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2014-07-24Regular July 2014 Term THE STATE OF TEXAS § COUNTY OF CALHOUN § Held July 24, 2014 BE IT REMEMBERED, that on this 24th day of July, A.D., 2014 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 Pfeifer County Judge Roger Galvan Commissioner, Precinct #1 Vern Lyssy Commissioner, Precinct #2 Neil Fritsch Commissioner, Precinct #3 Kenneth W. Finster Commissioner, Precinct #4 Farleigh Sutton Deputy Clerk Thereupon the following proceedings were had: Commissioner Galvan gave the Invocation and Commissioner Finster led the Pledge to the US Flag and Commissioner Fritsch led the Pledge to the Texas Flag. ELECTION JUDGES AND CLERKS SALARY INCREASE FROM $7.50 TO $8.50 PER HOUR: Dora Garcia stated that all her election judges and clerks are making $7.50 an hour on Election Day and early voting. She is requesting that it goes up to $8.50 an hour; it is in her budget and she is asking the Court to approve the increase in their pay. Commissioner Finster made a motion to approve Election Judges and Clerks salary increase from $7.50 to $8.50 per hour. Commissioner Fritsch seconded his motion. Commissioners Galvan, Lyssy, Fritsch, Finster and Judge Pfeifer all voted in favor. Election judges and clerks salary per hour from $7.50 an hour to $8.50 hour. D APPOINMENT/RE-APPOINTMENT OF ELECTION JUDGES AND ALTERNATES FOR TWO YEAR TERMS TO BEGIN ON SEPTEMBER 1, 2014 AND TO END ON AUGUST 31, 2016: Commissioner Fritsch made a motion to approve appointment/re-appointment of Election Judges and Alternates for two year terms to begin on September 1, 2014 and to end on August 31, 2016. Commissioner Lyssy seconded his motion. Commissioners Galvan, Lyssy, Fritsch, Finster and Judge Pfeifer all voted in favor. July 24, 2014 Commissioners Court 211 South Ann Street Port Lavaca TX 77979 Gentlemen: As per State of Texas, Secretary of State Election Advisory, the Democratic Party of the County of Calhoun submits the following persons for consideration by Commissioners Court for appointment and as Election Judges for the term September 1, 2014 through August 31, 2016, in those precincts where the candidate for the Democratic had the highest number of votes in the November 2010 General Election or Alternate Election Judge in those precincts where the Democratic Party candidate for governor did not carry the highest number of votes in the November 2010 General Election. Also, I am submitting herewith for your consideration and approval a list of members to be included as part of the Early Voting Ballot Board, Signature Verification Committee and Central Counting Station. Precinct #1: Calhoun Countv Libra Fanny Sanchez 1210 W. George, Port Lavaca 920.0797 Precinct #2: Old Roosevelt School Joe Mireles 913 W. Mahan, Port Lavaca 552.4518 Precinct #3: Bethel Assembly of God Church Sammy Lerma 325 S. Trinity. Port Lavaca, Texas 746.8848 Precinct #4: Heritage Building Lottie Hranicky 2218 Jackson, Port Lavaca 552.9260 Precinct #5; GBRA Patricia Canady 311 Willow Bend, Port Lavaca 827.6385 Precinct #6: First Baptist Church Indianola Phyllis Chastain 23 Springfield Avenue, Port Lavaca 552.4625 Precinct #7: Jackson Elementary School Patty Trevino 535 W. Main, Port Lavaca 676.2928 Precinct #$: Calhoun County Court House Annex Betty Hicks 315 S. Benavides, Port Lavaca 552.2488 Precincts 9/10 Travis Middle School Florian (Bob) Koliba 813 N. San Antonio, Port Lavaca 552.2407 Precinct #11: Salem Lutheran Church Cheryl Marwitz 409 Willowbend, Port Lavaca 552.2896 Precinct 412: Knights of Columbus Susie Daigle 495 Maxwell Lane, Pt. Lavaca 935.5812 Precinct #13: G. I. Forum Ellie Garcia 1018 Porter Rd., Pt. Lavaca 552.7642 Precinct 914: Grace Episcopal Church Martha Barefield 106 E. Alice Wilkins, Port Lavaca 552.5533, 482.9121 Precinct #15: City Hall Barbara Johnstone 117 E. Leona, Port Lavaca 920.8290 Precinct #16: Bauer Community Center Val Torres 217 Travis, Port Lavaca 551.0009, 652.8938 as of 8.28.13 Precinct #17: Bauer Community Center Benny Garcia 114 Holiday Lane, Port Lavaca 552.3342/676.3342 Precinct 918: Rick Brush Building, Point Comfort Mary Herrington 121 Lubbock (Box 524), Point Comfort 77978 987.2271 Precinct #19: Olivia -Port Alto Volunteer Fire Station Paul Michalik 1367 Co. Rd. 305, Port Lavaca 891.5339 Precinct 20/21:EMS Rose Marie Knobles 2856 South Hwy 238, Port Lavaca 552.3617 Precinct 22: Hatch Bend Country Club, Port Lavaca Delores Haverland 670 Matson Road, Port Lavaca 552.2231 Precinct 23: WCID #1 Office Emma Clay 2684 Farik Rd. (1502 Burkedale), Port Lavaca 552.3433/482.8875 Precinct 24: Seadrift City Hall Martha Madden 201 E. Toledo Street, Seadrift 77983 Precinct 25: Port O'Connor Fire Station Sherry Lambright 1201 Van Buren (Box 175), Port O'Connor 77982 983.2236/920.2236 Central Counting/Ballot Board/Signature Verification Board: Evelyn Burleson 210 Tilley, Port Lavaca 552.2791 Jim Munro Box 205, Port Lavaca 676.3414 Roger Martinez 1806 A1gee,Port Lavaca 281.701.8997 Should you have any questions, please let me know. spec®rAleson, y submitted, ynir Calhoun County Democratic Party 210 Tilley Street Port Lavaca TX 77979 552.2791 REPUBLICAN PARTY ELECTION JUDGES/CLERKS Pct 1 Rebecca Vaughn/Harley DeSoto 708 Hacjbery Bend 935-1404 Pct 2 Judy Torres/Daniel Chang 516 Bonorden 552-7592/746-0857 Pct 3 Lesa,Jure/Sherri McClellan 849 Royal Rd 552-4054/652-3856 Pct 4 Mary Watkins /Briley Roberts 2211 Larry Dr 972-9579 Pct 5 Deborah Riley+John Riley 18 La Lucia 552-2283/550-6792 Pct 6 Joy Platte + Margaret Torpey 56 Omaha 552-4618 Pct 7 Pct 8 Beth Woodall/ 114 Travis St 552-9429/920-1375 Pct 9 Kingsley Scott /Darbi Dowell & 10 1003 N. Benavides 582-6687 Pct 11 Janna Ralston/Debbie Davis 211 Oakglen Dr 552-3356 1 Pct 12 J.T. Kisiah/Patti Fitzpatrick 346 Bay Meadows Ln 935-5910 Pct 13 David Holford / 203 Bonham/ 218-8506 Pct 14 Jim Faulkner / Paula Donnely 1500 So Virginia St (210)413-7220 Pct 15 Lisa Peterson/Bridget McGill 24070 St Hwy 172 550-6987 Pct 16 Georgia Mikosh/Bessie Peterson 121 Del Mar Dr 552-6344/920-6844 Pct 17 Margaret Hilscher/Peggy Motl 506 Fairmont 552-3233 Pct 18 Nellie Hamilton/Kenyon Hamilton PO Box 109, Pt Comfort (987-2366) Pct 19 Russ Torguson/Barbara Torgusen 592 CR 311/ 746-5516 Pct 20 Janie Hawkins/Elise Moore &21 1705 Ocean Dr N. PO 1425 552-9735 Pct22 Nancy Nunley/2 1693 Sweetwater Rd 552-3587 Pct 23 Linda Emery/Patricia Ellis PO Box 285/Port O'Connor 746-8227 / E Pct 24 Sherry Gerking/Sherry Taylor/Darian PO Box 442 Bubenik Seadrift, TX 77983 Pct 25 Bill Moore/Karen Gordon/ 20 Bay St (PO 545), Port 0/Connor 983-4690 ORDER OF APPOINTMENT FOR ELECTION JUDGES AND ALTERNATES The Commissioners Court of Calhoun County do hereby appoint the following election judges and alternate judges for a two year term to begin on September 1, 2014 and expire on August, 31, 2016 County Judge i�az'�AJ dZ4 I Commissi ner, Pet. U Commissioner, Pc . 2 C Colot ssi ner, Nt.3 Commissioner, Pct 4 24627 Siaie Hwy. 172 -- Oliviu, Poo lmvcu Texas 77979 Office. (361) 89.1 5346 -- Fax (36'11 893-5309 Neil E. Fritsch, Commissioner, Pct. 3 Email: nniri�'iischC?mlhouneolx.orcJ July 16, 2014 To: Honorable Judge Michael Pfeifer From: Neil Fritsch Re: Agenda Item Please place the following item on the Commissioner's Court Agenda for July 24, 2014: "Consider and Take Necessary Action to approve Olivia/Port Alto VFF to appti,far M.G. and Lillie A. Johnson Foundation, Inc. grauf for a brush truck. " Respectfully, cc: Roger Galvan Vern Lyssy Kenneth Finster Susan Riley REQUEST BY OLIVIA/PORT ALTO VFD TO APPLY FOR M.G. AND LILLIE A. JOHNSON FOUNDATION, INC. GRANT IN THE AMOUNT OF $50,000 FOR A BRUSH TRUCK. Mr. Johnson with the Olivia/Port Alto VFD stated that their two grass trucks which are both 1997 models are starting to give them trouble. He is looking for grants to help try and replace them. He does have a grant applied for with the Forestry Service and hasn't received anything more than making the first cut. He has priced a diesel cab and chastity and it is around $43,340.00, he figures $50,000.00 is what he would ask for. Commissioner Fritsch made a motion to approve request by Olivia/Port Alto VFD to apply for M.G. and Lillie A. Johnson Foundation, Inc. grant in the amount of $50,000 for a brush truck. Commissioner Lyssy seconded his motion. Commissioners Galvan, Lyssy, Fritsch, Finster and Judge Pfeifer all voted in favor. Susan Riley From: Neil Fritsch <neil.fritsch@calhouncotx.org> Sent: Thursday, July 17. 2014 2:36 PM To: Susan Riley Cc: Janie Delgado Subject: FW: Commissioner's Count Agenda Item Sorry about that. Fingers don't work right sometimes Neil Neil E. Fritsch Commissioner Calhoun County, Precinct 3, and Past President, South Texas County Judges and Commissioners Association 24627 State Hwy 172 Port Lavaca, Texas 77979 361-893-5346- Office 361-893-5309-Fax neil.fritsch@calhouncotx.org From: Neil Fritsch[mailto:neil.fritsch@calhouncotx.org] Sent: Thursday, July 17, 2014 3:29 PM To: 'Susan Riley (361-550-9108)'; Judge Mike Pfeifer (mike.pfeifer@calhouncotx.org) Cc: Janie Delgado Subject: FW: Commissioner's Count Agenda Item Judge Pfeifer and Susan, The Olivia/Port Alto VFD will be applying for $50,000 from The M.G. & Lillie A. Johnson Foundation for a new brush truck. Any questions. Please ask. Thank you and have a great day!! Neil Nell E. Fritsch Commissioner Calhoun County, Precinct 3, and Past President, South Texas County Judges and Commissioners Association 24627 State Hwy 172 Port Lavaca, Texas 77979 361-893-5346- Office 361-893-5309-Fax neil.fr!tsch@calhouncotx.ora t Kenneth W. Finster County Commissioner County of Calhoun Precinct 4 July 15, 2014 Honorable Michael Pfeifer Calhoun County Judge 211 S. Ann Port Lavaca, TX 77979 RE: AGENDA ITEM Dear Judge Pfeifer: Please place the following item on the Commissioners' Court Agenda for July 24, 2014. • Consider and take necessary action on request to allow the Port O'Connor Chamber of Commerce to use King Fisher Beach Park on August 30, 2014 from 11:00 am to 7:00 p.m. for a Labor Day Beach Bash and consider The Chamber's request to sell alcohol during the event. If approved, authorize the County Judge to prepare a letter for TABC. Sincerely, 4Mvz! w J;+VA• Kenneth W. Finster KWF/at P.O. Box 177 — Seadrift. 'I'mm 77983 — email: kli(361) 785-3141 —Fax (361) 785-5602 REQUEST TO ALLOW PORT O'CONNOR CHAMBER OF COMMERCE TO USE KING FISHER BEACH PARK ON AUGUST 30, 2014 FROM 11:00 A.M. TO 7:00 P.M. FOR A LABOR DAY BEACH BASH AND CONSIDER THE CHAMBER'S REQUEST TO SELL ALCOHOL DURING THE EVENT. IF APPROVED, AUTHORIZE THE COUNTY JUDGE TO PREPARE A LETTER FOR TABC: Commissioner Galvan made a motion to allow Port O'Connor Chamber of Commerce to use King Fisher Beach Park on August 30, 2014 from 11:00 A.M. to 7:00 P.M. for a Labor Day Beach Bash and consider the Chamber's request to sell alcohol during the event, and authorize County Judge to prepare a letter for TABC. Commissioner Finster seconded his motion. Commissioners Galvan, Lyssy, Fritsch, Finster and Judge Pfeifer all voted in favor. PORT O'CONNOR CHAMBER OF COMMERCE P.O. BOX 701 PORT O'CONNOR, TEXAS 77982 WWW. PORTOCONNO RCHAMBER.ORC-r July 8, 2014 Calhoun County Commissioners Court Commissioner Kenny Finster, Precinct 4 211 S. Ann St. Port Lavaca, Texas 77979 Dear Commissioner Finster: The Port O'Connor Chamber of Commerce would like to request permission to use King Fisher Beach Park on August 30, 2014 for a Labor Day Beach Bash, to be held from 11 am to 7pm. The Chamber will be selling alcohol and will have insurance and permits in place per Texas State Laws. The Chamber will coordinate volunteers, set up, clean up and security for the event as well as work with Mr. Finster to meet all the County requirements. The Chamber plans to incorporate many activities for all ages, including food and craft vendors, live music, etc. Sincerely, /s/ Mary Jo Walker Mary Jo Walker Festival Co -coordinator Port O'Connor Chamber of Commerce SZ PT ¢ OFTP� MICHAEL J. PFEIFER Calhoun County Judge \ x of _—Ooo 211 S. Ann Street, Suite 301 - Port Lavaca, Texas 77979 (361) 553-4600 - Fax (361) 553-4444 - Email: mike.pfeifer@calhouncotx.org July 24, 2014 Texas Alcoholic Beverage Commission Victoria, Texas TO WHOM IT MAY CONCERN: RE: PORT O'CONNOR CHAMBER OF COMMERCE LABOR DAY BEACH BASH On July 24, 2014, Calhoun County Commissioners' Court heard and approved a request by the Port O'Connor Chamber of Commerce Beach Bash to sell alcohol at their Event. Port O'Connor Chamber of Commerce is authorized to hold a Temporary License - Special Three day Wine and Beer Permit for a Non -Profit Charitable Organization for the Labor Day Beach Bash to be held on August 30, 2014 from 11:00 a.m. to 7:00 p.m. at Kingfisher Beach and Park located at Highway 185 and Park Street in Port O'Connor, Texas 77982. Please do not hesitate to contact this office if you require any further information. Sincerely, N �q P k Michael J. Pfeifer Calhoun County Judge MJP/sr www.calhouncotx.org APPOINTMENT/RE-APPOINTMENT TO WESTSIDECALHOUN COUNTY NAVIGATION DISTRICT: Commissioner Finster made a motion to appoint Rayburn Haynie to Westside Calhoun County Navigation District. Commissioner Fritsch seconded his motion. Commissioners Galvan, Lyssy, Fritsch, Finster and Judge Pfeifer all voted in favor. Kenneth W. Finster County Commissioner County of Calhoun Precinct 4 July 21, 2014 Honorable Michael Pfeifer Calhoun County Judge 211 S. Ann Port Lavaca, TX 77979 RE: AGENDA ITEM Dear Judge Pfeifer: Please place the following item on the Commissioners' Court Agenda for July 24, 2014. • Discuss and take necessary action to make an appointment to the West Side Navigation District. Sincerely, Kenneth W.Finster KWF/at P.O. Box 177 — Seadrift, Texas 77983 — email: kfinster@calhouncotx.org -- (361) 785-3141 — Fax (361) 785-5602 West Side Calhoun County Navigation District And Development Corporation Long Mott, Texas Jack Campbell, Jr. P.O. Box 633 361/785-4111 Original appt: 6/00 Seadrift, Texas 77983 Term expires: 6/15 Teddy Hawes P.O. Box 393 361/983-2708 Original appt: 10/93 Port O'Connor, Texas 77982 Term expires: 6/15 Resigned 05-28-14 Accepted 06-05-14 Jayson Amason P.O. Box 866 361n85-5665 Original appt: 7/08 Seadrift TX 77983 Term expires: 6/16 Rayburn Haynie Original Appt. 07/14 Term expires 06/16 TEXAS DEPARTMENT OF STATE HEALTH SERVICES (DSHS) CONTRACT NO. 2015-000020-00 IN THE AMOUNT OF $30,041 TO ASSIST IN THE FUNDING THE SALARY AND FRINGE OF ONE PUBLIC HEALTH NURSE-LVN WORKING FOR CALHOUN COUNTY HEALTH DEPARTMENT AND AUTHORIZE DR. CATE TO SIGN ONE HARD COPY AND DIGITALLY SIGN CONTRACT: Commissioner Lyssy made a motion to approve Texas Department of State Health Services (DSHS) Contract No. 2015-000020-00 in the amount of $30,041 to assist in the funding the salary and fringe of one public health nurse-LVN working for Calhoun County Health Department and authorize Dr. Cate to sign one hard copy and digitally sign contract. Commissioner Fritsch seconded his motion. Commissioners Galvan, Lyssy, Fritsch, Finster and Judge Pfeifer all voted in favor. �{ Z,CALK,01UN COUNTY HEALT[ DEPARTRENT 117 W ASH ST Phone (361) 552-9721 PORT LAVACA, TX 77979-2912 Fax (361) 552-9722 Bain C. Cate, M. D., Medical Director July 17, 2014 Calhoun County Commissioners' Court Attn: Honorable Judge Mike Pfeifer 211 S ANN ST STE 301 PORT LAVACA TX 77979-4249 Judge Pfeifer, The Texas Department of State Health Services (DSHS) has forwarded, electronically, to Calhoun County Health Department (CCHD) Contract No. 2015-000020-00, labeled RLSS/LPHS RLSS/LOCAL PUBLIC HEALTH SYSTEM - PnP, along with the supporting documents. The contract activity period spans from September 01, 2014 through August 31, 2015. The contract award amount is $30,041, which is level funding when compared to the original FY 2014 funding. This RLSS-LOCAL PUBLIC HEALTH SYSTEM contract will assist in the funding the salary and fringe of one of the Public Health Nurse - LVNs working for CCHD. All of the attached documents are located in electronic format on the DSHS Contract Management and Procurement System website. These documents, if approved, will be signed as hard copies, so that there can be a record for the Calhoun County Clerk's Office. Upon notification of approval and signature of these documents, I plan to navigate the Contract Signatory pages as a designee of the County Judge, as was done last contract year, and complete the signature process. Within a few weeks of electronically signing the contract documents, the DSHS contract signatures will appear on the website, and I will notify the County Judge's Office when that occurs. In addition to the basic contract, there are 2 additional declarations to be signed. The Certificate regarding lobbying is not applicable to Calhoun County, but it still has to be signed. The Federal Funding Accountability and Transparency Act Certification has been filled out with the assistance of the Calhoun County Auditor's Office, and it must be signed by the County Judge as a part of the contract packet. Lastly, I have looked over the documents, and recommend them to Calhoun County Commissioners' Court for review, potential approval, and subsequent authorization for the County Judge to sign. Sincerely, i O Bain C. Cate, M.D. DEPARTMENT OF STATE HEALTH SERVICES CONTRACT 2015-000020-00 This Contract is entered into by and between the Department of State Health Services (DSHS or the Department), an agency of the State of Texas, and Calhoun County Health Department (Contractor), a Governmental, (collectively, the Parties) entity. 1. Purpose of the Contract: DSHS agrees to purchase, and Contractor agrees to provide, services or goods to the eligible populations. 2. Total Amount: The total amount of this Contract is $30,041.00. 3. Funding Obligation: This Contract is contingent upon the continued availability of funding. If funds become 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 09/01/2014 and ends on 08/31/2015. DSHS has the option, in its sole discretion, to renew the Contract. DSHS is not responsible for payment under this Contract before both parties have signed the Contract or before the start date of the Contract, whichever is later. 5. Authority: DSHS enters into this Contract under the authority of Health and Safety Code, Chapter 1001. 6. Program Name: RLSS/LPHS RLSS/Local Public Health System-PnP Page 1 of 13 7. Statement of Work: A. CONTRACTOR will work on continuing the local public health infrastructure within the counties identified in Section II by: 1. Developing objective(s) to address a public health issue; 2. Utilizing resources provided through this contract Attachment to conduct activities outlined in the Exhibit A and services that provide or support the delivery of essential public health services; 3. Assessing, monitoring, and evaluating the essential public health activities and services provided through this Program Attachment; and 4. Developing strategies to improve the delivery of essential public health service(s) to identified service area. These tasks shall be performed in accordance with Department of State Health Services (DSHS) Division for Regional and Local Health Services Inter -local Application. The assessment and/or evaluation activities must include measurable standards. Acceptable standards include the National Public Health Performance Standards approved by the Centers for Disease Control and Prevention, Healthy People 2020 related goals and objectives, DSHS Programmatic grant guidance and performance standards relative to the contractors identified scope of work, as well as any federal, state or local law or regulation governing the delivery of essential public health services. Other evaluation methods utilizing standards not listed in this Program Attachment must be pre -approved by DSHS. B. CONTRACTOR will perform activities required under this program attachment in the service area designated in the most recent version of Section 8, "Service Area" of this contract." C. CONTRACTOR will comply with all applicable federal and state laws, rules, regulations and standards including, but not limited to, the following: 1. Chapter 23-11 of the Healthy People 2020; 2. Section 121.002, Texas Health & Safety Code, definition of ten essential public health services; 3. Government Code, Section 403.1055, "Permanent Fund for Children and Public Health". D. CONTRACTOR will not use funds from the Permanent Fund for Children and Public Health for lobbying expenses under the Government Code, Section 403.1067. E. CONTRACTOR will comply with all applicable regulations, standards, and guidelines in effect on the beginning date of this Program Attachment. F. DSHS will inform CONTRACTOR in writing of any changes to applicable federal and state laws, rules, regulations, standards and guidelines. CONTRACTOR shall comply with the amended law, rule, regulation, standard or guideline except that CONTRACTOR shall inform DSHS Program in writing if it shall not continue performance under this contract Attachment within thirty (30) days of receipt of an amended standard(s) or guideline(s). DSHS may terminate the Program Attachment immediately or within a reasonable period of time as determined by DSHS. G. DSHS reserves the right, where allowed by legal authority, to redirect funds in the event of financial shortfalls. DSHS will monitor Contractor's expenditures on a quarterly basis. If expenditures are below that projected in Contractor's total Contract amount, Contractor's budget may be subject to a decrease for the Page 2 of 13 remainder of the Contract term. Vacant positions existing after ninety (90) days may result in a decrease in funds. PERFORMANCE MEASURES: A. CONTRACTOR will complete the PERFORMANCE MEASURES as stated in the CONTRACTOR'S FY15 Local Public Health Service (LPHS) Service Delivery Plan, and as agreed upon by DSHS, hereby attached as Exhibit A. B. CONTRACTOR will provide activities and services as submitted by CONTRACTOR in the following county (ies)/area: BILLING INSTRUCTIONS: Contractor shall request payment using the State of Texas Purchase Voucher (Form B-13) and acceptable supporting documentation for reimbursement of the required services/deliverables. Vouchers and supporting documentation should be mailed OR submitted by fax OR electronic mail to the addresses/number below. Claims Processing Unit, MC 1940 Department of State Health Services 1100 West 49th Street P.O. Box 149347 Austin, TX 78714-9347 FAX #: (512) 776-7442 Email: invoices@dshs.state.tx.us Page 3 of 13 8. Service Area Calhoun County Page 4 of 13 This section intentionally left blank. Page 5 of 13 10. Procurement method: Non -Competitive I nteragency/I nterlocal GST-2012-Solicitation-00025 RLHS GOLIVE LPHS PROPOSAL 11. Renewals: Number of Renewals Remaining: 0 Date Renewals Expire: 08/31/2015 12. Payment Method: Cost Reimbursement 13. Source of Funds: State, State 14. DUNS Number: 087309324 Page 6 of 13 15. Programmatic Reporting Requirements: Report Name Frequency Period Begin Period End Due Date Project Service Delivi Quarterly 09/01/2014 11/30/2014 12/31/2014 Project Service Deliv, Quarterly 12/01/2014 02/28/2015 03/31/2015 Project Service Delivt Quarterly 03/01/2015 05/31/2015 06/30/2015 Project Service Delivi Quarterly 06/01/2015 08/31/2015 09/30/2015 Financial Status Repi Quarterly 09/01/2014 11/30/2014 12/31/2014 Financial Status Rep, Quarterly 12/01/2014 02/28/2015 03/31/2015 Financial Status Repi Quarterly 03/01/2015 05/31/2015 06/30/2015 Financial Status Repi Quarterly 06/01/2015 08/31/2015 10/15/2015 Submission Instructions: Contractor shall submit Project Service Delivery Plan (Exhibit A) report on a quarterly basis, as noted on the Exhibit A, to the contract manager by the end of the month following the end of each quarter. Submit to: LocalPHTeam@dshs.state.tx.us ; Fax #: 512/7769347. Contractor shall submit quarterly FSRs to Fiscal -Claims Processing Unit by the last business day of the month following the end of each quarter. Contractor shall submit the final FSR no later than 45 calendar days following the end of the applicable term. Submit to: invoices@dshs.state.tx.us ; Fax #: 512/776-7442. Page 7 of 13 16. Special Provisions SPECIAL PROVISIONS: General Provisions, ARTICLE II COMPLIANCE AND REPORTING, Section 2.03 Reporting, are revised to include the following paragraph: CONTRACTOR will submit quarterly and final performance reports that describe progress toward achieving the objectives contained in approved Contractor's Service Delivery Plan and any written revisions. Contractor will submit the performance reports by the end of the month following the end of each quarter, in a format to be provided by DSHS. Failure to submit a required report of additional requested information by the due date specified in the Program Attachment (s) or upon request constitutes breach of contract, may result in delay payment, and may adversely affect evaluation of Contractor's future contracting opportunities with the department. Programmatic Reporting Submission Requirements: Reports and Report signature page should be sent electronically to: Local PHTeam@dshs.state.tx.us, or the signature page can sent by facsimile to 512-776-7391. A copy of the report should be sent to the respective DSHS Health Service Region, Attention: Deputy Regional Director. See Programmatic Reporting Requirements section for required reports. General Provisions, ARTICLE III SERVICES, Section 3.02 Disaster Services, is revised to include the following: In the event of a local, state, or federal emergency the Contractor has the authority to utilize approximately 5% of staffs time supporting this Program Attachment for response efforts. DSHS will reimburse Contractor up to 5% of this Program Attachment funded by Center for Disease Control and Prevention (CDC) for personnel costs responding to an emergency event. Contractor will maintain records to document the time spent on response efforts for auditing purposes. Allowable activities also include participation of drills and exercises in the pre -event time period. Contractor will notify the Assigned Contract Manager in writing when this provision is implemented. General Provisions, ARTICLE XIV GENERAL BUSINESS OPERATIONS OF CONTRACTOR, Section 14.01 Responsibilities and Restrictions Concerning Governing Board, Officers and Employees, is not applicable to this program Attachment. General Provisions, ARTICLE XIV GENERAL BUSINESS OPERATIONS OF CONTRACTOR, Section 14.20 Equipment (Including Controlled Assets) Purchases, is revised to include the following: For the purpose of this Program Attachment, equipment is not approved as part of the base budget for LPHS. The funds are for direct services. Although, at mid -year of the contract term, if funds are identified as not being used, the funds may be used to purchase equipment in the 3rd quarter of the contract or program attachment term. Contractor must submit proposal to redirect funds with justification as to how the equipment helps achieve the goals, objectives, and deliverables outlined in Exhibit A (Project Service Delivery Plan). The proposal must be submitted to the contract manager assigned to the program attachment. Page 8 of 13 General Provisions, ARTICLE XV GENERAL TERMS, Section 15.15 Amendment, is amended to include the following: Contractor must submit all amendment and revision requests electronically through the Contract Management and Procurement System (CMPS) at least 90 days prior to the end of the term of this Program Attachment. Page 9 of 13 17. Documents Forming Contract. The Contract consists of the following: a. Contract (this document) 2015-000020-00 b. General Provisions Subrecipient General Provisions c. Attachments Budgets d. Declarations Certification Regarding Lobbying, Fiscal Federal Funding Accountability and Transparency Act (FFATA) Certification e. Exhibits Project Service Delivery Plan Any changes made to the Contract, whether by edit or attachment, do not form part of the Contract unless expressly agreed to in writing by DSHS and Contractor and incorporated herein. 18. Conflicting Terms. In the event of conflicting terms among the documents forming this Contract, the order of control is first the Contract, then the General Provisions, then the Solicitation Document, if any, and then Contractor's response to the Solicitation Document, if any. 19. Payee. The Parties agree that the following payee is entitled to receive payment for services rendered by Contractor or goods received under this Contract: Name: Calhoun County Treasurer Vendor Identification Number: 17460019239 20. Entire Agreement. The Parties acknowledge that this Contract is the entire agreement of the Parties and that there are no agreements or understandings, written or oral, between them with respect to the subject matter of this Contract, other than as set forth in this Contract. I certify that I am authorized to sign this document and I have read and agree to all parts of the contract, Department of State Health Services By: Signature of Authorized Official Date Name and Title 1100 West 49th Street Address Austin, TX 787-4204 City, State, Zip Telephone Number E-mail Address Calhoun County Health Department By: e Signature of Authorized Official Date () 7l;,Fl 7 r Name and Title Address City, State, Zip Telephone Number E-mail Address Page 10 of 13 Budget Summary Organization Name: Contract Number: Budget Categories Calhoun County Health Department 2015-000020-00 Program ID: RLSS/LPHS Budget Categories DSHS Funds Requested Cash Match In Kind Match Contributions Category Total Personnel $30,041.00 $0.00 $0.00 $30,041.00 Fringe Benefits $0.00 $0.00 $0.00 $0.00 Travel $0.00 $0.00 $0.00 $0.00 Equipment $0.00 $0.00 $0.00 $0.00 Supplies $0.00 $0.00 $0.00 $0.00 Contractual $0.00 $0.00 $0.00 $0.00 Other $0.00 $0.00 $0.00 $0.00 Total Direct Costs $30,041.00 $0.00 $0.00 $30,041.00 Indirect Costs $0.00 $0.00 $0.00 $0.00 Totals $30,041.00 $0.00 $0.00 $30,041.00 Page 11 of 13 Project Service Delivery Plan Organization Name: Calhoun County Health Department Contract Number: 2015-000020-00 Program ID: RLSS/LPHS Contract Term: 09/01/2014 - 08/31/2015 Program Name: RLSS/Local Public Health System -Pi Exhibit A: Local Health Department: Calhoun County Health Department Contract Term: September 1, 2014 through August 31, 2015 Indicate in this plan how requested Local Public Health Services (LPHS) contract funds will be used to address a public health issue through essential public health services. The plan should include a brief description of the public health issue(s) or public health program to be addressed by LPHS funded staff, and measurable objective(s) and activities for addressing the issue. List only public health issues/programs, objectives and activities conducted and supported by LPHS funded staff. List at least one objective and subsequent required information for each public health issue or public health program that will be addressed with these contract funds. The plan must also describe a clear method for evaluating the services that will be provided, including identification of a specific evaluation standard, as well as recommendations or plans for improving essential public health services delivery based on the results of the evaluation. Complete the table below for each public health issue or public health program addressed by LPHS funded staff. (Make additional copies of the table as needed) Public Health Issue: Briefly describe the public health issue to be addressed. Number issues if more than one issue will be addressed. 1. Tuberculosis Control activities for Calhoun County. Essential Public Health Service(s): List the EPHS(s) that will be provided or supported with LPHS Contract funds 1. Diagnose and investigate community health problems and community health hazards (EPHS #2). Objective(s): List at least one measurable objective to be achieved with resources funded through this contract. Number all objectives to match issue being addressed. Ex: 1.1, 1.2, 2.1, 2.2, etc.) 1. Maintain comprehensive Tuberculosis investigation and treatment for all classifications of patients in Calhoun County. Performance Measure: List the performance measure that will be used to determine if the objective has been met. List a performance measure for each objective listed above. 1. Provide 100% Directly Observed Therapy (DOT) to all adult Tuberculosis cases, and perform 100% of contact investigations of Tuberculosis cases. Activities: List the activities conducted to meet the proposed objective. Use numbering system to designate match between issues/programs and objectives. 1.1. Maintain simple procedures for DOT at Calhoun County Health Department, in patient's homes, and with other community health partners, i.e., hospitals, school nurses, etc... 1.2. Perform full contact investigation when a Tuberculosis case is identified. Page 12 of 13 Evaluation and Improvement Plan: List the standard and describe how it is used to evaluate the activities conducted. This can be a local, state or federal guideline. 1.1. DSHS Tuberculosis Control Guidelines, which are continually updated, will be utilized for all activities of the Tuberculosis Control Program, specifically in utilizing DOT guidelines. 1.2. DSHS Tuberculosis Control Guidelines, which are continually updated, will be utilized for all activities of the Tuberculosis Control Program, specifically in performing contact investigations for Tuberculosis cases. Deliverable: Describe the tangible evidence that the activity was completed. 1.1. Reports of DOT activity are to be reported at least quarterly, including the forms sent to DSHS concerning these activities. 1.2. Reports of contact investigation activity are to be reported at least quarterly. Page 13 of 13 Fiscal Year 2015 Department of State Health Services Contract General Provisions (Core/Subrecipient) Contents ARTICLE I CONTRACT COMPONENTS; ORDER OF PRECEDENCE ............................5 Section1.01 Contract Components...........................................................................................5 Section1.02 Order of Precedence.............................................................................................5 ARTICLE II COMPLIANCE AND REPORTING .......................................... Section 2.01 Compliance with General Provisions, Statutes and Rules................................5 Section 2.02 Compliance with Requirements of Solicitation Document...............................5 Section2.03 Reporting...............................................................................................................6 Section 2.04 Client Financial Eligibility...................................................................................6 Section 2.05 Applicable Contracts Law and Venue for Disputes...........................................6 Section 2.06 Applicable Laws and Regulations Regarding Funding Sources......................6 Section 2.07 Statutes and Standards of General Applicability..............................................6 Section 2.08 Applicability of General Provisions to Interagency and Interlocal Contracts. Section 2.09 Civil Rights Policies and Complaints..................................................................9 Section 2.10 Licenses, Certifications, Permits, Registrations and Approvals .......................9 Section 2.11 Funding Obligation.............................................................................................10 Section 2.12 Whistleblower Protection...................................................................................10 Section 2.13 Federal Assistance Identification Number.......................................................10 ARTICLEIII S ERVICES..............................................................................................................10 Section 3.01 Education to Persons in Residential Facilities..................................................10 Section3.02 Disaster Services..................................................................................................10 Section3.03 Consent to Medical Care of a Minor.................................................................11 Section3.04 Telemedicine Medical Services..........................................................................11 Section 3.05 Fees for Personal Health Services.....................................................................11 Section 3.06 Cost Effective Purchasing of Medications........................................................11 Section 3.07 Services and Information for Persons with Limited English Proficiency.....12 ARTICLEIV FUNDING................................................................................................................12 Section 4.01 Debt to State and Corporate Status..................................................................12 Section 4.02 Application of Payment Due..............................................................................12 Section 4.03 Use of Funds........................................................................................................12 Section 4.04 Use for Match Prohibited...................................................................................12 Section 4.05 Program Income..................................................................................................13 Section4.06 Nonsupplanting...................................................................................................13 ARTICLE V PAYMENT METHODS AND RESTRICTIONS 13 Section 5.01 Payment Methods................................................................................................13 Section5.02 Billing Submission...............................................................................................13 General Provisions (Core Subrecipient) 2015 (Month Day, Year) Section 5.03 Final Billing Submission.....................................................................................14 Section5.04 Working Capital Advance..................................................................................14 Section 5.05 Financial Status Reports(FSRs)........................................................................14 Section 5.06 Third Party Payors.............................................................................................14 ARTICLE VI TERMS AND CONDITIONS OF PAYMENT....................................................15 Section6.01 Prompt Payment.................................................................................................15 Section 6.02 Department Review............................................................................................15 Section6.03 Withholding Payments.......................................................................................15 Section 6.04 Condition Precedent to Requesting Payment...................................................15 Section 6.05 Acceptance as Payment in Full..........................................................................15 ARTICLE VII ALLOWABLE COSTS AND AUDIT REQUIREMENTS .............................16 Section7.01 Allowable Costs...................................................................................................16 Section 7.02 Independent Single or Program -Specific Audit...............................................17 Section 7.03 Submission of Audit............................................................................................17 ARTICLEVIII CONFIDENTIALITY........................................................................................18 Section 8.01 Maintenance of Confidentiality ...........................................................................18 Section 8.02 Department Access to PHI and Other Confidential Information.................18 Section 8.03 Exchange of Client -Identifying Information....................................................18 Section 8.04 Security of Patient or Client Records................................................................18 Section 8.05 HIV/AIDS Model Workplace Guidelines.........................................................19 Section9.01 Texas Public Information Act............................................................................19 ARTICLEX RECORDS RETENTION......................................................................................19 Section 10.01 Retention..............................................................................................................19 ARTICLE XI ACCESS, INSPECTION AND AUDIT OF RECORDS................................19 Section11.01 Access and Inspection.........................................................................................19 Section 11.02 State Auditor's Office.........................................................................................20 Section 11.03 Responding to Deficiencies.................................................................................20 Section 12.01 Child Abuse Reporting Requirement................................................................20 Section 12.02 Significant Incidents...........................................................................................21 Section 12.03 Litigation..............................................................................................................21 Section 12.04 Contract or License Action Against the Contractor........................................21 Section 12.05 Insolvency............................................................................................................21 Section 12.06 Misuse of Funds and Performance Malfeasance..............................................22 Section 12.07 Criminal Activity and Disciplinary Action.......................................................22 Section 12.08 Retaliation Prohibited........................................................................................22 Section 12.09 Documentation....................................................................................................23 ARTICLE XIII ASSURANCES AND CERTIFICATIONS......................................................23 Section 13.01 Certification.........................................................................................................23 Section 13.02 Child Support Delinquencies .............................................................................24 Section 13.03 Authorization.......................................................................................................24 Section 13.04 Gifts and Benefits Prohibited.............................................................................24 Section 13.05 Ineligibility to Receive the Contract..................................................................24 General Provisions (Core Subrecipient) 2015 (Month Day, Year) Section 13.06 Antitrust...............................................................................................................25 Section 13.07 Initiation and Completion of Work...................................................................25 ARTICLE XIV GENERAL BUSINESS OPERATIONS OF CONTRACTOR .......................25 Section 14.01 Responsibilities and Restrictions Concerning Governing Body, Officers and Employees. 25 Section 14.02 Management and Control Systems....................................................................25 Section 14.03 Insurance.............................................................................................................26 Section 14.04 Fidelity Bond.......................................................................................................26 Section 14.05 Liability Coverage...............................................................................................26 Section 14.06 Overtime Compensation.....................................................................................27 Section 14.07 Program Site........................................................................................................27 Section 14.08 Cost Allocation Plan...........................................................................................27 Section14.09 No Endorsement..................................................................................................27 Section 14.10 Historically Underutilized Businesses(HUBs).................................................28 Section14.11 Buy Texas.............................................................................................................28 Section 14.12 Contracts with Subrecipient and Vendor Subcontractors..............................28 Section14.13 Status of Subcontractors....................................................................................29 Section 14.14 Incorporation of Terms in Subrecipient Subcontracts....................................29 Section 14.15 Independent Contractor.....................................................................................29 Section 14.16 Authority to Bind................................................................................................30 Section14.17 Tax Liability........................................................................................................30 Section 14.18 Notice of Organizational Change......................................................................30 Section 14.19 Quality Management..........................................................................................30 Section 14.20 Equipment...........................................................................................................30 Section14.21 Supplies................................................................................................................30 Section 14.22 Changes to Equipment List................................................................................31 Section 14.23 Property Inventory and Protection of Assets...................................................31 Section14.24 Bankruptcy..........................................................................................................31 Section 14.25 Title to Property..................................................................................................31 Section 14.26 Property Acquisitions.........................................................................................32 Section 14.27 Disposition of Property.......................................................................................32 Section 14.28 Closeout of Equipment.......................................................................................32 Section 14.29 Assets as Collateral Prohibited..........................................................................32 ARTICLEXV GENERAL TERMS............................................................................................32 Section 15.01 Assignment...........................................................................................................32 Section 15.02 Lobbying..............................................................................................................33 Section15.03 Conflict of Interest..............................................................................................33 Section 15.04 Transactions Between Related Parties..............................................................34 Section15.05 Intellectual Property...........................................................................................34 Section15.06 Other Intangible Property.................................................................................35 Section 15.07 Severability and Ambiguity...............................................................................35 Section15.08 Legal Notice. A...................................................................................................35 Section15.09 Successors............................................................................................................35 Section15.10 Headings...............................................................................................................36 Section 15.11 Parties...................................................................................................................36 General Provisions (Core Subrecipient) 2015 (Month Day, Year) Section 15.12 Survivability of Terms........................................................................................36 Section15.13 Direct Operation.................................................................................................36 Section 15.14 Customer Service Information..........................................................................36 Section 15.15 Amendment.........................................................................................................36 Section 15.16 Contractor's Notification of Change to Certain Contract Provisions . .......... 37 Section 15.17 Contractor's Request for Revision of Certain Contract Provisions..............37 Section 15.18 Immunity Not Waived........................................................................................38 Section 15.19 Hold Harmless and Indemnification.................................................................38 Section15.20 Waiver..................................................................................................................38 Section 15.21 Electronic and Information Resources Accessibility and Security Standards. 38 Section 15.22 Force Majeure.....................................................................................................40 Section15.23 Interim Contracts................................................................................................40 Section 15.24 Cooperation and Communication.....................................................................41 ARTICLE XVI BREACH OF CONTRACT AND REMEDIES FOR NON-COMPLIANCE 41 Section 16.03 Notice of Remedies or Sanctions........................................................................42 Section 16.04 Emergency Action...............................................................................................42 ARTICLE XVII CLAIMS AGAINST THE DEPARTMENT....................................................43 Section 17.01 Breach of Contract Claim..................................................................................43 Section 17.02 Notice....................................................................................................................43 Section 17.03 Sole Remedy........................................................................................................43 Section 17.04 Condition Precedent to Suit...............................................................................43 Section 17.05 Performance Not Suspended..............................................................................43 ARTICLE XVIII TERMINATION AND TEMPORARY SUSPENSION.................................44 Section 18.01 Expiration of Contract or Program Attachment(s).........................................44 Section 18.02 Effect of Termination.........................................................................................44 Section 18.03 Acts Not Constituting Termination...................................................................44 Section 18.04 Termination or Temporary Suspension Without Cause.................................44 Section 18.05 Termination For Cause......................................................................................45 Section 18.06 Notice of Termination.........................................................................................46 ARTICLE XIX VOID, SUSPENDED, AND TERMINATED CONTRACTS .........................46 Section 19.01 Void Contracts.....................................................................................................46 Section 19.02 Effect of Void, Suspended, or Involuntarily Terminated Contract...............46 Section 19.03 Appeals Rights.....................................................................................................47 ARTICLEXX CLOSEOUT........................................................................................................47 Section 20.01 Cessation of Services At Closeout......................................................................47 Section20.02 Administrative Offset.........................................................................................47 Section 20.03 Deadline for Closeout.........................................................................................47 Section 20.04 Payment of Refunds............................................................................................47 Section 20.05 Disallowances and Adjustments........................................................................48 General Provisions (Core Subrecipient) 2015 (Month Day, Year) ARTICLE I CONTRACT COMPONENTS; ORDER OF PRECEDENCE Section 1.01 Contract Components. As used in herein, the "Contract" consists of the following documents: a) the Core Contract and the Program Attachment(s) or statements of work, including all attachments, b) addenda or amendments thereto and these General Provisions; c) the solicitation document, including all attachments, addenda or amendments thereto; and d) the response, proposal or application submitted by Contractor in response to the solicitation document. Section 1.02 Order of Precedence. To the extent that there is any conflict between the terms of any contract component document, the conflict will be resolved in the above order of priority. ARTICLE H COMPLIANCE AND REPORTING Section 2.01 Compliance with General Provisions, Statutes and Rules. Contractor shall comply, and shall require its subcontractor(s) to comply, with these General Provisions, the requirements of the Department's rules of general applicability and other applicable state and federal statutes, regulations, rules, and executive orders, as such statutes, regulations, rules, and executive orders currently exist and as they may be lawfully amended. The Department rules are located in the Texas Administrative Code, Title 25 (Rules). To the extent this Contract imposes a higher standard, or additional requirements beyond those required by applicable statutes, regulations, rules or executive orders, the terms of this Contract will control. Contractor further agrees that, upon notification from DSHS, Contractor shall comply with the terms of any contract provisions DSHS is required to include in its contracts under legislation effective at the time of the effective date of this Contract or during the term of this Contract. Section 2.02 Compliance with Requirements of Solicitation Document. Except as specified in these General Provisions or the Program Attachment(s), Contractor shall comply with the requirements, eligibility conditions, assurances, certifications and program requirements of the Solicitation Document, if any, (including any revised or additional terms agreed to in writing by Contractor and DSHS prior to execution of this Contract) for the duration of this Contract or any subsequent renewals. The Parties agree that the Department has relied upon Contractor's response to the Solicitation Document. The Parties agree that any misrepresentation contained in Contractor's response to the Solicitation Document constitutes a breach of this Contract. General Provisions (Core Subrecipient) 2015 (Month Day, Year) Section 2.03 Reporting. Contractor shall submit reports in accordance with the reporting requirements established by the Department and shall provide any other information requested by the Department in the format required by DSHS. Failure to submit any required report or additional requested information by the due date specified in the Program Attachment(s) or upon request constitutes a breach of contract, may result in delayed payment and/or the imposition of sanctions and remedies, and, if appropriate, emergency action; and may adversely affect evaluation of Contractor's future contracting opportunities with the Department. Section 2.04 Client Financial Eligibility. Where applicable, Contractor shall use financial eligibility criteria, financial assessment procedures and standards developed by the Department to determine client eligibility. Section 2.05 Applicable Contracts Law and Venue for Disputes. Regarding all issues related to contract formation, performance, interpretation, and any issues that may arise in any dispute between the Parties, this Contract will be governed by, and construed in accordance with, the laws of the State of Texas. In the event of a dispute between the Parties, venue for any suit will be Travis County, Texas. Section 2.06 Applicable Laws and Regulations Regarding Funding Sources. Where applicable, federal statutes and regulations, including federal grant requirements applicable to funding sources, will apply to this Contract. Contractor agrees to comply with applicable laws, executive orders, regulations and policies, as well as Office of Management and Budget (OMB) Circulars (as codified in Title 2 of the Code of Federal Regulations), the Uniform Grant and Contract Management Act of 1981 (UGMA), Tex. Gov. Code Chapter 783, and Uniform Grant Management Standards (UGMS), as revised by federal circulars and incorporated in UGMS by the Comptroller of Public Accounts, Texas Procurement and Support Services Division. UGMA and UGMS can be located through web links on the DSHS website at littp://www.dslis.state.tx.tis/contracts/links.slitm. 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, and the U.S. Health and Human Services Grants Policy Statement, both of which may be located through web links on the DSHS website at littp://www.dslis.state.tx.tis/contt--,tcts/Iiiiks.shtm. For contracts funded by block grants, Contractor shall comply with Tex. Gov. Code Chapter 2105. Section 2.07 Statutes and Standards of General Applicability. Contractor is responsible for reviewing and complying with all applicable statutes, rules, regulations, executive orders and policies. To the extent applicable to Contractor, Contractor shall comply with the following: a) the following statutes, rules, regulations, and DSHS policy (and any of their subsequent amendments) that collectively prohibit discrimination, exclusion from or limitation of participation in programs, benefits or activities or denial of any aid, care, service or other benefit on the basis of race, color, national origin, limited English proficiency, sex, sexual orientation (where applicable), disabilities, age, substance abuse, political belief or religion: 1) General Provisions (Core Subrecipient) 2015 (Month Day, Year) 6 Title VI of the Civil Rights Act of 1964, 42 USC §§2000d et seq.; 2) Title IX of the Education Amendments of 1972, 20 USC §§ 1681-1683, and 1685-1686; 3) Section 504 of the Rehabilitation Act of 1973, 29 USC § 794(a); 4) the Americans with Disabilities Act of 1990, 42 USC §§12101 et seq.; 5) Age Discrimination Act of 1975, 42 USC §§ 6101-6107; 6) Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970, 42 USC § 290dd (b)(1); 7) 45 CFR Parts 80, 84, 86 and 91; 8) U.S. Department of Labor, Equal Employment Opportunity E.O. 11246; 9) Tex. Lab. Code Chapter 21; 10) Food Stamp Act of 1977 (7 USC § 200 et seq.; 11) Executive Order 13279, 45 CFR Part 87 or 7 CFR Part 16 regarding equal treatment and opportunity for religious organizations; 12) Drug Abuse Office and Treatment Act of 1972, 21 USC §§ 1101 et seq., relating to drug abuse; 13) Public Health Service Act of 1912, §§523 and 527, 42 USC § 290dd-2, and 42 CFR Part 2, relating to confidentiality of alcohol and drug abuse patient records; 14) Title VIII of the Civil Rights Act of 1968, 42 USC §§ 3601 et seq., relating to nondiscrimination in housing; and 15) DSHS Policy AA-5018, Non- discrimination Policy for DSHS Programs; b) Immigration Reform and Control Act of 1986, 8 USC § 1324a, and Immigration Act of 1990, 8 USC 1101 et seq., regarding employment verification; and Illegal Immigration Reform and Immigrant Responsibility Act of 1996; c) Pro -Children Act of 1994, 20 USC §§ 6081-6084, and the Pro -Children Act of 2001, 20 USC § 7183, regarding the non-use of all tobacco products; d) National Research Service Award Act of 1971, 42 USC §§ 289a-1 or seq., and 6601 (PL 93-348 and PL 103-43), regarding human subjects involved in research; e) Hatch Political Activity Act, 5 USC §§1501-1508 and 7324-28, which limits the political activity of employees whose employment is funded with federal funds; 1) Fair Labor Standards Act, 29 USC §§ 201 or seq., and the Intergovernmental Personnel Act of 1970,42 USC §§ 4701 et seq., as applicable, concerning minimum wage and maximum hours; g) Tex. Gov. Code Chapter 469, pertaining to eliminating architectural barriers for persons with disabilities; h) Texas Workers' Compensation Act, Tex. Lab. Code Chapters 401-406 and 28 Tex. Admin. Code Part 2, regarding compensation for employees' injuries; i) The Clinical Laboratory Improvement Amendments of 1988, 42 USC § 263a, regarding the regulation and certification of clinical laboratories; j) 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; k) Laboratory Animal Welfare Act of 1966, 7 USC §§ 2131 et seq., pertaining to the treatment of laboratory animals; 1) environmental standards pursuant to the following: 1) Institution of environmental quality control measures under the National Environmental Policy Act of 1969, 42 USC §§ 4321-4347 and Executive Order 11514 (35 Fed. Reg. 4247), "Protection and Enhancement of Environmental Quality;" 2) Notification of violating facilities pursuant to Executive Order 11738 (40 CFR Part 32), "Providing for Administration of the Clean Air Act and the Federal Water Pollution Control Act with respect to Federal Contracts, Grants, or Loans;" 3) Protection of wetlands pursuant to Executive Order 11990, 42 Fed. Reg. 26961; 4) Evaluation of flood hazards in floodplains in accordance with Executive Order 11988, 42 Fed. Reg. 26951 and, if applicable, flood insurance purchase requirements of Section 102(a) of the Flood Disaster Protection Act of 1973 (PL 93- 234); 5) Assurance of project consistency with the approved State Management program developed under the Coastal Zone Management Act of 1972, 16 USC §§ 1451 et seq.; 6) Federal Water Pollution Control Act, 33 USC §1251 et seq.; 7) Protection of underground 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) General Provisions (Core Subrecipient) 2015 (Month Day, Year) 7 Conformity of federal actions to state clean air implementation plans under the Clean Air Act of 1955, 42 USC §§7401 et seq.; 10) Wild and Scenic Rivers Act of 1968 (16 USC §§ 1271 et seq.) related to protecting certain rivers systern; and 11) Lead -Based Paint Poisoning Prevention Act (42 USC §§ 4801 or seq.) prohibiting the use of lead -based paint in residential construction or rehabilitation; m) Intergovernmental Personnel Act of 1970 (42 USC §§4278-4763) regarding personnel merit systems for programs specified in Appendix A of the federal Office of Program Management's Standards for a Merit System of Personnel Administration (5 CFR Part 900, Subpart F); n) Titles II and III of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (PL 91-646), relating to fair treatment of persons displaced or whose property is acquired as a result of Federal or federally -assisted programs; o) Davis -Bacon Act (40 USC §§ 276a to 276a-7), the Copeland Act (40 U.S.C. § 276c and 18 USC § 874), and the Contract Work Hours and Safety Standards Act (40 USC §§ 327-333), regarding labor standards for federally -assisted construction subagreements; p) National Historic Preservation Act of 1966, § 106 (16 USC § 470), Executive Order 11593, and the Archaeological and Historic Preservation Act of 1974 (16 USC §§ 469a-1 et seq.) regarding historic property to the extent necessary to assist DSHS in complying with the Acts; q) financial and compliance audits in accordance with Single Audit Act Amendments of 1996 and OMB Circular No. A-133, "Audits of States, Local Governments, and Non -Profit Organizations;" r) Trafficking Victims Protection Act of 2000, Section 106(g) (22 USC § 7104); s) Executive Order, Federal Leadership on Reducing Text Messaging While Driving, October 1, 2009, if required by a federal funding source of the Contract; t) Whistleblower Protection Enhancement Act (5 U.S.C. 2302(b)(8)) and Texas Whistleblower Act (Tex. Gov. Code Chapter 554); and u) requirements of any other applicable state and federal statutes, executive orders, regulations, rules and policies. If this Contract is funded by a federal grant or cooperative agreement, Contractor shall, and shall cause its subcontractors to, comply with additional state or federal requirements found in the Notice of Grant Award and incorporated herein by reference. Contractor may obtain a copy of any applicable Notice of Grant Award from the contract manager assigned to the Program Attachment. Section 2.08 Applicability of General Provisions to Interagency and Interlocal Contracts. Certain sections or portions of sections of these General Provisions will not apply to Contractors that are State agencies or units of local government; and certain additional provisions will apply to such Contractors. a) The following sections or portions of sections of these General Provisions will not apply to interagency or interlocal contracts: 1) Hold Harmless and Indemnification, Section 13.19; 2) Independent Contractor, Section 12.15 (delete the third sentence in its entirety; delete the word "employees" in the fourth sentence; the remainder of the section applies); 3) Insurance, Section 12.03; 4) Liability Coverage, Section 12.05; 5) Fidelity Bond, Section 12.04; 6) Historically Underutilized Businesses, Section 12.10 (Contractor, however, shall comply with HUB requirements of other statutes and rules specifically applicable to that entity); 7) Debt to State and Corporate Status, Section 3.01; 8) Application of Payment Due, Section 3.02; and 9) Article XV Claims against the Department (This Article is inapplicable to interagency contracts only). General Provisions (Core Subrecipient) 2015 (Month Day, Year) b) The following additional provisions will apply to interagency contracts: 1) This Contract is entered into pursuant to the authority granted and in compliance with the provisions of the Interagency Cooperation Act, Tex. Gov. Code Chapter 771; 2) The Parties hereby certify that (1) the services specified are necessary and essential for the activities that are properly within the statutory functions and programs of the affected agencies of State government; (2) the proposed arrangements serve the interest of efficient and economical administration of the State government; and (3) the services, supplies or materials contracted for are not required by Section 21 of Article 16 of the Constitution of the State of Texas to be supplied under contract given to the lowest responsible bidder; and 3) DSHS certifies that it has the authority to enter into this Contract granted in Tex. Health & Safety Code Chapter 1001, and Contractor certifies that it has specific statutory authority to enter into and perform this Contract. c) The following additional provisions will apply to interlocal contracts: 1) This Contract is entered into pursuant to the authority granted and in compliance with the provisions of the Interlocal Cooperation Act, Tex. Gov. Code Chapter 791; 2) Payments made by DSHS to Contractor will be from current revenues available to DSHS; and 3) Each Party represents that it has been authorized to enter into this Contract. d) Contractor agrees that Contract Revision Requests (pursuant to the Contractor's Request for Revision to Certain Contract Provisions section), when signed by a duly authorized representative of Contractor, will be effective as of the effective date specified by the Department, whether that date is prior to or after the date of any ratification by Contractor's governing body. Section 2.09 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 shall notify HHSC's Office of Civil Rights of any civil rights complaints received relating to performance under this Contract no more than ten (10) calendar days after Contractor's receipt of the claim. Notice must be directed to — Civil Rights Office Health and Human Services Commission 701 W. 51st St., Mail Code W206 Austin, Texas 78751 (888) 388-6332 or (512) 438-4313 TTY Tall -free (877) 432-7232 HHSCivilRightsOffice@hhse.state.tx.us Section 2.10 Licenses, Certifications, Permits, Registrations and Approvals. Contractor shall obtain and maintain all applicable licenses, certifications, permits, registrations and approvals to conduct its business and to perform the services under this Contract. Failure to obtain or any revocation, surrender, expiration, non -renewal, inactivation or suspension of any such license, certification, permit, registration or approval constitutes grounds for termination of this Contract or other remedies the Department deems appropriate. Contractor shall ensure that all its employees, staff and volunteers obtain and maintain in active status all licenses, certifications, permits, registrations and approvals required to perform their duties under this Contract and shall prohibit any person who does not hold a current, active required license, certification, permit, registration or approval from performing services under this Contract. General Provisions (Core Subrecipient) 2015 (Month Day, Year) Section 2.11 Funding Obligation. This Contract is contingent upon the 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 of the Appropriations Act, health and human services agency consolidation, or any other disruptions of current appropriated funding for this Contract, DSHS may restrict, reduce or terminate funding under this Contract. Notice of any restriction or reduction will include instructions and detailed information on how DSHS will fund the services and/or goods to be procured with the restricted or reduced funds. Section 1.03 Section 2.12 Whistleblower Protection. Contractor shall include the Whistleblower Protection Enhancement Act and Texas Whistleblower Act protections to grantees, their subgrantees and subcontractors and Contractor must inform its employees of whistleblower rights and remedies. Section 1.04 Section 2.13 Federal Assistance Identification Number. Contractor shall include the Federal Assistance Identification Number (FAIN) on each subaward under a Federal award to enable reporting of expenditures according to the FAIN. As a condition of the award, Federal agencies require that all recipients document the assigned FAIN on each subaward under the Federal award. ARTICLE III S ERVICES Section 3.01 Education to Persons in Residential Facilities. If applicable, Contractor shall ensure that all persons, who are housed in Department -licensed and/or -funded residential facilities and who are twenty-two (22) years of age or younger, have access to educational services as required by Tex. Educ. Code § 29.012. Contractor shall notify the local education agency or local early intervention program as prescribed by Tex. Educ. Code § 29.012 not later than the third calendar day after the date a person who is twenty-two (22) years of age or younger is placed in Contractor's residential facility. Section 3.02 Disaster Services. In the event of a local, state, or federal emergency, including natural, man-made, criminal, terrorist, and/or bioterrorism events, declared as a state disaster by the Governor, or as a federal disaster by the appropriate federal official, Contractor may be called upon to assist DSHS in providing services, as appropriate, in the following areas: community evacuation; health and medical assistance; assessment of health and medical needs; health surveillance; medical care personnel; health and medical equipment and supplies; patient evacuation; in -hospital care and hospital facility status; food, drug, and medical device safety; worker health and safety; mental health and substance abuse; public health information; vector control and veterinary services; and victim identification and mortuary services. Contractor shall carry out disaster services in the manner most responsive to the needs of the emergency, be cost-effective, and be least intrusive on Contractor's primary services. General Provisions (Core Subrecipient) 2015 (Month Day, Year) 10 Section 3.03 Consent to Medical Care of a Minor. If Contractor provides medical, dental, psychological or surgical treatment to a minor under this Contract, either directly or through contracts with subcontractors, Contractor shall not provide treatment of a minor unless informed consent to treatment is obtained pursuant to Tex. Fam. Code Chapter 32, relating to consent to treatment of a child by a non -parent or child or pursuant to other state law. If requirements of federal law relating to consent directly conflict with Tex. Fam. Code Chapter 32, federal law supersedes state law. Section 3.04 Telemedicine Medical Services. Contractor shall ensure that if Contractor or its subcontractor uses telemedicine/telepsychiaty that the services are implemented in accordance with written procedures and using a protocol approved by Contractor's medical director and using equipment that complies with the equipment standards as required by the Department. Procedures for providing telemedicine service must include the following requirements: a) clinical oversight by Contractor's medical director or designated physician responsible for medical leadership; b) contraindication considerations for telemedicine use; c) qualified staff members to ensure the safety 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; fl demonstrated competency in the operations of the system by all staff members who are involved in the operation of the system and provision of the services prior to initiating the protocol; g) priority in scheduling the system for clinical care of individuals; h) quality oversight and monitoring of satisfaction of the individuals served; and i) management of information and documentation for telemedicine services that ensures timely access to accurate information between the two sites. Telemedicine Medical Services does not include chemical dependency treatment services provided by electronic means under Rule § 448.911. Section 3.05 Fees for Personal Health Services. Contractor may develop a system and schedule of fees for personal health services in accordance with the provisions of Tex. Health & Safety Code § 12.032, DSHS Rule §1.91 covering Fees for Personal Health Services, and other applicable laws or grant requirements. The amount of a fee must not exceed the actual cost of providing the services. No client may be denied a service due to inability to pay. Any charges assessed to individuals for screenings must be accounted for as Program Income in accordance with the DSHS Contractor's Financial Procedure Manual. Section 3.06 Cost Effective Purchasing of Medications. If medications are funded under this Contract, Contractor shall make needed medications available to clients at the lowest possible prices and use the most cost effective medications purchasing arrangement possible. General Provisions (Core Subrecipient) 2015 (Month Day, Year) 11 Section 3.07 Services and Information for Persons with Limited English Proficiency. Contractor shall take reasonable steps to provide services and information, both orally and in writing, in appropriate languages other than English, to ensure that persons with limited English proficiency are effectively informed and can have meaningful access to programs, benefits, and activities. Contractor shaltidentify and document on the client records the primary language/dialect of a client who has limited English proficiency and the need for translation or interpretation services and shall not require a client to provide or pay for the services of a translator or interpreter. Contractor shall make every effort to avoid use of any persons under the age of eighteen (18) or any family member or friend of the client as an interpreter for essential communications with a client with limited English proficiency, unless the client has requested that person and using the person would not compromise the effectiveness of services or violate the client's confidentiality and the client is advised that a free interpreter is available. ARTICLE IV FUNDING Section 4.01 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 Contractor if Contractor is indebted to the State for any reason, including a tax delinquency. Contractor, if a corporation, certifies by execution of this Contract that it is current and will remain current in its payment of franchise taxes to the State of Texas or that it is exempt from payment of franchise taxes under Texas law (Tex. Tax Code §§ 171.001 et seq.). Contractor, if a corporation, further certifies that it is and will remain in good standing with the Secretary of State's office. A false statement regarding franchise tax or corporate status is a material breach of this Contract. If franchise tax payments become delinquent during the Contract term, all or part of the payments under this Contract may be withheld until Contractor's delinquent franchise tax is paid in full. Section 4.02 Application of Payment Due. Contractor agrees that any payments due under this Contract will be applied towards any debt of Contractor, including but not limited to delinquent taxes and child support that is owed to the State of Texas. Section 4.03 Use of Funds. Contractor shall expend Department funds only for the provision of approved services and for reasonable and allowable expenses directly related to those services. Section 4.04 Use for Match Prohibited. Contractor shall not use funds provided through this Contract for matching purposes in securing other funding unless directed or approved by the Department in writing. General Provisions (Core Subrecipient) 2015 (Month Day, Year) 12 Section 4.05 Program Income. Gross income directly generated from Department funds through a project or activity performed under a Program Attachment and/or earned only as a result of a Program Attachment during the term of the Program Attachment are considered program income. Unless otherwise required under the terms of the grant funding this Contract, Contractor shall use the addition alternative, as provided in UGMS § 25(g)(2), for the use of program income to further the program objectives of the state or federal statute under which the Program Attachment was made, and Contractor shall spend the program income on the same Program Attachment project in which it was generated. Contractor shall identify and report this income in accordance with the Compliance and Reporting Article of these General Provisions, the Contractor's Financial Procedures Manual located at littp://www.dshs.state.tx.Lis/contracts/cfpin.slitin and the provisions of the Program Attachment(s). Contractor shall expend program income during the Program Attachment term and may not carry forward to any succeeding term. Contractor shall refund program income not expended in the term in which it is earned to DSHS. DSHS may base future funding levels, in part, upon Contractor's proficiency in identifying, billing, collecting, and reporting program income, and in using it for the purposes and under the conditions specified in this Contract. Section 4.06 Nonsupplanting. Contractor shall not supplant (i.e., use funds from this Contract to replace or substitute existing funding from other sources that also supports the activities that are the subject of this Contract) but rather shall use funds from this Contract to supplement existing state or local funds currently available for a particular activity. Contractor shall make a good faith effort to maintain its current level of support. Contractor may be required to submit documentation substantiating that a reduction in state or local finding, if any, resulted for reasons other than receipt or expected receipt of funding under this Contract. ARTICLE V PAYMENT METHODS AND RESTRICTIONS Section 5.01 Payment Methods. Except as otherwise provided by the provisions of the Program Attachment(s), the payment method for each Program Attachment will be one of the following methods: a) cost reimbursement. This payment method is based on an approved budget in the Program Attachment(s) and acceptable submission of a request for reimbursement; or b) unit rate/fee-for-service. This payment method is based on a fixed price or a specified rate(s) or fee(s) for delivery of a specified unit(s) of service, as stated in the Program Attachment(s) and acceptable submission of all required documentation, forms and/or reports. Section 5.02 Billing Submission. Contractors shall bill the Department in accordance with the Program Attachment(s) in the form and format prescribed by DSHS. Unless otherwise specified in the Program Attachment(s) or permitted under the Third Party Payors section of this Article, Contractor shall submit requests for .reimbursement or payment monthly by the last business day of the month following the end of the month covered by the bill. Contractor shall maintain all documentation that substantiates billing submissions and make the documentation available to DSHS upon request. General Provisions (Core Subrecipient) 2015 (Month Day, Year) 13 Section 5.03 Final Billing Submission. Unless otherwise provided by the Department, Contractor shall submit a reimbursement or payment request as a final close-out bill not later than forty-five (45) calendar days following the end of the term of the Program Attachment for goods received and services rendered during the term. If necessary to meet this deadline, Contractor may submit reimbursement or payment requests by facsimile transmission. Reimbursement or payment requests received in DSHS's offices more than forty-five (45) calendar days following the end of the applicable term will not be paid. Consideration of requests for an exception will be made on a case -by -case basis, subject to the availability of funding, and only for an extenuating circumstance, such as a catastrophic event, natural disaster, or criminal activity that substantially interferes with normal business operations or causes damage or destruction of a place of business and/or records. A written statement describing the extenuating circumstance and the last request for reimbursement must be submitted for review and approval to the DSHS Accounting Section. Section 5.04 Working Capital Advance. If allowed under this Contract, a single one-time working capital advance per term of the Program Attachment may be granted at the Department's discretion. Contractor must submit documentation to the contract manager assigned to the Program Attachment to justify the need for a working capital advance. Contractor shall liquidate the working capital advance as directed by the 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 I)ttp://www.dslis,state.tX.Lis/conti-acts/ef pin.slitin. Section 5.05 Financial Status Reports (FSRs). Except as otherwise provided in these General Provisions or in the terms of any Program Attachment(s) that is incorporated into the Contract, for contracts with categorical budgets, Contractor shall submit quarterly FSRs to Accounts Payable by the last business day of the month following the end of each quarter of the Program Attachment term for Department review and financial assessment. Contractor shall submit the final FSR no later than forty-five (45) calendar days following the end of the applicable term. Section 5.06 Third Party Payors. A third party payer is any person or entity who has the legal responsibility for paying for all or part of the services provided. Third party payors include, but are not limited to, commercial health or liability insurance carriers, Medicaid, or other federal, state, local, and private funding sources. Except as provided in this Contract, Contractor shall screen all clients and shall not bill the Department for services eligible for reimbursement from third party payors. Contractor shall (a) enroll as a provider in Children's Health Insurance Program and Medicaid if providing approved services authorized under this Contract that may be covered by those programs, and bill those programs for the covered services; (b) provide assistance to individuals to enroll in such programs when the screening process indicates possible eligibility for such programs; (c) allow clients who are General Provisions (Core Subrecipient) 2015 (Month Day, Year) 14 otherwise eligible for Department services, but cannot pay a deductible required by a third party payor, to receive services up to the amount of the deductible and to bill the Department for the deductible; (d) not bill the Department for any services eligible for third party reimbursement until all appeals to third party payors have been exhausted, in which case the thirty (30)-day requirement in the Billing Submission section will be extended until all such appeals have been exhausted; (e) maintain appropriate documentation from the third party payor reflecting attempts to obtain reimbursement; (f) bill all third 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 VI TERMS AND CONDITIONS OF PAYMENT Section 6.01 Prompt Payment. Upon receipt of a timely, undisputed invoice pursuant to this Contract, Department will pay Contractor. Payments and reimbursements are contingent upon a signed Contract and will not exceed the total amount of authorized funds under this Contract. Contractor is entitled to payment or reimbursement only if the service, work, and/or product has been authorized by the Department and performed or provided pursuant to this Contract. If those conditions are met, Department will make payment in accordance with the Texas prompt payment law (Tex. Gov. Code Chapter 2251). Contractor shall comply with Tex. Gov. Code Chapter 2251 regarding its prompt payment obligations to subcontractors. Section 6.02 Department Review. Payment of invoices by the Department will not constitute acceptance or approval of Contractor's performance, and all invoices and Contractor's performance are subject to audit or review and recoupment of payments by the Department. Section 6.03 Withholding Payments. Department may withhold all or part of any payments to Contractor to offset reimbursement for any ineligible expenditures, disallowed costs, or overpayments that Contractor has not refunded to Department, or if financial status report(s) required by the Department are not submitted by the date(s) due. Department may take repayment (recoup) from funds available under this Contract in amounts necessary to fulfill Contractor's repayment obligations. Section 6.04 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 6.05 Acceptance as Payment in Full. Except as permitted in the Fees for Personal Health Services section of the Services Article of these General Provisions or under 25 Tex. Admin. Code § 444.413, Contractor shall accept reimbursement or payment from DSHS as payment in full for services or goods provided to clients or participants, and Contractor shall not seek additional reimbursement or payment for services or goods from clients General Provisions (Core Subrecipient) 2015 (Month Day, Year) 15 or participants or charge a fee or make a profit with respect to the Contract. A fee or profit is considered to be an amount in excess of actual allowable costs that are incurred in conducting an assistance program. ARTICLE VII ALLOWABLE COSTS AND AUDIT REQUIREMENTS Section 7.01 Allowable Costs. For services satisfactorily performed, and sufficiently documented, pursuant to this Contract, DSHS will reimburse Contractor for allowable costs. Contractor must have incurred a cost prior to claiming reimbursement and within the applicable term to be eligible for reimbursement under this Contract. DSHS will determine whether costs submitted by Contractor are allowable and eligible for reimbursement. If DSHS has paid funds to Contractor for unallowable or ineligible costs, DSHS will notify Contractor in writing, and Contractor shall return the funds to DSHS within thirty (30) calendar days of the date of this written notice. DSHS may withhold all or part of any payments to Contractor to offset reimbursement for any unallowable or ineligible expenditures that Contractor has not refunded to DSHS, or if financial status report(s) required under the Financial Status Reports section are not submitted by the due date(s). DSHS may take repayment (recoup) from funds available under this Contract in amounts necessary to fulfill Contractor's repayment obligations. Applicable cost principles, audit requirements, and administrative requirements include - Applicable Entity Applicable Cost Audit Requirements Administrative Principles Requirements State, Local and Tribal OMB Circular A-87 OMB Circular UGMS, OMB Circular Governments (2 CFR, Part 225) A-133 and UGMS A-102, and applicable Federal awarding agency common rule Educational Institutions OMB Circular A-21 OMB Circular OMB Circular A-110 (2 (2 CFR, Part 220) A-133 CFR, Part 215) and applicable Federal awarding agency common rule; and UGMS, as applicable Non -Profit OMB Circular OMB Circular UGMS; OMB Circular Organizations A-122 (2 CFR, Part A-133 and UGMS A-110 (2 CFR, Part 230) 215) and applicable Federal awarding agency common rule For -profit Organization 48 CFR Part 31, OMB Circular A- UGMS and applicable other than a hospital and Contract Cost 133 and UGMS Federal awarding an organization named Principles agency common rule in OMB Circular A-122 Procedures, or (2 CFR Part, 230) as not uniform cost subject to that circular. accounting standards that comply with cost principles acceptable to the federal or state awarding agency General Provisions (Core Subrecipient) 2015 (Month Day, Year) 16 A chart of applicable Federal awarding agency common rules is located through a weblink on the DSHS website at ham://www dshs state tx us/contracts/links shtm. OMB Circulars will be applied with the modifications prescribed by UGMS with effect given to whichever provision imposes the more stringent requirement in the event of a conflict. Section 7.02 Independent Single or Program -Specific Audit. If Contractor within Contractor's fiscal year expends a total amount of at least $500,000 in federal funds awarded, Contractor shall have a single audit or program -specific audit in accordance with the Office of Management and Budget (OMB) Circ. No. A-133, the Single Audit Act of 1984, P L 98- 502, 98 Star. 2327, and the Single Audit Act Amendments of 1996, P L 104-156, 110 Stat. 1396. The $500,000 federal threshold amount includes federal funds passed through by way of state agency awards. If Contractor within Contractor's fiscal year expends a total amount of at least $500,000 in state funds awarded, Contractor must have a single audit or program -specific audit in accordance with UGMS, State of Texas Single Audit Circular. For -profit Contractors whose expenditures meet or exceed the federal and/or state expenditure thresholds stated above shall follow the guidelines in OMB Circular A-133 or UGMS, as applicable, for their program -specific audits. The HHSC Office of Inspector General (OIG) will notify Contractor to complete the Single Audit Status Registration Form. If Contractor fails to complete the Single Audit Status Form within thirty (30) calendar days after notification by OIG to do so, Contractor shall be subject to DSHS sanctions and remedies for non-compliance with this Contract. The audit must be conducted by an independent certified public accountant and in accordance with applicable OMB Circulars, Government Auditing Standards, and UGMS, which is accessible through a web link on the DSHS website at littp:#%Yww.dslis.state.tx.us/contracts/links.shtm. Contractor shall procure audit services in compliance with this section, state procurement procedures, as well as with the provisions of UGMS. Contractor, unless Contractor is a state governmental entity, shall competitively re -procure independent single audit services at least every six (6) years. Section 7.03 Submission of Audit. Within thirty (30) calendar days of receipt of the audit reports required by the Independent Single or Program -Specific Audit section, Contractor shall submit one copy to the Department's Contract Oversight and Support Section, and one copy to the OIG, at the following addresses: Department of State Health Services Health and Human Services Commission Contract Oversight and Support, Mail Code Office of Inspector General 1326 Compliance/Audit, Mail Code 1326 P.O. Box 149347 P.O. Box 85200 Austin, Texas 78714-9347 Austin, Texas 78708-5200 Electronic submission to DSHS should be addressed as follows: COSContractAdministration(c�dshsstate.tx.us Electronic submission to HHSC should be addressed as follows: Queenah.Teamah@hhsc.state.tx.us General Provisions (Core Subrecipient) 2015 (Month Day, Year) 17 If Contractor fails to submit the audit report as required by the Independent Single or Program - Specific Audit section within thirty (30) calendar days of receipt by Contractor of an audit report, Contractor shall be subject to DSHS sanctions and remedies for non-compliance with this Contract. ARTICLE VIII CONFIDENTIALITY Section 8.01 Maintenance of Confidentiality. Contractor shall maintain the privacy and confidentiality of information and records received during or related to the performance of this Contract, including patient and client records that contain protected health information (PHI), and any other information that discloses confidential personal information or identifies any client served by DSHS, in accordance with applicable federal and state laws, rules and regulations, including but not limited to 7 CFR Part 246; 42 CFR Part 2; 45 CFR Parts 160 and 164 (Health Insurance Portability and Accountability Act [HIPAA]); Tex. Health & Safety Code Chapters 12, 47, 81, 82, 85, 88, 92, 161, 181, 241, 245, 251, 534, 576, 577, 596, 611, and 773; and Tex. Occ. Code Chapters 56 and 159 and all applicable rules and regulations. Section 8.02 Department Access to PHI and Other Confidential Information. Contractor shall cooperate with Department to allow Department to request, collect and receive PHI and other confidential information under this Contract, without the consent of the individual to whom the PHI relates, for funding, payment and administration of the grant program, and for purposes permitted under applicable state and federal confidentiality and privacy laws. Section 8.03 Exchange of Client -Identifying Information. Except as prohibited by other law, Contractor and DSHS shall exchange PHI without the consent of clients in accordance with 45 CFR § 164.504(e)(3)(i)(B), Tex. Health & Safety Code § 533.009 and Rule Chapter 414, Subchapter A or other applicable laws or rules. Contractor shall disclose information described in Tex. Health & Safety Code § 614.017(a)(2) relating to special needs offenders, to an agency described in Tex. Health & Safety Code § 614.017(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 8.04 Security of Patient or Client Records. Contractor shall maintain patient and client records in compliance with state and federal law relating to security and retention of medical or mental health and substance abuse patient and client records. Department may require Contractor to transfer original or copies of patient and client records to Department, without the consent or authorization of the patient or client, upon termination of this Contract or a Program Attachment to this Contract, as applicable, or if the care and treatment of the individual patient or client is transferred to another entity. Prior to providing services funded under this Contract to a patient or client, Contractor shall attempt to obtain consent from the patient or client to transfer copies of patient or client records to another entity funded by DSHS upon termination of this Contract or a Program Attachment to this Contract, as applicable, or if care or treatment is transferred to another DSHS-funded contractor. General Provisions (Core Subrecipient) 2015 (Month Day, Year) 18 Section 8.05 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 Contractor shall educate employees and clients concerning HIV and its related conditions, including AIDS, in accordance with the Tex. Health & Safety Code § 85.112-114. A link to the Model Workplace Guidelines can be found at http://wwNv.dslis.state,tx.us/hivstd/policy/policies.slitiii. ARTICLE IX REQUIRED DISCLOSURES Section 9.01 Texas Public Information Act. Notwithstanding any provision in this Contract to the contrary, the Department will comply with the Texas Public Information Act, Texas Government Code, Chapter 552, as interpreted by judicial opinions and the opinions of the Attorney General of the State of Texas. If Contractor is not a state agency, institution of higher education or other governmental entity, then Contractor is required to make any information created or exchanged with the state pursuant to a contract, which is not otherwise excepted from disclosure under the Texas Public Information Act, available in a format that is accessible by the public at no additional charge to the state. ARTICLE X RECORDS RETENTION Section 10.01 Retention. Contractor shall retain and preserve records in accordance with applicable state and federal statutes, rules and regulations. At a minimum, Contractor shall retain and preserve all other records, including financial records that are generated or collected by Contractor under the provisions of this Contract, for a period of four (4) years after the termination of this Contract. If services are funded through Medicaid, the federal retention period, if more than four (4) years, will apply. Contractor shall retain all records pertaining to this Contract that are the subject of litigation or an audit until the litigation has ended or all questions pertaining to the audit are resolved. Legal requirements for Contractor may extend beyond the retention schedules established in this section. Contractor shall retain medical records in accordance with Tex, Admin. Code Title 22, Part 9, § 165.1(b) and (c) or other applicable statutes, rules and regulations governing medical information. Contractor shall include this provision concerning records retention in any subcontract it awards. If Contractor ceases business operations, it shall ensure that records relating to this Contract are securely stored and are accessible by the Department upon Department's request for at least four (4) years from the date Contractor ceases business or from the date this Contract terminates, whichever is sooner. Contractor shall provide, and update as necessary, the name and address of the party responsible for storage of records to the contract manager assigned to the Program Attachment . ARTICLE XI ACCESS, INSPECTION AND AUDIT OF RECORDS Section 11.01 Access and Inspection. In addition to any right of access arising by operation of law, Contractor, and any of Contractor's affiliate or subsidiary organizations or subcontractors shall permit the Department or any of its duly General Provisions (Core Subrecipient) 2015 (Month Day, Year) 19 authorized representatives, as well as duly authorized federal, state or local authorities, including the Comptroller General of the United States, OIG, and the State Auditor's Office (SAO), unrestricted access to and the right to examine any site where business is conducted or client services are performed, and all records (including financial records, client and patient records, if any, and Contractor's personnel records and governing body personnel records), books, papers or documents related to this Contract; and the right to interview members of Contractor's governing body, staff, volunteers, participants and clients concerning the Contract, Contractor's business and client services. If deemed necessary by the Department or the OIG, for the purpose of investigation or hearing, Contractor shall produce original documents related to this Contract. The Department and HHSC will have the right to audit billings both before and after payment, and all documentation that substantiates the billings. Contractor shall make available to the Department information collected, assembled or maintained by Contractor relative to this Contract for the Department to respond to requests that it receives under the Public Information Act. Contractor shall include this provision concerning the right of access to, and examination of, sites and information related to this Contract in any subcontract it awards. Section 11.02 State Auditor's Office. Contractor shall, upon request, make all records, books, papers, documents, or recordings related to this Contract available for inspection, audit, or reproduction during normal business hours to any authorized representative of the SAO. Contractor understands that the acceptance of funds under this Contract acts as acceptance of the authority of the SAO, or any successor agency, to conduct an audit or investigation in connection with those funds. Contractor shall cooperate fully with the SAO or its successor in the conduct of the audit or investigation, including providing all records requested, and providing access to any information the SAO considers relevant to the investigation or audit. The SAO's authority to audit funds will apply to Contract funds disbursed by Contractor to its subcontractors, and Contractor shall include this provision concerning the SAO's authority to audit and the requirement to cooperate, in any subcontract Contractor awards. Section 11.03 Responding to Deficiencies. Any deficiencies identified by DSHS or HHSC upon examination of Contractor's records or during an inspection of Contractor's site(s) will be conveyed in writing to Contractor. Contractor shall submit, by the date prescribed by DSHS, a resolution to the deficiency identified in a site inspection, program or management review or financial audit to the satisfaction of DSHS or, if directed by DSHS, a corrective action plan to resolve the deficiency. A DSHS or HHSC determination of either an inadequate or inappropriate resolution of the findings may result in contract remedies or sanctions under the Breach of Contract and Remedies for Non -Compliance Article of these General Provisions. ARTICLE XII NOTICE REQUIREMENTS Section 12.01 Child Abuse Reporting Requirement. This section applies to mental health and substance abuse contractors and contractors for the following public health programs: Human Immunodeficiency Virus/Sexually Transmitted Diseases General Provisions (Core Subrecipient) 2015 (Month Day, Year) 20 (HIV/STD); Family Planning (Titles V, X and XX); Primary Health Care; Maternal and Child Health; and Women, Infants and Children (WIC) Nutrition Services. Contractor shall comply with child abuse reporting guidelines and requirements in Tex. Fam. Code Chapter 261 relating to investigations of reports of child abuse and neglect. Contractor shall.develop, implement and enforce a written policy that includes at a minimum the Department's Child Abuse Screening, Documenting, and Reporting Policy for Contractors/Providers and train all staff on reporting requirements. Contractor shall use the DSHS Child Abuse Reporting Form as required by the Department located at www.dstis.state.tx.tis/rliildabLISel-epoi-tiii . Contractor shall retain reporting documentation on site and make it available for inspection by DSHS. Section 12.02 Significant Incidents. In addition to notifying the appropriate authorities, Contractor shall report to the contract manager assigned to the Program Attachment significant incidents involving substantial disruption of Contractor's program operation, or affecting or potentially affecting the health, safety or welfare of Department -funded clients or participants within seventy-two (72) hours of discovery. Section 12.03 Litigation. Contractor shall notify the contract manager assigned to the Program Attachment of litigation related to or affecting this Contract and to which Contractor is a party within seven (7) calendar days of becoming aware of such a proceeding. This includes, but is not limited to an action, suit or proceeding before any court or governmental body, including environmental and civil rights matters, professional liability, and employee litigation. Notification must include the names of the parties, nature of the litigation and remedy sought, including amount of damages, if any. Section 12.04 Contract or License Action Against the Contractor. Contractor shall notify the contract manager assigned to the Contract if Contractor has had a contract suspended or terminated for cause by any local, state or federal department or agency or nonprofit entity within three (3) working days of the suspension or termination. Such notification must include the reason for such action; the name and contact information of the local, state or federal department or agency or entity; the date of the contract; the date of the suspension or termination; and the contract or case reference number. If Contractor, as an organization, has surrendered its license or has had its license suspended or revoked by any local, state or federal department or agency or non- profit entity, it shall disclose this information within three (3) working days of the surrender, suspension or revocation to the contract manager assigned to the Program Attachment by submitting a one -page description that includes the reason(s) for such action; the name and contact information of the local, state or federal department or agency or entity; the date of the license action; and a license or case reference number. Section 12.05 Insolvency. Contractor shall notify in writing the contract manager assigned to the Program Attachment of Contractor's insolvency, incapacity, or outstanding unpaid obligations to the Internal Revenue Service (IRS) or Texas Workforce Commission (TWC) within three (3) working days of the date of General Provisions (Core Subrecipient) 2015 (Month Day, Year) 21 determination that Contractor is insolvent or incapacitated, or the date Contractor discovered an unpaid obligation to the IRS or TWC. Contractor shall notify in writing the contract manager assigned to the Program Attachment of its plan to seek bankruptcy protection within three (3) working days of such action by Contractor's governing body. Section 12.06 Misuse of Funds and Performance Malfeasance. Contractor shall report to the contract manager assigned to the Program Attachment, any knowledge of debarment, suspected fraud, program abuse, possible illegal expenditures, unlawful activity, or violation of financial laws, rules, policies, and procedures related to performance under this Contract. Contractor shall make such report no later than three (3) working days from the date that Contractor has knowledge or reason to believe such activity has taken place. Additionally, if this Contract is federally funded by the Department of Health and Human Services (HHS), Contractor shall report any credible evidence that a principal, employee, subcontractor or agent of Contractor, or any other person, has submitted a false claim under the False Claims Act or has committed a criminal or civil violation of laws pertaining to fraud, conflict of interest, bribery, gratuity, or similar misconduct involving those funds. Contractor shall make this report to the SAO at http://sao.f *aud.state.tx.us, and to the HHS Office of Inspector General at littp://www.oig.hlis.gov/fraLid/hotline/ no later than three (3) working days from the date that Contractor has knowledge or reason to believe such activity has taken place. Section 12.07 Criminal Activity and Disciplinary Action. Contractor affirms that no person who has an ownership or controlling interest in the organization or who is an agent or managing employee of the organization has been placed on community supervision, received deferred adjudication, is presently indicted for or has been convicted of a criminal offense related to any financial matter, federal or state program or felony sex crime. Contractor shall notify in writing the contract manager assigned to the Program Attachment if it has reason to believe Contractor, or a person with ownership or controlling interest in the organization or who is an agent or managing employee of the organization, an employee or volunteer of Contractor, or a subcontractor providing services under this Contract has engaged in any activity that would constitute a criminal offense equal to or greater than a Class A misdemeanor or if such activity would reasonably constitute grounds for disciplinary action by a state or federal regulatory authority, or has been placed on community supervision, received deferred adjudication, or been indicted for or convicted of a criminal offense relating to involvement in any financial matter, federal or state program or felony sex crime. Contractor shall make the reports required by this section no later than three (3) working days from the date that Contractor has knowledge or reason to believe such activity has taken place. Contractor shall not permit any person who engaged, or was alleged to have engaged, in an activity subject to reporting under this section to perform direct client services or have direct contact with clients, unless otherwise directed by DSHS. Section 12.08 Retaliation Prohibited. Contractor shall not retaliate against any person who reports a violation of, or cooperates with an investigation regarding, any applicable law, rule, regulation or standard to the Department, another state agency, or any federal, state or local law enforcement official. General Provisions (Core Subrecipient) 2015 (Month Day, Year) 22 Section 12.09 Documentation. Contractor shall maintain appropriate documentation of all notices required under these General Provisions. ARTICLE XIII ASSURANCES AND CERTIFICATIONS Section 13.01 Certification. Contractor certifies by execution of this Contract to the following: a) it is not disqualified under 2 CFR §376.935 or ineligible for participation in federal or state assistance programs; b) neither it, nor its principals, are presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any federal or state department or agency in accordance with 2 CFR Parts 376 and 180 (parts A -I), 45 CFR Part 76 (or comparable federal regulations); c) it has not knowingly failed to pay a single substantial debt or a number of outstanding debts to a federal or state agency; d) it is not subject to an outstanding judgment in a suit against Contractor for collection of the balance of a debt; e) it is in good standing with all state and/or federal agencies that have a contracting or regulatory relationship with Contractor; 1) that no person who has an ownership or controlling interest in Contractor or who is an agent or managing employee of Contractor has been convicted of a criminal offense related to involvement in any program established under Medicare, Medicaid, or a federal block grant; g) neither it, nor its principals have within the three(3)-year period preceding this Contract, has been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a private or public (federal, state or local) transaction or contract under a private or public transaction, violation of federal or state antitrust statutes (including those proscribing price-fixing between competitors, allocation of customers between competitors and bid -rigging), or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements or false claims, tax evasion, obstruction of justice, receiving stolen property or any other offense indicating a lack of business integrity or business honesty that seriously and directly affects the present responsibility of Contactor or its principals; h) neither it, nor its principals is presently indicted or otherwise criminally or civilly charged by a governmental entity (federal, state or local) with the commission of any of the offenses enumerated in subsection g) of this section; and i) neither it, nor its principals within a three(3)-year period preceding this Contract has had one or more public transaction (federal, state or local) terminated for cause or default. Contractor shall include the certifications in this Article 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 contract manager assigned to the Program Attachment . If Contractor's status with respect to the items certified in this Article changes during the term of this Contract, Contractor shall immediately notify the contract manager assigned to the Program Attachment. General Provisions (Core Subrecipient) 2015 (Month Day, Year) 23 Section 13.02 Child Support Delinquencies. As required by Tex. Fam. Code § 231.006, a child support obligor who is more than thirty (30) calendar days delinquent in paying child support and a business entity in which the obligor is a sole proprietor, partner, shareholder, or owner with an ownership interest of at least twenty-five percent (25%) is not eligible to receive payments from state funds under a contract to provide property, materials, or services or receive a state -funded grant or loan. If applicable, Contractor shall maintain its eligibility to receive payments under this Contract, certifies that it is not ineligible to receive the payments specified in this Contract, and acknowledges that this Contract may be terminated and payment may be withheld if this certification is inaccurate. Section 13.03 Authorization. Contractor certifies that it possesses legal authority to contract for the services described in this Contract and, if applicable, that a resolution, motion or similar action has been duly adopted or passed as an official act of Contractor's governing body, authorizing the binding of the organization under this Contract including all understandings and assurances contained in this Contract, and directing and authorizing the person identified as the authorized representative of Contractor to act in connection with this Contract and to provide such additional information as may be required. Section 13.04 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. Section 13.05 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, statement(s) of work or Solicitation Document on which this Contact is based. Contractor certifies that neither Contractor, nor its employees, nor anyone acting for Contactor 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 §§ 2155.006 and 2261.053, Contractor is ineligible to receive this Contract, if Contractor or any person who would have financial participation in this Contract has been convicted of violating federal law, or been assessed a federal civil or administrative penalty, in connection with a contract awarded by the federal government for relief, recovery or reconstruction efforts as a result of Hurricanes Rita or Katrina or any other disaster occurring after September 24, 2005; (c) Contractor certifies that the individual or business entity named in this Contract is not ineligible to receive the specified Contract under Tex. Gov. Code §§ 2155.004, 2155.006 or 2261.053, and acknowledges that this Contract may be terminated and payment withheld if these certifications are inaccurate. General Provisions (Core Subrecipient) 2015 (Month Day, Year) 24 Section 13.06 Antitrust. Pursuant to 15 USC § 1, et seq. and Tex. Bus. & Comm. Code § 15.01, et seq. Contractor certifies that neither Contractor, nor anyone acting for Contractor has violated the antitrust laws of this state or federal antitrust laws, nor communicated directly or indirectly regarding a bid with any competitor or any other person engaged in Contractor's line of business for the purpose of substantially lessening competition in such line of business. Section 13.07 Initiation and Completion of Work. Contractor certifies that it shall initiate and complete the work under this Contract within the applicable time frame prescribed in this Contract. ARTICLE XIV GENERAL BUSINESS OPERATIONS OF CONTRACTOR Section 14.01 Responsibilities and Restrictions Concerning Governing Body, Officers and Employees. Contractor and its governing body shall bear full responsibility for the integrity of the fiscal and programmatic management of the organization. This provision applies to all organizations, including Section 501(c)(3) organizations as defined in the Internal Revenue Service Code as not -for -profit organizations. Each member of Contractor's governing body shall be accountable for all funds and materials received from Department. The responsibility of Contractor's governing body shall also include accountability for compliance with Department Rules, policies, procedures, and applicable federal and state laws and regulations; and correction of fiscal and program deficiencies identified through self -evaluation and Department's monitoring processes. Further, Contractor's governing body shall ensure separation of powers, duties, and functions of governing body members and staff. Staff members, including the executive director, shall not serve as voting members of Contractor's governing body. No member of Contractor's governing body, or officer or employee of Contractor shall vote for, confirm or act to influence the employment, compensation or change in status of any person related within the second degree of affinity or the third degree of consanguinity (as defined in Tex. Gov. Code Chapter 573) to the member of the governing body or the officer or any employee authorized to employ or supervise such person. This prohibition does not prohibit the continued employment of a person who has been continuously employed for a period of two (2) years prior to the election, appointment or employment of the officer, employee, or governing body member related to such person in the prohibited degree. These restrictions also apply to the governing body, officers and employees of Contractor's subcontractors. Ignorance of any Contract provisions or other requirements contained or referred to in this Contract will not constitute a defense or basis for waiving or appealing such provisions or requirements. Section 14.02 Management and Control Systems. Contractor shall comply with all the requirements of the Department's Contractor's Financial Procedures Manual, and any of its subsequent amendments, which is available at the Department's web site: http://\vww dshs state ts.us/contracts/cfom sham. Contractor shall maintain an appropriate contract administration system to ensure that all terms, conditions, and specifications are met during General Provisions (Core Subrecipient) 2015 (Month Day, Year) 25 the term of the contract through the completion of the closeout procedures. Contractor shall develop, implement, and maintain financial management and control systems that meet or exceed the requirements of UGMS and adhere to procedures detailed in Department's Contractor's Financial Procedures Manual. Those requirements and procedures include, at a minimum, the following: a) financial planning, including the development of budgets that adequately reflect all functions and resources necessary to carry out authorized activities and the adequate determination of costs; b) financial management systems that include accurate accounting records that are accessible and identify the source and application of funds provided under each Program Attachment of this Contract, and original source documentation substantiating that costs are specifically and solely allocable to a Program Attachment and are traceable from the transaction to the general ledger; and c) effective internal and budgetary controls; comparison of actual costs to budget; determination of reasonableness, allowableness, and allocability of costs; timely and appropriate audits and resolution of any findings; billing and collection policies; and a mechanism capable of billing and making reasonable efforts to collect from clients and third parties. Section 14.03 Insurance. Contractor shall maintain insurance or other means of repairing or replacing assets purchased with Department funds. Contractor shall repair or replace with comparable equipment any such equipment not covered by insurance that is lost, stolen, damaged or destroyed. If any insured equipment purchased with DSHS funds is lost, stolen, damaged or destroyed, Contractor shall notify the contract manager assigned to the Program Attachment to obtain instructions whether to submit and pursue an insurance claim. Contractor shall use any insurance proceeds to repair the equipment or replace the equipment with comparable equipment or remit the insurance proceeds to DSHS. Section 14.04 Fidelity Bond. For the benefit of DSHS, Contractor is required to carry a fidelity bond or insurance coverage equal to the amount of funding provided under this Contract up to $100,000 that covets each employee of Contractor handling funds under this Contract, including person(s) authorizing payment of such funds. The fidelity bond or insurance must provide for indemnification of losses occasioned by (1) any fraudulent or dishonest act or acts committed by any of Contractor's employees, either individually or in concert with others, and/or (2) failure of Contractor or any of its employees to perform faithfully his/her duties or to account properly for all monies and property received by virtue of his/her position or employment. The bond or insurance acquired under this section must include coverage for third party property. Contractor shall notify, and obtain prior approval from, the DSHS Contract Oversight and Support Section before settling a claim on the fidelity bond or insurance. Section 14.05 Liability Coverage. For the benefit of DSHS, Contractor shall at all times maintain liability insurance coverage, referred to in Tex. Gov. Code § 2261.102, as "director and officer liability coverage" or similar coverage for all persons in management or governing positions within Contractor's organization or with management or governing authority over Contractor's organization (collectively "responsible persons"). Contractor shall maintain copies of liability policies on site for inspection by DSHS and shall submit copies of policies to DSHS upon request. This section applies to entities that are organized as non-profit corporations under the Texas Non -Profit Corporation Act; for -profit General Provisions (Core Subrecipient) 2015 (Month Day, Year) 26 corporations organized under the Texas Business Corporations Act; and any other legal entity. Contractor shall maintain liability insurance coverage in an amount not less than the total value of this Contract and that is sufficient to protect the interests of Department in the event an actionable act or omission by a responsible person damages Department's interests. Contractor shall notify, and obtain prior approval ftom, the DSHS Contract Oversight and Support Section before settling a claim on the insurance. Section 14.06 Overtime Compensation. Except as provided in this section, Contractor shall be responsible for any obligations of premium overtime pay due employees. Premium overtime pay is defined as any compensation paid to an individual in addition to the employee's normal rate of pay for hours worked in excess of normal working hours. Funds provided under this Contract may be used to pay the premium portion of overtime only under the following conditions: 1) with the prior written approval of DSHS; 2) temporarily, in the case of an emergency or an occasional operational bottleneck; 3) when employees are performing indirect functions, such as administration, maintenance, or accounting; 4) in performance of tests, laboratory procedures, or similar operations that are continuous in nature and cannot reasonably be interrupted or otherwise completed; or 5) when lower overall cost to DSHS will result. Section 14.07 Program Site. Contractor shall provide services only in locations that are in compliance with all applicable local, state and federal zoning, building, health, fire, and safety standards. Section 14.08 Cost Allocation Plan. Contractor shall submit a Cost Allocation Plan in the format provided in the Department's Contractor's Financial Procedures Manual to the Department's Contract Oversight and Support Section, at Mail Code 1326, P.O. Box 149347, Austin, Texas 78714-9347, or by email to inailto:coscap c@r dshs.state.tx.us no later than the 601h calendar day after the effective date of the Contract, except when a Contractor has a current Cost Allocation Plan on file with the Department. Contractor shall implement and follow the applicable Cost Allocation Plan. If Contractor's plan is the same as the plan previously submitted to DSHS, by signing this Contract, Contractor certifies that its current Cost Allocation Plan for the current year is the same as the plan previously submitted. If the Cost Allocation Plan changes during the Contract term, Contractor shall submit a new Cost Allocation Plan to the Contract Oversight and Support Section within thirty (30) calendar days after the effective date of the change. Cost Allocation Plans must comply with the guidelines provided in the Department's Contractor's Financial Procedures Manual located at ham•//www dshs state tx us/contracts/efpm shtm. Section 14.09 No Endorsement. Other than stating the fact that Contractor has a contract with DSHS, Contractor and its subcontractors are prohibited from publicizing the contractual relationship between Contractor and DSHS, and from using the Department's name, logo or website link in any manner that is intended, General Provisions (Core Subrecipient) 2015 (Month Day, Year) 27 or that could be perceived, as an endorsement or sponsorship by DSHS or the State of Texas of Contractor's organization, program, services or product, without the express written consent of DSHS. Section 14.10 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 in accordance with Tex. Gov. Code Chapter 2161 and 34 Tex. Admin. Code § 20.10 et seq. Contractors may obtain a list of HUBS at h�:HwwNvwindow state tr us/procut-emeiit/�roWhub. If Contractor has filed a HUB subcontracting plan, the plan is incorporated by reference in this Contract. If Contractor desires to make a change in the plan, Contractor must obtain prior approval from the Department's HUB Coordinator of the revised plan before proposed changes will be effective under this Contract. Contractor shall make a good faith effort to subcontract with HUBs during the performance of this Contract and shall report HUB subcontract activity to the Department's HUB Coordinator by the 15th day of each month for the prior month's activity, if there was any such activity, in accordance with 34 Tex. Admin. Code § 20.16(b). Section 14.11 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 § 2155.4441. Section 14.12 Contracts with Subrecipient and Vendor Subcontractors. Contractor may enter into contracts with Subrecipient subcontractors unless restricted or otherwise prohibited in a specific Program Attachment(s). Prior to entering into a Subrecipient agreement equaling or exceeding $100,000, Contractor shall obtain written approval from DSHS. Contractor shall establish written policies and procedures for competitive procurement and monitoring of subcontracts and shall produce a subcontracting monitoring plan. Contractor shall monitor subrecipient subcontractors for both financial and programmatic performance and shall maintain pertinent records that must be available for inspection by DSHS. Contractor shall ensure that subcontractors are fully aware of the requirements placed upon them by state/federal statutes, rules, and regulations and by the provisions of this Contract. Contracts with all subcontractors, whether vendor or subrecipient, must be in writing and include the following: a) name and address of all patties and the subcontractor's Vendor Identification Number (VIN) or Employee Identification Number (EIN); b) a detailed description of the services to be provided; c) measurable method and rate of payment and total not -to -exceed amount of the contract; d) clearly defined and executable termination clause; and e) beginning and ending dates that coincide with the dates of the applicable Program Attachment(s) or that cover a term within the beginning and ending dates of the applicable Program Attachment(s). General Provisions (Core Subrecipient) 2015 (Month Day, Year) 28 Contractor is responsible to DSHS for the performance of any subcontractor. Contractor shall not contract with a subcontractor, at any tier, that is debarred, suspended, or excluded from or ineligible for participation in federal assistance programs; or if the subcontractor would be ineligible under the following sections of these General Provisions: Ineligibility to Receive the Contract section (Assurances and Certifications Article); or the Conflict of Interest or Transactions Between Related Parties sections (General Terms Article). Section 14.13 Status of Subcontractors. Contractor shall require all subcontractors to certify that they are not delinquent on any repayment agreements; have not had a required license or certification revoked; and have not had a contract terminated by the Department. Contractors shall further require that subcontractors certify that they have not voluntarily surrendered within the past three (3) years any license issued by the Department. Section 14.14 Incorporation of Terms in Subrecipient Subcontracts. Contractor shall include in all its contracts with Subrecipient subcontractors and solicitations for Subrecipient subcontracts, without modification (except as required to make applicable to the subcontractor), (1) the certifications stated in the Assurances and Certifications Article•, (2) the requirements in the Conflicts of Interest section and the Transaction Between Related Parties section of the General Terms Article; and (3) a provision granting to DSHS, SAO, OIG, and the Comptroller General of the United States, and any of their representatives, the right of access to inspect the work and the premises on which any work is performed, and the right to audit the subcontractor in accordance with the Access and Inspection Article in these General Provisions. Each subrecipient subcontract contract must also include a copy of these General Provisions and a copy of the Statement of Work and any other provisions in the Program Attachment(s) applicable to the subcontract. Contractor shall ensure that all written agreements with subrecipient subcontractors incorporate the terms of this Contract so that all terms, conditions, provisions, requirements, duties and liabilities under this Contract applicable to the services provided or activities conducted by a subcontractor are passed down to that subcontractor. No provision of this Contract creates privity of contract between DSHS and any subcontractor of Contractor. If a subcontractor is unable to certify to any of the statements in Section 14.13 or any of the certifications stated in the Assurances and Certifications Article, Contractor shall submit an explanation to the contract manager assigned to the Program Attachment . If the subcontractor's status with respect to the items certified in Section 14.13 or the assurances stated in the Assurances and Certifications Article changes during the term of this Contract, Contractor shall immediately notify the contract manager assigned to the Program Attachment . Section 14.15 Independent Contractor. Contractor is an independent contractor. Contractor shall direct and be responsible for the performance of its employees, subcontractors, joint venture participants or agents. Contractor is not an agent or employee of the Department or the State of Texas for any purpose whatsoever. For purposes of this Contract, Contractor acknowledges that its employees, subcontractors, joint venture participants or agents will not be eligible for unemployment compensation from the Department or the State of Texas. General Provisions (Core Subrecipient) 2015 (Month Day, Year) 29 Section 14.16 Authority to Bind. The person or persons signing this Contract on behalf of Contractor, or representing themselves as signing this Contract on behalf of Contractor, warrant and guarantee that they have been duly authorized by Contractor to execute this Contract for Contractor and to validly and legally bind Contractor to all of its terms. Section 14.17 Tax Liability. Contractor shall comply with all state and federal tax laws and is solely responsible for filing all required state and federal tax forms and making all tax payments. If the Department discovers that Contractor has failed to remain current on a liability to the IRS, this Contract will be subject to remedies and sanctions under this Contract, including immediate termination at the Department's discretion. If the Contract is terminated under this section, the Department will not enter into a contract with Contractor for three (3) years from the date of termination. Section 14.18 Notice of Organizational Change. Contractor shall submit written notice to the contract manager assigned to the Program Attachment within ten (10) business days of any change to the Contractor's name; contact information; key personnel, officer, director or partner; organizational structure, such as merger, acquisition or change in form of business; legal standing; or authority to do business in Texas. A change in Contractor's name and certain changes in organizational structure require an amendment to this Contract in accordance with the Amendments section of these General Provisions. Section 14.19 Quality Management. Contractor shall comply with quality management requirements as directed by the Department. Section 14.20 Equipment. 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. Contractors shall inventory all equipment, and report the inventory on the Contractors Property Inventory Form as required under Section 14.23. Contractor shall initiate the purchase of all equipment approved in writing by DSHS, in the first quarter of the Contract or Program Attachment term, as applicable. Failure to timely initiate the purchase of equipment may result in the loss of availability of funds for the purchase of equipment. Requests to purchase previously approved equipment after the first quarter of the Program Attachment must be submitted to the contract manager assigned to the Program Attachment. Section 14.21 Supplies. Supplies are defined as consumable items necessary to cant' 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. Tangible personal property includes controlled assets, including firearms, regardless of the acquisition cost, and the following assets with an acquisition cost of $500 or more, but less than General Provisions (Core Subrecipient) 2015 (Month Day, Year) 30 $5,000: desktop and laptop computers (including notebooks, tablets and similar devices), non - portable printers and copiers, emergency management equipment, communication devices and systems, medical and laboratory equipment, and media equipment are also considered Supplies. Prior approval by DSHS of the purchase of controlled assets is not required, but such purchases must be reported on the Contractors Property Inventory Form as detailed under Section 14.23. Section 14.22 Changes to Equipment List. All items of equipment to be_purchased with funds under this Contract must be itemized in Contractor's equipment list as finally approved by the Department in the executed Contract. Any changes to the approved equipment list in the executed Contract must be approved in writing by Department prior to the purchase of equipment. Contractor shall submit to the contract manager assigned to the Program Attachment, a written description including complete product specifications and need justification prior to purchasing any item of unapproved equipment. If approved, Department will acknowledge its approval by means of a written amendment or by written acceptance of Contractor's Contract Revision Request, as appropriate; or, in the case of minor changes to Contractor's approved equipment list, by email in accordance with the Contractor's Financial Procedures Manual. Section 14.23 Property Inventory and Protection of Assets. Contractor shall maintain an inventory of equipment, supplies defined as controlled assets, and property described in the Other Intangible Property section of Article XIII and submit an annual cumulative report of the equipment and other property on Contractor's Property Inventory Report to the Department's Contract Oversight and Support Section, Mail Code 1326, P.O. Box 149347, Austin, Texas 78714-9347, no later than October 15al of each year. The report is located on the DSHS website at littp://www.dSlIS.State.tX.Lis/coiitracts/forins.slitni. Contractor shall maintain, repair, and protect assets under this Contract to assure their full availability and usefulness. If Contractor is indemnified, reimbursed, or otherwise compensated for any loss of, destruction of, or damage to the assets provided or obtained under this Contract, Contractor shall use the proceeds to repair or replace those assets. Section 14.24 Bankruptcy. In the event of bankruptcy, Contractor shall sever Department property, equipment, and supplies in possession of Contractor from the bankruptcy, and title must revert to Department. If directed by DSHS, Contractor shall return all such property, equipment and supplies to DSHS. Contractor shall ensure that its subcontracts, if any, contain a specific provision requiring that in the event the subcontractor's bankruptcy, the subcontractor must sever Department property, equipment, and supplies in possession of the subcontractor from the bankruptcy, and title must revert to Department, who may require that the property, equipment and supplies be returned to DSHS. Section 14.25 Title to Property. At the conclusion of the contractual relationship between the Department and Contractor, for any reason, title to any remaining equipment and supplies purchased with funds under this Contract General Provisions (Core Subrecipient) 2015 (Month Day, Year) 31 reverts to Department. Title may be transferred 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 14.26 Property Acquisitions. Department funds must not be used to purchase buildings or real property. Any costs related to the initial acquisition of the buildings or real property are not allowable. Section 14.27 Disposition of Property. Contractor shall follow the procedures in the American Hospital Association's (AHA's) "Estimated Useful Lives of Depreciable Hospital Assets" in disposing, at any time during or after the Contract term, of equipment purchased with the Department funds, except when federal or state statutory requirements supersede or when the equipment requires licensure or registration by the state, or when the acquisition price of the equipment is equal to or greater than $5,000. All other equipment not listed in the AHA reference (other than equipment that requires licensure or registration or that has an acquisition cost equal to or greater than $5,000) will be controlled by the requirements of UGMS. If, prior to the end of the useful life, any item of equipment is no longer needed to perform services under this Contract, or becomes inoperable, or if the equipment requires licensure or registration or had an acquisition price equal to or greater than $5,000, Contractor shall request disposition approval and instructions in writing from the contract manager assigned to the Program Attachment. After an item reaches the end of its useful life, Contractor shall ensure that disposition of any equipment is in accordance with Generally Accepted Accounting Principles, and any applicable federal guidance. Section 14.28 Closeout of Equipment. At the end of the term of a Program Attachment that has no additional renewals or that will not be renewed (Closeout) or when a Program Attachment is otherwise terminated, Contractor shall submit to the contract manager assigned to the Program Attachment, an inventory of equipment purchased with Department funds and request disposition instructions for such equipment. All equipment purchased with Department funds must be secured by Contractor at the time of Closeout or termination of the Program Attachment and must be disposed of according to the Department's disposition instructions, which may include return of the equipment to DSHS or transfer of possession to another DSHS contractor, at Contractor's expense. Section 14.29 Assets as Collateral Prohibited. Contractors on a cost reimbursement payment method shall not encumber equipment purchased with Department funds without prior written approval from the Department. ARTICLE XV GENERAL TERMS Section 15.01 Assignment. Contractor shall not transfer, assign, or sell its interest, in whole or in part, in this Contract, or in any equipment purchased with funds from this Contract, without the prior written consent of the Department. General Provisions (Core Subrecipient) 2015 (Month Day, Year) 32 Section 15.02 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, either directly or indirectly, to support the enactment, repeal, modification, or adoption of any law, regulation or policy at any level of government, or to pay the salary or expenses of any person related to any activity designed to influence legislation, regulation, policy or appropriations pending before Congress or the state legislature, or for influencing or attempting to influence an officer or employee of any federal or state agency, a member of Congress, an officer or employee of Congress, or an employee of a member of Congress in connection with the awarding of any contract or the extension, continuation, renewal, amendment, or modification of any contract (31 USC § 1352 and UGMS). If at any time this Contract exceeds $100,000 of federal funds, Contractor, shall file with the contract manager assigned to the Program Attachment a declaration containing the name of any registrant under the Lobbying Disclosure Act of 1995 who has made lobbying contacts on behalf of Contractor in connection with this Contract, a certification that none of the funds provided by Department have been or will be used for payment to lobbyists, and disclosure of the names of any and all registered lobbyists with whom Contractor has an agreement. Contractor shall file the declaration, certification, and disclosure at the time of application for this Contract; upon execution of this Contract unless Contractor previously filed a declaration, certification, or disclosure form in connection with the award; and at the end of each calendar quarter in which any event occurs that materially affects the accuracy of the information contained in any declaration, certification, or disclosure previously filed. Contractor shall require any person who requests or receives a subcontract to file the same declaration, certification, and disclosure with the contract manager assigned to the Program Attachment. Contractor shall also comply, as applicable, with the lobbying restrictions and requirements in 2 CFR Part 230 (OMB Circulars A-122), Appendix B paragraph 25; 2 CFR Part 225 (A-87) Appendix B section -24; 2 CFR §215.27 (A-110) and 2 CFR Part 220 (A-21) Appendix A, subsection J.17 and J.28. Contractor shall include this provision in any subcontracts. Section 15.03 Conflict of Interest. Contractor represents to the Department that it and its -subcontractors, if any, do not have nor shall Contractor or its subcontractors knowingly acquire or retain, any financial or other interest that would conflict in any manner with the performance of their obligations under this Contract. Potential conflicts of interest include, but are not limited to, an existing or potential business or personal relationship between Contractor (or subcontractor), its principal (or a member of the principal's immediate family), or any affiliate or subcontractor and the Department or HHSC, their commissioners or employees, or any other entity or person involved in any way in any project that is the subject of this Contract. Contractor shall establish safeguards to prohibit employees and subcontractors and their employees from using their positions for a purpose that constitutes or presents the appearance of personal or organizational conflict of interest or personal gain. If, at any time during the term of this Contract, Contractor or any of its subcontractors has a conflict of interest or potential conflict of interest, Contractor shall disclose the actual or potential conflict of interest to the contract manager assigned to the Program Attachment within ten (10) days of when Contractor becomes aware of the existence of the actual or potential conflict of interest. Contractor shall require each of its subcontractors to report to Contractor any conflict of interest or potential conflict of General Provisions (Core Subrecipient) 2015 (Month Day, Year) 33 interest the subcontractor has or may have within ten (10) days of when the subcontractor becomes aware of the actual or potential conflict of interest. Section 15.04 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. A related party is a person or entity related to Contractor by blood or marriage, common ownership or any association that permits either to significantly influence or direct the actions or policies of the other. 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 Contractor. Contractor shall submit to the contract manager assigned to the Program Attachment the name, address and telephone number of the related party, how the party is related to Contractor and the work the related party will perform under this Contract. Contractor shall comply with Tex. Gov. Code Chapter 573. Contractor shall maintain records and supply any additional information requested by the Department, regarding a transaction between related parties, needed to enable the Department to determine the appropriateness of the transaction pursuant to applicable state or federal law, regulations or circulars, which may include 45 CFR part 74, OMB Circ. No. A-110, 2 CFR § 215.42, and UGMS. Section 15.05 Intellectual Property. Tex. Health & Safety Code § 12.020 authorizes DSHS to protect intellectual property developed as a result of this Contract. a) "Intellectual property" means created property that may be protected under copyright, patent, or trademark/service mark law. b) For purposes of this Contract intellectual property prepared for DSHS use, or a work specially ordered or commissioned through a contract for DSHS use is "work made for hire." DSHS owns works made for hire unless it agrees otherwise by contract. To the extent that title and interest to any such work may not, by operation of law, vest in DSHS, or such work may not be considered a work made for hire, Contractor irrevocably assigns the rights, title and interest therein to DSHS. DSHS has the right to obtain and hold in its name any and all patents, copyrights, registrations or other such protections as may be appropriate to the subject matter, and any extensions and renewals thereof. Contractor shall give DSHS and the State of Texas, as well as any person designated by DSHS and the State of Texas, all assistance required to perfect the rights defined herein without charge or expense beyond those amounts payable to Contractor for goods provided or services rendered under this Contract. c) If federal funds are used to finance activities supported by this Contract that result in the production of intellectual property, the federal awarding agency reserves a royalty -free, nonexclusive, and irrevocable license to reproduce, publish, or otherwise use, and to authorize others to use, for federal government purposes (1) the copyright in any intellectual property developed under this Contract, including any subcontract; and (2) any rights of copyright to which a Contractor purchases ownership with contract finds. Contractor shall place an acknowledgment of federal awarding agency grant support and a disclaimer, as appropriate, on any publication written or published with such support and, if feasible, on any publication reporting the results of or describing a grant -supported activity. An acknowledgment must 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 General Provisions (Core Subrecipient) 2015 (Month Day, Year) 34 and do not necessarily represent the official views of the (federal awarding a eg ncy_)." d) If the terms of a federal grant award the copyright to Contractor, DSHS reserves a royalty -free, nonexclusive, worldwide and irrevocable license to reproduce, publish or otherwise use, and to authorize others to use, for DSHS, public health, and state governmental noncommercial purposes (1) the copyright, trademark, service mark, and/or patent on an invention, discovery, or improvement to any process, machine, manufacture, or composition of matter; products; technology; scientific information; trade secrets; and computer software, in any work developed under a grant, subgrant, or contract under a grant or subgrant; and (2) any rights of copyright, service or trademarks or patents to which a grantee, subgrantee or a Contractor purchases ownership with contract funds. e) If the results of the contract performance are subject to copyright law, Contractor cannot publish those results without prior review and approval of DSHS. Contractor shall submit requests for review and approval to the contract manager assigned to the Program Attachment. Section 15.06 Other Intangible Property. At the conclusion of the contractual relationship between Department and Contractor, for any reason, Department shall have the sole ownership rights and interest in all non-copyrightable intangible property that was developed, produced or obtained by Contractor as a specific requirement under this Contract or under any grant that funds this Contract, such as domain names, URLs, software licenses with a value of $500 or more, etc. Contractor shall inventory all such non-copyrightable intangible property. Contractor shall cooperate with Department and perform all actions necessary to transfer ownership of such property to the Department or its designee, or otherwise affirm Department's ownership rights and interest in such property. This provision will survive the termination or expiration of this Contract. Section 15.07 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 sarne extent and effect as if never incorporated, but all other provisions will continue. The Parties represent and agree that the language contained in this Contract is to be construed as jointly drafted, proposed and accepted. Section 15.08 Legal Notice. A ny notice required or permitted to be given by the provisions of this Contract will be deemed to have been received by a Party on the third business day after the date on which it was mailed to the Party at the address specified by the Party to the other Party in writing or, if sent by certified mail, on the date of receipt. Section 15.09 Successors. This Contract will be binding upon the Parties and their successors and assignees, except as expressly provided in this Contract. General Provisions (Core Subrecipient) 2015 (Month Day, Year) 35 Section 15.10 Headings. The articles and section headings used in this Contract are for convenience of reference only and will not be construed in any way to define, limit or describe the scope or intent of any provisions. Section 15.11 Parties. The Parties represent to each other that they are entities fully familiar with transactions of the kind reflected by the contract documents, and are capable of understanding the terminology and meaning of their terms and conditions and of obtaining independent legal advice pertaining to this Contract. Section 15.12 Survivability of Terms. Termination or expiration of this Contract or a Program Attachment for any reason will not release either Party from any liabilities or obligations in this Contract that (a) the Parties have expressly agreed will survive any such termination or expiration, or (b) remain to be performed or (c) by their nature would be intended to be applicable following any such termination or expiration. Section 15.13 Direct Operation. At the Department's discretion, the Department may temporarily assume operations of a Contractor's program or programs funded under this Contract when the continued operation of the program by Contractor puts at risk the health or safety of clients and/or participants served by Contractor. Section 15.14 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 15.15 Amendment. The 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 Request for Revision to Certain Contract Provisions section of this Article. Contractor's request for certain budget revisions or other amendments must be submitted in writing, including a justification for the request, to the contract manager assigned to the Program Attachment; and if a budget revision or amendment is requested during the last quarter of the Contract or Program Attachment term, as applicable, Contractor's written justification must include a reason for the delay in making the request. Revision or other amendment requests may be granted at the discretion of DSHS. Except as otherwise provided in this Article, Contractor shall not perform or produce, and DSHS will not pay for the performance or production of, different or additional goods, services, work or products except pursuant to an amendment of this Contract that is executed in compliance with this section; and DSHS will not waive any term, covenant, or condition of this Contract unless by amendment or otherwise in compliance with this Article. General Provisions (Core Subrecipient) 2015 (Month Day, Year) 36 Section 15.16 Contractor's Notification of Change to Certain Contract Provisions. The following changes may be made to this Contract without a written amendment or the Department's prior approval: a) contractor's contact person and contact information; b) contact information for key personnel, as stated in Contractor's response to the Solicitation Document, if any; c) cumulative budget transfers that exceed 25% among direct cost categories, other than the equipment category, of cost reimbursement contract Program Attachments of less than $100,000, provided that the total budget amount is unchanged (This subsection does not apply to contracts funded by funding sources that have different percentage requirements); d) minor corrections or clarifications to the Contract language that in no way alter the scope of work, objectives or performance measures; and e) a change in Contractor's share of the budget concerning non-DSHS funding other than program income and match, regardless of the amount of the change, provided that in changing the budget, Contractor is not supplanting DSHS funds. Contractor within ten (10) calendar days shall notify in writing the contract manager assigned to the Program Attachment of any change enumerated in this section, but the contract will not be amended. The notification may be by letter, fax or email. Except for contracts funded by funding sources that have different percentage requirements, cumulative budget line item transfers of 25% or less among direct cost categories, other than equipment, of cost reimbursement contracts of any amount do not require written amendment or prior approval or notification. Section 15.17 Contractor's Request for Revision of Certain Contract Provisions. A Contractor's Revision Request is an alternative method for amending certain specified provisions of this Contract that is initiated by Contractor, but must be approved by DSHS. The following amendments to this Contract may be made through a Contractor's Revision Request, rather than through the amendment process described in the Amendment section of this Article: a) cumulative budget transfers among direct cost categories, other than the equipment category, that exceed 25% of Program Attachments of $100,000 or more, provided that the total budget amount is unchanged (This subsection does not apply to contracts funded by funding sources that have different percentage requirements); b) budget transfer to other categories of funds for direct payment to trainees for training allowances; c) change in clinic hours or location; d) change in the equipment list substituting an item of equipment equivalent to an item of equipment on the approved budget; e) changes in the equipment category of a previously approved equipment budget; f) changes specified in applicable OMB Circular cost principles as requiring prior approval, regardless of dollar threshold (e.g., foreign travel expenses, overtime premiums, membership fees; and g) cumulative budget transfers into or out of the equipment category that do not exceed 10% of any Program Attachment, provided that the total budget amount is unchanged (cumulative transfers from or to the equipment category that equal or exceed 10% of any Program Attachtnent require an amendment to this Contract as described in the Amendment section of this Article). In order to request a revision of any of the enumerated provisions, Contractor shall request the change in writing from their assigned contract manager. A separate Contractor Revision Request is required for each Program Attachment to be revised. Circumstances of a requested contract revision may General Provisions (Core Subrecipient) 2015 (Month Day, Year) 37 indicate the need for an amendment described in the Amendment section of this Article rather than a contract revision amendment under this section. Section 15.18 Immunity Not Waived. The Parties expressly agree that no provision of this contract is in any intended to constitute a waiver by Department or the State of Texas of any immunities from suit or from liability that Department or the State of Texas may have by operation of law. Section 15.19 Hold Harmless and Indemnification. Contractor, as an independent contractor, agrees to hold Department, the State of Texas, individual state employees and officers, and the federal government harmless and to indemnify them from any and all liability, suits, claims, losses, damages and judgments; and to pay all costs, fees, and damages to the extent that such costs, fees, and damages arise from performance or nonperformance of Contractor, its employees, subcontractors, joint venture participants or agents under this Contract. Section 15.20 Waiver. Acceptance by either Party of partial performance or failure to complain of any action, non -action or default under this Contract will not constitute a waiver of either Party's rights under this Contract. Section 15.21 Electronic and Information Resources Accessibility and Security Standards. (a) This section applies if the Contract requires the Contractor to procure or develop Electronic and Information Resources (EIR) for DSHS, or to change any of DSHS' EIR. This section also applies if the Contract requires the Contractor to perform a service or supply goods that include EIR that (i) DSHS employees are required to use or permitted access to; or (ii) Members of the public are required or permitted to access. This section does not apply to incidental uses of EIR in the performance of a contract, unless the parties agree that the EIR will become property of the state or will be used by DSHS clients after completion of the Contract. Nothing in this section is intended to prescribe the use of particular designs or technologies or to prevent the use of alternative technologies, provided they result in substantially equivalent or greater access to and use of a product/service. (b) Definitions. 1. "Accessibility Standards" means the Electronic and Information Resources Accessibility Standards in 1 TAC Chapter 213, and the Web Site Accessibility Standards/Specifications in 1 TAC Chapter 206. 2. "Electronic and Information Resources" means information resources, including information resources technologies, and any equipment or interconnected system of equipment that is used in the creation, conversion, duplication, or delivery of data or information. The term includes, but is not limited to, telephones and other General Provisions (Core Subrecipient) 2015 (Month Day, Year) 38 telecommunications products, information kiosks, transaction machines, Internet websites, multimedia resources, and office equipment, including copy machines and fax machines. 3. "Electronic and Information Resources Accessibility Standards means the accessibility standards for electronic and information resources contained in Volume 1 Texas Administrative Code chapter 213. 4. "Web Site Accessibility Standards/Specifications" means standards contained in Volume 1 Texas Administrative Code Chapter 206. 5. "Products" means information resources technologies that are, or are related to, EIR. (c) Accessibility Requirements. Under Texas Government Code Chapter 2054, Subchapter M, and implementing rules of the Department of Information Resources (DIR), DSHS must procure Products that comply with the Accessibility Standards when such Products are available in the commercial marketplace or when such Products are developed in response to a procurement solicitation. Accordingly, Contractor must provide electronic and information resources and associated Product documentation and technical support that comply with the Accessibility Standards. (d) Evaluation, Testing and Monitoring. 1. DSHS may review, test, evaluate and monitor Contractor's Products and associated documentation and technical support for compliance with the Accessibility Standards. Review, testing, evaluation and monitoring may be conducted before and after the award of a contract. Testing and monitoring may include user acceptance testing. Neither (1) the review, testing (including acceptance testing), evaluation or monitoring of any Product; nor (2) the absence of such review, testing, evaluation or monitoring, will result in a waiver of the State's right to contest the Contractor's assertion of compliance with the Accessibility Standards. 2. Contractor agrees to cooperate fully and provide DSHS and its representatives timely access to Products, records, and other items and information needed to conduct such review, evaluation, testing and monitoring. (e) Representations and Warranties. 1. Contractor represents and warrants that (i) as of the effective date of the Contract, the Products and associated documentation and technical support comply with the Accessibility Standards as they exist at the time of entering the Contract, unless and to the extent the Parties otherwise expressly agree in writing; and (ii) if the Products will be in the custody of the state or a DSHS client after the Contract expiration or termination, the Products will continue to comply with such Accessibility Standards after the expiration or termination of the Contact term, unless DSHS and/or client, as applicable, uses the Products in a manner that renders it noncompliant. 2. In the event Contractor should have known, becomes aware, or is notified that the Product and associated documentation and technical support do not comply with the Accessibility Standards, Contractor represents and warrants that it will, in a timely manner and at no cost to DSHS, perform all necessary steps to satisfy the Accessibility Standards, including but not limited to remediation, replacement, and upgrading of the Product, or providing a suitable substitute. 3. Contractor acknowledges and agrees that these representations and warranties are essential inducements on which DSHS relies in awarding this Contract. General Provisions (Core Subrecipient) 2015 (Month Day, Year) 39 4. Contractor's representations and warranties under this subsection will survive the termination or expiration of the Contract and will remain in full force and effect throughout the useful life of the Product. (f) Remedies. I. Pursuant to Texas Government Code §2054.465, neither Contractor nor any other person has cause of action against DSHS for a claim of a failure to comply with Texas Government Code Chapter 2054, Subchapter M, and rules of the Department of Information Resources. 2. In the event of a breach of Contractor's representations and warranties, Contractor will be liable for direct and consequential damages and any other remedies to which DSHS may be entitled. This remedy is cumulative of any and all other remedies to which DSHS may be entitled under this Contract and other applicable law. Section 15.22 Force Majeure. Neither Party will be liable for any failure or delay in performing all or some of its obligations, as applicable, under this Contract if such failure or delay is due to any cause beyond the reasonable control of such Party, including, but not limited to, extraordinarily severe weather, strikes, natural disasters, fire, civil disturbance, epidemic, war, court order, or acts of God. The existence of any such cause of delay or failure will extend the period of performance in the exercise of reasonable diligence until after the cause of the delay or failure no longer exists and, if applicable, for any reasonable period of time thereafter required to resume performance. A Party, within a period of time reasonable under the circumstances, must inform the other by any reasonable method (phone, email, etc.) and, as soon as practicable, must submit written notice with proof of receipt, of the existence of a force majeure event or otherwise waive the right as a defense to non-performance. Section 15.23 Interim Contracts. The Parties agree that the Contract and/or any of its Program Attachments will automatically continue as an "Interim Contract" beyond the expiration date of the term of the Contract or Program Attachment(s), as applicable, under the following circumstances: (1) on or shortly prior to the expiration date of the Contract or Program Attachment, there is a state of disaster declared by the Governor that affects the ability or resources of the DSHS contract or program staff managing the Contract to complete in a timely manner the extension, renewal, or other standard contract process for the Contract or Program Attachment; and (2) DSHS makes the determination in its sole discretion that an Interim Contract is appropriate under the circumstances. DSHS will notify Contractor promptly in writing if such a determination is made. The notice will specify whether DSHS is extending the Contract or Program Attachment for additional time for Contractor to perform or complete the previously contracted goods and services (with no new or additional funding) or is purchasing additional goods and services as described in the Program Attachment for the term of the Interim Contract, or both. The notice will include billing instructions and detailed information on how DSHS will fund the goods or services to be procured during the Interim Contract term. The Interim Contract will terminate thirty (30) days after the disaster declaration is terminated unless the Parties agree to a shorter period of time. General Provisions (Core Subrecipient) 2015 (Month Day, Year) 40 Section 15.24 Cooperation and Communication. Contractor shall cooperate with Department staff and, as applicable, other DSHS contractors, and shall promptly comply with requests from DSHS for information or responses to DSHS inquiries concerning Contractor's duties or responsibilities under this Contract. ARTICLE XVI BREACH OF CONTRACT AND REMEDIES FOR NON- COMPLIANCE Actions Constituting Breach of Contract. Actions or inactions that constitute breach of contract include, but are not limited to, the following: a) failure to properly provide the services and/or goods purchased under this Contract; b) failure to comply with any provision of this Contract, including failure to comply with all applicable statutes, rules or regulations; c) failure to pay refunds or penalties owed to the Department; d) failure to comply with a repayment agreement with the DSHS or agreed order issued by DSHS; e) failure by Contractor to provide a full accounting of funds expended under this Contract; 1) discovery of a material misrepresentation in any aspect of Contractor's application or response to the Solicitation Document; g) any misrepresentation in the assurances and certifications in Contractor's application or response to the Solicitation Document or in this Contract; or h) Contractor is on or is added to the Excluded Parties List System (EPLS). Section 16.02 General Remedies and Sanctions. The Department will monitor Contractor for both programmatic and financial compliance. The remedies and sanctions in this section are available to the Department against Contractor and any entity that subcontracts with Contractor for provision of services or goods. HHSC OIG may investigate, audit and impose or recommend imposition of remedies or 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 remedies or sanctions on a case -by -case basis. Contractor is responsible for complying with all of the terms of this Contract. The listing of or use of one or more of the remedies or sanctions in this section does not relieve Contractor of any obligations under this Contract. A state or federal statute, rule or regulation, or federal guideline will prevail over the provisions of this Article unless the statute, rule, regulation, or guideline can be read together with the provision(s) of this Article to give effect to both. If Contractor breaches this Contract by failing to comply with one or more of the terms of this Contract, including but not limited to compliance with applicable statutes, rules or regulations, the Department may take one or more of the following actions: a) terminate this Contract or a Program Attachment of this Contract as it relates to a specific program type. In the case of termination, the Department will inform Contractor of the termination no less than thirty (30) calendar days before the effective date of the termination in a notice of termination, except for circumstances that require immediate termination as described in the Emergency Action section of this Article. The notice of termination will state the effective date of the termination, the reasons for the termination, and, if applicable, alert Contractor of the opportunity to request a hearing on the termination pursuant to Tex. Gov. Code Chapter 2105 regarding administration of Block Grants. Contractor shall not make any claim for payment or reimbursement for services provided from the effective date of termination; General Provisions (Core Subrecipient) 2015 (Month Day, Year) 41 b) suspend all or part of this Contract. Suspension is an action taken by the Department in which the Contractor is notified to temporarily (1) discontinue performance of all or part of the Contract, and/or (2) discontinue incurring expenses otherwise allowable under the Contract as of the effective date of the suspension, pending DSHS's determination to terminate or amend the Contract or permit the Contractor to resume performance and/or incur allowable expenses. Contractor shall not bill DSHS for services performed during suspension, and Contractor's costs resulting from obligations incurred by Contractor during a suspension are not allowable unless expressly authorized by the notice of suspension; c) deny additional or future contracts with Contractor; d) reduce the funding amount for failure to 1) provide goods and services as described in this Contract or consistent with Contract performance expectations, 2) achieve or maintain the proposed level of service, 3) expend funds appropriately and at a rate that will make full use of the award, or 4) achieve local match, if required; e) disallow costs and credit for matching funds, if any, for all or part of the activities or action not in compliance; 1) temporarily withhold cash payments. Temporarily withholding cash payments means the temporary withholding of a working capital advance, if applicable, or reimbursements or payments to Contractor for proper charges or obligations incurred, pending resolution of issues of noncompliance with conditions of this Contract or indebtedness to the United States or to the State of Texas; Section 16.03 Notice of Remedies or Sanctions. Department will formally notify Contractor in writing when a remedy or sanction is imposed (with the exception of accelerated monitoring, which may be unannounced), stating the nature of the remedies and sanction(s), the reasons for imposing them, the corrective actions, if any, that must be taken before the actions will be removed and the time allowed for completing the corrective actions, and the method, if any, of requesting reconsideration of the remedies and sanctions imposed. Other than in the case of repayment or recoupment, Contractor is required to file, within fifteen (15) calendar days of receipt of notice, a written response to Department acknowledging receipt of such notice. If requested by the Department, the written response must state how Contractor shall correct the noncompliance (corrective action plan) or demonstrate in writing that the findings on which the remedies or sanction(s) are based are either invalid or do not warrant the remedies or sanction(s). If Department determines that a remedy or sanction is warranted, unless the remedy or sanction is subject to review under a federal or state statute, regulation, rule, or guideline, Department's decision is final. Department will provide written notice to Contractor of Department's decision. If required by the Department, Contractor shall submit a corrective action plan for DSHS approval and take corrective action as stated in the approved corrective action plan. If DSHS determines that repayment is warranted, DSHS will issue a demand letter to Contractor for repayment. If full repayment is not received within the time limit stated in the demand letter, and if recoupment is available, DSHS will recoup the amount due to DSHS from funds otherwise due to Contractor under this Contract. Section 16.04 Emergency Action. In an emergency, Department may immediately terminate or suspend all or part of this Contract, temporarily or permanently withhold cash payments, deny future contract awards, or delay contract execution by delivering written notice to Contractor, by any verifiable method, stating the reason for the emergency action. An "emergency" is defined as the following: General Provisions (Core Subrecipient) 2015 (Month Day, Year) 42 a) Contractor is noncompliant and the noncompliance has a direct adverse effect on the public or client health, welfare or safety. The direct adverse effect may be programmatic or financial and may include failing to provide services, providing inadequate services, providing unnecessary services, or using resources so that the public or clients do not receive the benefits contemplated by the scope of work or performance measures; or b) Contractor is expending funds inappropriately. Whether Contractor's conduct or noncompliance is an emergency will be determined by Department on a case -by -case basis and will be based upon the nature of the noncompliance or conduct. ARTICLE XVII CLAIMS AGAINST THE DEPARTMENT Section 17.01 Breach of Contract Claim. The process for a breach of contract claim against the Department provided for in Tex. Gov. Code Chapter 2260 and implemented in Department Rules §§ 4.11- 4.24 will be used by DSHS and Contractor to attempt to resolve any breach of contract claim against DSHS. Section 17.02 Notice. Contractor's claims for breach of this Contract that the Parties cannot resolve in the ordinary course of business must be submitted to the negotiation process provided in Tex. Gov Code Chapter 2260, subchapter B. To initiate the process, Contractor shall submit written notice, as required by subchapter B, to DSHS's Office of General Counsel. The notice must specifically state that the provisions of Chapter 2260, subchapter B, are being invoked. A copy of the notice must also be given to all other representatives of DSHS and Contractor. Subchapter B is a condition precedent to the filing of a contested case proceeding under Tex. Gov. Code Chapter 2260, subchapter C. Section 17.03 Sole Remedy. The contested case process provided in Tex. Gov. Code Chapter 2260, subchapter C, is Contractor's sole and exclusive process for seeking a remedy for any and all alleged breaches of contract by DSHS if the Parties are unable to resolve their disputes under this Article. Section 17.04 Condition Precedent to Suit. Compliance with the contested case process provided in Tex. Gov. Code Chapter 2260, subchapter C, is a condition precedent to seeking consent to sue from the Legislature under Tex. Civ. Prac. & Rem. Code Chapter 107. Neither the execution of this Contract by DSHS nor any other conduct of any representative of DSHS relating to this Contract will be considered a waiver of sovereign immunity to suit. Section 17.05 Performance Not Suspended. Neither the occurrence of an event nor the pendency of a claim constitutes grounds for the suspension of performance by Contractor, in whole or in part. General Provisions (Core Subrecipient) 2015 (Month Day, Year) 43 ARTICLE XVIII TERMINATION AND TEMPORARY Section 18.01 Expiration of Contract or Program Attachment(s). Except as provided in the Survivability of Terms section of the General Terms Article, Contractor's service obligations stated in each Program Attachment will end upon the expiration date of that Program Attachment unless extended or renewed by written amendment. Prior to completion of the term of all Program Attachments, all or a part of this Contract may be terminated with or without cause under this Article. Section 18.02 Effect of Termination. Termination is the permanent withdrawal of Contractor's authority to obligate previously awarded funds before that authority would otherwise expire or the voluntary relinquishment by Contractor of the authority to obligate previously awarded funds. Contractor's costs resulting from obligations incurred by Contractor after termination of an award are not allowable unless expressly authorized by the notice of termination. Upon termination of this Contract or Program Attachment, as applicable, Contractor shall cooperate with DSHS to the fullest extent possible to ensure the orderly and safe transfer of responsibilities under this Contract or Program Attachment, as applicable, to DSHS or another entity designated by DSHS. Upon termination of all or part of this Contract, Department and Contractor will be discharged from any further obligation created under the applicable terms of this Contract or the Program Attachment, as applicable, except for the equitable settlement of the respective accrued interests or obligations incurred prior to termination and for Contractor's duty to cooperate with DSHS, and except as provided in the Survivability of Terms section of the General Terms Article. Termination does not however, constitute a waiver of any remedies for breach of this Contract In addition Contractor's obligations to retain records and maintain confidentiality of information will survive this Contract. Section 18.03 Acts Not Constituting Termination. Termination does not include the Department's (1) withdrawal of funds awarded on the basis of Contractor's underestimate of the unobligated balance in a prior period; (2) withdrawal of the unobligated balance at the expiration of the term of a Program Attachment; (3) refusal to extend a Program Attachment or award additional funds to make a competing or noncompeting continuation, renewal, extension, or supplemental award; (4) non -renewal of a contract or Program Attachment at Department's sole discretion; or (5) voiding of a contract upon determination that the award was obtained fraudulently, or was otherwise illegal or invalid from inception. Section 18.04 Termination or Temporary Suspension Without Cause. a) Either Party may terminate this Contract or a Program Attachment, as applicable, with at least thirty (30) calendar days prior written notice to the other Party, except that if Contractor seeks to terminate a Contract or Program Attachment that involves residential client services, Contractor shall give the Department at least ninety (90) calendar days prior written notice and shall submit a transition plan to ensure client services are not disrupted. General Provisions (Core Subrecipient) 2015 (Month Day, Year) 44 b) The Parties may terminate this Contract or a Program Attachment by mutual agreement.. c) DSHS may temporarily suspend or terminate this Contract or a Program Attachment if funds become unavailable through lack of appropriations, budget cuts, transfer of funds between programs or health and human services agencies, amendments to the Appropriations Act, health and human services consolidations, or any disruption of current appropriated funding for this Contract or Program Attachment. Contractor will be notified in writing of any termination or temporary suspension or of any cessation of temporary suspension. Upon notification of temporary suspension, Contractor shall discontinue performance under the Contract as of the effective date of the suspension, for the duration of the suspension. d) Department may terminate this Contractor a Program Attachment immediately when, in the sole determination of Department, termination is in the best interest of the State of Texas. Section 18.05 Termination For Cause. Either Party may terminate for material breach of this Contract with at least thirty (30) calendar days written notice to the other Party. Department may terminate this Contract, in whole or in part, for breach of contract or for any other conduct that jeopardizes the Contract objectives, by giving at least thirty (30) calendar days written notice to Contractor. Such conduct may include one or more of the following: a) Contractor has failed to adhere to any laws, ordinances, rules, regulations or orders of any public authority having jurisdiction; b) Contractor fails to communicate with Department or fails to allow its employees or those of its subcontractor to communicate with Department as necessary for the performance or oversight of this Contract; c) Contractor breaches a standard of confidentiality with respect to the services provided under this Contract; d) Department determines that Contractor is without sufficient personnel or resources to perform under this Contract or that Contractor is otherwise unable or unwilling to fulfill any of its requirements under this Contract or exercise adequate control over expenditures or assets; e) Department determines that Contractor, its agent or another representative offered or gave a gratuity (e.g., entertainment or gift) to an official or employee of DSHS or HHSC for the purpose of obtaining a contract or favorable treatment; 1) Department determines that this Contract includes financial participation by a person who received compensation from DSHS to participate in developing, drafting or preparing the specifications, requirements or statement(s) of work or Solicitation Document on which this Contract is based in violation of Tex. Gov. Code § 2155.004; or Department determines that Contractor was ineligible to receive this Contract under Tex. Gov. Code §§ 2155.006 or 2261.053 related to certain disaster response contracts; g) Contractor appears to be financially unstable. Indicators of financial instability may include one or more of the following: 1) Contractor fails to make payments for debts; 2) Contractor makes an assignment for the benefit of its creditors; 3) Contractor admits in writing its inability to pay its debts generally as they become due; 4) if judgment for the payment of money in excess of $50,000 (that is not covered by insurance) is rendered by any 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, or (d) if the execution is stayed, 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 General Provisions (Core Subrecipient) 2015 (Month Day, Year) 45 be stayed during such appeal while providing such reserves for the judgment as maybe 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 portion of the property of Contractor, and such writ or warrant of attachment or any similar process is not released or bonded within thirty (30) calendar days after its issuance; 6) Contractor is adjudicated bankrupt or insolvent; 7) Contractor files a case under the Federal Bankruptcy Code or seeks relief under any provision of any bankruptcy, reorganization, arrangement, insolvency, readjustment of debt, dissolution, receivership or liquidation law of any jurisdiction then in effect, or consents to the filing of any case or petition against it under any such law; 8) any property or portion of the 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 of the sequestration; 9) a petition is filed against Contractor tinder any state reorganization, arrangement, insolvency, readjustment of debt, dissolution, receivership or liquidation law of any jurisdiction then in effect, and the petition is not dismissed within thirty (30) calendar days; or 10) Contractor consents to the appointment of a receiver, trustee, or liquidator of Contractor or of all or any part of its property; h) Contractor's management system does not meet the UGMS management standards; or i) Any required license, certification, permit, registration or approval required to conduct Contractor's business or to perform services under this Contract is not obtained or is revoked, is surrendered, expires, is not renewed, is inactivated or is suspended. Section 18.06 Notice of Termination. Either Party may deliver written notice of intent to terminate by any verifiable method. If either Party gives notice of its intent to terminate all or a part of this Contract, Department and Contractor shall attempt to resolve any issues related to the anticipated termination in good faith during the notice period. ARTICLE XIX VOID, SUSPENDED, AND TERMINATED CONTRACTS Section 19.01 Void Contracts. Department may void this Contract upon determination that the award was obtained fraudulently or was otherwise illegal or invalid from its inception. Section 19.02 Effect of Void, Suspended, or Involuntarily Terminated Contract. A Contractor who has been a party to a contract with DSHS that has been found to be void, or is suspended, or is terminated for cause is not eligible for Any renewal or increase of funding for an existing contract, or new contracts or renewals until, in the case of suspension or termination, 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 to the Contractor is subject to recoupment by DSHS. General Provisions (Core Subrecipient) 2015 (Month Day, Year) 46 Section 19.03 Appeals Rights. Pursuant to Tex. Gov. Code § 2105.302, after receiving notice from the Department of termination of a contract with DSHS funded by block grant funds, Contractor may request an administrative hearing under Tex. Gov. Code Chapter 2001. ARTICLE XX CLOSEOUT Section 20.01 Cessation of Services At Closeout. Upon expiration of this 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 upon expiration or prior to expiration, as necessary, to ensure the orderly and safe transfer of responsibilities under this Contract to DSHS or another entity designated by DSHS. Upon receiving notice of Contract or Program Attachment termination or non -renewal, Contractor shall immediately begin to effect an orderly and safe transition of recipients of services to alternative service providers, as needed. Contractor also shall 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 services performed 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 (with no renewal) or non -renewal of this Contract or a Program Attachment, Contractor shall immediately initiate Closeout activities described in this Article. Section 20.02 Administrative Offset. The Department has the right to administratively offset amounts owed by Contractor against billings. Section 20.03 Deadline for Closeout. Contractor shall submit all financial, performance, and other Closeout reports required under this Contract within forty-five (45) calendar days after the Contract or Program Attachment end date. Unless otherwise provided under the Final Billing Submission section of the Payment Methods and Restrictions Article, the Department is not liable for any claims that are not received within forty-five (45) calendar days after the Contract or Program Attachment end date. Section 20.04 Payment of Refunds. Any funds paid to Contractor in excess of the amount to which Contractor is finally determined to be entitled under the terms of this Contract constitute a debt to the Department and will result in a refund due, which Contractor shall pay within the time period established by the Department. General Provisions (Core Subrecipient) 2015 (Month Day, Year) 47 Section 20.05 Disallowances and Adjustments. The Closeout of this Contract or Program Attachment does not affect the Department's right to disallow costs and recover funds on the basis of a later audit or other review or Contractor's obligation to return any funds due as a result of later refunds, corrections, or other transactions. General Provisions (Core Subrecipient) 2015 (Month Day, Year) 48 Certification Regarding Lobbying Organization Name: Calhoun County Health Department Contract Number: 2015-000020-00 For contracts greater than $100,000, this attachment is applicable and must be signed as part of the contract agreement. CERTIFICATION REGARDING LOBBYING CERTIFICATION FOR CONTRACTS, GRANTS, LOANS AND COOPERATIVE AGREEMENTS The undersigned certifies, to the best of his or her knowledge and belief that: (1) No federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or an employee of any agency, a member of congress, an officer or employee of congress, or an employee of a member of congress in connection with the awarding of any federal contract, the making of any federal grant, the making of any federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any federal contract, grant, loan, or cooperative agreement. (2) If any funds other than federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a member of congress federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit, an officer or employee of congress, or an employee of a member of congress in connection with this Standard Form-11, "Disclosure Form to Report Lobbying," in accordance with its instructions. (3) The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans and cooperative agreements) and that all subrecipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section 1352, Title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. E Applicable E Non -Applicable Q 7 Y Signature of Authorized Individual Date Fiscal Federal Funding Accountability and Transparency Act (FFATA) Certification The certifications enumerated below represent material facts upon which DSHS relies when reporting information to the federal government required under federal law. If the Department later determines that the Contractor knowingly rendered an erroneous certification, DSHS may pursue all available remedies in accordance with Texas and U.S. law. Signor further agrees that it will provide immediate written notice to DSHS if at any time Signor learns that any of the certifications provided for below were erroneous when submitted or have since become erroneous by reason of changed circumstances. If the Signor cannot certify all of the statements contained in this section, Signor must provide written notice to DSHS detailing which of the below statements it cannot certify and why. Organization Name: Calhoun County Health Department Address: 117 W ASH ST City: PORT LAVACA State: TX Zip Code (9 digit): 77979- 2912 Payee Name: Calhoun County Treasurer Address: 202 S ANN ST STE B City: PORT LAVACA State: TX Vendor identification No: 17460006509 024 Payee DUNS No: 087309324 Zip Code (9 digit): 77979-4204 MailCode 024 1. Did your organization have a gross income, from all sources, of more than $300,000 in your previous tax year? E Yes F, No 2. Certification Regarding % of Annual Gross from Federal Awards. Did your organization receive 80% or more of its annual gross revenue from federal awards during the preceding fiscal year? E Yes E No 3. Certification Regarding Amount of Annual Gross from Federal Awards. Did your organization receive $25 million or more in annual gross revenues from federal awards in the preceding fiscal year? C Yes E No Identify contact persons for FFATA Correspondence. FFATA Contact Person #1 Name: Cindy Mueller Email: cindy.mueller@calhouncotx.org Telephone: (361) 553-4610 FFATA Contact Person #2 Name: Bain C. Cate, M.D. Email: bcate@vctx.org Telephone: (361) 552-9721 As the authorized representative of the Organization, I hereby certify that the statements made by me in this certification form are true, complete and correct to the best of my knowledge. p1 Signature of Authorized Individual Date TEXAS DEPARTMENT OF MOTOR VEHICLES IMPOSITION OF OPTIONAL FEES: Commissioner Galvan made a motion to stay with the same amount for Texas Department of Motor Vehicles imposition of optional fees. Commissioner Fritsch seconded his motion. Commissioners Galvan, Lyssy, Fritsch, Finster and Judge Pfeifer all voted in favor. Susan Riley From: Texas DMV <TXDMV@public.govdelivery.com> Sent: Thursday, July 10, 2014 10:40 AM To: susan.riley@calhouncotx.org Subject: Calendar Year 2015 Optional County Fees Texas Department off. Motor Vehicles HELPING TEXANS GO, HELPING TEXAS GROW. Please review the attached information regarding the calendar year 2015 optional county fees. We ask that you provide your response by Friday, August 22, 2014, to allow time for the necessary programming. Thank you, Tim Thompson, Deputy Director Vehicle Titles and Registration Division Texas Department of Motor Vehicles Attachments If you have any comments or suggestions concerning this Vehicle Titles and Registration communication process, please contact your local Texas Department of Motor Vehicles Regional Service Center. • Imposition of Optional Fees Ltr 2014 New County Fees Chartpf • Form to ;iudaes for CY 2015.pdf Tl-,xas Department; q( Nlotor Vehicles STAY CONNECTED IR 4 K3 SHARE SUBSCRIBER SERVICES: Preferences Help Unsubscribe Contact Us Texas Departnient of Motor Vehicles HELPING fLXANS GO HELPINC3 TEXAS GROW, July 10, 2014 The Honorable County Judge Re: Imposition of Optional Fees Your Honor County commissioner's courts are statutorily required to notify the Texas Department of Motor Vehicles (TxDMV) each year regarding the imposition or removal of optional fees. Notice must be made to the TxDMV by September 1 with the new fees taking effect on January 1. This letter and attachments will provide you information on how to submit Calendar Year 2015 notification to the TxDMV. The following is a brief description of the local optional fees from Chapter 502 of the Transportation Code: County Road and Bridge Fee (Section 502.401): • may not exceed $10; • fees collected must be credited to the county road and bridge fund Child Safety Fee (Section 502.403): • not less than 50 cents or more than $1.50; • revenue must be used for school crossing guard services; remaining funds must be used for programs to enhance child safety, health, or nutrition, including child abuse intervention and prevention and drug and alcohol abuse prevention Transportation Project Fee (Section 502.402) applies to Bexar, Cameron, El Paso, Hidalgo, and Webb counties only: • may not exceed $10 unless approved by majority of qualified voters in accordance with Texas Transportation Code 504.402 (b-1); • revenue must be used for long-term transportation projects that are consistent with the purposes specified by Section 7-a, Article VIJI, Texas Constitution Please complete the attached form, Imposition of Optional Fees, and return it to the TxDMV. If your county will keep the same optional fees for calendar year 2015, complete OPTION A. If your county will change any fees, complete OPTION B and return the form with a scanned electronic copy of the Commissioners Court Order. Deadline: Please return the form on or before Friday, August 22, 2014, by email to DM Vs Opiiona[CountyFeeUpdates((i)TxDMV.eov or fax at (512) 467-5909. If you have any questions, please contact Anita Orr, Vehicle Titles and Registration, Registration Services, at (512) 465-1346. Thank you for your timely response. Sincerely, Tim Thompson, Deputy Director Vehicle Titles and Registration Division cc: County Tax Assessor -Collectors 4000 JAGKSON AVENUE. At)STIN, TEXAS 78731 I 0 612.4858000 + 688.388.4689 (gSS-DMVGOTX) * F htl 4ti5.8098 www.TxDMV.gov Calendar Year 2014 Optional Fees by County Road S Child Trans Road 8 Child Trans Road'% Child Trans Road & Child Trans County Bridge Safety Project County Bragg. safety Project County Bridge Safety Prvdead County Bridge Safety Pmject ANDERSON $1000 DIMMIT $1000 $1,50 KARNES $10,00 REAGAN $10.00 ANDREWS $7,00 DONLEY $10,00 KAUFMAN $10,00 $1L0 REAL $1000 ANGELINA $1000 DUVAL $1000 KENDALL $1000 $1.00 RED RIVER $10.00 ARANSAS $10,00 EASTIAND $10.00 KENEDY $0.00 REEVES $IT00 ARCHER $1000 ECTOR $10.00 KENT $000 REFUGIO $10.00 ARMSTRONG $1000 EDWARDS $10.00 $100 KERR $1000 ROBERTS $5.00 ATASCOSA $1000 ELLIS $10.00 KIMBLE $1000 ROBERTSON $10.00 $1,50 AUSTIN $1000 EL PASO $10.00 $IOTO KING $0,00 ROCKWALL $1000 BAILEY $10.00 ERATH $10.00 KINNEY $10SO RUNNELS $10.00 BANDERA $low FALLS $1000 KLEBERG $10.00 RUSK $10.00 BASTROP $10.00 FANNIN $10.00 KNOX $1000 SABINE $10.00 51.00 BAYLOR $10.00 FAYETTE $10.00 LAMAR $1000 SANAUGUSTME $10.00 $1.50 BEE $1000 FISHER $10.00 LAMB $1000 SAN JACINTO $1000 $1.50 BELL $10,00 SIAS FLOYD $10.00 LAMPASAS $1000 $150 SAN PATRICK) $10BO $1.50 BEXAR $10,00 $1.50 $1000 FOARD $10.00 LA SALLE $10.0 SAN SABA $1000 BLANCO $10.00 $1.50 FORTBEND $10.00 SILO LAVACA $1000 SCHLEICHER $10.00 BORDEN $0.00 FRANKLIN $100D LEE $1000 SCURRY $1000 BOSOUE $1000 FREESTONE $1000 LEON $10.00 SHACKELFORD $1000 BOWIE $/0.00 FRIO $too $150 LIBERTY $10.00 SHELBY $1000 $1.50 BRAZORIA $10.00 GAINES $000 LIMESTONE $10.00 SHERMAN $10.00 BRAZOS $1000 $150 GALVESTON $10A0 LIPSCOMB $10.00 SMITH $10.00 51.50 BREWSTER $1000 GARZA $10SO LIVE OAK $10,00 80MERVELL $5.00 BRISCOE $1000 GILLESPIE $10,00 $1,50 LLANO $10.00 $0,75 STARR $1000 BROOKS $1000 $1.50 GLASSCOCK $1000 LOVING $0.00 STEPHENS $10.00 BROWN $10.00 GOLIAD $1000 LUBBOCK $10,00 STERLING $0.00 BURLESON $1000 GONZALES $1000 LYNN $10.00 STONEWALL $10.00 BURNET $10,00 GRAY $10.00 MADISON $10.00 SUTTON $10SO CALDWELL $1000 GRAYSON $10.00 MARION $10.00 SWISHER $10,00 CALHOUN $10.00 GREGG $9.00 MARTIN $10.00 TARRANT $10.00 CALLAHAN $1000 GRIMES $10.00 MASON $1000 TAYLOR $10.00 CAMERON $10.00 $10.00 GUADALUPE $10.00 $L50 MATAGORDA $1000 TERRELL $5,00 CAMP $10.00 $0,50 HALE $100o MAVERICK $1000 $1,50 TERRY $1000 CARSON $10.00 HALL $10.00 MCCULLOCH $1000 $1.50 THROCKMORTON $10.00 CASS $10.00 HAMILTON $10.00 MCLENNAN $1000 $1,50 TITUS $10.00 CASTRO $10.00 LANSFORD $10,00 MCMULLEN $000 TOM GREEN $1000 $1.50 CHAMBERS $100D $1.00 HARDEMAN $10,00 MEDINA $10.00 TRAVIS $10.00 $1.50 CHEROKEE $10.00 HARDIN $1000 MENARD $10.00 $150 TRINITY $100D $i 50 CHILDRESS $1000 HARRIS $1000 $1.50 MIDLAND $1000 WEER $100D $I00 CLAY $10.00 HARRISON $10.00 MIAM $10.00 UPSHUR $100o COCHRAN $10,00 HARTLEY $10.00 MILLS $1000 UPTON $500 COKE $10.00 HASKELL $10.00 MITCHELL $1000 UVALDE $10TO COLEMAN $10,00 HAYS $10.00 MONTAGUE $10.00 VALVERDE $10,00 COLLIN $10.DD $L50 HEMPHILL $5.00 MONTGOMERY $1000 VAN ZANDT $10.00 $1.50 COLLINGSWORTH $10.00 HENDERSON $10.00 MOORE $IBM VICTORIA $10SO COLORADO $10.00 HIDALGO $10.00 $10.00 MORRIS S10.00 WALKER $10,00 COMAL $10.00 $15O HILL $1000 MOTLEY $1000 WALKER $1000 COMANCHE $10.00 HOCKLEY $10.00 NACOGDOCHES $10I0 WARD $0,00 CONCHO $10.00 HOOD $1000 NAVARRO $10.00 WASHINGTON $10,00 COOKE $10.00 HOPKINS $10.00 NEWTON $10.00 WEBB $1000 $10.00 CORYELL $10.0 HOUSTON $1000 NOIAN $10.00 WHARTON $10.00 COTTLE $10.00 HOWARD $1000 NUECES $10.00 WHEELER $5,00 $150 CRANE $0.00 HUDSPETH $1000 OCHILTREE $1000 WICHITA $10.00 CROCKETT $5.00 HUNT $1000 $1,00 OLDHAM $1000 WILBARGER $10.00 CROSBY $IBM HUTCHINSON $100D ORANGE $10.00 WILIAOY $10.00 CULDERSON $10.00 IRION $10.00 PALO PINTO $10.00 WILLIAMSON $10.00 $150 DALIAM $10.00 JACK $10TO PANOIA $0,00 WILSON $10.00 DALLAS $1000 JACKSON $100o PARKER $10.00 WINKLER $7.50 DAWSON $1000 JASPER fiUmBa FARMER $10.00 WISE Slow DEAF SMITH $1000 JEFF DAMS $10,00 $1.50 PECOS $10.00 WOOD $10.00 DELTA $1000 JEFFERSON $10SO POLK $1000 $1.50 YOAKUM $10.00 DENTON $1000 $1.50 JIM HOGG $10,00 $1.50 POTTER $10.00 YOUNG $10.00 DEWITT $1000 JIM WELLS $1000 $1.50 PRESIDIO $10TO ZAPATA $IBM $1.50 DICKENS $10.00 JOHNSON $10,00 $1.50 RAINS $10.00 $1.50 ZAVAIA $1000 $150 JONES $10.00 RANDALL $10,00 NOTE: Fees are authorized by statute in the Texas Transportation Coda: Road and Bridge Fee, Sec, 502,401; Child Safety Fee, Sec, 502 403; Transportation Pmject Fee, Sera 502,402 (applicable only to Boxer, Cameron, El Paso, Hidalgo and Webb counties). fli[yzilit Texas Department of Motor Veh ides Imposition of Optional Fees Calendar Year 2015 INSTRUCTIONS: Complete and return this form (including court orders, if required) to the TxDMV via email, DMV OptionalCountyFeeUpdates@TxDMV.gov, or fax (512) 467-5909. Please submit as soon as possible, but no later than Friday, August 22, 2014. County Name: CALHOUN COUNTY SELECT ONLY ONE OPTION BELOW: ® OPTION A No change. This county will charge the same fees in 2015. " Submit this form to TxDMV. A copy of the commissioners court order is NOT required. OR - OPTION B The commissioners court has approved fee changes for 2015. Enter amounts for each fee, even those that did not change. Enter zero (0) where applicable. Calendar Year 2015 fees to be collected by your county: Road and Bridge Feed $ Child Safety Fee: $ Transportation Project Fee (applicable to Bexar, Cameron, El Paso, Hidalgo and Webb counties only): $ Total Fees to be collected for 2015: $ For Option B, submit this form and a photocopy of the commissioners court order. Thank you, we appreciate your participation! PUBLIC HEARING ON THE MATTER OF AMENDING THE 2014 CALHOUN COUNTY BUDGETS: OPEN PUBLIC HEARING: 10:08 A.M. Candace Faltesek Villarreal with the Calhoun County Auditor's Office spoke in regards to amending the 2014 Calhoun County Budget amendments. CLOSED PUBLIC HEARING: 10:13 A.M. NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN that Calhoun County Commissioners' Court will hold a public hearing in the Commissioners' Courtroom, 211 S. Ann Street, in Port Lavaca, Texas, at 10:00 a.m. on July 24, 2014 on the matter of amending the 2014 Calhoun County Budgets. The public shall have the right to be present and participate in such hearing. Michael J. Pfeifer Calhoun County Judge w w Mao 02y� m m C R = J _® =Qj (D EZ W ,=WW Z _ 6 Z o i�fi j IY lL a UL \ k\ 5■: : § $«: )& �! e � ■ / \§ \0 | « L =U) az.»uj Q ;\0 § M} a 0 w ��§f � \).ujo E UJ Z 09 t I s.: z sa 7 kK.k It / o� \ k � k / � § \■ / )6 2�° <, � � k 4 ■a § 0 lL = W h z = ED 0 5 =Z m W W U = lu uW '_ 2 N =Z El- =Z W=1Y Z Z = W =Z Z Z a °C' `. h O 'H J =Z Z W a =d U =C' =0 O =Z a =ui a _Z LU G CQ = 19 z €a =W Im F m a i _ w W00 = ear Z Z � gZ 9 =F z W = H = Q _IL W _ O = Ul =Q` =Z Wiz. UJ = Q d W a v a 3 e� Z Z -f lL = a =W = = 0. O 5 Y = '= o 3 =_ = a W o C7 O = =F a m > a _W -� z O 3 =_O a W =W M V t =_a m o 1 _ W Z _ Z LU I% -� -~ Z Z W W Z Z v® Q Q 4: rn a a m / Iwo ) q = IL § ■ \§ B §s ) \ § \\\2 }\ \§ k L � $: : Q d § $t\§ a �§ o \� Z 19 �■� z \M �� \Lu k k LL \ q 7 Q \ � \ k\ - k R 2 MATTER OF AMENDING THE 2014 CALHOUN COUNTY BUDGETS: A motion to approve matter of amending the 2014 Calhoun County Budgets was made by Commissioner Lyssy and seconded by Commissioner Fritsch. Commissioners Galvan, Lyssy, Fritsch, Finster and Judge Pfeifer all voted in favor. REPORTS OF THE FOLLOWING COUNTY OFFICES: Judge Pfeifer made a motion to accept the June 2014 County Clerk's report, June 2014 Justice of the Peace #1, #2 & #4 report, June 2014 Adult Detention Center Inmate Cost Comparison report and the 2013 Calhoun County Public Library Meeting Room Annual Usage Report for Port Lavaca and Seadrift Branch. Commissioner Fritsch seconded his motion. Commissioners Galvan, Lyssy, Fritsch, Finster and Judge Pfeifer all voted in favor. ANITA FRICKE - COUNTY CLERK MONTHLY REPORT RECAPITULATION OFFICE FUND - JUNE 2014 CIVIL FUNDS County Fees County Clerks Fees Recording $20,688.35 Probate 280.00 Civil 360.00 Total County Clerks Fees $21,328.35 Judge's Fees Probate 46.00 Civil 0.00 Total Judge's Fees 46.00 Probate Fees (Education Fees) 35.00 Sheriffs Fees 200.00 Jury Fees 22.00 Law Library Fees 560.00 Beer Licenses 0.00 Appellate Fund (TGC) 95.00 Court Reporter Fees 240.00 Civil Indigent Fees 190.00 Record Management Fees (County Clerk) 5,645.50 Record Management Fees (County) 190.00 Security Fees (County) 673.00 Bond Forfeitures 0.00 Subtotal County Fees $29,224.85 State Fees Judicial Funds (CV$738.00 + PR$574.00) 1,312.00 Marriage License Fees 235.00 Birth Certificate Fees 122.40 Total State Fees 30,894.25 SUBTOTAL Overpmt of Filing Fees to be Refunded by Co. Clk. TOTAL CIVIL FUNDS COLLECTED CRIMINAL FUNDS Total Criminal Court Costs & Fines & Pre -Trial Diversion TOTAL FUNDS RECEIVED (As per ACS Report) Bank Interest Earned Less Refunds for Overpayment of Filing Fees Plus Re -Deposit of NSF Checks (Not recorded In ACS) Less NSF Checks (Not recorded in ACS) $40,536.10 TOTAL FUNDS RECEIVED ADJUSTED FUNDS RECEIVED $0.00 Co. Clerk Check AMOUNT DUE COUNTY TREASURER $40,636.10 ANITA FRICKE - COUNTY CLERK MONTHLY REPORT RECAPITULATION (con't) OFFICE FUND - JUNE 2014 CK# Payable To Description Amount $0.00 $0.00 TOTAL DISBURSEMENTS $0.00 CASH ON HAND, OFFICE FUND BANK RECONCILIATION, OFFICE FUND Beginning Book Balance--- - _ - Ending Bank Balance - - _- Funds Received Outstanding Deposits" Disbursements Outstanding Checks" Plus Redeposit of NSF Checks Plus Other Items** Less NSF Checks Less Other Items** Ending Book Balance $0.00 Reconciled Bank Balance $0.00 CASH ON HAND, TRUST FUND BANK RECONCILIATION, TRUST FUND Beginning Book Balance $60,418.80 Ending Bank Balance $60,413.80 Funds Received Outstanding Deposits" 0.00 Disbursements/inactive fee (5.00) Outstanding Checks** 0.00 Ending Book Balance $60,413.80 Reconciled Bank Balance $60,413.80 **See Attached i SUBMITTED BY: Anita Fricke, County Clerk ACCEPTED BY: Mihae J. elfWCounty Judge ENTER COURT NAME: JUSTICE OF PEACE NO. 1 ENTER MONTH OF REPORT JUNE ENTER YEAR OF REPORT 2014 CODE AMOUNT - CASH BONDS 0.00 Revised 9/18/13 ADMINISTRATION FEE-ADMF 0.00 BREATH ALCOHOL TESTING - BAT 0.00 CONSOLIDATED COURT COSTS -OCC 2,142.60 COURTHOUSE SECURITY - OHS 213.92 CJP 0.00 CIVIL JUSTICE DATA REPOSITORY FEE -CJDR 2.53 CORRECTIONAL MANAGEMENT INSTITUTE -CMI 0.00 OR 0.00 CHILD SAFETY - CS 0.00 CHILD SEATBELT FEE- CSBF 0.00 CRIME VICTIMS COMPENSATION - CVC 0.00 DPSC/FAILURE TO APPEAR -OMNI -DPSC 98.23 ELECTRONIC FILING FEE -EEF 0.00 FUGITIVE APPREHENSION - FA 0.00 GENERAL REVENUE - OR 0.00 CRIM - IND LEGAL SVCS SUPPORT- IDF 106.99 JUVENILE CRIME & DELINQUENCY -JCD 0.00 JUVENILE CASE MANAGER FUND -JCMF 0.08 JUSTICE COURT PERSONNEL TRAINING -JCPT ODD JUSTICE COURT SECURITY FUND -JCSF 0.00 JUROR SERVICE FEE -JSF 213.92 LOCAL ARREST FEES - LAF 77.15 LEMI 0.00 LEDA 0.00 LEDO 0.00 OCL 0.00 PARKS& WILDLIFE ARREST FEES -PWAF 0,00 STATE ARREST FEES - SAF 190.32 SCHOOL CROSSING/CHILD SAFETY FEE - SCF 0.00 SUBTITLE C -SUBC 1,094.58 TABCARREST FEES-TAF ODD TECHNOLOGYFUND-TF 213.92 TRAFFIC -TFC 109.36 TIME PAYMENT -TIME 159.31 TRUANCY PREVENTION/DIVERSION FUND -TPDF 90.70 LOCAL & STATE WARRANT FEES - WRNT 363.84 COLLECTION SERVICE FEE-MVSA-CSRV 734.99 DEFENSIVE DRIVING COURSE -DOC 57.30 DEFERRED FEE - OFF 209.80 DRIVING EXAM FEE- PROV DL OAD FILING FEE -FFEE 300.00 FILING FEE SMALL CLAIMS - FFSC 0.00 JURY FEE -JF 0.00 COPIESICERTIFED COPIES - CC 0.00 ' INDIGENT FEE -CIFF or INDF 72.00 JUDGE PAY RAISE FEE -JPAY 354.28 SERVICE FEE -SFEE 225.00 OUT -OF -COUNTY SERVICE FEE 0.00 ELECTRONIC FILING FEE - EEF CV 120.00 EXPUNGEMENT FEE -EXPG 0.00 EXPIRED RENEWAL -EXPR 90.00 ABSTRACT OF JUDGEMENT -AOJ 0.00 ALLWRITS-WOP/WOE 0.00 CPS ETA FINE - DPSF 0.00 LOCAL FINES - FINE 4,286.40 LICENSE & WEIGHT FEES- LWF 0.00 PARKS & WILDLIFE FINES -PWF 200.00 SEATBELT/UNRESTRAINED CHILD FINE - SEAT ODD - OVERPAYMENT ($10&OVER) -OVER 0.00 ' OVERPAYMENT (LESS THAN $10) - OVER 1.00 RESTITUTION - REST 0.00 PARKS & WILDLIFE -WATER SAFETY FINES-WSF 0.00 MARINE SAFETY PARKS & WILDLIFE - MSOl 0.00 TOTAL ACTUAL MONEY RECEIVEDI $11,728.20 TYPE: AMOUNT TOTAL WARRANT FEES 363.84 ENTER LOCAL WARRANT FEES 18.37 RECORD ON TOTAL PAGE OF HILL COUNTRY SOFTWARE MO. REPORT STATE WARRANT FEES $345.47 RECORDON TOTALPAGEOF HILL COUNTRY SOFTWARE MO. REPORT DUE TO OTHERS: AMOUNT DUE TO CCISD-50% of Fine on JV cases 0.00 PLEASEINCLUDE D.R. REQUESTING DISBURSEMENT DUE TO CA RESTITUTION FUND 0.00 PLEASE INCLUDE DR. REQUESTING DISBURSEMENT REFUND OF OVERPAYMENTS 1 0.00 PLEASE INCLUDE DR. REQUESTING DISBURSEMENT OUT -OF -COUNTY SERVICE FEE 0.00 PLEASE INCLUDE DR REQUESTING DISBURSEMENT IPUEABEINCUUOE CASH BONDS 0.00 D.R. REQUESTING DISBURSEMENT (IF REQUIRED) TOTAL DUE TO OTHERS $0.00 TREASURERS RECEIPTS FOR MONTH: AMOUNT CASH, CHECKS, M.O.s & CREDIT CARDS I $117728.20 Calculate from ACTUAL Treasurer's Receipts TOTAL TREAS, RECEIPTS $11,728.20 MONTHLY REPORT OF COLLECTIONS AND DISTRIBUTIONS 7/7/2014 COURT NAME: JUSTICE OF PEACE NO. 1 MONTH OF REPORT: JUNE YEAR OF REPORT: 2014 ACCOUNT NUMBER ACCOUNTNAME AMOUNT CR 1000-001-45011 FINES 4,316.40 CR 1000-001-44190 SHERIFF'S FEES 524.15 ADMINISTRATIVE FEES: DEFENSIVE DRIVING 57.30 CHILD SAFETY 0.00 TRAFFIC 109.36 ADMINISTRATIVE FEES 299.80 EXPUNGEMENT FEES 0.00 MISCELLANEOUS 0.00 CR 1000-001-44361 TOTAL ADMINISTRATIVE FEES 466.46 CR 1000-001-44010 CONSTABLE FEES -SERVICE 225.00 CR 1000-001-44061 JP FILING FEES 300.00 CR 1000-001-44090 COPIES / CERTIFIED COPIES 0.00 CR 1000-001-49110 OVERPAYMENTS (LESS THAN $10) 1.00 CR 1000-001-44145 SCHOOL CROSSING/CHILD SAFETY FEE 0.00 CR 1000-999-20741 DUE TO STATE -DRIVING EXAM FEE 0.00 CR 1000-999-20744 DUE TO STATE-SEATBELT FINES 0.00 CR 1000-999-20745 DUE TO STATE -CHILD SEATBELT FEE 0.00 CR 1000-999-20746 DUE TO STATE -OVERWEIGHT FINES 0.00 CR 1000-999-20770 DUE TO JP COLLECTIONS ATTORNEY 734.99 TOTAL FINES, ADMIN. FEES & DUE TO STATE $6,568.00 CR 2670-001-44061 COURTHOUSE SECURITY FUND $160.44 CR 2720-001-44061 JUSTICE COURT SECURITY FUND $53.48 CR 2719-001-44061 JUSTICE COURT TECHNOLOGY FUND $213.92 CR 2699-001-44061 JUVENILE CASE MANAGER FUND $0.06 STATE ARREST FEES DPS FEES 107.16 P&W FEES 0.00 TABC FEES 0.00 CR 7020-999-20740 TOTAL STATE ARREST FEES 107.16 CR 7070-999-20610 CCC-GENERAL FUND 214.26 CR 7070-999-20740 CCC-STATE 1,928.34 DR 7070-999-10010 2,142.60 CR 7860-999-20610 STF/SUBC-GENERAL FUND 54.73 CR 7860-999-20740 STF/SUBC-STATE 1,039.85 DR 7860-999-10010 11094.58 CR 7950-999-20610 TP-GENERAL FUND 79.66 CR 7950-999-20740 TP-STATE 79.65 DR 7950-999-10010 159.31 CR 7480-999-20610 CIVIL INDIGENT LEGAL-GEN. FUND 3.60 CR 7480-999-20740 CIVIL INDIGENT LEGAL -STATE 68.40 DR 7480-999-10010 72.00 Page 1 of 2 MONTHLY REPORT OF COLLECTIONS AND DISTRIBUTIONS 7/7/2014 COURT NAME: JUSTICE OF PEACE NO. 1 MONTH OF REPORT: JUNE YEAR OF REPORT: 2014 CR 7865-999.20610 CRIM-SUPP OF IND LEG SVCS-GEN FUND 10.70 CR 7865-999-20740 CRIM-SUPP OF IND LEG SVCS-STATE 96.29 DR 7865-999.10010 106.99 CR 7970-999-20610 TL/FTA-GENERAL FUND 32.74 CR 7970-999-20740 TL/FTA-STATE 65.49 DR 7970-999-10010 98.23 CR 7505-999-20610 JPAY - GENERAL FUND 35.43 CR 7505-999-20740 JPAY - STATE 318.85 DR 7505-999-10010 354.28 CR 7857-999-20610 JURY REIMB. FUND- GEN. FUND 21.39 CR 7857-999-20740 JURY REIMB. FUND- STATE 192.53 DR 7857-999-10010 213.92 CR 7856-999-20610 CIVIL JUSTICE DATA REPOS.- GEN FUND 0.25 CR 7856-999-20740 CIVIL JUSTICE DATA REPOS.- STATE 2.28 DR 7856-999-10010 2.53 7998-999-20610 TRUANCY PREVENT/DIV FUND - GEN FUND 4.54 7998-999-20740 TRUANCY PREVENT/DIV FUND - STATE 86.17 DR 7998-999-10010 90.70 7403-999-22889 ELECTRONIC FILING FEE - CV STATE 120.00 DR 7403-999-22889 120.00 TOTAL (Distrib Req to OperAcct) $11.558.20 DUE TO OTHERS (Distrib Req Attchd) CALHOUN COUNTY ISD 0.00 DA - RESTITUTION 0.00 REFUND OF OVERPAYMENTS 0.00 OUT -OF -COUNTY SERVICE FEE 0.00 CASH BONDS 0.00 PARKS & WILDLIFE FINES 170.00 WATER SAFETY FINES 0.00 TOTAL DUE TO OTHERS $170.00 TOTAL COLLECTED -ALL FUNDS $11,728.20 LESS: TOTAL TREASUER'S RECEIPTS $11,728.20 Revised 9/18/13 OVER/(SHORT) $0.00 Page 2 of 2 ENTER COURT NAME: JUSTICE OF PEACE NO. 2 ENTER MONTH OF REPORT JUNE ENTER YEAR OF REPORT 2014 CODE AMOUNTr CASH BONDS Revised 09/18/13 ADMINISTRATION FEE -ADMF BREATH ALCOHOL TESTING -BAT CONSOLIDATED COURT COSTS -CCC 3,291.88 COURTHOUSE SECURITY CHS 332.75 CJP' CIVIL JUSTICE DATA REPOSITORY FEE -CJDR 6.17 CORRECTIONAL, MANAGEMENT INSTITUTE - CMI CR CHILD SAFETY- C$ CHILD SEATBELT FEE - CSBF CRIME VICTIMS COMPENSATION - CVC OPSCIFAILURE TO APPEAR -OMNI-DPSC 270.71 ' ELECTRONIC FILING FEE 90.00 FUGITIVE APPREHENSION - FA '. GEINERAL,REVENUE-GR '.CRIM IND LEGAL SVCS SUPPORT -IDF. 166.41 JUVENILE CRIME & DELINQUENCY -JCD JUVENILE CASE MANAGER FUND -JCMF 2.43 JUSTICE COURT PERSONNEL TRAINING - JCPT JUSTICE COURT SECURITY FUND - JCSF JUROR SERVICE FEE -JSF 332.75 LOCAL ARREST FEES -LAF 167.11 LEMI LEOA LEOC OCL PARKS& WILDLIFE ARREST FEES -PWAF 9.46 STATE ARREST FEES -SAF 224.57 SCHOOL CROSSING/CHILD SAFETY FEE - SCF SUBTITLE C-SUBC 1,611.89 TABC ARREST FEES -TAF TECHNOLOGY FUND TF. 332.75 TRAFFIC -TFC 160.97 TIME PAYMENT -TIME 122.40 TRUANCY PREVENITDIVERSION FUND-TPOF 143.44 7OCAL& STATE WARRANT FEES -WRNT 571.18 COLLECTION SERVICE FEE-MVBA-CSRV 678.37 DEFENSIVE DRIVING COURSE -ADC 118.50 DEFERRED FEE -OFF 82130 DRIVING EXAM FEE PROV DL FILING FEE -FFEE 225.00 FILING FEE SMALL CLAIMS - FFSC COPIES/CERTIFED COPIES - CC INDIGENT FEE - CIFForINDF 54.00 ' JUDGE PAY RAISE FEE -JPAY-, 499.06 SERVICE FEE -SFEE 675.00 OUT -OF -COUNTY SERVICE FEE EXPONGEMENT FEE -EXPG EXPIRED RENEWAL -EXPR 2000 S ABSTRACT OF JUDGEMENT -AOJ 5.00 ALL WRITS - WOP / WOE DPS FTA FINE - DPSF LOCALFINES - FINE 5,92221 LICENSE & WEIGHT FEES -LWF 'PARKS&WILDLIFE FINES -PWF 4000 'SEATBELTIUNRESTRA NED CHILD: FINE - SEAT 'OVERPAYMENT ($10 & OVER) - OVER 58.10 * OVERPAYMENT (LESS THAN $10) - OVER RESTITUTION - REST PARKS & WILDLIFE -WATER SAFETY{FINES-WSF 225.00 WCR TOTAL ACTUAL MONEY RECEIVED $17,176.41 TYPE AMOUNT '. TOTAL WARRANT FEES i 571,18 ENTER LOCAL WARRANT FEES 334.39 RECORD ON TOTAL PAGE OF HILL COUNTRY SOFTWARE MO. REPORT STATE WARRANT FEES '- $236,79% RECORD ON TOTAL PAGE OF HILL COUNTRY SOFTWARE MO. REPORT DUE TO OTHERS: AMOUNT DUE 70 CCISD-SO%of Fine on JV cases 0.00 PLEABEINCLUDE D.R.REQUESTING DISBURSEMENT DUE TO DA RESTITUTION FUND 0.00 PLEASEINCLUDE D.R.REQUESTMGDISBURSEMENT REFUND OF OVERPAYMENTS 58.10 PLEASE INCLUDE D.R. REQUESTING DISBURSEMENT OUT -OF -COUNTY SERVICE FEE 0.00 PLEASE INCLUDE DR REQUESTING DISBURSEMENT CASH BONDS PLEASE INCLUDE D.R. REQUESTING DISBURSEMENT (IF REQUIRED) TOTAL DUE TO OTHERS 7 $58,10 TREASURERS RECEIPTS FOR MONTH:: AMOUNT CASH, CHECKS, M.O.s & CREDIT CARDS $17,178.41 lCalculate, from ACTUAL Treasurer's Receipts TOTAL TREAS. RECEIPTS $17,178.41 MONTHLY REPORT OF COLLECTIONS AND DISTRIBUTIONS 7/l/2014 COURT NAME: JUSTICE OF PEACE NO. 2 MONTH OF REPORT: JUNE YEAR OF REPORT: 2014 ACCOUNT NUMBER ACCOUNT NAME AMOUNT CR 1000-001-45012 FINES 5,961.96 CR 1000-001-44190 SHERIFF'S FEES 878.16 ADMINISTRATIVE FEES: DEFENSIVE DRIVING 118.50 CHILD SAFETY 0.00 TRAFFIC 160.97 ADMINISTRATIVE FEES 841.30 EXPUNGEMENT FEES 0.00 MISCELLANEOUS 0.00 CR 1000-001-44362 TOTAL ADMINISTRATIVE FEES 1,120.77 CR 1000-001-44010 CONSTABLE FEES -SERVICE 675.00 CR 1000-001-44062 JP FILING FEES 230.00 CR 1000-001-44090 COPIES / CERTIFIED COPIES 0.00 CR 1000-001-49110 OVERPAYMENTS (LESS THAN $10) 0.00 CR 1000-001-44145 SCHOOL CROSSING/CHILD SAFETY FEE 0.00 CR 1000-999-20741 DUE TO STATE -DRIVING EXAM FEE 0.00 CR 1000-999-20744 DUE TO STATE-SEATBELT FINES 0.00 CR 1000-999-20745 DUE TO STATE -CHILD SEATBELT FEE 0.00 CR 1000-999-20746 DUE TO STATE -OVERWEIGHT FINES 0.00 CR 1000-999-20770 DUE TO JP COLLECTIONS ATTORNEY 678.37 TOTAL FINES, ADMIN. FEES & DUE TO STATE $9,544.26 CR 2670-001-44062 COURTHOUSE SECURITY FUND $249.56 CR 2720-001-44062 JUSTICE COURT SECURITY FUND $83.19 CR 2719-001-44062 JUSTICE COURT TECHNOLOGY FUND $332.75 CR 2699-001-44062 JUVENILE CASE MANAGER FUND $2.43 STATE ARREST FEES DPS FEES 92.27 P&W FEES 1.89 TABC FEES 0.00 CR 7020-999-20740 TOTAL STATE ARREST FEES 94.16 CR 7070-999-20610 CCC-GENERAL FUND 329.19 CR 7070-999-20740 CCC-STATE 2,962.69 DR 7070-999-10010 3,291.88 CR 7860-999-20610 STF/SUBC-GENERAL FUND 80.59 CR 7860-999-20740 STF/SUBC-STATE 1,531.30 DR 7860-999-10010 1,611.89 CR 7950-999-20610 TP-GENERAL FUND 61.20 CR 7950-999-20740 TP-STATE 61.20 DR 7950-999-10010 122.40 CR 7480-999-20610 CIVIL INDIGENT LEGAL-GEN. FUND 2.70 CR 7480-999-20740 CIVIL INDIGENT LEGAL -STATE 51.30 DR 7480-999-10010 54.00 Page 1 of 2 MONTHLY REPORT OF COLLECTIONS AND DISTRIBUTIONS 7/1/2014 COURT NAME: JUSTICE OF PEACE NO. 2 MONTH OF REPORT: JUNE YEAR OF REPORT: 2014 CR 7865-999-20610 CRIM-SUPP OF IND LEG SVCS-GEN FUND 16.64 CR 7865-999-20740 CRIM-SUPP OF IND LEG SVCS-STATE 149.77 DR 7865-999-10010 166.41 CR 7970-999-20610 TL/FTA-GENERAL FUND 90.24 CR 7970-999-20740 TUFTA-STATE 180.47 DR 7970-999-10010 270.71 CR 7505-999-20610 JPAY - GENERAL FUND 49.91 CR 7505-999-20740 JPAY - STATE 449.15 DR 7505-999-10010 499.06 CR 7857-999-20610 JURY REIMB. FUND- GEN. FUND 33.28 CR 7857-999-20740 JURY REIMB. FUND- STATE 299.47 DR 7857-999-10010 332.75 CR 7856-999-20610 CIVIL JUSTICE DATA REPOS.- GEN FUND 0.62 CR 7856-999-20740 CIVIL JUSTICE DATA REPOS.- STATE 5.55 DR 7856-999-10010 6.17 CR 7998-999-20610 TRUANCY PREV/DIV FUND - GEN FUND 71.72 CR 7998-999-20740 TRUANCY PREV/DIV FUND - STATE 71.72 DR 7998-999-10010 143.44 CR 7403-999-22889 ELECTRONIC FILING FEE - STATE 90.00 DR 7403-999-10010 90.00 TOTAL (Distrib Req to OperAcct) $16,895.06 DUE TO OTHERS (Distrib Req Attchd) CALHOUN COUNTY ISD 0.00 DA - RESTITUTION 0.00 REFUND OF OVERPAYMENTS 58.10 OUT -OF -COUNTY SERVICE FEE 0.00 CASH BONDS 0.00 PARKS & WILDLIFE FINES 34.00 WATER SAFETY FINES 191.25 TOTAL DUE TO OTHERS $283.35 TOTAL COLLECTED -ALL FUNDS $17,178.41 LESS: TOTAL TREASUER'S RECEIPTS $17,178.41 Revised 09/18/13 OVER/(SHORT) $0.00 Page 2 of 2 _1 4¢ f' Money Distribution Report JP4 JUDGE POMYRAL, SEADRIFT. MONTHLY REPORT Receipt Cause/Defendant Codes\Amounts Total 3931129 2014-0365 06-01-2014 CS 3.00 CCC 40.00 LAP 5.00 TF 4.00 JCSF 1.00 227.00 VILLARREAL. ALICIA DANIELLE JSF 4.00 IDF 2.00 JPRF 6.00 TP➢F 2.00 FINE 160.00 3931131 2014-0042 06-02-2014 CS 3.00 TFC 3.00 CCC 40.00 LAP 5.00 WRNT 50.00 410.00 PARRA, ANN MARIE TIME 25.00 TF 4.00 SUBC 30.00 DPSC 30.00 JCSF 1.00 Money Order JSF 4.00 IDF 2.00 JPRF 6.00 CJDR 0.10 FINE 206.90 39311322O14 0347 _06 02 2014'. CS 3,00 CCC 40.0o PWAF t5.00 TF-'' 4,06 JCSF 1,00 112,Do HUMPHR6Y, CHRISTOPHER SOHN ;JSF ¢100 IDF= 2,00? JPRF -:6,00 TPDF 2.00 PWF 105.00 Money Order'.: 3931133 2014-0122A 06-02-2014CCC 40.00 CHS 3.00 LAP 5.00 WENT 50.00 TF 4.00 422.00 ASHLEY, DENNIS RANDY DISC 30.00 JCSF 1.00 JSF 4.00 IDF 2.00 FINE 277.00 Credit Card JPRF 6.00 3931135 2013-681 06-03-2014 CS 3.00 TFC 3.00 CCC 40.00 LAY 5.00 WRNT 50,00 270.00 RODRIGUEZ, DANIEL TIME 25.00 IF 4.00 SUBC 30.00 DPSC 30,00 JCSF 1.00 Jail Credit JSF 4.00 IDF 2.00 JPRF __... 6.00 CJDR _.. 0.10 FINE 66.90 3931136 2013 `682 j06 03 2014= CS ........ '3 .00 ...... CCC_90. _.__.. 00 LAP , 5100 WRNT,-,50. 0f3 TIME - 25.00 330[i,00, ROpRIGUEZ, DANIEL -t TH 4,00 DPSC 3D, 00 JCSF €l,0Q JSF 4,00 IDF 71 2,00 Jail Credit ',: , ; JPRF 16,Q0 FINE 16D,Q0 3931137 2013-682A 06-03-2014 CCC 40.00 CHS 3.00 LAP 5.00 WENT 50.00 TF 4.00 422.00 RODRIGUEZ, DANIEL DPSC 30.00 JCSF 1.00 JSF 4.00 IDF 2.00 FINE 277.00 3931139 2013-500A 06-03-2014 CCC 40.00 CHS 3.00 SAP 5.00 WRNT 50.00 TF 4.00 422.00 CUELLAR, FERNANDO DPSC 30.00 JCSF 1.00 JSF 4.00 IDF 2.00 FINE 277.00 Personal Check JPRF 6.00 3931141 2013-724 06-03-2014 CS 1.96 TFC 1.96 CCC 26.14 LAP 3.27 WRNT 32.67 180.00 URESTE, MAYA CAMACHO TIME 16.33 TF 2.61 SUBC 19.60 JCSF 0.65 JSF 2.61 Jail Credit IDF 1.31 JPRF 3.92 CJDR 0.07 FINE 66.90 3931143 2013-751A 06-03-2014 CCC 40.00 CHS 3.00 SAP GANN, JEFFREY WADE JCSF 1.00 JSF 4.00 I➢F Personal Check cc/ SO 3931144 2013-752 'i06-03-2014. CS '3. 28 TFC-. 1,27". CCC: GANN, JEERREY WADE :i TIME 10,56 TF : 1.69! S.pHi Jail Credit` : IDF 0.84 JPRV 2.53 CJD1 3931145 2014-0004 06-03-2014 CS 2.80 CCC 37.14 SAP AVALOS. SANTIAGO JR TF 3.71 JCSF 0.93 JSF 5.00 WRNT 50.00 TF 4.00 392.00 2.00 FINE 277.00 JPRF 6.00 4.64 WENT 46.43 TIME 23.21 230.00 3.71 IDF 1.86 JPRF 5.57 3931148 2013-562 06-03-2014 WRNT 50.00 TIME 25.00 FINE 77.00 152.00 LUNA-TORRES, CESAR I Personal Check 3931150 13657 06-03-2014 CS 3.00 CCC 40.00 LAP 5.00 TF 4.00 JCSF 1.00 315.00 MANG, TRAVIS SCOTT JSF 4.00 IDF 2.00 JPRF 6.00 TPDF 2.00 FINE 248.00 07-03-2014 Page 1 Money Distribution Report JP4 JUDGE POMYKAL, SEADRIFT. MONTHLY REPORT Personal Check Total 3931153 2014-0349 06-03-2014 CS 3.00 TFC 3.00 CCC 40.00 LAF 5.00 TF 4.00 247.00 ARRIAGA, ANDREW ANTHONY SUBC 30.00 JCSF 1.00 JSF 4.00 IDF 2.00 JPRF 6.00 3931155 2014-0246 06-04-2014 FINE 197.00 197.00 RUDELLAT, PETER STERLING 3931157 2013-843 06-09-2014 FINE 10.00 10.00 MAWHORR, BRIAN KEITH 3931159 2014-0330 06-09-2014 CS 3.00 TFC 3.00 CCC 40.00 SAF 5.00 TF 4.00 187.00 BOURGEOIS, NICHOLAS CLARK SUBC 30.00 JCSF 1.00 JSF 4.00 IDF 2.00 JPRF 6.00 3931161 2014-0358 06-09-2014 CS 3.00 TFC 3.00 CCC 40.00 LAP 5,00 TF 4.00 227.00 HINOJOSA, DAMIAN LEE SUBC 30.00 JCSF 1.00 JSF 4.00 IDF 2.00 JPRF 6.00 3931163 2014-0320 06-09-2014 CS 3.00 TFC 3.00 CCC 40.00 LAF 5.00 TF 4.00 137. 00 CHAVEZ, JOEL ISRAEL SUBC 30.00 JCSF 1.00 JSF 4.00 IDF 2.00 JPRF 6.00 Cash CJDR 0.10 TPDF 2.00 FINE 36.90 3931169 2014-.0371 E06 10 2014- CS 3.00 :TFC:3.00; CCC f40,00 LAP 5,00 TF 4,00 -. 247, 00 MORALES GRWORY EDWARP I: SUBC 3':0, 00 JCSF 1,90 JSF 4,00 TPF 2.OQ JPRF 6.00 Money Order:', '; CJDR (Q lq TPDF 2,00';. FINE 146,90 3931165 2013-811 06-10-2014 CS 3.00 CCC 40.00 PWAF 5.00 WRNT 50.00 TIME 25.00 245.00 KLAMM, KEVIN JR TF 4.00 JCSF 1.00 JSF 4.00 IDF 2.00 JPRF 6.00 Jail Credit WSF 105.00 3931167 2014-0201 06-11-2014 CS 2.10 CCC 28.17 PWAF 3.52 WRNT 35.21 TIME 17.61 100.00 CANO-GARZA, NOE TF 2.82 JCSF 0.70 JSF 2.82 IDF 1.41 JPRF 4.23 Cash TIDE 1.41 3931158 2014-0355 06-11-nI4 EXEF TO, 00 10.00 BODES,1 BRITTANY NLCOLE.. Cash 11 3931169 2014-0317 06-11-2014 FINE 77.00 77.00 COLLINS, ARTHUR MIRL 3931171 2009-621 06-16-2014 CCC 40.00 CHS 4.00 SAF 5.00 WRNT 50.00 TIME 25.00 526.50 LOZANO, MARIO A TF 4.00 DPSC 30.00 JCSF 1.00 JSF 3.00 IDF 2.00 Personal Check FINE 235.00 CSRV 121.50 JPRF 6.00 3931173 2014-0374 06-16-2014 CS 3.00 TFC 3.00 CCC 40.00 SAF 5.00 TF 4.00 187.00 ASHER, JEFFREY ALAN SUBC 30.00 JCSF 1.00 JSF 4.00 IDF 2.00 JPRF 6.00 Credit Card CJDR 0.10 TPDF 2.00 FINE 86.90 07-03-2014 Page 2 Money Distribution Report JP4 JUDGE POMYKAL, SEADRIFT. MONTHLY REPORT Receipt Cause/Defendant Codes\Amounts Total 3931175 2014-0016 06-16-2014 CS 3.00 TFC 3.00 CCC 40.00 LAF 5.00 WRNT 50.00 410.00 ALVAREZ, CARLOS ANASTACIO TIME 25.00 TF 4.00 SUBC 30.00 DPSC 30.00 JCSF 1.00 Credit Card JSF 4.00 IDF 2.00 JPRF 6.00 CJDR 0.10 FINE 206.90 3931177 2014-0366 06-17-2014 CS 3.00 TFC 3.00 CCC 40.00 SAF 5.00 TF 4.00 307.00 GARZA, RAYMUNDO III SUBC 30.00 JCSF 1.00 JSF 4.00 I➢F 2.00 JPRF 6.00 3931179 2014-0276 06-17-2014 CS 3.00 TFC 3.00 CCC 40.00 SAF 5.00 TIME 25.00 332.00 DEFOREST, LEVI JACOB TF 4.00 SUBC 30.00 JCSF 1.00 JSF 4.00 IDF 2.00 Cash JPRF 6.00 CJDR 0.10 TPDF 2.00 FINE 206.90 3931181 2014-0138 06-17-2014 CS 3.00 TFC 3,00 CCC 40.00 LAF 5.00 WRNT 50.00 332.00 GONZALEZ, JOSHUA ANDREW TIME 25.00 IF 4.00 SUBC 30.00 DISC 30.00 JCSF 1.00 Credit Card JSF 4.00 IDF 2.00 JPRF 6.00 CJDR 0.10 TPDF 2.00 3931183 2013-690A 06-17-2014 CCC 40.00 CHS 3.00 LAF 5.00 WRNT 50.00 TF 4.00 422.00 HENDERSON, TANYA ELAINE DPSC 30.00 JCSF 1.00 JSF 4.00 IDF 2.00 FINE 277.00 Jail Credit JPRF 6.00 3931185 2014-0120 06-18-2014 TIME 25.00 FINE 57.00 GALINDO, CHRISTOPHER JOEREL 82.00 3931187 2014-0363 06-23-2014 CS 3.00 CCC 40.00 SAF 5.00 IF 4.00 JCSF 1.00 100.00 KIEF, PAMELA SPENCER JSF 4.00 IDF 2.00 JPRF 6.00 TPDF 2.00 FINE 33.00 Monev Order 3931189 2014-0377 06-23-2014 CS 3.00 TFC 3.00 CCC 40.00 SAF 5.00 IF 4.00 227.00 WILLIAMS, DERRICK CODY SUBC 30.00 JCSF 1.00 JSF 4.00 IDF 2.00 JPRF 6.00 3931191 2014-0396 06-23-2014 CS 3.00 TFC 3.00 CCC 40.00 SAF 5.00 TF 4.00 187.00 CADY. ELIZABETH KLAMM SUBC 30.00 JCSF 1.00 JSF 4.00 IDF 2.00 JPRF 6.00 3931193 2014-0394 06-24-2014 CS 3.00 TFC 3.00 CCC 40.00 SAF 5.00 TF 4.00 110.00 RESENDEZ, SABRINA ANNE SUBC 30.00 JCSF 1.00 JSF 4.00 IDF 2.00 JPRF 6.00 3931195 2014-0372 06-24-2014 CS 3.00 TFC 3.00 CCC 40.00 LAF 5.00 TF 4.00 135.00 SEE, KYLE WADE SUBC 30.00 JCSF 1.00 JSF 4.00 IDF 2.00 JPRF 6.00 3931197 2014-0299 06-25-2014 CS 3.00 TFC 3.00 CCC 40.00 SAP 5.00 TIME 25.00 212.00 07-03-2014 Page 3 Money Distribution Report JP4 JUDGE POMYEAL, SEADRIFT. MONTHLY REPORT Receipt Cause/Defendant Codes\Amounts Total TYSON, SUSAN PATRICIA IF 4.00 SUBC 30.00 JCSF 1.00 JSF 4.00 IDF 2.00 Cashier's Check JPRF 6.00 CJDR 0.10 TPDF 2.00 FINE 86.90 3931199 2014-0228 NGUYEN, TUC ANH 3931201 2014-0393 GOMEZ, GUADALUPE D 3931204 2013-840 COFFMAN, JERMAINE Personal Check CC S/O 06-25-2014 TIME 1.00 FINE 25.00 26.00 06-30-2014 CS 3.00 CCC 40.00 SAF 5.00 IF 4.00 JCSF 1.00 167.00 JSF 4.00 IDF 2.00 JPRF 6.00 TPDF 2.00 FINE 100.00 06-30-2014 CS 3.00 CCC 40.00 PWAF 5.00 WENT 50.00 TIME 25.00 275.00 TF 4.00 DPSC 30.00 JCSF 1.00 JSF 4.00 IDF 2.00 JPRF 6.00 WSF 105.00 3931206 2013-56GA 06-30-2014 CCC 40.00 CHS 3.00 LAP 5.00 WRNT 50.00 TF 4.00 422.00 ROJAS, CARLOS GONZALEZ DPSC 30.00 JCSF 1.00 JSF 4.00 IDF 2.00 FINE 277.00 Personal Check JPAY 6.00 07-03-2014 Page 4 Money Distribution Report JP4 JUDGE POMYKAL, SEADRIFT. MONTHLY REPORT Type Code Description Count Retained Disbursed Money -Totals The following totals represent - Cash and Checks Collected COST CCC CONSOLIDATED COURT COSTS 46 179.95 1,619.59 1,799.54 COST CHS COURT HOUSE SECURITY 11 36.00 - 0.00 36.00 COST CJDR CIVIL JUSTICE DATA RES\POSITORY FEE 24 0.23 2.10 2.33 COST CS CS 35 101.95 0.00 101.95 COST DPSC DPS OMNIBASE FEE 11 108.90 221.10 330.00 COST IDF INDIGENT DEFENSE FUND 46 9.00 80.98 89.98 COST JCSF JUSTICE COURT SECURITY FUND 44 42.98 0.00 42.98 COST JPR1 DIST JUG PRY 1 6.00 0.00 6.00 COST JPRF DISTRICT JUDGE PAY RAISE FEE 44 252.94 0.00 252.94 COST JSF JORGE. SERVICE FUND 46 0.00 177.96 177.96 COST LAY SHERIFF'S FEE 18 86.42 0.00 86.42 COST PEAT TEXAS PARKS & WILDLIFE 3 10.82 2.70 13.52 COST SAY DPS 24 96.00 24.00 120.00 COST SUNG SUBTITLE C 26 37.93 720.60 758.53 COST TF TECHNOLOGY FUND 46 179.96 0.00 179.96 COST TFC TFC 26 75.85 0.00 75.85 COST TIME TIME PAYMENT FEE 20 225.36 225.36 450.72 COST TPDF TRUANCY PREVENTION & DIVERSION FUND 29 0.00 57.41 57.41 COST WENT WARRANT FEE 18 885.21 0.00 885.21 FEES CSRV COLLECTION SERVICE FEE 3 320.10 0.00 320.10 FEES DEC DEFENSIVE DRIVING 3 29.70 0.00 29.70 FEES DFF DEFERRED FEE 1 86.90 0.00 86.90 FEES EXRF EXPIRATION RENEWAL FEE 1 10.00 0.00 10.00 FEES JCMF JUVENILE CASE MANAGER FEE 1 5.00 0.00 5.00 FEES JPAY DISTRICT JUDGE PAY RAISE FEE 2 1.20 10.80 12.00 FINE FINE FINE 44 5,723.10 0.00 5,723.10 FINE PWF PARKS & WILDLIFE FINE 1 15.75 89.25 105.00 FINE SEAT SEATBELT FINE 1 13.50 13.50 27.00 FINE WSF WATER SAFETY FINE 1 15.75 89.25 105.00 Money Totals 54 8,556.50 3,334.60 11,891.10 The following totals represent - Transfers Collected COST CCC CONSOLIDATED COURT COSTS 0 0.00 0.00 0.00 COST CHS COURT HOUSE SECURITY 0 0.00 0.00 0.00 COST CJDR CIVIL JUSTICE DATA RES\POSITORY FEE 0 0.00 0.00 0.00 COST CS CS 0 0.00 0.00 0.00 COST DPSC DPS OMNIBASE FEE 0 0.00 0.00 0.00 COST IDF INDIGENT DEFENSE FUND 0 0.00 0.00 0.00 COST JCSF JUSTICE COURT SECURITY FUND 0 0.00 0.00 0.00 COST JPR1 DIST JDG PRY 0 0.00 0.00 0.00 COST JPRF DISTRICT JUDGE PAY RAISE FEE 0 0.00 0.00 0.00 COST JSF JUROR SERVICE FUND 0 0.00 0.00 0.00 COST LAY SHERIFF'S FEE 0 0.00 0.00 0.00 COST PWAF TEXAS PARKS & WILDLIFE 0 0.00 0.00 0.00 COST SAY DPS 0 0.00 0.00 0.00 COST SUBC SUBTITLE C 0 0.00 0.00 0.00 COST IF TECHNOLOGY FUND 0 0.00 0.00 0.00 COST TFC TFC 0 0.00 0.00 0.00 COST TIME TIME PAYMENT FEE 0 0.00 0.00 0.00 COST TPDF TRUANCY PREVENTION & DIVERSION FUND 0 0.00 0.00 0,00 COST WRNT WARRANT FEE 0 0.00 0.00 0.00 FEES CSRV COLLECTION SERVICE FEE 0 0.00 0.00 0.00 FEES DEC DEFENSIVE DRIVING 0 0.00 0.00 0.00 FEES DFF DEFERRED FEE 0 0.00 0.00 0.00 FEES EXRF EXPIRATION RENEWAL FEE 0 0.00 0.00 0.00 FEES JCMF JUVENILE CASE MANAGER FEE 0 0.00 0.00 0.00 FEES SPAY DISTRICT JUDGE PAY RAISE FEE 0 0.00 0.00 0.00 FINE FINE FINE 0 0.00 0.00 0.00 FINE PWF PARKS & WILDLIFE FINE 0 0.00 0.00 0.00 FINE SEAT SEATBELT FINE 0 0.00 0.00 0.00 FINE WSF WATER SAFETY FINE 0 0.00 0.00 0.00 Transfer Totals 0 0.00 0.00 0.00 The following totals represent - Jail Credit and Community Service 07-03-2014 Page 5 Money Distribution Report JP4 JUDGE POMYKAL, SEADRIFT. MONTHLY REPORT Type Code Description Count Retained Disbursed Money -Totals COST CCC CONSOLIDATED COURT COSTS 11 40.02 360.15 400.17 COST CHS COURT HOUSE SECURITY 2 6.00 0.00 6.00 COST CJDR CIVIL JUSTICE DATA RES\POSITORY FEE 4 0.03 0.28 0.31 COST CS CS 9 24.04 0.00 24.04 COST DPSC DPS OMNIBASE FEE 5 49.50 100.50 150.00 COST IDF INDIGENT DEFENSE FUND 11 2.00 I8,01 20.01 COST JCSF JUSTICE COURT SECURITY FUND 11 10.00 0.00 10.00 COST JPRl DIST JDG PEP 0 0.00 0,00 0.00 COST JPRF DISTRICT JUDGE PAY RAISE FEE 11 60.02 0.00 60.02 COST JSF JUROR SERVICE FUND 11 0.00 40.01 40.01 COST LAP SHERIFF'S FEE 8 38.27 0.00 38.27 COST PWAF TEXAS PARKS & WILDLIFE 1 4.00 1.00 5.00 COST SAP DPS 2 5.40 1.35 6.75 COST SUBC SUBTITLE C 4 4.61 87.66 92.27 COST TF TECHNOLOGY FUND 11 40.01 0.00 40.01 COST TFC TFC 4 9.23 0.00 9.23 COST TIME TIME PAYMENT FEE 7 75.05 75.05 150.10 COST TPDF TRUANCY PREVENTION & ➢IVERSION FUND 2 0.00 4.00 4.00 COST, WRNT WARRANT FEE 9 400.21 0.00 400.21 FEES CSRV COLLECTION SERVICE FEE 0 0.00 0.00 0.00 FEES DDC DEFENSIVE DRIVING 0 0.00 0.00 0.00 FEES DFF DEFERRED FEE 0 0.00 0.00 0.00 FEES EXRF EXPIRATION RENEWAL FEE 0 0.00 0.00 0.00 FEES JCMF JUVENILE CASE MANAGER FEE 0 0.00 0.00 0.00 FEES JPAY DISTRICT JUDGE PAY RAISE FEE 0 0.00 0.00 0.00 FINE FINE FINE 10 1,494.60 0.00 1,494.60 FINE PEP PARKS & WILDLIFE FINE 0 0.00 0.00 0.00 FINE SEAT SEATBELT FINE 0 0.00 0.00 0.00 FINE WSF WATER SAFETY FINE 1 15.75 89.25 105.00 Credit Totals 11 2,278.74 777.26 3,056.00 The following totals represent - Credit Card Payments COST CCC CONSOLIDATED COURT COSTS 11 44.00 396.00 440.00 COST CHS COURT HOUSE SECURITY 2 6.00 0.00 6.00 COST CJDR CIVIL JUSTICE DATA RES\POSITORY FEE 9 0.09 0.81 0.90 COST CS CS 9 27.00 0.00 27.00 COST DISC DPS OMNI13ASE FEE 6 59.40 120.60 180.00 COST IDF INDIGENT DEFENSE FUND 11 2.20 19.80 22.00 COST JCSF JUSTICE COURT SECURITY FUND 11 11.00 0.00 11.00 COST JPRI DIST JOG PEP 0 0.00 0.00 0.00 COST JPRF DISTRICT JUDGE PAY RAISE FEE 11 66.00 0.00 66.00 COST JSF JUROR SERVICE FUND 11 0.00 44.00 44.00 COST LAP SHERIFF'S FEE 9 45.00 0.00 45.00 COST PWAF TEXAS PARKS & WILDLIFE 0 0.00 0.00 0.00 COST SAP DPS 2 8.00 2.00 10.00 COST SUED SUBTITLE C 9 13.50 256.50 270.00 COST TF TECHNOLOGY FUND 11 44.00 0.00 44.00 COST TFC TFC 9 27.00 0.00 27.00 COST TIME TIME PAYMENT FEE 4 50.00 50.00 100.00 COST TPDF TRUANCY PREVENTION & DIVERSION FUND 7 0.00 14.00 14.00 COST WENT WARRANT FEE 6 300.00 0.00 300.00 FEES CSRV COLLECTION SERVICE FEE 0 0.00 0.00 0.00 FEES DDC DEFENSIVE DRIVING 0 0.00 0.00 0.00 FEES DFF DEFERRED FEE 1 146.90 0.00 146.90 FEES EXRF EXPIRATION RENEWAL FEE 0 0.00 0.00 0.00 FEES JCMF JUVENILE CASE MANAGER FEE 0 0.00 0.00 0.00 FEES SPAY DISTRICT JUDGE PAY RAISE FEE 0 0.00 0.00 0.00 FINE FINE FINE 10 1,590.20 0.00 1,590.20 FINE PWF PARKS & WILDLIFE FINE 0 0.00 0.00 0.00 FINE SEAT SEATBELT FINE 0 0.00 0.00 0.00 FINE WSF WATER SAFETY FINE 0 0.00 0.00 0.00 Credit Totals 11 2,440.29 903.71 3,344.00 The following totals represent - Combined Money and Credits COST CCC CONSOLIDATED COURT COSTS 68 263.97 2,375.74 2,639.71 COST CHS COURT HOUSE SECURITY 15 48.00 0.00 48.00 COST CJDR CIVIL JUSTICE DATA RES\POSITORY FEE 37 0.35 3.19 3.54 07-03-2014 Page 6 Money Distribution Report JP4 JUDGE POMYKAL, SEADRIFT. MONTHLY REPORT Type Code Description Count Retained Disbursed Money -Totals COST CS CS 53 152.99 0.00 152.99 COST DPSC DPS OMNIBASE FEE 22 217.80 442.20 660.00 COST IDF INDIGENT DEFENSE FUND 68 13.20 118.79 131.99 COST JCSF JUSTICE COURT SECURITY FUND 66 63.98 0.00 63.98 COST JPR1 DIST JDG PRF 1 6.00 0.00 6.00 COST JPRF ➢ISTRICT JUDGE PAY RAISE FEE 66 378.96 0.00 378.96 COST JSF JUROR SERVICE FUND 68 0.00 261.97 261.97 COST LAF SHERIFF'S FEE 35 169.69 0.00 169.69 COST PWAF TEXAS PARKS & WILDLIFE 4 14.82 3.70 18.52 COST BAR DPS 28 109.40 27.35 136.75 COST SUBC SUBTITLE C 39 56.04 1,064.76 1,120.80 COST TF TECHNOLOGY FUND 68 263.97 0.00 263.97 COST TFC TFC 39 112.08 0.00 112.08 COST TIME TIME PAYMENT FEE 31 350.41 350.41 700.82 COST TPDF TRUANCY PREVENTION & DIVERSION FUND 38 0.00 75.41 75.41 COST WRNT WARRANT FEE 33 1,5B5.42 0.00 1,585.42 FEES CSRV COLLECTION SERVICE FEE 3 320.10 0.00 320.10 FEES DDC DEFENSIVE DRIVING 3 29.70 0.00 29.70 FEES DFF DEFERRED FEE 2 233.80 0.00 233.80 FEES EXRF EXPIRATION RENEWAL FEE 1 10.00 0.00 10.00 FEES JCMF JUVENILE CASE MANAGER FEE 1 5.00 0.00 5.00 FEES JPAY DISTRICT JUDGE PAY RAISE FEE 2 1.20 10.80 12.00 FINE FINE FINE 64 8,807.90 0.00 8,807.90 FINE PWF PARKS & WILDLIFE FINE 1 15.75 89.25 105.00 FINE SEAT SEATBELT FINE 1 13.50 13.50 27.00 FINE WSF WATER SAFETY FINE 2 31.50 178.50 210.00 Report Totals 76 13,275.53 5,015.57 18,291.10 07-03-2014 Page 7 Money Distribution Report JP4 JUDGE POMYEAL, SEADRIFT. MONTHLY REPORT Date Payment Type Fines Court Coats Fees Bonds Restitution Other Total 00-00-0000 Cash & Checks Collected 0.00 0.00 0.00 0.00 0.00 0.00 0.00 Jail Credits & Comm Service 0.00 0.00 0.00 0.00 0.00 0.00 0.00 Credit Cards & Transfers 0.00 0.00 0.00 0.00 0.00 0.00 0.00 Total of all Collections 0.00 0.00 0.00 0.00 0.00 0.00 0.00 09-01-1991 Cash & Checks Collected 0.00 0.00 0.00 0.00 0.00 0.00 0.00 Jail Credits & Comm Service 0.00 0.00 0.00 0.00 0.00 0.00 0.00 Credit Cards & Transfers 0.00 0.00 0.00 0.00 0.00 0.00 0.00 Total of all Collections 0.00 0.00 0.00 0.00 0.00 0.00 0.00 09-01-1993 Cash & Checks Collected 0.00 0.00 0.00 0.00 0.00 0.00 0.00 Jail Credits & Comm Service 0.00 0.00 0.00 0.00 0.00 0.00 0.00 Credit Cards & Transfers 0.00 0.00 0.00 0.00 0.00 0.00 0.00 Total of all Collections 0.00 0.00 0.00 0.00 0.00 0.00 0.00 09-01-1995 Cash & Checks Collected 0.00 0.00 0.00 0.00 0.00 0.00 0.00 Jail Credits & Comm Service 0.00 0.00 0.00 0.00 0.00 0.00 0.00 Credit Cards & Transfers 0.00 0.00 0.00 0.00 0.00 0.00 0.00 Total of all Collections 0.00 0.00 0.00 0.00 0.00 0.00 0.00 09-01-1997 Cash & Checks Collected 0.00 0.00 0.00 0.00 0.00 0.00 0.00 Jail Credits & Comm Service 0.00 0.00 0.00 0.00 0.00 0.00 0.00 Credit Cards & Transfers 0.00 0.00 0.00 0.00 0.00 0.00 0.00 Total of all Collections 0.00 0.00 0.00 0.00 0.00 0.00 0.00 09-01-1999 Cash & Checks Collected 0.00 0.00 0.00 0.00 0.00 0.00 0.00 Jail Credits & Comm Service 0.00 0.00 0.00 0.00 0.00 0.00 0.00 Credit Cards & Transfers 0.00 0.00 0.00 0.00 0.00 0.00 0.00 Total of all Collections 0.00 0.00 0.00 0.00 0.00 0.00 0.00 09-01-2001 Cash & Checks Collected 0.00 0.00 0.00 0.00 0.00 0.00 0.00 Jail Credits & Comm Service 0.00 0.00 0.00 0.00 0.00 0.00 0.00 Credit Cards & Transfers 0.00 0.00 0.00 0.00 0,00 0.00 0.00 Total of all Collections 0.00 0.00 0.00 0.00 0.00 0.00 0.00 09-01-2003 Cash & Checks Collected 0.00 0.00 0.00 0.00 0.00 0.00 0.00 Jail Credits & Comm Service 0.00 0.00 0.00 0.00 0.00 0.00 0.00 Credit Cards & Transfers 0.00 0.00 0.00 0.00 0.00 0.00 0.00 Total of all Collections 0.00 0.00 0.00 0.00 0.00 0.00 0.00 01-01-2004 Cash & Checks Collected 5,960.10 5,467.30 463.70 0.00 0.00 0.00 11,891.10 Jail Credits & Comm Service 1,599.60 1,456.40 0.00 0.00 0.00 0.00 3,056.00 Credit Cards & Transfers 1,590.20 1,606.90 146.90 0.00 0.00 0.00 3,344.00 Total of all Collections 9,149.90 8,530.60 610.60 0.00 0.00 0.00 18,291.10 TOTALS Cash & Checks Collected 5,960.10 5,467.30 463.70 0.00 0.00 0.00 11,891.10 Jail Credits & Comm Service 1,599.60 1,456.40 0.00 0.00 0.00 0.00 3,056.00 Credit Cards & Transfers 1,590.20 1,606.90 146.90 0.00 0.00 0.00 3,344.00 Total of all Collections 9,149.90 8,530.60 610.60 0.00 0.00 0.00 18,291.10 07-03-2014 Page 8 Money Distribution Report JP4 JUDGE POMYRAL, SEADRIFT. MONTHLY REPORT Description Count Collected Retained Disbursed State of Texas Quarterly Reporting Totals State Comptroller Cost and Fees Report Section I: Report for Offenses Committed 01-01-04 Forward 57 2,239.54 223.95 2,015.59 09-01-01 - 12-31-03 0 0.00 0.00 0.00 08-31-99 - 08-31-01 0 0.00 0.00 0.00 09-01-97 - 08-30-99 0 0.00 0.00 0.00 09-01-91 - 08-31-97 0 0.00 0.00 0.00 Bail Bond Fee 0 0.00 0.00 0.00 DNA Testing Fee - Convictions 0 0.00 0.00 0.00 DNA Testing Fee - Comm Supvn 0 0.00 0.00 0.00 DNA Testing Fee - Juvenile 0 0.00 0.00 0.00 EMS Trauma Fund (EMS) 0 0.00 0.00 0.00 Juvenile Probation Diversion Fees 0 0.00 0.00 0.00 Jury Reimbursement Fee 0 0.00 0.00 0.00 Indigent Defense Fund 57 111.98 11.20 100.78 Moving Violation Fees 33 3.23 0.32 2.91 State Traffic Fine 35 1,028.53 51.43 977.10 Section II: As Applicable Peace Officer Fees 29 143.52 114.82 28.70 Failure to Appear/Pay Fees 17 510.00 168.30 341.70 Judicial Fund - Connt County Court 0 0.00 0.00 0.00 Judicial Fund - Statutory County Court 0 0.00 0.00 0.00 Motor Carrier Weight Violations 0 0.00 0.00 0.00 Time Payment Fees 24 550.72 275.36 275.36 Driving Record Fee 0 0.00 0.00 0.00 Judicial Support Fee 2 12.00 1.20 10.80 Truancy Prevention and Diversion Fund 0 0.00 0.00 0.00 Report Sub Total 254 4,599.52 846.58 3,752.94 State Comptroller Civil Fees Report CF: Birth Certificate Fees 0 0.00 0.00 0.00 CF: Marriage License Fees 0 0.00 0.00 0.00 CF: Declaration of Informal Marriage 0 0.00 0.00 0.00 CF: Nondisclosure Fees 0 0.00 0.00 0.00 CF: Juror Donations 57 221.96 0.00 221.96 CF: Justice Court Indig Filing Fees 0 0.00 0.00 0.00 CF: Stat Prob Court Indig Filing Fees 0 0.00 0.00 0.00 CF: Stat Prob Court Judic Filing Fees 0 0.00 0.00 0.00 CF: Stat Cnty Court Indig Filing Fees 0 0.00 0.00 0.00 CF: Stat Cnty Court Judie Filing Fees 0 0.00 0.00 0.00 CF: Cnst Cnty Court Indig Filing Fees 0 0.00 0.00 0.00 CF: Cnst Cnty Court Judie Filing Fees 0 0.00 0.00 0.00 CF: Dist Court Divorce & Family Law 0 0.00 0.00 0.00 CF: Dist Court Other Divorce/Family Law 0 0.00 0.00 0.00 CF: Dist Court Indig Legal Services 0 0.00 0.00 0.00 CF: Judicial Support Fee 0 0.00 0.00 0.00 Report Sub Total 57 221.96 0.00 221.96 Total Due For This Period 311 4,821.48 846.58 3,974.90 Susan Riley From: Michelle Velasquez <michelle.velasquez@calhouncotx.org> Sent: Tuesday, July 15, 2014 4:49 PM To: Susan Riley; rachel.martinez@calhouncotx.org Subject: July SHP report Attachments: 20140715172527717.pdf Susan, Please add this report to the agenda for the next Commissioners court. Thanks, Michelle -----Original Message ----- From: michelle.velasquez@calhouncotx.org [mailto:michelle.velasquez@calhouncotx.org] Sent: Tuesday, July 15, 2014 5:25 PM To: Michelle Subject: This E-mail was sent from "RNP6701AO" (Aficio MP 5001). Scan Date: 07.15.2014 17:25:27 (-0500) Queries to: michelle.velasquez@calhouncotx.org i A M O _ to � P1 w to xt +n He O) —I j o m w 0 v, a c 0 0 o d ° D ay V N p., n 3 3 w 3 m m vi V �^ O= 7> to Am m $ r.<,< o0oq 3 �3 Vl N it 3 �G m --h N 0 e� -' .G p N O W 00 O v ec m El(p�ry C ry, m m 00 00 O 9 — m In n :> m N _+ d 00 N n rr, W w m m N Ln :3C g vr El r, m —' 3 3 m ha O " O d. N Q° O' O O ® ®� 0 II m v m m o 0 0 a rD n EpD N s P to �p v o 5. 00 ® N m O N O u� 00 rmt v�i O m m w cto iA .: a; LO N w ONO 1O 00O o In N O N 3 W_ N Q 6 6 3! O D T O C z O C z D v C O M z 4 0 z m m z m X z m 9 m 0 r n O O D O z -n O C z en $p 946 0131 Southern Health MONTHLY REPORT OF MEDICAL SERVICES r SHP Site Number and Name/State: 7 30..% Month! Year of this Report: Please enter the TOTAL number for the month of a Ices you are reporting. Fax this report to the corporate office 423-553-664 y/before the 6th of the current month. The MTA may also give a copy of this report to the Jail Administrator as a reporting mechanism. Keep your supporting documentation (Daily Report of Services) with this TOTAL Form in your Confidential File. IT OF PATIENT HOSPITAL ADMISSIONS B SENT TO EMERGENCY ROOM NOFOUTSIDE MEDICAL VISITS (Includes any spedolity, physidan appls)' N OF IN-HOUSE XRAY SEMIICES(ocnsider multiple AM) B SEEN ONOTE BY MENTAL HEALTH BSEEN BYPHYSICIAN andlofPHYSICIAN - PROVIDERS py •r+ p SEEN BY DENTIST (Includes on -site and off -site) N OF RECEIVING SCREENINGS BY MEDICAL STAFF 0 SEEN AT SICKCALL S U OF H&Ps DONE 0 OF RPRs DONE (may k OF OTHER SBXIALTRANSMITTED DISEASES TRBATEO / P H OF MEDICAL REFUSALS ff OF BLOOD SUGAR CHECKS N OF BLOOD PRESSURE CHECKS F OF TB SCREENS ANDIOR PPD TESTS V A OF STAPH i MRSA PATIENTS IN-HOUSE q OF PREGNANT FEMALES H OF HrV PATIENTS IN-HOUSE # OF INMATES PLACED ON SUICIDE WATCH H OF INMATE DEATHS �{ N OF INMATES ON DETOX PROTOCOLS 7rJ Average Daily Population for the Month (take yourtolal and divided the number of days In the month) W Please check off the fallowing as complete for this month: Cdteda completed and faxed to corporate by the 16th Nurse's Meeting completed and minutes taken billing statements mailed to corporate Topic reviewed and signature sheet faxed ithly Provider Time Sheet taxed to corporate lead to know the number of patients treated for sexually transmitted diseases ,lead to know the number of patients treated for Staph InfectionsfhlRSA infections lead to know the total number of pregnant females in the Jail this month Need to know the known number of HIV patients in the Jail this month Need to know the number of patients placed on Suicide Watch this month Need to know the number of patients placed on Detox Protocols this month. SHP MEDICAL ADMINISTRATOR'S SIGNATURE: ISouthern Health Partners Y. Partner in ff kwdablelnmate Healthcare -� 1. • � -�' -� . .-1.- �, .y.,Motu PROFESSIONAL TIME RECO. For use by SHP Medical Team Administrator in reporting time worked by your Medical Provider(s) within your medical unit. Please report this information along with your Monthly Statistical Report by the 5th of each month. Fax the completed form to our corporate office at 423-553-5645. If your site uses multiple providers, you can report all of their time on this one form.. _ Site Name: / 'it��li60 C U Site Code: ;/ d� Site city: y t7 (/ n'"t- State: /mot The following is a.listing of the dates and times professional medical services were performed by the Medical Provider/Independent Contractor at the medical unit within the jail on behalf of Southern Health Partners, Inc. Please use one line for each date visited. This time report is re orted as true and correct by placing your signature below. 2 MTA's Signature: V ` Date: 4 IJd Z V SHP Form 12/06; Updated 812009 confidential Work Product of SHP Corporate Office: 2030 Hamilton Place Blvd„ Ste,140, Chattanooga, TN 37421 Phone: 423-553-5635 I IBM",'ll al all I 1, 313,11 \> ,a ., .� .� 0�\, I \` I I0,� 1,....�©�OQ \` all ,\ 7�� III' 11101118121 1\, ,, A,. , .i ,� DO \. \� m,. << �•. ��17� affilli.e Bill r ► • �■�� ►� ®► 1'� 1 IE � � Its �� , �� 8 i Paz b s n 0 g 3' o Q G J a� N { €J a x i) n N O N3 MA y N j lY o ?y a r�+ rt i a �� ® • I��Eli IN �11-- n , 0,. r l , 111-031 log Calhoun County Public Library System (361) 552-7323 200 W. Mahan Port Lavaca, Texas 77979 To: Commissioners' Court From: Noemi Cruz Subject: Meeting Room Annual Usage Report 2013 Date Organization 3-Jan Port Lavaca Thursday Book Club 3-Jan Library Board 8-Jan Take Shape For Life 8-Jan Calhoun County Historical Commission 9-Jan Library - Storytime 10-Jan Veterans Group 16-Jan Library - Storytime 23-Jan Library - Storytime 24-Jan Library - Family Movie Night 24-Jan Veterans Group 30-Jan Library - Storytime 5-Feb Take Shape For Life 5-Feb Calhoun County Historical Commission 6-Feb Library - Storytime 7-Feb Veterans Group 12-Feb Calhoun County Historical Commission 13-Feb Library - Storytime 20-Feb Library - Storytime 21-Feb Veterans Group 27-Feb Library - Storytime 28-Feb Library - Family Movie Night 5-Mar Take Shape For Life 6-Mar Library - Storytime 7-Mar Port Lavaca Thursday Book Club 7-Mar Library Board 7-Mar Veterans Group 12-Mar Library - Spring Break Movie Day 13-Mar Library - Storytime 14-Mar Library - Spring Break Movie Day 19-Mar Calhoun County Historical Commission 20-Mar Library - Storytime 21-Mar Veterans Group 21-Mar Calhoun County Historical Commission 27-Mar Library - Storytime 2-Apr Calhoun County Historical Commission 2-Apr Take Shape For Life 3-Apr Library - Storytime 4-Apr Veterans Group 9-Apr Calhoun County Historical Commission 10-Apr Library - Storytime 10-Apr to 20-Apr Friends of Calhoun County Library - Book Sale 18-Apr Veterans Group 23-Apr Emergency Management 24-Apr Library - Storytime 25-Apr Library - Family Movie Night 1-May Library - Storytime 2-May Port Lavaca Thursday Book Club 2-May Library Board 2-May Veterans Group 7-May Take Shape For Life 8-May Library - Storytime 14-May to 18-May Friends of Calhoun County Library - Scholastic Book Fair 16-May Veterans Group 22-May Library - Storytime 23-May Library - Family Movie Night 28-May Wells Fargo 30-May Veterans Group 4-Jun HJM 4-Jun Take Shape For Life 5-Jun HJM 8-Jun Library - Summer Reading Program Kickoff 12-Jun Library - Storytime 13-Jun Library - Storytime 13-Jun Main Street Theatre 13-Jun Veterans Group 14-Jun Library - Friday Flicks 19-Jun Library - Storytime 20-Jun Library - Storytime 21-Jun Library - Friday Flicks 26-Jun Library - Storytime 27-Jun Library - Storytime 27-Jun Veterans Group 28-Jun Library - Friday Flicks 2-Jul Take Shape For Life 3-Jul Library - Storytime 5-Jul Library - Friday Flicks 9-Jul The Harbor 10-Jul Library - Storytime 11-Jul Library Board 11-Jul Veterans Group 11-Jul Port Lavaca Thursday Book Club 12-Jul Library - Friday Flicks 17-Jul Library - Storytime 19-Jul Library- Friday Flicks 24-Jul Library Storytime 25-Jul Veterans Group 3-Aug Private - Vanessa Pena 6-Aug Take Shape For Life 7-Aug Library - Storytime 8-Aug Veterans Group 13-Aug Calhoun County Historical Commission 14-Aug Library - Storytime 15-Aug Library - Olivia, TX Program 16-Aug Library - Olivia, TX Program 17-Aug Library - Game Day 21-Aug Library - Storytime 22-Aug Veterans Group 24-Aug Bay Point Association 28-Aug Library - Storytime 3-Sep Calhoun County Historical Commission 3-Sep Take Shape For Life 4-Sep Library - Storytime 5-Sep Port Lavaca Thursday Book Club 5-Sep Library Board 5-Sep Veterans Group 10-Sep Calhoun County Historical Commission 11-Sep Library - Storytime 12-Sep Calhoun County Historical Commission 18-Sep Library - Storytime 19-Sep Veterans Group 25-Sep Library - Storytime 26-Sep Library - Family Movie Night 1-Oct Take Shape For Life 1-Oct Calhoun County Historical Commission 2-Oct Library - Storytime 3-Oct Veterans Group 8-Oct Calhoun County Historical Commission 8-Oct The Harbor 9-Oct Library - Storytime 12-Oct Calhoun County Historical Commission 16-Oct Library - Storytime 17-Oct Veterans Group 17-Oct to 25-Oct Friends of Calhoun County Library - Book Sale 23-Oct The Harbor 30-Oct Library - Storytime 31-Oct Library - Halloween Party/ Movie Night 2-Nov Wells Fargo 5-Nov Elections 5-Nov Take Shape For Life 6-Nov Library - Storytime 7-Nov Veterans Group 7-Nov Port Lavaca Thursday Book Club 7-Nov Library Board 13-Nov Library - Storytime 14-Nov Wells Fargo 20-Nov Library - Storytime 21-Nov Leann Bell Book Signing 21-Nov Veterans Group 23-Nov Bay Point Association 26-Nov Library - Movie Day 27-Nov Library - Storytime 3-Dec Girl Scouts 3-Dec Take Shape For Life 4-Dec Library - Storytime 5-Dec Veterans Group 6-Dec to 14-Dec Friends of Calhoun County Library - Scholastic Book Fair 17-Dec Mcllvain Book Signing 18-Dec Library - Storytime 19-Dec Veterans Group Calhoun County Public Library System (361)552-7323 200 W. Mahan Port Lavaca, Texas 77979 To: Commissioners' Court From: Noemi Cruz Subject: Meeting Room Annual Usage Report 2013 - Seadrift Branch Library Date Organization 3-Jan Friends of the Seadrift Library 2-Feb Private - Paige Penney 16-Feb Private - Cherie Watkins 9-Mar Private - Jessica Miller 16-Mar Private - Oralia Jaramillo 30-Mar Private - Jessical Penney 4-Apr Friends of the Seadrift Library 22-Jun Private - Luanne Maldonado 6-Jul Private - Lea Ann Ragusin 1-Jul Mary Kay Beater - Walking Aerobics 5-Jul Mary Kay Better - Walking Aerobics 8-Jul Mary Kay Bolter - Walking Aerobics 11-Jul Friends of the Seadrift Library 12-Jul Mary Kay Bolter - Walking Aerobics 15-Jul Mary Kay Bolter - Walking Aerobics 19-Jul Mary Kay Bolter - Walking Aerobics 22-Jul Mary Kay Bolter - Walking Aerobics 25-Jul San Antonio Bay Partnership 26-Jul Mary Kay Bolter - Walking Aerobics 29-Jul Mary Kay Bolter - Walking Aerobics 2-Aug Mary Kay Belter - Walking Aerobics 5-Aug Mary Kay Bolter - Walking Aerobics 6-Aug Seadrift Fire Department 9-Aug Mary Kay Belter - Walking Aerobics 12-Aug Mary Kay Better - Walking Aerobics 16-Aug Mary Kay Better - Walking Aerobics 17-Aug Private - Rebecca Rodriguez 19-Aug Mary Kay Beater - Walking Aerobics 23-Aug Mary Kay Belter - Walking Aerobics 26-Aug Mary Kay Belter - Walking Aerobics 30-Aug Mary Kay Belter - Walking Aerobics 2-Sep Mary Kay Belter - Walking Aerobics 6-Sep Mary Kay Belter - Walking Aerobics 9-Sep Mary Kay Belter - Walking Aerobics 13-Sep Mary Kay Belter - Walking Aerobics 14-Sep Private - Keley Sexton 16-Sep Mary Kay Belter - Walking Aerobics 20-Sep Mary Kay Belter - Walking Aerobics 21-Sep Private - Tricia Massey 23-Sep Mary Kay Belter - Walking Aerobics 27-Sep Mary Kay Belter - Walking Aerobics 28-Sep Private - Luanne Maldonado 30-Sep Mary Kay Belter - Walking Aerobics 3-Oct Friends of the Seadrift Library 4-Oct Mary Kay Belter - Walking Aerobics 7-Oct Mary Kay Belter - Walking Aerobics 11-Oct Mary Kay Belter - Walking Aerobics 14-Oct Mary Kay Belter - Walking Aerobics 18-Oct Mary Kay Belter - Walking Aerobics 21-Oct Mary Kay Belter- Walking Aerobics 25-Oct Mary Kay Belter - Walking Aerobics 28-Oct Mary Kay Belter - Walking Aerobics 1-Nov Mary Kay Belter - Walking Aerobics 4-Nov, Mary Kay Belter - Walking Aerobics 8-Nov Mary Kay Belter - Walking Aerobics 9-Nov Private - Christine Cady 15-Nov Mary Kay Belter - Walking Aerobics 18-Nov Mary Kay Belter - Walking Aerobics 22-Nov Mary Kay Belter - Walking Aerobics 25-Nov Mary Kay Belter - Walking Aerobics 30-Nov Private - Melina Hisquierdo 2-Dec Mary Kay Belter - Walking Aerobics 6-Dec Mary Kay Belter - Walking Aerobics 7-Dec Friends of the Seadrift Library 9-Dec Mary Kay Belter - Walking Aerobics 13-Dec Mary Kay Belter - Walking Aerobics 16-Dec Mary Kay Belter - Walking Aerobics 20-Dec Mary Kay Belter - Walking Aerobics APPROVAL OF PAYROLL: N/A PRE -APPROVE EXPENDITURES BY INCUMBENT COUNTY OR PRECINCT OFFICER(S) UNDER COUNTY POLICY OF COMPLIANCE WITH LGC 130.908: COUNTY CLERK'S OFFICE PRE -APPROVAL LIST VENDOR DATE OF INVOICE INVOICE NUMBER AMOUNT DESCRIPTION RICHOH USA, INC. 07/03/2014 92743625 $544.96 MONTHLY COPIER LEASE/USAGE & LATE FEE Commissioner Lyssy made a motion to pre -approve expenditures by incumbent County or Precinct Officer(s) under County's Policy of Compliance with LGC 130.908. Commissioner Fritsch seconded his motion. Commissioners Galvan, Lyssy, Fritsch, Finster and Judge Pfeifer all voted in favor. §ƒ\ § \C «A: /> 20 - ` \a \ a¢, \� \u U. \C) »■: \LU \ \Z\} ?off »p� \ ) � APPROVAL OF BILLS: Commissioner Fritsch made a motion to pay Memorial Medical Center bills in the amount of $2,473,701.82. Pay Indigent Healthcare Fund Expenses in the amount of $72,750,55, making a grand total of $2,546,452.37 to be paid. Commissioner Lyssy seconded that motion. Commissioner Fritsch made a motion to pay 2014 county bills for vendor disbursements $1,853,330.13. Transfer between funds for Indigent Healthcare in the amount of $72,750.55, making it a grand total for approval of $1,926,080.68 to be paid. Commissioner Lyssy seconded that motion. Commissioners Galvan, Lyssy, Fritsch, Finster and Judge Pfeifer all voted in favor MEMORIAL MEDICAL CENTER COMMISSIONERS COURT APPROVAL LIST FOR ----- July 24, 2014 PAYABLES AND PAYROLL 6/3/2014 Memorial Medical Payroll 6/3/2014 MMC Payroll Checks 6/5/2014 Dep Item Returned 6/5/2014 Dep Item Returned 6/9/2014 Employee Insurance 6/10/2014 MMC Payroll Checks 6/10/2014 Payroll Liabilities 6/10/2014 Payroll Liabilities 6/11/2014 Weekly Payables 6/16/2014 TCDRS 6/17/2014 Memorial Medical Payroll 6/17/2014 MMC Payroll Checks 6/19/2014 Credit Card Payment 6/19/2014 Credit Card Payment 6/24/2014 Payroll Liabilities 6/25/2014 Weekly Payables 6/26/2014 Weekly Payables 6/30/2014 Monthly Electronic Transfers for Payroll Expenses(not inoi above) 6/30/2014 Monthly Electronic Transfers for Operating Expenses Total Payables and Payroll INTER -GOVERNMENT TRANSFERS 6/4/2014 Inter -Government Transfers for Month/Year Total Inter -Government Transfers INTRA-ACCOUNT TRANSFERS From Operating to Private Waiver Clearing Fund From Private Waiver Clearing Fund to Operating Total Intra-Account Transfers $ 217,709.29 3,419.06 73.00 81.60 40,647.49 180.66 79,985.05 38.10 295,117.69 95,122.19 229,923.87 1,426.93 3,002.25 2,559.67 84,687.89 45, 060.00 197,650.81 1,430.04 4,378.23 $ 1,302,493.82 1,171,208.00 $ 1,171,208.00 SUBTOTAL MEMORIAL MEDICAL CENTER DISBURSEMENTS $ 2,473,701.82 INDIGENT HEALTHCARE FUND EXPENSES $ 72,760.55 GRAND TOTAL DISBURSEMENTS APPROVED July 24, 2014 $ 2,546,452.3z MEMORIAL MEDICAL CENTER COMMISSIONERS COURT APPROVAL LIST FOR ---- July 24 2014 INDIGENT HEALTHCARE FUND: INDIGENT EXPENSES Adu Sports Medicine Clinic Community Pathology Associates HEB Pharmacy Memorial Medical Center (In -patient $33,656.351 out -patient $17,61927/ ER $7,996.60) Memorial Medical Clinic Port Lavaca Anesthesia Group Port Lavaca Clinic Assoc Radiology Unlimited PA Regional Employee Assistance Victoria Emergency Physicians Victoria Eye Center Victoria Heart & Vascular Center Victoria Surgical Associates George A. William MD FACOG SUBTOTAL Memorial Medical Center (Indigent Healthcare Payroll and Expenses) 93.46 137.13 217.61 59,262.22 232.89 125.16 2,532.61 502.75 375.86 1,680.95 222.40 33.27 499.59 2,220.95 68,136.85 4,613.70 ITOTAL APPROVED INDIGENT HEALTHCARE FUND EXPENSES 72,760.55 I **$530.00 in Co -Pays were collected by Memorial Medical Center in June 2014 July 24, 2014 2014 APPROVAL LIST - 2014 BUDGET 50 1K11 11t71 J11111-11Pcffxf]w11y1mj LLl BALANCE BROUGHT FORWARD FROM APPROVAL LIST REPORT PAGE 49 $ 504,081.35 AFLAC P/R $ 5,211.83 NATIONWIDE RETIREMENT SOLUTIONS P/R $ 3,000.48 OFFICE OF THE ATTORNEY GENERAL - CHILD SUPPORT P/R $ 2,014.62 PRINCIPAL FINANCIAL GROUP P/R $ 3,666.41 TEXAS COUNTY & DISTRICT RETIREMENT SYSTEM P/R $ 129,917.21 WILLIAM E. HEITKAMP, TRUSTEE P/R $ 969.24 ALLIED WASTE SERVICES A/P $ 1,343.25 AT&T MOBILITY A/P $ 7,836.06 BANK OF TEXAS A/P $ 1,032,575.00 BEN E KEITH FOODS A/P $ 5,384.29 CABLE ONE A/P $ 661.86 CARDMEMBER SERVICE - COUNTY A/P $ 5,524.94 CONSTELLATION NEW ENERGY A/P $ 26,367.96 FASTENAL COMPANY A/P $ 152.57 INTERNAL REVENUE SERVICE A/P $ 281.35 JACKSON ELECTRIC COOP, INC. A/P $ 517.60 LA WARD TELEPHONE EXC. INC. A/P $ 299.13 RICOH USA, INC. A/P $ 544.96 SHELL FLEET PLUS A/P $ 88.27 STAR W EQUIPMENT REPAIR INC A/P $ 7,000.40 STATE COMPTROLLER A/P $ 92,847.81 VERIZON SOUTHWEST A/P $ 1,044.04 VICTORIA ELECTRIC CO-OP A/P $ 1,487.75 VICTORIA MORTUARY A/P $ 77.77 VOYAGER A/P $ 18,198.37 WASTE MANAGEMENT A/P $ 2,235.61 TOTAL VENDOR DISBURSEMENTS: $ 1,853,330.13 CALHOUN COUNTY INDIGENT HEALTH CARE A/P $ 72,750.55 TOTAL TRANSFERS BETWEEN FUNDS: $ 72,750.55 TOTAL AMOUNT FOR APPROVAL: $ 1,926,080.68 ACCEPT DONATION OF $100 FROM JOE PENA TO THE CALHOUN COUNTY SHERIFF'S DEPARTMENT MOTIVATIONAL FUND: Commissioner Galvan made a motion to accept a donation of $100 from Joe Pena to the Calhoun County Sheriff's Department Motivational Fund. Commissioner Fritsch seconded his motion. Commissioners Galvan, Lyssy, Fritsch, Finster and Judge Pfeifer all voted in favor. CALHOUN COUNTY, TEXAS COUNTY SHERIFF'S OFFICE 211 SOUTH ANN STREET PORT LAVACA, TEXAS 77979 PHONE NUMBER (361) 553-4646 FAX NUMBER (361) 553-4668 MEMO TO: MIKE PFEIFER, COUNTY JUDGE SUBJECT: CALHOUN COUNTY SHERIFF'S OFFICE DONATION DATE: JULY 24, 2014 Please place the following item(s) on the Commissioner's Court agenda for the date(s) indicated: AGENDA FOR JULY 24, 2014 * To take necessary action on donation of $100.00 to the Calhoun County Sheriff s Office from Joe Pena dated 7/16/2014 to be deposited into the motivation account2697-999-53992-679. Sincerely, George Aleman Calhoun County Sheriff ACCEPT DONATIONS TO CALHOUN COUNTY: N/A MATTER OF TRANSFERRING CERTAIN ITEMS OF COUNTY PROPERTY FROM ONE COUNTY DEPARTMENT TO ANTOHER COUNTY DEPARTMENT: N/A MATTER OF DECLARING CERTAIN ITEMS OF COUNTY PROPERTY AS SURPLUS/SALVAGE: N/A BUDGET ADJUSTMENTS: Commissioner Fritsch made a motion to approve budget adjustments. Commissioner Lyssy seconded his motion. 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U U U U U r r r r r V 0 0 0 0 0 J F- 0 z z w r a w 0 O z ;W :z W W W Z H Z W d W Ps Z O O O O O W � fA fA fA fA 0 0 0 0 0 W fA FA K! !fl k9 S O z O O 2 W W F � Z F W rE p O � V V `- z z z z z y } (9C)�00 > Q O O z z z O C o F z � � rn rn rn rn rn W h w rn rn rn rn ua In U U U U U w w w w w a a a a a Vi UUUUU Q Q Q Q Q W w w w w w aan.aa Q a 00000 w w w w w v w w w w w B U U U U U M N U) N U) H U) Z:) Z) Q W to to ww C d' www w � twi twi twi twi. twi O O O O O 6 V V V V 17 �I V `i` :yry i `W :r L W yW V = W =W =W =Z b =Z =W C G b o Q y® K Y O a LLI 19 f M M O y bD N M N N 19 O O O O px � fA fA Uj EH W 0 W O O O O CpLp3:' W E9 M fA fA Z yXW W O O O O Wy fA fA fA ER W M N N O (00 fA fA ffl (fl Z OE z t. z f z zzz § � 9 § U` U' U' U 0000 z z z z U U U U U w w w W W of a a a a a wwwww UQ UQ UQ U U a m a (L a y 0 0 w w 000 wwwww C U U U U U F- 1- i- F i- U)U)U)U)U) »»> ? 7 7 ? n c) U) US N w W W W W W W W W W It It Li W lL = N M V N O O O O O 0 0 0 0 0 Q V V V V N V OW C! so tM. Z =_O _ ZZ Z z o F 9 9 W LLI J Q O H W 7 z w w C) WI R Z zz z K m C7 C7 00 z z 0 C rn rn � z w U z Z O O co U O a J a W Q L)a N Of R MO J F 0 z z W a. w w 8 O z a m G 6 z 2 2 e a aaC3 §B§�� \ \ % Phi Q §g B} \o )j §\\ \ / J ■ ■ SINGLE SOURCE, EMERGENCY AND PUBLIC WELFARE PURCHASES AND BILLS: N/A PUBLIC DISCUSSION OF COUNTY MATTERS: COURT WAS ADJOURNED AT 10:18 A.M.