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2015-12-10 (#2)AFFILIATION AGREEMENT BETWEEN WHARTON COUNTY JUNIOR COLLEGE EMS TRAINING PROGRAM AND CALHOUN COUNTY EMS AND AUTHORIZE EMS DIRECTOR CARL KING TO SIGN: Commissioner Galvan made a motion to approve Affiliation Agreement between Wharton County Junior College EMS Training Program and Calhoun County EMS and authorize EMS Director Carl King to sign. Commissioner Fritsch seconded the motion. Commissioners Galvan, Lyssy, Fritsch, Finster and Judge Pfeifer all voted in favor. Susan Riley - From: Carl King <clking@att.net> Sent: Thursday, December 03, 2015 2:06 PM To: Susan Riley Subject: Affiliation agreements Attachments: Calhoun County EMS Affiliate Agreement (1).doc; CalhounCoEMSAFFAG_2016 (5).pdf Susan, I have attached copies of two affiliation agreements. One is from Wharton County Junior College and the other is from Lifesource Educational Services, LLC. Both agreements are in place so that EMS students can perform some of their clinical time with our department. The agreements require my signature and I am requesting that the items be placed on the next Commissioners Court agenda so I can be authorized to sign Thank you Ma'am and I will see you soon. Take Care, Carl Lee King AFFILIATION AGREEMENT WHARTON COUNTY JUNIOR COLLEGE EMS TRAINING PROGRAM AND CALHOUN COUNTY EMS THIS AGREEMENT, is executed on this 1" day of January 2016 entered into by and between the WHARTON COUNTY JUNIOR COLLEGE ("College"), and Calhoun County EMS, a body corporate and politic acting herein by and through Calhoun County EMS ("County"). WITNESSETH: THAT WHEREAS, the County owns and operates a department known as Calhoun County, Emergency Medical Services ("EMS"); and Whereas, the parties agree that it would be to their mutual advantage and in their mutual best interest for students of the College to have the opportunity to utilize the facilities of the County's Emergency Medical Services Department ("Facilities"); NOW, THEREFORE, in consideration of the mutual promises herein contained, the parties hereby agree as follows: (1) The County will permit students of the College to practice Emergency Medical Technology under the direct supervision and responsibility of the faculty of the College. Individual faculty members will, in turn, be responsible to the Emergency Medical Service Director, Preceptor, Supervisor, or Crew Person, designated by the Emergency Medical Services for the County for the Emergency Medical Technology activities of the students. A faculty member/instructor from the College will be available on call. (2) The number, assignment to and distribution of students between the divisions of the EMS will be mutually agreed upon between the College and the County at the beginning of each semester. (3) Assignments shall occur during regular College academic sessions, except in the instance of special arrangement, such as for workshop participants, and as agreed upon by the County. (4) The College will provide the County with the names of the students who are entitled to use the resources of the Facilities under the terms of this agreement. (5) The College will not discriminate against any applicant for enrollment in its course of study because of race, color, creed, national origin, or any other basis. (6) The College shall instruct all students and faculty members in the legal aspects of confidentiality. All students and faculty members shall respect the confidentiality nature of all information which may come to them with respect to the patient, hospital, and county records, to the extent prescribed by law. (7) Representatives of the College and the County shall meet as often as necessary to study the Emergency Medical Technology program and terms of this agreement and make such suggestions and changes as are needed. (8) The College will arrange for liability and malpractice insurance coverage acceptable to the County for its faculty members and students assigned to the Facilities. The College will provide the County with a copy of all policies. (9) It is understood between the parties that under no circumstances is any member of the College's student body or faculty or staff member to be considered an agent, servant and/or employee of the County. (10) College personnel, faculty, and students will be subject to the rules and regulations established by the County for the division of the EMS to which they are assigned: (a) The County will charge the College no fees for Emergency Medical Technology practice opportunity afforded students; (b) Students will be responsible for their own meals, laundry, and transportation to and from the Facilities; and (c) The County will not be charged for services performed by the College's personnel, faculty, and/or students. Students and faculty members shall not be deemed to be employees, agents or servant of the County, and shall not be entitled to any of the privileges or benefits of County employment. (11) The salaries and expenses of any instructor, supervisor, or other employees of the College will be paid by the College. The College agrees that members of its faculty will serve as consultants and on committees of the County when requested by the County and mutually agreed upon by the College and the County. (12) The County further agrees as follows: a.) To maintain the criteria for accreditation as established by the Joint Review Committee on education in Emergency Medical Technology, or other appropriate accrediting agencies; b.) To provide the College the necessary space or facilities for conferences and classroom areas or student teaching, as available; c.) To provide lounge and locker space for students, as available; d.) To allow students and faculty members of the College to utilize the County's eating facilities at the students' and faculty's sole expense; and e.) To plan jointly with all programs involved, when the resources are utilized as a clinical laboratory by groups other than the College. This Agreement shall remain in effect for a term beginning January 1, 2016 and ending at midnight on December 31, 2020 unless otherwise terminated as provided herein. Either party may terminate this Agreement without cause upon thirty (30) days written notice to the other party. Notice shall be given by registered or certified mail, return receipt requested, to the other party at the addresses set out below: Calhoun County EMS 705 County (toad 101 Port Lavaca, "texas 77979 Attention: Carl King, EMS Director Wharton County Junior College 911 Boling Highway Wharton, TX 77488 Attention: Gary Bonewald, EMS Program Director EXECUTED by the parties on the dates indicated, but effective January 1, 2016 CALHOUN COUNTY EMS Carl King, Calhoun Count EMS Director -_J Date: /, /!r` yr WHARTON COUNTY JUNIOR COLLEGE M Date: By: Leigh Ann Collins, Vice President of Instruction Betty McCrohan, President FIELD INTERNSHIP AFFILIATION AGREEMENT BETWEEN CALHOUN COUNTY EMERGENCY MEDICAL SERVICE AND LIFESOURCE EDUCATIONAL SERVICES LLC AND AUTHORIZE EMS DIRECTOR CARL KING TO SIGN: Commissioner Galvan made a motion to approve Field Internship Affiliation Agreement between Calhoun County Emergency Medical Service and Lifesource Educational Services LLC and authorize EMS Director Carl King to sign. Commissioner Fritsch seconded the motion Commissioners Galvan, Lyssy, Fritsch, Finster and Judge Pfeifer all voted in favor. Susan Riley From: Carl King <clking@att.net> Sent: Thursday, December 03, 2015 2:06 PM To: Susan Riley Subject: Affiliation agreements Attachments: Calhoun County EMS Affiliate Agreement (1).doc; CalhounCoEMSAFFAG_2016 (5).pdf Susan, I have attached copies of two affiliation agreements. One is from Wharton County Junior College and the other is from Lifesource Educational Services, LLC. Both agreements are in place so that EMS students can perform some of their clinical time with our department. The agreements require my signature and I am requesting that the items be placed on the next Commissioners Court agenda so I can be authorized to sign. Thank you Ma'am and I will see you soon. Take Care, Carl Lee King FIELD INTERNSHIP AFFILIATION AGREEMENT BETWEEN Calhoun County Emergency Medical Service 705 County Road 101 Port Lavaca, Texas 77979 361.552.1140 AND LifeSource Educational Services, LLC PO Box 3544 Victoria, Texas 77904 361.649.7567 It is mutually agreed by Calhoun County Emergency Medical Service, Port Lavaca, Texas, hereinafter referred to as "affiliate" and LifeSource Educational Services, LLC hereinafter referred to as "LES", that the field internship experience for students enrolled in the Emergency Medical Service Program at LES will be provided at Calhoun County Emergency Medical Service. It is agreed that LES and the affiliate will jointly select and assign learning experiences. LES will provide the service with a list of learning objectives and schedule of student assignments prior to the beginning of each experience. LES and Calhoun County Emergency Medical Service are affirmative action/equal opportunity institutions in regards to all programs and activities. No discrimination shall be made between individuals with regard to race, color, religion, national origin, sex, age, or handicap. OBJECTIVE AND SCOPE OF FIELD INTERNSHIP: The field internship is a period of supervised experience on an EMS vehicle which provides the student a progression of increasing patient care responsibilities proceeding from observation, to supportive roles, and finally acting as a team member. The affiliate must be licensed by the Texas Department of State Health Services as an EMS Provider and the vehicle must be staffed, equipped, and operate at least at the level the student is in training; i.e. BLS vehicle for EMT -Basic students, ALS for EMT -Intermediate students, and MICU for Paramedic students. This agreement supports the training for EMT -Basic and students being trained at the Advanced level (ex: EMT -Intermediate). The student must at all times be under the direction and supervision of an assigned preceptor. The preceptor must be currently certified to at least the level of which the student is in training. The initial student role shall be that of observer. After participating in actual patient care, the student may finally function as a patient care leader. However, the student shall not be placed in a position of being a necessary part of the regular EMS team. The team shall function without any necessary use of the student. LES RESPONSIBILITIES: LES EMS Program agrees to: a. Place only those students who are registered and academically qualified for internship experience for the purpose of learning in the field setting. b. Confer with the affiliate's administration, prior to registration for each semester, concerning the assignment of students to the service. C. Provide the affiliate with a detailed schedule including student name, date & times of assignment, and level of student training. d. Conduct administrative and educational activities of the EMS Program according to the established policies of LES. These include provisions for students health; keeping records of students' experiences, such as records of rotations, attendance, and proficiency; and evaluation and counseling of students with regard to performance. e. Guarantee that each student has a report of current immunizations and TB test results. The report shall include immunization history for diphtheria/tetanus, measles/mumps/rubella, and if applicable, HBV. TB tests results must be within one year of program entry and must be repeated annually throughout the program. f. Guarantee that each student and faculty member has professional liability insurance coverage. Terms of coverage or copies of the policy are available at the LES office. g. Guarantee that each faculty member and student agrees to abide by the policies and procedures as set forth by the affiliate and LES. h. If a student sustains injury, sudden illness, or exposure to communicable disease or bodily fluids occurs during performance of duties; said injury, illness, or exposure will be handled according to LES and affiliate policy. The student is responsible for any cost of medical treatment. AFFILIATE RESPONSIBILITIES: The Calhoun County Emergency Medical Service agrees to: a. Provide for EMS Program students, without compensation to the student, assignments to the affiliate for purpose of field internship experience. Provide and assign preceptors for each student experience. b. Provide overall control and supervision of patient care. C. Provide orientation of assigned EMT Program students. d. Maintain a qualified staff, vehicles, and equipment as required by the Texas Department of State Health Services. e. Evaluate student field performance and communicate the results to the EMS Program Clinical Coordinator. PRECEPTORS: The field preceptor is the person responsible for overseeing the student's activities during an ambulance rotation. Preceptors must be certified to at least the level of certification the student is currently seeking. Preceptors will be jointly approved and oriented by LES and the affiliate. The preceptor does not have to be present during basic, non-invasive care, but must direct and witness any invasive procedure. Preceptors are also responsible for evaluating student clinical performance and reporting to the LES Program Clinical Coordinator. A list of approved preceptors will be maintained by the affiliate. SCHEDULING: Date and time perimeters will be finalized prior to scheduling any rotations. If the affiliate has or establishes any other affiliations, assignments will be coordinated to avoid duplication of schedules. Students will schedule rotations through the LES EMS Program's Clinical Coordinator according to date/time perimeters set by the affiliate, preceptor availability, and their personal schedule. LES will submit to the affiliate, a schedule indicating the date, times, student name, and training level. TERMS OF AGREEMENT: This affiliation will be effective when all parties have signed this agreement. It will be effective for a one year period beginning/ending 1/1/16-12/31/16; provided however, this agreement may be terminated at any time for cause and/or violations of the terms herein. Furthermore, either party may terminate this agreement upon ninety (90) days written notice to the other party. A new agreement may be initiated if major changes or revisions in policies are considered necessary by LES or the affiliate. r , Chris Ramirez, lr. Date tzd Date EMS Program Director LifeSource Educational Services FY2015 ASSISTANCE TO FIREFIGHTERS GRANT (AFG) PROGRAM TO PROVIDE FUNDING TO ASSIST EMERGENCY MEDICAL SERVICE DEPARTMENTS MEET THEIR EMERGENCY RESPONSE NEEDS AND AUTHORIZE EMS TO APPLY FOR SAID GRANT: EMS Director Carl King stated the grant focuses on needs for personnel safety. Commissioner Lyssy made the motion to approve FY2015 Assistance to Firefighters Grant (AFG) Program to provide funding to assist Emergency Medical Service departments meet their emergency response needs and authorize EMS to apply for said grant. Commissioner Fritsch seconded the motion. Commissioners Galvan, Lyssy, Fritsch, Finster and Judge Pfeifer all voted in favor. Susan Riley From: Carl King <clking@att.net> Sent: Thursday, December 03, 2015 4:37 PM To: Susan Riley Subject: Grant Attachments: Homeland Security Grant.pdf Susan, Please place the following on the Courts agenda as well. I will be asking for permission to pursue a grant for equipment through funding from the U.S. Department of Homeland Security. It is entitled "Assistance To Firefighters Grant (AFG) Program. The program will provide funding to assist fire departments and emergency medical service departments meet their emergency response needs. Thanks, Carl Homeland "A' �Security " of Homeland Secmity Washington, DC 20529 NOTIFICATION OF FUNDING OPPORTUNITY ANNOUNCEMENT (NOFO) GRANT GUIDANCE AND APPLICATION AVAILABILITY FISCAL YEAR 2015 ASSISTANCE TO FIREFIGHTERS GRANT (AFG) PROGRAM To: Members of Congress From: Federal Emergency Management Agency Subject: Fiscal Year 2015 Assistance to Firefighters Grant (AFG) Program NOFO Release Date: December 1, 2015 Comments: This serves as notification that the U.S. Department of Homeland Security's Federal Emergency Management Agency's Fiscal Year 2015 Assistance to Firefighters Grant Program (AFG) will open on Monday, December 7, 2015 at 8:00 am eastern time. The application period for the FY 2015 AFG Program closes on January 15, 2015 at 5:00 pm eastern time. The Department gf1lomeland Security Appropriations Act, (Pub. L. 113-76) provides $306,000,0001 in AFC Program funding to assist fire departments and nonaffiliated ambulance and emergency medical service organizations meet their firefighting and emergency response needs. The AFG Program enables these organizations to obtain the tools and resources necessary to more effectively protect the health and safety of the public and emergency response personnel. 0 Grant guidance for this program will be available at www.grants. ov, and at http://www.fema.2ov/lire ran nts/afggrants/iiidex.shtm. Further, the "Get Ready Guide", available at litip://www.fema.gov/pdf/firearatits/Get Ready Guide.pdf , may also be useful for potential applicants and is provided to answer questions and to help prepare grant applications. Contact Information: For fire departments / applicants requiring assistance please visit www.fema.gov! *rt ants, or contact the AFG Help Desk at fu'egrants cr fema.aov or 1,866,274.0960. For congressional inquiries contact Chris Rizzuto at (202) 786-9450, Jay }carper at (202) 447-0458 or Laura Cirillo Edwards at (202) 212-3041. Note that this figure differs from the total amount appropriated under the Department ofElomelt+tnd Securityjlppropriations Act, 2015, Pub_ L. No. 114-4. In this FY 2015 AF'G NOFO, percentages of"available granijund," refers to the total amount appropriated--S340,000,000--by Pub. L. No. 114-4 to meet the statutory requirements of § 33 of the Federal l ire Prevention and Control Act of 1974, Pub, L. No. 93-498, as amended (15 U.S.C. § 2229). A portion of these "available grant funds' will be allocated to the Fire Prevention & Safety (FP&S) program, which will have a separate NOFO and application period. $34,000,000 will be allocated to FP&S for FY 2015. PURCHASE OF RUN REPORT SOFTWARE FROM ESO SOLUTIONS, INC. FOR EMS AT A PURCHASE PRICE OF $9,975 FOR THE FIRST YEAR AND SUBSEQUENT YEARS AT $8,480 AND AUTHORIZE EMS DIRECTOR CARL KING TO SIGN CONTRACT: No action taken Susan Riley From: Carl King <clking@att.net> Sent: Monday, December 07, 2015 8:34 AM To: Susan Riley Subject: Run Report Software Attachments: SKMBT_22315120708300.pdf Susan, Please place the following on court agenda: The purchase of run report software from ESO Solutions, Inc. at the first year's price of $9,975.00 and subsequent years at $8,480.00. If the purchase is approved, I will need authorization from the court to sign the contract. I will be available to answer questions this week prior to the meeting and I will also be present at the meeting to answer questions. Thank You, Carl Lee King SUBSCRIPTION AGREEMENT This Subscription Agreement (die Agreement') is entered into this day of 20 ("Effective Date") by and between ESO SOLUTIONS, INC., a Texas corporation with its principal place of business at 9020 N Capital of Texas Highway, Building E7300, Austin, Texas 79759 ('ESO"), and Calhoun County EMS with its principal place of business at 705 County Road 101 Port Lavaca, Tx 77979 ("Customer") (each a `Party"_and collectively the "Par ies"). WHEREAS, 15SO is in the business of providing software serviecs (the "Servle&') to businesses and municipalities; and WHEREAS, Customer desires to obtain these Services from ESO, all upon the terms and conditions set forth herein; NOW, THEREFORE, for and in consideration of the agreement made, and the payments to be made by Customer, the Parties mutually agree to the following: 1. SeWlees. ESO agrees to provide Customer the Services selected by Customer on Exhibit A attached hereto and incorporated by reference herein. Customer agrees that Services purchased hereunder are neither contingent.on the delivery of any future- functionality or future features, nor dependent on any oral or written public comments made by ESO regarding fuduo functionality or future features. 2. Term, The Tenn ofthis Agreement shall commence on the Effective Date and shall terminate one year after the Effective Date ("Initial Term'). THE AGREEMENT SHALL AUTOMATICALLY RENEW FOR SUCCESSIVE RENEWAL TERMS OF ONE YEAR, UNLESS ONE PARTY GIVES THE OTHER PARTY WRITTEN NOTICE THAT THE AGREEMENT WILL NOT RENEW, AT LEAST THIRTY (30) DAYS PRIOR TO THE END OF THE CURRENT TERM, 3. Subscrimion trees. Invoices and Payment Terms. a, Subscription Feess, Customer shall pay to ESO the fees for the Services as described in Exhibit A (the "&bse4ption Fees'). ESO may evaluate Customer's usage and adjust Customer's invoice based on changes in Customer usage as indicated in Exhibit A. ESO shall have the option to increase pricing, except during the Initial Term, as long as Uprovides at least sixty (60) days' notice ofsuch increase to Customer prior to automatic renewal under Section 2 above. b. Payment of Involves. Customer shall pay the full amount of invoices within thirty (30) days of receipt (the `Due Date"). Customer is responsible for providing complete and accurate billing and contact information to ESO and to notify ESO of any changes to such information. c, Disputed Invoices. If Customer in good With disputes a. portion of an invoice, Customer shall remit to ESO, by the One Date, full payment of the undisputed portion of the invoice. In addition, Customer must submit written daeumentation: Ill identifying the disputed amount, (ii) an explanation as to why the Customer believes this amount is incorrect, (Ili) what the correct amount should be, and IN) written evidence supporting Customer's claim. If Customer does not notify ESO of a'disputed invoice by the Due Date, Gyrsiomer shall have waived its right to dispute that invoice. Any disputed amounts determined by ESO to be payable shall be due within ten (10) days of such determination. 4. Termination. a. Termination by Customer for ESO Def ad If ESO fails to perform a material obligation under this Agreement and does not remedy such failure within thirty (30) days following written notice from Customer (` ESD De, fault'), Customer may terminate this Agreement without incurring further liability, except for the payment of all accrued but unpaid Subscription Fees. If ESO is unable to provide Service(s) for ninety (90) consecutive days due to a Force Majeum event as defined in Section 16a, Force Mgleure, Customermay termivatethe affected Service(s) without liability to ESO. Termination by ESO for Customer Default. ESO may terminate this Agreement with no further liability if (i) Customer fails to pay for Services as required by this Agreement and such failure remains uncorrected for five (5) days following written notice from ESO, or (if) Customer fails tuperform any other material obligation under this Agreement and does not remedy such failure within thirty (30) days following written notice from ESO (collectively referred to as "Customer DefaulF'). In the event of a Customer Default, ESO shall have the right to (i) terminate this Agreement; (ii) suspend all Services being provided to Customer; CM) terminate the right to use the Sollware on the web andlor mobile devices; (iv) apply interest to the amount past due, at the rate of one and one-half percent (I %s%) (or the maximum legal rate, if less) of the unpaid amount per month; (v) offset any amounts that we owed to Customer by ESO against the past due amount then owed to ESO, and/or (vi) take any action in connection with any other right or remedy ESO may have under this Agreement, at law or in equity. If ESO terminates tills Agreement due to a Customer Default, Customer shall remain liable for all acomed Subscription Fees and other charges, In addition, Customer agrees to pay ESO's reasonable -expenses (including attorney and collection fees) incurred in enlbroing ESO's rights in the event of a Customer Default, S. Det v_ery of Data upon Expiration or Termination of Agreement If Customer requests its data within thirty (30) days of expiration of this Agreement, or the tarmination of this Agreement pursuant to Section 4 above, ESO shall deliver to Customer its data. ESO shall make reasonable and good With efforts to accommodate Customer's preference for the type of media for delivery. Customer shall reimburse ESO for the cost of the media on which Customer's data is delivered to Customer, 6. System Maintenance. In the event ESO determines that it is necessary, to interrupt the Services or that there is -a. potential for Services to be interrupted for the performance of system maintenance, ESO will use good -faith efforts to notify Customer prior to the performance of such malntenauce and will schedule such maintenance during non -peak hours (midnight to 6 &in, Central Standard Time). In no event shall interruption of Services for system maintenance constitute a failure of performance by ESO. 7. Access to Intern Customer has sole responsibility for obtaiding,.maintaining, and scouring its conncctions to the Internet, and ESO makes no representagons to Customer regarding the reliability, performance or security of any particular network or provider. S. Mobile Software. If Customer elects to use ESO's Mobile Software (the' Software"), the provisions of this Section shall apply. a: Use of Software. Subject to the terms, conditions and restrictions in this Agreement and in exchange for the Mobile Software Interface Fees and/or Subscription Fees, ESO hereby grants to Customer a non-exclusive, world-wide, non-translomble rights, for the Term of this Agreement, to use and copy (for installation and backup purposes only) the Software to the units for which the Mobile Software Interface has been purchased. b. Ownership and Restrictions. This Agreement does not convey any rights of ownership in or title to the Software or any copies thereof. All right, title and interest in the Software and any copies or derivative works thereof shall remain the property of ESO. Costorrer will not. (i) disassemble, reverse engineer ormodify the Software; (i} allow any third party to use the Software;.(iii) use the Software as a component in any product or serviceprovided by Custemerto a third'party; (iv) tratlsfey sell, assign, or otherwise convey the Software; (v) remoye any proprietary nodecs placed on or contained within the Software; or (vni) copy the Software except for backup purposes. Customer agrees to keep the Software free and clear of all claims; liens, and encumbrances. c, Mobile Software Interface Fee. The Mobile Software Interface Fee is non-refundable. 'rho Software shall be deemed accepted upon delivery to Customer. d. Title. ESO hereby represents and warrants to Customer that ESO is the oumerof the Software or otherwise has the right to grant to Customer the rights set forth in this Agreement. In the event of a breach or threatened breach of the foregoing representation and warranty, Customer's sole remedy shall be to require ESO to either: (i) procure, at ESWs expense, the right to use the Software, or (ii) replace the Software or any part thereof that is in breach and replace it with Software of comparable functionality that does not cause any breach. 9. Support and Updates During the Term of this Agreement, ESO shall provide Customer the support services and will meet the service levels as set forth in Exhibit B attached hereto and lnaorporated homin. ESO will also provide Updates to Customer, in accordance with Exhibit B. IS. Other Services. Upon request by Customer, ESO may provide services related to the Software other than,the standard support described above at ESO's then -current labor rates. This may include on -site consultation, configuration., and initial technical assistance and training fir the purpose ofinstalling the Software and training selected persormel on the use and support of the Software. ESO shall undertake reasonable efforts to accommodate any written request by Customer for such professional services. lI, Indempification Iry Customer. Crts[omer will.defend and indemnify ESO from any and all claims brought by third parties against ESO and will hold ESO harmless from all corresponding losses incurred by ESO arising out (if at related to (i) Customer's misuse of the Services and/or Software. (h) any services providedbyCustomcrto third parties, or (tit) Customer's negligence, inaction or omission in connection with the services it provides to third parties. 12, Lim(tattonoMiability. NOTWITHSTANDING ANY OTHER PROVISION HEREOF, NEITHER PARTY SHALL BE LIABLE TO THE OTHER PARTY OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL, RELIANCE, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES (INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOST PROFITS, LOST REVENUES OR COST OF PURCHASING REPLACEMENT SERVICES) ARISING OUT OF OR RELATING TO THIS AGREEMENT. ADDITIONALLY, ESO SHALL NOT BE LIABLE TO CUSTOMER FOR ANY ACTUAL DAMAGES IN EXCESS OF THE AGGREGATE AMOUNT THAT ESO HAS, PRIOR TO SUCH TIME, COLLECTED FROM CUSTOMER WITH RESPECT TO SERVICES DELIVERED HEREUNDER. FURTHERMORE,dN NO EVENT SHALL EITHER PARTY BE LIABLE - TO THE OTHER, EITHER IN CONTRACT OR IN TORT, FOR PROTECTION FROM UNAUTHORIZED ACCESS OF CUSTOMER DATA OR FROM UNAUTHORIZED ACCESS TO OR ALTERATION, THEFT OR DESTRUCTION OF CUSTOMER DATA FILES, PROGRAMS, PROCEDURES OR INFORMATION, NOT -CONTROLLED BY ESO, THROUGH ACCIDENT OR FRAUDULENT MEANS OR DEVICES, THIS SECTION SHALL SURVIVE ANY TERMINATION OR EXPIRATION OF THIS AGREEMENT. EACH PARTY ACKNOWLEDGES THAT THIS LIMITATION OF LIABILITY WAS SPECIFICALLY BARGAINED FOR AND IS ACCEPTABLE TO CUSTOMER. FURTHER, EACH PARTY'S WILLINGNESS TO AGREE TO THE LIMITATIONS CONTAINED IN THIS SECTION WAS MATERIAL TO ENTERINGINTO THIS AGREEMENT. 13. Actmmvie8eements and Disclaimer of Warranties. Customer acknowledges that ESO cannot guarantee that there will never be any outages in ESO network and that no credits shall be given in the event Customer's access to ESO's network is interrupted. THE SERVICES ARE PROVIDED "AS IS." UNLESS OTHERWISE SPECIFIED HEREIN, ESO MAKES NO REPRESENTATION OR ESO Solutions, Inc. Subscription Agreement 092214 Page of 12 WARRANTY TO CUSTOMER OR ANY OTHER PERSON OR ENTITY, WHETHER EXPRESS, IMPLIED OR STATUTORY, AS TO THE DESCRIPTION, QUALITY, MERCHANTABILITY, COMPLETENESS OR FITNESS. FOR A PARTICULAR PURPOSE, OF ANY SERVICE OR SOFTWARE PROVIDED HEREUNDER OR DESCRIBED HEREIN, OR AS TO ANY OTHER MATTER (INCLUDING WITHOUT LIMITATION THAT THERE WILL BE NO IMPAIRMENT OF DATA OR THAT SERVICES WILL BE UNINTERRUPTED OR ERROR FREE), ALL OF WHICH WARRANTIES BY ESO ARE HEREBY EXCLUDED AND DISCLAIMED, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. 14. Confidential Information. "Conftdendal rnformation" shall mean all information disclosed in writing by one Party to the other Patty that is clearly marked "CONFIDENTIAL" or "PROPRIETARY" by the disclosing Party at the time of disclosure or which reasonably should be understood to be confidential given the nature of the information and the circumstances of disclosure. Confidential Information does not include any information that (i) was already known by the receiving Party free of any obligation to keep it confidential at the time of its disclosure; (it) becomes publicly knovrn through no wrongful act of the receiving Patty; (III) Is rightfully received from a third person without knowledge of any confidential obligation; (iv) is independently acquired or developed without violating any ofthe obligations under this Agreement; or (v) is approved foryelease by written authorization of the disclosing Party. A recipient of Confidential Information shall not disclose the information to any person or entity except for the recipients and/or its employees, contractors and consultants who have a need to know such Confidential Information. The recipient may disclose Confidential hifomiatiou pursuant to a Judicial or governmental request, requirement or order; provided that the recipient shalt take all reasonable steps to give prior notice to the disclosing Party. Confidential Information shall not be disclosed to any third party without the prior written consent of the owner of the Confidential Information. The recipient shall use Confidential Information only for purposes of this Agreement and shall protect Confidential Information from disclosure using the saine degree of care used to protect its own Confidential Information, but in no event less than a reasonable degree of cam, -Confidential Information shall remain the property of thedisclosing Party shall be returned to the disclosing Party or destroyed upon request of the disclosing Party. Because monetary damages may be insufficient in the event of a breach or threatened breach of the foregoing provisions, the affected Party may be notified to seek art injunction or restraining order in addition to such other rights or remedies as may be available under this Agreement, at law or in equity, including but not limited to monetary damages. 15. General Provisions. a Force Maieure. Neither Party shall be liable to the other, nor deemed in default under this Agreement if and to the extent that such Party's perfornance of this Agreement is delayed or prevented by reason of Force Majmre, which is defined to mean an event that is beyond thereasonable control ofthe affected Party and occurs without such.Party's fault or negligence. b. Entire Agreement This Agreement, including all.soliedules, exhibits, addenda and any Business Associate Agreement (as that term is used in the Health Insurance Portability and Accountability Act and related regulations) (see Exhibit C are incorporated herein by reference, constitutes the entire agreement between the Parties and supersedes all prior and contemporaneous agreements, proposals or representations, written or oral, concerning its subject matter. No modification, amendment, or waiver of any provision of this agreement shall be effective unless in writing avid signed by the Party against whom the modification, amendment orwaiverisasserted. c. Governing i.aw. This Agreement shall be governed by the laws of the State of Texas without regard to choice or conflict of law rules. d. Arbitration. Any controversy or claim arising out of or relating to this Agreement, or a breach of this Agreement, shall be finally settled by arbitration in Austin, Texas, and shall be resolved under the laws of the State of Texas. The arbitration shall be conducted before a single arbitrator, who may be a private arbitrator, in accordance with the commercial rules and practices of the American Arbitration Association then in eftecL Any award, order or judgment pursuant to such arbitration shall be deemed final and binding and may be enforced in any court of competent jurisdiction. The arbitrator may, as. part of the arbitration award, permit the substantially prevailing Party to recover all or part of its attorney's fees and other out-of-pocket costs incurred in connection with such arbitration. Alt arbitration proceedings shall be conducted on a confidential basis. the Parties knowingly, voluntarily, and irrevocably waive their right to a trial by jury. e. No Press Releases without Consent, Neither Party may use the other Party's time or trademarks, nor issue any publicity or public statements concerning the other Party or the existence or content of this Agreement, without the other Patty's prior written consent. Notwithstanding, Customer agrees that ESO may use Customer's name and logo in ESO sales presentations, without Customer's prior written consent during the Term of this Agreement, but only for the purposes of identifying the Customer as a customer of ISO, Likewise, Customer may use ESO's name and logo to identify ESO as a vendor of Customer. f. Aggregate Data Reporting. Customer hereby grants ESO the right to collect and store its data for aggregate reporting purposes, but in no event shall ESO disclose Protected Health iafor moon ("PHP') unless permitted by law. Moreover, ESO will not identify Customer ilhout Customer's consent. ESO Solutions, Inc. Subscription Agreement092214 Page 3 of 12 g. Compliance ivith Laws. Both Parties shalt comply with and give al I notices required by all applicable federal, state and local laws, ordinances, rules, regulations and lawful orders of any public authority bearing on the performance ofthis Agreement. b, Waiver, No failure or delay by either Party in exercising any right under this Agreement shall constitute a waiver of that right, If Customer has made any change to the Agreement that Customer did not bring to ESO's attention in a way that is reasonably calculated to put ESO on notice of the change, the change shall not becume part of the AgreemenL 1. Severability. If any provision of this Agreement is held by a court ofcompetent jurisdiction to be contrary to law, the provision shall lie modified by the court and interpreted so as best to accomplish the objectives of the original provision to the fullest extent permitted by law, and the remaining provisions of this Agreement shall remain in effect. j. Taxes and Pees. This Agreement is exclusive of all taxes and fees. Unless otherwise required by law, Customer is responsible for and will remit (or will.reimburse ESO for) all taxes of any triad, including sates, use, duty, customs, withholding, property, value. added, and other similar Wend, state or local taxes (other than taxes based on ESO's income). assessed in connection with the Services and/or Software provided to Customer under this Agreement. k Independent Contractor. Nothing in this Agreement shall be construed to create: (i) a partnership, joint venture or other joint business relationship between the Parties or any of their affiliates; or (if) a relationship" of employer and employee between the Parties. ESO is an independent contractor and not an agent of Customer. 1. Counterparts; Execution. This Agreement and any amendments hereto may be executed by the Parties individually or in any combination, in one or more counterparts, each of which shall be an original and all of which shall together constitute one and the same agreement. Execution and delivery ofthis Agreement and any amendments by the Parties shall be legally valid and effective through: (i) executing and delivering the paper copy of the document, (if) transmitting the executed paper copy of the documents by facsimile transmission or electronic mail in "portable document format (":pdr) or other electronically scanned formal, or (iii) creating, generating, sending, receiving or storing by electronic means this Agreement and any amendments, the execution of J which is accomplished through use of an electronic process and executed or adopted by a Party with the intent to execute this Agreement (i.e. "electronic signature" through a process such as DocuSigall). In making proof ofthis Agreement, it shall net be necessary to produce or account for more than one such counterpart executed by the Party against whom enforcement of this Agreement is sought. m. Notice. All notices, requests, demands and other communications, required or permitted to be given or made under this Agreement shall be in writing, shall be effective upon receipt or attempted delivery, and shall be sent by (i) personal delivery; (ii) certified or registered United States mail, return receipt requested; (iii) overnight delivery service with proof of delivery, or (iv) fax. Notices shall be sent to the addresses above. No Party to this Agreement shall refuse delivery of any notice hereunder. [signature Page Follows] ESO Solutions, Ino, Subscription Agreement 042214 Page 4 of 12 IN WITNESS WHEREOF, the undersigned expressly agree and warrant that they are authorized to sign and enter into this Agreement on behalf of the Party for which they sign and have executed this Agreement on the Effective Date first written above. ESO: CUSTOMER: [Signature] [Signature] Chris Billie [Printed Name] [Printed Name] President and CEO [Title] [Date] ESO Solutions, Inc. SubseiiRtion Agreement 052214 Page 5 of 12 EXHIBIT A SCHEDULE OF SUBSCRIPTION FEES Customer has selected the following Services, at the fees indicated: ePCRSuite wlQuallty I I j Annual Recurring Cost. Includes unlimited users, Gve support state data Management 2,600-3,760 I 4.00 $6,095.00 $5,996.o0l reporting,Analytics, hospital link -up, continuouswaeklyweb training,free Incidents I mglonai user groups, and software upgrades Mobue2,,600-3,750 loddEmle, 7.00�$t;295.00-59.295.003 Annual Recurring alt-ilnlitnfted moitte li epCand tesersrct0mefunc"tfianality Candies Monitor 2,600- I i i Annual Recurring Coat- unlimited cardiac monitors, ellnws for import of 3,750 Incidents cardiac monitardate 81114rg Standard interltos, 7,00; $39600' $385Rf1; Annual Recurring Cost-Allm9a for integration of eFCR data into biting 2:500-3,760 irsddenta ! software ! One -Time Cost-Onsite training. Also includes web training, syatam setup, 9Qrvtces -Training { 9A0 _ $995.00I $995.00 and lmplementotlon .v#Ces-Training Travel 1.00 $750.O01 $500,00 Ono -Time Cost- rzslimated travel expenses for onsite training GmndTotal $9,978:00 PAYMENT TERMS AND PAYMENT MILESTONES The subscription year for Services shall begin upon execution of the Subscription Agreement or upon the commencement of active work on software implementation, whichever date comes later. The Subscription Fees are invoiced annually in advance commencing upon execution of this Agreement. Mo Solutions, Inc. Sutwription Agrecment092214 Page 6 nt12 EXHIBIT B SUPPORT SERVICES AND SERVICE LEVELS This Exhibit describes the sothvare support services ("Support Services") that ESO will provide and flip service levels that ESO will meet. 1. Definitions. Unless defined otherwise herein, capitalized terms used in this Exhibit shall have the same meaning as set forth in the Agreement. (a) "Customer ServiceRepres imadve" shall be the person at ESO designated by ESO to receive not!= of Errors encountered by Customer that Customer's Administrator has been unable to resolve. (b) "Error" means any failure of the Software to conform in any material respect with its published specifications. (c) "Error Correction" means a bug fix, patch, or other modification or addition that brings the Software into material conformity with its published performance specifications, (d) "PriorityA Error" means an Error that renders the Software inoperable or causes a complete failure:of the Software. (e) "Prtor4, B Error" means an Error that substantially degrades die performance of the Software or materially restricts Customer's use of the Software. (0 "Priority CEnor"means an Error that causes only a minor impact on Customer's use of the Software, (g) "Update" means any new commercially available or deployable version of the Software, which may include Error Corrections, enhancements orother modifreatiens, issued by ESO from time to time to its Customers. (h) "Nornurl Business Hours" means 7:OD am to 7:00 pm Monday through Friday, Central Time Zone. 2. Customer Obligations. Customer will provide at least one admiaistm&ve employee (the `Adminisirator" or Administratgre') who will handle all requests for first - level support from Customer's employees with respect to the Software. Such support is intended to be the 'Tront lino" for support and information about the Software to Customer's employees. ESO will provide training, documentation, and materials to the Administrators. to enable the Administrators to provide technical support to Customer's employees. The Administrators will refer any Errors to ESO's Customer Service Representative that the Administrators cannot resolve, pursuant to Section 3 below; and the Administrators will assist ESO in gathering information to enable ESO to identify problems with respect to reported Errors. 3. Sunuort Services. (a) Scope. As further described herein, the Support Services consist o£ (i) Error Corrections that the Administrator is unable to resolve and (ii) periodic delivery of Error Corrections and Updates. The Support Services will be available to Customer during normal business hours, to the extent practicable. Priority A Errors encountered outside normal business hours may be communicated to the Customer Service Representative via telephone or email. Priority B and C Errors encountered outside normal business hours shall be communicated via email. (b) Procedrtre_ (i) RepoitofError. In reporting arty Error, the Customer's Administrator will describe to ESO's Customer Service. Representative the Error in reasonable detail and the ciroumstances under which the Error occurred or is occurring; the Administrator will initially classify the Error as a Priority A, B or C Error. ESO reserves the right to reclassify the Priority of the Error. (ii) Efforts Required, ESO shall exercise commercially reasonable efforts to correct any Error reported by the Administrator in accordance with the priority level assigned to such Error by the Administrator. Errors shall be communicated to ESO's Customer Service Representative after hours as indicated below, depending on the priority level of the Error. In the event of an Error, ESO will within die time periods set forth below, depending upon the priority level of the Error, commence verification of the Error; and, upon verification, will commence Error Connection. ESO will work diligently to verify the Error and, once an Error has been verified, and until an Error Correction has-been provided to the Administrator, shall use commercially reasonable, diligent efforts to provide a workaround forthe Error asaoon as reasonably practicable. ESO will provide the Administrator with periodic reports on the status of the Error Correction on the frequency as indicated below. Priority of Error Communicating Error to ESO Time in Which ESO Will Frequency 'of Periodic Status outside Normal Business Hours Commence Verification Re errs PriorityA Telephone or email Within 8 hours of Every 4 hours until resolved notification Priority B Email Within 1 business day of Every G hours untl resolved notification Priority Email Within two calendar Every week=81 resolved weeks ofnodfication ESO Solutions, Inc. Subscription Agreement 042214 Page 7 of 12 4. LSD Server Administration, PSO is responsible For maintenance of Server hardHara. Server administration includes: (a) Monitoring and Response (b) Service. Availability Monitoring (0) Backups (d) Maintenance (i) MiemsoltPotelsManagement (b) Security patches to supported applications and related components (iii). Event Log Monitoring (iv) Log Fite Maintenance (v) Drive Space Monitoring (0) Security (0 Virus Definition&Prevention (g) Firewall HSO Solutions, Inc. Subscription Agreement 092214 Page 8 Of 12 EXHIBIT C BUSINESS ASSOCIATE AGREEMENT This Business Associate Agreement (`Agreement") is entered into by and between ESO Solutions, Inc, ("Vendor"), a Texas corporation; and Customer ("Covered EnfltJP% as of die Effective Date of the Subscription Agreement, for the purpose of setting forth Business Associate Agreement terms between Covered Entity and Vendor. Covered Entity and Vendor each are referred to as a "Party" and collectively as the "Parties." This Agreement shall commence on the Effective Date set forth above. WHEREAS, Covered Entity, owns, operates, manages, performs services for, otherwise are affiliated with or are themselves a Covered Entity as defined in the federal regulations at 45 C.F.R. Parts 160 and 164 (the "Privacy Standards") promulgated pursuant to the Health Insurance Portability and Accountability Act of 1996 ("HIPAA") and the Health Information'fechnology for Economic and Clinical Health Act of 2009 ("HITECIT ); WHEREAS, pursuant to HIPAA and HITECH, tire U.S. Department of Health & Human Services (`HHS") promulgated the Privacy Standards and the security standards at 45 C.F.R. Parts 160 and 164 (the "Security Standardv") requiring certain individuals and entities subject to the Privacy Standards and/or the Security Standards to protect the privacy and security of certain individually identifiable health, information ("Protected Health Pi:forntaUan" or "PAP`), including eleetronieprotected health information ("EPHP); WHEREAS, the Parties wish to comply with Privacy Standards and Security Standards as amended by the HHS regulations promulgated on January 25, 2013, entitled the "Modifications to the HIPAA Privacy, Security, Enforcement, and Breach Notification Rules Under the health Information Technology for Economic and Clinical Health Act and the Genetic Information Nondiscrimination Act," as such may be revised or amended by HHS from time to time: WHEREAS, in connection with Vendor's performance under its agreemcnt(s) or other documented arrangements between Vendor mid Covered Entity, whether in effect as of the Effective Date or which become effective at any time during the term of this Agreement (collectively "Business ArrangernmW), Vendor may provide services for, or on behalf of, Covered Entity that require Vendor to use, disclose, receive, access, create, maintain and/or transmit health information that is protected by state and/or federal law; and WHEREAS, Vendor and Covered Entity desire that Vendor obtain access to PHI and EPHI in accordance with the terms specified herein; NOW, THEREFORE, in consideration of the mutual promises set forth in this Agreement and the Business Arrangements, and other good and valuable consideration, the su#iiciency and receipt of which are hereby severally acknowledged, the Parties agree as follows: I. Vendor ObH2ations. In accordance with this Agreement and the Business Arrangements, Vendor may use, disclose, access, create, maintain, transmit, and/or receive on behalf of Covered Entity health information that is protected under applicable state and/or federal law, including without limitation., PHI and BPHI. Ali capitalized terms not otherwise defined in this Agreement shall have the meanings set forth in the regulations promulgated by HHS in accordance with HIPAA and HITECH, including the Privacy Standards and Security Standards (collectively referred to hereinafter as the "Canfidenttalfty Requirements"). All reference to PHI herein shall be constmed to include EPHI. PHI shall mean only that PHI Vendor uses, discloses, accesses, creates, maintains, transmits and/or receives for or on behalf of Covered Entity pursuant to the Business Arrangements. The Parties hereby acknowledge that the definition ofPHfincludes "Gametic Information" assot forth at45C.F.R. § 160.103, To the extent Vendor is to carry out an obligation of Covered Entity under the Confidentiality Requirements, Vendor shall comply with the provisions) of the Confidentiality Requirements that would apply to Covered Entity (as applicable) in the performance of such obligations(s). 2. Use of PHI Except as otherwise required bylaw, Vendor shall use PHI in compliance with this Agreement and 45 C.F.R. §164.504(e). Vendor agrees not to use PHI in a manner that would violate the Confidentiality Requirements if the PHI were used by Covered Entity in the same manner. Furthermore, Vendor shall use PHI for the purpose of performing services for, or on behalf of, Covered Entity as such services me defined in the Business Attangements. In addition, Vendor may use PHI (I) as necessary for the proper management and administration of Vendor or to carry out its legal responsibilities; provided that such uses are permitted under federal and applicable state law, and (li) to provide data aggregation services relating to the health care operations of the Covered Entity as defined by 45 C.F.R. § 164.501. Covered Entity also authorizes Vendor to collect and store its data for aggregate reporting, but in no event shall Vendor disclose PHI unless permitted by law. Moreover, Vendor will not identify Covered Entity without consent. Covered Entity authorizes Vendor to deidonify PHI it receives from Covered Entity. All de identification of PHI must be performed in accordance with the Confidentiality Requirements, specifically 45 C.F.R. §164.514(b). 3. Disclosure ofPHl. ESO Seleden5, Inc. Subscription Agreement 092214 Page 9 of 12 3.1 Subject to any limitations to this Agreement, Vendor may disclose PHI to any third parry m necessary to pertbr n its obligations under the Business Arrangements and as permitted or required by applicable. law. Vendor agrees not to disclose PHI in a manner that would violate the Confidentiality Requirements if the PHI was disclosed by the Covered Entity in the same manner. Further, Vendor may disclose PHI for the proper management and administration of Vendor; provided that: (i) such disclosures are required by law; or (if) Vendor. (a) obtains reasonable assurances from any third party to whom the PHI is disclosed that the PHI will be held confidential and used and disclosed only as required by law or for the purpose for which it was disclosed to third party, and (b) requires the third party to agree to immediately notify Vendor of any instances of which it is aware that PHI is being used or disclosed for purpose that is not otherwise provided for in this Agreement or for a purpose not expressly permitted by the Confidentiality Requirements. Vendor shalt report to Covered Entity any use or disclosure of PHI not permitted by this Agreement of which it becomes aware. Such report shall be made within five (5) business days of Vendor becoming aware of such use or disclosure. 3.2 If Vendor uses or contracts with any agent, including a subcontractor (collectively "Subcontractors") brat uses, discloses, accesses, creates, receives, maintains or transmits PHI on behalf of Vendor, Vendor shall require all Subcontractors to agree in writing to the same restrictions and conditions that apply to Vendor under this Agreement In addition to Vendor's obligations under Section 9, Vendor agrees to mitigate, to the extent practical and unless otherwise requested by the Covered Entity, any barmfirl effect that is known to Vendorandis the result of a rise or disclosure of PHI by Vendor or any Subcontractor in violation of this Agreement. Additionally, Vendor shall ensure that all disclosures of PHI by Vendor and its Subcontractors comply with the principle of "minimum necessary use and disclosure," (Le., in accordance whh 45 C.F.R. §164.502(b), only the minimum PHI that is necessary to accomplish the -intended purpose.may bedisclosed). 4. t Individual Ri his Reearding Doi nated Record Sets. If Vendor maintains aDesignatcd Record Set on behalfof Covered Entity, Vendor shall: (i) provide access to and permit inspection and -copying of PHI by Covered Entity under conditions and limitations required under 45 C.F.R. §164.524, as it may be amended from time to time; and (ii) amend PHI maintained by Vendor as required by Covered Entity. Vendor shall respond to any request from Covered Entity for access by an individual within ten (10) business days of such request and shall make any amendment requested by Covered Entity within twenty (20) business days of such request .Any information requested under this Section 4 shall be provided in a form or formatrequested, if it is readily producible in such form or format, Vendor may charge a reasonable fee based upon Vendor's labor.cests in responding to a request for electronic information (or a cost -based fee for the production of non-electronie media copies). Vendor shall notify Covered Entity withlnten (10) business days of receipt of any request for access or amendment by an individual. Accountinn of Disclosures. Vendor shall make available to Covered Entity within ten (10) business days of a request by Covered Entity the information required for an accounting of disclosures of PHI in accordance with 45 C.F.R. §164.528 (or such shorter time as may be required by state or federal law). Such accounting must be provided without cost if it is the first accounting requested within any twelve (12) month period. For subsequent accountings within the some twelve (12) month period, Vendor may charge a reasonable feo based upon Vendor's labor costs in responding to a request for electronic information (or a cost -haled fee for the production of non-eleotrome media copies) only after Vendor informs Covered Entity and Covered Entity informs the individual in advance of the fee, and the individual is afforded an opportunity to withdraw or raml* the request. Such accounting obligations shall survive termination or expiration of this Agreement and with respect to any disclosure, whether on or before the termination of this Agreement; shall continue for a minimum ofseven (7) years following the date of such disclosure. 6. Withdrawal ofAuthorizatian. If the use or disclosure of PHI under this Agreement is based upon an individual's specific authorization regarding the use of his or her PHI, and-, (i) the individual revokes such authorization in writing; (fi) the effective data of such authorization has expired; or (fit) the authorization is found to be defective in any mariner that renders it invalid for whatever reason, then Vendor agrees, if it has received notice from Covered Entity of such revocation or invalidity, to cease the use and disclosureof any such individual's PHI except to the extent Vendor has relied on such use or disclosure, or where an exception under the Confidentiality Requirements expressly applies. 7. Records -and And ik ' Vendor shall make available to HHS or its agents its internal practices, books, and records relating to the compliance of Vendor and Covered Entity with the Confidentiality Requirements, such internal practices, books and records to be provided in the time and manner designated by1II4S or its agents, 8. implementation of Security Standards; Notice ofSeemity Incidents. Vendor will comply with the Security Standards and, by way of example and not limitation, use appropriate safeguards to prevent the use or disclosure of PHI other thao as expressly permitted under this Agreement In accordance with the Security Standards, Vendor will implement administrative, physical, and technical safeguards that protect the confidentiality, integrity and availability of the PHI trot it uses, ESO Solutions, Inc. Subscription Agreement 092214 Page 10 of 12 discloses, accesses, creates, receives, maintains or transmits. To the extent feasible, Vendor will use commercially reasonable efforts to ensure that the technology safeguards used by Vendor to secure PHI will render such PM unusable, unreadable and indecipherable to individuals unauthorized to acquire or otherwise have access to such PHI. Vendor will promptly report to Covered Entity any Security Incident of which itbecomes aware; provided, however, that Covered Entity acknowledges and shall be deemed. to have received notice from Vendor that there are routine occurrences of.' (1) unsuccessful attempts to penetrate computer networks or services maintained by Vendor; and (it) immaterial Incidents such m "pinging" or "denial of services" attacks. At the request of Covered Entity, Vendor shall identify; the date of the Security Incident, the scope of the Security Incident, Vendor's response to the Security incident, and to the extent permitted by law, the identification of the party responsible for causing the Security Incident, if known. 9. Data Breach Notification and Mitigation. 9.1 HIPAA Data Breach Notification and Mitigation. Vendor agrees to implement reasonable systems for the discovery and prompt reporting of any "breach" of "unsecured PHI" as those terms are defined by 45 C.F.R. 11164,402 ("HIPAA Breach"). The Parties acknowledge and agree that 45 C.HR, §§ 164.404 and 164.4 10, as describe below in this Section 9.1, govern the detemtination of the date of a HIPAA Breach. In the event of any conflict between this Section 9.1 and the Confidentiality Requirements, the more stringent requirements shall govern. Following the discovery of a HIPAA Breach, Vendor will notify Covered Entity immediately and In no event later than five (5) business days after Vendor discovers such HIPAA Breach unless Vendor is prevented from doing so by 45 C.P.R. §164.412 concerning law enforcement investigations. For purposes of reporting a HIPAA Breach to Covered Entity, the discovery of a HIPAA Breach shall occur as of the first day on which such HIPAA Breach is known to Vendor or, by exercising reasonable diligence, would have been known to Vendor. Vendor will be considered to have had knowledge of a HIPAA Breach if the HIPAA Breach is known, or by exercising reasonable diligence would have been known, to any person (other than the person committing the HIPAA Breach) who is an employee, officer or other agent of Vendor. No later than ten (10) business days following a HIPAA Breach, Vendor shall provide Covered Entity with sufficient information to permit Covered Entity to comply with the HIPAA Breach notification requirements set forth at 45 C.F.R. §164.400 et. seq. This Section 9.1 shall survive the expiration or termination of this Agreement and shall remain in effect for so long as Vendor maintains PHI. 9.2 Data Breach Notif si on and Mitigation Under Other haws. In addition to the requirements of Seetion 9.1, Vendor agrees to implement reasonable systems for the discovery and prompt reporting of any breach of individually identifiable information (including, but not limited to, PHI and referred to hereinafter as "Individually Identiftable Information") that, if misused, disclosed, lost or stolen would trigger an obligation under one or more State data breach notification laws (each a "State Breach") to notify the individuals who are the subject of the information. Vendor agrees that in the event any individually Identifiable Information is lost, stolen, used or disclosed in violation of one or more State data breach notification laws, Vendor shall promptly; (f) notify Covered Entity within two (5) business days of snob misuse, disclosure, loss or tbetl; and (ti) cooperate and assist Covered Entity with any investigation into any State Breach or alleged State Breach. This Section 9.2 shall survive the expiration or termination of this Agreement and shall remain in effect for so long as Vendor maintains PHI or Individually Identifiable Information. 10. Obligations of Covered Entity. 10.1 Notification Re uirement. Covered Entity shall notify Vendor of a Any limitation(s) in Covered Enfity's notice of privacy practices in accordance with 45 CFR 164,520 to the extent that such changes may affect Vendor's use or disclosure ofPRI; b. Any changes in, or revocation of, permission by Individual to use or disclose PHI, to the extent that such changes may affect Vendor's use or disclosure of PM; and c. Any restriction to the use or. disclosure if PBI that Covered Entity has agreed to in accordance with 45 CFR 164,522, to die extent that such restriction may affect Vendor's use or disclosure of PHI. 10.2 Permissible Requests. Covered Entity agrees that it will not request Vendor to use or disclose PHI in any manner that would not be permissible underthe Confidentiality Requirements if done by Covered Entity. if. Terms and Termination. 11.1 Termination. This Agreement shall remain in effect until terminated in accordance with the terms of this section 11; provided, however, that termination shall not affect the respective obligations or rights of the Parties arising under this Agreement prior to the effective date of termination, all of which shall continue in accordance with their terms. 11.2 Termination with Cause. Either Party may immediately terminate this Agreement if either of the following events have occurred and are continuing to occur ESO solutions, Inc, Subscription Agreement 092214 Page 11 of 12 a. Vendor or Covered. Entity fails to observe or perform any material covenant or obligation contained in this Agreement for ten (10) business days after written.notice ofsuch failure has been given; or b. Vendor or Covered Entity violates any provision of the Confidentiality Requirement or applicable federal or state privacy law relating to its obligations under this Agreement. 11.3 May Terminate Business Arrangements in Event of for Cause Termination. Termination of this Agreement for either of the two reasons set forth in Section IL2 above shall be cause for immediate termination of any Business Arrangement pursuant to which Vendor uses, discloses, accesses, mceives, creates, or transmits PHI for or on behalf of Covered Entity. IIA Termination Upon Conclusion of Business Aramgments. Upon the expiration or termination of all Business Arrangements, elther Covered Entity or Vendor may terminate this Agreement by providing written notice to the other Party. 11.5 Return of PHI Upon Termination . Upon termination of this Agreement for any reason, Vendor agrees either to return all PHI or to destroy all PHI received from Covered Entity that is in the possession or control of Vendor or its Subcontractors. In the case of PHI for which it is not feasible to return or destroy, Vendor shall extend the protection of this Agreement to such PHI and limit further uses and diseiosur@ of such PHI. Vendor shall comply with other applicable state or federal law, which may rc Loire a.specffic period of retention, redaction, or other treatment of such PIE. This Section 11.5 shall survive the expiration or termination of this Agreement and shall remain in effect for so long as Vendor maintains PHI. 12. No Warranty. PHI IS PROVIDED SOLELY ON AN "AS IS" BASIS. THE PARTIES DISCLAIM ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. 13. Ineligible Persons. Vendor represents and warrants to Covered Entity that its directors, officers, and key employees: (I) are not currently excluded, debarred, or otherwise ineligible to participate in the €ederal health care programs as defined in 42 U.S,C. § 1320a-7b(f) of any state healthcare program (collectively, the "Healthrnre Programs'); (ii) have not been convicted of a criminal offense related to the provision of healthcare items or services but have not yet been excluded, debarred, or otherwise declared ineligible to participate in the Healthcare Programs; and (if) we not under investigation or otherwise aware of any circumstances which may result in Vendor being excluded from participation in the Healthcare Programs (collectively, the. "Warranty g(Non-evclaylon ). Vendor representations and warranties underlying the Warranty of Non,exclushm shall be ongoing during the term, and Vendor shall immediately notify Covered Entity of any change in the status of the representations and warranties set forth in this Section 13, Any breach ofthis Section 13 shall give Covered Entity the righ4to testiiriate this Agreement immediately. 14. Eouitable Relief. The Parties understand and acknowledge that any disclosure or misappropriation of any PHI in violation of this Agreement will cause irreparable harm, the amount of which may, be difficultto ascertain, and therefore agree that either Party shall have the -right to apply to a court of competent jurisdiction for specific performance and/or an order restraining and enjoining any each further disclosure or breach and for web other relief deemed appropriate. Such right shall be in addition to the remedies otherwise available at law or in equity. is. Entire Agreemnnt This Agreement constitutes the complete agreement between Vendor and Covered Entity relating to the matters specified in this Agreement and supersedes all prior representations or agreements, whether oral or written with respect to such matters. In the event of any conflict between the terms of this Agreement and the terms of the Business Arrangements or any such later agreament(s), the terms of -this Agreement shall control unless the terns of such Business Arrangements are more strict with respect to PHI and comply with the Confidentiality Requirements, or the Parties specifically otherwise agree in writing. No oral modification or waiver of any of the provisions of this Agreement shall be binding on either Party to this Agreement; provider( however that upon the enactment of any law, regulation, court decision or relevant government publication and/or interpretive guidance or policy that a Party believes in good faith will adversely impact the use or disclosure of PHI under this Agreement, that Partymay amend the Agreement to comply with such law, regulation, court decision or government publication, guidance orpolicyby delivering a written amendment to the other Party which shall be effective thirty (30) calendar days after receipt. No obligation on either Party to enter Into any transaction is to be implied from the execution or delivery of this - Agreement. This Agreement is for the benefit of, and shall be binding upon the Parties, their affiliates and respective successors and assigns. ESO solutions, Inc. Sub¢criptiat Agreement 092214 Page IZ of I2 ACCEPT CHECK IN THE AMOUNT OF $3,075 FROM TEXAS ASSOCIATION OF COUNTIES FOR EMPLOYEE PARTICIPATION IN THE TAC HEALTH AND EMPLOYEE BENEFITS POOL'S HEALTHY COUNTY PROGRAM AND AUTHORIZE DEPOSIT OF FUNDS INTO THE WELLNESS FUND ACCOUNT: Commissioner Lyssy made a motion to accept check in the amount of $3,075 from Texas Association of Counties for employee participation in the TAC Health and Employee Benefits Pool's Healthy County Program and authorize deposit of funds into the Wellness Fund account. Commissioner Fritsch seconded the motion Commissioners Galvan, Lyssy, Fritsch, Finster and Judge Pfeifer all voted in favor. November 13, 2015 Ms. Grace Gonzalez, Calhoun County Wellness Coordinator 201 W Austin St Ste 9 Port Lavaca, TX 77979-4250 REF: 2015 Employer Rewards Greetings, Ms. Gonzalez: Thank you for coordinating the Texas Association of Counties Health and Employee Benefits Pool's Healthy County program in Calhoun County. Your visible support and commitment are vital the success of the program. This year, Calhoun County employees earned Visa gift cards as incentive prizes through program participation. Employees received a $35 gift card for completing the Health Assessment between Jan. 1 and March 31 and $30 for completing the Sonic Boom 10-Week Spring Challenge. Additionally, the Pool acknowledges and rewards Calhoun County's support with Employer Rewards. The employer earns $25 for every employee who completed the health assessment during the annual campaign and $25 for employees who completed Sonic Booms 10-week challenge. Since each county is unique with different wellness goals, Healthy County provides funding that allows flexibility to implement health and wellness initiatives appropriate for your county. Calhoun County is eligible to receive $3075 in Employer Rewards this year. A check for this amount is enclosed. Healthy County encourages the county to use these funds to re -invest in workplace wellness initiatives. Below you will find the Calhoun County Wellness Participation Summary: # of Employees that completed X of Employees that completed Sonic Boom's Total Employer Rewards Available the Health Assessment 8-wk Challenge (Total Employee ct. * $25) 72 51 $3075 The employer rewards informational leaflet, which is included in the enclosed employer rewards packet, explains the who, what, hozo and why's of the employer rewards program; and provides recommendations on how these incentives can be used. Please share the employer rewards packet with your county's Commissioners Court, wellness sponsor, and other wellness team members to determine the most effective plan of action for Calhoun County's employer rewards. Please contact your Healthy County Wellness Consultant at (800) 456-5974 or email healthycountywounty.ore should you have questions. In appreciation, Healthy County Wellness Team Carrye Chen, Ashley Cureton, Rosalinda DiTommaso and Mark Zolkitsch (512) 478-8753 • (800) 456-5974 • (512) 481-8481 rAX • wtvw.county.org • 1210 San Antonio, Austin, TX 78701 • P.O. Box 2131, Austin, TX 78768-2131 Gene Terry, Executive Director TAC-HEALTH and EMPLOYEE BENEFITS POOL CHECK DATE CHECKO1531 ( 10/26/2015 001531 VENDORID VENDOR NAME ACCOUNT NUMBER.' DATE ;.I r INVOICE NO. I I DESCRIPTION AMOUNT 10/23/2015 10/15 STMT Employer Rewards Check $3,075.00 - 1 $3,076.00 FROST BANK 1531 s 'r1EXAS ASSOCIATION OF COUNTIES 30-9n140 w o HEALTH and EMPLOYEE BENEFITS POOL H z P.O. BOX 2131 A AUSTIN, TX 78768 �Cou N�lys (512)478-8753 DATE AMOUNT IL0126/2015 Three Thousand Seventy Five Dollars and 00 Cents PAY TO THE Calhoun County ORDER OP. 201 W. Austin Street Suite 9 Port Lavaca TX 77979-4250 TAC-HEALTH and EMPLOYEE BENEFITS POOL 1 Calhoun County 201 W. Austin Street Suite 9 Port Lavaca TX 77979-4250 TO REORDER CALL: (706) 327-9550 $3,075.00 •. - MENTiSENSITIVE gE01M11AGEi:DISAPPEF S WITN;HEATF t` I 1 W14SF001015M 05114 ACTION ON 2016 E911 BUDGET: PASS I �i a.� 0 flE - P3 7 E E V LU tU E W Uj LU T T Wv`qe 0 m li m n m ® w r, 0 co tri c-I r' N dC N N th 4/} Q J z z C[ W 0 U w ii .i J-+ N e M 0 .0 = CO) E W E 0z (� LU W a8 LU L P" LU Ry mm� �00om'rnnomNomm� 00 Lq N . m m m m o m m m m m N m . coi m Vim' m lm0 z m w m o ¢.n�vNi m o o N vmi `h < 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 000000000000000 0 m o o mi rn o M o m U� cli (q w m M m M� o rn M o M o"i w v O m m ci C; m cmi o 0 0 0 0 0 0 m 0 L m N � t N E N w H m ;� F OL' N '~O� - w O N o c a a E J 0 U a E E C V J O w C L 6 N 0 0 0 M N � J `O W m v d W NI N W G Y N � U U Q U � m � E E 0 J JQ C G 0 O � o w m O = = m t- Wi W I I w U z F- U ¢ 0 o O O O o 0 0 0 0 o N o O O o o h O O O O O O O O O O O O O O O O N M O lOO N V O O f7 O O N h O fH fR ffT OJ O O V HT O ❑ O E9 (H � ffT � 4] O O O O O O O O O O O O 0 0 0 0 0 0 O o o o 0 c4 o m v3 m M `o C U O �Q C Nil _ m 'qC1 C Y> o N O E a� 3 m ro � 2 m w❑� m E� n E c N Q, Y ro O Q m s a m o❑❑❑ -jE C 0 'O a=i m l0 2>❑ 9 a�i u� O N V w m ro N T o E w c N 2> T 0 E w O 'y 0 F E w N .c m� a N O` T m a J Z O !% K O N3 N n `0 o N V w �/1 2 N ro ❑ c a n m U � G c3 rn o 0 w c m c - o n. i N d d 3 � I O O O O O O O O o O 0 O 0 O o O O O o O O E: N N V O o O N N o O 0 O 0 O o O O O o O 0 O 0 O 0 O 0 N O O O O O O O O O O O O) N O h O O O O O O O N O Q O Od' O ON N E9 V3 v3 O OYl N � N lN0 CT M M M W f0 � V NO4 M 6N tf} fsJ fR tPr EH 6? m ER N 64 Hl UY vl N L_ U m in D w aEi a` o E' w O 'C d� c °6 1- F- W Q F- Q O E E N > Lu U N Q UI 0En W W W w o m (n y N W Ol o u U s a I E 1 o O o O o d o O o O o 0 0 0 o O o o O o U� o 0 0 0 o O o 0 0 0 0 0 0 0 0 0 0 o to 0 0 0 0 o O o O o O) rn �O o cV o tD O 63 fR H} m N � U_ � O Lo W rwn w a x LU J Ul N X O m co z x w O F- o coF- w fn F- L O D CL 6 3 C C cu F- Q R m W C m O J Y m m o co p C `m O CO z 2 w N J O H " m U G m m��= a Q o Q 0 w W O m @ (7 � m a- T w op{ K N m W U Z z a J F- W `m r c B m o Lo m 0 Ln a 0 a P70 I .2 co LU z w E XL w Pil .HEALTH AND SAFETY CODE TITLE 9. SAFETY SUBTITLE B. EMERGENCIES CHAPTER 772. LOCAL ADMINISTRATION OF EMERGENCY COMMUNICATIONS SUBCHAPTER A. GENERAL PROVISIONS Sec. 772.001. DEFINITIONS. In this chapter: (1) "Automatic location identification" means a feature corresponding to automatic number identification by which the number provided by the automatic number identification feature is matched withthe address or location of the telephone from which the call is made and is presented to the public safety answering point along with the number in a computerized 9-1-1 system. (2) "Automatic number identification" means a feature that enables a service supplier to identify the telephone number of a caller and that operates by forwarding the caller's telephone number to the public safety answering point, where the data is received by equipment that translates it into a visual display. (3) "Base rate" means the rate or rates billed by a service supplier, as stated in the service supplier's charges approved by the appropriate regulatory authority, that represent the service supplier's recurring charges for local exchange access lines or their equivalent, exclusive of all taxes, fees, license costs, or similar charges. (4) "Dispatch method" means the method of responding to a telephone request for emergency service by which a public safety answering point decides on the proper action to be taken and dispatches, when necessary, the appropriate emergency service unit. (5) "Local exchange access lines" means all types of lines or trunks that connect a service user to the service supplier's local telephone exchange office. (6) "9-1-1 service" means a communications service that connects users to a public safety answering point through a 9-1-1 system. (7) "9-1-1 system" means a system of processing emergency 9-1-1 calls. (8) "Participating jurisdiction" means a public agency that by vote consents to receive 9-1-1 service from an emergency communication district. (9) "Principal service supplier" means the entity that provides the most central office lines to an emergency communication district. (10) "Private safety entity" means a private entity that provides emergency fire -fighting, ambulance, or medical services. (11) "Public agency" means a municipality or county in this state that provides or has authority to provide fire- fighting, law enforcement, ambulance, medical, or other emergency services. (12) "Public safety agency" means the division of a public agency that provides fire -fighting, law enforcement, ambulance, medical, or other emergency services. (13) "Public safety answering point" means a communications facility that: (A) is operated continuously; (B) is assigned the responsibility to receive 9- 1-1 calls and, as appropriate, to dispatch emergency response services directly or to transfer or relay emergency 9-1-1 calls to other public safety agencies; (C) is the first point of reception by a public safety agency of a 9-1-1 call; and (D) serves the jurisdictions in which it is located or other participating jurisdictions. (14) "Relay method" means the method of responding to a telephone request for emergency service by which a public safety answering point notes pertinent information and relays that information to the appropriate public safety agency or other provider of emergency services for appropriate action. (15) "Selective routing" means the feature provided with computerized 9-1-1 service by which 9-1-1 calls are automatically routed to the answering point serving the place from which the call originates. (16) "Service supplier" means an entity providing local exchange access lines to a service user in an emergency communication district. (17) "Service user" means a person that is provided local exchange access lines, or their equivalent, in an emergency communication district. (18) "Transfer method" means the method of responding to a telephone request for emergency service by which a public safety answering point transfers the call directly to the appropriate public safety agency or other provider of emergency services for appropriate action. (19) "Data base" means the information stored in a management system that is a system of manual procedures and computer programs used to create, store, and update the data required for the selective routing and automatic location identification features in the provision of computerized 9-1-1 service. (20) "Business service user" means a user of business service that provides telecommunications service, including 9-1- 1 service, to end users through a publicly or privately owned telephone switch. (21) "Business service" means a telecommunications service classified as a business service under rules adopted by the Public Utility Commission of Texas or under the applicable tariffs of the principal service supplier. Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989. Amended by Acts 1993, 73rd Leg., ch. 936, Sec. 7, eff. Aug. 30, 1993; Acts 1995, 74th Leg., ch. 638, Sec. 8, eff. Sept. 1, 1995. Amended by: Acts 2013, 83rd Leg., R.S., Ch. 331 (H.B. 1972), Sec. 5, eff. September 1, 2013. Sec. 772.002. INFORMATION RELATING TO COLLECTION AND REMITTANCE OF 9-1-1 EMERGENCY SERVICE FEE. (a) This section applies only to a district created under this chapter that collects a 9-1-1 emergency service fee from a service supplier or business service user. This section does not apply to an incumbent local exchange company as defined in Section 51.002, Utilities Code. (b) The board of managers of a district by order may require a service supplier or business service user to provide to the district any information the board requires so long as that information and the format requested are readily available for the service provider's records to determine whether the service provider or business service user is correctly billing and collecting the 9-1-1 emergency service fee and remitting the fee to the district. The information required from a service provider under this subsection may include: (1) the number of local exchange access lines that the service provider has in the district; and (2) the number of those local exchange access lines that the Commission on State Emergency Communications excluded from the definition of a local exchange access line or an equivalent local exchange access line under Section 771.063. (c) The district shall maintain the confidentiality of information provided under this section that a service provider or business service user claims is confidential for competitive purposes. The confidential information is exempt from disclosure under Chapter 552, Government Code. (d) The district may bring suit to enforce this section or to collect fees billed and collected by a service provider or business service user but not remitted to the district. In a proceeding to collect unremitted fees, a sworn affidavit of the district specifying the amount of unremitted fees is prima facie evidence that the fees were not remitted and of the amount of the unremitted fees. (e) The Public Utility Commission of Texas may impose an administrative penalty under Subchapter B, Chapter 15, Utilities Code, against a service provider who is a person regulated under the Utilities Code if the person: (1) does not provide information required by a district under this section; or (2) bills and collects a 9-1-1 emergency service fee as required by this chapter but does not remit the fee to the appropriate district. Added by Acts 2005, 79th Leg., Ch. 952 (H.B. 1583), Sec. 1, eff. September 1, 2005. Sec. 772.003. OBLIGATIONS OR REQUIREMENTS CONCERNING VOICE OVER INTERNET PROTOCOL, INTERNET PROTOCOL ENABLED SERVICE, OR COMMERCIAL MOBILE SERVICE OR WIRELINE SERVICE. Defining "9-1-1 service" as a communications service and other amendments effective September 1, 2013, do not expand or change the authority or jurisdiction of a public agency or the commission over commercial mobile service or wireline service including Voice over Internet Protocol service or Internet Protocol enabled service or expand the authority of a public agency or the commission to assess 911 fees. Nothing in this chapter affects Section 52.002(d), Utilities Code. In this section, "Voice over Internet Protocol service," "Internet Protocol enabled service," and "commercial mobile service" have the meanings assigned by Sections 51.002 and 51.003, Utilities Code. Added by Acts 2013, 83rd Leg., R.S., Ch. 331 (H.B. 1972), Sec. 11, eff. September 1, 2013. DELETED DUE TO INAPPLICABILITY SUBCHAPTER D. EMERGENCY COMMUNICATION DISTRICTS: COUNTIES WITH POPULATION OVER 20,000 Sec. 772.301. SHORT TITLE. This subchapter may be cited as the Emergency Telephone Number Act. Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989. Sec. 772.302. PURPOSE. It is the purpose of this subchapter to establish the number 9-1-1 as the primary emergency telephone number for use by certain local governments in this state and to encourage units of local government and combinations of those units to develop and improve emergency communication procedures and facilities in a manner that will make possible the quick response to any person calling the telephone number 9-1-1 seeking police, fire, medical, rescue, and.other emergency services. To this purpose the legislature finds that: (1) it is in the public interest to shorten the time required for a citizen to request and receive emergency aid; (2) there exist thousands of different emergency telephone numbers throughout the state, and telephone exchange boundaries and central office service areas do not necessarily correspond to public safety and political boundaries; (3) a dominant part of the state's population is located in rapidly expanding metropolitan areas that generally cross the boundary lines of local jurisdictions and often extend into two or more counties; and (4) provision of a single, primary three -digit emergency number through which emergency services can be quickly and efficiently obtained would provide a significant contribution to law enforcement and other public safety efforts by making it less difficult to notify public safety personnel quickly. Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989. Sec. 772.303. DEFINITIONS. In this subchapter: (1) "Board" means the board of managers of a district. (2) "Director" means the director of communication for a district. (3) "District" means an emergency communication district created under this subchapter. Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989. Sec. 772.304. APPLICATION OF SUBCHAPTER. (a) This subchapter applies only to a county with a population of more than 20,000 or to a group of two or more contiguous counties each with a population of 20,000 or more in which an emergency communication district was created under Chapter 288, Acts of the 69th Legislature, Regular Session, 1985, before January 1, 1988, or to a public agency or group of public agencies that withdraws from participation in a regional plan under Section 771.058(d). (b) This subchapter does not affect the authority of a public agency to operate under another law authorizing the creation of a district in which 9-1-1 service is provided. Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989. Amended by Acts 1999, 76th Leg., ch. 1405, Sec. 32, eff. Sept. 1, 1999. Sec. 772.305. ADDITIONAL TERRITORY. (a) If a municipality that is part of a district annexes territory that is not part of the district, the annexed territory becomes part of the district. . (b) A public agency located in whole or part in a county adjoining the district, by resolution adopted by its governing body and approved by the board of the district, may become part of the district and subject to its benefits and requirements. Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989. Sec. 772.306. BOARD OF MANAGERS. (a) A district is governed by a board of managers. (b) If the most populous municipality in the district has a population of more than 140,000, the board consists of: (1) one member for each county in the district appointed by the commissioners court of each county; (2) two members appointed by the governing body of the most populous municipality in the district; (3) one member appointed by the governing body of the second most populous municipality in the district; (4) one member appointed as provided by this section to represent the other municipalities located in whole or part in the district; and (5) one member appointed by the principal service supplier. (c) If Subsection (b) does not apply to a district, the board consists of: (1) the following members representing the county or counties in the district: (A) if the district contains only one county, two members appointed by the commissioners court of the county; (B) if the district originally contained only one county but contains more than one county when the appointment is made, two members appointed by the commissioners court of the county in which the district was originally located, and one member appointed by the commissioners court of each other county in the district; or (C) if the district originally contained more than one county and the district contains more than one county when the appointment is made, one member appointed by the commissioners court of each county in the district; (2) two members appointed jointly by the majority vote of the municipalities voting on the appointment and located in whole or part in the district; (3) one member appointed jointly by the volunteer fire departments operating wholly or partly in the district, with the appointment process coordinated by the county fire marshal or marshals of the county or counties in the district; and (4) one member appointed by the principal service supplier. (d) The board member appointed by the principal service supplier is a nonvoting member. If the board is appointed under Subsection (c), the principal service supplier may waive its right to appoint the board member and designate another service supplier serving all or part of the district to make the appointment. (e) The board member appointed under Subsection (b)(4) is appointed by the mayor's council established to administer urban development block grant funds, if one exists in the district. Otherwise, the member.is appointed by the other members of the board on the advice and recommendation of the governing bodies of all the municipalities represented by the member. (f) The initial board members appointed by municipalities under Subsection (c)(2) are appointed by all the municipalities located in whole or part in the district. (g) Board members are appointed for staggered terms of two years, with as near as possible to one-half of the members' terms expiring each year. (h) A board member may be removed from office at will by the entity that appointed the member. (i) A vacancy on the board shall be filled for the remainder of the term in the manner provided for the original appointment to that position. (j) Board members serve without compensation. The district shall pay all expenses necessarily incurred by the board in performing its functions under this subchapter. (k) The board may appoint from among its membership a presiding officer and any other officers it considers necessary. (1) The director or a board member may be appointed as secretary of the board. The board shall require the secretary to keep suitable records of all proceedings of each.board meeting. After each meeting the presiding officer at the meeting shall read and sign the record and the secretary shall attest the record. (m) Voting members of the board may meet in executive session in accordance with Chapter 551, Government Code. (n) A majority of the voting members of the board constitutes a quorum. (o) In an emergency communication district subject to this subchapter located entirely in a county with a population of less than 30,000, the board consists of: (1) the appropriate members listed in Subsection (c); and (2) a peace officer licensed under Chapter 1701, Occupations Code, appointed by the county sheriff. Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989. Amended by Acts 1995, 74th Leg., ch. 76, Sec. 5.95(82), eff. Sept. 1, 1995; Acts 1995, 74th Leg., ch. 638, Sec. 15, eff. Sept. 1, 1995; Acts 2003, 78th Leg., ch. 901, Sec. 1, eff. June 20, 2003. Amended by: Acts 2009, 81st Leg., R.S., Ch. 622 (H.B. 1187), Sec. 1, eff. June 19, 2009. Sec. 772.307. POWERS AND DUTIES OF BOARD. (a) The board shall control and manage the district. (b) The board may adopt rules for the operation of the district. (c) The board may contract with any public or private entity to carry out the purposes of this subchapter, including the operation of a 9-1-1 system. Acts 1989, 71st Leg., ch. 678, Sec. 1, off. Sept. 1, 1989. Sec. 772.308. DIRECTOR OF DISTRICT. (a) The board shall appoint a director of communication for the district and shall establish the director's compensation. The director must be qualified by training and experience for the position. (b) The board may remove the director at any time. (c) With the board's approval, the director may employ any experts, employees, or consultants that the director considers necessary to carry out the purposes of this subchapter. (d) The director shall perform all duties that the board requires and shall superviseasgeneral manager the ,operations of the district subject to any limitations prescribed by the board. Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989. Sec. 772.309. BUDGET; ANNUAL REPORT; AUDIT. (a) The director shall prepare under the direction of the board an annual budget for the district. To be effective, the budget must: (1) be approved by the board; (2) be presented to and approved by the commissioners court of each county in the district; (3) be presented to and approved by the governing body of the most populous municipality in the district, if that municipality has a population of more than 140,000; and (4) be presented to the governing body of each other participating jurisdiction and approved by a majority of those jurisdictions. (b) The board shall submit a draft of the proposed budget to the governing bodies of the participating jurisdictions not later than the 45th day before the date the board adopts the budget. The participating jurisdictions shall review the proposed budget and submit any comments regarding the budget to the board. (c) If the governing body of a county, municipality, or other participating jurisdiction does not approve or disapprove the budget before the 61st day after the date the body received the proposed budget for review, the budget is approved by operation of law. (d) A revision of the budget must be approved in the same manner as the budget. (e) As soon as practicable after the end of each district fiscal year, the director shall prepare and present to the board and to each participating jurisdiction in writing a sworn statement of all money received by the district and how the money was used during the preceding fiscal year. The report must show in detail the operations of the district for the fiscal year covered by the report. (f) The board shall have an independent financial audit of the district performed annually. Acts 1989, 71st Leg., ch. 678, Sec. 1, off. Sept. 1, 1989. Amended by Acts 1999, 76th Leg., ch. 1406, Sec. 2, eff. Aug. 30, 1999. Sec. 772.310. ESTABLISHMENT OF 9-1-1 SERVICE. (a) A district shall provide 9-1-1 service to each participating jurisdiction through one or a combination of the following methods and features: (1) the transfer method; (2) the relay method; (3) the dispatch method; (4) automatic number identification; (5) automatic location identification; (6) selective routing; or (7) any equivalent method. (b) A district shall provide 9-1-1 service using one or both of the following plans: (1) the district may design, implement, and operate a 9-1-1 system for each participating jurisdiction with the consent of the jurisdiction; or (2) the district may design, implement, and operate a 9-1-1 system for two or more participating jurisdictions with the consent of each of those jurisdictions if a joint operation would be more economically feasible than separate systems for each jurisdiction. (c) Under either plan authorized by Subsection (b), the final plans for the particular system must have the approval of each participating jurisdiction covered by the system. (d) The district shall recommend minimum standards for a 9-1-1 system. (e) A service supplier involved in providing 9-1-1 service, a manufacturer of equipment used in providing 9-1-1 service, or an officer or employee of a service supplier involved in providing 9-1-1 service is not liable for any claim, damage, or loss arising from the provision of 9-1-1 service unless the act or omission proximately causing the claim, damage, or loss constitutes gross negligence, recklessness, or intentional misconduct. Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989. Amended by Acts 1995, 74th Leg., ch. 638, Sec. 16, eff. Sept. 1, 1995. Sec. 772.311. PRIMARY EMERGENCY TELEPHONE NUMBER. The digits 9-1-1 are the primary emergency telephone number in a district. A public safety agency whose services are available through a 9-1-1 system may maintain a separate number or numbers for emergencies and shall maintain a separate number or numbers for nonemergency telephone calls. Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989. Sec. 772.312. TRANSMITTING REQUESTS FOR EMERGENCY AID. (a) A 9-1-1 system established under this subchapter must be capable of transmitting requests for fire -fighting, law enforcement, ambulance, and medical services to a public safety agency or agencies that provide the requested service at the place from which the call originates. A 9-1-1 system may also provide for transmitting requests for other emergency services such as poison control, suicide prevention, and civil defense. (b) A public safety answering point may transmit emergency response requests to private safety entities. Acts 1989, 71st Leg., ch. 678, Sec. 1, off. Sept. 1, 1989. Sec. 772.313. POWERS OF DISTRICT. (a) The district is a body corporate and politic, exercising public and essential governmental functions and having all the powers necessary or convenient to carry out the purposes and provisions of this subchapter, including the capacity to sue or be sued. (b) To fund the district, the district may apply for, accept, and receive federal, state, county, or municipal funds and private funds and may spend those funds for the purposes of this subchapter. The board shall determine the method and sources of funding for the district. Acts 1989, 71st Leg., ch. 678, Sec. 1, off. Sept. 1, 1989. Sec. 772.314. 9-1-1 EMERGENCY SERVICE FEE. (a) The board may impose a 9-1-1 emergency service fee on service users in the district. (b) The fee may be imposed only on the base rate charge or its equivalent, excluding charges for coin -operated telephone equipment. The fee may not be imposed on more than 100 local exchange access lines or their equivalent for a single business entity at a single location, unless the lines are used by residents of the location. The fee may also not be imposed on any line that the Advisory Commission on State Emergency Communications excluded from the definition of a local exchange access line or an equivalent local exchange access line pursuant to Section 771.063. If a business service user provides residential facilities, each line that terminates at a residential unit and that is a communication link equivalent to a residential local exchange access line shall be charged the 9- 1-1 emergency service fee. The fee must have uniform application and must be imposed in each participating jurisdiction. (c) The rate of the fee may not exceed six percent of the monthly base rate in a service year charged a service user by the principal service supplier in the participating jurisdiction. For purposes of this subsection, the jurisdiction of the county is the unincorporated area of the county. (d) The board shall set the amount of the fee each year as part of the annual budget. The board shall notify each service supplier of a change in the amount of the fee not later than the 91st day before the date the change takes effect. (e) In imposing the fee, the board shall attempt to match the district's revenues to its operating expenditures and to provide reasonable reserves for contingencies and for the purchase and installation of 9-1-1 emergency service equipment. If the revenue generated by the fee exceeds the amount of money needed to fund the district, the board by resolution shall reduce the rate of the fee to an amount adequate to fund the district or suspend the imposition of the fee. If the board suspends the imposition of the fee, the board by resolution may reinstitute the fee if money generated by the district is not adequate to fund the district. (f) In a public agency whose governing body at a later date votes to receive 9-1-1 service from the district, the fee is imposed beginning on the date specified by the board. The board may charge the incoming agency an additional amount of money to cover the initial cost of providing 9-1-1 service to that agency. The fee authorized to be charged in a district applies to new territory added to the district when the territory becomes part of the district. (g) For the purposes of this section, the jurisdiction of the county is the unincorporated area of the county. Acts 1989, 71st Leg., ch. 678, Sec. 1, off. Sept. 1, 1989. Amended by Acts 1993, 73rd Leg., ch. 936, Sec. 14, eff. Aug. 30, 1993; Acts,1999, 76th Leg., ch. 1203, Sec. 5, off. June 18, 1999. Sec. 772.315. COLLECTION OF FEE. (a) Each billed service user is liable for the fee imposed under Section 772.314 until the fee is paid to the service supplier. The fee must be added to and stated separately in the service user's bill from the service supplier. The service supplier shall collect the fee at the same time as the service charge to the service user in accordance with the regular billing practice of the service supplier. A business service user that provides residential facilities and owns or leases a publicly or privately owned telephone switch used to provide telephone service to facility residents shall collect the 9-1-1 emergency service fee and transmit the fees monthly to the district. (b) The amount collected by a service supplier from the fee is due monthly. The service supplier shall remit the amount collected in a calendar month to the district not later than the 60th day after the last day of the calendar month. With each payment the service supplier shall file a return in a form prescribed by the board. (c) Both a service supplier and a business service user under Subsection (a) shall maintain records of the amount of fees it collects for at least two years after the date of collection. The board may require at the board's expense an annual audit of a service supplier's books and records or the books and records of a business service user described by Subsection (a) with respect to the collection and remittance of the fees. (d) A business service user that does not collect and remit the 9-1-1 emergency service fee as required is subject to a civil cause of action under Subsection (g). A sworn affidavit by the district specifying the unremitted fees is prima facie evidence that the fees were not remitted and of the amount of the unremitted fees. (e) A service supplier is entitled to retain an administrative fee from the amount of fees it collects. The amount of the administrative fee is two percent of the amount of fees it collects under this section. (f) A service supplier is not required to take any legal action to enforce the collection of the 9-1-1 emergency service fee. However, the service supplier shall provide the district with an annual certificate of delinquency that includes the amount of all delinquent fees and the name and address of each nonpaying service user. The certificate of delinquency is prima facie evidence that a fee included in the certificate is delinquent. A service user account is considered delinquent if the fee is not paid to the service supplier before the 31st day after the payment due date stated on the user's bill from the service supplier. (g) The district may institute legal proceedings to collect fees not paid and may establish internal collection procedures and recover the cost of collection from the nonpaying service user. If the district prevails in legal proceedings instituted to collect a fee, the court may award the district court costs, attorney's fees, and interest in addition to other amounts recovered. A delinquent fee accrues interest at an annual rate of 12 percent beginning on the date the payment becomes due. Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989. Amended by Acts 1993, 73rd Leg., ch. 936, Sec. 15, eff. Aug. 30, 1993; Acts 1995, 74th Leg., ch. 638, Sec. 17, eff. Sept. 1, 1995. Sec. 772.316. DISTRICT DEPOSITORY. (a) The board shall select a depository for the district in the manner provided by law for the selection of a county depository. (b) A depository selected by the board is the district's depository for two years after the date of its selection and until a successor depository is selected and qualified. Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989. Sec. 772.317. ALLOWABLE EXPENSES. Allowable operating expenses of a district include all costs attributable to designing a 9-1-1 system and to all equipment and personnel necessary to establish and operate a public safety answering point and other related answering points that the board considers necessary. Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989. Sec. 772.318. NUMBER AND LOCATION IDENTIFICATION. (a) As part of computerized 9-1-1 service, a service supplier shall furnish current telephone numbers of subscribers and the addresses associated with the numbers on a call -by -call basis. (b) A business service user that provides residential facilities and owns or leases a publicly or privately owned telephone switch used to provide telephone service to facility residents shall provide to those residential end users the same level of 9-1-1 service that a service supplier is required to provide under Subsection (a) to other residential end users in the district. (c) Information furnished under this section is confidential and is not available for public inspection. (d) A service supplier or business service user under Subsection (b) is not liable to a person who uses a 9-1-1 system created under this subchapter for the release to the district of the information specified in Subsections (a) and (b). Acts 1989, 71st Leg., ch. 678, Sec. 1, off. Sept. 1, 1989. Amended by Acts 1993, 73rd Leg., ch. 936, Sec. 16, off. Aug. 30, 1993; Acts 1995, 74th Leg., ch. 638, Sec. 18, eff. Sept. 1, 1995. Sec, 772.319. PUBLIC REVIEW. (a) Periodically, the board shall solicit public comments and hold a public review hearing on the continuation of the district and the 9-1-1 emergency service fee. The, first hearing shall be held three years after the date the order certifying the creation of the district is filed with the county clerks. Subsequent hearings shall be held three years after the date each order required by Subsection (d) is adopted. (b) The board shall publish notice of the time and place of the hearing once a week for two consecutive weeks in a daily newspaper of general circulation published in the district. The first notice must be published not later than the 16th day before the date set for the hearing. (c) At the hearing, the board shall also solicit comments on the participation of the district in the applicable regional plan for 9-1-1 service under Chapter 771. After the hearing, the board may choose to participate in the regional plan as provided by that chapter. (d) After the hearing, the board shall adopt an order on the continuation or dissolution of the district and the 9-1-1 emergency service fee. Acts 1989, 71st Leg., ch. 678, Sec. 1, off. Sept. 1, 1989. Sec. 772.320. DISSOLUTION PROCEDURES. (a) If a district is dissolved, 9-1-1 service must be discontinued on the date of the dissolution. The commissioners court of the county in which the district was located or, if the district contains more than one county, the commissioners courts of those counties acting jointly, shall assume the assets of the district and pay the district's debts. If the district's assets are insufficient to retire all existing debts of the district on the date of dissolution, the commissioners court or courts acting jointly shall continue to impose the 9-1-1 service fee, and each service supplier shall continue to collect the fee for the commissioners court or courts. Proceeds from the imposition of the fee after dissolution of the district may be used only to retire the outstanding debts of the district. (b) The commissioners court or courts shall retire the district's debts to the extent practicable according to the terms of the instruments creating the debts and the terms of the orders and resolutions authorizing creation of the debts. (c) The commissioners court or courts by order may adopt the rules necessary to administer this section. Acts 1989, 71st Leg., ch. 678, Sec. 1, off. Sept. 1, 1989. Sec. 772.321. ISSUANCE OF BONDS. The board may issue and sell bonds in the name of the district to finance: (1) the acquisition by any method of facilities, equipment, or supplies necessary for the district to begin providing 9-1-1 service to all participating jurisdictions; and (2) the installation of equipment necessary for the district to begin providing 9-1-1 service to all participating jurisdictions. Acts 1989, 71st Leg., ch. 678, Sec. 1, off. Sept. 1, 1989. Sec. 772.322. REPAYMENT OF BONDS. The board may provide for the payment of the principal of and interest on the bonds by pledging all or any part of the district's revenues from the 9- 1-1 emergency service fee or from other sources. Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989. Sec. 772.323. ADDITIONAL SECURITY FOR BONDS. (a) The bonds may be additionally secured by a deed of trust or mortgage lien on part or all of the physical properties of the district and the rights appurtenant to those properties, vesting in the trustee power to sell the properties for payment of the indebtedness, power to operate the properties, and all other powers necessary for the further security of the bonds. (b) The trust indenture, regardless of the existence of the deed of trust or mortgage lien on the properties, may include provisions prescribed by the board for the security of the bonds and the preservation of the trust estate and may make provisions for investment of funds of the district. (c) A purchaser under a sale under the deed of trust or mortgage lien is the absolute owner of the properties and rights purchased and may maintain and operate them. Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989. Sec. 772.324. FORM OF BONDS. (a) A district may issue its bonds in various series or issues. (b) Bonds may mature serially or otherwise not more than 25 years after their date of issue and shall bear interest at any rate permitted by state law. (c) A district's bonds and interest coupons, if any, are investment securities under the terms of Chapter 8, Business & Commerce Code, may be issued registrable as to principal or as to both principal and interest, and may be made redeemable before maturity, at the option of the district, or contain a mandatory redemption provision. (d) A district may issue its bonds in the form, denominations, and manner and under the terms, and the bonds shall be signed and executed, as provided by the board in the resolution or order authorizing their issuance. Acts 1989, 71st Leg., ch. 678, Sec. 1, off. Sept. 1, 1989. Sec. 772.325. PROVISIONS OF BONDS. (a) In the orders or resolutions authorizing the issuance of bonds, including refunding bonds, the board may provide for the flow of funds and the establishment and maintenance of the interest and sinking fund, the reserve fund, and other funds and may make additional covenants with respect to the bonds, the pledge revenues, and the operation and maintenance of any facilities the revenue of which is pledged. (b) The orders or resolutions of the board authorizing the issuance of bonds may also prohibit the further issuance of bonds or other obligations payable from the pledged revenue or may reserve the right to issue additional bonds to be secured by a pledge of and payable from the revenue on a parity with or subordinate to the lien and pledge in support of the bonds being issued. (c) The orders or resolutions of the board issuing bonds may contain other provisions and covenants as the board may determine. (d) The board may adopt and have executed any other proceedings or instruments necessary and convenient in the issuance of bonds. Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989. Sec. 772.326. APPROVAL AND REGISTRATION OF BONDS. (a) Bonds issued by a district must be submitted to the attorney general for examination. (b) If the attorney general finds that the bonds have been authorized in accordance with law, the attorney general shall approve them. On approval by the attorney general, the comptroller shall register the bonds. (c) After the approval and registration of bonds, the bonds are incontestable in any court or other forum for any reason and are valid and binding obligations according to their terms for all purposes. Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989. Sec. 772.327. REFUNDING BONDS. (a) A district may issue bonds to refund all or any part of its outstanding bonds, including matured but unpaid interest coupons. (b) Refunding bonds shall mature serially or otherwise not more than 25 years after their date of issue and shall bear interest at any rate or rates permitted by state law. (c) Refunding bonds may be payable from the same source as the bonds being refunded or from other sources. (d) The refunding bonds must be approved by the attorney general as provided by Section 772.326 and shall be registered by the comptroller on the surrender and cancellation of the bonds refunded. (e) The orders or resolutions authorizing the issuance of the refunding bonds may provide that they be sold and the proceeds deposited in the place or places at which the bonds being refunded are payable, in which case the refunding bonds may be issued before the cancellation of the bonds being refunded. If refunding bonds are issued before cancellation of the other bonds, an amount sufficient to pay the principal of the bonds being refunded and interest on those bonds accruing to their maturity dates or to their option dates if the bonds have been duly called for payment before maturity according to their terms shall be deposited in the place or places at which the bonds being refunded are payable. The comptroller shall register the refunding bonds without the surrender and cancellation of bonds being refunded. (f) A refunding may be accomplished in one or in several installment deliveries. Refunding bonds and their interest coupons are investment securities under Chapter 8, Business & Commerce Code. (g) In lieu of the method set forth in Subsections (a)- (f), a district may refund bonds, notes, or other obligations as provided by the general laws of this state. Acts 1989, 71st Leg., ch. 678, Sec. 1, off. Sept. 1, 1989. Sec. 772.328. BONDS AS INVESTMENTS AND SECURITY FOR DEPOSITS. (a) District bonds are legal and authorized investments for: (1) a bank; (2) a savings bank; (3) a trust company; (4) a savings and loan association; (5) an insurance company; (6) a fiduciary; (7) a trustee; (8) a guardian; and (9) a sinking fund of a municipality, county, school district, and other political subdivision of the state and other public funds of the state and its agencies, including the permanent school fund. (b) District bonds are eligible to secure deposits of public funds of the state and municipalities, counties, school districts, and other political subdivisions of the state. The bonds are lawful and sufficient security for deposits to the extent of their value when accompanied by all unmatured coupons. Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989. Sec. 772.329. TAX STATUS OF BONDS. Because a district created under this subchapter is a public entity performing an essential public function, bonds issued by the district, any transaction relating to the bonds, and profits made in the sale of the bonds are exempt from taxation by the state or by any U municipality, county, special district, or other political subdivision of the state. Acts 1989, 71st Leg., ch. 678, Sec. 1, off. Sept. 1, 1989. DELETED DUE TO INAPPLICABILITY ACTION ON 2016 LEASE CONTRACT WITH XEROX IN THE AMOUNT OF $195.75 A MONTH ON A NEW COPIER AND THE PICK-UP OF THE OLD UNIT FOR THE EXTENSION OFFICE AND AUTHORIZE COUNTY JUDGE PFEIFER TO SIGN THE CONTRACT: Commissioner Galvan made a motion to approve 2016 lease contract with Xerox in the amount of $195.75 a month on a new copier and the pick-up of the old unit for the Extension Office and authorize County Judge Pfeifer to sign the contract. Commissioner Fritsch seconded the motion. Commissioners Galvan, Lyssy, Fritsch, Finster and Judge Pfeifer all voted in favor. Callioun County Commissioner Precinct #1 t hTe ^FT . 211 S. Ann ,�'µti Fax (361) 553-8731 Port Lavaca, TX 77979 � Pager (361) 579-79 k 5 (361) 552-9242 <>� Mobile (361) 935-3552 Wit: r IF �fF DECEMBER 2, 2015 1D*4 APPROVED 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 December 10th Commissioner's Court Agenda. Consider and take necessary action on the 2016 New Lease Contract with Xerox in the amount of $195.75 a month on a new copier and the pick-up of the old unit and authorize Judge Pfeifer to sign the contract. Sincerely, County Roger RCG/apt In Salle Mom�mrra lndlaruAn, Trurs �anyi customer: CALHOUN COUNTY BllTo: COUNTY OF CALHOUN Insla9: COUNTY OF CALHOUN STE 1 STE 1 186 COUNTY ROAD 101 186 COUNTY ROAD 101 PORT LAVACA, TX 77079-6081 PORT LAVACA, TX 71979,6001 State or Local Government Negollotod Contract: 072719100 1, W7845PT $195.76 1: BLACK I - 75,000 Included • Consumable Supplies Included for all prints 75,001+ $0A051 -Pricing Fixed for Term 2: COLOH All Prints $0.0456 :Toth $195.76'.Minimum Payments (Excluding Applicable Taxes) Cusmmer acttnsntedgesvecagp of arcmrmsohhs u0rmmoN Thank You for your buulnossl AiVdu mns;ts of 2 Pages rduury Nis racepip. This Agreement w proudly presented by Xerox and Signer. Wharf J. Pfeifer Phone. (361)553 4600 Harvey Brewer 'TOTAL A `e r J'''s r� j �,' (36T)5765931 �rE�A AnCp E' P l 'F ' "' •, For information on your Xerox Account, go to NTE' Signalurn '( Dnlo. — vrvnv.xorox.cotn/A"ountManaao[nenl - WSL83544111171201511:54:09 Confident 0 4 0 5 9 4 2 0 1 0 0 1 0 0 2 0 ionn5 nRJC {,id1rll; INTRODUCTION: lecielativo body failed to appropriate funds. Your notice must be accompanied by 1, NEGOTIATED CONTRACT. The Products rue subject solely to the terns in the payment of all sums then owed through the cement fiscal year under this Agreement. Negotiated Coedited Identified on the face of Into Agreement, find, for any option you You will return Ile Equipment, at your expense, to a location designated by Xerox and, have induced that Is not addressed In Ilia Nogoliatod Contract, the Ihmreurrenl wlmn retained, the Equipment will be to In goad condition and free of all lions and standard Xerox terms lam such option, encumbrances. You will then be released from any further payment obligations beyond GOVERNMENT TERMS: those payments due for the canned fiscal your (with Xerox retaining all sums paid to 2, REPRESENTATIONS & WARRANTIES, Title provision is applicable to date). governmental entities only, You represent and warrant, as of the dale of this PRICING PLAN/OFFERING SELECTED: Agreement, that: (1) you are a State or a fully constituted po6liral subdivision or agency d. FIXED PRICING. If 'Pricing Fixed for Term' is Identified in Maintenance Plan of the State in which you are located and ate authorized to enter into, and carry out, Features, the maintenance component of the Minimum Payment and Print Charges win your obligations all this Agreement and any other documents required to be not increase detng the inigal Term of this Agreement, delivered in connection with this Agreement (collectively, Ilw'Docurrome'); (2) the GENERAL TERMS & CONDITIONS: Documents have been duly authorized, executed and delivered by you in accordance S, REMOTE SERVICES, Cenaln models of Equipment are supported and serviced with all applicable laws, miss, ordinances and regulations (including all applicable laws using data that Is automatically collected by Xerox or transmitted to or from Xerox by governing open meetings, public bidding and appropriations required in connection with the Equipment connected to Castrucci network('Rbmola Data') via electronic Ibis Agreement and the acquisition of the Products) and are valid, legal, binding transmission to a secure oil -site location ('Rmnolo Data Access'), Remote Data agreements, enlmcbnlefe In accordance with tholf arms; (:1) Ills uncon(s) signing the Access also enabled Xerox to transmit to Customer Releases far Softwareand to Documents leave file, authority to do so, aro acting with Iho (till authorization of year ornately diagnose and modify Egulpmand to repair and correct mallunctlores. Examples governing lady and hold the ollices Indicated below their simulates, each of which are of Remote Data Include product raglstralloo, motor road. supply level, Equipment gonumo; (4) the Products are essential to Ilia lomidialo performance of a cunflguallon and sdlhngs, software variable, and pmblbmtlaui code data. Remote Data governmental or proprietary function by you within Ilia scope of your authority and will may be used by Xerox for billing, report generation, supplies replenishment, support be used during the Term only by you and only to mutual such mrictur; and (5) your services, recommending additions products and services, and product payment obligations under this Agreement constitute if current expense and not a debt Improvemorelttlovolopmont purposes. Remote Data will be transmitted to and from under applicable state taw mid no provision of this Agreement constitutes a pledge of Cusiomar lit a secure manner specified by Xerox. Remote Data Access vigilant allow your tax or general revenues, and any piowslon that is so construed by a court of Xerox to mad, view or download the content of any Customer documents or other competent jurisdiction is fold from the inception of this Agreemeril. Information residng are or passing through the Equipment or Custornefs hibernation 3. FUNDING. This provision is appicalao to governmental entities only, You represent management systems. Customer grants the tight to Xerox, Without charge, to conduct and warrant that all payments due and to became due during your current fiscal year Remote Data Access for the purposes described above. Upon Xerox's request, are within the fiscal budget of such year and are Included within an unrestricted and Customer will provide contact information lot Equipment such as name and address of finencumbered appropriation careful available for the Products, add 11 is your intent to Customer contact and IP and physical atldmssostwcatbns of Equipment, Customer use the Products for Ilia miles area of this Answered and make all payments required will crashes Remote Data Access via a method nosculned by Xerox, and Customer will minor this Agreement, if your legislative body roods not appropriate funds lot ilia provide reasonable assistance to allow Xerox to provide Remote Data Access, Unless conlinuallon of this Agreement for any fiscal year bible the first fiscal year and has no Xerox dooms Equipment incapable of Remote Data Access, Customer will ensure Thal ands to do so from other sources, this Agreement may be terminated. To effect this Remote Data Access is maintained at all tines Maintenance Services are being termination, you must, at least 30 days pilot to the beginning of life fiscal year for which pedounud, your legislative body does not appropriate funds, lately Xerox in failing that your 0 4 0 5 9 4 2 0 1 0 0 2 0 0 2 1 Roger Galvan From: Rhonda Cummins <rdcummins@ag.tamu.edu> Sent: Tuesday, December 01, 201511:36 AM To: Katherine Sutherland; Roger.Galvan@calhouncotx.org Cc: susan.riley@calhouncotx.org Subject: RE: Xerox Copier Lease Agreement Our existing lease will expire on January 17, 2016. Thank you for your assistance. From: Katherine Sutherland Sent: Tuesday, December 01, 2015 11:32 AM To: Roger.Galvan(ulcalhouncotx.ora Cc: susan.rilev(1a calhouncotx.ora; Rhonda Cummins Subject: Xerox Copier Lease Agreement Commissioner, I have attached our new copier lease agreement for the extension office and request for it to be on the December 16h docket for commissioner's court. Our existing lease will expire January 17, 2015. Please advise our office so that Rhonda Cummins can attend. Thank you for your help in this matter. xat`lsm w S4AWaad o�ke 7Xnra4oe (3611550- 9747 �G EXAS LIFE EXTENSION ACTION ON INTERLOCAL AGREEMENT FOR THE ASSESSING AND COLLECTION OF TAXES WITH THE CALHOUN COUNTY APPRAISAL DISTRICT AND AUTHORIZE COUNTY JUDGE TO SIGN: Commissioner Galvan made a motion to approve Interlocal Agreement for the assessing and collection of taxes with the Calhoun County Appraisal District and authorize County Judge to sign. Commissioner Fritsch seconded the motion. Commissioner Lyssy abstained. Commissioners Galvan, Fritsch, Finster and Judge Pfeifer all voted in favor. CALHOUN COUNTY APPRAISAL DISTRICT 426 West Main Street P.O. Box 49 Port Lavaca, Texas 77979 October 7, 2015 County of Calhoun The Honorable Judge Mike Pfeifer 211 S. Ann St. Port Lavaca, TX 77979 CONSOLIDATED APPRAISAL AND TAX SERVICES Appraisal: (361) 552-8808 Collections: (361) 552-4560 Fax: (361) 552-4787 Web: www,�Ih--cad.org RE: Interlocal Agreement for the Assessing and Collection of Taxes Dear Judge Pfeifer: I have enclosed a proposed renewal of an Interlocal Agreement for the Assessing and Collection of Taxes. The attached agreement/contract would cover the period from January 1, 2016 thru December 31, 2018 for all entities contracted through the County as in prior years with the exception of the Port O'Connor Improvement District which has indicated that they wish to contract directly with the appraisal district. If this is not the case please let me know. The appraisal district contracts with McCreary, Veselka, Bragg and Allen, P.C. for the collection of delinquent taxes. This professional relationship has existed for a number of years and is expected to continue. The prior agreement will remain in force until you have had the opportunity to review and adopt the updated renewal. Thank you for your time and attention in this matter. As always, if there should be any questions or if I can be of any assistance do not hesitate to contact me. Sincerely, lr Jesse W. Hubbell Chief Appraiser J W Wrned Enclosures Agreement for the Assessment and Collection Functions of the County of Calhoun To Be Performed by the Calhoun County Appraisal District This agreement made and entered into on this the 10 day of December , 2015 by and between the County of Calhoun (hereinafter referred to as "COUNTY") and the Calhoun County Appraisal District (hereinafter referred to as "DISTRICT") as duly authorized by the governing body of each party to the contract. Purpose and Authorit^ The patties to this agreement wish to enter into an agreement whereby the assessment and collection of property taxes for the COUNTY will be performed by the DISTRICT; The parties enter into this agreement in order to eliminate duplication of services for the assessment and collection of taxes and to promote governmental efficiency; and The parties enter into this agreement pursuant to the authority granted by section 6.23 and 6.24 of the Property Tax Code and Art. 4413 (32c) V.A.T.S., otherwise known at the Inter -local Cooperation Act. In consideration of the premises and of the terms, provisions, and mutual promises herein contained, it is mutually agreed as follows: Length of Contract Period This contract shall be effective January 1, 2016, through December 31, 2018, and shall continue in full force and effect from year to year until such time as either party hereto, by written notice to the other, may terminate the same at the end of the contract year, such termination to be effective only if provided to the other party on or before September 1 of the year in which the party intends for the contract to terminate. Name of Office The consolidated office conducting the assessment and collection functions, including, but not limited to receipts, statements and correspondence, shall be referred to as the Calhoun County Appraisal District. Assessment Services to be Performed The DISTRICT shall perform, through a Texas Department of Licensing and Regulations registered or certified assessor, all the functions of assessment of ad valorem property taxes for the COUNTY as provided under the Property Tax Code and the Texas Comptroller of Public Accounts, Property Tax Division rules, including the calculation and publication of the effective tax rate of the COUNTY according to section 26.04 and the guidelines established by the Texas Comptroller of Public Accounts, Property Tax Division. In the event that the COUNTY proposes to adopt a tax rate exceeding the limits of section 26.05(c) and necessitating further publication of hearings per section 26.06, the costs will be a direct expense to the COUNTY. However, if the COUNTY fails to adopt its tax rate by September 30th, or if the COUNTY'S adopted tax rate is rolled back, the costs for additional publications and notices will be the responsibility of the COUNTY and any additional assessing costs incurred by the DISTRICT for late and separate tax bill processing or issuance of corrected bills associated therewith shall be strictly accounted for by the DISTRICT and shall be payable by the COUNTY submission of that accounting by the DISTRICT. Page 1 of 5 Should the COUNTY offer discounts to its taxpayers under section 31.05(b) or 31.05(c), or both, the DISTRICT agrees that if a consolidated billing system is utilized by the DISTRICT that, upon request or attempted remittance by a taxpayer of taxes imposed by the COUNTY, the DISTRICT will generate a separate billing for that account so that such remittance by taxpayer will not constitute a partial payment under section 31.07. Collection Services to be Performed The DISTRICT shall perform through a Texas Department of Licensing and Regulations registered or certified collector, all the functions of collection of ad valorem property taxes for the COUNTY as provided under the Property Tax Code and the Texas Comptroller of Public Accounts, Property Tax Division rules, including required reports to the COUNTY, notices to taxpayers 'including the 33.07 collection cost penalty notice and issuance of refunds under section 31.11. COUNTY agrees to transfer authority for performance of the taxing unit's approval function for any request exceeding $2,500.00, issuance of tax certificates, and auditor function under section 31.11 to be performed by the DISTRICT's Chief Appraiser. The DISTRICT shall provide at least 7 days written notice to the COUNTY of all refunds in excess of $2,500.00 prior to the DISTRICT issuing the refund. The DISTRICT further agrees to administer and collect special inventory tax as defined in 23.121, et seq., of the tax code in the same manner as it performs all other collection activities for the COUNTY. The COUNTY agrees to deliver or make available to the DISTRICT all delinquent and other tax records necessary for the performance of the DISTRICT'S duties under this contract. At any time the COUNTY may have access to these records, and will be provided with a complete set of records in electronic format or disc if and when COUNTY may wish to terminate this contract agreement. Furthermore, DISTRICT agrees to protect against loss of records by providing for duplicate record storage at periodic intervals, at least weekly, and agrees to make accessible in electronic format, disc or printout, the delinquent records to any delinquent tax attorney operating in behalf of the COUNTY. In addition, the DISTRICT'S collector will be bonded in the amount of $100,000.00, payable to the governing body of the COUNTY. The DISTRICT shall also provide for an independent audit of its collection operation annually to be contracted by the DISTRICT with final reports from auditing firm to the COUNTY. Payment of Services In consideration for the functions of assessing and collecting services to be performed as specifically provided in this contract and according to the Property Tax Code and the Texas Department of Licensing and Regulation rules, and as included in Exhibit A of this contract, the COUNTY agrees to pay to the DISTRICT its pro rata share of the actual costs incurred by the DISTRICT for the assessing and collection functions based on an audit of actual costs incurred. The accounting period of such costs shall be from January 1 through December 31 of each year. Delinquent Taxes The COUNTY transfers to the DISTRICT the right to contract with a delinquent tax attorney of its choice under section 6.30 and 6.24(b) to enforce the collection of delinquent taxes for the COUNTY. The attorney's compensation under the contract shall not exceed that set forth in section 6.20 of the amount of taxes, penalty and interest collected. The COUNTY further agrees that such fee as specified herein as attorney's fees will be paid by the COUNTY from the delinquent taxes, penalties and interest collected for the COUNTY by said private legal counsel. Page 2 of 5 The DISTRICT shall make available the delinquent tax records to the specified attorney by July 1 of each year the contract remains in effect and each year the attorney is contracted to perform these functions. The DISTRICT further agrees that these records will be provided to the attorney contracted within the form of duplicate computer tapes or disks. Other Provisions and Definitions The DISTRICT shall not be liable to the COUNTY on account of any failure to collect taxes nor shall the collector be liable unless the failure to collect taxes is a result of malfeasance. All expenses incurred by the DISTRICT for the assessment and collection of taxes shall be clearly kept on the books and records of the DISTRICT. The COUNTY or its designated representative is authorized to examine the records to be kept by the DISTRICT at such reasonable intervals as the COUNTY deems fit. Such books and records will be kept in the offices of the DISTRICT. In the event a contract dispute arises between the parties herein named to the contract, a mutually agreed upon third party will be named to act as independent arbitrator whose compensation will be paid in equal parts by both parties to the contract, whose decision regarding the dispute will be a binding decision on both parties to the contract. For the purposes of this agreement, the term "assessment" shall include the following: 1) Submission to the COUNTY'S governing body the appraised, assessed and taxable value of new properties and of all discovered, taxable properties in the unit; 2) Calculation and publication of the effective tax rate calculation; 3) Application of the unit's adopted tax rate to the values on the appraisal roll; 4) Submission of the appraisal roll to the governing body for approval and creation of the COUNTY'S tax roll, proration of taxes, maintenance of the integrity of the tax roll through correction of clerical error in the tax roll; and 5) and all other assessment duties mandated under the Property Tax Code. The term "collection" for purposes of this agreement shall include the collection of tax liabilities, issuance of refunds, monthly, annual and other collection reports as provided by this contract, required notices to taxpayers including the collection cost penalty notice section 33.07, Property Tax Code, deposits to the COUNTY'S designated depository at intervals as specified herein, issuance of tax certificates and all other collection functions mandated by the Property Tax Code. For the purposes of assessment and collection the County is defined to include the jurisdictions that the County is presently assessing and collection for as follows: Calhoun County Calhoun County Navigation District (now known as Water Control and Improvement District #1 Drainage District No. 6 Drainage District No. 8 Drainage District No. 10 Drainage District No. 11 Page 3 of 5 Exhibit "A" Basis of Annual Charge for Tax Assessment and Collection I. Expenses of the tax collection office of the DISTRICT used to determine the annual charges to the COUNTY for assessment of property and the collection of taxes thereof are: Payroll All salaries and other payroll expenses are charged to the DISTRICT'S tax collection, including, but not limited to insurance, payroll taxes, workmen's compensation and health insurance. Purchased and Contracted Services All expenses incurred by the DISTRICT'S tax collection office for services rendered by firms, individuals, or professionals which are independent of the DISTRICT such as maintenance contracts, publications, legal fees, upkeep of grounds and buildings, utilities, rentals, and all other purchased and contracted services not mentioned above. This excludes fees of the delinquent tax attorney. Supplies and Materials All expenditures for supplies and materials necessary for the operation and maintenance of furniture, data processing equipment, janitorial, buildings and grounds, books, office supplies, printings, and all other material and supplies not mentioned above. Other Operating Expenses Expenditures necessary for the operation of the tax office such as travel, subsistence, insurance, bonding expense, fees and dues, and other miscellaneous expenses not mentioned above. Capital Outlay All expenditures for furniture, and equipment necessary in the operation of the tax office. II. The following factors and formula will be used in determining the total yearly cost to the COUNTY for assessment and collection: a. Total current tax levy in all of Calhoun County by all jurisdictions. b. Current tax levy of the COUNTY. c. Sum of the costs and expenditures delineated in section I of this Exhibit. Formula: (B / A) x C = COUNTY'S cost Page 4 of 5 Approval of County of Calhoun I, Mike Pfeiffer, do hereby approve the consolidation of the functions of assessment and collection as set forth in this contract and authorized by section 6.24(b) Property Tax Code and Art. 4413(32c) V,A,T,S. otherwise known as the Interlocal Cooperation Act. Nu , ike e' fe my Judge County of C Ihoun Executed in Port Lavaca, Texas on the date and year first written above. Bill Swope Chairman, Board of Directors Calhoun County Appraisal District Page 5 of 5 AMEND THE 2016 SALARY ORDER: Commissioner Galvan made a motion to amend the 2016 Salary Order for the Juvenile Probation Department to allow for training of the new Administrative Assistant. Commissioner Fritsch seconded the motion. Commissioners Galvan, Lyssy, Fritsch, Finster and Judge Pfeifer all voted in favor. Susan Riley From: Cindy Mueller <cindy.mueller@calhouncolx.org> Sent: Tuesday, December 01, 201510:51 AM To: 'Susan Riley' Cc: Mary Orta; Kenny Finster; mike Pfeifer; neil fritsch; roger galvan; vern lyssy Subject: Agenda Item Request -Salary Order Amendment Attachments: SALARY ORDER-2016 AMENDMENT Eff 2016.12.10.pdf Please place the following item on the agenda for December 10, 2015: i CATNA to amend the 2016 Salary Order. Cindy Mueller Calhoun County Auditor 202 5, Ann, Suite B Port Lavaca, TX 77979 Phone 361.553.4610 Fax 361.553,4614 2016 ORDER PASSING MANIMUM SALARIES. MAKING MOMTMLY APPROPRIATION& NO PASSING HOLIDAY SCHEDULE Annual Salary JUVENILE PROBATION INCREASE (One-time increase January only to provide training period for new hire): I Office Manager $39,500 PASS 2016 SALARY ORDER SETTING MAXIMUM SALARIES, MAKING VARIOUS APPROPRIATIONS, SETTING VACATION POLICY AND SICK LEAVE POLICY, SETTING POLICY ON PAYMENT OF HOSPITALIZATION INSURANCE PREMIUM, SETTING HOLIDAY SCHEDULE AND SETTING MISCELLANEOUS POLICY MATTERS: Commissioner Galvan made a motion to pass 2016 Salary Order setting maximum salaries, making various appropriations, setting vacation policy and sick leave policy, setting policy on payment of hospitalization insurance premium, setting holiday schedule and setting miscellaneous policy matters. Commissioner Fritsch seconded the motion. Commissioners Galvan, Lyssy, Fritsch, Finster and Judge Pfeifer all voted in favor. Susan Riley From: Cindy Mueller <cindy.mueller@calhouncotx.org> Sent: Tuesday, December 01, 201510:50 AM To: 'Susan Riley' Cc: Mary Orta; Kenny Finster; mike pfeifer; neil fritsch; roger galvan; vern lyssy Subject: Agenda Item Request -Annual Salary Order Attachments: SALARY ORDER-2016.pdf Please place the following item on the agenda for December 10, 2015: • CATNA to pass 2016 Order setting maximum salaries, making various appropriations, setting vacation policy and sick leave policy, setting policy on payment of hospitalization insurance premium, setting holiday schedule and setting other miscellaneous policy matters. Cindy Mueller Calhoun County Auditor 202 S. Ann, Suite 6 Port Lavaca, TX 77979 Phone 361.553.4610 Fax 361.553.4614 2016 ORDER PASSING MAIUMUM SALARIES MAKING MONTHLY APPROPRIATIONS AND PASSING NOLIDAY SCHEDULE WHEREUPON, on motion by Commissioner Galvan, seconded by Commissioner Fritsch, and unanimously carried, on the loth day of December, 2015, the Court ordered the following Order be adopted and entered: The various officials, supervisors, and permanent employees will be compensated for the Calendar Year 2016 not to exceed the following amounts: SEE SALARY SCHEDULE ATTACHED (Salary Schedule contains salaries for the Juvenile Probation Department. This department is administered by the Juvenile Board and is not included in the County's Budget or Financial Statements; however, the State Statutes indicate that these are employees of the County. These salaries are included for informational purposes only.) All County employees shall be paid on a bi-weekly basis (annual salary divided by the number of bi-weekly pay periods in the year). Each of the officials named herein shall fix the compensation of the employee(s) authorized for his department within the maximum amounts authorized by this Order. Each of said officials will complete and deliver the payroll forms to the County Treasurer to indicate the pertinent information for all employees covered by the Fair Labor Standards Act who were employed during the pay period; he will also see that the necessary exemption certificates and other information are furnished to the County Treasurer so that proper deductions may be made and records compiled for Federal Withholding Tax, Social Security Tax, Group Insurance, and Retirement Plan. EMERGENCY MEDICAL SERVICE SEE SALARY SCHEDULE ATTACHED In addition, employees are paid an overtime rate of one and one-half times the above rates. An employee on call is paid an hourly rate of $1.00. Amounts shown in the attached Salary Schedule are for budgeting purposes only. PART-TIME OR TEMPORARY HELP The various officials/supervisors will be allowed to employ extra help at the following maximum hourly rates ➢ Building Department Labor $ 7.25 ➢ Clerical Help in County Offices $ 7.25 ➢ Road and Bridge Precinct Labor $ 7.25 ➢ Waste Management Department Labor $ 7.25 ➢ Mechanics $ 9.00 ➢ Skilled Help $15.00 ➢ JP Court Clerks -Part -Time $ 13.00 ➢ Librarians -Part -Time $ 12.78 ➢ Bailiffs $ 12.50 ➢ Heavy Equipment Operators $ 12.00 ➢ Veterans Service Officer -Part -Time $ 12.60 ➢ License Differentials (per certification and if applicable): ➢ Pesticide/Herbicide $ 0.12 ➢ EMT Intermediate Certification $ 0.14 ➢ Vector $ 0.58 ➢ CDL $ 0.17 ➢ CDL-X (Hazmat endorsement) $ 0.26 ➢ K-9 $ 0.58 ➢ Paramedic License $ 0.58 ➢ Pesticide/Herbicide plus Vector $ 0.69 Payments may be made up to the amount authorized in each department budget, approved by the Commissioners Court in the 2016 Budget. The officials/supervisors affected by this Order will not obligate the County for the payment of any compensation in excess of the extra help Page No. 1 2016 ORDER PASSING MAIUMUM SALARIES, MAKING MONTNLY APPROPRIATIONS, AND PASSING NOLIDAY SCHEDULE allowance without prior authorization of Commissioners Court. These employees will be considered part-time or temporary employees of the County and will be subject to Federal Withholding Tax and Social Security Tax deductions. APPROPRIATIONS FOR CELL PHONE ALLOWANCE County Commissioners will be paid a bi-weekly set allowance as follows: Commissioner, Precinct No. 1 Commissioner, Precinct No. 2 Commissioner, Precinct No. 3 Commissioner, Precinct No. 4 $69.23 Bi-Weekly $69.23 Bi-Weekly $69.23 Bi-Weekly $69.23 Bi-Weekly APPROPRIATIONS FOR TRAVEL ALLOWANCE Officers, agents or employees of the County will be reimbursed for actual traveling expenses while out of the County on official County business or in attendance at conferences relating to County government up to the amount authorized in the 2016 budget for this purpose in accordance with the County's purchasing manual. Reimbursement will be requested on the travel form available in the office of the County Treasurer and will be filed, with supporting documentation, in the County Treasurer's Office within one month after the trip has been made. Certain personnel will be reimbursed for actual traveling expenses in the County in amounts not to exceed the appropriations authorized in the 2016 budget. Mileage reimbursement for the use of personal automobiles, which have been authorized, will be computed at the current rate set by the Internal Revenue Service for tax purposes with the following exceptions which will be paid a bi-weekly set allowance as follows: County Judge Constables Justices of Peace Nuisance Enforcement Officer $296.15 Bi-Weekly $296.15 Bi-Weekly $238.46 Bi-Weekly $296.15 Bi-Weekly APPROPRIATIONS FOR CALHOUN COUNTYAPPRAISAL DISTRICT Payable in quarterly installments from the General Fund to the Calhoun County Tax Appraisal District: Appraisal Services Collection Services HOLIDAY SCHEDULE The Court set the following holiday schedule for the calendar year 2016: Good Friday Memorial Day Independence Day Labor Day Veterans' Day Thanksgiving Day Christmas Day New Year's Eve New Year's Day $55.751.25 Quarterly $18,093.25 Quarterly Friday, March 25 Monday, May 30 Monday, July 4 Monday, September 5 Friday, November 11 Thursday, November 24 & Friday, November 25 Friday, December 23 & Monday, December 26 Friday, December 30 Monday, January 2, 2017 However, it was agreed that if any of the above holidays should fall on a non -working day, the employees should be allowed to observe the nearest working day preceding or following the holiday, as shown above. 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