc 40.00 CIIS .1.00 I LAF 5.00 ITF 4.00 ,JCSF 1.00 I 115.00 HAW~S. WILLIAM CODY I .JPAY 6.00 I !DF 2.00 FINE 50.00 I I I Personal Checl:. I I I I I 0373498 06-07-0236 09/08/2008 ,JSF 3.00 I cce 40.00 CHS <1 . 00 I lAr 5.00 I TF 4.00 I JCSF 1.00 I 115.00 DENBOW. LAUREN BROOKF JPAY 6 .00 I lOF 2.00 FINE bO.OO I I I I Personal Check I I I I 0373499 09-09-0411 09/08/2008 JSF 3.00 TrC 3.00 eec 40.00 I CIIS 4.00 I SAF 5.00 ITF 4.00 I 108.00 CALVO. BRANDON DAVIO JCSF 1.00 JPAY 6.00 lOF 2.00 I DSC 10.00 I SUBC 30.00 I I Honey Oroor I I I I 0373500 08-09-0407 09/08/2006 JSF 3.00 TFC 3.00 ece 40.00 I CHS 4.00 I lAF 5.00 I TF 4.00 I 220.00 R01LLLO. REGULO MORI:.NO JCSF 1.00 JPAY 6.00 lOr 2.00 fINE 122.00 I SUBe 30.00 I I Cred-C(lrd/l'rnsfr Ii I I I 0373501 06-00-0404 09/08/2008 JSF 3.00 IFC 3.00 CCC 40.00 CHS 4.00 I tAF 5.00 I Tf 4.00 I 2%.00 HAns. RYAN JAMES JCSF 1.00 JPAY 6.00 lOf 2.00 fINE 197.00 I SUBC 30.00 I I Money Order I I I I I 0373502 08-07-0304 09/08/7.008 I JSF 0.62 cee 6.15 I CHS 0.46 PWAF 0.77 I TF o . 62 I JCSf 0.15 I 10.00 HAWfS. WII.LIAH CODY I JPAY 0.92 IOF 0.31 I I I I Personal Check I I I I I 0373503 08..0B-0380-$C 09/08/2009 I CJF 5.00 I I I I 5.00 BRADFORD, MARSHALl I I I I I Cashier's Check. I I I I I 0373504 08-06-0216 09/08/7.008 I JSF 3.00 HC 3.00 I eec 40,00 CHS 4.00 I SA! 5.00 I IF 4.00 I 80.00 WILLIS. KELLY ELVIN I JCSF 1. 00 I JPAY 6 . 00 I lOF 2.00 DFF 8.79 I SUBC 3.21 I I Cash I I I I I I 0373505 08-07-0265 09/09/7008 I JSF 4.00 I cec 40.00 I CHS 3.00 PWAF 5.00 I TF 4.00 I JCSF 1.00 I 65.00 HUMMEL. JAMES ROBlRI I JPAY 6.00 I IOf 2.00 I I I I COlIIll Scrv i ce I I I I I I 0373506 08-09-0406 09/09/2008 I TfC 3.00 I CHS 3.00 I SAF 5.00 TF 4.00 I JCSF 1.00 I FINf 100.00 I 146.00 JACKSON. EMMA I StlBC 30.00 I I I I I I Money.Orocr I I I I I I I 0313507 06-09-0412 09/09/?006 I JSF 3.00 I TFC 3.00 I CCC 40.00 I CHS 4.00 I SAF 5,00 I TF 4.00 I 104.00 IORENZ. THEOOORI:. RICHARO I ,JCSF 1. 00 I JPAY 6.00 I 101 2.00 I DSC 6.00 I SUBC 30.00 I I Money Order I I I I I I I 09/30/~008 19:15 351-983-2451 CALHOUN CO PCT 5 PAGE 03. 10/08/2008 Honey Distribution Report Page 2 JUDGl NANCY POHYKAL PCT 5- Sl"PTEMBER 700B REPORT ~~______A________-_____~__~_______-------~---------~-------~--------~--------~---------------~------------ -----------~~-----.~----- Rece1pt eause/De1endant Code Amount I Code Amount I Code Amount I Code Amount I . Code AmOunt Code Amount I lotal I I I I I 0373&08 08-08-0401 09/10/7008 FINE 130.00 I SUBC 30.00 I I I I 160.00 ESQUIVEL. DAVID CHRISTOPHE.R I I I I I Cash I I I I I 0373509 08,08-0400 09/15/2008 JSF 3.00 I TFC 3.00 Ieee 40.00 I CHS 4.00 I SAF 5.00 TF 4.00 I 220.00 PIERSON. BLAKE RANOALL JCSF 1.00 I JPM 6.00 I TD~ 2.00 I FINE 122.00 I SUBC 30.00 I Personal Check I I I I I 0373510 08-09-0414 09/15/2008 Jsr 3.00 I TFC 3.00 I cce 40.00 CHS 4.00 I SAF 5.00 TF 4.00 I 240.00 MALONEY. BR['I r LEf JCSF 1. 00 I JPAY 6 . 00 I IDr 2.00 FINE 142.00 I SUBC 30.00 I Money Order 1 II I I I 0373511 08-09-0423 09/25/20.08 JSF 3.00 Ieee 40.00 I CHS 4.00 lAr 5.00 I TF 4.00 JCSF 1.00 I 325.00 LUNA. NATHAN R JPAY 6.00 I IDF 2.00 I FINE 260.00 I I ,la i 1 Credi t I I I I 0373517 08-09-0474 09/29/2006 AF 10.00 I I I I 10.00 HAR1, KEITH HUBERT I I I I Personal Check. I I I I 0373513 08-09-0445 09/29/2008 I JSF 3.00 I ecc 40,00 CHS 4.00 LAF 5.00 TF 4.00 I JCSF 1.00 I 160.00 BUll. BRENT AtLEN I ,)PAY 6 . 00 I lOF 2.00 FINF' 90.00 I I Cashier's Check I I '. I I 0373514 08-09-0446 09/29/2008 I JSF 4.00 Ieee 40.00 CHS 3.00 LAF 5.00 TF 4.00 I JCSF 1.00 I 310.00 BURNS. JAMES THOMAS I JPAY 6,00 I lOF 2.00 FINE 245.00 I I Cashier'S Check. I I :1 I I 037351~ 08-09-0413 09/29/2008 I JSF 4.00 I eec 40.00 CH$ 3.00 L.AF 5.00 TF 4.00 I .JCSF 1.00 I 310,00 GIESALHART, WILLIAM BILL I JPAY 6.00 I !DF ?.OO I.INE 245.00 I I I Jai 1 Cr'edi t I I I I I 0373516 08-09-0447 09/2912008 I JSF 4.00 I cce 010.00 CHS 3.00 I LAF 5.00 TF 4.00 I JeSF 1.00 I 310.00 WALL. RICHARO JOE I JPAY 6 . 00 I IDF 2.00 I FINE 24&.00 I I Cashier's Check I I I I I 0373517 08-09-0448 09/29/2008 I Jsr 4.00 I cce 40.00 I CHS 3.00 LAF 5.00 TF 4.00 I JCSf 1.00 I 310.00 BRANDT. KYNO(LL KIRBY I JPAY 1;.00 I IOF ?OO I FINE 245.00 I I Cashier's Check I I I I I 0373518 08-03-0087 09/3017008 I FINE 82.00 I OSG 10.00-1 I I 72.00 RODRIGUEZ. EUSEBIO III I I I I Money Order I. I I I 0373519 08-09-0449-SC 09/30/2008 I HEE: 2.00 I FIll 2&.00 I I I ?7 .00 tONE STAR BOAT STORAGE I I! I I I Persona 1. Check I I I I 09/30i2008 ~9:15 351-983-2451 CALHOUN CO PCT 5 PAGE 04 J 09/30/2008 ~9:15 361-983-2461 CALHOUN CO PCT 5 PAGE 05 09/30i4008 ~9:15 351-983-2451 CALHOUN CO PCT 5 PAGE 05 10/08/2006 Money Oistr1bution Report JUDGE NANCY POMYKAI. peT 5- S[PHJ1BER ?008 REPORT Page 5 ----~~-------~-------~~--------~-----~-~~--_._--~-------_.~-------~~-------~^-------~------~~-------~------------------^-------^~----- The following totals represent - Coobined Money and Credits Type code Description Count Hetained Disbursed Honey-Totals rH.S SUlK SUB TITLl C 9 12,11 231. 04 243.21 FINE FINE FINE 17 2.515.00 0.00 2.515.00 FINE PWF PARKS & wILOUFE FINF 1 3.75 21.ni 25.00 Report Totals 30 3, 174 .43 1. 184 .37 4,308.80 09/3012008 f9:15 351-983-2451 CALHOUN CO PCT 5 PAGE 07 10/08/2008 Money oisuibulion Report. Page 6 .lUOG!:: NANCY POHYKAI PCT 5- Sl:PTEMBER 2008 REPORr ________~~~--_____~~________~________~-~___.___~-----~__A~_______~A~----___~______"---------~--------~-------~~--------~------------- DATE PAYMENT-TYPE FTNfS COURT-COSTS FEES BONDS RESTITUTION OTHER TOTAL 00/00/0000 Gash & Checks Collected 0.00 0.00 0.00 0.00 0.00 0.00 0.00 Jail Credits & Coom Service 0,00 0.00 0.00 0.00 0.00 0.00 0.00 Credit Cards & Iransfers 0.00 0.00 0.00 0.00 0.00 O.DO 0.00 Totill of all Collections 0.00 0.00 0.00 0.00 0.00 0.00 0.00 09/0111991 Cash & Checks Collected 0.00 0,00 0.00 0.00 0.00 0.00 0.00 Ji'lil credits & corrm Service 0.00 0.00 0.00 0.00 0.00 n.oo 0.00 'I 0.00 Credit Cards & Transfers 0.00 0.00 0.00 0.00 0.00 0.00 lota lof a 11 Co 11 ect ions 0.00 0'.00 0.00 0.00 0.00 0.00 0.00 09/01/1993 Cash & Ctleck.s Co 11 ected 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 a'll Co 11 ect.i ons 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 Ja'il Credits & Comm Servite 0.00 0.00 0.00 0.00 0.00 0.00 0.00 Creait Cards & Transfers 000 0.00 0.00 0.00 0,00 0.00 0.00 rota 1 of all Co 11 ect ions 0.00 0,00 0.00 0.00 0.00 0.00 0.00 09/01/1997 Cash & Checks Collected 0.00 @.OO 0.00 0.00 0.00 0,00 0.00 Jai 1 Credits & COIllll 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 D9/0111999 Cash & Chec~s Collected 0.00 0.00 0.00 0.00 0.00 0.00 0.00 Jail Credits & Comrn Service 0.00 0.00 0.00 0,00 0.00 0.00 0.00 C0edil Cards & Tr3nsfers 0.00 0.00 0.00 0.00 0.00 0.00 0.00 Tota 1 of a'\l Co 11 ect ions 0.00 0.00 0.00 0,00 0.00 0.00 0.00 09/01/2001 Cash & Checks Collected 0.00 0.00 0.00 0.00 0.00 0.00 0.00 Jail Credits & Comm Service 0.00 0.00 0.00 0.00 0.00 0.00 0.00 Credit Ca rds & Tr'ans fars 0.00 0.00 0.00 0.00 0,00 0.00 0.00 Total of all Collections 0.00 t).00 0.00 0.00 0.00 0.00 0,00 " 09/01/2003 Cash & Checks Collected 0.00 0.00 0.00 0.00 0.00 0.00 0.00 Jail Credits & Comm Service 0.00 0.00 0.00 0.00 0.00 0.00 0.00 Credit Cards & Transfers 0.00 0.00 0.00 0.00 0.00 0.00 0.00 lotal of all Collections 0.00 0.00 0,00 0.00 0.00 0.00 0.00 01/01/<'004 Cash & Checks Collected 1. "!7e,OO 1. Olb. 00 395.80 0.00 0.00 0.00 3.188.80 Jail Credits & Comm service 640.00 260.00 0.00 0.00 0.00 0.00 900.00 Cr'edit Cards & Transfers 122.00 68.00 30.00 0-00 0.00 0.00 220,00 Total of all Collections 2.540.00 1. 343 . 00 425.80 0.00 0.00 0.00 4.308.eO TOTALS Cash & Checks COllected 1. 778.00 1. 015.00 395.80 0.00 0.00 D.OO 3.18S,80 Jai 1 Credl ts & COllm $erv i ce 640.00 , 260.00 0.00 0.00 0.00 0.00 900.00 Credit Cards & Transfers 12?,OO 68,00 30.00 0.00 0.00 0,00 220.00 Total of all Collections ?540.00 1.343.00 425.80 0.00 0.00 0.00 4.308.80 " , 09/30/~008. ~9:15 351-983-2451 CALHOUN CO PCT 5 PAGE 08 10/08/2008 Honey Distribution Report JUOOr. NANCY POt1YKAL PCI 5- Sr.PTEMBER I'ooe REPORT Page 7 ______~______~~-------~~------~~~---------------~-----__~~______,~-------~-------A------~-------A-------~~--____A-------~^------~~-- DAlE PAYMENT-TYPE rINFS COURT -COSTS FEES BONDS RESTITUTION OTHER TOTAL State of TeJt:as Quarterly Reporting fotals Description COIJnt Collect~d Hetained Disbursed st1lte comptroller Cost and fees Report Section T: Report for Offenses Committed 01-01-04 Forwar<l 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 - 08-31-9b Bail Bonds Fee DNA Testing ~ees EMS Trauma Fund (EMS) Juvenile Probation Diversion Fees Jury Reimburseroont Fee indigent Defens~. fee State Traffic Fees Total Due For This Period )) 646.15 64,62 581. 53 0 0.00 0.00 0.00 0 0.00 0.00 0.00 0 0.00 0.00 0.00 0 0.00 0.00 0.00 () 0,00 0.00 0.00 0 0.00 0.00 0.00 0 0.00 0.00 0.00 0 0.00 0,00 0.00 0 0.00 0.00 0.00 17 53,62 5.36 46.26 0 0.00 0.00 0.00 9 243.21 12.16 231.05 10 45.77 36.62 9,15 0 0.00 0.00 0.00 0 0.00 0.00 0.00 0 0.00 0.00 0.00 0 0.00 0.00 0.00 0 0.00 0.00 0.00 0 0.00 0.00 0.00 17 9.4.92 14.24 80,68 70 1.083.67 133.00 950.67 0 0,00 0.00 0.00 0 0.00 0.00 0.00 0 0.00 0.00 0.00 0 0.00 0.00 0.00 0 0.00 0.00 0.00 0 0,00 0.00 0.00 0 0,00 0.00 0.00 0 0.00 0.00 0.00 0 0.00 0.00 0.00 0 0.00 0.00 0.00 0 0.00 0.00 0.00 0 0.00 0.00 0,00 0 0.00 0.00 0.00 0 0,00 0.00 0.00 0 0.00 0,00 0.00 0 0.00 0.00 0.00 0 0.00 0.00 0,00 0 0.00 0.00 0.00 70 1.083.67 133.00 950.67 Section IT: As Appl i cable State Pol ice Offi cer Fees Failure to Appear/pay Fees Judicial fund - Const County Court Judicial Fund - Statutory County Court Motor Carrier Weight V'iolations Time Payment. fee Driving Record Fees Judicial support fees Report Sub Tota') StatE! Comptrol h.)r Ci vi 1 Fees Report CF: Birth Certificate Fees CI": Marriage License Fees CF: Declaration o1'Informal Mllrriage CF; Nondisclosure Fees CF: Juror Donations CF; ,Justice Court Indi 9 Fil i ng Fees CF: Stat Prob Court Indig Filing ~ees CF: stat Prob Court Judie Filing Fees CF: Stat Cnty Court Indig Filing lees CF: Stat cnty Court Judie Filing Fees CF: Cnst Cnt,y Court rndi!) Filing Fee~ CF: Cnst Cnty Court Judi c F il i 1'19 Fees cr: Oi st Court Di stri ct.. & Family ,-aw CF: [)ist court Other Di"orc~IFamily I.aw CF: Dist Court Indig filing Fees CF: Family Protection Fee CF: Judicial Support Fee Report Sub Total THE STATE OF TEXAS Before me. the underslgned authority. this day county of Calhoun County personally appeared Nancy P~~al. Justice of the Pence, Precinct No S. Calhoun county. [e:>\ijs, W'lO being duly sworn, deposes and says that the above .." 0g/30!~008. ~g:15 351-g83-2451 CALHOUN CO PCT 5 PAGE 0g . ~~fore90ing report is true and correct, Wi tness my hand thi s .!l- day of . - ,. , 'A- ~ ANITA FRICKE - COUNTY CLERK MONTHLY REPGRT RECAPITULATION OFFICE FUND. - SEPTEMBER 2008 CIVIL FUNDS County Fees County Clerk's Fees Recording Probate Civil Total County Clerk's Fees Judge's Fees Probate Civil Total Judge's Fees Probate Fees (Education Fees) Sheriffs Fees Jury Fees Law Library Fees Beer Licenses Appellate Fund (TGC) Court Reporter Fees Civil Indigent Fees Record Management Fees (County Clerk) Record Management Fees (County) Security Fees (County) Bond Forfeitures Subtotal County Fees $15,203.90 160.00 680.00 16.00 85.00 State Fees Judicial Funds (CV$1 ,369.00 + PR$328.00) Marriage License Fees Birth Certificate Fees Total State Fees SUBTOTAL Overpmt of Filing Fees to be Refunded by Co. Clk. TOTAL CIVIL FUNDS COLLECTED 'I $1~,043.90 101.00 20.00 , 550.00 0.00 ': 735.00 0.00 " 105.00 315.00 ! 130.06 2.240.00 , 130.00 ! 586.00 2,670.00 $~.625.90 1,697.00 il 367.50 il 75.60 2,140.10 $25,766.00 $25,766.00 0.00 $25,766.00 CRIMINAL FUNDS $7,813.00 + $294.00) Total Criminal Court Costs & Fines & Pre-Trial Diversion TOTAL FUNDS RECEIVED (As per AC$ Report) Bank Interest Earned '! TOTAL FUNDS RECEIVED Less Refunds for Overpayment of Filing Fees ADJUSTED FUNDS RECEIVED Plus Re-Deposit of NSF Checks: (Not recorded in ACS) Less NSF Checks (Not recorde<:!, in ACS) Co. Clerk Check 999 8,107.00 $33,873.00 79.36 $33,952.36 0.00 $33,952.36 100.00 AMOUNT DUE COUNTY TREASURER J $34,062.36 I I J 4S;' rl~;r~-_, .' .., .... .- ANITA FRICKE - COUNTY CLERK MONTHLY REPORTRECAPITULA TION (con't) OFFICE FUND - SEPTEMBER 2008 DISBURSEMENTS CK# Pavable To 998 Rhonda Kokena, Co. Treas. DescriDtion Amount $42,721.00 $0.00 $0.00 $0.00 Aug. 2008 report TOTAL DISBURSEMENTS $42,721.00 CASH ON HAND. OFFICE FUND Beginning Book Balance Funds Received Disbursements Plus Redeposit of NSF Checks Less NSF Checks Ending Book Balance $42,695.34 33,952.36 -42,721.00 100.00 BANK RECONCILIATION OFFICE FUND Ending Bank Balance Outstanding Deposits.. Outstanding Checks.. Plus Other Items.. Less Other Items.. Reconciled Bank Balance $33,705.04 542.00 (220.34) $34,026.70 $34,026.70 --..-..-.--.--.. -.. -..-.--.. -.. - ..-.-- ..-..--. -.. -.. -..-..-..-.. -.. -..- " CASH ON HAND TRUST FUND Beginning Book Balance Funds Received Disbursements Ending Book Balance $40,280.65 0.00 0.00 $40,280.65 BANK RECONCILIATION. TRUST FUND Ending Bank Balance Outstanding Deposits.. Outstanding Checks.. Reconciled Bank Balance $41,962.53 0.00 (1,681.88) $40,280.65 ..See Attached ~~~ SUBMITTED BY: Anita Fricke, County Clerk SUMMARY TAX ASSESSO~-COLLECTOR'S MONT~T 1i:QBt" SEPTEMBER Title Certificate Fees $ 4,537.00 Title Fees Paid TXDOl $ 2,792.00 Title Fees Paid County Treasurer Salary Fund $ 1,745.00 Motor Vehicle Registration Collections $ 74,049.12 Disabled Person Fees $ 45.00 Postage $ 140:00 Paid TXDOT $ 69,951.47 Paid TXDOT SP $ 815.00 Paid County Treasurer $ Paid County Treasurer Salary Fund' II $ 3,467.65 II Motor Vehicle Sales & Use Tax Collections $ 316,176.67 Paid State Treasurer $ 316,176.67 Special Road/Bridge Fees Collected $ 10,840.00 Paid TXDOT - RIB Fees $ 325.20 Paid County Treasurer - RIB Fees $ 10,514.80 Texas Parks & Wildlife Collections $ 1,180.00 Paid Texas Parks & Wildlife 'I $ 1,062.00 Paid County Treasurer Salary Fund $ 118.00 State Beer & Win, Collections $ 1,115.00 Paid Tx Alcoholic Beverage Commission $ 1,094.50 Paid County Treasurer, Salary Fund $ 20.50 County Beer & Wine Collections $ 215.00 Paid County Treasurer, County Beer & Wine $ 204.25 Paid County Treasurer, Salary Fund $ 10.75 Renewal Fees for County Beer & Wine $ 6.00 Paid County Treasurer - Renewal F $ 6.00 Additional Postage. Vehicle Registration $ 10.75 Paid County Treasurer - Additional Postage $ 10.75 Interest earned on paw $ 8.38 and $ 8.38 Refund $ Accounts !i Paid County Treasurer - Int. on P&W & Ref $ 8.38 Interest earned on Office Account $ 216.51 Paid county Treasurer - Nav. East $ 0.18 Paid County Treasurer - all other districts $ 216.33 Business Personal Property. Misc. Fees $ 27.09 Paid County Treasurer $ 27.09 Special Overpayments $ '. Paid County Treasurer $ Overpayments $ 3.52 Current Tax Collections $ 7,270.91 Penalty and Interest - Current Roll $ 1,555.59 Discount for early payment of taxes $ Delinquent Tax Collections $ 4,249.95 Penalty & Interest. Delinquent Roll $ 2,05Q.97 Collections for Delinquent Tax Attorney $ 2,397:.30 Advance - FM & L Taxes $ 19.67 Advance - County AdValorem Taxes $ 12,905.60 Paid County Treasurer - Nav. East $ 64.47 Paid County Treasurer - all other Districts $ 2,141.20 Paid County Treasurer - Delinq Tax Atty. Fee $ 2,397.3cf Payment in Lieu of Taxes $ Paid County Treasurer - Navig. East $ Paid County Treasurer - All other Districts $ Boat/Motor Sales & Use Tax Collections $ 2,396.42 Paid State Treasurer $ 2,276.60 Paid County Treasurer, Salary Fund $ 119.82 Special Farmers Fees Collected $ 45.00 Paid State Treasurer, Farmers Fees $ 45.00 Hot Check Collection Charges $ 30.00 Paid County Treasurers. Hot Check Charge $ 30.00 Overage on Collection/Assessing Fees $ Paid County Treasurer, overage refundE $ Escheats $ Paid County Treasurer-escheats $ TOTAL $ 428,566.18 $ 428,566.18 TOTAL OF ABOVE RECEIPTS PAID TO COUNTY $ 428,566.18 ~~) c2 (jJ~ , GLORIA A. OCHOA Tax Assessor-Collector JYutAJ ~ ~ IcH L. PFEIFER . County Uudge CALHOUN COUNTY, TEXAS CALHOUN COUNTY TREASURER'S REPORT MONTH OF: SEPTEMBER 2008 BEGINNING ENDING FUND FUND BALANCE RECEIPTS DISBURSEMENTS FUND BAIANCE GENERAL $ 19,339,160.65 $ 591,607.26 $ 1,213,248.30 $ 18,717,519.61 AIRPORT MAINTENANCE 90,018.27 236.79 1,903.22 88,351.84 APPELLATE JUDICIAL SYSTEM 1,216.95 393.20 0.00 1,610.15 ANIMAL CONTROL-CAWS 157.73 0.41 0.00 158.14 CHAMBER TOURISM CENTER 253.45 0.67 0.00 254.12 COUNTY CHILD WELFARE BOARD FUND 1,770.11 68.66 0.00 1,838.77 COURTHOUSESE~Y 154,388.46 2,693.66 0.00 157,082.12 DA GUNVlOLENCEPROSECUfIONPROG. 17,212.63 45.28 0.00 17,257.91 DONATIONS 161,236.01 639.32 627.01 161,248.32 FAMILY PROTECTION FUND 2,101.57 110.53 0.00 2,212.10 JUVENILE DELINQUENCY PREVENTION FUND 8,139.54 21.41 0.00 8,160.95 GRANTS 52,762.53 5,216.41 465.11 57,513.83 HWY 871FM1090 279,294.54 734.68 0.00 280,029.22 JUSTICE COURT TECHNOLOGY 30,127.15 1,371.52 0.00 31,498.67 JUSTICE COURT BUILDING SECURITY FUND 6,417.84 316.84 0.00 6,734.68 LATERAL ROAD PRECINCT #1 5,184.39 13.64 0.00 5,198.03 LATERAL ROAD PRECINCT #2 5,184.40 13.63 0.00 5,198.03 LATERAL ROAD PRECINCT #3 5,184.40 13.63 0.00 5,198.03 LATERAL ROAD PRECINCT #4 5,184.58 13.62 0.00 5,198.20 PRETRIAL SERVICES FUND 48,251.33 386.93 0.00 48,638.26 LAW LIBRARY 130,164.26 3,107.40 0.00 133,271.66 LAW ENF OFFICERS STD. EDUC. (LEOSE) 10,929.73 28.75 0.00 10,958.48 POC COMMUNITY CENTER 24,485.57 1,839.41 1,921.00 24,403.98 RECORDS MANAGEMENT -DISTRICT CLERK 2,667.98 250.53 0.00 2,918.51 RECORDS MANAGEMENT -COUNTY CLERK 73,957.98 5,088.07 2.64 79,043.41 RECORDS MGMf & PRESERVATION 31,676.40 846.63 0.00 32,523.03 ROAD & BRIDGE GENERAL 1,019,247.87 35,493.49 0.00 1,054,741.36 ROAD & BRIDGE PRECINCT #3 12,952.05 34.07 0.00 12,986.12 ROAD MAINTENANCE PRECINCT #4 615.26 1.62 0.00 616.88 SHERIFF FORFEITED PROPERTY 1,214.94 3.20 0.00 1,218.14 6MlLE PlER/BOAT RAMP INSURlMAINT - 0.00 0.00 0.00 TEAM COMPATIBILITY FUND-HA VA 9,850.84 0.00 0.00 9,850.84 CAPITAL PROJ-COURTHOUSE RENOVATION 125,753.33 330.79 0.00 126,084.12 CAPITAL PROJ-NEW EMS BLDG 1,166,691.25 0.00 12,675.00 1,154,016.25 CAPITAL PROJ-NEW JAIL BLDG 0.00 0.00 0.00 0.00 CAPITAL PROJ-OLIV IPf ALTO FD BLDG 100,000.00 0.00 0.00 100,000.00 CAPITAL PROJ-P ARKING 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 562,106.73 0.00 6,830.88 555,275.85 CAPITAL PROJ-SW AN POINT PARK 74,720.40 0.00 0.00 74,720.40 CAPITALPROJ-AIRPORT IMPROVEMENT II 13,093.79 0.00 31.97 13,061.82 CAPITAL PROJ-AlRPORT RUNWAY IMPROV 60,000.00 0.00 0.00 60,000.00 CAPIT AL PROJ-EMER COMM SYS 137,791.25 0.00 0.00 137,791.25 CAPIT AL PROJ-MOLD REMEDIATION 858.83 0.00 0.00 858.83 CAP PROJ-HATERlUS PRK BOAT RAMP-STRM REP 33,148.15 0.00 0.00 33,148.15 CAP PROJ.PORT ALTO PUBL BEACH-STORM REP 30,384.78 0.00 0.00 30,384.78 CAPPROJ- CO CLERK'S RECORDS 22,907.25 0.00 0.00 22,907.25 CAPPROJ-DISTRICT CLERK'S RECORDS 62,758.75 0.00 . 45,100.00 17,658.75 CAPITAL IMPROVEMENT PROJECTS - 0.00 0.00 0.00 CAPPROJ-RHODES BUILDING 204,325.22 0.00 3,486.98 200,838.24 ARREST FEES 868.36 560.85 0.00 1,429.21 BAIL BOND FEES (HE 1940) 1,470.00 1,140.00 285.00 2,325.00 CONSOLIDATED COURT COSTS (NEW) 20,131.57 14,737.36 0.00 34,868.93 DRUG COURT PROGRAM FUND 167.88 139.22 0.00 307.10 SUBTOTALS $ 24,246,526.89 $ 667,499.48 $ 1,286,577.11 $ 23,627,449.26 Page 1 of 3 COUNTY TREASURER'S REPORT MONTH OF: SEPTEMBER 2008 BEGINNING ENDING FUND FUND BALANCE RECEIPTS DISBURSEMENTS FUND BALANCE OPERATING FUND - BALANCE FORWARD $ 24,246,526.89 $ 667,499.48 $ 1,286,577.11 $ 23,627,449.26 ELECTIONS CONTRACT SERVICE 16,831.07 44.68 0.00 16,875.75 FINES AND COURT COSTS HOLDING FUND 8,455.31 0.00 0.00 8,455.31 INDIGENT CIVIL LEGAL SERVICE FUND 200.00 260.00 0.00 460.00 JUDICIAL FUND (ST. COURT COSTS) 232.52 11 J.3 6 0.00 343.88 JUDICIAL SALARIES FUND 3,869.22 4,457.09 0.00 8,326.31 JUROR DONATION-TX CRIME VICTIMS FUND 6.00 22.00 0.00 28.00 JUSTICE OF THE PEACE CLEARING 71,819.66 (9,311.81) 919.97 61,587.88 JUVENILE PROBATION RESTITUTION 839.33 0.00 0.00 839.33 LIBRARY GIFf AND MEMORIAL 47,320.63 124.48 0.00 47,445.11 MISCELLANEOUS CLEARING 2,760.62 11 ,181.60 3,757.66 10,184.56 REFUNDABLE DEPOSITS 2,000.00 0.00 0.00 2,000.00 STATE CIVIL FEE FUND 2,264.70 4,607.60 0.00 6,872.30 JURY REIMBURSEMENT FEE 1,334.06 945.76 0.00 2,279.82 SUBTITLE C FUND 7,999.79 5,670.19 0.00 13,669.98 SUPP OF CRIM INDIGENT DEFENSE 790.76 562.43 0.00 1,353.19 TIME PAYMENTS 2,158.63 1,550.77 0.00 3,709.40 TRAFFIC LAW FAILURE TO APPEAR 1,601.76 1,204.56 0.00 2,806.32 UNCLAIMED PROPERTY 2,967.58 35.72 0.00 3,003.30 BOOT CAMPIJJAEP 57,713.76 151.82 6,459.02 51,406.56 JUVENILE PROBATION 137,325.86 23,164.24 15,206.72 145,283.38 SUBTOT ALS $ 24,615,018.15 $ 712,281.97 $ 1,312,920.48 $ 24,014,379.64 TAXES IN ESCROW 0.00 0.00 TOTAL OPERATING FUNDS $ 24,615,018.15 $ 712,281.97 $ 1,312,920.48 $ 24,014,379.64 COMB. HOSP. REV. & TAX CERTIF. OF OBLIG. $ 6,342.90 $ 911. 83 $ 10.01 $ 7,244.72 CONSTRUCTION (JAIL) 466,935.62 1,345.40 0.00 468,281.02 CONSTRUCTION (JAIL) SERIES 2003 - I & S 210,711.27 4,124.75 40.42 214,795.60 CERT. OF OB-CRTHSE REN. I&S FUND SERIES 2004 37,368.96 1,256.81 312.Ql 38,313.76 TOTAL OPER. & OTHER CO. FUNDS g; 25336376.90 $ 719920.76 $ 1 313 282.92 $ 24743014.74 MEMORIAL MEDICAL CENTER: OPERATING 3,032,104.24 $ 2,215,252.70 $ 1,659,569.66 $ 3,587,787.28 MEMORIAL 18,802.59 .25.11 0.00 18,827.70 RESTRICTED DONATION 14,912.70 19.92 0.00 14,932.62 INDIGENT HEALTHCARE 356,925.74 301,677.67 509,709.54 148,893.87 TOTALS $ 3,422,745.27 $ 2,516,975.40 $ 2,169,279.20 $ 3,770,441.47 DRAINAGE DISTRICTS NO.6 9,659.23 $ 12.90 $ 22.50 $ 9,649.63 NO.8 73,688.53 641.51 73.50 74,256.54 NO. to-MAINTENANCE 58,896.07 535.83 4,930.75 54,501.15 NO. I1-MAINTENANCE/OPERATING 70,800.29 1,659.34 2,886.42 69,573.21 NO. 11-RESERVE 126,420.55 168.85 0.00 126,589.40 TOTALS $ 339,464.67 $ 3,018.43 $ 7,913.17 $ 334,569.93 CALHOUN COUNTY NAVIGATION DIST. MAINTENANCE AND OPERATING 173,751.27 $ 3,106.35 $ 11,978.13 $ 164,879.49 TOT AL MMC, DRAINAGE DIST. & NA V. DIST. $ 3 935 961.21 $ 2 523 100.18 II; 2189170.50 !l: 4 269.890.89 TOT AL ALL FUNDS .: $ 29,012,905.63 ,/' Page 2 of 3 COUNTY TREASURER'S REPORT MONTH OF: SEPTEMBER 2008 i; BANK RECONCILIATION LESS: CERT.OF DEP/ FUND OUTSTNDG DEP/ PLUS: CHECKS BANK FUND BAIANCE OTHER ITEMS OUTSTANDING BAIANCE OPERATING * $ 24,014,379.64 $ 22,914,790.24 $ 191,772.80 $ 1,291,362.20 COMB. HOSP. REV & TAX CERTIF. OF OBLIG. 7,244.72 0.00 0.00 7,244.72 CONSTRUCfION (JAIL) ** 468,281.02 425,647.95 0.00 42,633.07 CONSTRUCfION (JAIL) SERIES 2003 - I & S 214,795.60 0.00 0.00 214,795.60 CERT. OF OB-CRTHSE REN. I&S FUND SERIES 2004 38,313.76 0.00 0.00 38,313.76 MEMORIAL MEDICAL CENTER: OPERATING :j: 3,587,787.28 1,400,100.00 129,538.32 2,317,225.60 MEMORIAL 18,827.70 0.00 0.00 18,827.70 RESTRICfED DONATION 14,932.62 0.00 0.00 14,932.62 INDIGENT HEALTHCARE 148,893.87 0.00 64,454.29 213,348.16 DRAINAGE DISTRICf: NO.6 9,649.63 0.00 15.00 9,664.63 NO.8 74,256.54 0.00 0.00 74,256.54 NO. 10 MAINTENANCE 54,501.15 0.00 4,875.00 59,376.15 NO. 11 MAINTENANCE/OPERATING 69,573.21 0.00 0.00 69,573.21 NO. 11 RESERVE 126,589.40 0.00 0.00 126,589.40 CALHOUN CO. NAVIGATIONDIST: MAINTENANCE/OPERATING **** 164,879.49 0.00 0.00 164,879.49 TOTALS $ 29 012 905.63 $ 24.740 538.19 $ 390 655.41 $ 4 663 022.85 * CDs - OPERATING FUND $22,866,899.03/ CD - 6 MllE PARK $67,649.33 ** CD - CONSTRUCTION (JAIL) $425,000 **** THE DEPOSITORY FOR CALHOUN CO. NAVIGATION DISTRICT IS FIRST NATIONAL BANK - PORT LA V ACA :j: CD - MMC OPERATING FUND $1,400,000 THE DEPOSITORY FOR ALL OTHER COUNTY FUNDS IS INTERNATIONAL BANK OF COMMERCE - PORT LA V ACA . CD -7000570385 (held in lieu of bond) CALHOUN COUNTY/ DH TEXAS DEVELOPMENT- $546,904.37 ~KEN~~ COUNTY TREASURER Page 3 of 3 ... e - ... ... = en co = g ... N a:to-= =&:~ en en ~ 51 ~~ d'" == =~ ... &: .... i!5 ~ _ to- to- l!: -Za.. ail t- ... = =!; _cnCl - ...:z: en = =- .... ~ a:i = i! ffi 15~ e t:S:li ~ ... I- :z = ail = 0' = :z:: ..II C e '<t ~ C') I'-- I!) I!) ~ 0 N C') '<t ~ ~ ~ 0 ,....: C\i -i I!) Ol Ol ~ C') <0 C') '<t I'-- I'-- 0 Ol. C'), I'-:. O. q 6 <0 N 00 ~ I'-- 00 ;,; ;,; <0 '<t01'--'<tC') 00 00 ~ 0 C'! '<t~I!)'<t<O I'-- I'-- I!) Ol <ri"-:C\ioi""': <ri <ri I'-: I'-- C')'<t~'<tl!) N N 0 00_ I!) C')NC') C') t'l <0 N N ~ ;,; (fl I'--OOOl Ol~ <O~ r::; ~ 0 I!) 0 I'-- <ON 001'-- I!) <rioici oiC'i U;U; I!) I'-: 1'--0 I!) 1'--(0 C')~ ;::;, 0 ~o~ I!) 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(J),.-o,.- C')C')C')NC')NOlNC') OOOOOO~NN 1'--1'--1'--1'--1'--1'--1'--1'--1'-- J,LbJ,Lba.bJJJ,tbJ, 000000000 000000000 000000000 1'--1'--1'--1'--1'--1'--1'--1'--1'-- FUND NAME o~:;;fJ'o~e Recelots DIsbursements I;jalance 09130/08 General 20,596.064 ",ru~,"/o 4.587,919 1$ 10. 1I."2U Afrport Maintenance 93,358 719 5.725 88.352 Appellate Judicial System 782 828 1,610 Animal Control- CAWS 157 1 158 Chamber Tourism Center 252 2 254 County Child Welfare Board Fund 1,614 225 1,839 Courthouse Security 148,795 8,288 157.082 DA Gun Violence Prosecution Program 17,124 134 17,258 Donations 160,079 :j 4,241 3,072 161,248 Family Protection Fund 1,926 286 2,212 Juvenile Delinquency Prevention Fund 8,098 63 8,161 Grants 76,566 5,584 24.637 57,514 Hwy 87/FM 1090 277,854 2,175 280,029 Justice Court Technology 26,822 4.676 31,499 Justice Court Building Security Fund 5,655 1,079 6,735 Lateral Road Precinct 1 5,158 40 5,198 Lateral Road Precinct 2 5,158 40 5,198 Lateral Road Precinct 3 5,158 40 5.198 Lateral Road Precinct 4 5.158 40 5,198 Pretrial Services Fund 47,753 885 - 48,638 Law Library 126,494 6;778 133,272 Law Enforcement Officers Standard Education (LEOSE) 11,271 86 398 10,958 Port O'Connor Community Center 27,786 Ii 1,979 5,360 24,404 Records Management - District Clerk 2,334 584 - 2,919 Records Managef!lent - County Clerk 64,328 14,718 3 79,043 . Records Management & Preservation 29,583 2,940 32.523 Road & Bridge General 954,137 100,604 1,054,741 Road & Bridge Precinct 3 12,885 101 - 12,986 RQad Maintenance Precinct 4 612 11 5 - 617 Sheriff Forfeited Property 1.209 9 - 1.218 Team Compatibility Fund - HAVA 9,851 9,851 Capital Projects - Courthouse Renovation 125,837 981 734 126,084 Capital Projects - New EMS Building 1,201,620 - 47,604 1,154,016 Capital Projects - New Jail Building 0 - 0 Capital Projects - OlivlaIPort Alto Fire Dept New Bultding 100,000 . 100,000 Capital Projects - ParklngLol 80,544 I' - - 80,544 Capital Projects - Pct. 2 - Storm Repairs. 17,796 - 17,796' Capital Projects - Road & Bridge Infrastructure 723,598 - 168,322 555,276 Capital Projects. Swan Point Park 74,720 - 74,720 Capital Projects - Airport Improvement II 74,415 61,353 13,062 Capital Projects - Airport Runway Improvements 60,000 60,000 Capital Projects - Emergency Communications System 137,791 137,791 c~pital Projects - Mold Remediation. 859 . II '- -- . 859 Capital Projects - Haterius Park boat Ramp - Storm Repair 33,148 . - 33,148 Capital Projects - Port Alto Public Beach - Storm Repair 30,385 . - 30,385 'Capital Projects - County Clerk's Records 2?,907 . 22,907 Capital Projects - District Clerk's Records 62,759 45,100 17,659 Capital Improvement Projects 0 - '0 Capital Projects - Rhodes Building 231,199 - 30,361 200,838 Elect!ons Contract Service 25,407 !~ 1,121 9.653 16,876 Fines and Court Costs Holding Furid 8.455 - - 8,455 Justice of the Peace Clearing 77,637. (11,019) 5,030 .61,588 Library Gift & Memorial 48,584 547 1,686 47,445. Mlsceltaneous Clearing 17,878 27,009 34,702 10,185 Boo! Camp/JJAEP 73.736 . 516 22,846 51,407 Juvenile Probation 157,378 65,899 77,994 145,283 Combination Hosp. Revenue & Tax Certificates of Obligation 319,292 . 4,175 316,222 7,245 Construction (Jalt) 465,512 2,769 0 468,281 Construction (Jail) Series 2003 - Interes! & Sinking 1,184,204 19.151 988;560 214.796 Cert Of Ob-Courthouse Ren. I&S Fund Series 2004 262,764 5,522 229,972 38,314 Memorial Medical Center - Operating 2,662,094 6,804,183 5,878,489 3.587,787 Memorial Medical Center - Memorial 18,748 80 0 18,828 Memorial Medical Center - Restricted Donalions 14,869 63 0 14,933 Memorial Medical Center. Indigent Healthcare 719,554 '502,103 1,072.763 148,894 Totals $31,038,157 $9,787,527 $12,545,743 $28,279,940 CALHOVN COUNTY TREASURER'S OFFICE STATEMENT OF BALANCES' , .' We the undersigned County Judge and Commissioners in and for Calhoun County, Texas her~by certify that we have made an examination of the County Treasure(s quarterly report, filed with us on this day and have found the same tb be correct and In due order. Michael J. Pfeifer, County Judge Neil E. Fritsch, Commissioner Pet 3 Roger Galvan, Commissioner Pet 1 Kenneth W. Finster, Commissioner Pet 4 Vern 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 2008. BEFORE ME. the undersigned authority. on this day personally appeared Rhonda S. Kokena, County Treasurer of Caihoun County says that the within and foregoing report is true and correct. ~Y)~6 ~ Rh nda S. Kokena, County Treasurer FILED FOR RECORD AND RECORDED THIS _ day of .2008 Anita Fricke; County Clerk I ,! ACCOUNTS ALLOWED - COUNTY: II, Claims totaling $2,096,493.14 were presentee by the County Treasurer and after reading and verifying same; a Motion was made by Com~issioner Galvan and seconded by Commissioner Lyssy that said claims be approved for payment. Commissioners Galvan, Lyssy, Fritsch, Finster and Judge Pfeifer all voted in favor. " " d ACCEPT DONATIONS TO THE CALHOUN :~OUNTY LIBRARY: A Motion was made by Judge Pfeifer and secbnded by Commissioner Fritsch to accept the ~f. following donations to the Calhoun County Library. Commissioners Galvan, Lyssy, Fritsch, 'I Finster and Judge Pfeifer all voted in favor. ': ..!. ,,;.'f 'i i.t~'!!'};~'f!~it~li~.~~~'~;~1#_~ .R'ok Calhoun County Public Library System (361) 552-7323 200 W. Mahan Port Lavaca, Thxas 77979 :).~ The following materials have been donated to the Calhoun County Public Library System during the months of July 2008 - October 2008 Books 829 books 5 books 1 book 9 books 12 books 15 books 9 books 1 book 52 books 8 books 22 books 4 books 1 book 6 books 33 books 2 books 1 book 15 books 1 book 20 books 56 books 1 book 4 books 6 books 1 book 54 books 6 books 55 books 1 book 36 books 2 books 16 books 2 books 12 books Donor Unknown Deborah Tamlin Barry Hunter Olga Bargas Tiffany Brantley Susan Riley Milly Lee Barbara Willoughby DaLissa Flisowski Dominga Yanez Gracie Rogers Caroline Miller The Kactus Patch Vina L. Crawley Liz Schmidt Louis Klusmeyer Mary Belle Meitzen Sonja Luxhoj George Smith Sylvia Bates Ramona Hughes Robert Pearce Methodist Church Susan Roberts Linda Wiggins Mr. Williams Billie Jennings Frank Silvas Jackie White Janice Duckett Barbara Willoughby Patty Stratton Frank Silvas Ann Cunningham 18 books 2 books 38 books 1 books 1 book 3 books 24 books 1 book 1 book 7 books 5 books 5 books 2 books 1 book 3 books 2 books 2 books 6 books 2 books 3 books 34 books 49 books Norma Stewart Noemi Cruz Milton Reder Elizabeth MutcWer Patti Fitzpatrick Lucy M. Dio Mae Belle Cassel Barbara Willoughby Barbara Burkett Anita Moore Fred Rhodes Lanyine Sajous Adriana Whitwell Kathy Hauer Mary York Vicky Rodriguez Carol Smith J.C. Brown Robert Babcock Kay Dillingham Barbara Bickman Charles & Mary Willoughby Paperbacks 1,053 paperbacks 2 paperbacks 2 paperbacks 7 paperbacks 4 paperbacks 1 paperback 47 paperbacks 19 paperbacks 10 paperbacks 2 paperbacks 9 paperbacks 13 paperbacks 9 paperbacks 2 paperbacks 1 paperback 3 paperbacks 1 paperback 2 paperbacks 5 paperbacks 40 paperbacks 2 paperbacks 4 paperbacks Unknown Linda Ward Fred Rhodes Ben Comiskey, Jr. Kay Dillingham Olga Bargas Dominga Yanez Millie Lee The Kactus Patch Diana Stanger Jackie White Patti Fitzpatrick Janet Maresh Lori Clark Antony Garcia Khaisa K Jai-Jagdesh Vicky Rodriguez Evelyn McMee Kathy Hauer Doris Wyman Curtis McNeman Albert Mayer, Sr. 4 paperbacks 5 paperbacks 24 paperbacks 2 paperbacks 4 paperbacks 13 paperbacks 1 paperback 8 paperbacks 10 paperbacks 18 paperbacks 138 paperbacks 2 paperbacks 4 paperbacks 4 paperbacks 1 paperback 1 paperback 3 paperbacks 101 paperbacks 4 paperbacks 7 paperbacks 2 paperbacks Sara Peavy Jack White Sonja Luxhoj Bob Babcock Carol Miller Charles & Mary Willoughby Glenda Dunlap Mary Moses Anna Hlavaty Lanyine Sajous Ramona Hughes Carol Smith Robert Pearce Mary Moses Mary York Mary Lou Valentine Kate Hauer Methodist Church Robert Babcock Jennifer Koenigs Robert Babcock Audios 4 audiobooks 33 audiobooks 17 audiobooks 1 audiobook 1 audiobook 2 audiobooks 4 audiobooks 2 audiobooks Unknown Bill Shively Mary Karlson Karen Lyssy Patricia Mendoza Kay Dillingham Big Read National Endowment Olga Bargas Musie CD 29 cd's 2 cd's Unknown DaLissa Flisowski CD-ROM 5 CD-Rom's 56 CD's Unknown National Endowment for the Arts Videos 61 videos 1 video 2 videos 8 videos 43 videos Unknown Glenda Dunlap DaLissa Flisowski Linda Johnson FBC Indianola 6 videos 11 videos 46 videos Janet Custer Sonja Luxhoj Pat Warren DVD's 7 DVD's 8 DVD's 8 DVD's IDVD IDVD Unknown Meri Lisa Scott National Endowment for the Arts Loretta Vaughan Janet Custer Mae:azines 104 magazines 1 magazine 14 magazines 4 magazines 76 magazines 18 magazines 5 magazines Unknown Gracie Rogers Raymond Negron J.C. Brown Robin Sikes Winford Simmons Barbara Burkett Other Panasonic model#PanaSync monitor S17 SIN FB6250642 HP Pavilion v90 model # P1350B monitor SIN TWTBV00077 Packard Bell model #1511SL monitor SIN GSMN433 02002 Packard Bell model #FDA-I021 SIN 940017015 Packard Bell keyboard model #FDA-1021 SIN 940017015 emachines keyboard model #KB-0108 SIN 1348203J04805997B HP Photosmart 1215 printer model #C8401A SIN MYOAL1409X Melody Criter Melody Criter Melody Criter Melody Criter Melody Criter Melody Criter Melody Criter DECLARE CERTAIN ITEMS OF PROPERTY AT THE CALHOUN COUNTY LIBRARY AS SURPLUS/SALVAGE: A Motion was made by Judge Pfeifer and seconded by Commissioner Fritsch to declare certain items of property at the Calhoun County Library as surplus/salvage. Commissioners Galvan, Lyssy, Fritsch, Finster and Judge Pfeifer all voted in favor, - ~ or " Calhoun County Public Library System (361) 552-7323 200 W. Mahan Port Lavaca, Texas 77979 April 2008 - October 2008 I would like the following items to be declared'S}.trrp:msi 2,937 Books 973 paperbacks 294 magazines 292 videos 2 DVD's 1 Audiobooks 87 Cd's 5 CD-ROM's 4 - chairs (wood w/arms - brownlbeige speckled cushion seat) 1 - Intenet Model #5308 keyboard SIN BD05013133 1 - IBM Wheelwriter3 typewriter SIN 013185011226 1 - Altec Lansing computer speaker subwoofer model #ACS340 SIN 93289CHW0363933 1 - Dell monitor model# E771p SIN MX-0419TG-47801-22M-CIH2 1 - " " " "SIN MX-0419TG-47801-22M-CIH3 2 - Wooden Video Stands with plastic racks 1 - Dell OptiPlex GX110 CPU Model #MMP SIN 2171F 1- Gateway E-4400 CPU SIN 002157524 1- Executive Machines EPS-1501X paper shredder SIN 051100479R 1 - Cisco 804 Ethernet 10 Base T router SIN JAB0411415S 1 - " " " """" SIN JAB0411415R 1- Linksys 2.4 GHz Ilmbps Wireless Network Access Point SIN G3120204147 1- " " " " " " " "SING3120204149 1 - HP Scanjet 4470c scanner SIN CN15TID2YF 1 - Texas Instrument TI-503311 calculator SIN 2-0490 1 - Canon P26-D calculator SIN 796918 1 - Panasonic model#PanaSync monitor S 17 SIN FB6250642 1 - HP Pavilion v90 model # P1350B monitor SIN TWTBV00077 1 - Packard Bell model #1511SLmonitor SIN GSMN43302002 1 - Packard Bell model #FDA-I021 SIN 940017015 1 - Packard Bell keyboard model #FDA-1021 SIN 940017015 1 - emachines keyboard model #KB-OI08 SIN 1348203104805997B 1 - HP Photosmart 1215 printer model #C8401A SIN MYOAL1409X 1 - HP LaserJet HIp printer model #HP33481A SIN 3129JA2WS5 1 - HP ScanJet 4200C scanner SIN TW96W13495GW 1 - HP ScanJet xpa scanner model #C9861A SIN CN138120B7 1 -" " " " " " SIN CN16111 lYD . ~ IT ~ .. I - Altec Lansing speaker system ACS340 speakers SIN 92709CHJ0004694 I - Juster speakers SIN YNJ8021907108 1 - D-link DE-809TC hub SIN AH77COl168 1 - HP Deskjet 3920 printer model #C9067A SIN CN6321K38B 1 - HP Deskjet 3520 model#C8994A SIN TH42L18212 1 - HP Scanjet 4470 scanner model #C9880A SIN CN16XID02N 1 - Magnavox model #CF4151 television SIN 500870 1 - HP Deskjet 940c printer model #C6431A SIN MX19Q6DONF 1 - Allied Telesyn International Switch model #CentreCOM FS724i SIN MOHB03011A Calhoun County Public Library System (361) 552-7323 200 W. Mahan Port Lavaca, Thxas 77979 April 2008 - October 2008 I would like the following items to be declared Salv'age< 52 books 26 paperbacks 16 magazines 15 DVD's 9 CD's 3 Videos 8 Audiobooks 2 - Demco P139-5024 Headphones 1 - Gateway model MOSXK mouse 1 - GE Cassette player 1 - Panasonic cassette player L .. . u. uu_ .__ I I: .,1 DECLARE ITEMS OF PROPERTY IN PRECINCT #3 AS SURPLUS/SALVAGE AND REMOVE FROM INVENTORY: Ii Ii I' A Motion was made Commissioner Fritsch and seconded by Commissioner Lyssy to declare items of property in Precinct #3 as Surplus/Salvage ~nd remove from Inventory. Commissioners Galvan, Lyssy, Fritsch, Finster and Judge Pfeifdr all voted in favor. II :i !) ( !~-...... r_~_.,....-.-".,~____. ----- ~-~ - -- - ~~ /. ~._-- I_~-~ --.----...~_.~-~.- ---=---------,.-~ .....,.,..,....~- --_.~~ ~~........_- .......,..--.-...- --------------.,.,..,. Susan Riley From: Sent: To: Cc: Subject: Susan, Neil Fritsch [neil. fritsch@calhouncotx.org] Monday, October 20, 2008 8:46 AM Susan Riley Vern Lyssy; ccpct1@cableone.net; Kenneth Finster Salvage/surplus Culverts Here is the list of cementculverts and their sizes that I will be putting in the Chamber auction, Does anyone wantany before we put them in the auction?? 10"- 8ea 12"- 45 ea 15"- 39 ea 18"- 76 ea 24"- 2 ea Neil E, Fritsch Commissioner Calhoun County, Precinct 3 24627 State Highway 172 Port Lavaca, TX77979 361-893-5346-Phone 361-893-5309-Fax 1 -", REINSTATE THE FOLLOWING ASSET UNDER THE BUILDING MAINTENANCE FIXED ASSETS, DNO 170. IT WAS ERRONEOUSLY DECLARED SURPLUS/SALVAGE ON 10/25/07. THIS ASSET IS CURRENTLY STILL IN USE: A Motion was made by Judge Pfeifer and seconded by Commissioner Fritsch to Reinstate the following Asset under the Building Maintenance Fixed Assets, DNO 170 which was erroneously declared Surplus/Salvage on 10-25-07 and the:Asset is currently still in use. Commissioners Galvan, Lyssy, Fritsch, Finster and Judge Pfeifer all voted in favor, CIlllllllllln1llll COUNn AUDITOR'S OFFIOE 201 W. AusnN-COUNTY CQURTHDUSE ANNEX 'ORlIAVACA, TEXAS 71919 1D.EPHDNE 13811 553..4613 fAXCIMIU (381) 55H814 E-MAI1AMY.RAWUNSON@eJ1HOUXC01X.DRIl MEMORANDUM MEMO TO: . MIKE PFEIFER, COUNTY JUDGE SUBJECT: AGENDA TTEM(S) DA TE: October 23, 2008 Please place the following item(s) on the Commission.ers Court agenda for the date(s) indicated: AGENDA FOR OCTOBER 23, 2008: . . · Consider and take necessary action to reinstate the following asset under the Building Maintenance Fixed Assets, DNO 170, it was erroneously declared surplus/salvage 10/25/07. This asset is currently still in use. 630-0009 Warehouse @ Fairgrounds Sincerely, Amy Rawlinson Assistant Auditor DECALRE CERTAIN ITEMS OF COUNTY PROPERTY AS SURPLUS/SALVAGE: A Motion was made by Judge Pfeifer and seconded by Commissioner Fritsch to Declare the following items of County Property as Surplus/Salvage. Commissioners Galvan, Lyssy, Fritsch, Finster and Judge Pfeifer all voted in favor, t! ..,l '", Susan Riley From: Sent: To: Subject: Attachments: Ruth McCraw [mrmccraw@ag.tamu.edu] Monday, October 20,20082:34 PM amy.rawlinson@calhouncotx.org; cindy.muellar@calhouncotx.org; Susan Riley surplusSalvage[1 ]11-08 surplusSalvage[1]11-08.pdf Dear All, Attached is the Surplus Salvage for Calhoun County Extension Office. Please submit before commissioners court, Thanks, Ruth McCraw Office Manager Calhoun County Texas AgriLife Extension Service Texas A&M University System 186 CR 101 - P.O. Box 86 Port Lavaca, TX 77979 361-552-9747 Office 361-552-6727 Fax mrmccraw@a9.tamu.edu 1 c 'Y Calhoun County, Texas SURPLUS/SALVAGE DECLARATION REQUEST FORM Department Name: 110 Extensio'R Requested By: Phoenix Rogers, CEA-AGNR Reason for Surplus/Salvage Declaration 665-0013 Wood, 3 sh ea 48X13X36 Minolta OMS Printer/Co ier Canon FaX/Phone B640 HP Desk'et 1000 C HP Photosmart 7450 HP Photosmart 7150 HP Deskjet 990Cse Wollensak 3M Cassette System Brother Intellifax 2820 Docubind P100 Zenith Camcorder Panisonic color/video monitor Gateway EV 700 CT1331 Gateway EV 700 Monitor Workcenter Copier M15/M15i 6 Secretarial Chairs 1 highback leather chair 1 leather chair 3 chairs Sur Ius Sur Ius Surplus Surplus Surplus Surplus Surplus Surplus Surplus Surplus Surplus Surplus Surplus Surplus Sur Ius Sur Ius Sur Ius Surplus Surplus Sur Ius Sur Ius Sur Ius Calhoun Cotinty, Texas SURPLUS/SALVAGE DECLARATION REQUEST FORM DepartmelltName: W\16lln Lmn~ ~p Requested By: y U (\ ~ tot :1 Reason for Surplus/Salvage Declaration !i ':1 BUDGET ADJUSTMENTS: A Motion was made by Commissioner Lyssy and seconded by Commissioner Fritsch that the following Budget Adjustments be approved. 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