Download PDF Packet - Agenda

NUECES COUNTY, TEXAS 

COMMISSIONERS COURT AGENDA 

NOTICE OF PUBLIC MEETING 

August 8, 2012 

The Nueces County Commissioners Court will meet on the above date at 9:00 a.m. in the Commissioners 

Courtroom, 3rd floor, Nueces County Courthouse, 901 Leopard, Corpus Christi, Texas. 

SAMUEL L. NEAL, JR. COUNTY JUDGE 

MIKE PUSLEY COMMISSIONER, PRECINCT NO. 1 

JOE A. GONZALEZ COMMISSIONER, PRECINCT NO. 2 

OSCAR O. ORTIZ COMMISSIONER, PRECINCT NO. 3 

JOE MCCOMB COMMISSIONER, PRECINCT NO. 4 

DIANA T. BARRERA, CLERK OF THE COURT 

INFORMATION ON THE COMMISSIONERS COURT AGENDA 

CONSENT AGENDA: At most meetings, the Commissioners Court establishes a Consent 

Agenda. It consists of those Agenda Items which are routine or non-controversial, and which 

neither a member of the Commissioners Court nor the public has asked to be pulled for 

discussion. Once the Commissioners Court has established the Consent Agenda, Agenda Items 

included on it will be voted upon in one vote, and will not be discussed separately unless 

requested by the County Judge, Commissioner, or a citizen. 

EXECUTIVE SESSION: The Commissioners Court may go into Executive Session to discuss 

those matters listed anywhere on the Agenda or as otherwise permitted by law. 

PUBLIC COMMENT: Members of the public will have the opportunity to address the 

Commissioners Court during this section on any Agenda Item or any subject within its 

jurisdiction except a matter related to pending litigation. Each speaker should sign in on the 

Public Comment Sheet available at the rear of the Courtroom at least five (5) minutes before 

commencement of the Commissioners Court meeting. Speakers should limit their comments to 

two (2) minutes. The County Judge may, if he deems it necessary, limit both the number of 

speakers and the time allotted to each speaker. Under the law, the Commissioners Court may only 

take action on items specifically listed on the Agenda. Subject matter presented which is not part 

of the Agenda will be referred to the appropriate department for review and subsequent action.

Materials submitted during public hearings will not be returned unless prior arrangements have 

been made through the County Clerk, with the approval of the County Judge. At least ten (10) 

copies of any document to be used by any speaker should be available for distribution. The 

speaker’s name and, if applicable, Agenda Item number should be clearly marked on such 

documents. Public Comment for items not on the Agenda will normally be held at the end of the 

meeting. 

ADJOURNMENTS IN MEMORY: The Commissioners Court may adjourn the meeting in 

memory of deceased community leaders, County employees, and other distinguished persons. 

Requests for Adjournment in Memory may be made through any County Commissioner or the 

County Judge. 

AUXILIARY AIDS OR SERVICES: Persons with disabilities who plan to attend this meeting 

of the Commissioners Court, and who may need special assistance, services or auxiliary aids, 

should contact the Office of the Nueces County Judge (361-888-0444) at least forty-eight (48) 

hours ahead of the meeting so that appropriate arrangements can be made. 

1. CALL TO ORDER 

A. County Judge calls for the Invocation. 

B. Pledge of Allegiance to the United States of America and Texas Flags. 

C. County Judge will call roll, note date, time, and location of meeting, and certify a quorum is present. 

D. Approve the following Minutes: 

1. July 18, 2012. 

2. July 25, 2012. 

2. PUBLIC COMMENT: This section provides the public the opportunity to address the 

Commissioners Court on any issues within its jurisdiction. The Commissioners Court may not take 

formal action on any requests made during the Public Comment period which are not on the Agenda, 

but can refer such requests to County staff for review if appropriate. 

3. CONSENT AGENDA: The following Agenda Items are of a routine nature, and the Commissioners 

Court has received supporting materials for consideration. All of these Agenda Items will be passed 

with one vote without being discussed separately, unless a member of the Commissioners Court or the 

public requests that a particular Agenda Item be discussed. If so, that Agenda Item will be pulled from 

the Consent Agenda and discussed as part of the regular Agenda at the appropriate time. One vote 

will approve the remaining items on the Consent Agenda. 

A. Authorize payment of bills - manual check register dated July 31, 2012. 

B. Authorize payment of bills - regular bill summaries dated July 20, 2012; July 27, 2012; and August 3, 

2012. 

C. Authorize payment of bills - group health insurance claims and fees, check register: July 16, 2012 to

C. Authorize payment of bills - group health insurance claims and fees, check register: July 16, 2012 to 

July 20, 2012. 

D. Authorize payment of bills - special motions list dated August 8, 2012. 

E. Approve the monthly revenue reports in accordance with LGC 114.044 - June 2012. 

F. Approve the following "Outside Agency" Contract: 

1. Nueces County CPS Community Partners Board - $1,000. 

G. Ratify execution of two (2) Intergovernmental Agreements with U.S. Department of Justice, Marshals 

Service, related to the housing of Federal detainees in LCS Correction Services facilities located at 1) 

Coastal Bend Detention Center, 4909 FM 2826, Robstown, Texas, and 2) East Hidalgo Detention 

Center, 1300 Highway 107, La Villa, Texas. 

H. Discuss and consider the acceptance of $148,306.00 in contributions to the Capital Project Fund 1915. 

I. Execute Contract Addendum 3 for Group Term Life Insurance (RFP No.2817-09) with Fort Dearborn 

Life. 

J. Ratify/approve execution of a Motor Vehicle License Point of Sale Sticker Lease Agreement 

amendment to document #20050177 with Bay Chevrolet-GEO, Inc., dba Allen Samuels, related to the 

issuance of title application/motor vehicle sales tax receipts, point of sale stickers, and license plates. 

K. Ratify/approve execution of a Motor Vehicle License Point of Sale Sticker Lease Agreement 

amendment to document #20050188 with Coastal Motorcars, related to the issuance of title 

application/motor vehicle sales tax receipts, point of sale stickers and license plates. 

L. Ratify/approve execution of a Motor Vehicle License Point of Sale Sticker Lease Agreement 

amendment to document #200600024 with Ed Hicks Nissan, LTD, related to the issuance of title 

application/motor vehicle sales tax receipts, point of sale stickers and license plates. 

4. REGULAR AGENDA: 

A. AGENDA ITEMS 

1. Discuss and consider proposal for 2012-2013 tax rates for Nueces County and the Nueces County 

Hospital District that exceeds the effective tax rate; take record vote; and authorize the publishing of 

appropriate notices. 

2. Discuss and consider approving a Dune Protection Permit application for the Beach View Estates 

Dune Walkover. 

3. Discuss and consider approval of Sole Source Purchase of the Intergraph Scope of Work (SOW) for 

the development of the i/LEADS jail interface with the Odyssey Case Management System. 

4. Discuss and consider exercising Renewal Option to the Nueces County and CHRISTUS Spohn Health 

Network Agreement for Network Services (In-Area Only). 

5. Discuss and consider execution of a contract for RFP No. 2910-12 Secondary (Wrap) Network 

Services, Disease Management, Pre-Certification/Utilization Programs, and COBRA/HIPAA 

Administration with HealthSmart. 

6. Discuss and consider execution of a contract for RFP No. 2911-12 Third Party Administration/TPA

6. Discuss and consider execution of a contract for RFP No. 2911-12 Third Party Administration/TPA 

with HealthSmart. 

7. Discuss and consider execution of a contract for RFP No. 2912-12 Cafeteria Administration, including 

Premium Only Plan (POP) & Enrollment/Billing Services. 

8. Discuss and consider approval of the 2012-2013 County and Employee contribution rates for the 

Health Benefits Plan and Life Insurance Plan. 

B. HEALTH DEPARTMENT 

1. Discuss and consider executing an agreement with Dr. William Burgin, Jr., to serve as the Local 

Health Authority for the Public Health District. 

2. Discuss and consider executing an agreement with Dr. Colette Simon to serve as Alternate Local 

Health Authority for the Health District. 

C. GRANTS 

1. Discuss and consider acceptance of a grant award from U.S. Fish and Wildlife Service for the Grants 

Administration Support Project, part of the Coastal Impact Assistance Program (CIAP) grant program. 

2. Discuss and consider authorizing the submission of a grant application for the Texas Veterans 

Commission Fund, Veterans’ Assistance Grant Program. 

D. PURCHASING 

1. Discuss/Award IFB No. 2909-12 Copy Paper, Computer Paper, NCR Paper, & Envelopes. 

2. Authorize A. Ortiz Construction & Paving Inc. to furnish all supervision, machinery, materials and 

labor necessary to pave, seal coat, and stripe the parking lot/areas and driveways at the Bishop 

Community Center. 

3. Rescind the request to purchase a 2012 Toyota Tundra truck from Philpott Motors Ltd. and authorize 

TASB BuyBoard State Contract 358-10 purchase of a 2013 Police Interceptor SUV from Philpott 

Motors for the Sheriff’s office for the replacement of a 2005 Jeep Grand Cherokee. 

4. Discuss and consider the purchase of a firearm by a retiring law enforcement officer and establish the 

amount for which the firearm may be purchased. 

E. AUDITOR 

1. Approve Budget Change Order No. 20 for Fiscal Year 2011-2012. 

2. Approve personnel actions of a budgeted nature: 

a. Application Temporary List No. 319 

b. Frozen List No. 023 

c. Unfreeze List No. 644 

d. Personnel Changes reports dated July 20, 2012 and July 27, 2012. 

3. Discuss and consider reclassification of one part time Licensed Vocational Nurse position to a full 

time position with benefits (H16, salary range is: low $26,254, mid $34,096, high $41,938). 

4. Discuss and consider an increase of $50 in change fund for the Keach Family Library and a $25

4. Discuss and consider an increase of $50 in change fund for the Keach Family Library and a $25 

change fund for the Bishop Branch Library. 

5. EXECUTIVE SESSION: PUBLIC NOTICE is given that the Commissioners Court may elect to 

go into an Executive Session anytime during the meeting to discuss matters listed on the Agenda, when 

authorized by the provisions of the Open Meetings Act, Chapter 551 of the Texas Government Code. 

In the event the Commissioners Court elects to go into Executive Session regarding an agenda item, the 

section or sections of the Open Meetings Act authorizing the Executive Session will be publicly 

announced by the presiding officer. In accordance with the authority of the Government Code, 

Vernon’s Texas Codes, Sections 551.071, 551.072, 551.073, 551.074, 551.0745, 551.076, 551.086, the 

Commissioners Court will hold an Executive Session to consult with attorney(s) including matters 

related to litigation; deliberate regarding real property, prospective gift(s), personnel matters, including 

termination, county advisory bodies, security devices, and/or economic development negotiations and 

other matters that may be discussed in an Executive Session. Upon completion of the Executive 

Session, the Commissioners Court may in an open session take such action as appropriate on items 

discussed in an Executive Session. 

A. Discuss Ricardo Lopez Audit. 

Adjournment in Memory (upon request)

Commissioners Court - Regular 1. D. 1. 

Meeting Date: 08/08/2012 

July 18, 2012 

Submitted By: Vicki Keach, Commissioners Court 

Admin 

Department: Commissioners Court Admin 

RECOMMENDATION 

July 18, 2012. 

BACKGROUND 

DISCUSSION 

July 18, 2012 Minutes 

Information 

Attachments

SPECIAL MEETING - July 18,2012 

BE IT REMEMBERED, that on this the 18th day of July, A.D., 2011, there was begun and 

held a SPECIAL MEETING ofthe Honorable Commissioners Court ofNueces County, 

Texas, wherein the following members thereof were present, to-wit: 

SAMUEL L. NEAL, JR. COUNTY JUDGE 

MIKE PUSLEY COMMISSIONER, PRECINCT NO. 1 

JOE A. GONZALEZ COMMISSIONER, PRECINCT NO.2 

OSCAR O. ORTIZ COMMISSIONER, PRECINCT NO.3 

JOE MCCOMB COMMISSIONER, PRECINCT NO.4 

and Diana T. Barrera, County Clerk ofNueces County, Texas, wherein the following 

proceedings were had, to-wit: 

1. CALL TO ORDER 

A. Judge Neal led the Pledge of Allegiance to the United States of America 

and Texas Flags. 

1. Judge Neal called the roll at 9:00 a.m., and certified a quorum with four (4) 

members present. Commissioner Oscar Ortiz absent. 

2. EXECUTIVE SESSION: The Commissioner's Court entered into 

executive session at 9:02 a.m., in accordance with the authority of the 

Government Code, Vernon's Texas Codes, Sections 551.071, 551.072, 

551.073, 551.074, 551.0745, 551.076, 551.086, to consult with attorney(s) 

including matters related to litigation; deliberate regarding real property, 

prospective gift(s), personnel matters, including termination, county 

advisory bodies, security devices, and/or economic development 

negotiations and other matters that may be discussed in an Executive 

Session. 

Commissioner Oscar Ortiz joined the Court at 9:05 a.m. 

The Court recessed at 11 :30 a.m.



July 25, 2012 minutes 


Admin 



July 25, 2012. 

BACKGROUND 

DISCUSSION 

July 25, 2012 Minutes 

Information 

Attachments

1. Twenty-second (22) Anniversary ofthe Americans with Disabilities Act 

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(July 26). 

Motion by: Commissioner Gonzalez, Second by: Commissioner Ortiz 

Motion: Adopt a Resolution recognizing the 22nd Anniversary ofthe 

Americans with Disabilities Act. 

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Vote: 5 - 0 Approved 

F. Present the following Certificate(s) of Recognition: 

1. Mary Truesdale, County Clerk Filing Manager, retiring after 30 years of 

service to Nueces County. 

2. County Auditor's Office recognition from the Texas Comptroller for 

financial transparency online. 

3. The Court presented the Nueces County Historical Commission a 

Distinguished Service Award from the Texas Historical Commission. 

2. PUBLIC COMMENT: The following persons addressed the 

Commissioners Court. 

Bill Hartman from the Nueces Electric Coop presented a check donation in 

the amount of$146,375.00 for NEC's share of a drainage project in 

Precinct 1 on County Road 69. 

3. CONSENT AGENDA: 

Motion by: Commissioner Gonzalez, Second by: Commissioner Pusley 

Motion: Approve Consent Agenda Items 3A through 3K. 


A. Authorize payment of bills - manual check registers dated July 3, 2012 

July 16,2012. 

B. Authorize payment ofbills - regular bill summaries dated July 6,2012; July 

13,2012; and July 20,2012. 

C. Authorize payment of bills - group health insurance claims and fees 

dated June 25, 2012 to July 13,2012. 

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D. Authorize payment of bills - special motions list dated July 25,2012. 

E. Approve and accept donation from Banquete LS.D. in the amount of 

$3,500.00 for drilling an irrigation well at the Nueces County Park in 

Banquete. I, 

G. Accept the following "Outside Agency" Report for FYI0111 : 

1. Texas A&M University Corpus Christi, Antonio E. Garcia Arts I. 

& Education Center 

H. Approve the following "Outside Agency" Contract: 

1. Texas A&M University Corpus Christi, Antonio E. Garcia Arts 

& Education Center - $2,000. 

I. Terminate agreement with Greater Texas Community Partners and execute 

agreement under name change with Nueces County CPS Community 

Partners Board. 

J. Ratify/Approve execution of a Motor Vehicle License Point of Sale Sticker 

Lease Agreement with Ed Hicks Imports, LTD, related to the issuance of 

title application/motor vehicle sales tax receipts, point of sale stickers, and 

license plates. 

K. Accept resignation and approve application procedure for the Nueces 

County Airport Advisory Board. 

4. REGULAR AGENDA: 

A. AGENDA ITEMS 

1. Discuss and consider the appointment of Election Judges and Alternates for 

the November 6,2012, General Election. II 

Motion by: Commissioner Gonzalez, Second by: Commissioner Pusley r• 

Motion: Approve the appointments ofElection Judges and Alternates for I 

the November 6,2012 General Election. 


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2. Discuss and consider acceptance ofa donation of 0.55 acres, by General l 

Warranty Deed, from Grantors Aleatha Loyce Scarborough and Sue t 

Scarborough Reagan, Executors ofthe Estate ofVersa Caraway 

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Scarborough; and authorize the County Judge to sign the acceptance 

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acknowledgment in the General Warranty Deed and record the deed with 

the County Clerk's property records and related matters. 


Motion: Accept a donation of0.55 acres, by General Warranty Deed, from 

Grantors Aleatha Loyce Scarborough and Sue Scarborough Reagan, 

Executors ofthe Estate ofVersa Caraway Scarborough; and authorize the 

County Judge to sign the acceptance acknowledgment in the General 

Warranty Deed and record the deed with the County Clerk's property 

records. 


3. Discuss and consider acceptance of a grant award from the U.S. Fish and 

Wildlife Service for the GulfBeach Observation DecklViewing Area 

Project related to the Coastal Impact Assistance Program (ClAP) grant 

program. 

Motion by: Commissioner McComb, Second by: Commissioner Gonzalez 

Motion: Accept a grant award from the U.S. Fish and Wildlife Service for 

the Gulf Beach Observation DecklViewing Area Project related to the 

Coastal Impact Assistance Program (ClAP) grant program in the amount of 

$673,320.00. 


4. Discuss and consider execution ofthe First Amendment to the Reformed 

Cooperative Agreement to operate the Corpus Christi-Nueces County 

Public Health District in order to consolidate a nurse practitioner position 

and related matters. 

Motion by: Judge Neal, Second by: Commissioner Gonzalez 

Motion: Authorize execution ofthe amendment to the Reformed 

Cooperative Agreement to operate the Corpus Christi-Nueces County 

Public Health District in order to consolidate a nurse practitioner position. 


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5. Discuss and consider approving an amended Nueces County Vehicle Policy. 

Motion by: Commissioner Pusley, Second by: Commissioner McComb 

Motion: Approve an amended Nueces County Vehicle Policy. 


6. Discuss and consider the application procedure for appointment to the 

Christus Spohn Health System Board. 

Motion by: Judge Neal, Second by: Commissioner McComb 

Motion: Approve the application procedure for appointment to the 

CHRISTUS Spohn Health System Board, to open today, Wednesday, July 

25,2012, and to close on Wednesday, August 15,2012. 


B. HEALTH DEPARTMENT 

1. Discuss and consider authorizing the Corpus Christi-Nueces County Public 

Health District to enter into a contract with the Department of State Health 

Services (DSHS) to provide for breast and cervical cancer screening; and 

authorize Annette Rodriguez, M.P.H., Director of the Corpus Christi-Nueces 

County Public Health District, to sign on behalf ofNueces County. 

Motion by: Commissioner Gonzalez, Second by: Commissioner Pusley 

Motion: Authorize the Corpus Christi-Nueces County Public Health District 

to enter into a contract with the Department of State Health Services 

(DSHS) to provide for breast and cervical cancer screening; and authorize 

Annette Rodriguez, M.P.H., Director ofthe Corpus Christi-Nueces County 

Public Health District, to sign on behalf ofNueces County. 


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E. PURCHASING 

1. Discuss/Award the following request for proposals: 

1. RFP No. 2910-12 Secondary (Wrap) Network Services, Disease 

Management, Pre-Certification! Utilization Programs, and 

COBRAlHIP AA Administration. 

2. RFP No. 2911-12 Third Party AdministrationlTPA. 

3. RFP No. 2912-12 Cafeteria Administration, including Premium Only 

Plan (POP) EnrollmentIBilling Services. 

Motion by: Judge Neal, Second by: Commissioner McComb 

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Motion: Award RFP No. 2910-12, Secondary (Wrap) Network Services, 

Disease Management, Pre-CertificationlUtilization Programs COBRA! 

HIP AA Administration; 

and RFP No. 2911-12, Third Party AdministrationlTPA to Health Smart. 

Evaluation Committee consisted ofthe County Judge, Commissioners Court 

Administrator, Human Services Director, and Purchasing Agent. 

Public Comment: Stacy Minton, Boone-Chapman Representative. 

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Vote: S - 0 Approved 

Motion by: Judge Neal, Second by: Commissioner Pusley 

Motion: Award RFP No. 2912-12, Cafeteria Administration, including 

Premium Only Plan (POP) & EnrollmentIBilling Services to Annie Castro 

Insurance. 

Evaluation Committee consisted ofthe County Judge, Commissioners 

Court Administrator, Human Services Director, Purchasing Agent and 

County Auditor. 

Vote: S - 0 Approved 

2. Discuss and consider a letter from Vets Securing America in reference to 

the award ofRFP No. 2908-12, Nueces County Security Services for the 

Courthouse, Juvenile Justice Center and Keach Family Library, to Amtex 

Security, Inc. 

No action 

3. Authorize the purchase of a one year maintenance service agreement with 

Continuant for the County's Avaya Defmity telephone system and Intuity 

MAPS system that consists of220 ports, audex and other connectors. 

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Motion: Authorize the purchase of a one year maintenance service 

agreement with Continuant for the County's Avaya Definity telephone 

system and Intuity MAPS system that consists of220 ports, audex and other 

connectors for Juvenile Justice Department. 


4. Authorize a purchase with Ainsworth Trucking for wood chipping 

approximately 14,000 cubic yards of brush. 


Table Agenda Items 4 and 5. Motion failed 

Vote: 2 - 3 Rejected 

For: Commissioner Gonzalez 

Commissioner Ortiz 


Motion: Authorize a purchase with Ainsworth Trucking for wood chipping 

approximately 14,000 cubic yards of brush to be paid by Precinct 1 Special 

Revenue funds in the amount of $27,300.00. 


S. Authorize a purchase with Absolute Waste Services, Inc. for the pick-up and 

hauling of approximately 14,600 cubic yards of brush. 


Motion: Authorize a purchase with Absolute Waste Services, Inc. for the 

pick-up of 14,600 cubic yards of brush to be paid from Precinct 1 Special 

Revenue Funds in the amount of $43,800.00. 

Public Comment: 

Bobby Chestnutt-resident of Precinct 1 


6. Discuss and consider the purchase of a firearm by a retiring law 

enforcement officer and establish the amount for which the firearm may be 

purchased. 

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6. Discuss and consider the Sheriffs request to reclassify an Administrative 

Secretary II position, Pay Group 21, to an Office Manager, Pay Group 24; 

reclassify an Internal Auditor position, Pay Group 23, to an Internal Auditor 

- Sheriff, Pay Group 22; reclassify a Corrections Officer position, Pay 

Group 02/4, to a Sergeant, Pay Group 03/4; and to eliminate all temporary 

budget and positions in departments 3700 and 3720. 

Motion by: Commissioner McComb, Second by: Commissioner Gonzalez 

Motion: Approve the Sheriffs request to reclassify an Administrative 

Secretary II position, Pay Group 21, to an Office Manager, Pay Group 24; 

reclassify an Internal Auditor position, Pay Group 23, to an Internal Auditor 

- Sheriff, Pay Group 22; reclassify a Corrections Officer position, Pay 

Group 02/4, to a Sergeant, Pay Group 03/4; and to eliminate all temporary 

budget and positions in departments 3700 and 3720. 


5. EXECUTIVE SESSION: None. 

6. BOARD APPOINTMENTS: 

A. Nueces County MHMR Community Center Board. 

Motion by: Commissioner Pusley, Second by: Commissioner Gonzalez 

Motion: Appoint Dr. Dolores Guerrero to the Nueces County MHMR 

Community Center Board. 


The Court was adjourned at 12:39 p.m. in memory ofArlene Steel, Ben F. McDonald, Jr., \ 

Edith Jean Cory Allen, Loren Wesley Plummer, Jr., Kenneth Crosby Bridges, Charles 

(Chuck) T. Culpepper, Abdon Garcia Perez, Sr., James Louis Ragan and Maria Arcelia 

Araiza. I 

Judge Neal asked the Court to stand for a moment of silence. 

There being no further business to come before the Court, it is ordered that this meeting do 

now stand adjourned, this the 25th day ofJuly, 2012. 

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Commissioners Court - Regular 3. A. 


Manual Check Register 

Submitted For: Margaret L. Hayes Submitted By: Thelma Lopez, 

County Auditor 

Department: County Auditor 


Information 

Authorize payment of bills - manual check register dated July 31, 2012. 

BACKGROUND 

DISCUSSION 

Manual ckreg 

Attachments

Commissioners Court - Regular 3. B. 


Check Registers 





Information 

Authorize payment of bills - regular bill summaries dated July 20, 2012; July 27, 2012; and August 3, 2012. 

BACKGROUND 

DISCUSSION 

ckreg 7/20/12 

ckreg 7/27/12 

ckreg 8/3/12 

Attachments

Report Name: AP _ CCR_NUC 

Report Date: 07/20/2012 

Current Time: 16:55:12 

Current Date: 07/18/2012 

Pa2e 3 

Check# Cbeck Dt Payee Name Description DIV Dept Object Object Description Check Amount 

User ID: Juanita Cabrera N ueces County Consolidated Check Re2ister 

Check Total 25.00 

LA Check Stock Total 37,092.54 

Grand Total 37,092.54

User ID: Rebecca 

RevortName: AP_CCR_NUC 

Nueces County Consolidated Check Register 



Current Date: 07/2012012 

Check# Check Dt PaveeName Descrivti()n DIY Dept Object Obiect Descrivtion Check Amount 

00679189 07/20/2012 ALANIZ, DAVID P 

00679190 07120/2012 AT & T MOBILITY 

00679191 07/20/2012 AT&T 

00679192 07/20/2012 BAILEY, CAROL 

00679193 07/20/2012 BEST WESTERN 

00679194 07/20/2012 CORRECTIONAL MANAGEMENT INSTIT 

00679195 07120/2012 CORRECTIONAL MANAGEMENT INSTIT 

00679196 07120/2012 DOCTRONIX INC 

00679197 07/20/2012 EB PAINTING & CONSTRUCTION 

00679198 07/20/2012 GUERRA, JULIE 

07/22-07/25 GEN 3700 5542 Travel, Food & Lodging 115.20 

Ch!ilck Total 115.20 

06/02-07/01112 GEN 3700 5443 Inter-Local Agreements 3,769.31 

Check Total 3,769.31 

07/07-08/06 GEN 1240 5236 InterNet Fees 157.28 



07/03-08/02 GEN 1465 5231 Telephone Expense 144.01 



Appointed Attny Fees GEN 3150 5342 Appointed Attny Fees 597.15 


NUNEZ 08/12-08/16 GEN 3850 5542 Travel, Food & Lodging 459.76 


YBARRA 07/30-08/02 GEN 3720 5302 Education Registration Fees 235.00 


07/30-08/02 GEN 3720 5302 Education Registration Fees 235.00 


Systems Analyst GEN 1917 5185 Contract Personnel 300.00 


REINFORCED WITH PLYWOOD & GEN 1770 5261 Buildings Maintenance & Repair 4,800.00 

Check Total 4 2800.00 

Pa2e

Nueces Count):: Consolidated Check Re2ister 

User ID: Rebecca Current Time: 10:26:54 

ReDort Name: AP _ CCR_NUC 



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Check# CheckDt Payee Name Desi!dntion DlV Dept Object Obiect DescriDtion Check Amount 

00679199 07/20/2012 KAELIN, JIMMIE DALE 

00679200 07/20/2012 LYB ENTERPRISES 

00679201 07/20/2012 MARTINEZ, DR TROY CHARLES 

00679202 07/20/2012 MEDARY, JUDGE MARY 

00679203 07/20/2012 OMNI 

00679204 07/20/2012 OMNI 

00679205 07/20/2012 PAETEC BUSINESS SOLUTIONS 


Check Total 


Check TQtal 

LEASE AGREEMENT FOR OFFICE GEN 1490 5422 Bldg & Space Rent 3,475.00 


EVALUATION WITH DEFENDANT ON GEN 3120 5348 Defense Costs Other 750.00 


03/25-03/30 GEN 3380 5542 Travel, Food & Lodging 2,224.00 

Che!,';k TQt81 2,224.00 

YBARRA 07/30-08/02 GEN 3720 5542 Travel, Food & Lodging 372.60 


VILLAGOMEZ 07/30-08/02 GEN 3720 5542 Travel, Food & Lodging 372.60 


Telephone Utility Expense GEN 0120 5231 Telephone Expense 35.04 











Telephone Expense GEN 0440 7521 Telephone Expense 146.81

User ID: Rebecca Nueces Counn Consolidated Check Register Current Time: 10:26:54 

Report Name: AP _ CCR _ NUC 

Check# CheckDt Payee Name Description 

Telephone Utility Expense 




Expense 

















Expense 















DIV 

GEN 

GEN 

GEN 

GEN 

GEN 

GEN 

GEN 

GEN 

GEN 

GEN 

GEN 

GEN 

GEN 

GEN 

GEN 

GEN 

GEN 

GEN 

GEN 

GEN 

GEN 

GEN 

GEN 

GEN 

GEN 

GEN 

GEN 

GEN 

GEN 

GEN 

GEN 

GEN 

GEN 

GEN 

GEN 

Dept 

1190 

1315 

1440 

1440 

1450 

1450 

1450 

1460 

1490 

1490 

1500 

1500 

1520 

1520 

1520 

1520 

1540 

1540 

1540 

1550 

1550 

1565 

1590 

1590 

1600 

1600 

1600 

1740 

1770 

1770 

1770 

1780 

3091 

3621 

3700 

Object 

5231 

5231 

5231 

5231 

5231 

5231 

5231 

5231 

5231 

5231 

5231 

5231 

5231 

5231 

5231 

5231 

5231 

5231 

5231 

5231 

5231 

5231 

5231 

5231 

5231 

5231 

5231 

5231 

5231 

5231 

5231 

5231 

5231 

5231 

5231 

Object Description 

Telephone Expense 






























Telephone 






Paz:e 3 

Check Amount 

35.08 

124.49 

104.42 

147.23 

106.27 

96.77 

150.43 

40.80 

325.12 

589.90 

7,815.69 

35.04 

76.60 

79.03 

39.56 

37.04 

256.15 

542.81 

78.03 

47.29 

36.54 

187.25 

167.69 

35.30 

140.43 

269.89 

42.04 

1,108.33 

73.98 

85.78 

36.54 

36.54 

38.32 

132.21 

221.45



Report Name: AP _CCR_NUC 



Page 4 

Check# Payee Name Description 

DIY Dept Object Object Description 

Check Amount 

00679206 07/20/2012 JAMES MICHAEL 

06/18-06/21 

00679207 07/20/2012 SMART CORPORATION 

00679208 07/20/2012 TRICE, JOHN 

RECORDS COPIES. 

RECORDS COPIES. 

Park Board Meetings Attended: 

00679209 07/20/2012 VERIZON SELECT SERVICES INC 

07/04-08/03 

07/01-07/31 

07/04-08/03 

07/1-07131 

07/07 -08/06 

00679210 07/20/2012 VILLAGOMEZ, MONICA 

07/30-08/02 

00679211 07/20/2012 YBARRA, JEREMY 

07/30-08/02 

GEN 

GEN 

GEN 

GEN 

GEN 

GEN 

GEN 

GEN 

GEN 

GEN 

GEN 

1010 

3150 

3150 

0180 

1520 

1520 

1520 

1545 

1580 

3720 

3720 

5542 

5348 

5348 

5332 

5231 

5231 

5231 

5231 

5231 

5542 

5542 

Travel, Food & Lodging 

Defense Costs Other 

Defense Costs Other 

Park Commissioners 









Check Total 

Check Total 

Check Total 

Check Total 

Check Total 

Check Total 

204.93 

204.93 

1,362.D1 

1,302.17 

2,664.18 

150.00 

150.00 

109.59 

696.08 

754.52 

61.38 

524.33 

2,145.90 

115.20 

115.20 

115.20 

115.20 



Nueces Count! Consolidated Check Register 

User ID: Juanita Cabrera Current Time: 14:02:51 

Report Name: AP _ CCR _NUC 


Current Date: 0711812012 

Paee 2 

Check# CheckDt Payee Name Description DIY Dept Object Obiect Description Check Amount 

00025706 07/27/2012 DIAZ, DAVID 

00025707 07/27/2012 DODSON, RICK 

00025708 07/27/2012 DORSEY, CHRISTOPHER 

00025709 07/27/20]2 EDWARDS, DONALD B 

00025710 07/27/2012 EMMETT R REYES PLLC, LAW OFFIC 

00025711 07/27/2012 FLORES, JOE A 

00025712 07/27/2012 FLORES, PAUL 

00025713 07/27/2012 FLYNN, ROBERT 

000257]4 07/27/2012 GALE, CHRISTOPHER J 

00025715 07/27/2012 GALVAN, DEEANNE SVOBODA 

GARCIA, CYNTHIA GEN 3360 5342 Appointed Attny Fees 400.00 

Chfjl!:kTotal 400.00 

GARCIA, OMAR CARLO ANGEL GEN 3150 5342 Appointed Attny Fees 212.00 

Che!:k Total 

CASTILLO, RUBEN GEN 3310 5342 Appointed Attny Fees 350.00 

Check Total 

CA VANACHOLO, ADRIAN GEN 3110 5342 Appointed Attny Fees 100.00 


ORTIZ, ADELFINO GEN 3110 5342 Appointed Attny Fees 350.00 

ORTIZ, ADELFINO GEN 3110 5342 Appointed Attny Fees 100.00 


ALVAREZ, BENITO GEN 3360 5342 Appointed Attny Fees 730.00 


Monthly Local Mileage: GEN 3480 5541 Mileage - Local 70.56 


CRUZ,FRANK GEN 3110 5342 Appointed Attny Fees 350.00 

VASQUEZ, CHRISTINA GEN 3330 5342 Appointed Attny Fees 100.00 


LEMONS, DELVIN GEN 3310 5342 Appointed Attny Fees 100.00 


DANIELS, AARON GEN 3130 5342 Appointed Attny Fees 250.00 

DANIELS, AARON GEN 3130 5342 Appointed Attny Fees 250.00

User ID: Juanita Cabrera N ueces Count}: Consolidated Check Re2ister 


Renort Name: AP_CCR_NUC 



Page 4 

Check# CheckDt Pavee Name Descrivtion DIY Dept Object Object Descrintion Check Amount 

00025723 07/27/2012 GONZALEZ, VINCENT 

00025724 07/27/2012 GRAHAM LEGAL SERVICES 

00025725 07/27/2012 GREENBERG, LISA 

00025726 07127/2012 HElL, LAW OFFICE OF JACYR 

00025727 07/27/2012 HOELSCHER, KYLE 

00025728 07/27/2012 HOELSCHER, TARA ADAMI 

00025729 07/27/2012 HOLSTEIN, RICK 

00025730 07/27/2012 ILES PC, L CHRIS 

HITCHNER, DONALD GEN 3310 5342 Appointed Attny Fees 450.00 

Check Total 

ADAMS, CLARISSA GEN 3310 5342 Appointed Attny Fees 510.00 

Check Total 

GARCIA, CHILD GEN 3150 5342 Appointed Attny Fees 140.00 

ALVARADO, MICHAEL GEN 3360 5342 Appointed Attny Fees 400.00 


CANTU, GILBERTO GEN 3110 5342 Appointed Attny Fees 125.00 


MATHIS, CHILDREN GEN 3150 5342 Appointed Attny Fees 200.00 

GONZALEZ, CARLO GEN 3150 5342 Appointed Attny Fees 75.00 

GRIMALDO, ELI GEN 3150 5342 Appointed Attny Fees 75.00 

ROZAS, PARENTS GEN 3150 5342 Appointed Attny Fees 200.00 

MCCLAIN, JARRET GEN 3150 5342 Appointed Attny Fees 75.00 

GONZALES, RICHARD GEN 3310 5342 Appointed Attny Fees 350.00 

KLEINHANS, CHARLES GEN 3380 5342 Appointed Attny Fees 350.00 


SANCHEZ, ROBERT GEN 3310 5342 Appointed Attny Fees 2,706.00 


GARCIA, CHILDREN GEN 3150 5342 Appointed Attny Fees 704.00 

Ch!,::ck Total 704.00 

CASEY, CHILD GEN 3150 5342 Appointed Attny Fees 264.00 

SALINAS, CHILDREN GEN 3150 5342 Appointed Attny Fees 260.00 

Check Total 524.00

User ID: Juanita Cabrera 

Report Name: AP_CCR_NUC 



Current Time: 14;02;51 


Paee 6 

Check# CheckDt PaveeName Description DIV Dept Object Object Description Check Amount 

00025737 07/27/2012 MACK, RANDY 

00025738 07/27/2012 MCCOY, TIMOTHY J 

00025739 07/2712012 PALACIOS, ANDREW 

00025740 07/27/2012 PINEDA, ISlDORO CHRISTIAN 

00025741 07/27/2012 PRETZER PLLC, RANDALL E 

00025742 07/27/2012 PURNELL, SIMON B 

00025743 07/27/2012 RODRIGUEZ, ROBERT 

RIOS, JASMINE GEN 3310 5342 Appointed Attny Fees 400.00 


lIDTCHINSON, TREVOR GEN 3310 5342 Appointed Attny Fees 715.00 

CASTRO, VIRGINIA GEN 3380 5342 Appointed Attny Fees 350.00 



Check Total 

NAVA, HERMAN GEN 3150 5342 Appointed Attny Fees 75.00 

SAIZ, ISAAC GEN 3150 5342 Appointed Attny Fees 75.00 


MENDEZ, RICARDO GEN 3310 5342 Appointed Attny Fees 350.00 

TAYLOR, DAWN GEN 3360 5342 Appointed Attny Fees 100.00 

Check Total 

GARCIA, JANIE GEN 3310 5342 Appointed Attny Fees 550.00 

BROWN, CHARLES GEN 3310 5342 Appointed Attny Fees 350.00 

GONZALEZ, ANGEL JUNIOR GEN 3150 5342 Appointed Attny Fees 400.00 

PRATOR, AMEY GEN 3310 5342 Appointed Attny Fees 100.00 


ALEXANDER, JAMES GEN 3310 5342 Appointed Attny Fees 450.00 

DUQUE, CARLOS GEN 3310 5342 Appointed Attny Fees 125.00 

DUQUE, CARLOS GEN 3310 5342 Appointed Attny Fees 350.00 


DAVILA, ARMANDO GEN 3360 5342 Appointed Attny Fees 570.00 

Check Total 570.00

Nueces County Consolidated Check Re2ister 

Juanita Cabrera Current Time: 14:02:51 

ReDort Name: AP CCR NUC 



Pa2e 7 

Check# CheckDt Payee Name Description DIV Dept Object Object Description Check Amount 

00025744 07/27/2012 SANnNES, IRMA M 

00025745 07/27/2012 STARCHER LAW FIRM 

00025746 07/27/2012 STEPHEN WBYRNE ATTORNEY AT LA 

00025747 07/27/2012 STOLLEY, MARK W 

00025748 07/27/2012 STUCKENBERG, LAW OFFICE OF SAR 

00025749 07/27/2012 TORRES, DEEANN 

00025750 07/27/2012 TREVINO, LAW OFFICE OF JERRY J 

00025751 07/27/2012 TREVINO, LA W OFFICE OF JANIE 

CASTRO, JESSICA GEN 3110 5342 Appointed Attny Fees 350.00 

Ch!;:!.;kTotal 350.00 

CAMPOS, JOSE GEN 3110 5342 Appointed Attny Fees 125.00 


CARRILLO, SARAH GEN 3310 5342 Appointed Attny Fees 100.00 

JOHNSON, GABRIEL GEN 3380 5342 Appointed Attny Fees 1,400.00 

Check Total 1 1 500.00 

BENTANCOURT,ASHLEY GEN 3150 5342 Appointed Attny Fees 75.00 

GARZA,JOSE GEN 3150 5342 Appointed Attny Fees 75.00 

ANAYA, JOTSEE GEN 3150 5342 Appointed Attny Fees 75.00 

BALL, ERIC GEN 3150 5344 Appt Attnys-Capital Trials 75.00 

BALL, ERIC GEN 3150 5344 Appt Attnys-Capital Trials 75.00 

nMENEZ, DAMIEN GEN 3340 5341 Appointed Attny Fees - Co Crts 150.00 


MACIAS, BRIDGET GEN 3150 5342 Appointed Attny Fees 300.00 

MENDOZA, CHILDREN GEN 3150 5342 Appointed Attny Fees 290.00 

MENDOZA, CHILDREN GEN 3150 5342 Appointed Attny Fees 80.00 


LUNA, FRANCES GEN 3380 5342 Appointed Attny Fees 100.00 


PEDRAZA, STEVE GEN 3310 5342 Appointed Attny Fees 350.00 

BARRERA, NICHOLAS GEN 3380 5342 Appointed Attny Fees 400.00 


SEGO, CHILDREN GEN 3150 5342 Appointed Attny Fees 200.00

User ID: Juanita Cabrera Nueces Count):: Consolidated Check Re(:ister 

Report Name: AP _ CCR _ NUC 

Reoort Date: 07/27/2012 

Page 8 

Check# Check Dt PaveeNBme Description DIV Dept Object Obiect Description Check Amount 

00025752 07/27/2012 VARGAS, ROBERT 

00025753 07/27/2012 VASQUEZ, GABRIEL 

00025754 0712712012 VILLARREAL-KUCHTA, MICHELE 

00025755 07/27/2012 WALLER, HAROLD CHRISTOPHER 

00025756 07/27/2012 ZAPATA, RICHARD D 

00679064 07/27/2012 3M ELECTRONIC MONITORING, INC. 

00679065 07/27/2012 ABM JANITORIAL SERVICES SOUTH 


GILLUM, MICHAEL CLARENCE GEN 3340 5342 Appointed Attny Fees 400.00 


OLGUIN, MARK GEN 3310 5342 Appointed Attny Fees 350.00 


SCARBOROUGH, KIMBERLIN GEN 3110 5342 Appointed Attny Fees 100.00 

SCARBOROUGH, KIMBERLIN GEN 3110 5342 Appointed Attny Fees 350.00 

MARTIN, JASMIN GEN 3110 5342 Appointed Attny Fees 350.00 

MEDINA, MEGAN GEN 3310 5342 Appointed Attny Fees 350.00 

CONTRERAS, CARLOS GEN 3310 5342 Appointed Attny Fees 400.00 

Check Total 1 z 550.00 

SULLIVAN, DEANNA GEN 3110 5342 Appointed Attny Fees 350.00 

GARCIA, ROXANNEIBIO MOTHER GEN 3150 5342 Appointed Attny Fees 160.00 

PEREZ, CHILDREN GEN 3150 5342 Appointed Attny Fees 250.00 

Check Total 

PEDRAZA, RAMON GEN 3110 5342 Appointed Attny Fees 100.00 

TREVINO, GUADALUPE GEN 3110 5342 Appointed Attny Fees 350.00 

PEDRAZA, RAMON GEN 3110 5342 Appointed Attny Fees 25.00 


EP Check Stock Total 54 z 019.52 

Cost for Active-WMTD GEN 3480 5434 Electronic Monitor & ID Costs 269.50 

Cost for Passive-WMTD GEN 3480 5434 Electronic Monitor & ID Costs 957.50 

Check Total 

ANNUAL JANITORIAL SERVICES AT GEN 1460 5266 Contract Services-Buildings 3,184.24 

ANNUAL JANITORIAL SERVICES AT GEN 1500 5266 Contract Services-Buildings 10,969.83



Reoort Name: AP_CCR_NUC 



Paz:e 10 

Check# Check Dt Payee Name Descriotion DIV Dept Object Obiect Descrintion Check Amount 

00679068 07/27/2012 ADVANCED TEMPORARIES INC 

00679069 07/27/2012 ALERE TOXICOLOGY SERVICES INC 

00679070 07/27/2012 ALLIED WASTE SERVICES 

00679071 07/27/2012 AMERICAN FILTRATION 

00679072 07/27/2012 AMTEX SECURITY INC 

CLEANING ANIMAL CONTROL GEN 5330 5463 Wearing Apparel 17.52 




Weekend Counter Help @Padre GEN 0180 5185 Contract Personnel 990.40 

Weekend Counter Help @ Padre GEN 0180 5185 Contract Personnel 78.92 

Check Total 1:069.32 

Rapid UA lab results of GEN 2822 5303 Medical, Dental, Hospital, Lab 2,319.00 


SOLID WASTE COLLECTION & GEN 0120 5239 Tipping & Dump Fees 149.29 

SOLID WASTE COLLECTION & GEN 0120 5239 Tipping & Dump Fees 149.29 

STANDING PO FOR FY 11-12; GEN 0170 5239 Tipping & Dump Fees 257.08 

SOLID WASTE GENERATION FEE, GEN 0170 5239 Tipping & Dump Fees 31.52 

SOLID WASTE GENERATION GEN 0170 5239 Tipping & Dump Fees 63.04 


STANDING PO FOR FYll-12; GEN 0170 5239 Tipping & Dump Fees 219.04 

SOLID WASTE GENERATION FEE; GEN 0170 5239 Tipping & Dump Fees 63.04 



QUARTERLY REPLACEMENT OF HVAC GEN 1450 5266 Contract Services-Buildings 23.00 





QUARTERL Y REPLACEMENT OF HVAC GEN 1740 5266 Contract Services-Buildings 651.00 

QUARTERL Y REPLACEMENT OF HV AC GEN 1740 5266 Contract Services-Buildings 397.50 


Security Services - Sept 2011 GEN 2822 5185 Contract Personnel 638.00






Page 11 

Check# Check Dt Payee Name Description DIV llIm1 Object Object Description Check Amount 

00679073 07/27/2012 ANSWER INC 

00679074 07/27/2012 ANTONIO E GARCIA ARTS & EDUCAT 

00679075 07/2712012 ARAMARK 

00679076 07/27/2012 ARIAS & ASSOCIATES INC 

00679077 07/27/2012 AUTOTECH OF SOUTH TEXAS INC 

00679078 07/2712012 BA Y AREA TIME 

00679079 07/27/2012 BFI - CORPUS CHRISTI 

00679080 07/27/2012 C C PRODUCE CO INC 


asnwering service for after GEN 3890 5235 Pagers 290.40 


Texas A&M Garcia Art Center GEN 0137 5478 Economic Development-General 2,000.00 


Detl.'Iltion Facility: GEN 3490 5228 Contract Meals 1,797.80 

Meal contract for provision of GEN 3492 5228 Contract Meals 2,613.88 


CONSTRUCTION MATERIALS GEN 1915 5320 Soil Tests & Other 367.40 


REPLACE PIGTAIL CONNECTOR TO GEN 4190 5249 Car Repairs, Supplies & Srvcs 90.00 

VAN # 78 JANIE GARCIAJBISHOP GEN 4190 5249 Car Repairs, Supplies & Srvcs 51.78 

REMOVE & REPLACE MOTOR GEN 4190 5249 Car Repairs, Supplies & Srvcs 63.00 

DIAGNOSE AlC NOT BLOWING IN GEN 4190 5249 Car Repairs, Supplies & Srves 90.00 

LABOR TO REMOVE & REPLACE MAIN GEN 4190 5249 Car Repairs, Supplies & Srves 90.00 

BLOWER MOTOR - MAIN UNIT GEN 4190 5249 Car Repairs, Supplies & Srvcs 103.02 

RESISTOR FRONT BLOWER GEN 4190 5249 Car Repairs, Supplies & Srvcs 28.40 


Cleaned and Oiled Time Stamp GEN 3530 5251 Office Equip Maint & Repairs 45.00 


BRUSHIDEBRIS DISPOSAL AT THE GEN 5220 5239 Tipping & Dump Fees 278.56 


C. C. PRODUCE GEN 4190 5221 Food & Edible Items 81.53 

C. C. PRODUCE GEN 4190 5221 Food & Edible Items 86.46

Nueces Couno: Consolidated Check Re2ister 


Reoort Name: AP _CCR_NVC 



Pa2e 15 

Check# CheckDt PaveeName Descriotion DIV Dept Object Object Descriotion Check Amount 

00679106 07127/2012 GONZALEZ, HECTORR 

00679107 07/27/2012 GONZALEZ, JUAN P 

00679108 07/27/2012 GONZALEZ, RAY A 

00679109 07/27/2012 GRESHAM SMITH AND PARTNERS 

00679110 07/2712012 GULF COAST LASERRENU LLC 

00679111 07/27/2012 GULF COAST PAPER CO INC 

00679112 07/27/2012 HILL COUNTRY DAIRIES INC 

00679113 07/2712012 IRON MOUNTAIN 

ORTA,PAUL GEN 3110 5342 Appointed Artny Fees 25.00 

HERNANDEZ, MIGUEL MORENO GEN 3110 5342 Appointed Attny Fees 200.00 

ORTA, PAUL GEN 3110 5342 Appointed Attny Fees 100.00 

HERNANDEZ, MIGUEL MORENO GEN 3110 5342 Appointed Artny Fees 250.00 

ORTA,PAUL GEN 3110 5342 Appointed Attny Fees 100.00 

MENDEZ, MICHELLLE GEN 3110 5342 Appointed Artny Fees 350.00 


ELY,REJUS GEN 3380 5342 Appointed Attny Fees 580.00 


VELASQUEZ, CHRISTOPHER GEN 3110 5342 Appointed Attny Fees 250.00 

VELASQUEZ, CHRISTOPHER GEN 3110 5342 Appointed Attny Fees 250.00 


ENVIRONMENTAL ENGINEERING GEN 0120 5310 Engineers, Surveyors, etc. 6,956.25 

ENVIRONMENTAL ENGINEERING GEN 2702 5310 Engineers, Surveyors, etc. 1,406.25 


HP 4SI-Jamming, Replaccd GEN 3540 5251 Office Equip Maint & Repairs 90.00 

HP4014/4015 ENVELOPE FEEDER GEN 3613 5251 Office Equip Maint & Repairs 250.00 


GULF COAST PAPER GEN 4190 5225 Kitchen Supplies & Tools 112.94 

Che!;k Total 112.94 

HILL COUNTRY DAIRYS GEN 4190 5221 Food & Edible Items 269.50 

HILL COUNTRY DAIRYS GEN 4190 5221 Food & Edible Itcms 397.32 


Monthly billing for rental GEN 1315 5422 Bldg & Space Rent 963.83



ReportName: AP_CCJt...NUC 



Page 17 

Check# Check Dt Payee Name Description DIV Dept Object Object Description 

Check Amount 

00679122 07/27/2012 MENTAL HEALTH MENTAL RETARDATI 

Psychological Evals invoices 

Psychological Evals invoiccs 

GEN 

GEN 

2822 

2822 

00679123 07/27/2012 MILLER ATTORNEY AT LAW, IRA Z 

HOFFMAN, STANLEY GEN 3360 

00679124 07/27/2012 MINISOFT INC 

MINISOFT 12 MONTH SOFTWARE 

MINISOFT 12 MONTH SOFTWARE 

GEN 

GEN 

1240 

1240 

00679125 07/27/2012 NEWEBERRY, ALENA A 

INTERPRETER SERVICES FOR JIMMY GEN 3310 

00679126 07/27/2012 NUECES COUNTY FIRE CHIEF'S ASS 

Wildland Training from CWPP GEN 2729 

00679127 07/27/2012 PATON, VANCE D 

ABRIGO, MELISSA GEN 3110 

00679128 07/27/2012 PERRONE TRIGGER & ASSOCIATES P 

On site to finalizc books 

QuickBooks Consulting 

Prepare for trip to client 

Attend to October 1,2010 thru 

Charge 

Trip Charge 

On site to finalize books 

Charge 

00679129 07/27/2012 PFG - VICTORIA 

GEN 

GEN 

GEN 

GEN 

GEN 

GEN 

GEN 

GEN 

1917 

1917 

1917 

1917 

1917 

1917 

1917 

1917 

5303 

5303 

Medical, Dental, Hospital, Lab 

Medical, Dental, Hospital, Lab 

Check Total 

5342 Appointed Attny Fecs 

5257 

5257 


Check Total 

Mainframe Hardware Maint 

Mainframe Hardware Maint 

Check Total 

5343 Transcripts & Interpreters 

5317 Training Costs-in House 

5342 Appointed Attny Fees 

5311 

5311 

5311 

5311 

5311 

5311 

5311 

5311 

Check Total 

Check Total 

Check Total 

Computer Software Serv & Maint 




Computer Software Scrv & Maint 

Computer Softwarc Scrv & Maint 

Computer Software Scrv & Maint 


Check Total 

1,230.00 

998.24 

2,228.24 

400.00 

400.00 

1,400.00 

6,862.00 

8,262.00 

485.00 

485.00 

4,658.91 

4,658.91 

350.00 

350.00 

500.00 

75.00 

60.00 

700.00 

50.00 

50.00 

175.00 

50.00 

1,660.00






Pa2;e 18 

Check# Check Dt PaveeName Description DIV Dept Object Object Description Check Amount 

00679130 07/27/2012 PROPERTYINFO CORP 

00679131 07/27/2012 RANKLAWFlRM,PLLC 

00679132 07/27/2012 REGNOW 

00679133 07/27/2012 RELMCO INC, 

00679134 07/27/2012 ROBSTOWN AREA DEVELOPMENT 

00679135 07/27/2012 RODRIGUE, ADAM P 

00679136 07/27/2012 SALINAS, BECKY 0 

PFG PERFORMANCE FOOD GROUP GEN 4190 5221 Food & Edible Items 2,185.08 

PFG PERFORMANCE FOOD GROUP GEN 4190 5221 Food & Edible Items 2,304.58 


forOPR's, GEN 1315 5515 Contract Lease Pymts 8,258.15 

PENA, JOEL/SALINAS, ARNOLD GEN 3150 5342 Appointed Attny Fees 

Check Total 

PENA, JOEL/SALINAS, ARNOLD GEN 3150 5342 Appointed Attny Fees 124.00 

ZALESKI, ANNETTE GEN 3150 5342 Appointed Attny Fees 380.00 




SOFTWARE - Wfllter 150-User GEN 3480 5213 PC Software Program 1,226.95 


DRAINAGE IMPROVEMENTS ON GEN 1915 5312 General Contractor 17,119.00 

Check Tota) \9.00 

RADC - FY11112 GEN 1388 5478 Economic Development-General 7,500,00 

Check Tota) 7 2 500,00 

ROLAND, 0 GEN 3150 5342 Appointed Attny Fees 75.00 

ROBIN,Z GEN 3150 5342 Appointed Attny Fees 75.00 

P GEN 3150 5342 Appointed Attny Fees 75.00 

MIR,C GEN 3150 5344 Appt Attnys-Capita\ Trials 75.00 

MOLINA, LIONEL GEN 3310 5342 Appointed Attny Fees 350.00 

Check Tota) 650.00 

Mileage - Local GEN 3480 5541 Mileage Local 7.52 

Mileage Reimbursement GEN 3480 5541 Mileage - Local 113.51

User ID: Juanita Cabrera Nueces County Consolidated Check Register Current Time: 14:02:51 

Reoort Name: AP _ CCR_NUC 



Page 21 

Check# Check Dt Payee Name Description DIV Dept Object Obiect Description Check Amount 

00679152 07/27/2012 WISKO, MICHAEL WILLIAM 

00679153 07/27/2012 WOODY JR'S 

00679154 07/27/2012 WORK BOOT, THE 

00679155 07127/2012 WORTH HYDROCHEM OF C C 

00679156 07/27/2012 YOUR SIGN COMPANY, LLC 

00679157 07/27/2012 ACE RENTALS 

Westside Business Association GEN 1387 5478 Economic Development-General 1,500.00 


Reimburesment expense for GEN 1373 5314 Additional Professional Fees 225.00 


OIL CHANGE UNIT 1053530 GEN 3840 5249 Car Repairs, Supplies & Srvcs 45.00 


JOE L. SANCHEZ, ruLY '12 GEN 0120 5463 Wearing Apparel 90.00 

HILARIO GARCIA, ruLY '12 GEN 0120 5463 Wearing Apparel 90.00 

ERNEST TOVAR, ruLY'12 GEN 0120 5463 Wearing Apparel 89.95 

TOMAS LUCIO, JULY' 12 GEN 0120 5463 Wearing Apparel 90.00 

ALEJANDRO RONJE, ruLY '12 GEN 0120 5463 Wearing Apparel 90.00 

EDWARD YBARRA ruNE '12 SAFETY GEN 0120 5463 Wearing Apparel 89.95 

ARNOLDO HERRERA ruNE '12 GEN 0120 5463 Wearing Apparel 89.95 

RAUL BAUTISTA ruNE '12 SAFETY GEN 0120 5463 Wearing Apparel 89.95 

JOE ELIZALDE JUNE '12 SAFETY GEN 0120 5463 Wearing Apparel 90.00 

CARLOS TORRES JUNE '12 SAFETY GEN 0120 5463 Wearing Apparel 90.00 

FELIPE MEDRANO ruNE '12 SAFETY GEN 0120 5463 Wearing Apparel 90.00 

JESSE RAMOS JUNE 'AS SAFETY GEN 0120 5463 Wearing Apparel 90.00 

NOE JAQUEZ JUNE '12 SAFETY GEN 0120 5463 Wearing Apparel 89.95 


AS NEEDED(PROVIDE MONTHLY GEN 1460 5266 Contract Services-Buildings 340.00 

ANNUAL MAINTENANCE SERVICE FOR GEN 1740 5266 Contract Services-Buildings 285.00 


DOUBLE SIDED SUSPENDED SIGN; GEN 1400 5268 Parts, Supplies & Mise 125.00 

INSTALLATION (1 MAN/3 HRS) GEN 1400 5268 Parts, Supplies & Mise 135.00 

VINYL- TEXT: MOTOR VEHICLE GEN 1400 5268 Parts, Supplies & Mise 70.00 

Check Total 330.00



Reoort Name: AP _CCR_NUC 

Report Date: 07/2712012 


Page 22 

Check# CheckDt Pavee Name Descriotion 

DIV Dept Object ObiectDescriution Check Amount 

R131669 

00679158 07/27/2012 AMBIT ENERGY LP 

00679159 07/27/2012 C R PROPERTIES 

R131672 

R131665 

00679160 07/27/2012 CITY OF CORPUS CHRISTI 

R131672 

00679161 07/27/2012 CORPUS CHRISTI WILBERT LP 

R131675 

00679162 07/27/2012 CPL RETAIL ENERGY 

R131671 

00679163 07/27/2012 GATEWAY MOBILE HOME 

R131670 

00679164 07/27/2012 HE B GROCERY COMPANY 

R131663 

R131661 

00679165 07127/2012 REGIONAL TRANSPORTATION 

R131657 

00679166 07/27/2012 ROBSTOWN HOUSING AUTHORITY 

00679167 07/27/2012 WINDRUSH APTS 

R131674 

R131664 

WEL 

WEL 

WEL 

WEL 

WEL 

WEL 

WEL 

WEL 

WEL 

WEL 

WEL 

WEL 

4120 

4120 

4120 

4120 

4120 

4120 

4120 

4120 

4120 

4120 

4120 

4120 

5464 

Welfare Asssistance-Other 200.00 

5237 Utilities Welfare Assistance 

5464 Welfare Asssistance-Other 

Check Total 

Check Total 

Check Total 


Check Total 

5449 Pauper Burial Expense 

Check Total 


Check Total 


Check Total 

5221 

5221 

Food & Edible Items 

Food & Edible Items 

5459 Transportation ofPersons 

Check Tgtal 

Check Total 


Check Total 

50.00 

50.00 

150.00 

150.00 

50.00 

50.00 

309.00 

309.00 

50.00 

50.00 

200.00 

200.00 

279.52 

236.34 

515.86 

1,675.00 

12675.00 52.00 

52.00 

5464 Welfare Asssistance-Other 250.00

User ID: Juanita Cabrera Nueces County Consolidated Check Register 





Page 23 

Check# Check Dt Payee Name Descriotion DIV Dept Object Object Description Check Amount 




User ID: Rebecca Nueces County Consolidated Check Register 

Current Time: 11 :00:24 




Page 

00025758 07/2712012 DURAN, TOMAS 

Payee Name Description DIV Dept Object Object Description Check Amount 

Tomas Duran EE Btfs Consultant GEN 0103 5305 Administrat & Consultant Fees 

Check Total 

6,000.00 

EP Check Stock Total 6,000.00 


User ill: Susan D Nueces County Consolidated Cbe(:k Register Current Time: 14:30:40 

Report Name: AP _ CCR_NUC 

"I 

RepQxtDate: 07/2712012 


Page 4 

ChecM CheckDt Payee Name DescIiption DIV Dept Object Object Description Check Amount 

00679334 07127/2012 VALERO MARKETING & SUPPLY CO 

00679335 07/27/2012 VERIZON SELECT SERVICES INC 


Gasoline-Credit Card & Bulk GEN 0120 5241 Gasoline Purchases & IllY Adj 6,316.92 

Gasoline-Credit Card & Bulk GEN 0121 5241 Gasoline Purchases & Iny Adj 338.99 


Gasoline-Credit Card & Bulk GEN 0170 5241 Gasoline Purchases & Iny Adj 4,710.58 


Gasoline GEN 0402 7121 Gasoline 2,263.66 

Gasoline GEN 0412 7121 Gasoline 658.03 

Gasoline GEN 0440 7121 Gasoline 2,469.13 





Gasoline-Credit Card & Bulk GEN 1500 5241 Gasoline Purchases & hw Adj 688.83 













CheckIQtal 58,332.10 

07/13/-08/12112 GEN 0160 5231 Telephone Expense 64.23 

07/10-08/09/12 GEN 1240 5236 InterNet Fees 69.84 



07/13-08/12112 GEN 1510 5231 Telephone Expense 716.95

User ID: Rebecca Nueces County Consolidated Check Re2ister 

Report N arne: AP _ CCR _ NUC 




Paee 2 

Check# Check Dt Payee Name Description DIV Dept Object Object Description Check Amount 

00025767 08/03/2012 GAL V AN, DEEANNE SVOBODA 

00025768 08103/2012 GARCIA, AMADOR C 

00025769 08/03/2012 GARCIA, LUIS PRUNEDA 

00025770 08/03/2012 GLOBAL SPECTRUM DBA RB F AIRGRO 

00025771 08/03/2012 GONZALEZ, MARK 

00025772 08/03/2012 GONZALEZ, VINCENT 

00025773 08/03/2012 GRAHAM LEGAL SERVICES 


CAGLE,LEE GEN 3110 5342 Appointed Attny Fees 100.00 

CAGLE, LEE GEN 3110 5342 Appointed Attny Fees 100.00 

CAGLE, LEE GEN 3110 5342 Appointed Attny Fees 100.00 


WOLFE, TERRY GEN 3120 5342 Appointed Attny Fees 250.00 

MORICK, KENNETH GEN 3350 5342 Appointed Attny Fees 200.00 


SALINAS, VANESSA GEN 3120 5342 Appointed Attny Fees 250.00 

HERBERGER, DARYL GEN 3340 5342 Appointed Attny Fees 350.00 

GARZA,ERIC GEN 3350 5342 Appointed Attny Fees 450.00 

CURETON, ERIKA GEN 3350 5342 Appointed Attny Fees 500.00 

PERRY, STEVEN GEN 3370 5342 Appointed Attny Fees 400.00 

HERNANDEZ, JORGE GEN 3370 5342 Appointed Attny Fees 400.00 





OPERATING BUDGETED EXPENSES GEN 0141 4898 Advanced Oprtng Deposits 42,447.31 


HERNANDEZ, JOSE LUIS GEN 3120 5342 Appointed Attny Fees 100.00 


FARR, RITCHIE GEN 3130 5342 Appointed Attny Fees 350.00 

FAHRENBACH,ARTHUR GEN 3350 5342 Appointed Attny Fees 200.00 


COULTER,KATELYNN GEN 3150 5342 Appointed Attny Fees 75.00

User ID: Rebecca Nueces County Consolidated Check Re2ister 

RenortName: AP_CCR_NUC 

Check# CheckDt PaveeName DescdntiQn 

00025774 08/03/2012 GREENBERG, LISA 

HESTER, ARLIS 

MOSES LOZANO 

GRIMALDO, ELI 

RIVERA, TERI 

00025775 08/03/2012 GUTIERREZ, LUIS OCTAVIO 

00025776 08/0312012 HElL LAW FIRM 

SANCHEZ,AR11ANDO 

REYNA, MABELINE 

GREEN, ELIZABETH 

NAVARRO, JUAN 

AVILA,KRIS 

DAVILA, JAVIER 

00025777 08/03/2012 HElL, LAW OFFICE OF JACYR 

00025778 08/03/2012 HOELSCHER, KYLE 

00025779 08/03/2012 HOLSTEIN, RICK 

SALAS, SAMANTHA 

MONTEZ, ROBERTO 

MARTINEZ, ENRIQUE 

BESSETTE,ANTONIO 

BEY ONCE 

MATTHEWS, KlEONDRAE 

TOVAR, AARON 

SALINAS, DEVIN 

CORTEZ,RAY 

MENDOZA, MOTHER 


DIV 

GEN 

GEN 

GEN 

GEN 

GEN 

GEN 

GEN 

GEN 

GEN 

GEN 

GEN 

GEN 

GEN 

GEN 

GEN 

GEN 

GEN 

GEN 

GEN 

GEN 

Dept 

3150 

3150 

3150 

3130 

3150 

3150 

3150 

3110 

3150 

3340 

3110 

3120 

3120 

3150 

3150 

3150 

3150 

3150 

3130 

3150 

Object 

5342 

5342 

5342 

5342 

5342 

5342 

5342 

5342 

5342 

5342 

5342 

5342 

5342 

5342 

5342 

5342 

5342 

Obiect Descrintion 

Appointed Attny Fees 







Page 3 

Check Amount 

Check Total 

Check Total 

Check Total 

75.00 

75.00 

75.00 

250.00 

75.00 

75.00 

700.00 

850.00 

5342 Appointed Attny Fees 350.00 




Appointed Attny Fees 100.00 












Check Total 368.00

User ID: Rebecca 

ReoortName: AP_CCR_NUC 





Page 4 

Check# Check Dt PaYee Name Description DIY Dept Object Obiect Descriotion Check Amount 

00025780 08/03/2012 ILES PC, L CHRIS 

00025781 08/03/2012 DAVID 

00025782 08/03/2012 LAMERSON, JOHN M 

00025783 08/03/2012 LEE, LAW OFFICE OF ALLEN C 

00025784 08/03/2012 LERMA JR, RUBEN 

00025785 08/03/2012 LOPEZ, CELINA 

00025786 08/03/2012 LUEDICKE, CONSTANCE 

00025787 08/03/2012 PALACIOS, ANDREW 

MEDINA, GERALD GEN 3130 5342 Appointed Attny Fees 250.00 

GARZA, RICARDO GEN 3350 5342 Appointed Attny Fees 550.00 

GARZA, RICARDO GEN 3350 5342 Appointed Attny Fees 550.00 

Check Total 1 z350.00 

POLLARD, CRISTAL GEN 3130 5342 Appointed Attny Fees 250.00 


ROLAND, OLIVIA GEN 3150 5342 Appointed Attny Fees 75.00 

ROBIN, ZACHARY GEN 3150 5342 Appointed Attny Fees 75.00 

PEREZ, ROLANDO GEN 3150 5342 Appointed Attny Fees 75.00 

RODRIGUEZ, VRIANNA GEN 3150 5342 Appointed Attny Fees 75.00 

NARANJO, MARTIN GEN 3340 5342 Appointed Attny Fees 350.00 

Check Tutal 650.00 

VELA, STEPHANIE GEN 3340 5342 Appointed Attny Fees 300.00 

VELA, STEPHANIE GEN 3340 5342 Appointed Attny Fees 300.00 

ARRISOLA, MICHAEL GEN 3350 5342 Appointed Attny Fees 350.00 


BROWN, LEONARD GEN 3370 5342 Appointed Attny Fees 400.00 


SANCHEZ, FERMIN GEN 3130 5342 Appointed Attny Fees 250.00 

CONTRERAS, JERRY GEN 3130 5342 Appointed Attny Fees 250.00 


JOHN GEN 3120 5342 Appointed Attny Fees 250.00 


CLOUD, MICHAEL GEN 3120 5342 Appointed Attny Fees 250.00



Report Name: AP _ CCR_ NUC 



Page 7 

Cbeck# CbeckDt Payee Name Description DIY Dept Object Obiect Description Check Amount 

00025799 08/03/2012 TORRES, DEEANN 

00025800 08/03/2012 TREVINO, LAW OFFICE OF JERRY J 

00025801 08/03/2012 TREVINO, LAW OFFICE OF JANIE 

00025802 08/03/2012 VASQUEZ, GABRIEL 

00025803 08/03/2012 VILLARREAL-KUCHTA, MICHELE 

00025804 08/03/2012 WALLER, HAROLD CHRISTOPHER 

00025805 08/03/2012 YSASSI, CHRISTINE K 

00025806 08/03/2012 ZAPATA, RICHARD D 

00679212 08/03/2012 A&R SEPTIC TANK SERVICE 

WHITE, VIRGINIA GEN 3120 5342 Appointed Attny Fees 250.00 


BARRIENTOZ, NORA GEN 3340 5342 Appointed Attny Fees 400.00 

CORRAL,CErnUSTOPHER GEN 3340 5342 Appointed Attny Fees 400.00 

Cbeck Total 800.00 

FALCON, JUSTIN GEN 3130 5342 Appointed Attny Fees 250.00 


CONWAY, ROBERT GEN 3350 5342 Appointed Attny Fees 350.00 


LANINGHAM, LARRY DEAN GEN 3350 5342 Appointed Attny Fees 1,500.00 


SALDANA, CHILDREN GEN 3150 5342 Appointed AHny Fees 250.00 

CHAPA, OSCAR GEN 3350 5342 Appointed Attny Fees 100.00 


HERNANDEZ, VERONICA GEN 3120 5342 Appointed Attny Fees 250.00 


QUIROGA, BRIDGET GEN 3120 5342 Appointed Attny Fees 250.00 

CHAP A, AMBER GEN 3370 5342 Appointed Attny Fees 400.00 

CHAPA, AMBER GEN 3370 5342 Appointed Attny Fees 350.00 

CHAPA, AMBER GEN 3370 5342 Appointed Attny Fees 175.00 


EP Check Stock Total 73 l 217.31


ReDortName: AP_CCR_NUC 




Pal:e 8 

Check# CheckDt PaYee Nanle Description IllY Dept Object Obiect DescriDtion Check Amount 

00679213 08/03/2012 A-I BONDING CO 

00679214 08/03/2012 ABSOLUTE WASTE 

00679215 08/03/2012 ADKINS, ALISSA A 

00679217 08/03/2012 ADMIRAL LINEN & UNIFORM SVC 

DISPOSAL FEE, PLEASE FAX PO TO GEN 0170 5455 Services - Other 140.00 

SEPTIC TANK CLEANING AT GEN 0170 5455 Services - Other 275.00 


Bail Bond Fee GEN 3720 2742 Bail Bond Fee 45.00 


ROBSTOWN COMMUNITY CENTER GEN 1760 5239 Tipping & Dump Fees 150.10 

ACCT. # 2153-008 BISHOP GEN 1770 5239 Tipping & Dump Fees 73.50 

223.60 

court of appeals filing for GEN 1130 5307 County Legal (Other) 10.00 


LINEN SERVICE. PLEASE FAX TO GEN 0170 5445 Linens, Towels,etc 3.80 

LINEN SERVICE. PLEASE FAX TO GEN 0170 5445 Linens,Towels,etc 3.80 

LINEN SERVICE. PLEASE FAX TO GEN 0170 5445 Linens, Towels,etc 3.80 


LINEN SERVICE. PLEASE FAX TO GEN 0170 5445 Linens, Towels ,etc 3.80 



STANDING PO FOR FY 11-12 GEN 0170 5463 Wearing Apparel 31.13 



STANDING PO FORFY 11-12 GEN 0170 5463 Wearing Apparel 31.13 




Mats-Mops-Scrapers-Uniforma GEN 1590 5463 Wearing Apparel 50.90 




Mats-Mops-Scrapers-U niforma GEN 1590 5463 Wearing Apparel 50.90



RenortName: AP_CCR_NUC 



PaKe 11 

Check# CheckDt Payee Name Description DlV Dept Object Obie!=j Des!=riution Check Amount 

00679227 08/03/2012 BAIL BUSTERS BAIL BONDS 

00679228 08/03/2012 BAKER&TAYLORINC 

00679229 08/03/2012 BARNES & NOBLE 

00679230 08/03/2012 BETTY BAIL BONDS 

00679231 08/03/2012 BONILLA, CLAY 

00679232 08/03/2012 BRANCE-KRACHY CO INC 

00679233 08/03/2012 BURKETT, NATHAN 

00679234 08/03/2012 CALDWELL COUNTRY CHEVROLET 

00679235 08/03/2012 CARAHSOFT TECHNOLOGY 





standing order for books and GEN 6310 5424 Books & Subscrptions Inventory 31.31 






Standing Order for printed and GEN 6310 5424 Books & Subscrptions Inventory 302.82 


Bail Bond Fec GEN 3720 2742 Bail Bond Fee 15.00 



Ch!::!.:k Total 30.00 

OTC-3825J PEGISYS GEN 0120 5680 Fixed Assets less than $1000 3,975.86 


KELLEY, DANIEL GEN 3120 5342 Appointed Attny Fees 250.00 


FOR FUNDING PURPOSES ONLY GEN 1317 5661 Motor Vehicles 16,744.00 

2012 CHEVROLET 3500 EXPRESS GEN 1321 5661 Motor Vehicles 10,000.00 

Check Total 26 1 744.00

Nueces County Consolidated Check Re&:ister 


Report Name: AP _ CCR_ NUC 


0712612012 

Page 13 

Check# CheckDt PaYee Name Descdntion DIV llim Object Object Descrintioll Check Amount 

00679246 08/03/2012 EASTWOOD LAW FIRM, SANDRA 

00679247 08/0312012 ERAZO, GABRIEL E. 

00679248 08/03/2012 ETHERTON, PATRICK 

00679249 08/03/2012 EVERETT,BRYAN 

00679250 08/03/2012 FACILITY SOLUTIONS GROUP, INC. 

00679251 08/03/2012 FEDERAL EXPRESS CORP 

00679252 08/03/2012 FISHER PHD, ALAN 

00679253 08/03/2012 FISHER SCIENTIFIC CO LLC 

00679254 08/03/2012 FITZGERALD, MARK 

DisCorp one-year Maintenance GEN 3720 5266 Contract Services-Buildings 2,204.15 


MOLINA, CHILDREN GEN 3150 5342 Appointed Attny Fees 35.00 

SEGOVIAIPINA, MOTIIER GEN 3150 5342 Appointed Attny Fees 35.00 


on call death investigator for GEN 3890 5347 Investigators - ME & DA 1,200.00 



ARNETTE, MICHAEL GEN 3350 5342 Appointed Attny Fees 350.00 


Overpayment GEN 3630 2354 Refunds Payable-Admin 114.00 

Check Total 

REPLACE 16 LAMPS WITHNEW LAMPS GEN 0170 5265 Mechanical System Repairs 2,690.88 


STANDING P.O. FY11112 FEDERAL GEN 3720 5217 Postage & Fed 46.31 

Check Total 

STANDING PO FOR GEN 3700 5306 Empl Evals/MedlEAP 150.00 

STANDING PO FOR GEN 3700 5306 Empl EvalslMedlEAP 150.00 

STANDING PO FOR GEN 3700 5306 Emp1 EvalslMedlEAP 150.00 


item#2123628, DNA Away 250m1 GEN 3890 5427 Clinical & Hygienic Supplies 89.46 


MANCILLAS, MOTHER GEN 3150 5342 Appointed Attny Fees 160.00



ReoortName: AP_CCR_NUC 

Reoort Date: 08/03/2012 


Page 14 

Check# Check Dt Pane Name Descriotion DIV Dept Object Obiect Descriotion Check Amount 

00679255 08/03/2012 FLORES, LAW OFFICE OF RENE C 

00679256 08/03/2012 GARZA, EDWARD F 

00679257 08/03/2012 GEORGE, MICHAEL D 

00679258 08/03/2012 GERALD A. ROGEN 

00679259 08/03/2012 GLOBAL DOSIMETRY SOLUTIONS INC 

00679260 08/03/2012 GONZALES, DAVID A 

00679261 08/03/2012 GONZALEZ, HECTOR R 

00679262 08/03/2012 GONZALEZ, WAN P 

00679263 08/03/2012 GONZALEZ, RAY A 

00679264 08/0312012 GRA YBAR ELECTRIC CO INC 


MORALES, ANTONIIO CANO GEN 3110 5342 Appointed Attny Fees 200.00 


TICHEY, DORAN GEN 3120 5342 Appointed Attny Fees 100.00 


OYOLA, BOSTON GEN 3150 5342 Appointed Attny Fees 220.00 



Check Total 

pre-billed 12 months badge GEN 3890 5211 Office Expenses & Supplies 1,140.26 


Overpayment GEN 3600 2354 Refunds Payable-Admin 8.90 


MOODY, THOMAS GEN 3120 5342 Appointed Attny Fees 75.00 


GONZALEZ, ANSELMO GEN 3120 5342 Appointed Attny Fees 100.00 


CANAS, ABELARDO GEN 3150 5342 Appointed Attny Fees 225.00 

RAMIREZ, DESIRAEIRESPONDENT GEN 3150 5342 Appointed Attny Fees 500.00 


INVOICE 960673461. PLEASE FAX GEN 0170 5265 Mechanical System Repairs 544.00


User ID: Rebecca Current Time: 10:03 :04 




Paee 15 


00679265 08/03/2012 GULF COAST LASER RENU LLC 

00679266 08/0312012 HELLER, CATHERINE A 

00679267 08/03/2012 INTERNATIONAL CONSULTING ENGIN 

00679268 08/03/2012 JAMES PUBLISHING INC 

00679269 08/03/2012 JERRY LEE BATEK 

00679270 08/03/2012 JIMENEZ, FRED 

00679271 08/03/2012 JONES MCCLURE PUBLISHING CO 

00679272 08/03/2012 LONE STAR UNIFORMS 

00679273 08/03/2012 MARTIN ASPHALT COMPANY 


Annual maintenance service on GEN 1250 5251 Office Equip Maint & Repairs 375.00 


reimbursement postage Canas GEN 1130 5217 Postage & Fed Express 21.20 


ADMINISTRATIVE SUPPORT GEN 0170 5310 Engineers, Surveyors, etc. 70.00 

DRAFTING AND IMPROVEMENTS GEN 0170 5310 Engineers, Surveyors, etc. 1,440.00 

PERMIT RESEARCH AND GEN 0170 5310 Engineers, Surveyors, etc. 540.00 

ENGINEERING AND DESIGN OF NEW GEN 0170 5310 Engineers, Surveyors, etc. 720.00 

SITE VISIT AND FIELD SURVEY GEN 0170 5310 Engineers, Surveyors, etc. 270.00 


revision for slip and fall GEN 1130 5218 Books, Magzs & Subscriptions 77.94 




MARTINEZ, JENNIFER GEN 3130 5342 Appointed Attny Fees 125.00 

MARTINEZ, JENNIFER GEN 3130 5342 Appointed Attny Fees 100.00 

DIAZ, JOSE GEN 3330 5342 Appointed Attny Fees 400.00 


O'Connor's Texas Civil Fonns GEN 1130 5218 Books, Magzs & Subscriptions 117.00 


BLAUER 8910 80% POLT/35% RAYON GEN 3850 5463 Wearing Apparel 92.00 

Check Total 92.00

Nueces Counn: Consolidated Check Register 

User ID: Rebecca Current Time: 10:03 :04 

Report N:aIDe: AP _CCR_NUC 



Page 18 

Check# CheckDt PaveeName Description DIV Dept Object Object Description Check Amount 

00679290 08/03/2012 SAFEGUARD SYSTEM INC, THE 

00679291 08/03/2012 SCHIWETZ, STEVE H 

00679292 08/03/2012 SCOTT, ALANA KAY 

00679293 08/03/2012 SHAMSIE, LAW OFFICE OF TERRY 

00679294 08/03/2012 SILVA, CLARISSA 

00679295 08/03/2012 SOUTH TEXAS RESTAURANT EQUIPME 

00679296 08/03/2012 STEPHENSON, PHYLLIS P 

00679297 08/03/2012 SUSSER PETROLEUM COMPANY 


Invoice #419209 - 06/28/12: GEN 3490 5258 Radios & Camera Maint & Repair 479.00 

Invoice #419208 - 06/26/12: GEN 3492 5258 Radios & Camera Maint & Repair 86.50 


ATWOOD, JOSHUA GEN 3340 5344 Appt Attnys-Capital Trials 735.00 

POPE,JAMES GEN 3350 5342 Appointed Attny Fees 450.00 

POPE,JAMES GEN 3350 5342 Appointed Attny Fees 350.00 

Check Total 1:535.00 

HCf Vinegar White GEN 0180 5268 Parts, Supplies & Misc 11.12 


MORRISEY, CODY GEN 3120 5342 Appointed Attny Fees 250.00 


COLLINS, CHILDREN GEN 3150 5342 Appointed Attny Fees 102.00 


LABOR FEE GEN 0170 5265 Mechanical System Repairs 93.75 

REPAIR ICE MACHINE AT 83 YARD, GEN 0170 5265 Mechanical System Repairs 6.99 

ROUND TRIP TRAVEL AND FUEL, GEN 0170 5265 Mechanical System Repairs 70.00 

TROUBLESHOOT AND REP AIR #3 GEN 3720 5254 Small Equip Repairs 181.24 


RODRIGUEZ, CHILD GEN 3150 5342 Appointed Attny Fees 180.00 

RODRIGUEZ, CHILD GEN 3150 5342 Appointed Attny Fees 225.00 

PERDUE, CHILDREN GEN 3150 5342 Appointed Attny Fees 600.00 

Check Total 1)005.00 

ON/OFF ROAD DIESEL BOL GEN 0120 5241 Gasoline Purchases & Inv Adj 18,168.33


Current Time: 10:03 :04 




20 


00679306 08/03/2012 WEST, JERRY 

00679307 08/03/2012 GARRIES C. 

RENEWAL AND CDL PERMIT GEN 3720 5314 Additional Professional Fees 45.00 

61.40 


GUERRERO, mAN GEN 3150 5342 Appointed Attny Fees 75.00 

Check Total ___....:..::;= 

.. LA Check Stock Total 175,926.82 


Commissioners Court - Regular 3. C. 


Boon Chapman 





Information 

Authorize payment of bills - group health insurance claims and fees, check register: July 16, 2012 to July 20, 2012. 

BACKGROUND 

DISCUSSION 

Boon Chapman 

Attachments

Nueces County 

Boon-Chapman Check Register 

For Period of July 16, 2012 to July 20, 2012 

Check Date Check # Payee Name Description CheckAmt 

07/16/12 27932 South Tx Institute of Cancer & Blood 125.36 

07/16/12 27933 Jiaxin Niu MD PA 87.58 

07/16/12 27934 Joseph P Puente M D 85.68 

07/16/12 27935 Orthopaedic Surgery & Sports Medicine 60.00 

07/16/12 27936 Hartman M D, Samuel 60.00 

07/16/12 27937 Colon & Rectal Assoc of STX 32.90 

07/16/12 27938 Danieala Badea-Mic M D,P A 43.28 

07/16/12 27939 TLC Medical Center LLC 60.00 

07/16/12 27940 Ann Carver P T 158.03 

07/16/12 27941 So TX Retina Consultants L L P 149.45 

07/16/12 27942 Alvaro J Ramos M D 13.74 

07/16/12 27943 Radiology & Imaging of S Texas L L P 766.25 

07/16/12 27944 Corpus Christi Family Medicine Ctr, P A 60.00 

07/16/12 27945 Cardiology Associates of Corpus Christi 11.81 

07/16/12 27946 Suncity Hospitalist Group P L L C 1,459.02 

07/16/12 27947 William Dennis M D 60.00 

07/16/12 27948 Bay Area Kidney Disease Phy 167.36 

07/16/12 27949 Comp Care Medical Center 70.80 

07/16/12 27950 Cohn M D, Jacqueline 43.90 

07/16/12 27951 Radiology Associates L L P 90.61 

07/16/12 27952 Abimael Perez M D 120.00 

07/16/12 27953 Radiology Associates, L L P 865.81 


07/16/12 27955 Bowen DO, Ronald W 22.12 

07/16/12 27956 Thomas-Spann Clinic P A 87.58 

07/16/12 27957 South Padre Island Pediatric Center 47.50 

07/16/12 27958 Eye Institute of Corpus Christi 398.43 

07/16/12 27959 Antonio Guzman MD PA 256.92 

07/16/12 27960 ABC Pediatrics P A 43.00 

07/16/12 27961 Coastal Bend Womens Center 152.57 

07/16/12 27962 ABC Pediatrics 46.07 

07/16/12 27963 Memorial - Christus Spohn Hosp 7,252.75 

07/16/12 27964 Ear, Nose &Throat Associates 119.25 

07/16/12 27965 Coastal Childrens Clinic 87.58 

07/16/12 27966 Dugan Eye Institute 83.50 

07/16/12 27967 Radiology & Imaging of S Texas 1,790.72 

07/16/12 27968 Cardiology Associates of Corpus Christi 1,010.20 

07/16/12 27969 Schulze and Schulze 411.99 

07/16/12 27970 Orthopaedic Assoc of C C 20.79 


07/16/12 27972 Osvaldo A Brusco MD PA 86.69 

07/16/12 27973 Coastal Bend Cancer Center 87.58 

07/16/12 27974 Boriack M D, Leroy A 52.00 

07/16/12 27975 Thomas Spann Clinic P A 8.81 

07/16/12 27976 Stephen Ware M D 43.90 

07/16/12 27977 Francisco A Acebo MD PLLC 60.00 

07/16/12 27978 Blanca Gray M D 87.58 

07/16/12 27979 Corpus Christi Medical Associates 87.58 

07/16/12 27980 Longevity and Well ness Cntr of STX 175.07

Nueces County 




07/16/12 27981 Children's Physician Services of s Texas 50.91 

07/16/12 27982 Coastal Childrens Clinic P A 60.00 

07/16/12 27983 Jesse G Garcia MD 235.16 

07/16/12 27984 Corpus Christi Family Medicine Ctr 87.58 

07/16/12 27985 Radiology Assoc., LLP 500.79 

07/16/12 27986 Corpus Christi Neurology 48.40 

07/16/12 27987 o B G Y N Associates of Corpus Chr 89.40 

07/16/12 27988 South Texas Medical Associates 55.07 

07/16/12 27989 South Padre Island Pediatric Center 87.58 

07/16/12 27990 The Heart Clinic Of CC 80.96 

07/16/12 27991 C C Doctors Center South 108.21 

07/16/12 27992 Bay Area Sleep Evaluation Center 550.22 


07/16/12 27994 Cole-Perez M D, Mary Cathleen 182.00 

07/16/12 27995 Radiology & Imaging of So Tx 178.74 

07/16/12 27996 Wymer Physical Therapy 213.42 

07/16/12 27997 Driscoll Physican Services 189.23 

07/16/12 27998 Sparkling Sea Emergency Physicians 565.18 

07/16/12 27999 Radiology and Imaging of S T 11.93 

07/16/12 28000 Neurology P A 60.00 

07/16/12 28001 Citizens Medical Center 25,714.73 


07/16/12 28003 Corpus Christi Womens Care Center 3.37 

07/16/12 28004 Rene R Acuna DO 60.00 

07/16/12 28005 Catalina Avila 105.32 

07/16/12 28006 Thomas-Spann Clinic PA 87.58 

07/16/12 28007 Tom W Dorrell Jr MD PA 87.58 

07/16/12 28008 Memorial- Sparkling Sea Emergency 488.61 

07/16/12 28009 Gulf Shore Snesthesia Associates 534.60 

07/16/12 28010 Christus Medical Group 126.78 

07/16/12 28011 Orthopaedic Surgery & Sports Medicine 107.09 

07/16/12 28012 Southside Womens Center 273.95 

07/16/12 28013 Pathology Associates of Corpus Christi 36.05 

07/16/12 28014 Cardiology Assoc of C C 168.54 

07/16/12 28015 Robert A Fernandez M D 60.00 

07/16/12 28016 Robert Cone M D 22.12 

07/16/12 28017 Luis Armstrong M D 87.58 

07/16/12 28018 Ibanez Internal Medicine 60.00 

07/16/12 28019 Quest Diagnostic 2,172.02 

07/16/12 28020 Roger M Sifuentes M D, P A 70.00 

07/16/12 28021 Coastal Bend Retina P A 114.26 

07/16/12 28022 Surgical Associates 86.69 

07/16/12 28023 Acebo M D, Raymond B 391.82 

07/16/12 28024 Jacob J Moore MD PA 235.93 

07/16/12 28025 Radiology & Imaging Of South Texas L L P 834.68 

07/16/12 28026 Ambulatory Adult Neurology P A 19.83 

07/16/12 28027 Luis A Mackrizz MD 229.24 

07/16/12 28028 Jackson C Chen M D 142.50 

07/16/12 28029 Kidney Specialists of South Texas 54.35 

2

Nueces County 




07/16/12 28030 Kidney Specialists of South Texas 54.35 

07/16/12 28031 Cardiology Associates of Corpus Christi 87.58 

07/16/12 28032 Inmon Respiratory Services Inc. 62.79 


07/16/12 28034 South-Christus Spohn Hospital 1,467.88 

07/16/12 28035 Woodlands Endoscopy Center 787.50 

07/18/12 28036 Austin Travis County EMS 834.21 

07/18/12 28037 St Davids South Austin Medical Center 4,680.00 

07/19/12 28038 South Tx Institute of Cancer & Blood 2,036.82 

07/19/12 28039 Retina Physicians of Corpus Christi P A 288.68 

07/19/12 28040 Hunsaker M D, Jerry D 101.07 

07/19/12 28041 Dan Adams L P C 76.83 

07/19/12 28042 Abimael Perez M D 130.00 

07/19/12 28043 Jackson C Chen M D 87.58 


07/19/12 28045 Quest Diagnostic 674.67 

07/19/12 28046 C C Allergy & Asthma Center 300.78 


07/19/12 28048 Lab Corp of America Holdings 131.18 


07/19/12 28050 Dugan Eye Institute 106.00 

07/19/12 28051 Endoscopy Center 594.00 

07/19/12 28052 Robert A Fernandez M D 60.00 

07/19/12 28053 Wayne A Fagan M D 242.64 

07/19/12 28054 Memorial-Christus Spohn Hospital 1,467.50 

07/19/12 28055 Gulf Shore Anesthesia Associates P A 772.20 

07/19/12 28056 Pathology Associates of Corpus Christi 135.32 

07/19/12 28057 Ear Nose And Throat Associates 875.89 



07/19/12 28060 Memorial- Sparkling Sea Emergency 146.10 

07/19/12 28061 The Doctors Center 86.69 

07/19/12 28062 Northside Family Medicine 60.00 

07/19/12 28063 Coastal Cardiology Association 199.40 


07/19/12 28065 Quest Diagnostics 64.58 



07/19/12 28068 Driscoll Childrens Hospital 64.04 

07/19/12 28069 Corpus Christi Urology Group L L P 1,110.16 

07/19/12 28070 Juan F Caceres M D 22.12 

07/19/12 28071 Script Care Ltd 10.15 

07/19/12 28072 Memorial - Christus Spohn Hosp 4,413.88 

07/19/12 28073 Inmon Respiratory Services Inc. 48.11 

07/20/12 28074 Hunsaker M D, Jerry D 163.81 

07/20/12 28075 Bay Area Anesthesia Assoc I 542.70 

07/20/12 28076 South Tx Institute of Cancer & Blood 731.82 

07/20/12 28077 Espina M D, Eisen J 60.00 

07/20/12 28078 Ear Nose and Throat Associates 182.24 

3

Nueces County 



Check Date # Payee Name Description CheckAmt 

07/20/12 28079 Bayside Medical Center 60.00 

07/20/12 28080 Coastal Bend Retina P A 62.74 

07/20/12 28081 Corpus Christi PrimCare Assoc P L L C 329.94 


07/20/12 28083 Sparkling Sea Emergency Phy Shorline 499.46 

07/20/12 28084 Bay Area Kidney Disease Phy 68.99 


07/20/12 28086 DBA Christus Medical Group 22.12 

07/20/12 28087 Upmanyu Associates 60.00 


07/20/12 28089 The Doctors Center 285.08 

07/20/12 28090 Quest Diagnostic 566.00 

07/20/12 28091 Corpus Christi Cancer Center 101.92 

07/20/12 28092 Affiliates in Digestive & Liver Dis 432.93 

07/20/12 28093 Memorial-Christus Spohn Hospital 6,120.64 

07/20/12 28094 Abdominal Specialists of S Texas 376.01 



07/20/12 28097 Ann M Aleman-Weinmann M D P A 120.00 



07/20/12 28100 Bruce L Russell 86.69 

07/20/12 28101 J J Carr M D P A 73.60 



07/20/12 28104 Jesse G Garcia MD 60.00 

07/20/12 28105 Radiology & Imaging of S Texas 125.46 

07/20/12 28106 Northside Family Medicine 60.00 

07/20/12 28107 DME Depot 170.89 



07/20/12 28110 Victoria Radiology Associates 51.49 

07/20/12 28111 ABC Pediatrics 76.57 


07/20/12 28113 Eye Assoc Of Corpus Christi P 167.00 


07/20/12 28115 Covarrubias M D, Baldemar 86.69 


07/20/12 28117 C C Allergy & Asthma Center 22.12 



07/20/12 28120 Michael Karagas M D 63.20 

07/20/12 28121 Cohn M D, Jacqueline 43.90 

07/20/12 28122 J.J Carr, MD,PA. 73.60 

07/20/12 28123 Radiology Assoc., LLP 348.25 

07/20/12 28124 Corpus Christi Urology Group 151.23 

07/20/12 28125 Luis A Mackrizz MD 87.58 

07/20/12 28126 Corpus Christi Neurology 48.40 

92,320.18 

4

Commissioners Court - Regular 3. D. 


Special Motions 





Information 

Authorize payment of bills - special motions list dated August 8, 2012. 

BACKGROUND 

DISCUSSION 

Special Motions List 

Special Motions BackUp 

Attachments

Special Motions 

Commissioners Court on August 8, 2012 

Nueces County, Texas 

1. $20,273.82 to Elite General Contractors, LLC for construction services related to Calderon 

Building Justice ofthe Peach Office Renovation project. 

1901-53121190126-5312 $20,273.82 FINAL PAYMENT 

2. $26,370.33 to Malek, Inc. for professional maintenance services related to the Calderon 

Building Mechanical Upgrades project. 

1915-5312119153401-5312 $26,370.33 

3. $97,079.15 Payment No. 14 to Weathertrol, Inc. for construction services related to the 

McKinzie Jail Annex HV AC Rehabilitation project. 

1917-5312/19174001-5312 $97,079.15 

4. $68,305.97 to Tyler Technologies, Inc. for project management, configuration, data 

conversion and consulting services related to the Justice ofthe Peace Management System. 

1917-5443119178001-5443 $68,305.97 May 2012 

5. $337.95 to Denton Navarro, Rocha & Bernal for professional legal services related to the 

Nueces County Civil Service Rules Update. 

1285-5301 $337.95 

6. $26,645.00 to Beirne, Maynard & Parsons, L.L.P. for professional services related to 

"Redistricting Plan for Nueces County" 

1285-5305 $26,645.00 FINAL PAYMENT 

7. $1,000.00 to Gulf Coast Council ofLa Raza, Inc. for programs designed to provide 

services to and support oftroubled or "at risk" children 

0137-5479 $1,000.00 Outside Agency 

8. $1,000.00 to Refuge ofHope for programs to provide services to and support ofchildren in 

need ofprotection and care in Nueces County. 

1387-5479 $1,000.00 Outside Agency 

*Early release ofcheck to Refuge ofHope approved by the County Judge for July 25, 2011

.. 

CONTINUATION SHEET AlA DOCUMENT G703 PAGE OF PAGIi'S 

AlA Document G702, APPLICATION AND CERTIFICA TlON FOR PAYMENT, containing APPUCATION NO: Six 

Contractor's signed certification is attached. APPUCATIONDATE: .May 11. 2012 

In tabulations below, amounts are stated to the nearest dollar. PERIOD TO: . May 11. 2012 

Use Column I on Contracts where variable retainage for line items may apply. ARCHITECTS PROJECT NO: IFB No. 2881-11 

CALDERON BUILDING JP OFFICE RENOVATIONS 

VALUE 

$6,828.00 $6,828.00 $6,828.00 100.00% $341.40 

$4,656.00 $4,656.00 $4,656.00 100.00% $232.80 

3 Demolition Interior $15,500.00 $15,500.00 $15,500.00 100.00% $775.00 

4 Metal frame $13,700.00 $13,000.00 $700.00 $13,700.00 100.00% $685.00 

5 Electrical Rough $16,000.00 $15,200.00 $800.00 

$16,000.00 100.00% $800.00 

6 HVACRough $12,000.00 $11,500.00 $500.00 $12,000.00 100.00% $600.00 

7 Plumbing Rough $6,000.00 $5,000.00 $1,000.00 $6,000.00 100.00% $300.00 

8 Phone & Data Rough $12,000.00 $12,000.00 $12,000.00 100.00% $600.00 

9 Windows, Glass & Glazing $14,700.00 $14,700.00 $14,700.00 100.00% $735.00 

10 Inside Doors & Hollow Metal Frames $8,000.00 $8,000.00 $8,000.00 100.00% $400.00 

II Gypsum Drywall, Tape, Float & Texture $6,516.00 $5,516.00 $1,000.00 

$6,516.00 100.00% $325.80 

12 Insulation $800.00 $500.00 $300.00 

$800.00 100.00% $40.00 

13 Fire Alarm $8,500.00 $8,500.00 $8,500.00 100.00% 

$425.00 

14 Ceilings $3,400.00 $2,500.00 $900.00 

$3,400.00 100.00% $170.00 

15 Millwork Cabinets $13,500.00 $12,500.00 $1,000.00 $13,500.00 100.00% $675.00 

16 Painting $13,000.00 $11,500.00 $1,500.00 $13,000.00 100.00% $650.00 

17 Electrical Trim out $7,600.00 $7,000.00 $600.00 $7,600.00 100.00% $380.00 

18 HV AC Trim out $3,700.00 $3,500.00 $200.00 $3,700.00 100.00% $185.00 

19 Plumbing Trim out $4,400.00 $3,900.00 $500.00 $4,400.00 100.00% $220.00 

20 Phone & Data Trim out $4,500.00 $4,500.00 $4,500.00 100.00% $225.00 

21 IFinish Flooring & VCT $8,900.00 $7,900.00 $1,000.00 

$8,900.00 100.00% $445.00 

22 Wall Ceramic Tile $2,600.00 $2,600.00 $2,600.00 100.00% $130.00 

23 ISite Cleaning $8,000.00 $7,500.00 $500.00 $8,000.00 100.00% $400.00 

24 Change Order #1 Electrical Work $5,876.50 $5,876.50 $5,876.50 100.00% $293.83 

25 IChange Order #2 Revised floor plan JP Court Room 

26 

27 

28 

29 

30 

$5,300.00 $5,300.00 $5,300.00 100.00% $265.00 

31 

I $205,976.50 I $195,476.50 I $10,500.00 I $0.00 I $205,976.50 1 lOo.oO%1 $0.001 $lO,298.83 

AlA DOCUMF;NTG703 . CONTINUATION SHEET FOR G1Il2 • 1992 EDITION . AlA ·01992 

THe AMERICAN INSTITUTE OF ARCHITIECTS. 1735 N5WVORKAVENUE. N.W. WASHINGTON. D.C. 20006-5232 

G703·1992

.. .. 

SureTec Insurance Company 

THIS BOND RIDER CONTAINS IMPORTANT COVERAGE INFORMATION 

Statutory Complaint Notice 

To obtain information or make a complaint: You may call the Surety's toll free telephone number for information or 

to make a complaint at: 1-866-732-0099. You may also write to the Surety at: 

SureTec Insurance Company 

9737 Great Hills Trail, Suite 320 

Austin, Tx 78759 

You may contact the Texas Department of Insurance to obtain information on companies, coverage, rights or 

complaints at 1-800-252-3439. You may write the Texas Department of Insurance at 

PO Box 149104 

Austin, TX 78714-9104 

Fax#: 512-475-1771 

PREMIUM OR CLAIM DISPUTES: Should you have a dispute concerning your premium or about a claim, you 

should contact the Surety first. If the dispute is not resolved, you may contact the Texas Department of Insurance. 

Terrorism Risks Exclusion 

The Bond to which this Rider is attached does not provide coverage for, and the surety shall not be liable for, 

losses caused by acts of terrorism, riot, civil insurrection, or acts of war. 

Exclusion of Liability for 

Mold, Mycotoxins, Fungi & Environmental Hazards 

The Bond to which this Rider is attached does not provide coverage for, and the surety thereon shall not be liable 

for, molds, living or dead fungi, bacteria, allergens, histamines, spores, hyphae, or mycotoxins, or their related 

products or parts, nor for any environmental hazards, bio-hazards, hazardous materials, environmental spills, 

contamination, or cleanup, nor the remediation thereof, nor the consequences to persons, property, or the 

performance of the bonded obligations, of the occurrence, eXistence, or appearance thereof. 

Re'l1.1.06

ESTIMATE FOR PARTIAL PAYMENT 

Project Title: McKinzie Jail Annex HVAC Rehabilitation 

Owner: Nueces County 

Contractor: Weathertrol, Inc. 

Estimate No.: 14 For the Pay Period: 07/05/12 

Date of Contract Award: 03/03/10 Notice to Proceed: 04/12110 

Original Contract Amount: $1,099,000.00 Original Contract Days: 185 

Total Change Order Amount: $ 50,521.96 Change in Contract Days: 120 

Less Contingency: Adjusted Contract Days: 305 

Adjusted Contract Amount: $ 1,149,521.96 

Item No. and Description 

ORIGINAL CONTRACT WORK/SCHEDULE OF VALUES 

Bid Qty 

& Units 

Qty 

Complete 

Contract 

Price Amount 

1 Mobilization, Bonds, Etc. LS 100.00% $44,000.00 $44,000.00 

2 Contingency Allowance LS 100.00% $30,000.00 $30,000.00 

3 Structauranl Allowance LS 100.00% $18,000.00 $18,000.00 

4 Demolition LS 100.00% $10,000.00 $10,000.00 

5 Air Handling Units LS 100.00% $160,000.00 $160,000.00 

6 Fans LS 100.00% $100,000.00 . $100,000.00 

7 Chemicql Treatment lS 100.00% $2;500.00 $2,500.00 

8 Insualtion LS 100.00% $47,000.00 $47,000.00 

9 Start-Up Test & Balance LS 100.00% $20,000.00 $20,000.00 

10 Controls LS 100.00% $130,000.00 $130,000.00 

11 Ductwork LS 100.00% $130,000.00 $130,000.00 

12 Piping lS 100.00% $68,500.00 $68,500.00 

13 Electrical LS 100.00% $160,000.00 $160,000.00 

14 Alternate No. 1 LS 100.00% $126,000.00 $126,000.00 

15 Alternate No.2 LS 100.00% $53,000.00 $53,000.00 

16 Change Order No.1 LS 100.00% $14,854.00 $14,854.00 

17 Change Order No.2 lS 100.00% $2,787.00 $2,787.00 

18 Change Order No. 3 LS 100.00% $3,714.54 $3,714.54 

19 Change Order No. 5 LS 100.00% $9,838.00 $9,838.00 

Change Order NO.6 LS 100.00% $11,888.08 $11,888.08 

Change Order No. 7 LS 100.00% $7,440.34 $7,440.34 

ADJUSTED CONTRACT AMOUNT COMPLETED TO DATE $1,149,521.96 $1,149,521.96 J 

1of3

DATE: 

TO: 

FROM: 

SUBJECT: 

July 30,2012 

Peggy Hayes j1) 

COllllty Auditor 1/./ , 

Loyd Neal 1r 11'/' 

County Judge , 1 

TYLER TECHNOLOGIES 

Samuel L. Neal, Jr. 

Nueces County Judge 

The attached invoice is approved for payment and forwarded for inclusion 

at the next regular Commissioner's Court Meeting. 

"Case Management System" -N 

May 2012 

cc::: 

r- ():::o 

W ofT! 

e CJ 

:z.c::! 

=-- -1< 

-

NUECES COUNTY EXPENSE REPORT 

Form Version 1.0, Last Updated 3/4/2010 

Name/Project Title Marsha Edwards Nueces County, TX Odyssey Implementation 

Home Address clo Tyler Technologies, 6500 International Parkway Suite 2000, Plano TX 75093 

Dates of Trip Start Daterrime: 5/20/12 17:00 End Daterrime: 19:30 

Reason for Travel Nueces Training 

AIRFARE Southwest Airlines 398.20 

;; 

[Receipt required] 

HOTEL Homewood Suites 626.75 

[Statement required1 

M,EALS [Per Diem Breakfast =$6.00, Lunch =$10,00, Dinner =$28,00J 

Sun Date 05/20/12 B L D 28.00 Total 28.00 

Mon Date OS/21/12 B 6.00 L 10.00 D 28.00 Total 44.00 

Tues Date 05/22/12 B 6.00 L 10.00 D 28.00 Total 44.00 

Wed Date OS/23/12 B 6.00 L 10.00 D 28.00 Total 44.00 

ThulS Date OS/24/12 B 6.00 L 10.00 D 28.00 Total 44.00 

Fri Date OS/25/12 B 6.00 L 10.00 D 28.00 Total 44.00 

Sat Dale B . L D Total 

J 

Total Meals 248.00 

[Receipts must be attached tor everything on the expense report EXCEPT for mileage and meals. Travel start and end times determine eligibility for meal expenses 

on a given day. Mileage Rate::: current IRS raie per mile. ] 

OTHER 

mileage, car 

rental, gas, 

parking, tolls, 

taxi, internet 

access, etc. 

Mileage to/from airport (32 miles round trip) 

Airport Parking & Tolls 

Rental Car Gas 

Rental Car 

Taxi 

TOTAL REIMBURSEMENT REQUESTED: 

8.80 

. 

37.13 

289.91 

30.00 

365.84 

sJcrfi 

J CERTIFY THAT THE ABOVE EXPENSES WERE INCURRED 

IN REGARD TO THE NUECES COUNTY PROJECT. APPROVED FOR PAYMENT 

Date 

5/29/2012 Date 

Signature Authorized Signature 

Tyler Project Manager Signature 

------------------------------- 

DENTON, NAVARRO, ROCHA & BERNAL, P.C. 

A PROFESSIONAL CORPORATION 

ATTORNEYS & COUNSELORS 

RIO GRANDE V ALLEY OFFICE 

701 EAST HARRISON, SUITE 100 

HARLINGEN, TX 78550-9151 

(956) 421-4904 FAX (956) 421-3621 

www.rampagelaw.com 

NUECES COUNTY ATTORNEY 

'JUL 18 2012 

July 16, 2012 RECEIVED 

Invoice # 17751 

ATTORNEY - CLIENT COMMUNICATION 

PRIVILEGED AND CONFIDENTIAL 

N 

Laura Jimenez L.. 

901 Leopard St 

c:: 

r- 

Suite 207 N 

CORPUS CHRISTI, TEXAS 78401 3680 

w 

RE: Nueces County Civil Service Rules Update 

Professional services 

Hours Amount 

05/30/12 NGD Work on coordinating conference 0.50 NO CHARGE 

with Steve Waterman, Julie Guerra 

and Laura Jimenez to finalize 

proposed Civil Service rules and 

regulations manual; tentative 

set conference for 6/5/2012 or 

6/7 012 

06/05/12 RJN Telephone conference with Nueces 0.40 90.00 

County Civil Service rules update 

team; review pending items on 

rules update and resolve final 

points; discussion about 

synchronizing the personnel policy 

manual next 

06/12/12 RJN Receive and review draft of 1.10 247.50 

proposed text from Steve Waterman 

and incorporate into draft set of 

rules; resolve how to reference 

the nurs mothers provisions 

into the document; return latest 

draft to Steve Waterman 

For professional services rendered 2.00 $337.50 

...

Laura Jimenez 

DENTON, NAVARRO, ROCHA & BERNAL, P.C. 

901 Leopard St 

Suite 207 

CORPUS CHRISTI, TEXAS 

78401-3680 

A PROFESSIONAL CORPORATION 

ATTORNEYS & COUNSELORS 

RIO GRANDE VALLEY OFFICE 

701 EAST HARRISON, SUITE 100 

HARLINGEN, TX 78550-9151 

956.421.4904 

July 16, 2012 

MONTHLY STATEMENT 

In Reference To: Nueces County Civil Service Rules Update 

Date Description Amount _--=B=a=lan:..:.:c=e 

7/16/2012 Invoice #17751 337.95 337.95 

Ending Balance 337.95 

Amount Due 337.95

BEIRNE, MAYNARD & PARSONS, L.L.P. 

April I, 2012 Page 2 

Ref. No. 004974.106080 Invoice No. 240810 

PRIVILEGED/CONFIDENTIAL: ATTORNEY-CLIENT AND/OR ATTORNEY WORK PRODUCT 

03/06/12 JET Return travel from Corpus Christi, Texas to 

Austin, Texas following Commissioners Court 

meeting. 

03/06/12 DLO Return travel from Corpus Christi, 

Houston, Texas. 

RECEIVED 

cJcfYl JUl 3 0 2012 

Nuece90nm,ty 

Commissioners Court 

AdmmistrAltio-n 

Texas to 

Fees 73.00 $26,645.00 

Total Invoice $26,645.00

WHEREAS, the Commissioners Court finds the need for health services providing for 

education, counseling, and other services designed to aid expectant moms ofNueces County who 

may be chemically dependent; 

WHEREAS, Commissioners Court is authorized to appropriate and spend money from 

the county general revenues for public health and sanitation in the county pursuant to § 122.001 

of the Texas Health and Safety Code and the determinations of Texas Attorney General Opinion 

Nos. 1M-158 (1984) and 1M-I03 (1983); 

NOW, THEREFORE, for and in consideration and exchange of mutual covenants 

and conditions contained herein to provide services to and support of children in need of 

protection and care and to further the public purpose of elimination and prevention of alcohol 

and drug abuse in Nueces County, the County and Refuge of Hope agree as follows: 

1. 

Refuge of Hope will provide programs to expectant or new moms in Nueces County 

focused on the protection and care of their newborns, specifically, but not limited to newborn 

care, food for growth, a safe and healthy environment, and reducing the risk of SIDS. Refuge of 

Hope will provide programs to expectant and new moms regarding the dangers ofdrug and 

alcohol use. 

II. 

Refuge ofHope will submit semi-annual reports to the County indicating activities by 

Refuge ofHope in perfonnance ofits obligations pursuant to this agreement. Refuge ofHope 

shall include in its reports a detailed accounting ofexpenditures ofCounty funds and the direct 

and measurable results obtained with regard to programs to expectant or new moms in Nueces 

Page 2 of4 

"

• • 

County focused on the protection and care oftheir newborns in Nueces County as well as 

programs for expectant and new moms regarding the dangers of drug and alcohol use. Such 

reports shall be presented to the County Commissioners Court at a noticed meeting. 

III. 

Refuge of Hope will diligently use its resources to provide the aforementioned program 

designed for expectant or new moms in Nueces County focusing on the protection and care of 

their newborns and educating and counseling regarding the dangers ofdrug and alcohol use. 

IV. 

As payment for these services to be rendered in the County's fiscal year 2011-2012, the 

County will provide $1,000 subject to appropriations for the administration ofRefuge of Hope 

program pursuant to the 2011-2012 County Budget. 

V. 

Refuge ofHope will cause this funding to be segregated from other funds used for 

activities ofRefuge of Hope unrelated to the purposes of this agreement. 

VI. 

This agreement shall continue in full force and effect until September 30, 2012. In the 

event Refuge ofHope terminates its program services related to the purposes of this agreement 

prior to the expiration ofthis agreement, the balance ofany remaining funds shall be returned to 

Page 3 of4

Commissioners Court - Regular 3. E. 


Revenue Report - June 





Information 

Approve the monthly revenue reports in accordance with LGC 114.044 - June 2012. 

BACKGROUND 

DISCUSSION 

Revenue Report - June 

Attachments

NUECES COUNTY 

SUMMARY OF REVENUE REPORTS 

For revenue reports received for June 2012 

as of July 27,2012 

For Commissioners Court Meeting date August 8, 2012 

The monthly revenue reports have been received and proofed by the County Auditor's Office, where they are on file for inspection. The 

monthly revenue reports are respectfully presented to the Commissioners Court for approval, in accordance 

.fl.t,4& 7foIt/1with 

LGC 114.002, 

114.043, and 114.044. 

REPORT LAST 

DEPT. REPORT STATUS REPORT 

CODE DEPARTMENT MONTH Iv" I Received SUBMTTED 

0150 Law Library Jun-12 v" 

0160 Airport Fund Jun-12 v" 

0180 Coastal Management Jun-12 v" 

1160 CountyClerk Fee Account Jun-12 v" 

1180 County Clerk Collections Jun-12 v" 

1324 County Sheriff - Inmate Benefit Jun-12 v" 

1326 Hot Check District Attorney 2 Jun-12 v" 

1327 Hot Check District Attorney 1 Jun-12 v" 

1329 County Sheriff-Federal Narcotics Jun-12 v" 

1356 Hilltop Community Center Jun-12 v" 

1359 Robstown & Sanjuan Parks Jun-12 v" 

1710 Animal Control Jun-12 v" 

3021 CountyClerk School Fund Jun-12 v" 

3480 Juvenile Probation Jun-12 v" 

3530 District Clerk Fee Account Jun-12 Not yet received May-11 

3530 District Clerk-Trust Account Jun-12 v" 

3530 District Clerk-Trust Account #2 Jun-12 v" 

3530 District Clerk-Trust-Non-Interest Jun-12 v" 

3530 District Clerk-Minor Trust Accounts Jun-12 v" 

3530 District Clerk-Minor Trust" Jun-12 v" 

3530 District Clerk- Child Support Jun-12 v" 

3700 County Sheriff - Civil Account Jun-12 v" 

3700 County Sheriff - Bond Account Jun-12 v" 

3720 County Sheriff - Inmate Trust Account Jun-12 v" 

3890 Medical Examiner Jun-12 v" 

4190 Senior Community Services Jun-12 v" 

Date 

Page 1 012

CODE DEPARTMENT 

Tax Assessor-Collector 

NUECES COUNTY 

SUMMARY OF REVENUE REPORTS 

For revenue reports received for June 2012 

as of July 27. 2012 

For Commissioners Court Meeting date August 8,2012 

REPORT 

MONTH ( y'l 

REPORT 

STATUS 

Received : 

1200 Proration Account Jun-12 y' 

1200 Monthly Collected Taxes Jun-12 y' 

1200 Gen. Services Account Jun-12 y' 

1200 Motor Vehicle Account (2) Jun-12 y' 

1200 Property Tax Acct Jun-12 y' 

1200 VI T Escrow Jun-12 y' 

1200 IRP Funds Jun-12 y' 

JUSTICES OF THE PEACE 

3600 Precinct 1. Place 1 Jun-12 y' 

3610 Precinct 1, Place 2 Jun-12 y' 


3621 Precinct 2. Place 1 Jun-12 y' 


3630 Precinct 3 Jun-12 y' 


3650 Precinct 5-1 Jun-12 y' 

3655 Precinct 5-2 Jun-12 y' 

CONSTABLES 






LAST 

REPORT 

SUBMTIED 

Page 2 of2

Commissioners Court - Regular 3. F. 


"Outside Agency" Contract - FY11/12 

Submitted For: Steve Waterman, Director 

Submitted By: Theresa McLemore, Commissioners 

Court Admin 



Information 

Approve the following "Outside Agency" Contract: 

1. Nueces County CPS Community Partners Board - $1,000. 

BACKGROUND 

DISCUSSION 

Nueces County CPS Community Partners Board 

Attachments

CONTRACT 

(NUECES COUNTY; NUECES COUNTY CPS COMMUNITY PARTNERS BOARD) 

STATE OF TEXAS * 

* KNOW ALL MEN BY THESE PRESENTS 

COUNTY OF NUECES * 

This agreement entered into on the date of its execution as 

set forth below by and between Nueces County, hereinafter called 

"County," and the Nueces County CPS Community Partners Board, 

hereinafter called “Partners,” a non-profit organization dedicated 

to helping Child Protective Services (CPS), including establishing 

and maintaining Rainbow Rooms for the use of CPS. 

WITNESSETH: 

WHEREAS, the Commissioners Court finds that there is a need 

for programs to provide services to and support of children in need 

of protection and care; and 

WHEREAS, the Partners has established and maintained a Rainbow 

Room as an emergency resource center available to CPS caseworkers 

to help them meet the critical needs of abused and neglected 

children; and 

WHEREAS, the Commissioners Court is authorized to provide 

for services to and support of children in need of protection and 

care without regard to the immigration status of the child or the 

child’s family pursuant to § 264.006 of the Texas Family Code and 

the determination of Texas Attorney General Opinion No. JC-0439 

(2001); 

NOW, THEREFORE, for and in consideration and exchange of 

Page 1 of 3

mutual covenants and conditions contained herein, the County and 

the Partners agree as follows: 

I. 

The Partners will continue to maintain a Rainbow Room which 

provides emergency resources to CPS for children who have been 

victims of abuse or neglect in Nueces County. 

II. 

The Partners will submit semi-annual reports to the County 

indicating activities by the Partners in performance of its 

obligations pursuant to this agreement. The Partners shall 

include in its reports a detailed accounting of expenditures of 

County funds. Such reports shall be presented to the County 

Commissioners Court at a noticed meeting. 

III. 

The Partners will diligently use its resources to provide 

the aforementioned services designed to assist child abuse and 

neglect victims in Nueces County. 

IV. 

As payment for these services to be rendered in the County's 

fiscal year 2011-2012, the County will provide $1,000 subject to 

appropriations for the administration of the Partners services 

pursuant to the 2011-2012 County Budget. 

V. 

The Partners will cause this funding to be segregated from 

other funds used for the services of the Partners unrelated to the 

purposes of this agreement. 

Page 2 of 3

VI. 

This agreement shall continue in force and effect until 

September 30, 2012. In the event the Partners terminates its 

services related to the purposes of this agreement prior to the 

expiration of this agreement, the balance of any remaining funds 

shall be returned to the County in the same proportion that County 

funds bear to the total funds received or in the possession by the 

Partners to conduct services related to this agreement. 

WITNESS our hands on this ____ day of ___________, 2012. 

NUECES COUNTY NUECES COUNTY CPS COMMUNITY 

PARTNERS BOARD 

BY:________________________ BY:_____________________ 


County Judge 

ATTEST: 

BY:_________________________ 

Diana Barrera, County Clerk 

Approved as to form: 

BY:________________________ 

Laura Garza Jimenez 

County Attorney 

Page 3 of 3

Commissioners Court - Regular 3. G. 


Ratify LCS Agreements for Coastal Bend and East Hidalgo 

Submitted By: Tyner Little, Commissioners Court 

Admin 



Information 

Ratify execution of two (2) Intergovernmental Agreements with U.S. Department of Justice, Marshals Service, 

related to the housing of Federal detainees in LCS Correction Services facilities located at 1) Coastal Bend 

Detention Center, 4909 FM 2826, Robstown, Texas, and 2) East Hidalgo Detention Center, 1300 Highway 107, La 

Villa, Texas. 

BACKGROUND 

On March 17, 2009 Nueces County executed a Detention Services Intergovernmental Agreement (IGA) with the 

United States Marshals Service related to housing federal inmates at the Nueces County Jail, LCS East Hidalgo 

Facility, and LCS Coastal Bend Facility. This IGA increased the daily per diem rate paid to Nueces County for 

housing inmates at the two LCS facilities to $52.00 per day. 

DISCUSSION 

These proposed agreements raise the per diem rate to $59.26. 

Coastal Bend Intergovernmental Agreement 

East Hidalgo Intergovernmenal Agreement 

Attachments

Commissioners Court - Regular 3. H. 


Donations 





Information 

Discuss and consider the acceptance of $148,306.00 in contributions to the Capital Project Fund 1915. 

BACKGROUND 

In accordance with the Local Government Code sec 81.032 (copies attached), the Commissioners Court may accept 

a gift, grant, donation, bequest, or devise of money or other property on behalf of the county for the purpose of 

performing a function conferred by law on the county or county officer. 

DISCUSSION 

$148,306.00 was contributed toward the Precinct 1 Channel Maintenance Project. The monies were contributed by 

Nueces Electric Cooperative. 

Donation 

Attachments

Margaret L. Hayes. CPA OFFICE OF THE 


AUDITOR Sylvia Segovia 

Chief Accountant 

Agenda lten1 Summary for: Authorize and Approve Acceptance of 

Donations Totaling $148,306.00 

Commissioners Court meeting Wednesday, August 8, 2012 

Elva Gomez 

Internal Audit Supervisor 

RECOMMENDATION: Discuss and consider the acceptance of $148,306.00 III 

contributions to the Capital Project Fund 1915. 

BACKGROlJND: In accordance with the Local Government Code sec 81.032 (copies 

attached), the commissioners court may accept a gift, grant, donation, bequest, or devise 

of money or other property on behalf of the county for the purpose of performing a 

function conferred by law on the county or county officer. 

DISCUSSION: $148,306.00 was contributed toward the Precinct 1 Channel 

Maintenance Project. Thc monies were contributed by Nueces Electric Cooperative. 

FISCAL IMP ACT: Acceptance of funds will be used for Precinct 1 Channel 

Maintenance. 

Prepared by: F. Chavera I£. 

Submitted by: -'A.f1 ! 

Margaret (Peggy) Hayes, County Auditor 

901 Leopard Street Rm 304 • Corpus Christi, IX 78401 • Phone: (361) 888-0556 • Fax: (361) 888-0584 • nueces.countyaudil@co.nueces.tx.us

Commissioners Court - Regular 3. I. 


Execute Contract Addendum 3 for the Group Term Life Insurance contract (RFP No.2817-09) with Fort Dearborn 

Life 

Submitted By: Elsa Saenz, Purchasing Department 

Department: Purchasing Department 


Information 

Execute Contract Addendum 3 for Group Term Life Insurance (RFP No.2817-09) with Fort Dearborn Life. 

BACKGROUND 

Nueces County approved a group term life insurance policy for its employees. Coverage was for one (1) year 

service with three (3) one-year options. This will be the third and final year option. 

DISCUSSION 

FY 2012/2013 budgeted item. 

Dearborn Renewal letter 

Dearborn Addendum 3 

Attachments

June 21, 2012 

NUECES COUNTY 

Attn: Linda Mihoin 

901 Leopard Street, Suite 304 

Corpus Christi, TX 78401 

Subject: Renewal Analysis 

Group Life Policy: GFZ02490 

Anniversary Date: October 1, 2012 

Dear Policyholder: 

Dearborn National would like to thank you for allowing us the opportunity to provide you and your employees 

with group insurance benefits. 

We have reviewed the current demographics of your group insurance programs along with your actual Basic 

Term Life and Supplemental Term Life claims experience. As a result, we are pleased to provide a NO 

CHANGE to your rates for your benefit programs which will be effective on the anniversary date. All renewal 

rates will be guaranteed for two policy years until October 1, 2014. 

Products Current Rates Renewal Rates 

Basic Life $0.15 per $1,000 $0.15 per $1,000 

Basic AD&D $0.02 per $1,000 $0.02 per $1,000 

Supplemental Life $0.16 per $1,000 $0.16 per $1,000 

Supplemental AD&D $0.02 per $1,000 $0.02 per $1,000 

Experience Reports 

Included in this renewal package are experience exhibits that reflect the development of your renewal rates for 

Basic Term Life and Supplemental Term Life. 

We value our relationship with you and look forward to providing quality service to you in the future. 

If you have any questions pertaining to your renewal, please contact your local Dearborn National sales office or 

your insurance broker. 

Sincerely, 

Steve Fisher 

Sr. Group Underwriter, Inforce Business Unit 

Group Underwriting Division 

cc: Wade Nolan, Sales Executive 

Annie J. Castro 

4466 S. Staples, Suite A 


1001 East Lookout Drive, Richardson, Texas 75082 Toll Free: 800.778.2281 Fax: 312.540.4706 

Products and services marketed under the Dearborn National® brand and the star logo are underwritten and/or provided by Fort Dearborn Life Insurance Company ® 

(Downers Grove, IL) in all states (excluding New York), the District of Columbia, the United States Virgin Islands, the British Virgin Islands, Guam and Puerto Rico.

MIKE PUSLEY 

Commissioner 

Precinct 1 

JOE A. GONZALEZ 

Commissioner 

Precinct 2 

County of Nueces 

AGREEMENT AMENDMENT NO. 3 

WHEREAS, the County of Nueces and Fort Dearborn Life entered into an Agreement effective October 1, 2009, for 

Group Term Live Insurance (RFP No. 2817-09). 

WHEREAS, Fort Dearborn Life has changed their name to Dearborn National. 

WHEREAS, the parties now want to exercise the option as set out in Request for Proposal to extend the term of the 

Agreement; 

NOW, THEREFORE, Nueces County and Dearborn National, in consideration of the mutual agreements contained in 

the Request for Proposal provided pursuant to this amendment do hereby mutually agree: 

1. To exercise the renewal option of 12 months as set out in Request for Proposal extending the termination date 

of the Agreement to September 30, 2013. 

2. The renewal period will include no change in rates. Rates are as follows: 

Products Current Rates Renewal Rates 

Basic Life $0.15 per $1,000 $0.15 per $1,000 

Basic AD&D $0.02 per $1,000 $0.02 per $1,000 

Supplemental Life $0.16 per $1,000 $0.16 per $1,000 

Supplemental AD&D $0.02 per $1,000 $0.02 per $1,000 

3. All other provisions of the request for proposal shall remain the same. 

IN WITNESS WHEREOF, Nueces County and Dearborn National have executed these presents in duplicate. 

WITNESS our hands on this 8th day of August, 2012. 

NUECES COUNTY DEARBORN NATIONAL 

____________________________ __________________________ 


Nueces County Judge Title:_____________________ 

ATTEST: 

_____________________________ 

DIANA T. BARRERA, County Clerk 

SAMUEL L. NEAL, JR. 

County Judge 

Nueces County Courthouse, Room 303 

901 Leopard Street 

Corpus Christi, Texas 78401-3697 

OSCAR ORTIZ 

Commissioner 

Precinct 3 

JOE McCOMB 

Commissioner 

Precinct 4

Commissioners Court - Regular 3. J. 


Ratify/approve execution of Motor Vehicle License Point of Sale Sticker to Bay Chevrolet-GEO,dba Allen Samuels 


Admin 



Information 

Ratify/approve execution of a Motor Vehicle License Point of Sale Sticker Lease Agreement amendment to 

document #20050177 with Bay Chevrolet-GEO, Inc., dba Allen Samuels, related to the issuance of title 

application/motor vehicle sales tax receipts, point of sale stickers, and license plates. 

BACKGROUND 

Approval of this amendment will authorize Bay Chevrolet-GEO, Inc., dba Allen Samuels to issue title 

applications/motor vehicle sales receipts, point of sales stickers, and license plates at its sales office location. This 

amendment will increase the bond amount to $140,000; any combination of total supply value shall not exceed the 

bond amount posted as per paragraph 8. 

DISCUSSION 

Other automobile retailers in the area have similar agreements in place. 

Attachments 

Bay Chevrolet-GEO, Inc., dba Allen Samuels Amendment No. 1

Commissioners Court - Regular 3. K. 


Approve execution of Motor Vehicle License Point of Sale Sticker Lease to Coastal Motorcars 

Submitted For: Kevin Keischnick, Tax Assessor-Collector 


Admin 



Information 


document #20050188 with Coastal Motorcars, related to the issuance of title application/motor vehicle sales tax 

receipts, point of sale stickers and license plates. 

BACKGROUND 

Approval of this amendment will authorize Coastal Motorcars to issue title applications/motor vehicle sales 

receipts, point of sales stickers, and license plates at its sales office location. This amendment will increase the bond 

amount to $125,000; any combination of total supply value shall not exceed the bond amount posted as per 

paragraph 8. 

DISCUSSION 


Coastal Motorcars Amendment No. 1 

Attachments

Commissioners Court - Regular 3. L. 


Approve execution of Motor Vehicle License Point of Sale Sticker Lease to Ed Hicks Nissan, Ltd 

Submitted For: Kevin Kieschnick, Tax Assessor-Collector 


Admin 



Information 


document #200600024 with Ed Hicks Nissan, LTD, related to the issuance of title application/motor vehicle sales 

tax receipts, point of sale stickers and license plates. 

BACKGROUND 

Approval of this amendment will authorize Ed Hicks Nissan, LTD to issue title applications/motor vehicle sales 

receipts, point of sales stickers and license plates at its sales office location. This amendment will increase the bond 

amount to $300,000 any combination of total supply value shall not exceed the bond amount posted as per 

paragraph 9. 

DISCUSSION 


Ed Hicks Nissan, LTD Amendment #1 

Attachments

Commissioners Court - Regular 4. A. 1. 


Tax Rates for County and Hospital District 


Admin 



Information 

Discuss and consider proposal for 2012-2013 tax rates for Nueces County and the Nueces County Hospital District 

that exceeds the effective tax rate; take record vote; and authorize the publishing of appropriate notices. 

BACKGROUND 

DISCUSSION



Dune Protection Permit: Beach View Estates Dune Walkover 

Submitted By: Ginny Gunderson, Commissioner Pct 4 

Department: Commissioner Pct 4 


Information 

Discuss and consider approving a Dune Protection Permit application for the Beach View Estates Dune Walkover. 

BACKGROUND 

See attached memo from the Nueces County Beach Management Advisory Committee. 

DISCUSSION 

BMAC Memo 

DPP Application Beach View Estates 

Attachments

July 31, 2012 

MEMORANDUM 

TO: Judge Loyd Neal, Nueces County Commissioners Court 

CC: Commissioner Joe McComb, Nueces County Precinct 4 

Mr. Tyner Little, Assistant to Commissioners Court 

Mr. Glen Sullivan, Nueces Co. Dept. Public Works 

Jenny Boyd, Office of the County Attorney 

Mr. Dipak Desai, Nueces Co. Dept. Public Works 

FROM: Fred McCutchon, Chair, Nueces Co. Beach Management Advisory Committee 

SUBJECT: Nueces County Beach Management Advisory Committee Recommendation on a 

Large-Scale Dune Protection Permit Application for Dune Walkover in Beach 

View Estates 

NUECES COUNTY FILE NO.: DPP # 0612-01 

At a meeting held July 25, 2012, the Nueces County Beach Management Advisory Committee 

considered a large-scale Dune Permit Application by co-applicants Beach View Estates 

Homeowners Association and Ron Wolfe to construct a dune walkover that would replace the 

collapsed walkover adjacent to Lot 19, Beach View Estates, Mustang Island. The application 

requested construction of the proposed replacement walkover on the footprint of the former 

walkover, thus minimizing effects on the dunes and dune vegetation within in the protected dune 

complex. The manner of construction was described in the application and its attachments, and 

the applicant described mitigation of the effects of construction. During the July 25, 2012 

meeting, Committee members expressed concerns that the application stated in several places 

that the proposed construction would not have any effects on the beach or dune environment. 

Accordingly, Committee members proposed specific modifications to the language of the 

application. The applicant accepted the proposed language, and agreed to submit a revised 

application to the Chair of the BMAC for approval. Thereafter, the Committee voted 

unanimously to recommend approval of the application as revised according to the specific 

language proposed by the Committee and accepted by the Committee and the applicant. 

The Nueces County Beach Management Plan, at Section III.A, requires the Committee and the 

Commissioners Court to consider a number of factors in determining whether to approve a dune 

permit application, and provides that the Court must not issue a dune permit unless it is 

consistent with, and not prohibited by, State and County law. The Commissioners Court must 

make an affirmative finding that that the activity: 

1.) Does not constitute a prohibited activity; 

2.) Will not materially weaken dunes or materially damage vegetation seaward of the 

dune protection line;

3.) Has no practicable alternatives and the applicant will avoid or satisfactorily 

minimize or mitigate for adverse effects; and 

4.) Complies with all applicable requirements of the Nueces County Beach 

Management Plan. 

In considering this permit request, the Committee carefully considered and analyzed the 

application, examined the site, considered the applicant’s presentation, and considered impacts 

created by the construction activity. The applicant agreed to submit an amendment to the 

application to address the concerns listed above. The amendment has been received and 

reviewed, and it conforms with the modifications approved by Committee vote. 

After full consideration of the application, the Committee unanimously recommends that the 

Commissioners Court approve the dune permit request as amended. 

It is, therefore, recommended that the Commissioners Court approve this application with such 

amendment.



Intergraph Jail Interface Development for the Case Management System 

Submitted By: Mike Biddle, Information Technology 

Department: Information Technology 


Information 

Discuss and consider approval of Sole Source Purchase of the Intergraph Scope of Work (SOW) for the 

development of the i/LEADS jail interface with the Odyssey Case Management System. 

BACKGROUND 

The Nueces County jail utilizes the i/LEADS Jail Management System (JMS), and the Odyssey Case Management 

System is used by the District Courts, County Courts, District Clerk, and District Attorney for managing criminal 

cases. The two systems need to share certain data elements by exchanging transactions. The JMS needs to provide 

information to the CMS such as charges, bonds, and warrant status. The CMS needs to provide information to the 

JMS such as indictments on charges, disposition of charges, and sentences for offenders. 

DISCUSSION 

The Statement of Work developed by Intergraph provides the framework for the development of the interface for 

exchanging data between the CMS and JMS. A separate agreement has already been approved with Tyler 

Technologies to develop their portion of the interface. 

The interfaces will be developed in modules including the following: 

1. Booking Exchange 

2. Case Filing Exchange 

3. Charge Update Exchange 

4. Disposition Exchange 

5. Re-arrest Scenarios 

6. Release Exchange 

7. Warrant Exchange 

Budget Information 

Information about available funds 

Budgeted: Funds Available: Adjustment: Amount Available: $246,235 

Unbudgeted: Funds NOT Available: Amendment: 

Account Code(s) for Available Funds 

1: 

Fiscal Impact: 

Fund Transfers 

Source of Funds: 2007 CO Amount Requested: $246,235 Fiscal Year: Budgeted Y/N: Y 

Project funding provides sufficient funds for this project.

Intergraph SOW 

Intergraph Price Quote 

Attachments

Nueces County Sheriff’s 

Office 

Security, Government and Infrastructure a 

Division of Intergraph Corporation 

Statement of Work 

For 

I/LEADS Interface 

to Tyler Technologies Odyssey System 

DRAFT DOCUMENT 

TO BE APPROVED BY INTERGRAPH MANAGEMENT AFTER CUSTOMER REVIEW 

July 24, 2012

Prepared for: 

Mike Biddle 

IT Director 

Information Technology 

Nueces County Sheriff’s Office 


Suite 308 

Corpus Christi, Texas 78401 

Phone: (361) 888-0373 

FAX: (361) 888-0744 

Email: mike.biddle@co.nueces.tx.us 

By: 

Statement of Work Preparer 

For 

Spencer Anderson 

Account Manager 

Security, Government & Infrastructure (SG&I) Division 

Intergraph Corporation 

P.O. Box 240000 

Huntsville, AL 35813 USA 

Phone: (801) 928-2545 

Fax: (256) 710-8100 

Email: spencer.anderson@intergraph.com 

Proprietary and Confidential Page 2

Change History 

Revision Date Author Section Changed and Description 

1.0 5/10/2011 Intergraph/LM Original DRAFT 

2.0 8/10/2011 Intergraph/T. Hines Update to original draft SOW 

3.0 2/16/2012 Intergraph/RH 

Brewster 

4.0 3/28/2012 Intergraph/RH 

Brewster 

5.0 4/25/2012 Intergraph/C 

Anderson 


Anderson 


Anderson 


Anderson 


Anderson 

Updated to accept and/or comment on 

Customer’s edits/questions. 

Accepted edits where Customer had agreed. 

Doug Hawkins input on Terms. 

Review changes 

Update for Dauro comments 

Update for Intergraph review 

Update for review of customer requested 

changes 

Updated for final review 


Table of Contents 

1 Introduction ....................................................................................................................... 5 

2 Assumptions ..................................................................................................................... 5 

3 Project Deliverables ......................................................................................................... 5 

4 Project Management Services ......................................................................................... 6 

5 Acceptance Criteria .......................................................................................................... 7 

6 Schedule ............................................................................................................................ 7 

7 Price .................................................................................................................................... 8 

8 Terms of Payment ......................................................................................................... 889 

9 Terms & Conditions ...................................................................................................... 889 

10 Approval Signatures ................................................................................................... 9910 

Attachment A-1 Terms & Conditions............................................................................ 101011 

Attachment A-2: Deliverables Sign Off Form ............................................................. 121213 

Attachment A-3: End User Licenses Agreement .......................................................... 131314 

Attachment A-4: Odyssey Integration CPD Documents ............................................... 313132 


1 INTRODUCTION 

This document is submitted to serve as a mutually acceptable Statement of Work 

(“SOW”) between Security, Government and Infrastructure a Division of Intergraph 

Corporation (“Intergraph”) and Nueces County Sheriff’s Office, Texas (“Customer”). This 

SOW outlines the services required to develop, configure and test an interface to Tyler 

Technologies Odyssey System. 

Functionality not identified in this SOW may be included at additional cost with 

appropriate revisions to the SOW. 

2 ASSUMPTIONS 

This SOW is based upon the following assumptions: 

1. The effort does not include a change in hardware. Services to accommodate 

hardware changes can be quoted as a separate item at the time such services are 

requested by the Customer. 

2. The effort does not require a change in operating system. Services to 

accommodate operating system changes can be quoted as a separate item at the 

time such services are requested by the Customer. 

3. The effort does not require a change in database type (e.g. from Oracle to SQL 

Server). 

4. No formal training is provided by Intergraph under this SOW, The functional design 

document will have the technical information required to run and maintain the 

interface. 

5. The interface protocol is based on Intergraph’s currently supported COTS interface 

protocols. 

6. Intergraph and the Customer will review the SOW and determine a mutually 

agreeable date for the services to be performed. .Note: This purchase must be 

completed prior to any services being scheduled by Intergraph. 

7. No Test Plan is included in this SOW. 

8. This SOW assumes that the NIEM definitions and IEPD required to be provided by 

Tyler (see section 3 number 2) are already completed or will be completed prior to 

any Intergraph work being scheduled. will be developed jointly by Tyler 

Technologies and Intergraph. 

3 PROJECT DELIVERABLES 

1. Remote services to develop an interface consisting of a set of three components with 

Tyler Technologies Odyssey System at Nueces County as described in the attached 

documents listed in Attachment A-4. This will include creating (1) an I/LEADS web 

service to receive data from Tyler Technologies, (2) an interface component to send 

data to Tyler's web service, and (3) an interactive process for users as described in 

Proprietary and Confidential Page 5 

Comment [CA1]: Changed to Dauro’s 

comments

the warrant document. These three components will be used to provide the data 

transfers described for booking, case filing, charge updates, dispositions, releases, 

and warrants. 

a. This SOW includes ten (10) days of on-site time for testing the interface after 

all interface components have been delivered by both companies (Intergraph 

and Tyler Technologies) and prior to moving the interface to the production 

system. The on-site time would be simultaneous for both Intergraph and Tyler 

Technologies so that testing can be a cooperative effort to achieve a 

systematic and efficient result. The on-site time for testing may be extended if 

the interface fails to comply with the processing requirements as specified in 

the design documents or encounters programming issues. 

b. This SOW also includes Intergraph support to move the interfaces to 

production. 

2. All of the three data transfer components will be done as part of a single project and 

in this single scope of work. 

Based on the attached documents (see Attachment A-4), Tyler Technologies will 

define the NIEM compliant XML transfers. Intergraph will need an IEPD from Tyler 

Technologies before any design or development work can begin. Tyler Technologies 

will need to include (or add) any I/LEADS required data fields that are not present in 

their IEPD before Intergraph can complete its design. Other than ID type fields used 

for cross reference, no additional data fields will be added to I/LEADS. These 

interface components are being developed to replace the current CRJAIL and 

CRMAIN interface. The new interface components will never run in an environment 

where CRJAIL and CRMAIN are running. 

4 PROJECT MANAGEMENT SERVICES 

Intergraph will assign a Project Manager to coordinate this effort. The Customer shall 

have the right to request the removal and replacement of any personnel of Intergraph 

who are assigned to provide Services to the Customer, upon written notice and 

specification of issues to support the requested change. Intergraph will replace any 

personnel who leave the Project with equivalently qualified persons. The Project 

Manager will work with the Customer to define a mutually agreed upon project schedule 

for the services under this SOW. 

Customer Responsibilities 

The Customer is responsible for providing a single point of contact for coordination 

with the Intergraph Project Manager. 

The Customer is responsible for having current backups of the system. 

The Customer is responsible for providing all hardware, network infrastrucuture and 

configuration to support this effort. This includes any Tyler Tecnologies hardware, 

services and/or software. 


Comment [CA2]: Rejected 30 days. There are 

only 10 days (2 trips) for support in the quote

The Customer is responsible for the purchase, installation and testing of any 3 rd party 

software required to support this interface and for coordinating scheduling and 

services with 3 rd party vendors. 

The Customer is responsible for ensuring that the I/LEADS LAN is operational. 

No formal Acceptance Test Plan will be provided by Intergraph. The Customer will 

be responsible for the creation of any test plans or test scripts utilized during testing. 

Nueces County will provide a test environment for the purpose of testing and 

verifying the exchange of data between the Intergraph I/Leads Jail Management 

System and the Odyssey Case Management System from Tyler Technologies. 

The Customer is responsible for conducting acceptance testing, and reporting any 

issues in writing within 10 days of notification that new software has been placed on 

the test system. 

The Customer must provide System Administrator and necessary technical staff 

support during the installation, configuration and testing period. 

The Customer is responsible for all environmental considerations, including, but not 

limited to, power requirements, HVAC requirements, and security requirements. 

The Customer must provide VPN or secured remote connectivity (including a logon 

and password), 24 x 7, to all servers and workstations requiring 

installation/configuration by Intergraph. 

The Customer is responsible for providing contact information for Tyler Technologies 

technical resources. 

5 ACCEPTANCE CRITERIA 

The Interface to Tyler Technologies shall be considered accepted with either written 

authorization by the Customer, production use, or 30 days after being installed in the test 

environment if no issues have been reported, whichever comes first. 

If a delay in final acceptance is caused by another vendor or a state agency’s inability to 

provide required deliverables and lasts for more than 90 days, the Customer agrees to 

provide written acceptance of this Intergraph interface. 

6 SCHEDULE 

Scheduling of Intergraph services will occur: (i) upon receipt of this executed document, 

(ii) receipt of Customer’s purchase order (if applicable), and (iii) Customer has no past 

due payments to Intergraph. Intergraph and the Customer will determine a mutually 

agreeable schedule for completion of the deliverables as described in this SOW. 


Comment [CA3]: fifteen (15) days after 

production use without a category-I issue 

requested Change rejected by Dauro.

7 PRICE 

Pricing for the Statement of Work (SOW) is in accordance with Intergraph quotation 

number NuecesCnty_LEADS Web IF-Tyler_$Q021712lps2$-Draft.pdf which is provided 

as an attachment. This purchase is for a software license and project services only. 

However, estimated first year software maintenance has been included in this quote. 

The actual maintenance price will be quoted by Intergraph Maintenance Contracts upon 

completion and acceptance of software. Intergraph will amend any existing Customer 

maintenance contract to reflect the new I/LEADS interface. 

Intergraph will submit invoices to Customer at the following address: 

Mike Biddle 

IT Director 

Information Technology 

Nueces County 901 Leopard Street 

Suite 308 

Corpus Christi, Texas 78401 

Email: mike.biddle@co.nueces.tx.us 

8 TERMS OF PAYMENT 

Payment for this SOW will be due upon completion of the services and in accordance 

with the terms and conditions defined in this SOW. Payment for this SOW will be due 

upon completion of payment milestones in accordance with the payment milestone 

schedule below. The terms of payment shall be net thirty (30) days from the date of 

invoice. An interest charge of two percent (2%) per month (or the maximum amount 

allowed by law, whichever is less), prorated on the basis of a thirty (30) day month, will 

be assessed on delinquent payments. 

Payment Milestone Payment 

Percentage 

Execution of this SOW. 40% 

Upon Installation of Software on test environment. 30% 

Upon Acceptance as defined in Section 5 of this SOW. 30% 

9 TERMS & CONDITIONS 

See Attachment A-1 for Terms and Conditions of this SOW. 


Comment [CA4]: Added Per Dauro

10 APPROVAL SIGNATURES 

Signature by all parties listed below constitutes acceptance of and notice to proceed with 

this SOW, in accordance with this SOW. 

This SOW may be executed in one or more counterparts, each of which shall be 

deemed to be original, and all of which together shall constitute one and the same 

agreement. A signature delivered by facsimile shall be deemed to be an original 

signature and shall be effective upon receipt thereof by the other party. 

This document is approved by: 

Intergraph Authorized Signature 

Name: Jennifer Williams, Director, U. S. Sales Accounting 

Signature: Date: 

Authorized Customer Signature 

Name: 

Signature: Date: 

ATTEST: _______________________________________, Nueces County 

Clerk 

Customer: Please check the appropriate box: 

A Purchase Order Will Not be issued. Customer signature above constitutes 

notice to Intergraph to proceed with this Statement of Work. 

A Purchase Order Will be issued and shall contain the following statement: 

This Purchase Order is issued in accordance with the Terms and 

Conditions contained in Intergraph’s Statement of Work. 

This signed document will be sent to the following address: 

For US Mail Delivery: For Shipping/Delivery including Overnight Services: 

Intergraph Corporation Intergraph Corporation 

Attn: Alan Estep Attn: Alan Estep 

P.O. Box 240000 19 Interpro Road 

Huntsville, AL 35813 Madison, AL 35758 


ATTACHMENT A-1 TERMS & CONDITIONS 

Ownership in Data/Computer Software 

All computer software related deliverables (data, programs, or program enhancements) 

prepared under this SOW shall be the property of Intergraph and shall be licensed to the 

Customer pursuant to Intergraph’s current Software License Agreement. 

Notwithstanding the foregoing, Section 13.9 (Governing Law; Venue and Jurisdiction) 

and Section 13.10 (Waiver of Jury Trial), shall not apply for the software deliverables 

provided under this SOW. In Section 6.2 any indemnification by Customer is limited to 

the extent allowed by law without establishing a sinking fund. 

Maintenance 

For any new purchases of Intergraph software described in this SOW, the Customer 

shall be responsible for placing the newly purchased software under maintenance 

following expiration of the applicable warranty period. If the software is not placed under 

maintenance, the cost of development and services required to migrate the current 

functionality to the new version will be added to all future system upgrades. 

Enhancements to this software are not provided under the maintenance agreement. 

Warranty 

For any new software purchased as a part of this SOW, the following warranty applies. 

This warranty does not apply to software that is already covered under a paid 

maintenance agreement. 

Intergraph software is warranted to substantially conform to the user documentation, free 

from defects in material and workmanship for a period of thirty (30) days from 

installation. 

INTERGRAPH DISCLAIMS (TO THE EXTENT PERMITTED BY LAW) ALL WARRANTIES ON 

PRODUCTS FURNISHED HEREUNDER, EXCEPT THOSE SPECIFICALLY STATED ABOVE, 

INCLUDING ALL WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR 

PURPOSE. THE ABOVE WARRANTY IS IN LIEU OF ALL OTHER WARRANTIES, 

EXPRESSED OR IMPLIED, AND REPRESENTS THE FULL AND TOTAL OBLIGATION 

AND/OR LIABILITY OF INTERGRAPH. 

Disclaimer 

IN NO EVENT WILL INTERGRAPH BE LIABLE TO THE CUSTOMER FOR ANY INCIDENTAL, 

CONSEQUENTIAL, OR SPECIAL DAMAGES, ARISING OUT OF OR IN CONNECTION WITH 

ANY SERVICES OR DELIVERABLES PROVIDED UNDER THIS SOW, EVEN IF INTERGRAPH 

HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. INTERGRAPH’S TOTAL 

LIABILITY FOR ANY AND ALL DAMAGES WHATSOEVER ARISING OUT OF OR IN ANY WAY 

RELATED TO THIS SOW FROM ANY CAUSE SHALL NOT EXCEED THE VALUE OF THIS 

SOW. EXCEPT AS OTHERWISE PROVIDED BY APPLICABLE LAW, NO CLAIM, 

REGARDLESS OF FORM, ARISING OUT OF OR IN CONNECTION WITH THIS SOW MAY BE 

BROUGHT BY THE CUSTOMER MORE THAN FOUR (4) YEAR AFTER THE CAUSE OF 

ACTION HAS OCCURRED. 


Infringement 

In the event of any proceeding against the Customer arising from allegations that the 

deliverables or services furnished by Intergraph infringes U.S. patent, copyright, trade 

secret, or other proprietary right of any third party, Intergraph will, if such allegation is not 

a result from modifications made by the Customer, defend or settle such proceeding, at 

Intergraph’s expense, provided the Customer promptly notifies Intergraph in writing and 

grants Intergraph full authority to defend and settle such proceeding. Intergraph shall 

make such defense by counsel of its own choosing and the Customer shall cooperate 

with said counsel. 

Force Majeure 

Neither party shall be deemed to be in default of any provision of this SOW or be liable 

for any delay, failure in performance, or interruption of service resulting from acts of war, 

acts of terrorism, acts of God, acts of civil or military authority, civil disturbance, or any 

other cause beyond its reasonable control. 

Taxes 

Prices are exclusive of all federal, state or local sales, use, property, gross receipts, 

value added or similar taxes based upon amounts payable to Intergraph pursuant to this 

SOW (“Taxes”). Such Taxes, however do not include franchise taxes or taxes based on 

net income. The Customer agrees to pay Intergraph any applicable Taxes or provide 

Intergraph documentary evidence of an appropriate statutory exemption. 

Governing Law, VENUE, and Jurisdiction 

This SOW shall for all purposes be construed and enforced under and in accordance 

with the laws of the State of Texas. Venue by agreement of the parties shall be in a court 

of competent jurisdiction in Nueces County, Texas. The parties agree to submit to this 

jurisdiction and agree that venue is proper in these courts for any such legal action or 

proceedings. This paragraph supersedes governing law; venue; and jurisdiction as 

recited in Attachment A-3. 

Place of Performance 

The Customer agrees to provide appropriate work place accommodations, computer 

equipment, software, and necessary access for Intergraph personnel. Intergraph 

personnel will comply with any Customer security protocol provided. 

Entire Agreement 

These terms and conditions, the Intergraph quotation, together with any attachments 

hereto, constitute the entire agreement between the parties with respect to the subject 

matter hereof; all prior agreements, representations, statements, negotiations, and 

undertakings are superseded hereby. In the event of an inconsistency among applicable 

documents issued under this Agreement, the order of precedence (from the document 

with greatest control over other documents to the lowest) shall be: (a) the Statement of 

Work; and (b) Attachment A-1 through Attachment A-4. 


ATTACHMENT A-2: DELIVERABLES SIGN OFF FORM 


Comment [BH5]: I cannot edit this page, but 

as per your discussion with Spencer the time in 

this form needs to be changed to 10 days 

instead of 5 days. 

Comment [CA6]: This form is standard. It is 

sent to the customer when the acceptance 

criteria in section 5 has been met, and per the 

sign-off form, the customer has 5 days to agree 

or state in writing why they disagree that the 

criteria has been met

ATTACHMENT A-3: END USER LICENSES AGREEMENT 

END-USER LICENSE AGREEMENT 

IMPORTANT—READ CAREFULLY: This End-User License Agreement for Intergraph Corporation 

(“EULA”) is a legal agreement by and between “you” (either an individual or a single legal entity) and 

Intergraph Corporation d/b/a the Security, Government and Infrastructure division of Intergraph 

(“Intergraph”) for the Intergraph software product(s) (“SOFTWARE PRODUCT”) delivered with this EULA, 

which includes the computer software, object code copy, and all of the contents of the files, disk(s), CD- 

ROM(s) or other media with which this EULA is provided, including any templates, printed materials, and 

online or electronic documentation, all copies, and any modified versions, fixes, patches and Updates of the 

SOFTWARE PRODUCT, if any, licensed to you by Intergraph. Any software, including, without limitation, 

any modified versions, fixes, patches and/or Updates provided along with the SOFTWARE PRODUCT that 

is associated with a separate end-user license agreement is licensed to you under the terms of that license 

agreement. By installing, copying, downloading, accessing or otherwise using the SOFTWARE PRODUCT, 

you agree to be bound by the terms of this EULA, which shall take precedence over any other document 

and shall govern your use of the SOFTWARE PRODUCT, unless you have a signed license agreement with 

Intergraph that specifically addresses the licensing of the SOFTWARE PRODUCT, in which case the signed 

license agreement shall take precedence and shall govern your use of the SOFTWARE PRODUCT. You 

agree that this EULA is enforceable against you the same as any written, negotiated contract signed by you. 

If you do not agree to the terms of this EULA, you are not authorized to, and you shall not, download, install 

or use the SOFTWARE PRODUCT. 

1. DEFINITIONS. As used in this EULA, the following terms are defined as follows and other 

capitalized terms set forth in this EULA shall have the meaning ascribed to them in this EULA: 

1.1 “Primary License” means the license(s) of the SOFTWARE PRODUCT provided to you 

for general production use as authorized by this EULA. 

1.2 “READ-ME file” means a computer text file that contains information a User may need to 

install or operate a SOFTWARE PRODUCT program. 

1.3 “Supplementary License” means a license(s) of the SOFTWARE PRODUCT which is 

made available by Intergraph for select SOFTWARE PRODUCTS to augment Primary 

Licenses for special purposes. Each Supplementary License requires a Primary License 

and the term of the Supplementary License shall not exceed the term of the applicable 

Primary License. 

1.4 “System” means any collection of your computers sharing a single licensing server or a 

set of redundant licensing services. 

1.5 “Update” means any Upgrade, modified version, fix, patch and/or update of the 

SOFTWARE PRODUCT. 

1.6 “Upgrade” means each new release of the SOFTWARE PRODUCT. Upgrades require a 

full installation and may be provided with a separate EULA. The EULA delivered with the 


Upgrade will supersede any EULA associated with prior releases of the SOFTWARE 

PRODUCT. 

1.7 “User” means you or any individual authorized by you to use the SOFTWARE 

PRODUCT pursuant to the terms and conditions of this EULA. A User may also include 

your contractor who requires temporary use of the SOFTWARE PRODUCT to provide 

services on your behalf. 

1.8 “XML Files” means the XML (Extensible Markup Language) files generated by the 

SOFTWARE PRODUCT, where applicable. 

1.9 “XSL Stylesheets” means the XSL (Extensible Stylesheet Language) presentation of a 

class of XML Files which, when included with the SOFTWARE PRODUCT, describe how 

an instance of the class is transformed into an XML (Extensible Markup Language) 

document that uses the formatting vocabulary. 

2. LICENSE GRANT. Provided you are not in breach of any term or condition of this EULA, 

Intergraph hereby grants you a limited, non-exclusive license to install and use the 

SOFTWARE PRODUCT, in object code form only, strictly for your internal use and strictly in 

accordance with this EULA. The license is non-transferable, except as specifically set forth in 

this EULA. You assume full responsibility for the selection of the SOFTWARE PRODUCT to 

achieve your intended results, and for the installation, use and results obtained from the 

SOFTWARE PRODUCT. 

2.1 Minimum Requirements. The SOFTWARE PRODUCT may require your System to 

comply with specific minimum software, hardware and/or Internet connection 

requirements. The specific minimum software, hardware and/or Internet connection 

requirements vary by SOFTWARE PRODUCT and per type of license and are available 

from Intergraph upon request. 

2.2 License Type and Mode. SOFTWARE PRODUCTS are licensed as either Primary 

Licenses or Supplementary Licenses. There are six (6) types of Supplementary Licenses 

as described below. Depending on your license, a license may be used in either 

Concurrent-Use mode or Node-Locked mode. The license type and mode for the 

SOFTWARE PRODUCT you subscribed to or obtained will be designated (per the 

abbreviations set forth below) in the product description set forth on the proposal, quote 

or packaging provided with the SOFTWARE PRODUCT, and, if an electronic license 

manager tool is incorporated in the SOFTWARE PRODUCT, verified by the Intergraph 

license system. If not otherwise indicated, your license type and mode will be a Node- 

Locked Primary License. Each license of the SOFTWARE PRODUCT is subject to the 

terms of this EULA. 

2.2.1 Concurrent-Use mode (CC) allows for the checking in and checking out of the 

total available licenses of the SOFTWARE PRODUCT for Users. At any point, 

you may run as many copies of the SOFTWARE PRODUCT as you have 

licenses. If the SOFTWARE PRODUCT is enabled to be run in a disconnected 


mode, as set forth in the READ-ME file, a User may check out a license from the 

System for mobile or home use, thus reducing the total number of licenses 

available in the license pool until the license is checked back in to the System. If 

the SOFTWARE PRODUCT is not enabled to be run in a disconnected mode, 

the mobile or home computer will require a Node-Locked License. If the 

anticipated number of Users of the SOFTWARE PRODUCT will exceed the 

number of applicable licenses, and in the absence of a license manager tool 

incorporated in the SOFTWARE PRODUCT, you must use a reasonable 

mechanism or process to assure that the number of persons using the 

SOFTWARE PRODUCT concurrently does not exceed the number of licenses. 

2.2.2 Node-Locked mode (NL) allows a single copy of the SOFTWARE PRODUCT to 

be stored on hard disk and loaded for execution on a single designated 

workstation, or, for software designed for use on a handheld device, for 

execution on a single designated handheld device. 

2.2.3 Supplementary Licenses are described below: 

(a) Backup License (BCK) is licensed solely for “cold standby” when manual 

switchover of the SOFTWARE PRODUCT to the Supplementary License is 

required in the event of failure of the Primary License. 

(b) Developer’s License (DEV) is a license of a Web-based SOFTWARE 

PRODUCT that is delivered solely in connection with the Primary License of 

such SOFTWARE PRODUCT for the purposes of developing and testing 

your website built only with the SOFTWARE PRODUCT. Developer’s 

Licenses shall not be used for production purposes (i.e. a fully deployed 

website). 

(c) Load Balancing License (LOB) is a license of a Web-based SOFTWARE 

PRODUCT solely for use as a second or successive license on a web 

cluster to balance the load with the Primary License. 

(d) Redundant License (RDT) is licensed solely for “hot standby” when automatic 

switchover of the SOFTWARE PRODUCT to the Supplementary License is 

required in the event of failure of the Primary License. 

(e) Test License (TST) is licensed solely for testing purposes. However, 

Intergraph also allows a Test License to be used to conduct no-cost training 

on test servers for a maximum of thirty (30) days per year. 

(f) Training License (TRN) is licensed solely for training purposes. 

2.3 Updates. If the SOFTWARE PRODUCT is an Update to a previous version of the 

SOFTWARE PRODUCT, you must possess a valid license to such previous version in 

order to use the Update. The SOFTWARE PRODUCT and any previous version may not 

be used by or transferred to a third party. All Updates are provided to you on a license 


exchange basis and are subject to all of the terms and conditions of the EULA provided 

with the latest version of the SOFTWARE PRODUCT. By using an Update, you (i) agree 

to voluntarily terminate your right to use any previous version of the SOFTWARE 

PRODUCT, except to the extent that the previous version is required to transition to the 

Update; and (ii) acknowledge and agree that any obligation that Intergraph may have to 

support the previous version(s) of the SOFTWARE PRODUCT will end upon availability 

of the Update. If an Update is provided, you will take prompt action to install such Update 

as directed by Intergraph. If you fail to do so, you acknowledge that the SOFTWARE 

PRODUCT may not work correctly or that you will not be able to take advantage of all of 

the SOFTWARE PRODUCT’s available features. In such event, Intergraph will not be 

liable for additional costs you incur as a result of your failure to install such Update. 

3. RIGHTS AND LIMITATIONS. Please see specific exceptions and additional terms related to 

GeoMedia Viewer Software, Beta Software, Evaluation Software, and Educational Software set 

forth at the end of this EULA. 

3.1 THE FOLLOWING ARE PERMITTED FOR YOUR LICENSE: 

3.1.1 You may make one copy of the SOFTWARE PRODUCT media in machine 

readable or printed form and solely for backup purposes. Intergraph retains 

ownership of all User created copies. You may not transfer the rights to a 

backup copy unless you transfer all rights in the SOFTWARE PRODUCT and 

license as provided for in Section 3.1.2. 

3.1.2 You may transfer the SOFTWARE PRODUCT and license within your company 

(intra-company transfer), subject to the Intergraph Security, Government & 

Infrastructure Software Transfer Policy (“SG&I Software Transfer Policy”) and 

the terms of this EULA. The SG&I Software Transfer Policy is available from 

Intergraph upon request. If you transfer the SOFTWARE PRODUCT, you must 

at the same time either transfer all copies, modifications, or merged portions, in 

whatever form, to the same party, or you must destroy those not transferred. 

3.1.3 For a SOFTWARE PRODUCT intended for use on Web-based systems: 

(a) You may run multiple Web applications with a single license. 

(b) You may distribute client side web page plug-ins (e.g. ActiveX controls, Java 

applets) to Users. 

(c) You may load this SOFTWARE PRODUCT on multiple machines within a 

hardware cluster that is acting as a single web server, provided you have 

obtained the applicable number of Load Balancing Licenses from Intergraph 

and the total number of map servers deployed do not exceed the quantity 

licensed. 

(d) You may only use the Developer’s License for development and testing of 

your website. 


3.1.4 Unless otherwise stated in the READ-ME file, you may only copy and distribute 

the Java script source files to support the SOFTWARE PRODUCT’s output 

vector map type and your associated websites, and you may prepare derivative 

works solely for your internal use. 

3.1.5 Unless otherwise stated in the READ-ME file, for SOFTWARE PRODUCTS 

which contain XSL Stylesheets for presenting XML Files, you may only use the 

XSL Stylesheets and derivative works thereof for the purpose of presenting XML 

Files and derivative works thereof (collectively, “XML Products”) for your 

enterprise. You may not distribute the XSL Stylesheets or XML Products on a 

stand-alone basis. XSL Stylesheets may not be used in the production of 

libelous, defamatory, fraudulent, lewd, obscene or pornographic material, or any 

material that infringes upon any third party intellectual property rights, or 

otherwise in any illegal manner. All XSL Stylesheets supplied with the 

SOFTWARE PRODUCT are and will remain the property of Intergraph. 

Unless otherwise stated in the READ-ME file, for SOFTWARE PRODUCTS that 

are delivered with a public Application Programming Interface (“API”) and/or 

configuration set-up, you may use the API and/or configuration set-up to 

customize and/or configure the SOFTWARE PRODUCT, but only to the extent 

permitted by the API and/or configuration set-up. You hereby agree to assign to 

Intergraph (without the need for any additional approval or documentation) any 

and all rights (if any) you have or obtain in any such customization and/or 

configuration. Intergraph does not make any representations or warranties with 

respect to such customization and/or configuration and to the maximum extent 

permitted by applicable law, Intergraph and its suppliers disclaim all warranties, 

either express or implied, relating to such customization and/or configuration, 

including, but not limited to, implied warranties of merchantability, fitness for a 

particular purpose, high risk use and non-infringement. Your use of such 

customization and/or configuration is solely at your own risk, and you hereby 

agree to indemnify and hold harmless Intergraph and its suppliers with respect 

to such customization and/or configuration. You shall not sell, rent, license, 

lease, lend or otherwise transfer any such customization and/or configuration, 

except pursuant to an intra-company transfer and per the terms and conditions 

of this EULA. 

3.1.6 You are responsible, and bear the sole risk, for backing up all systems, 

software, applications, and data, as well as properly using the SOFTWARE 

PRODUCT. 

3.1.7 At all times, you must keep, reproduce and include all copyright, patent, 

trademark and attribution notices on any copy, modification or portion of the 

SOFTWARE PRODUCT, including, without limitation, when installed, used, 

checked out, checked in and/or merged into another program. 

3.2 THE FOLLOWING ARE PROHIBITED FOR YOUR LICENSE: 


3.2.1 You may not sell, rent, license, lease, lend or otherwise transfer the 

SOFTWARE PRODUCT, or any copy, modification, or merged portion thereof, 

to another company or entity (i.e. inter-company transfer) or person. Any such 

unauthorized transfer will result in automatic and immediate termination of the 

license. 

3.2.2. You may not, and you may not authorize anyone else to, decompile, 

disassemble, or otherwise reverse engineer the SOFTWARE PRODUCT. 

3.2.3. You may not, and you may not authorize anyone else to, work around any 

technical limitations in the SOFTWARE PRODUCT. 

3.2.4 You may not, and you may not authorize anyone else to, publish the 

SOFTWARE PRODUCT for others to copy or use. 

3.2.5 You may not, and you may not authorize anyone else to, use, copy, modify, 

license or transfer the SOFTWARE PRODUCT, or any copy, modification, or 

merged portion, in whole or in part, except as expressly provided for in this 

EULA. 

3.2.6 You may not, and you may not authorize anyone else to, re-use the component 

parts of the SOFTWARE PRODUCT with a different software product from the 

one you are licensed to use or on different computers. The SOFTWARE 

PRODUCT is licensed as a single product. 

3.2.7 You may not, and you may not authorize anyone else to, circumvent any license 

mechanism in the SOFTWARE PRODUCT or the licensing policy. 

3.2.8 You may not, and you may not authorize or allow anyone else to, use or view 

the SOFTWARE PRODUCT for any purposes competitive with those of 

Intergraph. 

3.2.9 You may not, and you may not authorize anyone else to, use the SOFTWARE 

PRODUCT except as expressly set forth in this EULA. 

3.2.10 For desktop software that is Node-Locked: 

(a) You may not run the SOFTWARE PRODUCT for Web applications. 

(b) You may not allow the SOFTWARE PRODUCT to be used by multiple 

Users on a single workstation at the same time. 

3.2.11 You may not, and you may not authorize or allow anyone else to, use the 

Developer’s License for production purposes (i.e., a fully-deployed website). 

3.2.12 You may not, and you may not authorize or allow anyone else to, publish to a 

third party any results of benchmark tests run on the SOFTWARE PRODUCT. 


The sample and demo data set(s) and related script(s) delivered with some 

SOFTWARE PRODUCTS (the “Sample Data”) are provided solely for the 

purpose of instructing the User on how to use the SOFTWARE PRODUCT with 

which the Sample Data are delivered. The Sample Data are licensed in 

conjunction with the SOFTWARE PRODUCT and are not to be redistributed, 

licensed, sold, transferred, used or otherwise dealt with in a production solution 

without Intergraph’s prior written consent. 

3.2.13 You may not, and you may not authorize anyone else to, use the SOFTWARE 

PRODUCT outside the country in which it is licensed without the prior written 

consent of Intergraph. 

3.2.14 The SOFTWARE PRODUCT is not one hundred percent (100%) fault-tolerant. 

The SOFTWARE PRODUCT is not designed or intended for use in any situation 

where failure or fault of any kind of the SOFTWARE PRODUCT could lead to 

death or serious bodily injury of any person, or to severe physical, property or 

environmental damage (“High Risk Use”). You are not licensed to use the 

SOFTWARE PRODUCT in, or in conjunction with, any High Risk Use. High Risk 

Use is STRICTLY PROHIBITED. High Risk Use includes, for example, the 

following: operation of aircraft or other modes of human mass transportation, 

nuclear or chemical facilities, and Class III medical devices. You hereby agree 

not to use the SOFTWARE PRODUCT in, or in connection with, any High Risk 

Use. 

3.3 Indemnification by You. You agree to hold harmless and indemnify Intergraph for any 

causes of action, claims, costs, expenses and/or damages resulting to Intergraph from a 

breach by you or any User of any of the limitations or prohibited actions set forth in this 

EULA. 

4. TERM. This EULA is effective until terminated or until your software subscription expires 

without being renewed. You may terminate this EULA at any time by permanently destroying 

the SOFTWARE PRODUCT together with all copies, modifications and merged portions in any 

form. Intergraph may also immediately terminate this EULA if you fail to comply with the terms 

and conditions of this EULA, or if you fail to pay the appropriate license or subscription fee(s). 

You agree upon the earlier of the termination of this EULA or expiration of your software 

subscription to cease using and to permanently destroy the SOFTWARE PRODUCT (and any 

copies, modifications and merged portions of the SOFTWARE PRODUCT in any form, and all 

of the component parts of the SOFTWARE PRODUCT). 

5. AUDIT. Intergraph shall have the right, during your normal business hours, to audit your use of 

the SOFTWARE PRODUCT and your compliance with the provisions of this EULA. Intergraph 

will provide you with thirty (30) days prior written notice of an audit. The right of audit shall be 

limited to twice per calendar year. Prior to the start of an audit, Intergraph’s personnel will sign 

a reasonable non-disclosure agreement provided by you. During the audit, you shall allow 

Intergraph’s personnel to be provided reasonable access to both your records and personnel. 

The cost of the audit shall be paid by Intergraph unless the results of the audit indicate that you 


have underpaid fees to Intergraph, in which case, you agree to promptly pay Intergraph such 

fees at the price previously agreed to for the SOFTWARE PRODUCT license or software 

subscription plus interest on such underpayments from the original due date at the lesser of 

two percent (2%) per month or the highest rate allowed by applicable law, and you further 

agree to bear all costs associated with the audit. 

6. INTELLECTUAL PROPERTY 

6.1 Ownership 

6.1.1 Software. ALL SOFTWARE PRODUCTS ARE PROPRIETARY PRODUCTS OF 

INTERGRAPH AND ADDITIONAL THIRD PARTIES, AND ARE PROTECTED 

BY COPYRIGHT LAWS AND INTERNATIONAL TREATIES. TITLE TO 

SOFTWARE PRODUCTS AND ALL COPIES, MODIFICATIONS AND MERGED 

PORTIONS OF A SOFTWARE PRODUCT SHALL AT ALL TIMES REMAIN 

WITH INTERGRAPH AND SUCH THIRD PARTIES. SOFTWARE PRODUCTS 

are licensed, not sold pursuant to this EULA. Intergraph and additional third 

parties retain all right, title and interest in and to all SOFTWARE PRODUCTS, 

including, but not limited to, all Intellectual Property rights in and to each 

SOFTWARE PRODUCT. All rights not expressly granted to you by this EULA or 

other applicable third party software license agreement or terms and conditions 

are reserved by Intergraph and such third parties. 

6.1.2 Intellectual Property. You acknowledge and agree that Intergraph and third party 

manufacturers, as applicable, own all rights in and to Intergraph’s and the 

applicable third party manufacturer’s trade names, and no right or license is 

granted to you pursuant to this EULA to use such trade names. You also 

acknowledge and agree that Intergraph and third party manufacturers, as 

applicable, own all right, title and interest in and to all intellectual property 

relating to and for the SOFTWARE PRODUCT, including, without limitation, 

patents, trademarks, copyrights, inventions (whether registerable or not), trade 

secrets, concepts, ideas, methods, techniques, formulae, algorithms, logic 

designs, screen displays, schematics, and source and object code computer 

programs (collectively, “Intellectual Property”). If you bring a patent claim against 

Intergraph or any third party manufacturer over patents you claim are being 

infringed by the SOFTWARE PRODUCT, your patent license from Intergraph 

and any applicable third party manufacturer(s) for the SOFTWARE PRODUCT 

automatically ends. 

6.2 Intellectual Property Infringement. 

6.2.1 Remedy by Intergraph. In the event the SOFTWARE PRODUCT is, in 

Intergraph’s opinion, likely to or becomes the subject of a claim of infringement 

of any duly issued U.S. Intellectual Property or other proprietary rights of a third 

party, Intergraph may, at its sole option and expense (a) procure for you the 

right to continue using the SOFTWARE PRODUCT; (b) modify the SOFTWARE 


PRODUCT to make it non-infringing, but functionally the same; (c) replace the 

SOFTWARE PRODUCT with a SOFTWARE PRODUCT which is non-infringing, 

but functionally the same; or (d) provide a prorated refund to you of the actual 

amount you paid Intergraph for the SOFTWARE PRODUCT. 

6.2.2 Indemnification by You. In the event any proceeding (suit, claim, or action) is 

based (in whole or in part) on modifications, enhancements or additions made 

by you or any person or entity on your behalf, or your use of the SOFTWARE 

PRODUCT in combination with other products not furnished by Intergraph, you 

agree to hold harmless and defend, at your sole cost and expense, all of 

Intergraph’s right, title and interest in and to the SOFTWARE PRODUCT, as 

well as Intergraph’s goodwill and reputation both in good faith and at a standard 

as if the claim is made against you. You shall reimburse Intergraph any defense 

expenses inclusive of reasonable attorneys’ fees expended by Intergraph in 

defense of said claim, and pay any judgment rendered against Intergraph. You 

shall make such defense by counsel of your choosing and Intergraph shall 

reasonably cooperate with said counsel at your sole cost and expense. You 

shall have sole control of said defense, but you shall allow Intergraph to 

reasonably participate in its own defense and you shall reasonably cooperate 

with Intergraph with respect to the settlement of any claim. Notwithstanding the 

foregoing, Intergraph may at any time decide to take over any defense of 

Intergraph at Intergraph’s cost and expense and you shall render full 

cooperation and assistance to transfer such defense to Intergraph and with 

respect to such defense. 

6.3 DISCLAIMER OF INTELLECTUAL PROPERTY WARRANTIES AND LIMITATION OF 

LIABILITY. THE INTELLECTUAL PROPERTY LIMITED WARRANTIES SET FORTH IN 

THIS EULA ARE IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, 

RELATED TO INTELLECTUAL PROPERTY INFRINGEMENT AND THESE 

INTELLECTUAL PROPERTY LIMITED WARRANTIES ALONG WITH THE STATED 

REMEDIES REPRESENT THE FULL AND TOTAL WARRANTY OBLIGATION AND 

LIABILITY OF INTERGRAPH WITH REGARD TO INTELLECTUAL PROPERTY 

INFRINGEMENT. THE INTELLECTUAL PROPERTY LIMITED WARRANTIES 

PROVIDE YOU WITH SPECIFIC LEGAL RIGHTS. YOU MAY HAVE OTHER RIGHTS, 

WHICH VARY FROM JURISDICTION TO JURISDICTION. IF ANY PART OF THIS 

DISCLAIMER OF EXPRESS OR IMPLIED WARRANTIES OR LIMITATION OF 

LIABILITY IS RULED INVALID, THEN INTERGRAPH DISCLAIMS EXPRESS OR 

IMPLIED WARRANTIES AND LIMITS ITS LIABILITY TO THE MAXIMUM EXTENT 

ALLOWED BY APPLICABLE LAW. IF A GREATER WARRANTY OR LIABILITY IS 

MANDATED PURSUANT TO THE LAW HELD APPLICABLE TO THIS AGREEMENT, 

THEN INTERGRAPH WARRANTS THE SOFTWARE PRODUCT AND PROVIDES 

LIABILITY TO THE MINIMUM EXTENT REQUIRED BY SAID LAW. 

7. LIMITED WARRANTIES. 


7.1 Intergraph warrants to you for a period of thirty (30) days from the date of shipment that 

the SOFTWARE PRODUCT delivery media will be free of defects in material and 

workmanship, provided the SOFTWARE PRODUCT is used under normal conditions 

and in strict accordance with the terms and conditions of this EULA. You agree to 

promptly notify Intergraph of any unauthorized use, repair or modification, or misuse of 

the SOFTWARE PRODUCT, as well as any suspected defect in the SOFTWARE 

PRODUCT delivery media. 

7.2 Intergraph warrants that it has the right to grant you this license. 

7.3 THE ABOVE LIMITED WARRANTIES ARE IN LIEU OF ALL OTHER WARRANTIES, 

EXPRESS OR IMPLIED, AND REPRESENT THE FULL WARRANTY OBLIGATION OF 

INTERGRAPH. THE LIMITED WARRANTIES PROVIDE YOU WITH SPECIFIC LEGAL 

RIGHTS. YOU MAY HAVE OTHER RIGHTS, WHICH VARY FROM JURISDICTION TO 

JURISDICTION. IF THIS WARRANTY SECTION DOES NOT ADHERE TO LOCAL 

LAWS, THEN THE MINIMUM WARRANTY TERM PRESCRIBED BY THE LAWS OF 

YOUR JURISDICTION SHALL APPLY. 

8. WARRANTY DISCLAIMERS. ALL WARRANTIES PROVIDED PURSUANT TO THIS EULA ARE 

VOID IF FAILURE OF A WARRANTED ITEM RESULTS DIRECTLY, OR INDIRECTLY, FROM 

AN UNAUTHORIZED USE OR MISUSE OF A WARRANTED ITEM, INCLUDING, WITHOUT 

LIMITATION, USE OF A WARRANTED ITEM UNDER ABNORMAL OPERATING 

CONDITIONS OR UNAUTHORIZED MODIFICATION OR REPAIR OF A WARRANTED ITEM 

OR FAILURE TO ROUTINELY MAINTAIN A WARRANTED ITEM. EXCEPT AS 

SPECIFICALLY SET FORTH IN THIS EULA, TO THE MAXIMUM EXTENT PERMITTED BY 

APPLICABLE LAW, INTERGRAPH AND ITS SUPPLIERS DISCLAIM ALL WARRANTIES, 

EITHER EXPRESS OR IMPLIED, RELATING TO THE SOFTWARE PRODUCT, INCLUDING, 

BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A 

PARTICULAR PURPOSE, HIGH RISK USE AND NON-INFRINGEMENT. INTERGRAPH 

DOES NOT WARRANT THAT ANY SOFTWARE PRODUCT WILL MEET YOUR 

REQUIREMENTS, AND UNDER NO CIRCUMSTANCES DOES INTERGRAPH WARRANT 

THAT ANY SOFTWARE PRODUCT WILL OPERATE UNINTERRUPTED OR ERROR FREE. 

THE SOFTWARE PRODUCT IS PROVIDED “AS IS” AND YOU BEAR THE SOLE RISK OF 

USING THE SOFTWARE PRODUCT. IF ANY PART OF THIS DISCLAIMER OF EXPRESS 

OR IMPLIED WARRANTIES IS RULED INVALID, THEN INTERGRAPH DISCLAIMS 

EXPRESS OR IMPLIED WARRANTIES TO THE MAXIMUM EXTENT ALLOWED BY 

APPLICABLE LAW. IF A GREATER WARRANTY OR LIABILITY IS MANDATED PURSUANT 

TO THE LAW HELD APPLICABLE TO THIS AGREEMENT, THEN INTERGRAPH 

WARRANTS THE SOFTWARE PRODUCT AND PROVIDES LIABILITY TO THE MINIMUM 

EXTENT REQUIRED BY SAID LAW. 

9. LIMITATION OF LIABILITY. YOU ASSUME FULL AND COMPLETE LIABILITY FOR YOUR 

USE OF THE SOFTWARE PRODUCT. TO THE MAXIMUM EXTENT PERMITTED BY 

APPLICABLE LAW, IN NO EVENT SHALL INTERGRAPH OR ITS SUPPLIERS BE LIABLE 

FOR ANY SPECIAL, INCIDENTAL, INDIRECT, PUNITIVE, OR CONSEQUENTIAL DAMAGES 

WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE OR 


PRODUCTION, LOSS OF REVENUE OR PROFIT, LOSS OF DATA, LOSS OF BUSINESS 

INFORMATION, BUSINESS INTERRUPTION, CLAIMS OF THIRD PARTIES OR ANY 

OTHER PECUNIARY LOSS) ARISING OUT OF THIS AGREEMENT AND/OR THE USE OF 

OR INABILITY TO USE THE SOFTWARE PRODUCT, EVEN IF INTERGRAPH HAS BEEN 

ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL INTERGRAPH 

BE LIABLE FOR ANY CLAIM, DAMAGES, OR OTHER LIABILITY ARISING OUT OF, OR IN 

CONNECTION WITH, THE DOWNLOADING, VIEWING, USE, DUPLICATION, 

DISTRIBUTION OR DISCLOSURE OF ANY SAMPLE DATA PROVIDED BY INTERGRAPH, 

INCLUDING, BUT NOT LIMITED TO, ANY CLAIM, LIABILITY OR DIRECT, INDIRECT, 

INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, OR LOSS OR 

CORRUPTION OF DATA ARISING FROM, OUT OF OR IN CONNECTION WITH, THE 

SAMPLE DATA OR THE USE OR OTHER DEALINGS WITH THE SAMPLE DATA. 

INTERGRAPH’S ENTIRE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THIS 

EULA SHALL BE LIMITED TO THE AMOUNT ACTUALLY PAID BY YOU TO INTERGRAPH 

FOR THE SOFTWARE PRODUCT OR SOFTWARE SUBSCRIPTION AT ISSUE AT THE 

TIME THE INITIAL EVENT GIVING RISE TO THE CLAIM OCCURS. EXCEPT AS 

OTHERWISE PROVIDED BY APPLICABLE LAW, NO CLAIM, REGARDLESS OF FORM, 

ARISING OUT OF OR RELATING TO THIS EULA MAY BE BROUGHT BY YOU MORE THAN 

ONE (1) YEAR FOLLOWING THE INITIAL EVENT GIVING RISE TO THE CAUSE OF 

ACTION. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR 

LIMITATION OF LIABILITY, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF ANY 

PART OF THIS SECTION IS HELD INVALID, THEN INTERGRAPH LIMITS ITS LIABILITY TO 

THE MAXIMUM EXTENT ALLOWED BY APPLICABLE LAW. 

9.1 In the event the SOFTWARE PRODUCT does not substantially comply with the limited 

warranties set forth in this EULA, Intergraph’s entire liability and your exclusive remedy 

shall be, in Intergraph’s sole and absolute discretion, either (i) the modification, repair or 

replacement of the SOFTWARE PRODUCT; or (ii) a prorated refund to you of the actual 

amount you paid Intergraph for the SOFTWARE PRODUCT for the period of time that 

the SOFTWARE PRODUCT did not substantially conform to the limited warranties set 

forth in this EULA. 

9.2 Intergraph is acting on behalf of its suppliers for the sole purpose of disclaiming, 

excluding and/or limiting obligations, warranties and liability as provided in this EULA, 

but in no other respects and for no other purpose. 

10. RESTRICTIONS. 

10.1 United States Government Restricted Rights. If the SOFTWARE PRODUCT (including 

any Updates, documentation or technical data related to such SOFTWARE PRODUCT) 

is licensed, purchased, subscribed to or obtained, directly or indirectly, by or on behalf of 

a unit or agency of the United States Government, then this Section 10.1 also applies. 

10.1.1 For civilian agencies: The SOFTWARE PRODUCT was developed at private 

expense and is “restricted computer software” submitted with restricted rights in 


accordance with the Federal Acquisition Regulations (“FAR”) 52.227-19 (a) 

through (d) (Commercial Computer Software – Restricted Rights). 

10.1.2 For units of the Department of Defense: The SOFTWARE PRODUCT was 

developed at private expense and is “commercial computer software” submitted 

with restricted rights in accordance with the Defense Federal Acquisition 

Regulations (“DFARS”) DFARS 227.7202-3 (Rights in commercial computer 

software or commercial computer software documentation). 

10.1.3 Notice: This SOFTWARE PRODUCT is “commercial computer software” as 

defined in DFARS 252.227-7014 (Rights in Noncommercial Computer Software) 

and FAR 12.212 (Computer Software), which includes “technical data” as 

defined in DFARS 252.227-7015 (Technical Data) and FAR 12.211 (Technical 

Data). All use, modification, reproduction, release, performance, display or 

disclosure of this “commercial computer software” shall be in strict accordance 

with the manufacturer’s standard commercial license, which is attached to and 

incorporated into the governing Government contract. Intergraph and any 

applicable third party software manufacturer(s) are the manufacturer. This 

SOFTWARE PRODUCT is unpublished and all rights are reserved under the 

Copyright Laws of the United States. 

10.2 Export Restrictions. This SOFTWARE PRODUCT, including any technical data related to 

this SOFTWARE PRODUCT, is subject to the export control laws and regulations of the 

United States. Diversion contrary to United States law is prohibited. This SOFTWARE 

PRODUCT, including any technical data related to this SOFTWARE PRODUCT and any 

derivatives of this SOFTWARE PRODUCT, shall not be exported or re-exported, directly 

or indirectly (including via remote access), under the following circumstances: 

10.2.1 To Cuba, Iran, North Korea, Sudan, or Syria, or any national of these countries. 

10.2.2 To any person or entity listed on any United States government denial list, 

including, but not limited to, the United States Department of Commerce Denied 

Persons, Entities, and Unverified Lists 

(www.bis.doc.gov/complianceandenforcement/liststocheck.htm), the United 

States Department of Treasury Specially Designated Nationals List 

(www.treas.gov/offices/enforcement/ofac/), and the United States Department of 

State Debarred List (http://www.pmddtc.state.gov/compliance/debar.html). 

10.2.3 To any entity if you know, or have reason to know, the end use is related to the 

design, development, production, or use of missiles, chemical, biological, or 

nuclear weapons, or other unsafeguarded or sensitive nuclear uses. 

10.2.4 To any entity if you know, or have reason to know, that an illegal reshipment will 

take place. 


11. If the SOFTWARE PRODUCT you received is identified on the media as being ITARcontrolled, 

this SOFTWARE PRODUCT has been determined to be a defense article subject to 

the U.S. International Traffic in Arms Regulations (ITAR). Export of this SOFTWARE 

PRODUCT from the United States must be covered by a license issued by the Directorate of 

Defense Trade Controls (DDTC) of the U.S. Department of State or by an ITAR license 

exemption. This SOFTWARE PRODUCT may not be resold, diverted, or transferred to any 

country or any end user, or used in any country or by any end user other than as authorized by 

the existing license or ITAR exemption. Subject to the terms of this EULA, this SOFTWARE 

PRODUCT may be used in other countries or by other end users if prior written approval of 

DDTC is obtained. 

12. You agree to hold harmless and indemnify Intergraph for any causes of actions, claims, costs, 

expenses and/or damages resulting to Intergraph from a breach by you or any User of the 

export restrictions set forth in this EULA. Any questions regarding export or re-export of the 

SOFTWARE PRODUCT or concerning ITAR restrictions, if applicable, should be addressed to 

Intergraph’s Export Compliance Department at 170 Graphics Drive, Madison, Alabama, United 

States 35758 or at exportcompliance@intergraph.com. 

You agree to hold harmless and indemnify Intergraph for any causes of actions, claims, costs, 

expenses and/or damages resulting to Intergraph from a breach by you or any User of the 

export restrictions set forth in this EULA. Any questions regarding export or re-export of the 

SOFTWARE PRODUCT or concerning ITAR restrictions, if applicable, should be addressed to 

Intergraph’s Export Compliance Department at 170 Graphics Drive, Madison, Alabama, United 

States 35758 or at exportcompliance@intergraph.com. 

12.1 Territorial Use Restriction. Unless otherwise specifically permitted in writing by 

Intergraph, use of the SOFTWARE PRODUCT outside the country in which it is licensed 

is strictly prohibited. 

12.2 Non-disclosure. You understand that Intergraph possesses information and data, 

including, without limitation, Intellectual Property, that was developed, created or 

discovered by Intergraph, or which has become known to or has been conveyed to 

Intergraph, which has commercial value in Intergraph’s day-to-day business 

(“Confidential Information”). Intergraph considers such Confidential Information to be 

proprietary and confidential. You agree to treat and maintain as proprietary and 

confidential Intergraph’s Confidential Information and any information or data provided 

by Intergraph, in whatever form, as you would treat your own proprietary and confidential 

information and data, but in any event, no less than with reasonable care, and to comply 

with all license requirements, copyright, patent, trademark and trade secret laws as they 

may pertain to any of Intergraph’s Confidential Information or other information or data 

provided by Intergraph. 

13. GENERAL 

13.1 Entire Agreement. You acknowledge that you have read this EULA, understand it and 

agree to be bound by its terms and conditions. You further agree that this EULA is the 


complete and exclusive statement of the agreement between you and Intergraph relating 

to the subject matter of this EULA and that this EULA supersedes any proposal or prior 

agreement, oral or written, and any other communications between you and Intergraph 

relating to the subject matter of this EULA. This EULA may be amended only by a written 

instrument signed by both you and Intergraph; provided however, certain Intergraph 

SOFTWARE PRODUCTS and Updates may be subject to additional terms and 

conditions contained in a EULA Addendum or separate EULA that is delivered with the 

applicable SOFTWARE PRODUCT or Update. Any reproduction of this EULA made by 

reliable means (for example, printed, photocopy or facsimile) will be deemed an original. 

13.2 Severability. Whenever possible, each provision of this EULA shall be interpreted in such 

a manner as to be effective and valid under applicable law. However, if any provision of 

this EULA shall be prohibited by or invalid under applicable law, such provision shall be 

ineffective only to the extent of such prohibition or invalidity without invalidating the 

remainder of such provision or the remaining provisions of this EULA. 

13.3 Headings. The various headings in this EULA are inserted for convenience only and shall 

not affect the meaning or interpretation of this EULA or any section or provision of this 

EULA. 

13.4 No Waiver. Any failure by either party to enforce performance of this EULA shall not 

constitute a waiver of, or affect said party’s right to avail itself of, such remedies as it 

may have for any subsequent breach of the terms of this EULA. 

13.5 Notices. Any notice or other communication (“Notice”) required or permitted under this 

EULA shall be in writing and either delivered personally or sent by electronic mail, 

facsimile, overnight delivery, express mail, or certified or registered mail, postage 

prepaid, return receipt requested. A Notice delivered personally shall be deemed given 

only if acknowledged in writing by the person to whom it is given. A Notice sent by 

electronic mail or facsimile shall be deemed given when transmitted, provided that the 

sender obtains written confirmation from the recipient that the transmission was 

received. A Notice sent by overnight delivery or express mail shall be deemed given 

twenty-four (24) hours after having been sent. A Notice that is sent by certified mail or 

registered mail shall be deemed given forty-eight (48) hours after it is mailed. If any time 

period in this EULA commences upon the delivery of Notice to any one or more parties, 

the time period shall commence only when all of the required Notices have been 

deemed given. Intergraph’s address for Notices is Intergraph Corporation, 170 Graphics 

Drive, Madison, Alabama 35758, Attn: Legal Department, 256-730-2333. 

13.6 Assignment. Neither party shall have the right to assign any of its rights nor delegate any 

of its obligations under this EULA without the prior written consent of the other party, 

except that Intergraph may assign its rights and obligations under this EULA, without 

your approval, to (i) an entity which acquires all or substantially all of the assets of 

Intergraph or the Intergraph division providing a product or service subject to this EULA; 

(ii) an entity which acquires all or substantially all of the product or product line assets 

subject to this EULA; or (iii) any subsidiary, affiliate or successor in a merger or 


acquisition of Intergraph. Any attempt by you to sublicense, assign or transfer the license 

or the SOFTWARE PRODUCT, except as expressly provided in this EULA, is void and 

immediately terminates the license. 

13.7 Other Intergraph software products. If you have or use other Intergraph software 

products, please read this EULA and all other terms and conditions carefully, as there 

may be differences in the terms and conditions. 

13.8 Limited Relationship. The relationship between you and Intergraph is that of independent 

contractors and neither you nor your agents shall have any authority to bind Intergraph. 

13.9 Governing Law; Venue and Jurisdiction. This EULA shall for all purposes be construed 

and enforced under and in accordance with the Laws of the State of Alabama and shall 

have been deemed to have been accepted in Madison, Alabama, United States. You 

and Intergraph agree that any legal action or proceeding arising, directly or indirectly, out 

of or relating to this EULA shall be instituted in the Circuit Court for Madison County, 

Alabama, United States or the United States District Court for the Northern District of 

Alabama, Northeastern Division. You and Intergraph agree to submit to the jurisdiction 

of and agree that venue is proper in these courts for any such legal action or 

proceedings. This EULA shall not be governed by the conflict of law rules of any 

jurisdiction or the United Nations Convention on Contracts for the International Sale of 

Goods, the application of which is expressly excluded. 

13.10 WAIVER OF JURY TRIAL. INTERGRAPH AND YOU EACH HEREBY WAIVE, TO THE 

FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ANY RIGHT EITHER MAY 

HAVE TO A TRIAL BY JURY FOR ANY LEGAL PROCEEDING ARISING, DIRECTLY 

OR INDIRECTLY, OUT OF OR RELATING TO THIS EULA. BOTH INTERGRAPH AND 

YOU (I) CERTIFY THAT NO REPRESENTATIVE, AGENT OR ATTORNEY OF ANY 

OTHER PARTY HAS REPRESENTED, EXPRESSLY OR OTHERWISE, THAT SUCH 

OTHER PARTY WOULD NOT, IN THE EVENT OF LITIGATION, SEEK TO ENFORCE 

THE FOREGOING WAIVER; AND (II) ACKNOWLEDGE THAT BOTH INTERGRAPH 

AND YOU HAVE BEEN INDUCED TO ENTER INTO THIS EULA BY, AMONG OTHER 

THINGS, THE MUTUAL WAIVERS AND CERTIFICATIONS IN THIS WAIVER OF JURY 

TRIAL. 

13.11 Injunctive Relief; Cumulative Remedies. You acknowledge and agree that a breach of 

this EULA by you could cause irreparable harm to Intergraph for which monetary 

damages may be difficult to ascertain or may be an inadequate remedy. You agree that 

Intergraph will have the right, in addition to its other rights and remedies, to seek and 

obtain injunctive relief for any breach of this EULA by you, and you expressly waive any 

objection that Intergraph has or may have an adequate remedy at law with respect to 

any such breach. The rights and remedies set forth in this EULA are cumulative and 

concurrent and may be pursued separately, successively or together. 

13.12 Attorneys’ Fees and Costs. In the event of any legal proceeding arising out of or relating 

to this EULA, the prevailing party in such action shall be entitled to an award of its 


easonable attorneys’ fees and costs for all such legal proceedings, including for trial and 

all levels of appeal. 

13.13 Governing Language. The controlling language of this EULA is English. If you received a 

translation of this EULA into another language, it has been provided for your 

convenience only. 

13.14 USE OUTSIDE THE UNITED STATES. If you are located outside the United States, then 

the provisions of this section shall also apply: (i) Les parties en présence confirment leur 

volonté que cette convention de même que tous les documents y compris tout avis qui 

s’y rattachent, soient rédigés en langue anglaise (Translation: “The parties confirm that 

this agreement and all related documentation is and will be in the English language.”); 

and (ii) You are responsible for complying with any local laws in your jurisdiction which 

might impact your right to import, export or use the SOFTWARE PRODUCT, and you 

represent that you have complied with any and all regulations or registration procedures 

required by applicable law to make this EULA fully enforceable. 

13.15 Survival. The provisions of this EULA which require or contemplate performance after 

the expiration or termination of this EULA shall be enforceable notwithstanding said 

expiration or termination. 

14. ADDITIONAL TERMS FOR SPECIFIC SOFTWARE PRODUCTS. 

14.1 GeoMedia Software – Additional Terms. The software license specifically for GeoMedia 

Viewer permits copies to be stored on hard disk and loaded for execution on one or 

more workstations. The GeoMedia Viewer software may be freely copied, transferred 

and loaned both inside and outside your company. 

14.2 Beta Software - Additional Terms. If the SOFTWARE PRODUCT you received with this 

EULA is pre-commercial release or beta software (“Beta Software”), then the following 

additional terms apply. To the extent that any provision in this section is in conflict with 

any other terms or conditions in this EULA, this section shall supersede such other terms 

and conditions with respect to the Beta Software, but only to the extent necessary to 

resolve the conflict. You shall hold all information concerning Beta Software and your 

use and evaluation of such information and the Beta Software (collectively, “Beta 

Software Information”) in confidence and with the same degree of care you use to keep 

your own similar information confidential, but in no event shall you use less than a 

reasonable degree of care; and you shall not, without the prior written consent of 

Intergraph, disclose such Beta Software Information to any person or entity for any 

reason at any time; provided, however, it is understood that you may disclose any Beta 

Software Information to those of your representatives who actually need such 

information for the purpose of participating in the proposed evaluation and testing (“Beta 

Testing”) of the Beta Software, on the condition that, prior to such disclosure, such 

representative has been made aware of the terms of this EULA. You shall not use any 

Beta Software Information for any reason or purpose other than as necessary for Beta 

Testing. You agree to make no other use of the Beta Software Information or to 


incorporate any Beta Software Information into any work or product. You acknowledge 

that the Beta Software is a pre-release, beta version, does not represent final product 

from Intergraph, and may contain bugs, errors and other problems that could cause 

system or other failures and data loss. THE BETA SOFTWARE IS PROVIDED TO YOU 

“AS-IS”, AND INTERGRAPH DISCLAIMS ALL WARRANTY AND LIABILITY 

OBLIGATIONS TO YOU OF ANY KIND. You may use the Beta Software only for 

evaluation and testing and not for general production use. You acknowledge that 

Intergraph has not promised or guaranteed to you that Beta Software or any portion 

thereof will be announced or made available to anyone in the future, Intergraph has no 

express or implied obligation to you to announce or introduce the Beta Software and that 

Intergraph may not introduce a product similar to or compatible with the Beta Software. 

Accordingly, you acknowledge that any research or development that you perform 

regarding the Beta Software or any product associated with the Beta Software is done 

entirely at your own risk. During the term of this EULA, if requested by Intergraph, you 

will provide feedback to Intergraph regarding Beta Testing, including error or bug reports. 

Upon receipt of a later unreleased version of Beta Software or release by Intergraph of a 

publicly released commercial version of the SOFTWARE PRODUCT, you agree to return 

or permanently destroy all earlier Beta Software received from Intergraph. You agree 

that you will return or destroy all unreleased versions of the Beta Software within thirty 

(30) days of the completion of Beta Testing when such date is earlier than the date for 

Intergraph’s first commercial shipment of the publicly released commercial software. 

14.3 Evaluation Software - Additional Terms. If the SOFTWARE PRODUCT you have 

received with this EULA is provided specifically for evaluation purposes (“Evaluation 

Software”), then the following section applies until such time that you purchase a license 

of the full retail version of the SOFTWARE PRODUCT. To the extent that any provision 

in this section is in conflict with any other term or condition in this EULA, this section 

shall supersede such other terms and conditions with respect to the Evaluation Software, 

but only to the extent necessary to resolve the conflict. You may use the Evaluation 

Software only for evaluation and testing and not for general production use. You 

acknowledge that the Evaluation Software may contain limited functionality and/or may 

function for a limited period of time. Intergraph is licensing the Evaluation Software on an 

“AS-IS” basis, solely for your evaluation to assist in your purchase decision. If the 

Evaluation Software is a timeout version, then the program will terminate operation after 

a designated period of time following installation (the “Time Out Date”). Upon such Time 

Out Date, the Evaluation Software license will cease operation and you will not be able 

to use the SOFTWARE PRODUCT, unless you purchase a license for a full retail version 

of the SOFTWARE PRODUCT. You acknowledge that such Evaluation Software shall 

cease operation upon the Time Out Date and accordingly, access to any files or output 

created with such Evaluation Software or any product associated with the Evaluation 

Software is done entirely at your own risk. 

14.4 Educational Software Product – Additional Terms. If the SOFTWARE PRODUCT you 

have received with this EULA is Educational Software Product (where either an 

education price is paid for the SOFTWARE PRODUCT, or the SOFTWARE PRODUCT 


is received by virtue of your participation in an Intergraph program designed for 

educational or research institutions, or is received through an education grant from 

Intergraph), you are not entitled to use the SOFTWARE PRODUCT unless you qualify in 

your jurisdiction as an Educational End User. You may use the Educational Software 

Product only for educational and research purposes. Commercial and general production 

use of Educational Software Products is specifically prohibited. Additional terms and 

conditions, as well as the definition of an Educational End User, are detailed in 

Intergraph’s Education Policy which is available from Intergraph upon request. 


ATTACHMENT A-4: ODYSSEY INTEGRATION CPD DOCUMENTS 

The following Word documents are included in this SOW as reference: 

A-4a Nueces ILEADS-Odyssey Integration CPD - Booking Exchange 

A-4b Nueces ILEADS-Odyssey Integration CPD - Case Filing Exchange 

A-4c Nueces ILEADS-Odyssey Integration CPD - Charge Update Exchange 

A-4d Nueces ILEADS-Odyssey Integration CPD - Disposition Exchange 

A-4e Nueces ILEADS-Odyssey Integration CPD - Integration Overview 

A-4f Nueces ILEADS-Odyssey Integration CPD - Re-arrest Scenarios 

A-4g Nueces ILEADS-Odyssey Integration CPD - Release Exchange 

A-4h Nueces ILEADS-Odyssey Integration CPD - Warrant Query Exchange 


Price Quote for Nueces County, TX 

Valid through 08/15/2012 

11-NuCnty_TX1-R1 

I/LEADS Web Interface US$ US$ US$ 

Item Description By Functional Use Purpose Qty Unit Price Total Price 

Software 

Maint. 

I/LEADS Custom Web Interface with Tyler Technologies (IPSRMSCUST-1) 1 $ 207,928 $ 207,928 $ 35,750 

Services 

Project Support Services 1 $ 11,900 $ 11,900 

Interface Implementation Services 1 $ 26,407 $ 26,407 

Grand Total Exclusive of Maintenance, Taxes Tax Exemption assumed $ 246,235 $ 35,750 

Notes: 

1. Estimated first year software maintenance has been included in this quote. Actual maintenance price will be quoted by Intergraph Maintenance Contracts upon shipment 

based on maintenance renewal date. 

2. Intergraph requires remote access to the customers' servers to complete the effort as quoted. 

3. Sales tax is not included in this quote. Final sales tax billed will reflect the applicable tax rates at time of sale as required by law. 

NuecesCnty_LEADS Web IF-Tyler_$Q021712lps2$-Draft.xlsm Intergraph Confidential and Proprietary Information Page 1 of 1



Christus Spohn Health Network 

Submitted By: Steve Waterman, Commissioners Court 

Admin 



Information 

Discuss and consider exercising Renewal Option to the Nueces County and CHRISTUS Spohn Health Network 

Agreement for Network Services (In-Area Only). 

BACKGROUND 

DISCUSSION 

Spohn Renewal Option 

Attachments

ELECTION TO EXERCISE RENEWAL OPTION 

This election to renew Nueces County and CHRISTUS Spohn Health Network agreement for 

Network Services (In-Area Only) (the "Network Agreement") shall hereby be effective October 

1, 2012 (the "Effective Date") by and between Christus Spohn Health Network and Nueces 

County. 

WHEREAS, Nueces County and CHRISTUS Spohn Health Network executed the Network 

Agreement with an effective date of October 1,2008 for an initial thirty-six month term; 

WHEREAS, Pursuant to Section 1.0 of the Network Agreement, Nueces County has the option, 

at Nueces County's election, to renew the Network Agreement for up to two (2) successive 

twelve month terms by providing written notice prior to the expiration of the current term, 

which will end on September 30, 2012; 

WHEREAS, County has elected to exercise its second option to renew the Network Agreement 

for a twelve month term (the "Renewal Option"); 

WHEREAS, the Agreement requires that any renewal or extension of the agreement or revision 

of rates after the original 3 year term shall be by mutual written agreement ofthe parties; 

Now, therefore: 

By signing this document, the parties acknowledge that the Network Agreement shall continue 

in full force and effect for an additional twelve month term beginning on the Effective Date and 

continuing through September 30, 2013. This Renewal Option shall not revise any term or 

condition of the Network Agreement. 

Nueces County CHRISTUS Spohn Health Network 

--------------------------- --------------------------- 

By: By: 

Printed Name:,___________________ 

Printed Name: ___________________ 

TItle:__________________________ Title:_________________________ 

Date of Signature:_________________ Date of Signature:_________________



Secondary Network Services - HealthSmart 


Admin 



Information 

Discuss and consider execution of a contract for RFP No. 2910-12 Secondary (Wrap) Network Services, Disease 

Management, Pre-Certification/Utilization Programs, and COBRA/HIPAA Administration with HealthSmart. 

BACKGROUND 

DISCUSSION 

HealthSmart Benefits (Wrap) 

Attachments

HealthSmart Benefit Solutions, Inc. 

Administrative Services Agreement 

This Administrative Services Agreement (the "Agreement") is entered into this 1st day of 

October, 2012 by and between HealthSmart Benefit Solutions, Inc., an Illinois corporation 

("HBS") and Nueces County ("Customer"), as Plan Sponsor and/or Administrator of a selffunded 

employee benefits plan (the "Plan"). 

ARTICLE I. 

SERVICES AND TERM 

1.1 Provision of Services. Subject to the terms and conditions of this Agreement, for the 

term of this Agreement, HBS shall provide to Customer, and Customer shall purchase 

from HBS, the Services as set forth in this Agreement and any Exhibits attached hereto. 

1.2 Term. The initial term of this Agreement shall be for a period of thirty six (36) months 

commencing on October 1, 2012 (the "Effective Date") and ending on September 30, 

2015. This Agreement shall automatically renew thereafter on a year-to-year basis upon 

the same terms and conditions unless either party provides the other with written notice 

of the desire to terminate or modify this Agreement at least sixty (60) days prior to the 

end of the initial term or any annual anniversary date thereafter. 

1.3 Scope of Undertaking. Customer has sole and final authority to control and manage 

operation of the Plan. HBS is and shall remain an independent contractor with respect 

to the services being performed hereunder and shall not for any purpose be deemed an 

employee of Customer. HBS and Customer shall not be deemed partners, engaged in a 

joint venture or governed by any legal relationship other than that of independent 

contractors. HBS does not assume any responsibility for the general design of the Plan, 

the adequacy of funding required by the Plan, or any act or omission or breach of duty 

by Customer. HBS shall not in any way be deemed to be an insurer, underwriter, or 

guarantor with respect to any benefits payable under the Plan. HBS provides claims 

administration services only and does not assume any financial risk or obligation with 

respect to claims for benefits payable by Customer under the Plan. Nothing herein shall 

be deemed to constitute HBS as a party to the Plan or to confer upon HBS any authority 

or control respecting management of the Plan, authority or responsibility in connection 

with administration of the Plan, or responsibility for the terms or validity of the Plan. 

Nothing in this Agreement shall be deemed to impose upon HBS any obligation to any 

employee of Customer or any person who is participating in the Plan. 

ARTICLE II. 

HBS OBLIGATIONS 

2.1 HBS Obligations. HBS's sole responsibilities to Customer shall be limited to those 

described in this Agreement and any Exhibits attached hereto. As of the Effective Date, 

HBS shall: 

(a) Provide the Administrative Claims Processing Services to Customer in accordance 

with Exhibit "B" attached hereto and incorporated herein by reference. 

(b) Provide the Care Management Services to Customer in accordance with Exhibit 

"cn attached hereto and incorporated herein by reference. 

HBS Administrative Services Agreement- 07112 

Page 10(25

(c) Maintain books and records of all transactions subject to this Agreement and 

between Customer and Enrollees in accordance with standards of record keeping 

customary in the health and welfare benefits administration industry. HBS 

acknowledges that the appropriate regulatory authority has the right to inspect all 

records and books that are maintained by HBS in accordance with this Agreement. 

(d) Maintain all licenses and permits required by applicable federal, state and local 

statutes and regulations to carry out its obligations under this Agreement. HBS 

represents and warrants that it is and will remain during the term of this Agreement 

in compliance with applicable state and federal laws. 

2.2 Reliance on Instructions and Plan Documents. HBS may rely upon any written 

instructions or information relating to HBS's performance of Services provided to HBS by 

Customer or Customer's designated representatives, and reasonably believed by HBS to 

be genuine and authorized by Customer. HBS may rely on, and is under no obligation to 

investigate the accuracy or completeness of the information in the Plan Documents 

provided by Customer pursuant to Section 3.1. HBS shall incur no liability resulting from 

HBS's reasonable reliance on such instructions or information. 

2.3 Standard of Care. HBS shall use reasonable care and due diligence in the exercise 

of its powers under the performance of its duties under this Agreement. If HBS makes 

any payment under this Agreement to an ineligible person, or if more than the correct 

amount is paid, HBS shall make a diligent effort to recover any such payment made to or 

on behalf of an ineligible person or any overpayment. However, in no event shall HBS 

be liable to Customer or any third party for such overpayment or payment error, unless 

HBS would otherwise be liable under another provision of this Agreement. 

2.4 Non-Discretionarv Duties. HBS and Customer agree that the duties to be performed 

by HBS hereunder are non-discretionary duties. HBS will assist in the coordination of 

services by certain vendors to Customer's plan at the request of Customer, provided 

that, unless otherwise agree upon in writing, HBS shall not be liable for payment to such 

vendors or for the acts or omissions of such vendors. HBS and Customer may also 

agree to additional duties in writing as may be specified in any Exhibits and/or 

amendments from time to time. 

ARTICLE III. 

CUSTOMER OBLIGATIONS 

3.1 Customer Obligations. To enable HBS to perform its obligations under this Agreement, 

Customer agrees to the following: 

(a) Customer Responsibilities. Customer has the sole authority and responsibility for 

the Plan and its operation, including the authority and responsibility for 

administering, construing, and interpreting the provisions of the Plan and making 

all determinations thereunder. Customer gives HBS the authority to act on behalf 

of Customer in connection with the Plan, but only as expressly stated in this 

Agreement or as mutually agreed upon in writing between Customer and HBS. 

All final determinations as to an Enrollee's entitlement to Plan benefits are to be 

made by Customer, including any determination upon appeal of a denied claim 

for Plan benefits. Customer is considered the Plan Administrator and named 

fiduciary of the Plan benefits for purposes of the Employee Retirement Income 

Security Act of 1974 ("ERISA"), as amended. 

HBS Administrative ServiCes Agreement - 07112 

Page 2 of 25

(b) Information to HBS. Customer shall furnish to HBS all information necessary for 

HBS to perform its functions hereunder, including information concerning the 

Plan and the eligibility of individuals to participate in and receive Plan benefits. 

HBS shall have no responsibility with regard to benefits paid in error due to 

Customer's failure to timely update any information required to be furnished 

pursuant to this Section. Additionally, should Customer fail to provide HBS with 

any information necessary in order for HBS to comply with applicable federal 

and/or state law reporting requirements, Customer shall be solely responsible for 

payment of any monetary penalties assessed against HBS as a result thereof. 

(c) Plan Documents. Customer is responsible for the Plan's compliance with all 

applicable federal and state laws and regulations and shall furnish written 

notification to HBS with complete and accurate copies of the current Plan 

Documents, as well as any Plan Amendments, at least sixty (60) days before the 

effective date of slJch changes. Customer acknowledges that HBS is not 

providing tax or legal advice and that Customer shall be solely responsible for 

determining the legal and tax status of the Plan. 

(d) Licenses. Customer shall maintain and file all licenses, permits, reports and 

disclosures and maintain the Plan in compliance with and as required by 

applicable federal, state, and local statutes and regulations. 

(e) Retroactive Plan Changes. Customer shall provide HBS with sixty (60) days 

prior written notice for any plan amendments. In the event Customer fails to 

provide notice to HBS within this timeframe, or in the event Customer desires to 

make retroactive amendments to the Plan, Customer shall be responsible for all 

fees and expenses incurred by HBS in the correction of any claims impacted by 

such amendment(s). 

(f) Customer shall perform any other administrative functions not expressly 

assumed by HBS hereunder. 

3.2 Final Authority. Customer shall have all discretionary authority and control over the 

management and disposition of Plan assets to the exclusion of HBS. HBS shall not 

exercise any authority or control with respect to the management or disposition of the 

assets of the Plan. HBS shall have no responsibility or liability with respect to (i) any 

funding of Plan Benefits, (ii) any insurance coverage pertaining to the Plan, Enrollees, or 

Customer, or (iii) the nature or quality of professional health services rendered to 

Enrollees. 

3.3 Banking Arrangements. Customer shall provide sufficient funds to cover all of its 

obligations under the Plan, and HBS has no duty or obligation, legal or otherwise, to 

make such payments should Customer fail to provide such funding. Customer shall 

specifically authorize HBS to issue checks (or other draft payment or debit) on a bank 

account established and maintained in the name of Customer. At an interval to be 

mutually agreed upon, HBS shall notify Customer of the amount needed to pay 

approved benefit claims and Customer shall transfer or authorize payment from the bank 

account in order to fund Plan benefits. Customer shall enter into such agreements and 

provide instructions to its bank, if necessary, in order to implement this Section 3.3. 

HBS shall have sole authority to provide whatever notifications, instructions, or directions 

as may be necessary to accomplish the disbursement of such funds to or on behalf of 

Enrollees in payment of approved claims. 

HBS Administrative Services Agreement - 07112 

Page 30fZS

3.4 Funding of Benefits. Funding for any payment on behalf of Enrollees under the Plan, 

including but not limited to, all benefits to Enrollees in accordance with the Plan, is the 

sole responsibility of Customer, and Customer agrees to accept liability for, and provide 

sufficient funds to satisfy, all payment to Enrollees under the Plan, including claims for 

reimbursement of covered expenses, if such expenses are incurred and the claim is 

presented for payment during the term of this Agreement. 

ARTICLE IV. 

PAYMENTS TO HBS 

4.1 HBS Services Charges. The monthly administrative service charges payable to HBS are 

described in the Exhibit "An attached hereto. Customer shall pay HBS for all Services 

provided under this Agreement consistent with the terms of Exhibit "An. Except as 

otherwise provided in Exhibit "A," HBS shall invoice Customer on or before the twentyfifth 

(25 th ) day of each month for HBS administrative service charges incurred for the 

month immediately following the invoiced date. Customer shall make payment to HBS 

no later than ten (10) business days after the invoice date. Customer agrees to pay the 

invoiced amount in full and any subsequent adjustments shall be reflected in the next 

billing cycle. Should Customer fail to make payment to HBS within this time period, such 

amounts may, in HBS's sole discretion, be automatically deducted from the bank 

account maintained by Customer pursuant to Article III. Customer also acknowledges 

that failure to timely pay any invoiced amounts when due may result in automatic 

suspension of all services provided hereunder until all past due amounts are received by 

HBS. This includes, but is not limited to, retroactive reversal of discounts taken on 

Customer's claims through any PPO network(s) associated and/or affiliated with HBS. 

Suspension of services for nonpayment may also extend to any subcontractors and/or 

vendors listed in Exhibit "N. 

Notwithstanding any other remedies provided herein, any amount due pursuant to 

Exhibit "AU that is not timely paid shall thereafter bear interest until paid at a rate of 

interest equal to three percent (3%) per annum more than the prime rate established by 

Citibank N.A of New York, or the maximum rate permitted by law, whichever is less. 

4.2 Billing of Charges. As reasonably requested by Customer, HBS shall provide to 

Customer reasonable documentation and back-up to explain or detail its administrative 

service charges. When applicable, HBS shall have the right to audit the employment 

records of the Customer only as necessary to verify the accuracy of the fee calculations. 

All charges contemplated by this Agreement, whether provided for in this or any other 

section or Exhibit, shall be included on Customer's monthly statement. The charges shall 

be separately itemized; however, the statement shall be totaled as one amount for such 

billing month. 

4.3 Fee Adjustments. Pursuant to Section 1.2, HBS's fees are guaranteed for the initial term 

of the Agreement. The fees payable to other vendors may be subject to change after 

the first twelve (12) months of the Agreement. Notwithstanding the foregOing, HBS shall 

have the right to adjust the fees set forth in Exhibit "An if (i) the Plan or applicable federal 

and/or state law is amended to modify benefits in a manner that materially effects HBS's 

administrative duties, (ii) there is a material variation, of at least ten percent (10%), in 

participant enrollment or family coverage, or (iii) HBS's cost of operation is increased 

solely by virtue of increased postal charges. Said fee adjustment, if any, shall be limited 

to the amount of increased cost incurred by HBS due to any of the above listed changes. 


Page 4 of 25

4.4 Taxes. Customer shall pay, or reimburse HBS for the payment of, any taxes, however 

designed or levied, based upon any charges under this Agreement, or upon the Services 

provided under this Agreement, or their use, exclusive, however, of franchise taxes or 

income taxes based on income of HBS. 

5.1 Trademarks and Related Provisions. 

ARTICLE V. 

TRADEMARKS AND RELATED PROVISIONS 

(a) The trademarks, service marks, trade names, and logos of HBS and its Affiliates 

are the property of HBS and its Affiliates, and Customer has no right to use such 

marks, names, or logos unless authorized in writing by HBS. 

(b) Customer's trademarks, service marks, trade names, and logos are the property 

of Customer, and HBS and its Affiliates have no right to use such marks, names, 

or logos unless authorized in writing by Customer. 

(c) Neither party shall use another party's copyrights, symbols, trademarks, or service 

marks in advertising or promotional materials or otherwise without the prior written 

consent of such other party. 

6.1 Confidentiality. 

ARTICLE VI. 

CONFIDENTIALITY; 

OWNERSHIP AND USE OF DATA 

(a) Both parties agree to keep all confidential materials and infonnation of the other 

confidential. Neither party shall reproduce, disclose or disseminate the 

confidential information of the other party to third parties without the prior written 

consent of such other party. Upon termination of this Agreement for any reason, 

each party shall return all confidential infonnation of the other party, including any 

copies thereof, to such other party upon the other party's written request. 

Notwithstanding the communication and dissemination of information necessary 

to provide the Services required by this Agreement, all records and other 

information pertaining to the Plan and its beneficiaries shall be treated as 

confidential information. 

(b) Notwithstanding the foregoing, Customer acknowledges and agrees that HBS 

may disclose confidential information received by HBS pursuant to this 

Agreement if such disclosure is (a) compelled by any court decree, subpoena or 

other legal, administrative or regulatory order or process, or (b) in the opinion of 

its counsel, otherwise required by law, rule, or regulation, or necessary or 

appropriate in connection with any litigation or other proceeding to which HBS or 

its Affiliates is involved. To the extent practicable and not otherwise prohibited by 

law or any such order or process, HBS will use commercially reasonable efforts 

to notify Customer prior to any proposed disclosure of confidential information 

hereunder. 


Page 5 of 25

(c) Both parties agree to comply with terms and conditions of the Business 

Associate Agreement set forth in Exhibit "0" attached hereto and incorporated 

herein by reference. 

6.2 Ownership and Use of Data. 

(a) HBS agrees that all books, records, lists of names, journals, ledgers and other 

recorded information developed specifically in connection with administration of 

the Plan shall always be and remain the property of Customer. Customer shall 

reasonably be entitled to access said records and Plan information for purposes 

of fulfilling its obligations to Plan Enrollees. Upon termination of this Agreement, 

HBS may deliver said records and Plan information, in original form or on 

electronic media, as determined by HBS in its sole discretion to the Customer or 

its designated agent. Records are shipped at cost to the Customer. Any special 

turnover reports at time of termination will be provided at an additional cost to the 

Customer. HBS shall maintain copies of any records required by law following 

termination of this Agreement. (This provision shall not apply to such records 

that have been destroyed in the ordinary course of business or must be 

maintained by HBS as required by applicable third party administrator licensing 

laws.) 

(b) Customer agrees that HBS is the sole owner of the following materials and that 

Customer has no right to their use following termination of this Agreement, it 

being agreed that such materials were not prepared at the expense of Customer: 

i. claim processing and payment manuals; 

ii. administrative procedure manuals; 

iii. data processing system designs; 

iv. computer programs, software and equipment. 

ARTICLE VII. 

TERMINATION 

7.1 Termination for Cause. If either party materially defaults in the performance of any of its 

obligations under this Agreement (except for a default in payments to HBS), which 

default shall not be substantially cured within thirty (30) days after written notice is given 

to the defaulting party specifying the default, then the party not in default may, by giving 

notice to the defaulting party, terminate this Agreement as of a date speCified in such 

notice of termination. Notwithstanding the foregoing, with respect to material defaults 

(except for a default in payments to HBS) that cannot reasonably be cured within thirty 

(30) days, it shall not be a default under this Section if the defaulting party in good faith 

proceeds within thirty (30) days to commence curing said default and thereafter 

prosecutes with due diligence the curing of such default to conclusion. 

7.2 Termination for Nonpayment. In addition to any other remedies provided for in this 

Agreement, should Customer default in the payment when due of any amount due to 

HBS or fail to provide sufficient funds to cover all of its obligations under the Plan and 

does not cure such default(s) or fund within ten (10) days after being given notice, then 

HBS may, by giving written notice to Customer, terminate this Agreement as of a date 

specified in such notice of termination. 


Page 6 of25

7.3 Termination for Insolvency. If either party is declared insolvent or bankrupt in a legal 

proceeding, is the subject of any proceedings related to its liquidation, insolvency or for 

the appointment of a receiver, conservator or similar officer for it, makes an assignment 

for the benefit of all or substantially all of its creditors, or enters into an agreement for the 

composition, extension or readjustment of all or substantially all of its obligations, then all 

payment obligations under this Agreement shall be deemed to be administrative 

expenses of the bankrupt party. The liquidator, trustee, receiver, conservator, new 

owner, manager or other agent or representative shall have sixty (60) days to notify the 

other party that it is terminating this Agreement as of a date within such sixty (60) day 

period. If other party is not so notified, this Agreement shall not be terminated, but shall 

continue on all of the terms and conditions stated in this Agreement. including without 

limitation, the payment terms specified in Article IV. 

7.4 Termination Obligations. Upon the expiration or termination of this Agreement for any 

reason, HBS shall have no further obligation to handle any pending claims to conclusion 

and Customer shall immediately pay to HBS any payments due for services provided 

under this Agreement. Upon such payment, HBS shall turn over all pending claims and 

employee accumulations to the Customer or the Customer's designee. 

8.1 Indemnity. 

ARTICLE VIII. 

INDEMNITIES AND LIABILITIES 

(a) In performing its obligations under this Agreement, HBS neither insures nor 

underwrites the liability of the Customer's Plan. HBS shall have no duty or 

obligation to defend against any legal action or proceeding brought to recover a 

claim for Plan benefits or any causes of actions for expenses or liabilities incident 

to the Plan. HBS shall, however, make available to Customer and its counsel, 

such evidence relevant or relates to such action or proceeding as HBS may have 

as a result of its administration of the contested benefit determination. HBS shall 

promptly notify in writing the Customer or its designated legal counsel of any 

legal actions that involve the Plan or Customer. 

(b) Except as otherwise explicitly provided in this Agreement, Customer shall retain 

the responsibility for all Plan benefit claims and all expenses and liabilities 

incidental to the Plan and agrees to indemnify HBS for and hold it, its directors, 

officers, employees, affiliates and subsidiaries harmless from all amounts and 

expenses (including reasonable attorneys' fees and court costs) for which HBS 

may become liable resulting from Customer's breach of this Agreement or ariSing 

out of any legal action or proceeding claiming a breach of fiduciary duty or 

claiming to recover benefits under the Plan. 

(c) HBS shall use reasonable care and diligence in the exercising of its powers and 

the performance of its duties as defined by this Agreement or written instructions 

submitted by the Customer or its deSignated representative. Furthermore, HBS 

agrees to indemnify the Customer and hold the Customer harmless against any 

and all amounts and expenses (including reasonable attorneys' fees and court 

costs) for which Customer may become liable resulting from or arising out of 

negligent, fraudulent or criminal acts of HBS's employees, either acting alone or 

in collusion with others. 


Page 7 0'25

(d) If any action, suit or other proceeding is commenced, or any claim or demand is 

asserted, relating to or in respect of which a party (an "Indemnitee") demands 

indemnification pursuant to this Section (each a "Claim"), the Indemnitee shall, 

with reasonable promptness, notify the party from which such indemnification is 

demanded (the "Indemnitor") of such Claim. Such notice shall describe the 

nature of such Claim in reasonable detail and include such written information 

that the Indemnitee has received with regard to the Claim as may be reasonably 

necessary for the Indemnitor to evaluate such Claim. The Indemnitee's failure to 

give such notice to the Indemnitor shall not relieve the Indemnitor from any of its 

or his obligations under this Agreement, except to the extent such failure 

materially and substantially prejudices the defense of the action or proceeding by 

the Indemnitor. The Indemnitor shall have the right to control the defense of any 

action, suit or other proceeding brought by a third party that constitutes a Claim 

(each a "Third Party Claim") with counsel approved by the Indemnitee, which 

approval shall not be unreasonably withheld, conditioned or delayed, all at the 

Indemnitor's sole cost and expense. The Indemnitor may not settle any such 

Third Party Claim without the Indemnitee's consent, which consent shall not be 

not unreasonably withheld, conditioned or delayed (provided, however that 

Indemnitor shall not be required to consent to any admission of guilt or criminal 

wrongdoing as part of any settlement), and the Indemnitee, at his or its sole cost 

and expense, may employ separate counsel and participate in the defense 

thereof. The Indemnitee and Indemnitor shall reasonably cooperate with each 

other in connection with each Third Party Claim. 

(e) Rights of indemnification under this Section 8.1 shall survive termination of this 

Agreement. 

ARTICLE IX. 

MISCELLANEOUS 

9.1 Subrogation and Recovery. As required by the Plan and mutually agreed upon by the 

Customer and HBS, HBS may pursue rights of subrogation and recovery on behalf of 

Customer's Plan. HBS reserves the right to subcontract for the performance of these 

subrogation services. Customer shall cooperate with HBS or any such subcontractor in 

the recovery effort. 

9.2 Binding Nature and Assignment. This Agreement shall be binding on the parties and 

their respective successors and assigns. Notwithstanding subcontracting arrangements 

disclosed in this Agreement by HBS, neither party may assign its rights or delegate its 

rights or delegate its material obligations under this Agreement without the prior written 

consent of the other party, except that either party shall, without the obligation to obtain 

the prior written consent of the other party, be entitled to assign this Agreement or all or 

any part of its rights or obligations hereunder to an affiliate of a party; or to the purchaser 

of all or substantially all of the assets or capital stock of a party or to an entity into which 

a party is merged, provided, further that no such assignment shall relieve the party from 

its obligations hereunder. 

9.3 Entire Agreement. This Agreement, including any Exhibits attached to this Agreement, 

each of which is incorporated herein for all purposes, constitutes the entire agreement 

between the parties with respect to the subject matter of this Agreement as of the date 

hereof and supersedes any prior agreements or arrangements between HBS and 

Customer regarding the subject matter of this Agreement. This Agreement may be 


Page 80'25

amended, modified or changed only by a written instrument executed by both HBS and 

Customer. 

9.4 Insurance. For the duration of this Agreement, HBS shall maintain fidelity insurance 

coverage in the sum of not less than $2,000,000 and errors and omissions insurance 

coverage in the sum of not less than $2,000,000. Customer shall include HBS as an 

additional insured on its fidelity insurance coverage for the duration of this Agreement. 

9.5 Practice of Law. It is understood and agreed that HBS will not perform, and the 

Customer will not request performance of, any services which may constitute the 

unauthorized practice of law. 

9.6 Severability. If any provision of this Agreement is declared or found to be illegal, 

unenforceable or void, then both parties shall be relieved of all obligations arising under 

such provision, but only to the extent that such proviSion is illegal, unenforceable or void, 

it being the intent and agreement of the parties that this Agreement shall be deemed 

amended by modifying such provision to the extent necessary to make it legal and 

enforceable while preserving its intent or, if that is not possible, by substituting therefore 

another provision that is legal and enforceable and achieves the same objective. In 

addition, if such illegal, unenforceable or void provision does not relate to the payments 

to be made to HBS, and if the remainder of this Agreement shall not be affected by such 

declaration or finding and is capable of substantial performance, then each provision not 

so affected shall be enforced to the maximum extent permitted by law. 

9.7 Waiver. No delay or omission by either party to exercise any right or power under this 

Agreement shall impair such right or power or be construed to be a waiver thereof. A 

waiver by either party of any of the covenants to be performed by the other or any 

breach shall not be construed to be a waiver of any succeeding breach or of any other 

covenant. All remedies provided for in this Agreement shall be cumulative and in 

addition to and not in lieu of any other remedies available to either party at law, in equity 

or otherwise. 

9.8 Relationship of Parties. In providing Services to Customer under this Agreement, HBS 

is acting only as an independent contractor and not as a fiduciary of the Plan or an 

employee of Customer. Nothing in this Agreement shall be deemed to constitute or 

create a jOint venture, partnership, pooling arrangement or other form of business entity 

between HBS or any of its Affiliates and Customer or any of its Affiliates. It is 

acknowledged that HBS is performing ministerial functions on behalf of and under the 

control and general requirements of Customer. HBS does not undertake by this 

Agreement or otherwise to perform any obligation of Customer, whether regulatory or 

contractual, or to assume any responsibility for Customer's business or operations. HBS 

has the sole right and obligation to supervise, manage, contract, direct, procure, perform 

or cause to be performed, all work to be performed by HBS. 

9.9 Force Majeure. Each party shall be excused from performance under this Agreement 

(except with respect to the payment of monies) for any period and to the extent that it is 

prevented from performing any action, in whole or in part, as a result of delays beyond 

its reasonable control caused by the other party or by an act of God, war, civil 

disturbance, court order, labor dispute, third party nonperformance, or other cause 

beyond its reasonable control, including without limitation, failures or fluctuations in 

electrical power, heat, light, air conditioning or telecommunications equipment. Such 

nonperformance shall not be a default or a ground for termination of this Agreement. 

Each party shall endeavor to promptly remedy the cause of any such nonperformance. 


Page 9 of 25

EXHIBIT "A" 

FEES 

The fees and costs payable by Customer for the Services rendered pursuant to this Exhibit A 

shall be as set forth below. HBS wi" invoice Customer for, and coordinate payment of, the fees 

herein, including any fees due to the vendors/subcontractors indicated below. For purposes of 

this Exhibit A, the term "Participating Employee" shall mean an employee of Customer who is 

participating in Customer's self-funded medical Plan. 

1. Installation Cost. One time initial installation fee of $1,000.00 shall be payable to HBS. 

This fee includes installation of the disease management and predictive modeling 

programs, as well as COBRAlHIPAA installation. 

2. COBRAlHIPAA. Based on information supplied by Customer, a monthly fee of $1.15 

multiplied by the actual number of participating employees and retirees at the beginning 

of each month shall be payable to HBS for administration of COBRA, which includes 

issuing Certificates of Group Health Plan Coverage in accordance with the coverage 

certification provisions of the Health Insurance Portability and Accountability Act of 1996 

(HIPAA). 

3. ACCEL Wrap PPO Network (A HealthSmart Preferred Care II, L.P. Network). 

(a) A monthly fee of $4.95 multiplied by the actual number of participating 

employees and retirees at the beginning of each month shall be payable to 

HealthSmart Preferred Care II, L.P. for access to the ACCEL Wrap Network. 

(c) Directories may be accessed at www.healthsmart.com. 

(d) Customer shall accept the terms and conditions required for access to the 

ACCEL PPO Network as set forth in Exhibit "En attached hereto and incorporated 


2. HealthSmart Care Management Solutions ("HCMS") Care Management Services. 

(a) Utilization Review Services. A monthly fee of $1.55 multiplied by the actual 

number of participating employees and retirees at the beginning of each month 

for inpatient pre-certification review services shall be payable to HCMS, a URAC 

accredited utilization review firm. If applicable, a portion of these fees may be 

remitted to HBS for its coordination and integration services. 

(b) Outpatient Surgical & Diagnostic Review. A fee of $0.55 multiplied by the actual 


shall be payable to HCMS for outpatient surgical and diagnostic review services. 

(c) Disease Management and Predictive Modeling Services. A monthly fee of $4.50 

multiplied by the actual number of participating employees and retirees at the 

beginning of each month shall be payable to HCMS for disease management 

and predictive modeling services. 


Page 11 of 25

3. HealthSmart Payors Organization, L.P. ("HPO") PPO Network. An amount equal to thirty 

percent (30%) of savings for out-of-network claims shall be payable to HPO. Customer shall 

accept any terms and conditions required for access to the HPO PPO Network. 

4. MultiPlan PPO Network. An amount equal to thirty percent (30%) of savings on out-ofnetwork 

claims shall be payable to MultiPlan. Customer shall accept any terms and 

conditions required for access to the MultiPlan PPO Network. 

5. Network Run-Out Termination Services. Upon termination of this Agreement, and upon 

mutual agreement of the parties, Customer may elect run-out provider network access 

pursuant to the following terms and conditions: 

(a) All HealthSmart Owned Networks. For any HealthSmart owned network(s) 

selected by Customer, Customer shall pay a fee of 30% of savings for run-out 

network access. 

(b) Non-HealthSmart Owned Networks. For any networks not owned by 

HealthSmart, Customer shall pay any run-out termination fees required by such 

network(s). Furthermore, Customer shall abide by any terms or conditions 

required by such network for run-out access. 

Failure of Customer to timely pay all fees due for network run-out services pursuant to 

this section will result in immediate suspension of Customer's access to such network(s) 

without notice or reinstatement. 

HBS Administrative Services Agreemenl- 07112 

Page 120(25

EXHIBIT "B" 

ADMINISTRATIVE CLAIMS PROCESSING SERVICES 

After its receipt and processing of all necessary Plan data and other documentation and 

information required under the Agreement, HBS shall provide the following 

administrative services in connection with the Plan: 

A. Perform the following COBRA administration services in accordance with the 

terms of the accompanying Agreement. 

1. Send out the following notifications: 

(a) Initial letter of COBRA notification 

(b) HIPAA Pre-COBRA 

(c) Qualifying Event Letter - initial event and second event if 

applicable 

(d) Notice of Late Premium 

(e) Cancellation Letter 

(f) Conversion Letter 

(g) Post COBRA HIPAA Notice 

(h) Premium Payment Coupons 

2. Process COBRA participation applications. 

3. Collection and tracking of premium payments and remittance to employer. 

4. Maintain eligibility, demographic, election and payment data. 

5. Provide the Employer with the following reports: 

HBS Administrative 5eNices Agreement- 07112 

Page 13 of 25 

(a) Monthly eligibility list 

(b) Monthly payment voucher list

EXHIBIT "c" 

HEAL THSMART CARE MANAGEMENT SOLUTIONS, L.P. 

CARE MANAGEMENT SERVICES 


information pursuant to the Agreement, HealthSmart Care Management Solutions, L.P. 

(HCMS), an HBS affiliate, shall provide the care management services listed below. 

HCMS has been accredited by the American Accreditation Health Care Commission 

(AAHCC/URAC). 

A. Medical case management in accordance with administrative guidelines after 

assessment of the potential for impact on quality, costs, or outcomes of care, 

with client authorization, including: 

• Coordination of care through the continuum tailored to the needs of the 

individual patient, including advocacy and educational services with the goal 

of accessing the most appropriate and cost effective care. 

• Independent board certified physician review consultants shall be utilized to 

help determine medical necessity of proposed treatment as indicated. 

• On-site medical assessments and other non-medical case management 

services, if warranted by the circumstances of the case, shall be 

recommended to Customer and coordinated by a HCMS Case Manager. 

B. Utilization Management Services through application of objective criteria and 

guidelines, including: 

• Review of inpatient services (including Pre-certification, Concurrent 

Review and Discharge Planning). 

• Review of select outpatient services (including but not limited to 

Chiropractic, Durable Medical EqUipment, Rehabilitation, Home Health 

Care, Skilled Nursing Facility and Sub Acute Behavioral Health). 

C. Provide the optional care management services, if any, for the fees set forth in 

Exhibit "A." 


Page 140125

EXHIBIT "D" 

BUSINESS ASSOCIATE AGREEMENT 

This Business Associate Agreement is entered into by and between HBS (the "Business 

Associate") and the Customer as Plan Sponsor of a self-funded employee benefits plan (the 

"Covered Entity"), 

RECITALS 

A. Covered Entity and Business Associate Oointly "the Parties") wish to modify the 

Administrative Services Agreement ("Agreement") to incorporate the terms of this Exhibit to 

comply with the requirements of: (i) the implementing regulations at 45 C.F.R. Parts 160, 162, 

and 164 for the Administrative Simplification provisions of Title ", Subtitle F of the Health 

Insurance Portability and Accountability Act of 1996 ("HIPM") (i.e., the HIPM Privacy Rule, the 

HIPM Security Standards, and the HIPM Standards for Electronic Transactions (collectively 

referred to in this Exhibit as "the HIPM Regulations"», and (ii) the requirements of the Health 

Information Technology for Economic and Clinical Health Act, as incorporated in the American 

Recovery and Reinvestment Act of 2009 (UHITECH Act") that are applicable to business 

associates, along with any guidance and/or regulations issued by the U.S. Department of Health 

and Human Services ("DHHS") as of September 2009. 

8. Covered Entity and Business Associate agree to incorporate into this Exhibit any 

regulations issued by DHHS with respect to the HITECH Act that relate to the obligations of 

I 

business associates and that are required to be (or should be) reflected in a business associate 

agreement. Business Associate recognizes and agrees that it is obligated by law to meet the 

I 

applicable provision of the HITECH Act. 

NOW, THEREFORE, in consideration of the foregoing and the mutual covenants and 

agreements hereinafter addressed, the parties agree as follows: 

1. DEFINITIONS 

(a) "Electronic PHI" shall mean protected health information that is transmitted or 

maintained in any electronic media, as this term is defined in 45 C.F.R. § 

160.103. 

(b) "Limited Data Set" shall mean protected health information that excludes the t 

following direct identifiers of the individual or of relatives, employers, or 

household members of the individual: I 

(i) Names; I 

(ii) Postal address information, other than town or city, state, and zip 

code; 

(iii) Telephone numbers; 

(iv) Fax numbers; 


Page 150(25 

(v) Electronic mail addresses; 

(vi) Social security numbers;

(vii) Medical record numbers; 

(viii) Health plan beneficiary numbers; 

(ix) Account numbers; 

(x) Certificatellicense numbers; 

(xi) Vehicle identifiers and serial numbers, including license plate 

numbers; 

(xii) Device identifiers and serial numbers; 

(xiii) Web Universal Resource Locators (URLs); 

(xiv) Internet Protocol (IP) address numbers; 

(xv) Biometric identifiers, including finger and voice prints; and 

(xvi) Full face photographic images and any comparable images. 

(c) "Protected Health Information" or "PHI" shall mean information created or 

received by a health care provider, health plan, employer, or health care 

clearinghouse, that: (i) relates to the past, present, or future phYSical or 

mental health or condition of an individual, provision of health care to the 

individual, or the past, present, or future payment for provision of health care 

to the individual; (ii) identifies the individual, or with respect to which there is a I 

reasonable basis to believe the information can be used to identify the 

individual,; and (iii) is transmitted or maintained in an electronic medium, or in I 

any other form or medium. The use of the term "Protected Health 

Information" or "PHI" in this Exhibit shall mean both Electronic PHI and non I 

electronic PHI, unless another meaning is clearly specified. 

(d) "Security Incident" shall mean the attempted or successful unauthorized 

access, use, disclosure, modification, or destruction of information or 

interference with system operations in an information system. 

(e) All other terms used in this Exhibit shall have the meanings set forth in the 

applicable definitions under the HIPAA Regulations and/or the Security and 

Privacy provisions of the HITECH Act that are applicable to business 

associates along with any regulations issued by the DHHS. 

2. GENERAL TERMS 

(a) In the event of an inconsistency between the provisions of this Exhibit and a 

mandatory term of the HIPAA Regulations (as these terms may be expressly 

amended from time to time by the DHHS or as a result of interpretations by 

DHHS, a court, or another regulatory agency with authority over the Parties), 

the interpretation of DHHS, such court or regulatory agency shall prevail. In 

the event of a conflict among the interpretations of these entities, the conflict 

shall be resolved in accordance with rules of precedence. 


Page 160'25

(b) Where provisions of this Exhibit are different from those mandated by the 

HIPAA Regulations or the HITECH Act, but are nonetheless permitted by the 

Regulations of the Act, the provisions of this Exhibit shall control. 

(c) Except as expressly provided in the HIPAA Regulations, the HITECH Act, or 

this Exhibit, this Exhibit does not create any rights in third parties. 

3. SPECIFIC REQUIREMENTS 

(a) Privacy of Protected Health Information 


Page 17 of 25 

(i) Permitted Uses and Disclosures of PHI. Business Associate agrees to 

create, receive, use, or disclose PHI only in a manner that is consistent 

with this Exhibit or the HIPAA Privacy Rule and only in connection with 

providing the services to Covered Entity identified in the Agreement. 

Accordingly, in providing services to or for the Covered Entity, Business 

Associate, for example, will be permitted to use and disclose PHI for 

"treatment, payment, and health care operations" in accordance with 

the HIPAA Privacy Rule. 

(1) Business Associate shall report to Covered Entity any use or 

disclosure of PHI that is not provided for in this Exhibit. 

(2) Business Associate shall maintain appropriate safeguards as 

necessary to ensure that PHI is not used or disclosed except as 

provided for by this Exhibit. 

(ii) Business Associate Obligations. As permitted by the HIPAA Privacy 

Rule, Business Associate also may use or disclose PHI received by the 

Business Associate in its capacity as a Business Associate to the 

Covered Entity for Business Associate's own operations if: 

(1) the use relates to: (1) the proper management and 

administration of the Business Associate or to carry out legal 

responsibilities of the Business Associate, or (2) data 

aggregation services relating to the health care operations of 

the Covered Entity; or 

(2) the disclosure of information received in such capacity will be 

made in connection with a function, responsibility, or services 

to be performed by the Business Associate, and such 

disclosure is required by law or the Business Associate 

obtains reasonable assurances from the person to whom the 

information is disclosed that it will be held confidential and the 

person agrees to notify the Business Associate of any 

breaches of confidentiality. 

(iii) Minimum Necessary Standard and Creation of Limited Data Set. 

Business Associate's use, disclosure, or request of PHI shall 

utilize a Limited Data Set if practicable. Otherwise, in performing 

the functions and activities as specified in the Agreement and this 

Exhibit, Business Associate agrees to use, disclose, or request


Page 18 0'25 

only the minimum necessary PHI to accomplish the intended 

purpose of the use, disclosure, or request. 

(iv) Access. In accordance with 45 C.F.R. § 164.524 of the HIPAA 

Privacy Rule and, where applicable, in accordance with the 

HITECH Act, Business Associate will make available to those 

individuals who are subject of PHI, their PHI in Designated Record 

Sets by providing the PHI to Covered Entity (who then will share 

the PHI with the individual), by forwarding the PHI directly to the 

individual, or by making the PHI available to such individual at a 

reasonable time and at a reasonable location. Business 

Associate shall make such information available in an electronic 

format if requested by the Covered Entity. 

(v) Disclosure Accounting. Business Associate shall use best efforts 

to make available the information necessary to provide an 

accounting of disclosures of PHI as provided for in 45 C.F.R. § 

164.528 of the HIPAA Privacy Rule, and where so required by the 

HITECH Act and/or any accompanying regulations. Business 

Associate is not required to record disclosure information or 

otherwise account for disclosures of PHI that this Exhibit or the 

Agreement in writing permits or requires: (i) for the purpose of 

payment activities or health care operations (except where such 

recording or accounting is required by the HITECH Act, and as of 

the effective dates for this provision of the HITECH Act), (ii) to the 

individual who is the representative; (iii) to persons involved in that 

individual's health care or payment for health care; (iv) for 

notification for disaster relief purposes, (v) for national security or 

intelligence purposes, (vi)to law enforcement officials or 

correctional institutions regarding inmates; (vii) pursuant to an 

authorization; (viii) for disclosures of certain PHI made as part of 

a limited data set; and (ix) for certain incidental disclosures that 

may occur where reasonable safeguards have been implemented. 

(vi) Amendment. Business Associate shall make available PHI for 

amendment and incorporate any amendment to PHI in [ 

accordance with 45 C.F.R. § 164.526 of the HIPAA Privacy Rule. 

(vii) Retum or Destruction of PHI. Upon the termination or expiration 

of the Agreement or this Exhibit, Business Associate agrees to 

return the PHI to Covered Entity, destroy the PHI (and retain no 

copies), or further protect the PHI if Business Associate 

determines that return or destruction is not feasible. 

(viii) A vai/ability of Books and Records. Business Associate shall make 

available to DHHS or its agents the Business Associate's internal 

practices, books, and records relating to the use and disclosure of 

PHI in connection with this Exhibit. 

(ix) Termination for Breach. 

I

(1) Business Associate agrees that Covered Entity shall have 

the right to terminate this Exhibit or seek other remedies if 

Business Associate violates a material term of this Exhibit. 

(3) Covered Entity agrees that Business Associate shall have 


Covered Entity violates a material term of this Exhibit. 

(b) Information and Security Standards 


Page 19 of 25 

(i) Business Associate will develop, document, implement, maintain, and 

use appropriate administrative, technical, and physical safeguards to 

preserve the integrity, confidentiality, and availability of, and to 

prevent non-permitted use or disclosure of, PH I created or received 

for or from the Covered Entity. 

(ii) Business Associate agrees that with respect to PHI, these safeguards 

shall meet the requirements of the HIPAA Security Standards which 

are applicable to Business Associate. 

(iii) To comply with the HIPAA Security Standards for PHI, Business 

Associate agrees that it shall: 

(1) Implement administrative, physical, and technical 

safeguards consistent with (and as required by) the HIPAA Security 

Standards that reasonably protect the confidentiality, integrity, and 

availability of PHI that Business Associate creates, receives, 

maintains, or transmits on behalf of Covered Entity. Business 

Associate shall develop and implement policies and procedures that 

meet the Security Standards documentation requirements as required 

by the HITECH Act. 

(2) Use best efforts to ensure that any agent, including a 

subcontractor, to whom it provides such PHI agrees to implement 

reasonable and appropriate safeguards to protect it; 

(3) Report to Covered Entity, Security Incidents of which 

Business Associate becomes aware that result in the unauthorized 

access, use, disclosure, modification, or destruction of the Covered 

Entity's PHI, (hereinafter referred to as "Successful Security 

Incidents"). Business Associate shall report Successful Security 

Incidents to Covered Entity as specified in Section 3(d); 

i. Take all commercially reasonable steps to mitigate, 

to the extent practicable, any harmful effect that is 

known to Business Associate resulting from a 

Security Incident; 

ii. Upon reasonable written request from Covered 

Entity, Business Associate will provide Covered 

Entity with access to and copies of documentation 

regarding Business Associate's safeguards for PHI.

(c) Agents and Subcontractors. Business Associate shall include in all contracts 

with its agents or subcontractors, if such contracts involve the disclosure of 

PHI to the agents or subcontractors, the same restrictions and conditions on 

the use, disclosure, and security of such PHI that are set forth in this Exhibit. 

(d) Breach of Privacy or Security Obligations. 

(i) Notice and Reporting to Covered Entity. Business Associate will 

notify and report to Covered Entity (in the manner and within the 

timeframes described below) any use or disclosure of PHI not 

permitted by this Exhibit, by applicable law, or permitted in writing by 

Covered Entity. 

(ii) Notice to Covered Entity. Business Associate will notify Covered 

Entity immediately following discovery and without unreasonable 

delay of any "Breach" of "Unsecured Protected Health Information" as 

these terms are defined by the HITECH Act and any implementing 

regulations. Such notice shall identify (if known): 

(e) Termination for Breach. 


Page 200(25 

a. Those individuals whose Unsecured Protected Health 

Information has been, or is reasonably believed by 

Business Associate to have been accessed, acquired, or 

disclosed during such Breach; 

b. The nature of the non-permitted access, use, or disclosure 

including the date of the incident and the date of discovery; 

c. The PHI accessed, used, or disclosed (e.g., name; social 

security number date of birth); 

d. What corrective action Business Associate took or will take 

to prevent further non-permitted accesses, uses, or 

disclosures; and 

g. What Business Associate did or will do to mitigate any 

deleterious effect of the non-permitted access, use, or 

disclosure. 

(1) Covered Entity and Business Associate each will have the 

right to terminate this Exhibit if the other party has engaged in 

a pattern of activity or practice that constitutes a material 

breach or violation of Business Associate's or the Covered 

Entity's respective obligations regarding PHI under this Exhibit 

and, on notice of such material breach or violation from the 

Covered Entity or Business Associate, fails to take reasonable 

steps to cure the material breach or end the violation. 

(2) If Business Associate or the Covered Entity fail to cure the 

material breach or end the violation after the other party's 

notice, the Covered Entity or Business Associate (as 

I

applicable) may terminate this Exhibit by providing Business 

Associate or the Covered Entity written notice of termination, 

stating the incurred material breach or violation that provides 

the basis for the termination and specifying the effective date 

of the termination. Such termination shall be effective 60 days 

from this termination notice. 

(f) Continuing Privacy and Security Obligations. Business Associate's and 

the Covered Entity's obligation to protect the privacy and security of the 

PHI it created, received, maintained, or transmitted in connection with 

services to be provided under the Agreement and this Exhibit will be 

continuous and survive termination, cancellation, expiration, or other 

conclusion of this Exhibit or the Agreement. Business Associate's other 

obligations and rights, and the Covered Entity's obligations and rights 

upon termination, cancellation, expiration, or other conclusion of this 

Exhibit, are those set forth in this Exhibit and/or the Agreement. 

(g) Responsibilities of the Covered Entity. With regard to the use and/or 

disclosure of protected health information by the Business Associate, the 

Covered Entity hereby agrees to notify the Business Associate, in writing 

and in a timely manner, of any restrictions on the use and/or disclosure of 

protected health information agreed to by the Covered Entity. 

{h} Mutual Representation and Warranty. Each party represents and 

warrants to the other party that all of its employees, agents, 

representatives and members of its work force, who services may be 

used to fulfill obligations under this Agreement, are or shall be 

appropriately informed of the terms of this Agreement and are under legal 

obligation to fully comply with all provisions of this Agreement. I 


Page 21 of25 

I I

payment has been made according to the claims adjudication and payment 

guidelines specified in Section 2 above; 

c. Claims incurred by enrollees will not be pended by HBS in order to obtain 

additional eligibility information, including but not limited to, information related to 

secondary coverage (coordination of benefits), End Stage Renal Disease, 

whether injuries sustained by the enrollee were the result of an accident, or for 

workers' compensation information. Customer acknowledges that, for purposes 

of determining eligibility, HBS may rely solely upon details obtained from 

Contract Provider's billing statement or information gathered by Customer and 

submitted to HBS during the enrollment process; 

d. Customer's Plan shall not include any provisions preventing payment to Contract 

Provider due to a pre-existing condition; 

e. Notwithstanding the time periods allotted for claims adjudication and payment in 

Section 2, payment to Contract Provider shall not be delayed or withheld while 

Customer and/or any third party consultant makes an independent review of the 

claim(s); 

f. Customer agrees that, should its stop-loss policy require advance funding of 

claims, and such requirement delays payment to Contract Provider beyond the 

time periods specified in Section 2, the Plan shall be solely responsible for 

payment of one hundred percent (100%) of Contract Provider's billed charges for 

such claim(s); 

g. Customer's Plan shall include specific annual dollar or visit maximums on 

occupational therapy, physical therapy, speech therapy, and chiropractic 

treatment (as opposed to requiring medical necessity review after a specified 

number of visits); 

h. Customer's Plan shall provide coverage to all unmarried dependents up to age 

25 who qualify as a dependent under the federal income tax code; and 

i. Customer's explanation of benefits (EOBs) shall be mailed to enrollees on a 

monthly basis, and Customer shall use best efforts to encourage its enrollees to 

opt out of receiving paper EOBs in place of receiving electronic EOBs from 

HBS's secure benefits web site. 

4. Claims Audit. 

a. Except as otherwise provided herein, should Customer desire to audit a claim 

submitted by a Contract Provider, Customer authorizes HBS to pay the charges 

submitted at one hundred percent (100%) of the contracted rate no later than the 

45 th day after the date Customer receives a Clean Claim from Contract Provider 

in non-electronic format, or the 30 th day after the date Customer receives a Clean 

Claim from Contract Provider if the claim is submitted electronically. 

b. Should Customer require additional information from Contract Provider in order 

to conduct an audit, Customer shall notify Contract Provider in writing describing 

the information reasonably necessary to complete the audit; provided, however, 

that Customer may not request information which is not contained in the 

enrollee's medical or billing record maintained by Contract Provider. If Contract 


Page 23 of 25

Provider fails to make arrangements to supply the requested information within 

forty-five (45) days after receiving the request from Customer, Contract Provider 

shall forfeit the amount of the claim in dispute. 

c. If Contract Provider disagrees with a refund request after Customer conducts an 

audit pursuant to this Section 4, Customer shall afford Contract Provider the 

opportunity to appeal pursuant to the appeal procedures set forth in Contract 

Provider's agreement with Network. Customer and/or HBS shall not attempt to 

recover payment until Contract Provider's appeal rights have been exhausted. 

5. Non-Network Benefits. Customer agrees that any non-network benefits shall be paid at 

a rate not to exceed 125% of Medicare allowable rates or an equivalent rate determined 

by HBS. 

6. Payment Recoverv. Customer (or HBS on its behalf) and/or Contract Provider may 

recover an underpayment or overpayment from the other if the recovering party identifies 

and provides written notice of such underpayment or overpayment setting forth the basis 

and reasons for the request for recovery of funds no later than one hundred and eighty 

(180) days after the date Contract Provider receives payment. Should a party dispute 

the requested refund amount, the dispute must be communicated to the other party in 

writing within forty five (45) days after receiving the initial request for payment recovery, 

with such notice to include any documentation necessary to substantiate the disputed 

amount. Upon being notified of a dispute, Customer shall complete an audit of the 

claim(s) in accordance with the audit procedures described in Section 4. Any 

underpayment or overpayment amounts upheld by the audit shall be remitted to the 

recovering Party no later than the 30 th day after Contract Provider is notified of the audit 

results by Customer. During any payment dispute period, Customer agrees that no 

offsetting of accounts shall occur. 

7. Loss of Discount. Should Customer fail to abide by the terms and conditions of this 

Exhibit, Customer shall forfeit the Accel discount and must pay one hundred percent 

(100%) of Contract Provider's billed charges for those subject claims. 

8. Eligibility Reguirement. Customer, and/or HBS on Customer's behalf, shall provide 

Network with complete and accurate documentation regarding enrollees who are eligible 

to access Accel. HBS and Network may rely upon any written information provided by 

Customer and is under no obligation to investigate the accuracy of the information, 

including its completeness, in the eligibility information provided by Customer. 

9. Identification of Accel Network. Customer (or HBS, when applicable) shall provide 

enrollees with 10 cards displaying the Accel logo and identifying such enrollees as 

eligible to receive the Accel contract rate. Additionally, Customer agrees to identify 

Accel as the applicable network upon issuing any explanation of payment (EOP) and/or 

explanation of benefits (EOB). I 

10. Approval of Material. Any written or printed material prepared for general circulation by 

Customer relating to Network's services or obligations under this Agreement which is to 

be published, disseminated, released or prepared for distribution by HBS or Customer to 

enrollees or to the general public shall be released only after consultation with and 

approval by Network, which shall not be unreasonably withheld. 

11. Exclusive Provider Contact. Customer shall provide HBS with an exclusive contact 

within Customer's organization for purposes of assisting Contract Providers with ! 


Page 240'25 I 

ff

questions and/or concerns involving clairns payment and eligibility under Accel. Such 

person or contact shaH be provided upon execution and implementation of this Exhibit. 

12. Plan Document Review. Customer shall submit to HBS its Plan Document in order 

to ensure compliance with the Customer Obligations described herein. Should any Plan 

provision fail to allow for payment to Contract Providers according to the terms described 

herein, Customer shall be prohibited from accessing Accel. 

13. Termination of Accel. Except as otherwise provided for herein, Customer's access to 

Accel may be terminated by Network or HBS upon sixty (60) days prior written notice to 

Customer upon the occurrence of anyone of the following: 

a. Habitual failure of Customer to adjudicate ninety percent (90%) of uncontested 

Accel claims according to this Exhibit within thirty (30) days of receipt for 

electronic claims and forty-five (45) days of receipt for non-electronic claims; 

b. Failure of Customer to adjudicate Accel claims due to ineligibility of an enrollee 

after Contract Provider obtained binding verification of eligibility prior to rendering 

medical services; or 

c. Failure of Customer to adjudicate Accel claims as a result of retrospective review 

after Contract Provider obtained precertification authorization prior to rendering 

medical services. 

During the 60 day cure period, Customer shall continue receiving the Accel discount. If 

such breach is not cured prior to expiration of the 60 day cure period, all Customer 

claims shall revert to ninety percent (90%) of Contract Provider's billed charges for Accel 

only. Notwithstanding, Customer acknowledges that habitual failure to abide by the 

terms and conditions of access outlined herein may result in termination from access to 

Accel. I 

Notwithstanding the foregoing, this Exhibit may be terminated by Network immediately 

upon notice that Customer has been declared insolvent or bankrupt in a legal 




composition, extension or readjustment of all or substantially all of its obligations. 

14. Electronic Fund Transfer. Customer shall use reasonable efforts to enact the following 

transfer of funds to Contract Provider: (1) payment of claims via electronic funds 

transfer; or (2) explanation of benefits or remittance advice via electronic transfer of 

information. 

15. Compliance With Laws. Customer is solely responsible for compliance with all 

laws, rules and regulations that are now or hereafter promulgated by any governmental 

authority or agency and that governs or applies to the use of the services contemplated 

herein. 

16. Severability. If any part of any provision of this Exhibit is held to be invalid or 

unenforceable under applicable law, said part or provision shall be ineffective to the 

extent of such invalidity or unenforceability, without in any way affecting the remaining 

parts of the Agreement or this Exhibit, which shall be construed and enforced as if such 

invalid or unenforceable part o'f provision had not been inserted. 


Page 25 of 25 

t



TPA - HealthSmart 


Admin 



Information 

Discuss and consider execution of a contract for RFP No. 2911-12 Third Party Administration/TPA with 

HealthSmart. 

BACKGROUND 

DISCUSSION 

HealthSmart Benefits (TPA) 

Attachments

HealthSmart Benefit Solutions, Inc. 

Administrative Services Agreement 

This Administrative Services Agreement (the "Agreement") is entered into this 1 st day of 

October, 2012 by and between HealthSmart Benefit Solutions, Inc., an Illinois corporation 

("HBS") and Nueces County ("Customer"), as Plan Sponsor and/or Administrator of a selffunded 

employee benefits plan (the "Plan"). 

ARTICLE I. 

SERVICES AND TERM 

1.1 Provision of Services. Subject to the terms and conditions of this Agreement, for the 

term of this Agreement, HBS shall provide to Customer, and Customer shall purchase 

from HBS, the Services as set forth in this Agreement and any Exhibits attached hereto. 

1.2 Term. The initial term of this Agreement shall be for a period of thirty six (36) months 

commencing on October 1, 2012 (the "Effective Date") and ending on September 30, 

2015. This Agreement shall automatically renew thereafter on a year-to-year basis upon 

the same terms and conditions unless either party provides the other with written notice 

of the desire to terminate or modify this Agreement at least sixty (60) days prior to the 

end of the initial term or any annual anniversary date thereafter. 

1.3 Scope of Undertaking. Customer has sole and final authority to control and manage 

operation of the Plan. HBS is and shall remain an independent contractor with respect 

to the services being performed hereunder and shall not for any purpose be deemed an 

employee of Customer. HBS and Customer shall not be deemed partners, engaged in a 

joint venture or governed by any legal relationship other than that of independent 

contractors. HBS does not assume any responsibility for the general design of the Plan, 

the adequacy of funding required by the Plan, or any act or omission or breach of duty 

by Customer. HBS shall not in any way be deemed to be an insurer, underwriter, or 

guarantor with respect to any benefits payable under the Plan. HBS provides claims 

administration services only and does not assume any financial risk or obligation with 

respect to claims for benefits payable by Customer under the Plan. Nothing herein shall 

be deemed to constitute HBS as a party to the Plan or to confer upon HBS any authority 

or control respecting management of the Plan, authority or responsibility in connection 

with administration of the Plan, or responsibility for the terms or validity of the Plan. 

Nothing in this Agreement shall be deemed to impose upon HBS any obligation to any 

employee of Customer or any person who is participating in the Plan. 

ARTICLE II. 

HBS OBLIGATIONS 

2.1 HBS Obligations. HBS's sole responsibilities to Customer shall be limited to those 

described in this Agreement and any Exhibits attached hereto. As of the Effective Date, 

HBS shall: 

(a) Provide the Administrative Claims Processing Services to Customer in accordance 

with Exhibit "B" attached hereto and incorporated herein by reference. 

(b) Provide the Care Management Services to Customer in accordance with Exhibit 

"C" attached hereto and incorporated herein by reference. 

HBS Administrative SeNices Agreement- 07112 

Page 1 0(23

(c) Maintain books and records of all transactions subject to this Agreement and 

between Customer and Enrollees in accordance with standards of record keeping 

customary in the health and welfare benefits administration industry. HBS 

acknowledges that the appropriate regulatory authority has the right to inspect all 

records and books that are maintained by HBS in accordance with this Agreement. 

(d) Maintain all licenses and permits required by applicable federal, state and local 

statutes and regulations to carry out its obligations under this Agreement. HBS 

represents and warrants that it is and will remain during the term of this Agreement 

in compliance with applicable state and federal laws. 

2.2 Reliance on Instructions and Plan Documents. HBS may rely upon any written 

instructions or information relating to HBS's performance of Services provided to HBS by 

Customer or Customer's designated representatives, and reasonably believed by HBS to 

be genuine and authorized by Customer. HBS may rely on, and is under no obligation to 

investigate the accuracy or completeness of the information in the Plan Documents 

provided by Customer pursuant to Section 3.1. HBS shall incur no liability resulting from 

HBS's reasonable reliance on such instructions or information. 

2.3 Standard of Care. HBS shall use reasonable care and due diligence in the exercise 

of its powers under the performance of its duties under this Agreement. If HBS makes 

any payment under this Agreement to an ineligible person, or if more than the correct 

amount is paid, HBS shall make a diligent effort to recover any such payment made to or 

on behalf of an ineligible person or any overpayment. However, in no event shall HBS 

be liable to Customer or any third party for such overpayment or payment error, unless 

HBS would otherwise be liable under another provision of this Agreement. 

2.4 Non-Discretionarv Duties. HBS and Customer agree that the duties to be performed 

by HBS hereunder are non-discretionary duties. HBS will assist in the coordination of 

services by certain vendors to Customer's plan at the request of Customer, provided 

that, unless otherwise agree upon in writing, HBS shall not be liable for payment to such 

vendors or for the acts or omissions of such vendors. HBS and Customer may also 

agree to additional duties in writing as may be specified in any Exhibits and/or 

amendments from time to time. 

ARTICLE III. 

CUSTOMER OBLIGATIONS 

3.1 Customer Obligations. To enable HBS to perform its obligations under this Agreement, 

Customer agrees to the following: 

(a) Customer Responsibilities. Customer has the sole authority and responsibility for 

the Plan and its operation, including the authority and responsibility for 

administering, construing, and interpreting the provisions of the Plan and making 

all determinations thereunder. Customer gives HBS the authority to act on behalf 

of Customer in connection with the Plan, but only as expressly stated in this 

Agreement or as mutually agreed upon in writing between Customer and HBS. 

All final determinations as to an Enrollee's entitlement to Plan benefits are to be 

made by Customer, including any determination upon appeal of a denied claim 

for Plan benefits. Customer is considered the Plan Administrator and named 

fiduciary of the Plan benefits for purposes of the Employee Retirement Income 

Security Act of 1974 ("ERISA"), as amended. 


Page 20{23

(b) Information to HBS. Customer shall furnish to HBS all information necessary for 

HBS to perform its functions hereunder, including information concerning the 

Plan and the eligibility of individuals to participate in and receive Plan benefits. 

HBS shall have no responsibility with regard to benefits paid in error due to 

Customer's failure to timely update any information required to be furnished 

pursuant to this Section. Additionally, should Customer fail to provide HBS with 

any information necessary in order for HBS to comply with applicable federal 

and/or state law reporting requirements, Customer shall be solely responsible for 

payment of any monetary penalties assessed against HBS as a result thereof. 

(c) Plan Documents. Customer is responsible for the Plan's compliance with all 

applicable federal and state laws and regulations and shall furnish written 

notification to HBS with complete and accurate copies of the current Plan 

Documents, as well as any Plan Amendments, at least sixty (60) days before the 

effective date of such changes. Customer acknowledges that HBS is not 

providing tax or legal advice and that Customer shall be solely responsible for 

determining the legal and tax status of the Plan. 

(d) Licenses. Customer shall maintain and file all licenses, permits, reports and 

disclosures and maintain the Plan in compliance with and as required by 

applicable federal, state, and local statutes and regulations. 

(e) Retroactive Plan Changes. Customer shall provide HBS with sixty (60) days 

prior written notice for any plan amendments. In the event Customer fails to 

provide notice to HBS within this timeframe, or in the event Customer desires to 

make retroactive amendments to the Plan, Customer shall be responsible for all 

fees and expenses incurred by HBS in the correction of any claims impacted by 

such amendment(s). 

(f) Customer shall perform any other administrative functions not expressly 

assumed by HBS hereunder. 

3.2 Final Authority. Customer shall have all discretionary authority and control over the 

management and disposition of Plan assets to the exclusion of HBS. HBS shall not 

exercise any authority or control with respect to the management or disposition of the 

assets of the Plan. HBS shall have no responsibility or liability with respect to (i) any 

funding of Plan Benefits, (ii) any insurance coverage pertaining to the Plan, Enrollees, or 

Customer, or (iii) the nature or quality of professional health services rendered to 

Enrollees. 

3.3 Banking Arrangements. Customer shall provide sufficient funds to cover all of its 

obligations under the Plan, and HBS has no duty or obligation, legal or otherwise, to 

make such payments should Customer fail to provide such funding. Customer shall 

specifically authorize HBS to issue checks (or other draft payment or debit) on a bank 

account established and maintained in the name of Customer. At an interval to be 

mutually agreed upon, HBS shall notify Customer of the amount needed to pay 

approved benefit claims and Customer shall transfer or authorize payment from the bank 

account in order to fund Plan benefits. Customer shall enter into such agreements and 

provide instructions to its bank, if necessary, in order to implement this Section 3.3. 

HBS shall have sole authority to provide whatever notifications, instructions, or directions 

as may be necessary to accomplish the disbursement of such funds to or on behalf of 

Enrollees in payment of approved claims. 


Page 3 0'23

3.4 Funding of Benefits. Funding for any payment on behalf of Enrollees under the Plan, 

including but not limited to, all benefits to Enrollees in accordance with the Plan, is the 

sole responsibility of Customer, and Customer agrees to accept liability for, and provide 

sufficient funds to satisfy, all payment to Enrollees under the Plan, including claims for 

reimbursement of covered expenses, if such expenses are incurred and the claim is 

presented for payment during the term of this Agreement. 

ARTICLE IV. 

PAYMENTS TO HBS 

4.1 HBS Services Charges. The monthly administrative service charges payable to HBS are 

described in the Exhibit "A" attached hereto. Customer shall pay HBS for all Services 

provided under this Agreement consistent with the terms of Exhibit "An. Except as 

otherwise provided in Exhibit "A," HBS shall invoice Customer on or before the twentyfifth 

(25 th ) day of each month for HBS administrative service charges incurred for the 

month immediately following the invoiced date. Customer shall make payment to HBS 

no later than ten (10) business days after the invoice date. Customer agrees to pay the 

invoiced amount in full and any subsequent adjustments shall be reflected in the next 

billing cycle. Should Customer fail to make payment to HBS within this time period, such 

amounts may, in HBS's sole discretion, be automatically deducted from the bank 

account maintained by Customer pursuant to Article III. Customer also acknowledges 

that failure to timely pay any invoiced amounts when due may result in automatic 

suspension of all services provided hereunder until all past due amounts are received by 

HBS. This includes, but is not limited to, retroactive reversal of discounts taken on 

Customer's claims through any PPO network(s) associated and/or affiliated with HBS. 

Suspension of services for nonpayment may also extend to any subcontractors and/or 

vendors listed in Exhibit "An. 

Notwithstanding any other remedies provided herein, any amount due pursuant to 

Exhibit "An that is not timely paid shall thereafter bear interest until paid at a rate of 

interest equal to three percent (3%) per annum more than the prime rate established by 

Citibank N.A. of New York, or the maximum rate permitted by law, whichever is less. 

4.2 Billing of Charges. As reasonably requested by Customer, HBS shall provide to 

Customer reasonable documentation and back-up to explain or detail its administrative 

service charges. When applicable, HBS shall have the right to audit the employment 

records of the Customer only as necessary to verify the accuracy of the fee calculations. 

All charges contemplated by this Agreement, whether provided for in this or any other 

section or Exhibit, shall be included on Customers monthly statement. The charges shall 

be separately itemized; however, the statement shall be totaled as one amount for such 

billing month. 

4.3 Fee Adjustments. Pursuant to Section 1.2, HBS's fees are guaranteed for the initial term 

of the Agreement. The fees payable to other vendors may be subject to change after 

the first twelve (12) months of the Agreement. Notwithstanding the foregoing, HBS shall 

have the right to adjust the fees set forth in Exhibit "An if (i) the Plan or applicable federal 

and/or state law is amended to modify benefits in a manner that materially effects HBS's 

administrative duties, (ii) there is a material variation, of at least ten percent (10%), in 

participant enrollment or family coverage, or (iii) HBS's cost of operation is increased 

solely by virtue of increased postal charges. Said fee adjustment, if any, shall be limited 

to the amount of increased cost incurred by HBS due to any of the above listed changes. 

HBS Administrative services Agreement - 07112 

Page 4 of 23

4.4 Taxes. Customer shall pay, or reimburse HBS for the payment of, any taxes, however 

designed or levied, based upon any charges under this Agreement, or upon the Services 

provided under this Agreement, or their use, exclusive, however, of franchise taxes or 

income taxes based on income of HBS. 

5.1 Trademarks and Related Provisions. 

ARTICLE V. 

TRADEMARKS AND RELATED PROVISIONS 

(a) The trademarks, service marks, trade names, and logos of HBS and its Affiliates 

are the property of HBS and its Affiliates, and Customer has no right to use such 

marks, names, or logos unless authorized in writing by HBS. 

(b) Customer's trademarks, service marks, trade names, and logos are the property 

of Customer, and HBS and its Affiliates have no right to use such marks, names, 

or logos unless authorized in writing by Customer. 

(c) Neither party shall use another party's copyrights, symbols, trademarks, or service 

marks in advertising or promotional materials or otherwise without the prior written 

consent of such other party. 

6.1 Confidentialitv. 

ARTICLE VI. 

CONFIDENTIALITY; 

OWNERSHIP AND USE OF DATA 

(a) Both parties agree to keep all confidential materials and information of the other 

confidential. Neither party shall reproduce, disclose or disseminate the 

confidential information of the other party to third parties without the prior written 

consent of such other party. Upon termination of this Agreement for any reason, 

each party shall return a/l confidential information of the other party, including any 

copies thereof, to such other party upon the other party's written request. 

Notwithstanding the communication and dissemination of information necessary 

to provide the Services required by this Agreement, all records and other 

information pertaining to the Plan and its beneficiaries shall be treated as 

confidential information. 

(b) Notwithstanding the foregoing, Customer acknowledges and agrees that HBS 

may disclose confidential information received by HBS pursuant to this 

Agreement if such disclosure is (a) compelled by any court decree, subpoena or 

other legal, administrative or regulatory order or process, or (b) in the opinion of 

its counsel, otherwise required by law, rule, or regulation, or necessary or 

appropriate in connection with any litigation or other proceeding to which HBS or 

its Affiliates is involved. To the extent practicable and not otherwise prohibited by 

law or any such order or process, HBS will use commercially reasonable efforts 

to notify Customer prior to any proposed disclosure of confidential information 

hereunder. 


Page 5 of 23

(c) Both parties agree to comply with terms and conditions of the Business 

Associate Agreement set forth in Exhibit "0" attached hereto and incorporated 


6.2 Ownership and Use of Data. 

(a) HBS agrees that all books, records, lists of names, journals, ledgers and other 

recorded information developed specifically in connection with administration of 

the Plan shall always be and remain the property of Customer. Customer shall 

reasonably be entitled to access said records and Plan information for purposes 

of fulfilling its obligations to Plan Enrollees. Upon termination of this Agreement, 

HBS may deliver said records and Plan information, in original form or on 

electronic media, as determined by HBS in its sole discretion to the Customer or 

its designated agent. Records are shipped at cost to the Customer. Any special 

turnover reports at time of termination will be provided at an additional cost to the 

Customer. HBS shall maintain copies of any records required by law following 

termination of this Agreement. (This provision shall not apply to such records 

that have been destroyed in the ordinary course of business or must be 

maintained by HBS as required by applicable third party administrator licensing 

laws.) 

(b) Customer agrees that HBS is the sole owner of the following materials and that 

Customer has no right to their use following termination of this Agreement, it 

being agreed that such materials were not prepared at the expense of Customer: 

i. claim processing and payment manuals; 

ii. administrative procedure manuals; 

iii. data processing system designs; 

iv. computer programs, software and equipment. 

ARTICLE VII. 

TERMINATION 

7.1 Termination for Cause. If either party materially defaults in the performance of any of its 

obligations under this Agreement (except for a default in payments to HBS), which 

default shall not be substantially cured within thirty (30) days after written notice is given 

to the defaulting party specifying the default, then the party not in default may, by giving 

notice to the defaulting party, terminate this Agreement as of a date specified in such 

notice of termination. Notwithstanding the foregoing, with respect to material defaults 

(except for a default in payments to HBS) that cannot reasonably be cured within thirty 

(30) days, it shall not be a default under this Section if the defaulting party in good faith 

proceeds within thirty (30) days to commence curing said default and thereafter 

prosecutes with due diligence the curing of such default to conclusion. 

7.2 Termination for Nonpayment. In addition to any other remedies provided for in this 

Agreement, should Customer default in the payment when due of any amount due to 

HBS or fail to provide sufficient funds to cover all of its obligations under the Plan and 

does not cure such default(s) or fund within ten (10) days after being given notice, then 

HBS may, by giving written notice to Customer, terminate this Agreement as of a date 

specified in such notice of termination. 


Page 6 of 23

7.3 Termination for Insolvency. If either party is declared insolvent or bankrupt in a legal 




composition, extension or readjustment of all or substantially all of its obligations, then all 

payment obligations under this Agreement shall be deemed to be administrative 

expenses of the bankrupt party. The liquidator, trustee, receiver, conservator, new 

owner, manager or other agent or representative shall have sixty (60) days to notify the 

other party that it is terminating this Agreement as of a date within such sixty (60) day 

period. If other party is not so notified, this Agreement shall not be terminated, but shall 

continue on all of the terms and conditions stated in this Agreement, including without 

limitation, the payment terms specified in Article IV. 

7.4 Termination Obligations. Upon the expiration or termination of this Agreement for any 

reason, HBS shall have no further obligation to handle any pending claims to conclusion 

and Customer shall immediately pay to HBS any payments due for services provided 

under this Agreement. Upon such payment, HBS shall turn over all pending claims and 

employee accumulations to the Customer or the Customer's designee. 

8.1 Indemnity. 

ARTICLE VIII. 

INDEMNITIES AND LIABILITIES 

(a) In performing its obligations under this Agreement, HBS neither insures nor 

underwrites the liability of the Customer's Plan. HBS shall have no duty or 

obligation to defend against any legal action or proceeding brought to recover a 

claim for Plan benefits or any causes of actions for expenses or liabilities incident 

to the Plan. HBS shall, however, make available to Customer and its counsel, 

such evidence relevant or relates to such action or proceeding as HBS may have 

as a result of its administration of the contested benefit determination. HBS shall 

promptly notify in writing the Customer or its designated legal counsel of any 

legal actions that involve the Plan or Customer. 

(b) Except as otherwise explicitly provided in this Agreement, Customer shall retain 

the responsibility for all Plan benefit claims and all expenses and liabilities 

incidental to the Plan and agrees to indemnify HBS for and hold it, its directors, 

officers, employees, affiliates and subsidiaries harmless from all amounts and 

expenses (including reasonable attorneys' fees and court costs) for which HBS 

may become liable resulting from Customer's breach of this Agreement or ariSing 

out of any legal action or proceeding claiming a breach of fiduciary duty or 

claiming to recover benefits under the Plan. 

(c) HBS shall use reasonable care and diligence in the exercising of its powers and 

the performance of its duties as defined by this Agreement or written instructions 

submitted by the Customer or its designated representative. Furthermore, HBS 

agrees to indemnify the Customer and hold the Customer harmless against any 

and all amounts and expenses (including reasonable attorneys' fees and court 

costs) for which Customer may become liable resulting from or arising out of 

negligent, fraudulent or criminal acts of HBS's employees, either acting alone or 

in collusion with others. 


Page 7 of 23

(d) If any action, suit or other proceeding is commenced, or any claim or demand is 

asserted, relating to or in respect of which a party (an "Indemnitee") demands 

indemnification pursuant to this Section (each a "Claim"), the Indemnitee shall, 

with reasonable promptness, notify the party from which such indemnification is 

I 

demanded (the "Indemnitor") of such Claim. Such notice shall describe the 

nature of such Claim in reasonable detail and include such written information 

that the Indemnitee has received with regard to the Claim as may be reasonably 

necessary for the Indemnitor to evaluate such Claim. The Indemnitee's failure to I 

give such notice to the Indemnitor shall not relieve the Indemnitor from any of its 

I 

or his obligations under this Agreement, except to the extent such failure 

materially and substantially prejudices the defense of the action or proceeding by 

the Indemnitor. The Indemnitor shall have the right to control the defense of any 

I 

action, suit or other proceeding brought by a third party that constitutes a Claim 

(each a "Third Party Claim") with counsel approved by the Indemnitee, which 

approval shall not be unreasonably withheld, conditioned or delayed, all at the 

Indemnitor's sole cost and expense. The Indemnitor may not settle any such I 

Third Party Claim without the Indemnitee's consent, which consent shall not be i 

not unreasonably withheld, conditioned or delayed (provided, however that 

Indemnitor shall not be required to consent to any admission of guilt or criminal f 

wrongdoing as part of any settlement), and the Indemnitee, at his or its sole cost t 

and expense, may employ separate counsel and participate in the defense 

thereof. The Indemnitee and Indemnitor shall reasonably cooperate with each 

other in connection with each Third Party Claim. I 

(e) Rights of indemnification under this Section 8.1 shall survive termination of this 

Agreement. I 

ARTICLE IX. 

MISCELLANEOUS 

9.1 Subrogation and Recoverv. As required by the Plan and mutually agreed upon by the 

Customer and HBS, HBS may pursue rights of subrogation and recovery on behalf of 

Customer's Plan. HBS reserves the right to subcontract for the performance of these f 

subrogation services. Customer shall cooperate with HBS or any such subcontractor in 

the recovery effort. 

ef 

9.2 Binding Nature and Assignment. This Agreement shall be binding on the parties and 

their respective successors and assigns. Notwithstanding subcontracting arrangements 

disclosed in this Agreement by HBS, neither party may assign its rights or delegate its 

rights or delegate its material obligations under this Agreement without the prior written 

consent of the other party, except that either party shall, without the obligation to obtain 

the prior written consent of the other party, be entitled to assign this Agreement or all or 

any part of its rights or obligations hereunder to an affiliate of a party; or to the purchaser 

of all or substantially all of the assets or capital stock of a party or to an entity into which 

a party is merged, provided, further that no such assignment shall relieve the party from 

its obligations hereunder. 

9.3 Entire Agreement. This Agreement, including any Exhibits attached to this Agreement, 

each of which is incorporated herein for all purposes, constitutes the entire agreement 

between the parties with respect to the subject matter of this Agreement as of the date 

hereof and supersedes any prior agreements or arrangements between HBS and 

Customer regarding the subject matter of this Agreement. This Agreement may be 

HBS Administrative services Agreement- 07112 

Page 80(23 

k 

i 

I r 

l

amended, modified or changed only by a written instrument executed by both HBS and 

Customer. 

9.4 Insurance. For the duration of this Agreement, HBS shall maintain fidelity insurance 

coverage in the sum of not less than $2,000,000 and errors and omissions insurance 

coverage in the sum of not less than $2,000,000. Customer shall include HBS as an 

additional insured on its fidelity insurance coverage for the duration of this Agreement. 

9.5 Practice of Law. It is understood and agreed that HBS will not perform, and the 

Customer will not request performance of, any services which may constitute the 

unauthorized practice of law. 

9.6 Severability. If any provision of this Agreement is declared or found to be illegal, 

unenforceable or void, then both parties shall be relieved of all obligations arising under 

such provision, but only to the extent that such provision is illegal, unenforceable or void, 

it being the intent and agreement of the parties that this Agreement shall be deemed 

amended by modifying such provision to the extent necessary to make it legal and 

enforceable while preserving its intent or, if that is not possible, by substituting therefore 

another provision that is legal and enforceable and achieves the same objective. In 

addition, if such illegal, unenforceable or void provision does not relate to the payments 

to be made to HBS, and if the remainder of this Agreement shall not be affected by such 

declaration or finding and is capable of substantial performance, then each provision not 

so affected shall be enforced to the maximum extent permitted by law. 

9.7 Waiver. No delay or omission by either party to exercise any right or power under this 

Agreement shall impair such right or power or be construed to be a waiver thereof. A 

waiver by either party of any of the covenants to be performed by the other or any 

breach shall not be construed to be a waiver of any succeeding breach or of any other 

covenant. All remedies provided for in this Agreement shall be cumulative and in 

addition to and not in lieu of any other remedies available to either party at law, in equity 

or otherwise. 

9.8 Relationship of Parties. In providing Services to Customer under this Agreement, HBS 

is acting only as an independent contractor and not as a fiduciary of the Plan or an 

employee of Customer. Nothing in this Agreement shall be deemed to constitute or 

create a joint venture, partnership, pooling arrangement or other form of business entity 

between HBS or any of its Affiliates and Customer or any of its Affiliates. It is 

acknowledged that HBS is performing ministerial functions on behalf of and under the 

control and general requirements of Customer. HBS does not undertake by this 

Agreement or otherwise to perform any obligation of Customer, whether regulatory or 

contractual, or to assume any responsibility for Customer's business or operations. HBS 

has the sole right and obligation to supervise, manage, contract, direct, procure, perform 

or cause to be performed, all work to be performed by HBS. 

9.9 Force Majeure. Each party shall be excused from performance under this Agreement 

(except with respect to the payment of monies) for any period and to the extent that it is 

prevented from performing any action, in whole or in part, as a result of delays beyond 

its reasonable control caused by the other party or by an act of God, war, civil 

disturbance, court order, labor dispute, third party nonperformance, or other cause 

beyond its reasonable control, including without limitation, failures or nuctuations in 

electrical power, heat, light, air conditioning or telecommunications equipment. Such 

nonperformance shall not be a default or a ground for termination of this Agreement. 

Each party shall endeavor to promptly remedy the cause of any such nonperformance. 


Page 9 of 23

EXHIBIT "A" 

FEES 

The fees and costs payable by Customer for the Services rendered pursuant to this Exhibit A 

shall be as set forth below. HBS will invoice Customer for, and coordinate payment of, the fees 

herein, including any fees due to the vendors/subcontractors indicated below. For purposes of 

this Exhibit A, the term "Participating Employee" shall mean an employee of Customer who is 

participating in Customer's self-funded medical Plan. 

1. Installation Cost. The one time initial installation fee shall be included. This fee includes 

drafting one (1) plan document and installing said document on the claims system. If 

additional plans need to be installed onto the claims processing system, there shall be 

an additional fee of $850.00 per plan. If additional plan documents need to be drafted, 

there shall be an additional fee of $700.00 per document. Customer shall pay this fee 

prior to commencement of the Services. 

2. Run-In. HBS shall process up to 1,760 run-in claims incurred prior to October 1, 2012 at 

no additional charge. After the first 1,760 run-in claims have been processed, HBS shall 

receive $15.00 per claim for each additional run-in claim. 

3. Basic Administration Services. For Basic Administration Services, HBS shall receive a 

monthly fee of $11.95 multiplied by the actual number of participating employees and 

retirees at the beginning of each month for plan and system maintenance, eligibility 

services, and medical claims administration services. 

4. HealthSmart Care Management Solutions. L.P. ("HCMS") Medical Case Management 

Services. For medical case management in accordance with HCMS administrative 

guidelines, Customer shall pay $145.00 per hour for the Case Manager's time, including 

coordinating individual patient care, advocacy and education services to achieve 

appropriate and cost-effective care, and determining medical necessity of 

treatment. Psychiatric and substance abuse case management services are billed at the 

same hourly rate of $145.00 per hour. All hourly fees shall be invoiced in 1/1Oths of an 

hour increments. Travel and associated expenses for onsite case management services, 

as determined necessary by the HCMS Manager and authorized by the Customer, 

including any charges for procurement of medical records, shall be payable to HCMS. 

5. Fee Negotiation Services. For fee negotiation services in accordance with industry 

guidelines, an amount equal to 30% of negotiated savings shall be payable by 

Customer. All or a portion fee negotiation services may be subcontracted to qualified 

entities and/or HBS affiliates. Customer acknowledges that such entities and/or affiliates 

may receive a fee of the negotiated savings realized for billing and collection services. 

6. HealthSmart Care Management Solutions ("HCMS") Care Management Services. 

(a) Managed Maternity Services. A monthly fee of $0.60 multiplied by the actual 


shall be payable to HCMS for managed maternity services. 

(b) Wellness Coaching. A monthly fee of $3.40 multiplied by the actual number of 

participating employees and retirees at the beginning of each month shall be 

payable to HCMS for well ness coaching services. 


Page 110'23

7. Subrogation/Right of Recovery. HBS or its authorized subcontractor shall pursue 

subrogation reimbursement liens and/or the Plan's right of recovery, as set forth in the 

Plan, in instances of third party liability. The fee for this service shall be equal to thirty 

three and one third percent (33 1/3%) of the total amount recovered. 

8. Clinical Bill Review & Audit Services. HBS shall subcontract with qualified entities to 

perform bill review and audits of large dollar claim amounts as determined by HBS. 

Customer shall pay HBS a fee equal to thirty three and one third percent (33 1/3%) of 

Savings realized from each bill review and audit performed by HBS's subcontractor. For 

purposes of this service, "Savings" shall mean the difference between the provider's 

allowed charges (after application of the PPO network discount), and the adjusted 

allowed charges (which represents the reduced charges negotiated by the subcontractor 

upon performing the bill review and audit). 

9. Hospital Bill Audits. HBS shall subcontract with HealthDatalnsights for on-site hospital 

bill audits for a fee equal to 45% of savings, a portion of which shall be remitted to HBS 

for its coordination and administrative services. 

10. ReportSource Training. ReportSource Software and monthly data updates for 

Customer to run standard and ad hoc reports shall be provided at no additional cost. 

However, should the Customer desire to attend training, the cost for the training class 

shall be $1,000.00. 

11. Identification Cards. HBS shall provide each of Customer's employees with an initial set 

of identification cards at no additional charge. However, HBS shall receive a fee of 

$1.00 per set for additional or replacement identification cards. 

12. Plan and System Changes. The cost for future Plan changes including Plan 

Amendments and System changes shall be: 

(a) A fee of $300.00 per Plan Amendment 

(b) A fee of $1,000.00 per restated Plan Document 

13. Computer System Programming Fee. HBS shall be entitled to charge a computer 

system programming fee for expenses incurred for programming services related to any 

of the following: (1) any changes or modifications made to the coding of the Customer's 

plan design made in addition to standard modifications relating to Plan effective or 

anniversary date; and (2) any special requests for non-standard management reports. 

HBS agrees to furnish Customer with a written estimate of such charges prior to 

performing the Computer System Programming Services. 

14. Reimbursed Expenses. Customer shall be responsible for any expenses for medical 

records, physician consultation and review services or other information services or 

expenses required for claim processing and shall authorize HBS to treat such expenses 

as a Plan benefit. 

15. HBS Administrative Services Termination Run-Out Services. Upon termination of this 

Agreement and upon mutual agreement of the parties, HBS shall provide medical runout 

claims administration according to the following terms and conditions: 

(a) To perform run-out claims administration for a period of six (6) months following 

termination, HBS shall receive four (4) months of administrative fees calculated 


Page 120123

using the average number of employees enrolled in Customer's plan for the last 

three (3) months the Agreement was in effect. Fees for the entire six month 

period must be paid in advance upon termination of the Agreement before HBS 

will begin providing any run-out services to Customer. 

(b) Should Customer elect run-out administration beyond six months after 

termination, HBS shall receive $20.00 per claim, with a minimum of $1,000.00 

due per month. For run-out administration beyond six months, Customer shall 

pay HBS no later than the day of each month. Notwithstanding the 

10 th 

foregoing, Customer acknowledges that HBS shall have no obligation to perform 

run-out administration beyond 12 months after termination of the Agreement. 

A standard report package, in HBS's standard electronic format, will be available for a 

fee of $1,000.00, which must be paid by Customer prior to report distribution. This 

report package shall include a deductible and coinsurance accumulator report, a lifetime 

maximum report, and a current enrollment report. All other requested reports shall be 

available for a fee of $250.00 per report. Certificates of Creditable Coverage will be 

generated and sent to Customer's attention. Failure of Customer to timely pay all fees 

due to HBS pursuant to this section will result in immediate suspension of run-out 

administration without notice or reinstatement, and HBS shall have no further liability or 

obligation to process any claims for Customer. Customer acknowledges that the run-out 

services described in this paragraph do not include services provided by third party 

vendors pursuant to this Exhibit A 


Page 13 of 23

EXHIBIT"B" 

ADMINISTRATIVE CLAIMS PROCESSING SERVICES 


information required under the Agreement, HBS shall provide the following 

administrative services in connection with the Plan: 

A. Provide information, based solely on records provided by Customer, concerning 

Plan eligibility and Plan benefits to all Plan Enrollees and health care providers 

providing Plan Benefits to Enrollees by toll-free telephone during normal 

business hours, and by mail in response to written inquires. Such information 

shall not constitute a determination of benefits that will be paid under the Plan, or 

a guarantee or certification to anyone that any amount will be paid. Benefit 

determinations can only be made after a complete claim is submitted and fully 

processed by HBS and are subject to all eligibility requirements, limitations, 

exclusions and other provisions of the Plan in effect when a claim is processed. 

B. Perform the following claims administration services in accordance with the terms 

of the Agreement and the Plan Documents provided pursuant to the Agreement. 

1. Receive and review claims and claims-related documents. SUbstantiate 

eligibility and calculate amounts payable under the Plan pursuant to the 

terms and conditions of the Plan. HBS shall not have the power or the 

authority to alter, mOdify, or waive any terms of the Plan. 

2. Correspond with Enrollees and/or healthcare providers to obtain any 

required additional information and to determine whether other coverage 

for the claim exists under other benefit plans, insurance contracts, health 

maintenance organizations, or government-sponsored benefit programs. 

3. Prepare and mail explanations of benefits forms and benefit payment 

checks (if applicable) drawn on one or more demand deposit account(s) 

which shall be maintained by Customer in accordance with Article III of 

the Agreement. 

4. Coordinate administrative procedures as reasonably necessary to 

process stop-loss claims on behalf of Customer or the Plan to obtain 

payment of claims under the stop-loss coverage. HBS assumes no 

responsibility or liability for the non-payment of such claims by a stop-loss 

carrier. 

5. Conduct the claims reviews and appeals procedures in accordance with 

Plan provisions. Consistent with HBS's lack of discretionary authority or 

control over Plan administration, HBS shall advise the Customer of 

uncommon, contentious or complex appeals of denied claims and the 

Customer shall make all final benefit determinations in such cases. 

6. HBS shall issue payment to Medicare from Customer's claim payment 

fund pursuant to a valid written demand for reimbursement of any 

Medicare overpayment(s) of medical expenses which are otherwise 

considered covered services under the Customer's Plan. 

D. Report Enrollee and dependent Social Security Numbers (SSNs) and/or Health 


Page 140(23

Insurance Claim Numbers (HICNs), as applicable, to the Centers for Medicare 

and Medicaid (CMS) for purposes of complying with Medicare's Section 111 

Reporting requirements pursuant to the American Reinvestment and Recovery 

Act of 2009. 

E. Assist with the design and printing of standard claim forms, ID cards, and other 

supplies designed specifically for the Plan. Upon installation of the Plan, HBS 

shall be responsible for the cost of providing the initial set standard HBS ID 

cards. Customer shall be responsible for the printing costs of new or replacement 

ID cards. 

F. Provide all reports included, from time to time, in HBS's standard reporting 

package. 

G. Provide HBS's ReportSource Software and monthly data updates for Customer 

to run standard and ad hoc reports. 

H. Provide the Customer with any data maintained by HBS that is required by the 

Plan in the preparation of required reports and filings. 

I. Correspond with Enrollees and their representatives regarding possible thirdparty 

liability for expenses paid by the Plan on Enrollees behalf, and request 

repayment of those expenses in accordance with any subrogation provisions of 

the Plan. HBS shall have no responsibility or liability for the refusal of Enrollees 

or their representatives to reimburse the Plan for such expenses. HBS shall 

have no obligation to take any legal action to enforce the Plan's subrogation 

rights. 

J. Prepare draft plan document(s)/summary plan description(s) from information 

provided by Customer in accordance with Section 3.1. All such drafts, including 

amendments, are subject to Customer's approval. HBS shall not be liable for the 

printing costs of the plan documents. 

K. Provide the optional services, if any, for the fees set forth in Exhibit "A" 

HBS Administrative ServiCes Agreement- 07112 

Page 150(23 

[REMAINDER OF PAGE INTENTIONALLY LEFT BLANK]

EXHIBIT "c" 

HEALTHSMART CARE MANAGEMENT SOLUTIONS, L.P. 

CARE MANAGEMENT SERVICES 


information pursuant to the Agreement, HealthSmart Care Management Solutions, LP. 

(HCMS), an HBS affiliate, shall provide the care management services listed below. 

HCMS has been accredited by the American Accreditation Health Care Commission 

(MHCC/URAC). 

A. Medical case management in accordance with administrative guidelines after 

assessment of the potential for impact on quality, costs, or outcomes of care, 

with client authorization, including: 

• Coordination of care through the continuum tailored to the needs of the 

individual patient, including advocacy and educational services with the goal 

of accessing the most appropriate and cost effective care. 

• Independent board certified physician review consultants shall be utilized to 

help determine medical necessity of proposed treatment as indicated. 

• On-site medical assessments and other non-medical case management 

services, if warranted by the circumstances of the case, shall be 

recommended to Customer and coordinated by a HCMS Case Manager. 

B. Provider negotiation services in accordance with HCMS administrative 


• Negotiation with hospital providers to procure reduced charges on a 

prospective and/or retrospective basis. 

• Negotiation with physician and ancillary providers to procure reduced charges 

on a prospective and/or retrospective basis. 

C. Utilization Management Services through application of objective criteria and 


• Review of inpatient services (including Pre-certification, Concurrent 

Review and Discharge Planning). 

• Review of select outpatient services (including but not limited to 

Chiropractic, Durable Medical Equipment, Rehabilitation, Home Health 

Care, Skilled Nursing Facility and Sub Acute Behavioral Health). 

D. Provide the optional care management services, if any, for the fees set forth in 

Exhibit "A." 


Page 160(23

EXHIBIT "0" 

BUSINESS ASSOCIATE AGREEMENT 

This Business Associate Agreement is entered into by and between HBS (the "Business 

Associate") and the Customer as Plan Sponsor of a self-funded employee benefits plan (the 

"Covered Entity"). 

RECITALS 

A. Covered Entity and Business Associate QOintly "the Parties") wish to modify the 

Administrative Services Agreement ("Agreement") to incorporate the terms of this Exhibit to 

comply with the requirements of: (i) the implementing regulations at 45 C.F.R. Parts 160, 162, 

and 164 for the Administrative Simplification provisions of Title II, Subtitle F of the Health 

Insurance Portability and Accountability Act of 1996 ("HIPAA") {i.e., the HIPAA Privacy Rule, the 

HIPAA Security Standards, and the HIPAA Standards for Electronic Transactions (collectively 

referred to in this Exhibit as "the HIPAA Regulations"», and (ii) the requirements of the Health 

Information Technology for Economic and Clinical Health Act, as incorporated in the American 

Recovery and Reinvestment Act of 2009 ("HITECH Act") that are applicable to business 

associates, along with any guidance and/or regulations issued by the U.S. Department of Health 

and Human Services ("DHHS") as of September 2009. 

B. Covered Entity and Business Associate agree to incorporate into this Exhibit any 

regulations issued by DHHS with respect to the HITECH Act that relate to the obligations of 

business associates and that are required to be (or should be) reflected in a business associate 

agreement. Business Associate recognizes and agrees that it is obligated by law to meet the 

applicable provision of the HITECH Act. 

NOW, THEREFORE, in consideration of the foregoing and the mutual covenants and 

agreements hereinafter addressed, the parties agree as follows: 

1. DEFINITIONS 

(a) "Electronic PHI" shall mean protected health information that is transmitted or 

maintained in any electronic media, as this term is defined in 45 C.F.R. § 

160.103. 

(b) "Umited Data Set" shall mean protected health information that excludes the 

following direct identifiers of the individual or of relatives, employers, or 

household members of the individual: 

(i) Names; 

(ii) Postal address information, other than town or city, state, and zip 

code; 

(iii) Telephone numbers; 

(iv) Fax numbers; 


Page 170'23 

(v) Electronic mail addresses; 

(vi) Social security numbers;

(vii) Medical record numbers; 

(viii) Health plan beneficiary numbers; 

(ix) Account numbers; 

(x) Certificate/license numbers; 

(xi) Vehicle identifiers and serial numbers, including license plate 

numbers; 

(xii) Device identifiers and serial numbers; 

(xiii) Web Universal Resource Locators (URLs); 

(xiv) Internet Protocol (IP) address numbers; 

(xv) Biometric identifiers, including finger and voice prints; and 

(xvi) Full face photographic images and any comparable images. 

(c) "Protected Health InfofTT1ation" or "PHI" shall mean information created or 

received by a health care provider, health plan, employer, or health care 

clearinghouse, that: (i) relates to the past, present. or future physical or 

mental health or condition of an individual. provision of health care to the 

individual. or the past, present, or future payment for provision of health care 

to the individual; (ii) identifies the individual. or with respect to which there is a 

reasonable basis to believe the information can be used to identify the 

individual.; and (iii) is transmitted or maintained in an electronic medium, or in 

any other form or medium. The use of the term "Protected Health 

Information" or "PHI" in this Exhibit shall mean both Electronic PHI and nonelectronic 

PHI. unless another meaning is clearly specified. 

(d) "Security Incident" shall mean the attempted or successful unauthorized 

access. use, disclosure, modification, or destruction of information or 

interference with system operations in an information system. 

(e) All other terms used in this Exhibit shall have the meanings set forth in the 

applicable definitions under the HIPAA Regulations and/or the Security and 

Privacy provisions of the HITECH Act that are applicable to business 

associates along with any regulations issued by the DHHS. 

2. GENERAL TERMS 

(a) In the event of an inconsistency between the provisions of this Exhibit and a 

mandatory term of the HIPAA Regulations (as these terms may be expressly 

amended from time to time by the DHHS or as a result of interpretations by 

DHHS. a court, or another regulatory agency with authority over the Parties). 

the interpretation of DHHS. such court or regulatory agency shall prevail. In 

the event of a conflict among the interpretations of these entities, the conflict 

shall be resolved in accordance with rules of precedence. 


Page 180'23

(b) Where provisions of this Exhibit are different from those mandated by the 

HIPAA Regulations or the HITECH Act, but are nonetheless permitted by the 

Regulations of the Act, the provisions of this Exhibit shall control. 

(c) Except as expressly provided in the HIPAA Regulations, the HITECH Act, or 

this Exhibit, this Exhibit does not create any rights in third parties. 

3. SPECIFIC REQUIREMENTS 

(a) Privacy of Protected Health Information 


Page 19 of 23 

(i) Permitted Uses and Disclosures of PHI. Business Associate agrees to 

create, receive, use, or disclose PHI only in a manner that is consistent 

with this Exhibit or the HIPAA Privacy Rule and only in connection with 

providing the services to Covered Entity identified in the Agreement. 

Accordingly, in providing services to or for the Covered Entity, Business 

Associate, for example, will be permitted to use and disclose PHI for 

"treatment, payment, and health care operations" in accordance with 

the HIPAA Privacy Rule. 

(1) Business Associate shall report to Covered Entity any use or 

disclosure of PHI that is not provided for in this Exhibit. 

(2) Business Associate shall maintain appropriate safeguards as 

necessary to ensure that PHI is not used or disclosed except as 

provided for by this Exhibit. 

(ii) Business Associate Obligations. As permitted by the HIPAA Privacy 

Rule, Business Associate also may use or disclose PHI received by the 

Business Associate in its capacity as a Business Associate to the 

Covered Entity for Business Associate's own operations if: 

(1) the use relates to: (1) the proper management and 

administration of the Business Associate or to carry out legal 

responsibilities of the Business Associate, or (2) data 

aggregation services relating to the health care operations of 

the Covered Entity; or 

(2) the disclosure of information received in such capacity will be 

made in connection with a function, responsibility, or services 

to be performed by the Business Associate, and such 

disclosure is required by law or the Business Associate 

obtains reasonable assurances from the person to whom the 

information is disclosed that it will be held confidential and the 

person agrees to notify the Business Associate of any 

breaches of confidentiality. 

(iii) Minimum Necessary Standard and Creation of Limited Data Set. 

Business Associate's use, disclosure, or request of PHI shall 

utilize a Limited Data Set if practicable. Otherwise, in performing 

the functions and activities as specified in the Agreement and this 

Exhibit, Business Associate agrees to use, disclose, or request

HBS Administrative Services Agreement- 07/12 

Page 20 of 23 

only the rmmmum necessary PHI to accomplish the intended 

purpose of the use, disclosure, or request. 

(iv) Access. In accordance with 45 C.F.R. § 164.524 of the HIPAA 

Privacy Rule and, where applicable, in accordance with the 

HITECH Act, Business Associate will make available to those 

individuals who are subject of PHI, their PHI in Designated Record 

Sets by providing the PHI to Covered Entity (who then will share 

the PHI with the individual), by forwarding the PHI directly to the 

individual, or by making the PHI available to such individual at a 

reasonable time and at a reasonable location. Business 

Associate shall make such information available in an electronic 

format if requested by the Covered Entity. 

(v) Disclosure Accounting. Business Associate shall use best efforts 

to make available the information necessary to provide an 

accounting of disclosures of PHI as provided for in 45 C.F.R. § 

164.528 of the HIPAA Privacy Rule, and where so required by the 

HITECH Act and/or any accompanying regulations. Business 

Associate is not required to record disclosure information or 

otherwise account for disclosures of PHI that this Exhibit or the 

Agreement in writing permits or requires: (i) for the purpose of 

payment activities or health care operations (except where such 

recording or accounting is required by the HITECH Act, and as of 

the effective dates for this provision of the HITECH Act), (ii) to the 

individual who is the representative; (iii) to persons involved in that 

individual's health care or payment for health care; (iv) for 

notification for disaster relief purposes, (v) for national security or 

intelligence purposes, {vi)to law enforcement officials or 

correctional institutions regarding inmates; (vii) pursuant to an 

authorization; (viii) for disclosures of certain PHI made as part of 

a limited data set; and (ix) for certain incidental disclosures that 

may occur where reasonable safeguards have been implemented. 

(vi) Amendment. Business Associate shall make available PHI for 

amendment and incorporate any amendment to PHI in 

(vii) 

accordance with 45 C.F.R. § 164.526 of the HIPAA Privacy Rule. 

Return or Destruction of PHI. Upon the termination or expiration 

t 

J 

of the Agreement or this Exhibit, Business Associate agrees to 

return the PHI to Covered Entity, destroy the PHI (and retain no 

copies), or further protect the PHI if Business Associate 

determines that return or destruction is not feasible. 

t 

(viii) Availability of Books and Records. Business Associate shall make 

I 

available to DHHS or its agents the Business Associate's internal 

practices, books, and records relating to the use and disclosure of 

PH I in connection with this Exhibit. 

(ix) Termination for Breach. 

E 

i 

I 

I 

I , r "

(1) Business Associate agrees that Covered Entity shall have 


Business Associate violates a material term of this Exhibit. 

(3) Covered Entity agrees that Business Associate shall have 


Covered Entity violates a material term of this Exhibit. 

(b) Information and Security Standards 


Page 21 of 23 

(i) Business Associate will develop, document, implement, maintain, and 

use appropriate administrative, technical, and physical safeguards to 

preserve the integrity, confidentiality, and availability of, and to 

prevent non-permitted use or disclosure of, PHI created or received 

for or from the Covered Entity. 

(ii) Business Associate agrees that with respect to PHI, these safeguards 

shall meet the requirements of the HIPAA Security Standards which 

are applicable to Business Associate. 

(iii) To comply with the HIPAA Security Standards for PHI, Business 

Associate agrees that it shall: 

(1) Implement administrative, physical, and technical 

safeguards consistent with (and as required by) the HIPAA Security 

Standards that reasonably protect the confidentiality, integrity, and 

availability of PHI that Business Associate creates, receives, 

maintains, or transmits on behalf of Covered Entity. Business 

Associate shall develop and implement policies and procedures that 

meet the Security Standards documentation requirements as required 

by the HITECH Act. 

(2) Use best efforts to ensure that any agent, including a 

subcontractor, to whom it provides such PHI agrees to implement 

reasonable and appropriate safeguards to protect it; 

(3) Report to Covered Entity, Security Incidents of which 

Business Associate becomes aware that result in the unauthorized 

access, use, disclosure, modification, or destruction of the Covered 

Entity's PHI, (hereinafter referred to as "Successful Security 

Incidents"). Business Associate shall report Successful Security 

Incidents to Covered Entity as specified in Section 3{d); 

i. Take all commercially reasonable steps to mitigate, 

to the extent practicable, any harmful effect that is 

known to Business Associate resulting from a 

Security Incident; 

ii. Upon reasonable written request from Covered 

Entity, Business Associate will provide Covered 

Entity with access to and copies of documentation , 

regarding Business Associate's safeguards for PHI. 

I 

I 

I

(c) Agents and Subcontractors. Business Associate shall include in all contracts 

with its agents or subcontractors, if such contracts involve the disclosure of 

PHI to the agents or subcontractors, the same restrictions and conditions on 

the use, disclosure, and security of such PHI that are set forth in this Exhibit. 

(d) Breach of Privacy or Security Obligations. 

(i) Notice and Reporling to Covered Entity. Business Associate will 

notify and report to Covered Entity (in the manner and within the 

timeframes described below) any use or disclosure of PHI not 

permitted by this Exhibit, by applicable law, or permitted in writing by 

Covered Entity. 

I 

! 

I 

I 

(ii) Notice to Covered Entity. Business Associate will notify Covered 

Entity immediately following discovery and without unreasonable 

delay of any "Breach" of "Unsecured Protected Health Information" as 

these terms are defined by the HITECH Act and any implementing 

regulations. Such notice shall identify (if known): 

a. Those individuals whose Unsecured Protected Health 

Information has been, or is reasonably believed by 

Business Associate to have been accessed, acquired, or 

disclosed during such Breach; 

I 

(e) Termination for Breach. 

b. The nature of the non-permitted access, use, or disclosure 

including the date of the incident and the date of discovery; 

c. The PHI accessed, used, or disclosed {e.g., name; social 

security number date of birth}; 

d. What corrective action Business Associate took or will take 

to prevent further non-permitted accesses, uses, or 

disclosures; and 

g. What Business Associate did or will do to mitigate any 

deleterious effect of the non-permitted access, use, or 

disclosure. 

(1) Covered Entity and Business Associate each will have the 

right to terminate this Exhibit if the other party has engaged in 

a pattern of activity or practice that constitutes a material 

breach or violation of Business Associate's or the Covered 

Entity's respective obligations regarding PHI under this Exhibit 

and, on notice of such material breach or violation from the 

Covered Entity or Business Associate, fails to take reasonable 

steps to cure the material breach or end the violation. 

(2) If Business Associate or the Covered Entity fail to cure the 

material breach or end the violation after the other party's 

notice, the Covered Entity or Business Associate {as 

HBS Administrative Services Agreement - 07112 E 

Page 22 of 23 I 

[

applicable) may terminate this Exhibit by providing Business 

Associate or the Covered Entity written notice of termination, 

stating the incurred material breach or violation that provides 

the basis for the termination and specifying the effective date 

of the termination. Such termination shall be effective 60 days 

from this termination notice. 

(f) Continuing Privacy and Security Obligations. Business Associate's and 

the Covered Entity's obligation to protect the privacy and security of the 

PHI it created, received, maintained, or transmitted in connection with 

services to be provided under the Agreement and this Exhibit will be 

continuous and survive termination, cancellation, expiration, or other 

conclusion of this Exhibit or the Agreement. Business Associate's other 

obligations and rights, and the Covered Entity's obligations and rights 

upon termination, cancellation, expiration, or other conclusion of this 

Exhibit, are those set forth in this Exhibit and/or the Agreement. 

(g) Responsibilities of the Covered Entity. With regard to the use and/or 

disclosure of protected health information by the Business Associate, the 

Covered Entity hereby agrees to notify the Business Associate, in writing 

and in a timely manner, of any restrictions on the use and/or disclosure of 

protected health information agreed to by the Covered Entity. 

(h) Mutual Representation and Warranty. Each party represents and 

warrants to the other party that all of its employees, agents, 

representatives and members of its work force, who services may be 

used to fulfill obligations under this Agreement, are or shall be 

appropriately informed of the terms of this Agreement and are under legal 

obligation to fully comply with all provisions of this Agreement. 


Page 23 of 23



POP & Enrollment Services - Annie Castro 


Admin 



Information 

Discuss and consider execution of a contract for RFP No. 2912-12 Cafeteria Administration, including Premium 

Only Plan (POP) & Enrollment/Billing Services. 

BACKGROUND 

DISCUSSION



Health Insurance Contribution Rates 

Submitted For: Steve Waterman, Director 

Submitted By: Theresa McLemore, Commissioners 

Court Admin 



Information 

Discuss and consider approval of the 2012-2013 County and Employee contribution rates for the Health Benefits 

Plan and Life Insurance Plan. 

BACKGROUND 

DISCUSSION 

Health Premiums FY12-13 

Attachments

Commissioners Court - Regular 4. B. 1. 


Discuss and consider executing an agreement with Dr. William Burgin, Jr. to serve as Local Health Authority 

Submitted For: Annette Rodriguez, MPH, Director of Public Health 


Admin 



Information 

Discuss and consider executing an agreement with Dr. William Burgin, Jr., to serve as the Local Health Authority 

for the Public Health District. 

BACKGROUND 

The Corpus Christi-Nueces County Public Health District engages Dr. Burgin to provide professional services for 

the Health District in the capacity of the Health District's appointed local health authority. 

DISCUSSION 

Fiscal Impact: Annually budgeted at 50% of approved salary. 

Burgin Agreement 

Attachments

PROFESSIONAL SERVICES AGREEMENT 

BETWEEN THE 

CITY OF CORPUS CHRISTI, 

NUECES COUNTY, 

AND 

HEALTH AUTHORITY 

THE STATE OF TEXAS § 

§ KNOW ALL BY THESE PRESENTS: 

COUNTY OF NUECES § 

Section 1. Parties. This professional services agreement ("Agreement") is entered into by 

and between the City of Corpus Christi, a Texas home-rule municipal corporation ("City"), 

acting through its City Manager or the City Manager's designee ("City Manager"), Nueces 

County ("County"), a political subdivision of the State of Texas, acting through its County 

Judge or the County Judge's designee ("County Judge"), and Dr. William W. Burgin, Jr., 

M. D., a licensed medical doctor of the State of Texas, in his/her individual capacity ("Dr. 

Burgin"). For the purposes set out in this document, the City and County, acting as an organized 

local public health district pursuant to an existing cooperative agreement between 

the parties, may collectively be referred to as the "Health District" in this Agreement. 

Section 2. Engagement. The Health District engages Dr. Burgin to provide professional 

services for the Health District in the capacity of the Health District's appointed local health 

authority ("Health Authority"), as the specific term and duties are defined under State law. 

Section 3. Contract Administrator. This Agreement will be administered by the City on 

behalf of the purposes of the Health District. 

Section 4. Term. Following appointment by the Health District's governing bodies and 

execution by the last party, the term of this Agreement commences with the date of the 

appointment and terminates under the provisions of Section 19 of this Agreement. 

Section 5. Services. In consideration of payment to be made for services rendered, 

Dr. Burgin agrees to provide professional services including, but not limited to, serving as the 

Medical Director, serving as the Local Health Authority, and performing the duties specified 

in Chapter 121 of the Texas Health and Safety Code for the Health District, whose main 

facility is located at 1702 Horne Road, Corpus Christi, Nueces County, Texas, and to the 

subdivisions of the City and County's Health Departments, such as Vital Statistics, Animal 

Control, and Vector Control, which are physically located elsewhere within the jurisdictional 

limits of Nueces County ("Services"). In the event that Dr. Burgin provides specific programrelated 

professional duties to the District's infectious diseases program or other clinical 

programs, Dr. Burgin shall be paid separately in accordance with the relevant State or federal 

program grant. Dr. Burgin will notify the Health District's Director each time authority is 

transferred and the expected duration of the transfer. 

Section 6. Emergency Operations Center. In the event of a weather, biological, or health 

emergency, or other public emergency, Dr. Burgin additionally agrees to provide Services

e amended by adding the wording "materially changed or" between "be" and "canceled," 

deleting the words "endeavor to," and deleting the wording after "left." In lieu of modification 

of an ACORD form, separate endorsements addressing the same substantive requirements, 

as stated in this section and Exhibit A, are mandatory on the ACORD form. 

(D) Dr. Burgin must provide workers' compensation coverage through a licensed insurance 

company or through self-insurance obtained in accordance with Texas law. 

Section 10. Indemnification. To the extent allowed by Texas law, 

Dr. Burgin t1Indemnitor") will indemnify and hold harmless the City, 

the County, and their respective officers, employees, representatives, 

and agents t1Indemnitees") from and against any and all liability, 

damages, loss, claims, demands, suits, and causes ofaction ofevery 

nature whatsoever asserted against orrecovered from the Indemnitees, 

orany ofthem individually, on account ofpersonal injuries 

(including, without limitation on the foregoing, workers' 

compensation, premises defects, and death claims), property loss or 

damage, orany other kind ofdamage, including dishonest, 

fraudulent, negligent, or criminal acts ofthe Indemnitor or any of 

his/her employees, representatives, oragents, acting alone or in 

collusion with others, and including all expenses oflitigation, court 

costs, and attorneys' fees which arise, or are claimed to arise, out of 

orin connection with the services provided by the Indemnitor 

pursuant to this Agreement, regardless of whether such injuries, 

death, ordamages are caused or claimed to be caused by the 

concurrent orcontributory negligence ofthe Indemnitees, orany of 

them individually. The Indemnitor covenants and agrees that, if the 

Indemnitees, orany ofthem individually, are made a party to any 

litigation against the Indemnitor or, in any litigation commenced by 

any party other than the Indemnitor, relating to this Agreement, the 

Indemnitor, shall, upon receipt ofreasonable notice regarding the 

commencement ofany litigation, at its own expense, investigate all 

claims and demands, attend to their settlement orother disposition, 

defend the Indemnitees collectively oreach separately, in all actions 

based thereon with counsel satisfactory to the Indemnitees, and pay 

all charges ofattorneys and all other costs and expenses ofany kind 

arising from any said liability, damage, loss, demand, claim, or 

action. 

Section 11. Nondiscrimination. Dr. Burgin shall not discriminate nor permit discrimination 

against any person or group of persons, as to employment or in the performance of Services 

under this Agreement, on the grounds of race, religion, national origin, sex, disability, or age, 

Health Authority Comp Agmt vFinal20120127 Page 3 of9

or in any manner prohibited by the laws of the United States or the State of Texas. The City 

and County each retains the right to take such action as the United States may direct to enforce 

this non-discrimination covenant. 

Section 12. Compliance with Laws. Dr. Burgin must comply with all applicable federal, 

State, and local government laws, rules, regulations, and ordinances, which may be 

applicable to the Services to be rendered under this Agreement and to his/her performance 

under this Agreement. 

Section 13. Notices. 

(A) All notices, demands, requests, or replies provided for or permitted, under this 

Agreement by either party must be in writing and must be delivered by one of the following 

methods: (1) by personal delivery; (2) by deposit with the United States Postal Service as 

certified mail, return receipt requested, postage prepaid; (3) by prepaid telegram; (4) by deposit 

with an overnight express delivery service, for which service has been prepaid; or, (5) 

by fax transmission. 

(B) Notice deposited with the United States Postal Service in the manner described above 

will be deemed effective two (2) business days after deposit with the United States Postal 

Service. Notice by telegram or overnight express delivery service in the manner described 

above will be deemed effective one (1) business day after transmission to the telegraph 

company or overnight express carrier. Notice by fax will be deemed effective upon transmission 

with proof of delivery to the receiving party. All such communications must only be 

made to the following: 

IF TO THE HEALTH DISTRICT: IF TO DR. BURGIN: 

City of Corpus Christi Dr. William W. Burgin, Jr. 

Attn: City Manager Physician's Plaza West 

P. O. Box 9277 2601 Hospital Blvd., Suite 117 

Corpus Christi, TX 78469-9277 Corpus Christi, TX 78405 

(361) 880-3220 Office (361) 884-8209 Office 

(361) 880-3839 Fax (361) 882-6649 Fax 

With a COPy to: 

Nueces County 

Attn: County Judge 

901 Leopard St., Rm. 303 


(361) 888-0444 Office 

(361) 888-0445 Fax 

(C) Either party may change the address to which notice is sent by using a method set out 

above in this section. Dr. Burgin must notify the Health District of an address or phone 

number change within 10 days after the address or number is changed. 

Section 14. Amendments. No alterations, changes, or modifications to the terms of this 

Agreement nor the waiver of any provision will be valid unless made in writing and signed by 

Health Authority Comp Agmt vFinal 20120127 Page 4 of9

1 

J 

i 

all parties to this Agreement by a person authorized to sign agreements on behalf of each 

party. With respect the Health District, the parties authorized to sign are as stated in the 

parties' cooperative agreement. 

Section 15. Waiver . 

(A) The failure of any party to complain of any act or omission on the part of the other party, 

no matter how long the same may continue, will not be deemed a waiver by said party of any 

of its rights under this Agreement. 

(B) No waiver of any covenant or condition or of the breach of any covenant or condition of 

this Agreement by any party at any time, express or implied, will be taken to constitute a 

waiver of any subsequent breach of the covenant or condition nor will justify or authorize the 

nonobservance on any other occasion of the same or any other covenant or condition of this 

Agreement. 

(C) If any action by Dr. Burgin requires the consent or approval of the Health District on one 

occasion, any consent or approval given on said occasion will not be deemed a consent or 

approval of the same or any other action at any other occasion. 

(D) Any waiver or indulgence of Dr. Burgin's default of any provision of this Agreement will 

not be considered an estoppel against the Health District. It is expressly understood that, if at 

any time Dr. Burgin is in default of any of the conditions or covenants of this Agreement, the 

failure on the part of the Health District to promptly avail itself of any rights and remedies 

which the Health District may have will not be considered a waiver on the part of the Health 

District, but the Health District may at any time avail itself of said rights or remedies or elect to 

terminate this Agreement on account of said default. 

(E) The rights and remedies in this section are cumulative and are in addition to any other 

rights and remedies provided by law. 

Section 16. Budgetary Appropriations. Dr. Burgin understands and acknowledges that 

the continuation of this Agreement after the close of any fiscal year of the City or County, 

which fiscal year ends on July 31 and September 30, respectively, of each year, is subject to 

sufficient appropriations and budget approval providing for or covering this Agreement as an 

expenditure in the City's and County's budgets. Neither the City nor the County represents to 

Dr. Burgin that said budget item will be actually adopted, the determination as to appropriations 

and expenses being within the sole discretion of the City's and County's governing 

bodies at the time of adoption of their respective budgets. If revenue funds are not appropriated 

by the City and County for any individual fiscal year following the execution of this 

Agreement, the Health District reserves the right to terminate this Agreement without penalty. 

Section 17. Force Majeure. No party to this Agreement will be liable for failures or delays 

in performance due to any cause beyond their control including, but not limited to, any 

failures or delays in performance caused by strikes, lock outs, fires, acts of God or the public 

enemy, common carrier, severe inclement weather, riots or interference by civil or military 

authorities. The rights and obligations of the parties will be temporarily suspended during this 

period to the extent performance is reasonably affected. 

Health Authority Comp Agmt vFinal 20120127 Page 50f9

Section 18. Assignment and Transfer of Agreement. This Agreement may not be, in 

whole or in part, assigned or transferred, directly or indirectly, by Dr. Burgin without the prior 

written consent of the Health District. Subject to the foregoing, this Agreement shall be 

binding upon the Health District and Dr. Burgin and each of their respective successors and 

assigns. 

Section 19. Termination of Agreement. 

(A) This Agreement terminates upon the earlier of the following: 

(1) The termination date specified in a written notice sent to Dr. Burgin from the Health 

District; 

(2) Lack of budgetary appropriations by the City or County, as specified in Section 16; 

(3) Expiration of the appointment of Dr. Burgin to act as the local Health Authority; or 

(4) By mutual consent of the parties to this Agreement. 

(B) In the event of a termination of this Agreement, any unpaid compensation due by the 

Health District to Dr. Burgin for Services performed up to the effective date of termination will 

be paid to Dr. Burgin within 10 days of the effective termination date. 

(C) The parties acknowledge and agree that this Agreement may be terminated with or 

without cause. 

(D) In the event of the expiration of the appointment of Dr. Burgin under the provisions of 

(A)(3) above, should Dr. Burgin continue to serve the District in a holdover capacity, this 

Agreement shall continue only until Dr. Burgin has been duly reappointed (at which time a 

new agreement will be executed and in place) or until another individual has been appointed 

as the Health Authority by the members of the District. It is the express intent of the parties 

that the terms of this Agreement shall survive during any holdover period, absent notice of 

termination under the provisions of (A)(1) above. 

Section 20. Venue and Jurisdiction. 

(A) All actions brought to enforce compliance will be brought in Nueces County, where this 

Agreement was executed and will be performed. 

(B) This Agreement will be governed by and construed in accordance with the laws of the 

State of Texas. 

Section 21. Severability. 

(A) If, for any reason, any section, paragraph, subdivision, clause, provision, phrase, or word 

of this Agreement or the application hereof to any person or circumstance is, to any extent, 

held illegal, invalid, or unenforceable under present or future law or by a final judgment of a 

court of competent jurisdiction, then the remainder of this Agreement, or the application of 

said term or provision to persons or circumstances other than those as to which it is held 

illegal, invalid, or unenforceable, will not be affected thereby, for it is the definite intent of the 

Health Authority Comp Agmt vFinal 20120127 Page 6 of9

parties to this Agreement that every section, paragraph, subdivision, clause, provision, 

phrase, or word hereof be given full force and effect for its purpose. 

(B) To the extent that any clause or provision is held illegal, invalid, or unenforceable under 

present or future law effective during the term of this Agreement, then the remainder of this 

Agreement is not affected thereby, and in lieu of each such illegal, invalid, or unenforceable 

clause or provision, a clause or provision, as similar in terms to such illegal, invalid, or 

unenforceable clause or provision as may be possible and be legal, valid, and enforceable, 

will be added to this Agreement automatically. 

Section 22. Disclosure of Interest. In compliance with Section 2-349 of the City's Code of 

Ordinances, Dr. Burgin agrees to complete the City's Disclosure of Interests form, which is 

attached to this Agreement as Exhibit B, the contents of which are incorporated in this 

document by reference as if fully set out in this Agreement. Dr. Burgin shall also be 

responsible for completing any disclosure forms required by the County relating to this 

Agreement. 

Section 23. Entirety Clause. This Agreement and the attached and incorporated exhibits 

constitute the entire agreement between the parties for the purposes stated. All other 

agreements, promises, representations, and understandings, oral or otherwise, with 

reference to the subject matter hereof, unless contained in this Agreement, are expressly 

revoked, as the parties intend to provide for a complete understanding within the provisions 

of this Agreement and its exhibits of the terms, conditions, promises, and covenants relating 

to Dr. Burgin's performance hereunder. 

(EXECUTION PAGES FOLLOW) 

Health AuthOrity Comp Agmt vFinal 20120127 Page 7 of 9

Commissioners Court - Regular 4. B. 2. 


Discuss and consider executing an agreement with Dr. Colette Simon to serve as Alternate Local Health Authority 

for the Health District 



Admin 



Information 

Discuss and consider executing an agreement with Dr. Colette Simon to serve as Alternate Local Health Authority 

for the Health District. 

BACKGROUND 

The Corpus Christi-Nueces County Public Health District engages Dr. Colette Simon to provide professional 

services for the Health District in the capacity of the Health District's appointed alternate local health authority. 

Fiscal Impact: No fiscal impact to General Fund. No match funding is required. 

DISCUSSION 

Simon agreement 

Attachments

to the EOC upon the request of the City or County EOC Director ("Director") and will remain 

on duty until released by the Director. 

Section 7. Relationship of the Parties. 

(A) Dr. Simon will perform all Services as an independent contractor and will furnish the 

Services in hislher own manner and method. Under no circumstances or conditions will 

Dr. Simon be considered an employee of the City or County or the District for any purpose or 

reason. Dr. Simon may only act as an agent of the Health District in the capacity of a medical 

director and local Alternate Health Authority under State law. 

(B) Dr. Simon acknowledges that he/she is competent, capable, qualified, and duly licensed 

by the State of Texas to perform the Services specified under this Agreement. Dr. Simon, 

subject to the selection by Dr. Burgin and approval of and appointment by the City and 

County, shall serve as a designee of and for Dr. Burgin in the event of Dr. Burgin's absence, 

incapacitation, or inability to serve under the terms of Dr. Burgin's separate agreement with 

the Health District and Chapter 121 of the Texas Health and Safety Code. In compliance with 

Section 121.0451(4) ofthe Texas Health and Safety Code, Dr. Simon will file a certified copy 

of Dr. Burgin's written delegation with the T8*as Board of Health State each time authority is 

transferred by Dr. Burgin to Dr. Simon due to Dr. Burgin's absence, incapacitation, or inability 

to serve. 

Section 8. Fee/Compensation for Services. 

(A) In the event that Dr. Burgin utilizes the services of Dr. Simon, as his alternate, for any 

portion of any day under the term of this Agreement, Dr. Burgin shall be responsible for 

compensating Dr. Simon as specified under the terms of Dr. Burgin's separate agreement 

with the Health District. 

(B) Dr. Simon acknowledges and agrees that he/she is personally responsible for the 

payment of all federal, State, and local taxes and fees, of any nature Whatsoever, accruing or 

that may derive from the receipt of compensation, by Dr. Simon, under this Agreement. 

Section 9. Insurance Required. 

(A) Before the performance required under this Agreement can begin, Dr. Simon shall 

deliver copies of all Certificates of Insurance ("Certificates") required by Exhibit A, which is 

attached to this Agreement and incorporated in this Agreement by reference, as proof that 

the required insurance coverage provisions of this Agreement have been satisfied. Copies of 

the Certificates must be submitted to the City's Risk Manager ("Risk Manager") and to the 

City Manager. Dr. Simon must maintain in good standing and keep in force all insurance 

coverages required under this Agreement for the term of this Agreement. 

(B) The Certificates must state, in writing on the face of each document, that the Risk 

Manager shall be given at least 30 days written notice of cancellation, any material change, 

or intent not to renew any of the policies required under this Agreement, by certified mail. 

Additionally, the City of Corpus Christi and Nueces County must be named as separate 

additional insureds for liability arising from Dr. Simon's provision of Services under this 

Agreement. 

Health Authority Substit Camp Agmt vFinal20120127 Page 2 of9 

, "

· ," 

(C) If the insurance company or companies utilized by Dr. Simon elects to use the standard 

ACORD form, the cancellation clause located on the bottom right of each ACORD form must 

be amended by adding the wording "materially changed or" between "be" and "canceled," 

deleting the words "endeavor to," and deleting the wording after "left." In lieu of modification 

of an ACORD form, separate endorsements addreSSing the same substantive requirements, 

as stated in this section and Exhibit A, are mandatory on the ACORD form. 

(D) Dr. Simon must provide workers' compensation coverage through a licensed insurance 

company or through self-insurance obtained in accordance with Texas law. 

Section 10. Indemnification. To the extent allowed by Texas law, 

Dr. Simon ("Indemnitor'? will indemnify and hold harmless the City, 

the County, and their respective officers, employees, representatives, 

andagents ("lndemnitees'? from and against any and all liability, 

damages, loss, claims, demands, suits, and causes ofaction of evety 

nature whatsoever asserted against or recovered from the Indemnitees, 

or any of them individually, on account ofpersonal injuries 

(including, without limitation on the foregoing, workers' compensation, 

premises defects, and death claims), property loss ordamage, 

orany other kind of damage, including dishonest, fraudulent, negligent, 

or criminal acts ofthe Indemnitor orany ofhis/her employees, 

representatives, oragents, acting alone or in collusion with others, 

and including all expenses oflitigation, court costs, and attorneys' 

fees which arise, or are claimed to arise, out ofor in connection with 

the services provided by the Indemnitor pursuant to this Agreement, 

regardless of whether such injuries, death, or damages are caused or 

claimed to be caused by the concurrent orcontributoty negligence of 

the Indemnitees, orany of them individually. The Indemnitor covenants 

and agrees that, ifthe Indemnitees, or any of them individually, 

are made a party to any litigation against the Indemnitor or, in any 

litigation commenced by any party other than the Indemnitor, relating 

to this Agreement, the Indemnitor, shall, upon receipt ofreasonable 

notice regarding the commencement ofany litigation, at its own 

expen$e, investigate all claims and demands, attend to theirsett/ement 

or otherdisposition, defend the Indemnitees collectively or 

each separately, in all actions based thereon with counsel satisfactoty 

to the Indemnitees, andpay all charges ofattorneys and all 

other costs and expenses ofany kind arising from anysaid liability, 

damage, loss, demand, claim, oraction. 

Section 11. Nondiscrimination. Dr. Simon shall not discriminate nor permit discrimination 

against any person or group of persons, as to employment or in the performance of Services 

Health Authority Substit Comp Agmt vFinal 20120127 Page 3 of9

under this Agreement, on the grounds of race, religion, national origin, sex, disability, or age, 

or in any manner prohibited by the laws of the United States or the State of Texas. The City 

and County each retains the right to take such action as the United States may direct to enforce 

this non-discrimination covenant. 

Section 12. Compliance with Laws. Dr. Simon must comply with all applicable federal, 

State, and local government laws, rules, regulations, and ordinances, which may be 

applicable to the Services to be rendered under this Agreement and to his/her performance 

under this Agreement. 

Section 13. Notices. 

(A) All notices, demands, requests, or replies provided for or permitted, under this 

Agreement by either party must be in writing and must be delivered by one of the following 

methods: (1) by personal delivery; (2) by deposit with the United States Postal Service as 

certified mail, return receipt requested, postage prepaid; (3) by prepaid telegram; (4) by deposit 

with an overnight express delivery service, for which service has been prepaid; or, (5) 

by fax transmission. 

(B) Notice deposited with the United States Postal Service in the manner described above 

will be deemed effective two (2) business days after deposit with the United States Postal 

Service. Notice by telegram or overnight express delivery service in the manner described 

above will be deemed effective one (1) business day after transmission to the telegraph 

company or overnight express carrier. Notice by fax will be deemed effective upon transmission 

with proof of delivery to the receiving party. All such communications must only be 

made to the following: 

IF TO THE HEALTH DISTRICT: IF TO DR. SIMON: 

City of Corpus Christi Dr. ColetteSimon 

Attn: City Manager Physician's Plaza West 

P. O. Box 9277 2601 Hospital Blvd., Suite 117 

Corpus Christi, TX 78469-9277 Corpus Christi, TX 78405 

(361) 826-3220 Office (361) 884-8200 Office 

(361) 826-3839 Fax (361) 882-6649 Fax 

With a copy to: 

Nueces County 

Attn: County Judge 

901 Leopard St., Rm. 303 


(361) 888-0444 Office 

(361) 888-0445 Fax 

(C) Either party may change the address to which notice is sent by using a method set out 

above in this section. Dr. Simon must notify the Health District of an address or phone 

number change within 10 days after the address or number is changed. 

Health Authority Substit Comp Agmt vFinal20120127 Page 4 of9

Section 14. Amendments. No alterations, changes, or modifications to the terms of this 

Agreement nor the waiver of any provision will be valid unless made in writing and signed by 

all parties to this Agreement by a person authorized to sign agreements on behalf of each 

party. With respect the Health District, the parties authorized to sign are as stated in the 

parties' cooperative agreement 

Section 15. Waiver. 

(A) The failure of any party to complain of any act or omission on the part of the other party, 

no matter how long the same may continue, will not be deemed a waiver by said party of any 

o'f its rights under this Agreement 

(8) No waiver of any covenant or condition or of the breach of any covenant or condition of 

this Agreement by any party at any time, express or implied, will be taken to constitute a 

waiver of any subsequent breach of the covenant or condition nor will justify or authorize the 

nonobservance on any other occasion of the same or any other covenant or condition of this 

Agreement 

(C) If any action by Dr. Simon requires the consent or approval of the Health District on one 

occasion, any consent or approval given on said occasion will not be deemed a consent or 

approval of the same or any other action at any other occasion. 

(D) Any waiver or indulgence of Dr. Simon's default of any provision of this Agreement will 

not be considered an estoppel against the Health District It is expressly understood that, if at 

any time Dr. Simon is in default of any of the conditions or covenants of this Agreement, the 

failure on the part of the Health District to promptly avail itself of any rights and remedies 

which the Health District may have will not be considered a waiver on the part of the Health 

District, but the Health District may at any time avail itself of said rights or remedies or elect to 

terminate this Agreement on account of said default. 

(E) The rights and remedies in this section are cumulative and are in addition to any other 

rights and remedies provided by law. 

Section 16. Budgetary Appropriations. Dr. Simon understands and acknowledges that 

the continuation of this Agreement after the close of any fiscal year of the City or County, 

which fiscal year ends on July 31 and September 30, respectively, of each year, is subject to 

sufficient appropriations and budget approval providing for or covering this Agreement as an 

expenditure in the City's and County's budgets. Neither the City nor the County represents to 

Dr. Simon that said budget item will be actually adopted, the determination as to appropriations 

and expenses being within the sole discretion of the City's and County's governing 

bodies at the time of adoption of their respective budgets. If revenue funds are not appropriated 

by the City and County for any individual fiscal year following the execution of this 

Agreement, the Health District reserves the right to terminate this Agreement without penalty. 

Section 17. Force Majeure. No party to this Agreement will be liable for failures or delays 

in performance due to any cause beyond their control including, but not limited to, any 

failures or delays in performance caused by strikes, lock outs, fires, acts of God or the public 

enemy, common carrier, severe inclement weather, riots or interference by civil or military 

authorities. The rights and obligations of the parties will be temporarily suspended during this 

period to 'the extent performance is reasonably affected. 

Health Authority Substit Comp Agmt vFinal 20120127 Page 5ot9

Section 18. Assignment and Transfer of Agreement. This Agreement may not be, in 

whole or in part, assigned or transferred, directly or indirectly, by Dr. Simon without the prior 

written consent of the Health District. Subject to the foregoing, this Agreement shall be 

binding upon the Health District and Dr. Simon and each of their respective successors and 

assigns. 

Section 19. Termination of Agreement. 

(A) This Agreement terminates upon the earlier of the following: 

(1) The tennination date specified in a written notice sent to Dr. Simon from the Health 

District; 

(2) Lack of budgetary appropriations by the City or County, as speCified in Section 16; 

(3) Expiration of the appointment of Dr. Burgin to act as the local Health Authority; 

(4) Expiration of the appointment of Dr. Simon to act as the local Alternate Health 

Authority; 

(5) Following written notice to the City and County by Dr. Burgin of the withdrawal of 

Dr. Burgin's consent to hav!! Dr. Simon serve as Dr. Burgin's designee, on behalf of 

the Health District, pursuant to Chapter 121 of the Texas Health and Safety Code; 

or 

(6) By mutual consent of the parties to this Agreement. 

(B) In the event of a termination of this Agreement, any unpaid compensation due by the 

Health District to Dr. Simon for Services performed up to the effective date of termination will 

be paid to Dr. Simon within 10 days of the effective termination date. 

(C) The parties acknowledge and agree that this Agreement may be terminated with or 

without cause. 

(D) In the event of the expiration of the appointment of Dr. Burgin under the provisions of 

(A)(3) above and the expiration of the appointment of Dr. Simon under the provisions of 

(A)(4) above, should Dr. Burgin continue to serve the District in a holdover capacity and Dr. 

Simon agrees to serve likewise as the local Alternate Health Authority, this Agreement shall 

continue only until Dr. Burgin has been duly reappointed (at which time, if Dr. Burgin desires, 

a new agreement with Dr. Simon will be executed and in place) or until another individual has 

been appointed as the Health Authority by the members of the District. It is the express 

intent of the parties that the terms of this Agreement shall survive during any holdover period, 

absent notice of termination under the provisions of (A)(1) above or the withdrawal of consent 

under the provisions of (A)(5) above. 

Section 20. Venue and Jurisdiction. 

(A) All actions brought to enforce compliance will be brought in Nueces County, where this 

Agreement was executed and will be performed. 

Health Authority Substit Comp Agmt vFinal 20120127 Page 6 of9

(8) This Agreement will be governed by and construed in accordance with the laws of the 

State of Texas. 

Section 21. Severability. 

(A) If, for any reason, any section, paragraph, subdivision, clause, provision, phrase, or word 

of this Agreement or the application hereof to any person or circumstance is, to any extent, 

held illegal, invalid, or unenforceable under present or future law or by a final judgment of a 

court of competent jurisdiction, then the remainder of this Agreement, or the application of 

said term or provision to persons or circumstances other than those as to which it is held 

illegal, invalid, or unenforceable, will not be affected thereby, for it is the definite intent of the 

parties to this Agreement that every section, paragraph, subdivision, clause, provision, ' 

phrase, or word hereof be given full force and effect for its purpose. 

(8) To the extent that any clause or provision is held illegal, invalid, or unenforceable under 

present or future law effective during the term of this Agreement, then the remainder of this 

Agreement is not affected thereby, and in lieu of each such illegal, invalid, or unenforceable 

clause or provision, a clause or provision, as similar in terms to such illegal, invalid, or 

unenforceable clause or provision as may be possible and be legal, valid, and enforceable, 

will be added to this Agreement automatically. 

Section 22. Disclosure of Interest In compliance with Section 2-349 of the City's Code of 

Ordinances, Dr. Simon agrees to complete the City's Disclosure of Interests form, which is 

attached to this Agreement as Exhibit B, the contents of which are incorporated in this 

document by reference as if fully set out in this Agreement. Dr. Simon shall also be 

responsible for completing any disclosure forms required by the County relating to this 

Agreement. 

Section 23. Entirety Clause. This Agreement and the attached and incorporated exhibits 

constitute the entire agreement between the parties for the purposes stated. All other 

agreements, promises, representations, and understandings, oral or otherwise, with 

reference to the subject matter hereof, unless contained in this Agreement, are expressly 

revoked, as the parties intend to provide for a complete understanding within the provisions 

of this Agreement and its exhibits of the terms, conditions, promises, and covenants relating 

to Dr. Simon's performance hereunder. 

(EXECUTION PAGES FOLLOW) 

Health Authority Substit Comp Agmt vFinal20120127 Page 7 of9

Commissioners Court - Regular 4. C. 1. 


Acceptance of CIAP Grant Award 

Submitted By: Roxana Hunt, Grants Department 

Department: Grants Department 


Information 

Discuss and consider acceptance of a grant award from U.S. Fish and Wildlife Service for the Grants 

Administration Support Project, part of the Coastal Impact Assistance Program (CIAP) grant program. 

BACKGROUND 

The Coastal Impact Assistance Program (CIAP) is intended to assist coastal states and coastal political subdivisions 

within those states that have either supported or been impacted in some measure, directly or indirectly, from Outer 

Continental Shelf (OCS) oil and gas exploration and development activities. CIAP is funded with federal royalties 

generated from offshore oil and gas leases. The CIAP program was authorized by the Energy Policy Act of 2005. 

Two hundred and fifty million dollars will be divided annually from fiscal years 2007 through 2010 among the 

coastal states of Alabama, Alaska, California, Louisiana, Mississippi and Texas. 

DISCUSSION 

Administrative costs are allowable expenses under the CIAP Program. A significant amount of resources and staff 

time was dedicated to project planning, coordination, and writing grants for the Nueces County section of the state 

plan. 

This project has already been completed and these activities will be reimbursed to the County from the CIAP funds, 

as is allowed by the grantor. The total amount of the grant award is $37,473.03 and there is no match required. This 

project was included as part of the 2007 CIAP grant allocation projects. 

Award Letter 

Attachments

Commissioners Court - Regular 4. C. 2. 


Submission of Veterans Grant Application 

Submitted By: Roxana Hunt, Grants Department 

Department: Grants Department 


Information 

Discuss and consider authorizing the submission of a grant application for the Texas Veterans Commission Fund, 

Veterans’ Assistance Grant Program. 

BACKGROUND 

The Texas Veterans Commission (TVC) has a Fund for Veterans’ Assistance (FVA) grant program. The Texas 

Legislature created the FVA to provide grants to address the needs of veterans, their families, and survivors and to 

enhance veterans’ assistance programs, including veterans’ representation and counseling. The FVA receives 

funding from generous individual and corporation donations, the Texas Veteran’s lottery scratch-off game, directed 

contributions from the State Employee Charitable Campaign, and donations from motor vehicle registrations. 

On February 1, 2012, the Commissioners Court accepted a grant award from the Fund for Veterans’ Assistance in 

the amount of $150,000. The objective of the grant project was to provide limited emergency assistance for veterans 

and their families. The current grant project is a collaboration of several County departments: Human Services, 

Veterans Services, and Grants Administration. 

DISCUSSION 

On July 13, 2012, the Texas Veterans Commission announced that applications are being accepted for the Fund for 

Veterans’ Assistance grant program. Previous grantees are encouraged to apply for continued funding for the 

current program. Therefore, the grant application for the new round of funding will be based on how the program is 

currently operating. 

Grant applications are due no later than Tuesday, August 7th. The grant application and project details are currently 

being worked on. Attached to this agenda item is an incomplete copy of the application. The grant, if awarded, will 

begin on January 1, 2013 and end on December 31, 2013. 

Budget Information 

Information about available funds 

Budgeted: Funds Available: Adjustment: Amount Available: 

Unbudgeted: Funds NOT Available: Amendment: 

Account Code(s) for Available Funds 

1: 

Fiscal Impact: 

Fund Transfers 

TVC funds FVA grants on a cost reimbursement basis. There is no cash match required for this grant. The 

minimum funding amount is $10,000 and the maximum is $1,000,000. Grant funds must supplement and not 

supplant activities, programs, and services conducted with other funds. The actual grant amount to be requested 

has not yet been determined at this time.

Veterans Grant Application 

Attachments

Texas Veterans Commission 

Fund for Veterans’ Assistance 

Grant VIIIH – July 2012 

Grant Application 

Applicant Organization Name: 

_______________Nueces County______________ 

Texas Veterans Commission 

P.O. Box 12277 

Austin, Texas 78711-2277 

Phone: (512) 463-1157 

E-mail: grants@tvc.state.tx.us 

Web site: www.tvc.state.tx.us 

Grants Applications must be RECEIVED 

by 5:00 p.m. (Central Time) on August 7, 2012 to be considered. 

Texas Veterans Commission Fund for Veterans’ Assistance Grant Program Page 1 of 22 

Grant VIIIH - July 2012 

Grant Application

Thank you for your interest in applying for a grant through the Texas Veterans Commission 

(TVC) Fund for Veterans’ Assistance (FVA). The purpose of grants from the FVA is to address 

the needs of Texas veterans, their families and surviving spouses. 

The information requested in this Grant Application is necessary for TVC to have an accurate 

understanding of your organization, proposed project and how it can address the needs of 

veterans and their families. The Commission has authorized TVC staff to reject incomplete, 

ineligible or inaccurate applications. Therefore, if you have questions about information 

requested in this Grant Application, please consult the Application Information FVA Fiscal 

Guidelines, or contact FVA staff at grants@tvc.state.tx.us or by phone at (512) 463-1157. 

The Grant Application is consistent with Commission rules and policies and, if your application 

is approved for funding, will allow the TVC to quickly develop the Grant Agreement. The 

Commission’s action on Grant Applications is final. 

FVA staff is committed to providing a superior level of technical assistance throughout the 

application, award, reporting and closeout process. We look forward to working with all of you 

as we ensure that Texas veterans and their families receive the first-class support they have 

earned through their service to our country. 



Grant Application

Applicant Organization Information 

Organization Name: Nueces County 

Mailing Address: 901 Leopard Street, Room 303 

City: Corpus Christi 

State: Texas 

Zip Code: 78401 

Physical Address (if different from mailing address): Same as mailing address 

Organization Telephone: (361) 888-0444 

Organization Website Address: http://www.co.nueces.tx.us 

Texas House of Representatives District Number(s) of where project services will be provided: 32, 33, 34 

Texas Senate District Number(s) of where project services will be provided: 20 

Employer Identification Number: 74-6000585 

Authorized Representative of Organization (representative with signature authority) 

First Name: Samuel L. 

Last Name: Neal, Jr. 

Title: County Judge 

Telephone: (361) 888-0444 

Fax: (361) 888-0445 

Email: claudia.lobell@co.nueces.tx.us 

Mailing Address (if different from organization mailing address): Same as mailing address 

City: 

State: 

Zip Code: 

Applicant Contact for Grant Project – Grant Administrator 

First Name: Roxana H. 

Last Name: Sandoval 

Telephone: (361) 888-0225 

Fax: (361) 888-0228 

Email: roxana.hunt@co.nueces.tx.us 

Mailing Address (if different from organization mailing address): 901 Leopard Street, Room 501 

City: Corpus Christi 

State: Texas 

Zip Code: 78401 

Grant Writer (If applicable) 

Name: Maria M. Medrano 

Telephone: (361) 888-0372 

Email: maria.medrano1@co.nueces.tx.us 



Grant Application

Checklist of Required Attachments 

Ensure that the documents listed below are included with the completed application package. If a 

required attachment is not included, the application will be considered incomplete and will not be 

evaluated further. 

The following documents are required from ALL applicants. Counties and Municipalities are not required 

to submit #1-4. 

1. Copy of cover page from the organization’s general liability, professional liability and/or 

malpractice insurance. 

2. Copy of the IRS Federal Tax Exemption Letter. 

3. Copy of the Certificate of Filing from the Corporations Section of the Texas Secretary of State. 

4. Financial Documentation 

An applicant must submit financial documents based on the amount of the grant request to 

show financial stability in order to be eligible for a grant award. Criteria for the determination 

of financial stability are specified in the FVA Fiscal Guidelines and available on the TVC website. 

5. List of board members or governing body. Please include name, title, and any military 

designations. 

Amount of Grant Funds Requested Required Financial Documents 

Most recent audit report, including the 

$250,000 - $500,000 

management letter 


$100,000 - $249,999 

management letter or independently reviewed 

financial statements 


management letter or independently reviewed 

$5,000 - $99,999 

financial statements or a compilation of financial 

statements (compilation report) 



Grant Application

Grant Assurances 

All applicants must agree to the following assurances. This page must be signed and dated by the 

Authorized Representative who can obligate this organization in a contractual agreement. 

Applicant assures that: 

1. It has read and understood the FVA Fiscal Guidelines. 

2. It will restrict the use of TVC grant funds to activities and/or purposes that are authorized 

under the grant agreement. 

3. It will comply with applicable laws including those pertaining to anti-discrimination measures 

for employment and services. 

4. It will, upon request, cooperate with all data collection and evaluation activities undertaken by 

the Texas Veterans Commission and give any authorized representative of the State of Texas 

(i.e., State Auditor’s Office) access to any copies of all financial records, books, papers, or 

documents at no cost to the TVC. 

5. It understands and agrees that the Commission may, in its sole discretion, grant funds in 

greater or lesser amounts and/or for greater or lesser periods of time than requested in this 

application. 

6. It understands and agrees that the application, once received by the Commission, becomes 

the property of the Commission, and any or all ideas contained therein may be used by the 

Commission. 

7. It will provide written reports detailing the use of TVC grant funds consistent with the 

proposed use described in the grant agreement. 

8. It will promptly notify the Texas Veterans Commission if any organizational or project changes 

occur such that information contained in its grant agreement is no longer correct, or that 

would render the organization ineligible for a TVC grant award. 

9. It will not use any TVC grant funds for the purpose of lobbying as defined in Chapter 305 of the 

Texas Government Code. 

10. It will comply with state and federal laws, regulations, rules, and agency policies, and all 

applicable OMB Circulars. 

11. It will maintain its tax exempt status under Section 501 of the Internal Revenue Code of 1954, 

for the life of the grant, and will notify TVC immediately if such status changes. 

12. For housing construction or modification grants, it will, for any grant-funded project, abide by 

the Texas Minimum Construction Standards, as well as any local, state or federal rules, 

statutes, or codes adopted by the local government to regulate construction in that area. It 

will also make available all required building or construction permits along with any blue 

prints that are created for the project. 

13. For housing construction or modification grants, it will provide TVC with the physical address 

of any construction of housing modification project that is funded under the grant once 

construction begins. 

14. For housing construction or modification grants which are funded by the Housing Trust Fund, 

it will maintain compliance with Texas Government Code §2306.202, which provides that 

assistance will be provided only to those persons who meet the income requirements set 

forth in that statute. 



Grant Application

I have read these assurances and understand that the grant will be subject to these assurances if this 

application is approved for funding. I certify that the applicant will comply with these assurances if the 

application is approved. 

___________________________________ 

Authorized Representative Signature 

Samuel L. Neal, Jr., County Judge 

___________________________________ 

Date 

Applicant Organization Name: Nueces County 



Grant Application

Before completing the Application, please be sure to read thoroughly the FVA Fiscal Guidelines and the 

Application Instructions for specific information related to questions. 

Part 1: Organization Information 

1.1 Organization Overview 

Write a brief description of the organization, including (1) your organization’s mission statement, (2) 

major programs and/or services provided by your organization, and (3) how long your organization 

has provided services to veterans in Texas. (300 words maximum) 

Nueces County has a Veterans Services Department that employs a Veterans Service Officer and an 

Administrative Secretary whose mission is to aid any county resident who served in the armed 

forces or nurses corps of the United States, and any orphan or dependent of the person, to prepare, 

submit, and present any claim to the United States or a state for benefits to which the person may 

be entitled to under United States or state law. The purpose is to assist veterans and their survivors 

deal with the often confusing and overwhelming task of completing the correct forms/applications 

and collecting the appropriate documentation to support a claim for federal benefits through the 

United States Department of Veterans Affairs (VA). If the VA denies benefits, the County will assist 

clients in composing the necessary statements/forms in filing an appeal. Services provided include 

assistance with service connected disability compensation, non-service connected disability pension, 

appeals, debt waivers, and claims for survivors benefits (widow’s pension, burial allowance, grave 

markers, etc.). The Veterans Service Officer also can help with requesting military discharge 

documents, correcting military records, and requesting medals and decorations. Information and 

referrals are given for VA education benefits, health care, home loans, and Texas Veterans Land 

Board programs. Nueces County records show that the Veterans Service Office was created 

sometime prior to 1944 and has been diligiently serving veterans since that time, almost 68 years 

later. 

1.2 Organizational Structure 

Please describe your organization’s structure (ex. governing body). Also, provide a short description 

of the key staff’s background (title, job description, education and experience, and any military 

experience). (500 words maximum) 

Exhibit A (attached) is Nueces County’s Organizational Chart. Nueces County is governed by the 

Commissioners Court. The Commissioners Court consists of the County Judge and 4 Commissioners 

who are elected by the voters to four (4) year terms. This project would be a collaboration of three 

(3) departments within the Nueces County structure: Veterans Services, Human Services, and 

Grants Administration. 

The Veterans Service Officer is appointed by the Commissioners Court by a majority vote. The 

County’s current Department of Veterans Services consists of the Veterans Service Officer and an 

Administrative Secretary. The Veterans Service Officer is responsible to carrying out the mission and 

purposes listed in Section 1.1 – Organization Overview. The Veterans Service Officer is required to 

provide a summary report on department activities to the Commissioners Court on a quarterly basis. 



Grant Application

The Department of Human Services employs 19 employees including a Director, two (2) Social 

Worker Supervisors, and eight (8) Social Workers. This department assists in guiding county 

residents to the appropriate resources that can meet their needs for money and/or food. 

The Grants Administration Department is made up of a Grants Administrator who is appointed by 

Commissioners Court, a Grant Writer/Coordinator, and a Grants Assistant. The function of this 

office is to identify possibilities for grants related to Nueces County programs, write grant proposals, 

assist County departments in preparing submissions, and provide information to them during the 

actual implementation of a grant. 

1.3 Partnerships 

Please list partner agencies and/or organizations and describe how you coordinate services with 

them. (300 words maximum) 

Nueces County partners with over twenty (20) regional and local veterans service organizations and 

other agencies that cooperate and assist the Nueces County Department of Veterans Services. 

Networking with these agencies allow the County to establish successful working relationships in 

order to create mutual referrals systems for different services offered in an effort to meet the needs 

of veterans and their families. 

These partnering agencies include five (5) Veterans of Foreign Wars posts, two (2) chapters of 

Disabled American Veterans, and two (2) segments of the American Legion (Post 364 and Honor 

Guard). Nueces County also works with representatives from Vietnam Veterans of America and 

Paralyzed Veterans of America. The Texas Veterans Commission is another agency in which 

veterans can receive information about disability and pension benefits as well as employment 

services. The Nueces County’s Veterans Service Officer is a member of the City of Corpus Christi 

Mayor’s Committee on Veterans Affairs. 

The Department of Veterans Affairs (VA) has several offices located within Nueces County with 

which the Veterans Service Officer coordinates. For health care, Nueces County refers veterans to 

the VA’s Community Based Outpatient Clinic. For mental health and psychological services, veterans 

are directed to the Veterans Readjustment Center. 

Nueces County can also assist veterans through its partnerships with local social service 

organizations such as the Salvation Army and Catholic Charities of Corpus Christi. Although these 

organizations are not veteran specific, their services can still be offered to the veterans which 

Nueces County assists. 

1.4 Other Grants 

Please list all grants received by your organization within the last two (2) years in the table below. 

Please include any current/previous FVA grants. 

Grantor Agency Grant Amount Begin Date End Date Summary of Grant Project 



Grant Application

Total _____________ 

1.5 Grant Experience 

Please indicate any areas your organization has experience with regarding previous or current 

grants. Check all that apply. 

State/Federal Grants 

Reimbursement Grants 

Foundation Grants 

Veteran Grants 



Grant Application

Part 2: Grant Project Information 

2.1 Grant Project Service Category 

Please choose only one of the service category boxes that best describes the primary focus of the 

proposed project. Refer to the Grant Instructions for definitions of the following categories. 

General Assistance Grants 

Financial Assistance 

Homeless/Housing 

Counseling 

Transportation 

Family Services 

Legal 

Referral 

Supportive Services 

Other – (please explain in 1-2 words) 

H4TXH 

Rental Assistance 

Housing Construction 

Housing Modification 

Housing Assistance for Dependents of Veterans receiving long term rehabilitation 

Homeless Housing services 

2.2 Project Summary 

Project Name (if applicable): Nueces County Veterans’ Assistance Grant Program 

Provide a summary of the proposed project. (100 words maximum) 

The proposed project will offer services to veterans, their dependents, and surviving spouses who 

reside in Nueces County. The project will screen applicants based on the eligibility criteria detailed 

in Section 2.4 – Eligibility Definition. If approved, the project will provide financial assistance to the 

veteran, widow, and his/her dependents. The assistance will be granted in the form of payments to 

utility providers and landlords/apartment complexes for rent, and vouchers for food and 

transportation. The proposed project will not distribute cash to its participants. 

2.3 Geographic Service Area 

Regions 

Please check all regions in which services will be provided through the proposed project. Refer to 

the Grant Instructions for the FVA Region Map and County List. 

1. Panhandle Region 

2. West Texas Region 

3. Alamo Region 

4. South Texas Region 

5. Gulf Coast Region 

6. Central Texas Region 



Grant Application

7. East Texas Region 

8. North Texas Region 

9. Statewide 

Counties 

Please list all counties to be served by the proposed project. If the service area covers the entire 

state, list “statewide.” 

Nueces County 

2.4 Eligibility Definition 

1. Please provide definitions of who will be eligible to participate in the program (veteran, 

dependent, family member, etc.) Describe any other restrictions on participation and how your 

organization will prioritize need. (150 word maximum) 

Eligible applicants for this proposed project include any Nueces County resident who served in 

the armed forces of the United States, any dependent of said person, or surviving spouse of said 

person. In order to verify eligibility, applicants will be asked to provide a copy of their DD214. 

Dependents or the surviving spouse of the veteran must show proof of the relationship with the 

veteran (i.e. marriage license, birth certificate, etc.) in addition to the copy of the DD214 for the 

veteran which he/she is a dependent. Specific income restrictions will also be set and verified 

prior to assistance being given. 

2. What specific documents will you use to prove client eligibility? (Note which government forms 

copied, the method of retention and how the information will be housed in a centralized 

location.) (150 word maximum) 

In order to verify eligibility, applicants will be asked to provide a copy of their DD214. 

Dependents or the surviving spouse of the veteran must show proof of the relationship with the 

veteran (i.e. marriage license, birth certificate, etc.) in addition to the copy of the DD214 for the 

veteran which he/she is a dependent. Specific income restrictions will also be set and verified 

prior to assistance being given. 

If applying for H4TXH funds, provide definition for “low income.” Grants funded by the Housing 

Trust Fund will comply with Texas Government Code §2306.202, which states that assistance 

will be provided only to those persons who meet the income requirements set forth in the 

statute. (150 word maximum) 

N/A 

3. If applicable to the program, provide a definition for “disabled veteran.” (150 word maximum) 

N/A 



Grant Application

Part 3: Reporting and Management 

Organizations receiving funding will be required to periodically report project activity and expenditures 

as outlined in their Grant Agreement. Project progress will be measured using Commission-established 

benchmarks. Organizations unable to meet benchmarks may be subject to Corrective Action. 

Expenditure and Performance Benchmarks are as follows: 

Grant Period Elapsed 

Portion of Total Award to be 

Expended 

Portion of Required Performance 

Measures Met 

25% 15% 15% 

50% 40% 40% 

75% 70% 70% 

3.1 Performance Measures 

Organizations receiving grant funds will track performance by counting each individual veteran, their 

dependents, and survivors that receive grant-funded service. The number of unduplicated veterans, 

dependents and survivors as well as cumulative will be reported monthly to TVC using the Monthly 

Performance and Expenditure Report Form. Projected performance should reflect the total number 

of unduplicated veterans, dependents and survivors that the applicant organization anticipates 

serving throughout the grant term through the proposed project. Please list the projected number 

of veterans, dependents, and surviving spouses to be served and the tool by which numbers served 

will be measured in the table below. If the proposed project will not serve one of the categories, 

please list “N/A.” Refer to Grant Instructions for detailed directions. 

Performance 

Measure/Deliverable 

Number of veterans served. 

(Required performance 

measure for all applicants.) 

Number of dependents served. 

(Required performance 

measure if served.) 

Number of veterans’ surviving 

spouses served. (Required 

performance measure if 

served.) 

Tool Used to Measure 

Performance 

Projected Performance/Result 

for the Grant Period 



Grant Application

If you are applying for a H4TXH construction grant please define your performance benchmarks 

specific to the completion of your construction projects. 

Grant Period Elapsed Grantee Defined Performance Benchmarks 

25% N/A 

50% 

75% 

If applying for H4TXH construction grant, please describe the Stages of Construction to take place as 

part of the program. 

Number of Stages of 

Construction 

1 N/A 

2 

3 

4 

5 

6 

7 

8 

9 

10 

11 

12 

Defined Description of Stages of Construction 

3.2 Performance Reporting 

Describe how data for each Performance Measure will be collected and maintained. Backup for any 

data or reports submitted to the FVA must be maintained, available upon request and must equate. 

Please answer the following: 

1. What tools will be used to a.) collect and b.) consolidate data (software, spreadsheet)? Please 

note: case files and phone logs are not adequate by themselves. (100 words maximum) 

2. Describe the process to provide data on required performance measures. Explain the ability to 

breakout all measures individually, cumulatively, and by month. (200 words maximum) 

3.3 Fiscal Reporting 

Please describe your plan, policies, and/or procedures for grant fiscal management and how 

reporting activities will be managed and monitored. Describe your fiscal management system, 

including software used. (300 words maximum) 

The Nueces County Auditor’s Office is an integral part of Nueces County government in its role of 

maintaining the integrity of financial administration. Regular functions of the Auditor’s Office are to 

forecast financial data for budgetary formulation purposes, audit records and accounts of all county 



Grant Application

departments, and administer the county budget as approved by Commissioners Court. Through the 

Web Interface software program, the Auditor’s Office also prepares and administers accounting 

records for all county funds, including all grant funds and special programs. They also ensure 

allowable expenditures are within the laws and guidelines bound by Nueces County. The Auditor’s 

Office will work with the Nueces County Human Services Department in completing all financial 

reports required by the granting agency. Mechanisms and a department code will be established to 

easily track program expenses for reimbursement requests. 

3.4 Sustainability Plan 

Describe the plan for continuing the project after the grant period ends. Also, explain the 

organization’s commitment to continuing the grant project using existing financial or other 

resources. Describe how you can continue this program without TVC funding. (300 words maximum) 

Nueces County will continue to seek additional grant funding to sustain the proposed project. The 

philosophy of increasing access and quality of services will continue after state funding ends. The 

collaboration between the County’s Department of Veterans Services, Department of Human 

Services and the Grants Administration Department in this project will establish a Sustainability 

Committee that will be dedicated to increasing services by securing increased funding based on 

identified needs. Federal, State and private foundation proposals and applications will be submitted 

in order to secure future funding. If funding is not secured, Nueces County will still offer assistance 

to veterans through its existing Human Services Programs; however, the dollar amount of assistance 

would possibly be less than this proposed project, and different restrictions may apply depending on 

the funding source (limits to how many times one can request assistance). 

Further, the Committee will address sustainability issues for the strategy utilized. This panel will 

explore emerging needs and will recommend strategies to increase the capacity and functioning of 

the project. The project will be sustained if it is a successful model for the target population through 

multiple fund source proposals and also through political contacts made by the Committee in efforts 

of addressing the gaps in services in the catchment area. 



Grant Application

Part 4: Budget and Budget Narrative 

4.1. Budget Summary and Tables 

Enter the amount of Project Costs in Column A (Please refer to the Grant Instructions for detailed 

directions). 

Grant Period: 02/01/2013 – 01/31/2014 (list if different from 7/1/2012-06/30/2013) 

Amount of Grant Funds Requested: $ 

Indirect Costs cannot exceed 7% of total grant award 

IMPORTANT: 

• Do not include indirect salary costs as direct costs under the Personnel 

category. (Refer to the Fiscal Guidelines “Use of Funds” Section 4 for a description of 

Indirect and Administrative Costs.) 

• H4TXH proposed budgets may include capital expenditures. Please refer to FVA Fiscal 

Guidelines. 

1 

2 

Budget Table 1 Total Budget 

Budget Category Total Costs 

Direct Costs 

Personnel (total salary and benefits from Budget 

Table 2) 

Client Services (including counseling, support such as 

rental assistance, bill payments, etc., transportation, 

and contracted services, including contract 

personnel providing services to clients) 

3 Equipment (non-capitalized) $ 

4 Supplies and Materials $ 

5 Travel $ 

6 Other (Provide detail in Budget Narrative) $ 

A Total Direct Costs (Line 1 thru 6) $ 

B Indirect Costs (not to exceed 7% total award) $ 

C TOTAL BUDGET (sum lines A and B) $ 



Grant Application 

$ 

$

Budget Table 2 Personnel Costs 

Breakdown 

(Totals MUST tie to Total Personnel 

Costs – Budget Table 1-1) 

Position Title 

(List each position 

individually) 

% time 

allocated 

to grant 

Column A Column B Column C 

Amount 

of Annual 

Salaries & 

Wages 

Amount 

of Annual 

Employee 

Benefit 

Costs 

% $ $ $ 

% $ $ $ 

% $ $ $ 

% $ $ $ 

% $ $ $ 

% $ $ $ 

% $ $ $ 

% $ $ $ 

% $ $ $ 

% $ $ $ 

TOTAL $ $ $ 

Total of Annual Salary & 

Benefits Allocated to 

Grant (A+B) 

(1) Column A should be entered as the annual amount of Salaries & Wages allocated to the grant for 

that employee. Do not list the employees’ total annual salary unless allocated at 100%. 

(2) Column B should be entered as the annual amount of Benefits allocated to the grant for that 

employee. Do not list the employees’ total annual benefits unless allocated at 100%. 

(3) Column C totals Column A plus Column B. This total is reported on Budget Table 1 under 

‘Personnel’ and must match. 



Grant Application

4.2 Budget Narrative 

The Budget Narrative MUST include a description of each line-item in Budget Tables 1 and 2, and 

MUST also include a calculation showing how you arrived at the budgeted amount for each line 

item. Lack of calculations will result in an unsatisfactory Budget rating. (Please refer to the Grant 

Instructions for detailed directions.) 

Table 1-2 Client Services 

The proposed project expects to assist approximately ____ veterans, ____ veterans' dependents, 

and _____ surviving spouses of veterans. Each approved applicant will be allowed up to $1,000 in 

financial assistance per year. Administrative costs are estimated to be approximately ______% of 

those cost of client services. This percentage is estimated using the amount of time that the 

assigned Social Worker will spend handling the proposed project applicants. A Social Worker for the 

Human Services Department processes approximately 300 cases per month. For this proposed 

project, on average, the Social Worker will handle _____ veteran-related cases per month, which 

amounts to about _____% of the total caseload. Therefore, the following formula was used to 

calculate the cost of client services: 

(___+__+___) X $1,000 = $_____,000 

$____ X ___% = $_________ 

Table 1-3 Equipment (non-capitalized) 

Table 1-4 Supplies and Materials 

Table 1-5 Travel 

Table 1-6 Other (List line items by category e.g, Repairs and Maintenance, Utilities, Rental of Space. 

Next, list the expected costs by line item and the total for the category. The grand total must tie to 

Table 1 ‘Other’.) 

Table 1-B Indirect Costs (Do not need to enter a narrative explanation for these costs - 7% 

allowable.) 

Table 2-A Salaries and Wages (Support each position included in Budget Table 2 Personnel 

Breakdown.) 

Table 2-B Employee Benefits (Please only list the applicable benefit categories by employee as noted 

in Budget Table 2.) 



Grant Application



Grant Application

Part 5: Statement of Work 

Statement of Work MUST include the following: 1) a detailed description of the project including 

services to be provided and goals of the project, 2) how the organization determined/assessed the 

need(s) for the project within the geographic area of service; 3) how the project meets that determined 

need(s); 4) how the organization will target/reach veterans to provide the services of the project. 5) 

how the organization will recognize TVC if funded. Please refer to the Grant Instructions for detailed 

directions. (Total 2,500 words maximum) 

5.1 Detailed Description 

Please provide a detailed description of the project including the services to be provided and the 

goals of the project. 

Nueces County’s proposed project will offer financial assistance services to veterans, their 

dependents, and surviving spouses of veterans who reside in Nueces County. The project will screen 

applicants based on the eligibility criteria detailed in Section 2.4 – Eligibility Definition. If approved, 

the project will provide financial assistance to the veteran, widow, and his/her dependents. The 

assistance will be granted in the form of payments to utility providers and landlords/apartment 

complexes for rent, and vouchers for food and transportation. The proposed project will not 

distribute cash to its participants. 

The goal of the proposed project will be to satisfy unmet financial needs of veterans, surviving 

spouses, and dependents. The proposed project will give those in need a central location and point 

of contact in which to receive assistance. 

To assist with the operation of the project, the Human Services Department has agreed to screen 

and manage the project, designating a social worker to specifically handle the needs of the veterans. 

Applicants will be given the opportunity to call or visit the Nueces County Department of Veterans 

Services and then be referred to the assigned Social Worker from the Department of Human 

Services for the project. The Social Worker will ask the potential client to complete a service 

application which will assist in determining eligibility. The application includes questions regarding 

residency, employment status, marital status, ethnicity, household demographics, and income. 

Applicants will be asked to provide proper identification, a copy of their DD214, and proof of income 

(if applicable). If the information requested is not available at the time of application, an 

appointment will be made to allow the applicant ample time to gather the needed documents. 

The Social Worker will determine the applicant’s eligibility and approve/disapprove the service 

application. If approved, the Social Worker will move forward with the purchase order process to 

either pay the bill for utilities and/or rent or issue a voucher for food and/or transportation. Each 

applicant will be allowed to apply for a total of $1,000 of financial assistance within a one year 

period. 

Some applicants may not need the maximum amount allowed for assistance ($1,000). Therefore, 

projected performance/results numbers could increase in the event there is excess funds available 

in Client Services. 

5.2 Need Determined 



Grant Application

Please provide a description of how your organization determined, identified, and assessed a 

need(s) for the project within the area of service. 

Nueces County currently does not have a program similar to the proposed project. The Department 

of Veterans Affairs offices which are located within Nueces County provide other services such as 

healthcare and psychological counseling. The Texas Veterans Commission offices provide assistance 

with veterans benefits and employment services. Neither organization can provide emergency 

financial assistance to assist with rent, utilities, food, and transportation for veterans. 

Nueces County realizes the importance of offering assistance to veterans in need. An article 

published on National Public Radio’s website on January 22, 2009 stated that returning Iraq and 

Afghanistan veterans are resorting to “cyberbegging” to meet their financial needs. These veterans 

post their story on the internet and ask for help. A breed of websites such as www.USAtogether.org 

were created specifically for this purpose. The article goes on to state that the Department of 

Veterans Affairs recognizes that there are some unmet needs of veterans and their families. 

Although the Department of Veterans Affairs provides veterans with disability and pension benefits, 

applying for such services can be lengthy process which leaves veterans, their surviving spouses, and 

their family needing temporary financial assistance. The proposed project will be available to assist 

in that area while benefits are pending. As a result, Nueces County determined that through the 

Texas Veterans Commission Fund for Veterans Assistance Program, it can offer support to 

disadvantaged veterans. 

5.3 Need Met 

Please describe how the project meets identified need(s). 

The proposed project will meet the identified needs of emergency financial assistance, short-term 

rental assistance, utility pay assistance, food and transportation assistance. The proposed project 

will create a program not currently available specifically for veterans, their surviving spouses, or 

their dependents. With the proposed project, this population will have a central location in which to 

receive financial assistance. 

5.4 Outreach 

Please describe how your organization will target and reach veterans to provide project services. 

Outreach and public awareness will be a key factor in the success of the proposed program. 

Through several outlets, Nueces County proposes to head a strong outreach campaign to inform the 

public (more specifically to veterans) that it has a program for emergency financial assistance, shortterm 

rental assistance, utility pay assistance, food and transportation assistance. Nueces County 

will continue to partner with the organizations listed in Section 1.3 – Partnerships. Nueces County 

will produce flyers and brochures which will be distributed to all collaborative partners and will be 

placed at strategic locations which veterans frequent. Nueces County will also head a big media 

campaign promoting the project through public service announcements, press conferences, and 

local media (radio and television) programs. Information regarding the program will also be 

included on Nueces County’s website in an effort to reach a broader audience of possible applicants. 

5.5 Recognition 



Grant Application

Please describe how your organization will recognize the TVC/FVA with regard to funding received 

(ex. brochures, website, link on website to TVC/FVA website). 



Grant Application

Part 6: Current or Previous FVA Grantees 

This section is to be completed only by organizations that currently have or have previously had an FVA 

grant. Refer to the Grant Instructions for detailed directions. 

6.1 Previous Grant Contract Number 

FVA_12_0070 

6.2 Amount Previously Awarded 

$150,000.00 

6.3 Grant Period Dates 

02/01/2012 - 01/31/2013 

6.4 Benchmarks 

Performance 

Did you meet your performance benchmarks? Yes No 

If no, please explain why. (250 words maximum) 

Expenditure 

Did you meet your expenditure benchmarks? Yes No 

If no, please explain why. (250 words maximum) 

6.5 Grant Successes and Challenges 

Please provide a detailed description of the success and challenges of your FVA grant-funded 

project. (300 words maximum) 



Grant Application



Award IFB No. 2909-12 Copy Paper, Computer Paper, NCR Paper, & Envelopes 




Information 

Discuss/Award IFB No. 2909-12 Copy Paper, Computer Paper, NCR Paper, & Envelopes. 

BACKGROUND 

Contract is for furnishing copy paper (white and colors), computer paper, NCR paper, and envelopes for the 

County. The term of this contract will be for twelve (12) months and may be renewed for an additional twelve (12) 

month period, by mutual agreement of the parties. Contract may be terminated by either party with thirty (30) day 

written notice. Items will be awarded on a lowest unit price basis and awarded item by item or on a total basis, 

whichever is deemed most advantageous to the County. 

DISCUSSION 

IFB 2909-12 bid tab 

Bid Comparison 

Attachments

NUECES COUNTY PURCHASING DEPARTMENT 

________________________________________________________________________________________ 

901 Leopard Street, Room 106, Corpus Christi, TX 78401 (361) 888-0426 FAX (361) 888-0458 

IFB No. 2909-12 

Copy Paper, Computer Paper, NCR Paper, Envelopes 

July 17, 2011 – 2:00 PM 

Bidder 

BID TABULATION 

Addendum 

No. 1 

Bid 

Resp 

Form 

Official Total Bid 

Amount 

FasClampitt Paper Store N Y $ 104,497.95 

CC Distributors Y Y $ 96,930.00 * 

Gulf Coast Paper Co. N Y $ 110,845.99 

Western BRW Paper Y Y $ 115,481.59 * 

*CC Distributors and Western BRW Paper bid response contained miscalculations. 

Date: 

Commissioners Court Action: 

Date Department Notified: 

Date Bidder Notified:

Case 

Price 

Extended 

Price Brand/Bright 

Case 

Price 

Extended 


Case 

Price 

Extended 


Lowest Unit Price Bid 

2nd Lowest Unit Price Bid 

Recalculation of Extended Price 

Item# Description Est. Qty. Brand/Bright 

1.0 NUMBER #4 SULFITE PAPERS CASES 

Boise Multi 

Georgia Pacific 

1.1 8.5" X 11" White, 20# 2,750 Purpose $27.30 $75,075.00 Domtar $32.90 $90,475.00 1 Spectrum 


$29.90 $82,225.00 Domtar $30.76 $84,590.00 2 

1.2 8.5" X 11" White, 3 hole punch 24# 85 Hammermill $34.65 $2,945.25 Domtar #20 $35.39 $3,008.15 Spectrum 


$32.24 $2,740.40 Domtar $45.12 $3,835.20 

1.8 8.5" X 14" White, 20# 65 Hammermill $45.50 $2,957.50 Domtar $45.00 $2,925.00 Spectrum 


$40.74 $2,648.10 Domtar $43.88 $2,852.20 

1.9 11" X 17" White, 20# 15 Hammermill $35.77 $536.55 Domtar $35.39 $530.85 1 Spectrum $32.24 $483.60 Domtar $33.64 $504.60 

All Items bid by all vendors total $81,514.30 $96,939.00 $88,097.10 $91,782.00 

1.0 NUMBER #4 SULFITE PAPERS CASES 

1.3 8.5" X 11" Yellow, 20# 12 Hammermill $40.85 $490.20 No Bid $0.00 $0.00 

1.4 8.5" X 11" Pink, 20# 10 Hammermill $40.85 $408.50 No Bid $0.00 $0.00 

1.5 8.5" X 11" Blue, 20# 10 Hammermill $40.85 $408.50 No Bid $0.00 $0.00 

1.6 8.5" X 11" Green, 20# 20 Hammermill $40.85 $817.00 No Bid $0.00 $0.00 

1.7 8.5" X 11" Goldenrod, 20# 20 Hammermill $40.85 $817.00 No Bid $0.00 $0.00 

2.0 CONTINUOUS FEED PAPER CASES 

Case 

Price 

Extended 

Price 

International 

Paper 

International 

$40.74 $488.88 Domtar $39.26 $471.12 

Paper 

International 

$40.74 $407.40 Domtar $39.26 $392.60 

Paper 

International 

$40.74 $407.40 Domtar $39.26 $392.60 

Paper 

International 

$40.74 $814.80 Domtar $39.26 $785.20 

Paper $40.74 $814.80 Domtar $39.26 $785.20 

2.1 9.5" X 11" 1 Part, White, 20# blank 6 No Bid $0.00 $0.00 No Bid $0.00 $0.00 Enterprise $27.45 $164.70 Enterprise $39.52 $237.12 

3.0 NCR PAPER CASES 

3.1 8.5" X 11" 2 Part Reverse 20 Excel $69.75 $1,395.00 No Bid $0.00 $0.00 No Bid $0.00 $0.00 Nekoosa $71.70 $1,434.00 

3.2 8.5" X 11" 3 Part Reverse 90 Excel $78.75 $7,087.50 No Bid $0.00 $0.00 PMC59105 $104.25 $9,382.50 Nekoosa $80.46 $7,241.40 

3.3 8.5" X 11" 4 Part Reverse 35 Excel $84.15 $2,945.25 No Bid $0.00 $0.00 No Bid $0.00 $0.00 Nekoosa $85.86 $3,005.10 

4.0 ENVELOPES CASES 

IFB NO. 2909-12 

COPY PAPER, COMPUTER PAPER, NCR PAPER, ENVELOPES 

BID OPEN: JULY 17, 2012 2:00 PM 

FasClampitt Paper Store CC Distributors Gulf Coast Paper Co. 

Western BRW Paper

Item# Description Est. Qty. Brand/Bright 

FasClampitt Paper Store CC Distributors Gulf Coast Paper Co. 

Case 

Price 

Extended 


Case 

Price 

Extended 


Case 

Price 

Extended 


Western BRW Paper 

4.1 No. 10-24 Regular, White 90 Maderite $39.47 $3,552.30 No Bid $0.00 $0.00 UNV35210 $40.35 $3,631.50 National $41.16 $3,704.40 

4.2 No. 10-24 Window, White 65 Maderite $46.00 $2,990.00 No Bid $0.00 $0.00 UNV35211 $66.35 $4,312.75 National $47.54 $3,090.10 

5.0 MISCELLANEOUS CASES 

5.1 8.5" X 11" 80# Bright White Cover 18 

Case 

Price 

Extended 

Price 

Hammermill 

Color Copy $58.80 $1,058.40 No Bid $0.00 $0.00 HAM120023 $66.92 $1,204.56 Domtar $58.00 $1,044.00 

5.2 8.5" X 11" 67# White Vellum Bristol 30 Springhill $33.80 $1,014.00 No Bid $0.00 $0.00 WAU81318 $37.32 $1,119.60 Domtar $36.95 $1,108.50 

Items bid by some vendors total $22,983.65 $0.00 $22,748.89 $23,691.34 

BID RESPONSE TOTAL $104,497.95 $96,939.00 $110,845.99 $115,473.34 

Split Award, No min. For specialty 

Split Award, $1000 min order for 

items shipped from outside C.C. then 

prepaid freight, otherwise an $80 

ALLOW SPLIT & MINIMUM ORDER $450 Split Award All or None Only 

freight charge will be incurred 

Total 

SPLIT AWARD LOWEST AND 2ND 

LOWEST TOTAL 

$97,004.30 $0.00 N/A $7,464.64 $104,468.94 

SINGLE AWARD $104,497.95 3 $115,236.22 3 

NOTES: 

1 CC Distributors extended price miscalculated; recalculated Estimated Quantity x's Unit (Case) Price. 

2 Western BRW Paper extended price miscalculated; recalculated Estimated Quantity x's Unit (Case) Price. 

3 Item 2.1 is not included in the calculation.



Authorize A. Ortiz Construction & Paving Inc. to furnish all supervision, machinery, materials and labor necessary 

to pave, seal coat, and stripe the 




Information 

Authorize A. Ortiz Construction & Paving Inc. to furnish all supervision, machinery, materials and labor necessary 

to pave, seal coat, and stripe the parking lot/areas and driveways at the Bishop Community Center. 

BACKGROUND 

Scope of work is to remove existing asphalt in the front driveway, remove grass and clean in the parking lot and 

basketball court, clean and repair potholes under canopy, add caliche and pave the dumpster side road, seal coat 

parking area, and limestone 6 parking spaces and dumpster pad. 

DISCUSSION 

Purchase in the amount of $46,710.00 to be funded with RTA Street Improvement Funds and Commissioner 

Precinct 2 Special Revenue Funds. 

Bishop Comm Ctr quotes 

Attachments

05/01/2012 TUB 10:38 FAX 121002/006 

January 5, 2012 

TO: Comnii;i.'si()ner Precinct 2 

Attention: Joe Gonsalez; 

90T Leopard Street 

Corpus Christi, Texas 

A. Ortiz Construction & Paving Inc. 

102 Airport Rd. 

Corpus Chri-TO, TX 78405 

36]-882-2-122 Omce 

361-Si;3-415i! Fax 

PROPOSAL 

005234 

Job Localian: 

Community Center 

Bishop Texas 

We propose to furnish all supervbiion, machinery, materials, and labor necessary, to 

perform the following: , 

1. Front Driveway: Remove existing aspbalt by re-work base and add caliche as needei 

pave area (20'x80') with 1 Vi'" inches of HMAC Type D, 

2. Parking Lot Between Community Center and basket ball court: remove grass and 

clean, patch 2 or 3 areas and seal coat and stripe Handicap 

3. Under Canopy between Island: area approx. 210'xl 6' clean and repair potholes and 

apply to 2 coats of Sealcoat Onleft side area approximately 210'x20' remove and 

add caliche as necessary and apply 1 'A" of HMAC Type D 

4. Dumpster Side Road: approximately 20'xl2' rework, add caliche as necessary and 

pave with 1 1/2" of HMAC 

5- Seal Coal Parking Area approximately 70'x36'behind Community Center, 

6. Area approximately 20'^s60' for 6 car parking spaces, prepare with limestone and 

pave with 1 !/^'Tnches of HMAC Type D 

7. Dumpster Pad approx. 8'xl2' with Limestone 

For the Sum of $46,710.00 

PAYMENT DUE UPON COMPLETION OF WORK 

Any changes in excess of the work described to be done by change order. All agreements are 

contingent upon strikes, accidents or delays beyond our control Our workers are fiilly covered by 

Workmen's Compensation. A.Ortiz Construction

05/01/2012 TUB lOiSS FAX E1003/006 

certiflcaie of Insurance lo be provided lo property owner. This proposal may be withdrawn by us 

at any time before acceptance. 

Respectfiilly Submitted 

A. Ortiz Construction & Paving Inc. 

Approved by: „ Date 

Signature 

Prim Name Position:, 

Page 2 of 2 THIS PROPOSAL IS ONLY VALrO FOR 50 DAYS

05/01/2012 TUB lOiSS pax 

Grace Paving & Construction, Inc. 

4237 Baldwin Corpus Christi, Texas 7fi427 Plionc 361-883-3232 

Date February 23,2012 

To; Cornmisisionei'Precinct 2 

Attn". Mr. Joe Gonzalez 


Corpus Christi Tx. 

Reference: Bishop Texas, Com m unity Center 

Proposal #3195 

Tins PROPOSAL IS VOID IWX-ESS ACCEPTED WITHIN THIRTY DAYS 

We propose to fiimish all supemsioii, machineiy, materials and bbor to perform the (bllowing: 

SCOPE OF WORK: 

1. Area under canopy, approx. area 210'xl6'; Clean parking area, repair potholes and apply 2 

coats of asphalt sealnnt. 

2. Drive thru drive, approx. area 210' x 20' ; Remove existing asphalt paving. load, hfinl and 

properly dispOHo of. Add caliche base matertnl as noeded, reshape for positive drainage, compact 

and pave wirfi 1.5" compacted type D asphalt. 

3. Drive next to dumpster, approx area. 20' x 85*; Rcvnrjve existing asphalt paving, load, haul and 

properly dispose of. Add caliche base material as needed- Reshape, compact trnd pave with 1.5" 

oompacted type D asphalt. 

4. Area behind cotnraunity center, approx.. area 70' x 36'; Clean existing paved area remove ail 

dust and debris. Apply 2 coats of sealant. 

5. Dumpster pad, approx.. area 12' x 8' ; Excavate, compact grade, form and poiu- wiUi 6" thick 

concrete 2500 psi. Reinforced with 4 rebai- @ 12 " o-c. botli ways. 

6. 6 additional parking spaces, Approx area 20' x 60'; ExcBvate, compact grade and provide 6" 

compacted caliche base matofial and pave with 1.5'" compacted type D asphail. 

7. Area belwecit Community Center and basketball court; Apply weed killer, remove gra.ss repair 

potlioles and apply 2 coats of sealant 

ALL THii ABOVE WORK TO BE COMPLETED IN A SUBSTANTIAL AND WORKMANLIKE 

MAl^NERFORTIJF. SUMOF: $49,853.00 

PAYABLE: Unoii completion of work. 

Changes in the above speciflcalion.s may be made only upon written agreement, and extra charges will be 

mac)e. All agreements are contUigent upon sn ikes, accident.*; or delays beyond our control. You are to 

carty fire, tornado and otiier necessary insurance upon above work. Our workers are fiilly covci ed by 

Worlanen's Compensation and Public Liability Insurance. This proposal may be withdrawn by us at any 

time before acceptance. 

Datetl ?rZll(J=. 

Per: Grace Paving. & Construction, Inc. 

Contractor 

You are authorized to lumish all supervisiofi, materials and labor required to complete the work mentioned 

in tlie Tibove proposal for which Nueces County agrees to pay the amonnl in said conlract, and according 

to the terms thereof. I have read the conditions of the contract and agree to same. 

Accepted by; Date: 

21004/00 6

05/01/2012 TUE lOiSS PAX EI005/006 

'• 

RALPH PEREZ ' 3 6 1.6 8 6.19 0 0 • P.O. BOX 6 2 5 2 " CORPUS CHRISTI, TX. 7 8 4 6 6 

To: Nueces County 

Attn: Mr. Joe Gonzalez 

901 Leopard St. 

Corpus Christi, Texas 

PH: 

Fax: 

E-MaU: 

Proposal # 011312 

January 13, 2012 

Job Location: 

The bishop Texas Community 

Center. 

Bishop .Texas 

We propose to furnish all supervision, materials, equipment, and labor necessary, 

to perform the following: Improvements 

• Drive Thru Area (approx.. 210' x 20': 

a. Sawcut and remove damaged matcaial. 

b. Add calidie base as needed 

c. Compact & Grade for proptsr drainage. 

d. Place 1 /2" of compacted Hot Mix Type- ^D". 

« Canopy Area approx.. 210'x 16': 

a. Remove any loose asphalt & Remove pot holes. 

b. Clean up parking area & apply two (2) coals of seal coat 

• Drtmpster Pad Approx.. 12' x 8': 

a. Excavate to a depth of 6" to allow 6" of concrete, 

h. Form & pour 6" of2500psi concrete reinforced with #4 rebar 12" O/C 

both ways. 

• Behind community center area approx... 70'x 36' 

a. Cleanup & remove all debris from paved area & apply two (2) coats of 

seal coat 

» Area between basketball court: 

a. Remove all vegetation, apply weed killer^ repair pot holes, and apply 

two (2) coats of seal coat. 

b. Add cahche base as needed 

c. Compact and ^ade for proper drainage. 

d. Place 1 '/2" of Hot Mix Type- "D". 

« Additional Parking (6) spaces approx. 20'x 60^ 

a. Excavate approx. 6" of existing material 

b. Compact subgrade 

c. Place 6" of new caliche base and compact & grade for proper 

drainage. ; 

d. Place 1 Yi" of compacted Hot Mix Type- "D" 

» Clean-up & remove all debris from job site. 

THIS PROPOSAL IS ONLY GOOD FOR 30 DAYS

05/01/2012 TUE 10:38 FAX E10 0 6 / 0 0 6 

RALPH PEREZ • 361,6 8 8 . 1 9 0 0 • P.O. BOX 6 2 5 2 - CORPUS CHRIST!, TX, 7 S t 6 6 

FOR THE SUM OF $ 52, 397.73 

Plus Tax if Applicable 

PAYMENT DUE UPON COMPLETION OF WORK 

All agreements are contingent upon strikes, accidents or delays beyond onr control. Our workers 

are fully covered by Workman's Compensation. R P Constmction. carries Public Liability Ins; a 

certificate of Insurance to be provided to property owner. This proposal may be withdrawn by us 

at any time before acceptance. 

Respectftilly Subrnitted: 

RI* Constructiou 

Signature by Approval: Date: . 

Print Name: Positi.on: 

THIS PROPOSAL IS ONLY GOOD FOR 30 DAYS



Rescind purchase of a Toyota Tundra truck and authorize the purchase of a Police Interceptor SUV from Philpott 

Motors Ltd. 




Information 

Rescind the request to purchase a 2012 Toyota Tundra truck from Philpott Motors Ltd. and authorize TASB 

BuyBoard State Contract 358-10 purchase of a 2013 Police Interceptor SUV from Philpott Motors for the Sheriff’s 

office for the replacement of a 2005 Jeep Grand Cherokee. 

BACKGROUND 

On May 23 the court authorized the purchase of a Toyota Tundra truck for the Sheriff's office. The Sheriff's office 

is asking that the order be canceled and a Police Interceptor be ordered in its place. The Police Interceptor will 

replace a 2005 Jeep Grand Cherokee County ID No. 60443 and will not increase the fleet size. 

DISCUSSION 

Purchase in the amount of $26,476.85 will be paid from the Sheriff’s Drug Forfeiture funds. 

Buyboard Tundra quote 

Buyboard Interceptor quote 

Attachments

End User: NUECES COUNTY 

Philpott Rep: ALAN WILEY 

Contact: ROMEO RAMIREZ 361 888-0430 

Date: 14-May-12 

Product Description: 

CUSTOMIZED PRODUCT PRICING SUMMARY BASED ON CONTRACT 

A. Bid Series: 204 A. Base Price: $ 23,633.00 

B. Published Options [Itemize each below] 

Code Options 

Bid Price Code Options 

Bid Price 

8359 TUNDRA CREW MAX 4-DOOR $ 4,600.00 EC DISPLAY NAVIGATION WITH $ 1,565.00 

4X4 FULL CREW CAB 

CLOTH SEATS 

AM-FM CD PLAYER 

TILT/CRUISE 

INCL 

INCL 

INCL 

INCL 

INCL 

INCL 

INCL 

INCL 

KG RUNNING BOARDS $ 324.00 SILVER SKY OR MAGNETIC GRAY EXTERIOR 

CU CONVENIENCE PACKAGE $ 508.00 PLEASE CHOOSE COLOR 

COLOR 

WITH BUCKET SEATS 

INCL BLACK OR GRAPHITE INTERIOR PLEASE 

UP UPGRADE PACKAGE 

$ 240.00 

CHOOSE 

C. Unpublished Options [Itemize each below, not to exceed 25%] $= 0.0 % 

D. Contract Price Adjustment: 

TOYOTA TUNDRA 

DUAL ZONE A/C AND HEAT 

4.6L V8 GAS 

6-SPEED AUTOMATIC 

POWER GROUP 

Options 

ESTIMATED DELIVERY IN 90-120 DAYS 

$ 

7,237.00 

Bid Price Options 

Bid Price 

NOTE 

E. Delivery Charges: 0 miles @ $.93/mile $ - 

F. Total of A + B + C + D + E = F $ 30,870.00 

G. Quantity Ordered 1 x F = $ 30,870.00 

H. BUYBOARD Administrative Fee $400.00 PER PURCHASE ORDER $ 400.00 

I. Non-Equip Charges & Credits 

VEHICLES 

BUYBOARD #358-10 

ENTUNE 

Total of B. Published Options: 

Total of C. Unpublished Options: 

J. TOTAL PURCHASE PRICE INCLUDING BUYBOARD FEE $ 31,270.00 

$ 

-

End User: NUECES COUNTY 

Philpott Rep: ALAN WILEY 

Contact: SHERIFF JIM KAELIN 

Phone/email: 888 858-7801 awiley0845@aol.com 

Phone/email: 361 887-2225 jim.kaelin@co.nueces.tx.us 

Date: Monday, July 30, 2012 

Product Description: 

A. Bid Series: 85 A. Base Price: $ 22,918.00 

B. Published Options [Itemize each below] 

Code Options 

Bid Price Code Options 

Bid Price 

K8A 2013 POLICE INTERCEPTOR SUV $ 1,895.00 ALL WHEEL DRIVE 

NOTE 

ALL WHEEL DRIVE 

3.7L V6 FLEX FUEL 

6-SPEED AUTOMATIC 

CLOTH BUCKETS FRONT 

VINYL REAR BENCH 

RUBBER FLOOR 

STANDARD HUBCAPS 

INCL WHITE EXTERIOR WITH DARK COLOR 

INCL CHARCOAL INTERIOR 

COLOR 

INCL 60A GRILL, LAMP, SIREN AND 

$ 47.00 

INCL 

INCL 51Y DRIVERS SIDE SPOTLIGHT $ 202.10 

INCL 86P FRONT HEADLAMP HOUSING $ 118.50 

INCL 

AM-FM CD AND TILT/CRUISE INCL WHITE 2013 IN STOCK 

IN STOCK 

POWER DRIVERS SEAT 

PWR WINDOWS-LOCKS-MIRRORS 

INCL DELIVERY IN 3-10 WORKING DAYS NOTE 

INCL 

C. Unpublished Options [Itemize each below, not to exceed 25%] $= 0.0 % 

$ 

2,262.60 

Bid Price Options 

Bid Price 

D. Pre-delivery Inspection: $ 80.00 

E. Texas State Inspection: $ 21.25 

F. Manufacturer Destination/Delivery: $ 795.00 

G. Floor Plan Interest (for in-stock and/or equipped vehicles): 

H Lot Insurance (for in-stock and/or equipped vehicles): 

I. Contract Price Adjustment: 

J. Additional Delivery Charge: 0 miles $ - 

K. Subtotal: $ 26,076.85 

L. Quantity Ordered 1 x K = $ 26,076.85 

M. Trade in: 

PRODUCT PRICING SUMMARY BASED ON CONTRACT 

Options 

FORD POLICE INTECEPTOR 

BUYBOARD #358-10 

Vehicles and Heavy Duty Trucks 

SPEAKER PRE-WIRING 

FOR HIDE-AWAY LIGHTS 

Total of B. Published Options: 

Total of C. Unpublished Options: 

N. BUYBOARD Administrative Fee ($400 per purchase order) 

$ 400.00 

O. TOTAL PURCHASE PRICE INCLUDING BUYBOARD FEE $ 26,476.85 

$ 

-



Consider the purchase of a firearm by a retired law enforcement officer and establish the amount for which the 

firearm may be purchased 




Information 

Discuss and consider the purchase of a firearm by a retiring law enforcement officer and establish the amount for 

which the firearm may be purchased. 

BACKGROUND 

Lt. Tara Martin will be retiring at the end of this month July 31, 2012 and she would like to purchase her assigned 

duty weapon. 

DISCUSSION 

Firearm information 

Firearm fair market 

Attachments

LOCAL GOVERNMENT CODE CHAPTER 170. MISCELLANEOUS PROVISIONS ... Page 1 of 1 

LOCAL GOVERNMENT CODE 

TITLE 5. MATTERS AFFECTING PUBLIC OFFICERS AND EMPLOYEES 

SUBTITLE B. COUNTY OFFICERS AND EMPLOYEES 

CHAPTER 170. MISCELLANEOUS PROVISIONS AFFECTING COUNTY OFFICERS AND 

EMPLOYEES 

Sec. 170.001. REGULATION OF CERTAIN USE OF PRIVATELY OWNED VEHICLES, 

(a) The commissioners court of a county may adopt rules prohibiting or 

regulating the use of a privately owned motor vehicle for the performance 

of county business or law enforcement duties by a sheriff or constable or a 

deputy of a sheriff or constable. 

(b) This section does not authorize a commissioners court to adopt 

rules relating to the private use of a privately owned motor vehicle. 

Added by Acts 1999, 76th Leg., ch. 644, Sec. 2, eff. Sept. 1, 1999. 

Redesignated from Local Government Code Sec. 240.096 by Acts 2001, 77th 

Leg., ch. 1420, Sec. 12.001. 

Sec. 170.002. QFURCHASE^ &0m OFJREAJ^ BY HONORABLY RETIRED LAW 

ENFORCEMENT OFFICER. (a) An individual may purchase a firearm from a 

county i f : 

(1) the individual was a peace officer commissioned by the 

county who is honorably retired; 

the county; and 

Penal Code. 

(2) the firearm had been previously issued to the individual by 

(3) the firearm is not a prohibited weapon under Section 45.05, 

(b) An individual may purchase only one firearm from a county under 

this section. 

(c) The county commissioners court shall establish the amount, which 

may not exceed fair market value, for which a firearm may be purchased 

under this section. 

Added by Acts 2011, 82nd Leg., R.S., Ch. 266, Sec. 1, eff. September 1, 

2011. 

http://www.statutes.legis.state.tx.us/DocViewer.aspx7K2DocKey-odbc%3a%2f%2frCAS... 7/17/2012

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Whats used price on sig sauer model sp2340 semi-automatic pistol Page 1 of 2 

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Ack ! I?; an\(fhinn 

Whats used price on sig sauer nnodel sp2340 semiaMtomat^lS^ 

pistol? 

Sig SaJer 

Govt Contracting Seminars FedPubSeminars.com 

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Answer: 

depending on condition $300-$450 

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First answer Cy ID3540594701. Last edit By ID3540594701. Question popularity: 2 [recommend question], [report abuse] 

Relevant answers: 

What Is the used value of mv used Sig Sauer P226 pistol? 

50-500 usd 

What is used price of sig sauer 229 40cal? 

100-440 or so 

Wiiat is the current model that the Sig Sauer sp234Q is sold under? 

It is now a SP2022 

What is the price for an used sig sauer 220D 45? 

lOO-lOOO or more depending on specifics 

What Is the Price of ww II semi automatic 45 pistol? 

A few hundred to a few thousand depending on EXACTLY winat you have, condition, etc.. 

Answers,com > Wiki Answers 

sp2340 semi-automatic piston 

Hobbies & Collectibles > Firearms > Sig Sau 

file://C:\Users\ESaenz\AppData\Local\Microsoft\Windows\Teraporaxy Internet Files\Cont... 7/17/2012 

Ads

Elsa Saenz 

From: 

Sent: 

To: 

Subject: 

Pete Peralta 

Tuesday, July 31, 2012 10:39 AM 

Elsa Saenz 

Retirement - Firearm 

Elsa the following are the quotes that we received from three local gun shops. The weapon in question Sig Sauer P2340 

Pro was manufactured in 1999 and discontinued in 2005, it retailed new for $510. The following are the quotes: 

• The Sharp Shooter - $220. (used value) and $400. (replacement cost). 

• Texas Gun Shop - $250. (used) 

• Modern Pawn - $200. (used) 

The replacement cost quoted by the Sharpshooter is the actual cost of the new Sig Sauer Pro 2022 ($400 wholesale) 

which has replaced the current weapon. But all vendors are in agreement of the cost between $200 to $250. I hope this 

will help in the Courts decision regarding a cost for the weapon. Let me know if you need anything else.... 

Peter B. Peralta 

Asst. Chief Deputy 

Nueces County Sheriffs Office 

1

Commissioners Court - Regular 4. E. 1. 


Budget Change Order #20 





Information 

Approve Budget Change Order No. 20 for Fiscal Year 2011-2012. 

BACKGROUND 

DISCUSSION 

Budget Change Order #20 List 

Budget Change Order #20 BackUp 

Attachments

3091 Citv-Countv Health Deet 

5126 - Salaries Temporary 

5210 - Office Expense & Supplies 

5217 - Postage & Fed Express 

5220 - Food & Food Supplies 

5230 - Telephone & Utilities 

5240 - M&R Equip & Veh 

5300 - Professional Services 

5410 - Other Services & Charges 

5510 - Other Expenses 

Total City-County Health Fund 

2,560 

10 

370 

700 

2,500 

16,500 

4,250 

26,890 

2,560 

24.330 

Continuation of Budget Change Order #20 

26,890 0 

$ 26,890 $ 26,890 0 

3

Nueces County Production 

Budget to Actual Figures 

Ledger: GL 

Fiscal Year: 2011 As Of: 07/26/2012 Budget: WB 

Department Title Director 

1160 County Clerk Diana Barrera 

Budget 

Category Description Budget Actual Encumbrance Balance 

510 Salary - Official 73,785.00 58,412.46 0.00 15,372.54 

511 Salaries - Regular 3l3,765.00 229,126.25 0.00 84,638.75 

512 Salaries - Overtime 3,000.00 803.89 0.00 2,196.11 

513 Salaries - Temporary 13,600.00 13,306.08 0.00 293.92 

514A Salaries - Longevity 3,474.00 2,204.40 0.00 1,269.60 

515 Employee Benefits 116,528.00 89,032.14 0.00 27,495.86 

518 Other Personnel Expense 8,604.00 6,800.10 0.00 1,803.90 

521 Office Expense & Supplies 11,445.00 7,544.75 30.00 3,870.25 

521A Postage & Fed Express 12,356.00 8,100.43 242.18 4,013.39 

523 Telephone & Utilities 1,906.00 953.28 0.00 952.72 

524 Maint & Repair - Equip & Veh 1,175.00 663.25 440.00 71.75 

526 Maint & Repair-Bldg & Grounds 0.00 403.24 0.00 (403.24) 

530 Professional Services 4,500.00 960.00 0.00 3,540.00 

541 Other Services & Charges 4,179.00 5,432.44 261.00 (1,514.44)/ 

551 Other Expense 9,196.00 6,463.68 0.00 2,732.32 

554 Travel 4,300.00 2,975.72 0.00 1,324.28 

562 Capital Outlay

Ledger: GL 

Fiscal Year: 2011 As Of: 07/2512012 

Department Title 

1190 County Clerk Elections 

Budget 

Category Description 

511 Salaries - Regular 

512 Salaries - Overtime 

513 Salaries - Temporary 

514A Salaries - Longevity 

515 Employee Benefits 

518 Other Personnel Expense 

521 Office Expense & Supplies 

521A Postage & Fed Express 

523 Telephone & Utilities 

524 Maint & Repair - Equip & Veh 

525 GasolinelFuel 

526 Maint & Repair-Bldg & Grounds 

530 Professional Services 

533 Special Personnel Services 

541 Other Services & Charges 

554 Travel 

561 Capital Outlay 

562 Capital Outlay



Ledger: GL 

Fiscal Year: 2011 As Of: 07124/2012 Budget: WB 


1170 County Clerk Treasury Diana Barrera 

Budget 


511 Salaries - Regular 152,940.00 114,649.63 0.00 38,290.37 

512 Salaries - Overtime 2,650.00 3,579.83 0.00 (929.83) 

514 A Salaries - Longevity 777.00 598.00 0.00 179.00 


518 Other Personnel Expense 1,584.00 1,242.60 0.00 341.40 



523 Telephone & Utilities 309.00 146.73 0.00 162.27 

524 Maint & Repair - Equip & Veh 3,300.00 125.00 0.00 3,175.00/ 

530 Professional Services 900.00 0.00 0.00 900.00 V 

541 Other Services & Charges 9,025.00 7,059.26 0.00 1,965.74 

551 Other Expense 3,334.00 2,222.72 0.00 1,111.28 

554 Travel 2,700.00 643.94 0.00 2,056.06/ 

** Total Expense Accounts ** 

257,346.00 193,642.98 0.00 63,703.02 

User 10: SAENZS Simon Saenz III Page: 1 Current Date: 0712412012 

Report 10: GLIQBA_Cate BA Budget to Actual Figures Cat Current Time: 09:30:09

- 

Ledger: GL 



1200 Tax Assessor· CoDecfor 

Budget 


510 Salary - Official 



513 Salaries - Temporary 







526 Maim & Repair-Bldg & Grounds 



551 Other Expense 

554 Travel 

562 Capital Outiay

Ledger: GL 



1250 County Auditor 

Budget 


510A Salary - Dept Head 








523 Telephone & Utilities 




551 Other Expense 

554 Travel 

561 Capital Outlay 

562 Capital Outlay

Nueces County Production 07/31/12 A C C 0 U N T SUM MAR Y YTD Actual to Annual Budg Page 3 

TUE, JUL 31, 2012, 10:34 AM --req: DIANAR- --leg: GL JL--loc: 1250-- -job: 1972768 #J9547 -prog: GL512 --report id: GLHIER01 

SORT ORDER: Key within Budg Cat within Dept within Off/Dept 

SELECT Department Code: 1250 Key Code: 5000-END 

BUDGET: Working Budget 

Pg. Dept Dept Title Function Code Dept Director 

========== ============================== ============================== ============================ The Fiscal Yr is 83% over 

3 1250 County Auditor General Fund/Comm Crt 11 Margaret L. Hayes 

Key Key Description Acct. Type Current Budget Activity Balance Budget Balance % of Budget Note 

==:::::=:::::==:::::=::::: =:.::::::::;;;====::======:.::::: =:::::============== 

5540 Travel Expenses Expense 11,000.00 0.00 

5542 Travel, Food & Lodging Expense 0.00 5,980.17 

Travel Revenue 0.00 0.00 0.00 

Expense 11,000.00 5,980.17 5,019.83 54.4 

Net -11,000.00* -5,980.17* -5,019.83* 54.4* 

5680 Non Capital Outlay < $5000 Expense 494.00 273.55 

Capital Outlay



Ledger: GL 



1270 County Purchasing Elsa N. Saenz 

Budget 


510A Salary - Dept Head 75,442.00 61,367.15 0.00 14,074.85 


512 Salaries - Overtime 1,000.00 688.25 0.00 311.75 

513 Salaries - Temporary 2,160.00 1,084.80 0.00 1,075.20 

514A Salaries - Longevity 3,255.00 1,590.00 0.00 1,665.00 


518 Other Personnel Expense 2,880.00 2,728.20 0.00 151.80 



522 Food & Kitchen Expenses 0.00 0.00 0.00 0.00 

523 Telephone & Utilities 3,583.00 1,733.90 0.00 1,849.10 

524 Maint & Repair - Equip & Veh 1,800.00 1,028.36 185.20 586.44 

525 GasolinelFuel 1,975.00 1,879.06 0.00 95.94 

526 Maint & Repair-Bldg & Grounds 0.00 97.45 0.00 (97.45) V 

530 Professional Services 3,500.00 608.60 0.00 2,891.40/ 

541 Other Services & Charges 21,032.00 7,679.76 822.91 12,529.33 

551 Other Expense 5,583.00 5,520.97 0.00 62.03 

554 Travel 3,000.00 1,073.50 0.00 1,926.50 

561 Capital Outlay 0.00 82.84 0.00 (82.84) 

562 Capital Outlay

Can I please have a quote for HON 695 5-Drawer Lateral Filing Cabinet - 42"W X 19 W' D X 67/1 H color is light grey. 

Thank you! 

erica cantu 

Nueces County Purchasing Dept 

P:361-888-Q426 

F:361-888-0458 

Email:erica.cantu@co.nueces.tx.us 

2

NUECES COUNTY PURCHASING DEPARTMENT 

901 leopard Street, Room 106, Corpus Christi, TX 78401 (361) 888-0426 FAX (361) 888-0458 

REQUEST FOR QUOTATION 105t:I] J) I 51RIc .,. 

Quote # 20120622JS (] ollRT 

Instructions: Please include the following text on the Requisition: #11'30 

Quote # 2012062215 by Purchasing 

Copy to Janet Schenzel 

Questions: Contact Janet Schenzel, Buyer, @ 361-888-0449 

Stock # Description Qty Factory Price Quick Ship Price 

HON llS292AXNN Bookcase Hutch for Lateral 1 $236.00 $263.00 

File - Mahogany 

HON 11563AFNN 2 Drawer Lateral File 1 $391.42 $433.00 

Mahogany 

HID 16118 Combo Unit Lateral File 1 $530.00 $530.00 

Black; 36" x 18-5/8" x60" 

TOTAL $1157.42 

Delivery Lead Times: Factory Price; 3-4 weeks 

Quick Ship Price; 3-4 days 

VENDOR INFORMATION *(Reguired) 

*Vendor Name: Coastal Office Products (V32474) 

Shad Estes *Vendor Phone: 361-578-5392 

*Date: 06{22{2012

Nueces County, Texas FY11/12 

Budget Transfer Form 

The Honorable Commissioner's Court 

Please approve the following budget transfer request for: 

------ 

'2 JUL 23 PH r-t: 34 

Department No. __1_2_85__Dept Name General Administration 

(Please prepare a separate request for each department) 

Increase Decrease 

Budget Category Account Name To From 

5355 Contingency Appropriations - Equip < $5,000 1,273 

Department No. 5105 Dept Name Emergency Management 

Budget Category Account Name 

5230 Telephone & Utilities 1,273 

This budget transfer is necessary to: 

Discussion: 

County Auditors Office 

( ) Cover outstanding purchase orders 

( X ) To balance line item categories 

( ) To cover temporary employees 

Totals 1,273 1,273 

( X ) Other Time Warner CablellnternetiDi ital Account - Emer enc Mana ement 

effective April 23, 2012 - through year end FY2012 (6 mths @ $183.56) 

Notificaton of Commissioners Court Action 

Approved by the Commissioner's Court on 

Revised by the Commissioner's Court on 

Disapproved by the Commissioner's Court on 

County Auditors Office 

APFORM 119 (6/19197) 

Commissioners Court Administration 

July 23, 2012 

Date 

___ _ 

Budget Change order_# __20


PURCHASE ORDER STATUS INQUIRY 

MASTER INFORMAnON 

PRNumber VendorID Vendor Name 

R126533 V02639 Marco Electronics 


Fully Paid 

Address: P organ 


PO Total Amount: 1,348.96 

Confirm: Requested by: Sjuarezl6310 Blanket Number: Req. Df: 11116/2011 

Account: Approved by: bsinuc Blanket Amount: .0.00 Apr Dt: 1210512011 

Bid: Printed by: ERICA Blanket Remaining: 000 Print Dt: 2011112/05 

Contract: PO Type: P Entry Dt: 11/1612011 

Ship To: NC6310 EN Flag: Y Req. Codes Expr Dt: 09/3012012 

Bill To: NC1250 

End Use: 

Sec Cd: CLlB [M]DDDD 

00000 

Buyer: 

Item Unit Price Key Object TaxI Discount Extended Catalog F/A Print 

QtyOrdered UN Tax2 Charges Work Order Ship To Whse Chg 

Sony KDL32BX320 32" LCD TV 

0001 $379.99 Gl1391 5680 $0.00 $0.00 $379.99 N Y 

EA $0.00 $0.00 

Sanus VM400 articulating arm mount 

0002 $179.99 Gl1391 5680 $0.00 $0.00 $179.99 N 

1 EA $0.00 $0.00 

Sony KDL40BX420 40" LCD TV 

0003 $583.99 Gl1391 5680 $0.00 $0.00 $583.99 N 

EA $0.00 $0.00 

Samsung DVD V9800 DVDNCR combo 

0004 $99.99 Gl1391 5680 $0.00 $0.00 $99.99 N 

EA $0.00 $0.00 

Misc Parts 

0005 $20.00 Gl1391 5680 $0.00 $0.00 $20.00 N 

1 EA $0.00 $0.00 

Labor 

0006 $85.00 Gl1391 5680 $0.00 $0.00 $85.00 N 

EA $0.00 $0.00 

Print After: Please print copy of PO to 

Print After: 

Print After: Keach Family Library 

Print After: Attn: Stephanie Juarez 

Print After: FAX: 361-387-7964 

Print After: 

Print After: Marco Electronics 

Print After: FAX: 361-883-9895 

$1,348.96 

PR NOTESIPRINT BEFOREIPRINT AFTER TEXT 

User: THERESA - Theresa C McLemore Page Current Date: 07117/2012 

Report: P03001 - P03001: Purchase Order Statns Inquiry 1 Current Time: 11:50:12


PURCHASE ORDER STATUS INQUIRY 

MASTER INFORMATION 

PRNumber PO Number VendorID Vendor Name 

R126533 319819 V02639 Marco Electronics 

Accepted 201ll1111614:12:· 201111111614:12:46 

SJUAREZ 

BENJ 

Accepted 

Accepted 

Accepted 

Accepted 

Accepted 

Accepted 

Accepted 

Accepted 

Accepted 

Accepted 

Accepted 

Accepted 

Accepted 

Accepted 

Accepted 

Accepted 

Accepted 

Accepted 

Accepted 

Accepted 

Accepted 

Accepted 

Accepted 

Accepted 

Accepted 

Accepted 

Accepted 

Accepted 

201111111614:12;. 2011/1111614:12:46 

2011/1111614:17: 2011J11I1614:17:18 

201ll11l1614:17: 2011111/1614:17:18 

2011111116 14:17: 2011/11116 14:17:18 

201ll1111614:17: 2011/1111614:17:18 

201ll1l11614:17: 201111111614:17:18 

2011/1111614:17: 2011/1111614:17:18 

2011111116 14:17: 2011/11116 14: 17:18 

201111111614:17: 2011/1111614:17:18 

201ll11/1614:17: 201111111614:17:18 

201111111614:17: 201ll11/1614:17:19 

201111111614:17: 2011/ll/1614:17:19 

2011/11fl614:17: 2011/11/1614:17:19 

2011111/1716:28: 2011/1111716:28:18 

2011/11/29 14:04: 2011111/29 14:05:06 

2011/11129 17:08:· 2011/11/29 17:08:42 

2011/11129 14:05: 2011/11J2914:05:19 

2011/12/05 11:04:. 2011/12/05 11:04:54 

2011/11129 14:05: 2011/11/29 14:05:19 

20lll1ll29 14:05:: 2011/11129 14:05:20 

201111112914:05:: 201111112914:05:20 

2011112/05 11:04: 2011/12/05 11:04:53 

2011/1112915:20:1 20111ll/2915:20:04 

201111l/29 15:20:1 2011111129 15:20:04 

2011J11/29 15:20:1 201ll11l29 15:20:04 

2011111129 15:20:1 2011111129 15:20:04 

201111112915:20:1 2011111129 15:20:04 

2011111129 15:20:1 2011111129 15:20:04 


Fully Paid 

User: TIIERESA - Theresa C McLemore Page Current Date: 07117/2012 

Report: P03001 - P03001: Purchase Order Status Inquiry 4 Current Time: 11:50:12



Ledger: GL 



1590 Hilltop Facility Edward G. Herrera 

Budget 



514A Salaries - Longevity 1,197.00 469.96 0.00 727.04 


521 Office Expense & Supplies 1,500.00 2,152.13 0.00 (652.13) 

523 Telephone & Utilities 42,022.00 20,828.78 403.67 20,789.55 V' 

524 Maint & Repair - Equip & Veh 8,500.00 1,073.27 0.00 7,426.73 

526 Maint & Repair-Bldg & Grounds 29,000.00 7,671.76 4,237.50 17,090.74 

541 Other Services & Charges 5,632.00 2,512.94 1,371.42 1,747.64 

562 Capital Outlay

• 



Ledger: GL 



1760 Robstown Community Building Edward G. Herrera 

Budget 


521 Office Expense & Supplies 0.00 0.00 0.00 0.00 

523 Telephone & Utilities 39,182.00 23,004.75 649.10 15,528.15 

524 Maint & Repair - Equip & Veh 300.00 40.50 0.00 259.50 

526 Maint & Repair-Bldg & Grounds 9,200.00 8,682.66 527.71 (10.37) 

541 Other Services & Charges 5,000.00 2,969.85 1,617.82 412.33 


53,682.00 34,697.76 2,794.63 16,189.61 

User ID: JANIEHER - Juanita Hernandez Page: 1 Current Date: 07 J\ 8/2012 

Report ID: GLIQBA_Cate - BA - Budget to Actual Figures - Cat Current Time: 13:40: 13



Ledger: GL 



1770 Sr Community Services Bldgs. 

Budget 

Category Description Budget 

Director 

Edward G. Herrera 

Actual Encumbrance Balance 

521 Office Expense & Supplies 1,000.00 0.00 0.00 

523 Telephone & Utilities 29,189.00 18,639.10 1,451.50 

526 Maint & Repair-Bldg & Grounds 17,000.00 5,082.80 4,995.10 

541 Other Services & Charges 4,000.00 2,127.84 1,804.26 


51,189.00 25,849.74 8,250.86 

1,000.00 

9,098.40 / 

6,922.10 V 

67.90 

17,088.40 

User ID: JANIEHER - Juanita Hernandez Page: I Current Date: 07/18/2012 

Report ID: GLIQBA_Cate - BA Budget to Actual Figures Cat Curreut Time: 13:39:10



Ledger: GL 



6310 

Budget 

County Library Ida GGarza 

CategoryDescription Budget Actual Encumbrance Balance 

510A Salary - Dept Head 50,212.00 41,287.38 0.00 8,924.62 

511 Salaries· Regular 129,576.00 98,441.53 0.00 31,134.47 

513 Salaries - Temporary 40,500.00 28,802.75 0.00 11,697.25 

514A Salaries - Longevity 1,800.00 1,384.60 0.00 415.40 


518 Other Personnel Expense 15,000.00 9,271.00 5,721.71 7.29 

521 Office Expense & Supplies 14,064.00 6,802.24 935.66 6,326·lOV 

521A Postage & Fed Express 800.00 853.34 0.00 (53.34) 

523 

524 

Telephone & Utilities 

Maint & Repair· Equip & Veh 

3,178.00 3,177.88 0.00 

3,500.00 1,979.75 0.00 

0.12 

1,520.25V' 

526 Maint & Repair-Bldg & Grounds 6,258.00 5,291.00 70.00 897.00 

527 Maint & Repair-Roads & Bridges 0.00 0.00 0.00 0.00 

530 Professional Services 18,000.00 15,988.00 400.00 1,612.00 

541 Other Services & Charges 50,000.00 32,400.74 8,239.21 9,360.05 

551 Other Expense 3,059.00 2,039.04 0.00 1,019.96 

554 Travel 3,000.00 2,086.15 68.60 845.25 

561 Capital Outlay 0.00 182.68 0.00 (182.68) 

562 Capital Outlay

Diana Rosas 

From: Lisa A. Davis 

Sent: Thursday, July 26, 20122:48 PM 

To: Diana Rosas 

Cc: Aurora Parlamas (AuroraP@cctexas.com); Leticia Hernandez; Brenda White 

(brendaw@cctexas.com) 

Subject: FW: Budget Transfer Request Form 

Attachments: Budget Transfer07262012-tempLVN.pdf 

Diana, 

I believe that this should have gone to you. Let me know. 

Thanksl 

Executive Accountant 

N ueces County Auditors Office 

901 Leopard, Rm 304 


Office: (861) 888-0556 Fax: (861) 888-0584 

e-mail: lisa.davis@co.nueces.tx.us 

From: Brenda White [mailto:BrendaW@cctexas.com] 

Sent: Thursday, July 26,2012 12:16 PM 

To: Lisa A. Davis 

Cc: Aurora Parlamasi Annette Rodriguez; Steve Waterman; Leticia Hernandez 

Subject: Budget Transfer Request Form 

The budget transfer request for Department Number 3091 for the City-County Health Department is attached. The 

budget transfer is requested to cover the expense for a temporary LVN for the srD Program. 

Please let me know if you need any additional information. 

Thank you, 

-greVoolCl L. wVitte 

!-teClLtVi t:>Lstrtct AccouVotClVot 

corpus CVirLstt-Nueces couVottj 

1.702 !-to rVoe RoC! ol 

Corpus Cvwtstt, TX 7!?41.b 

3b1.-!?2b-7252 

1



Personnel Actions 





Information 

Approve personnel actions of a budgeted nature: 

a. Application Temporary List No. 319 

b. Frozen List No. 023 

c. Unfreeze List No. 644 

d. Personnel Changes reports dated July 20, 2012 and July 27, 2012. 

BACKGROUND 

DISCUSSION 

Temp #319 List 

Temp #319 Backup 

Frozen #023 list 

Frozen #023 NCFs (c) 

Unfreeze #644 list 

Unfreeze #644 NCFs (c) 

PC 7/20/12 List 

PC 7/20/12 NCFs (c) 

PC 7/27/12 list 

PC 7/27/12 NCFs (c) 

Confidential documents are indicated with a (c). 

Attachments

Personnel Changes Summary 

For July NCF-1's Received Before July 20, 2012 

Commissioners' Court Meeting August 8, 2012

* From HR, No stions 

X From HR, With ion 

ROAD & BRIDGE - 0120 

PERSONNEL CHANGES REPORT 

FOR JULY NCF-1'S RECEIVED BEFORE JULY 20, 2012 

COMMISSIONERS' COURT MEETING AUGUST 8, 2012 

Present 

Biweekly 

POS/GROUP STP 

Jesus Garza Appointment (07/10/12) N/A 

*07/13/12 Truck Driver II 

Pos Unfro OS/25/11 

CO ATTORNEY - 1130 

Neil Joseph 

Appointment (07/09/12) N/A 

*07/13/12 Attorney II, Civil 

Pos Unfro OS/23/12 

TAX ASSESSOR-COLLECTOR - 1200 

Juan Cordova Castro Appointment (06/25/12) N/A 

*07/16/12 Temp-Clerk 

VOTER REG CHPT19 - 1381 

Rheanna Sal Appointment (06/25/12) N/A 

*07/16/12 Temp-Clerk 

JUVENILE DETENTION - 3490 

Lydia Orta Resignation (07/12/12) $ 1,064.80 

*07/10/12 Det Counselor/ Scn 17/01 

Pay 6.9 hrs comp $96.05 48.73 supp 

Proposed 

Biweekly 

POS/GROUP STP 

$ 1,016.00 

16/01 

$ 2,086.93 

30/01B 

125.00 supp 

90.00 car 

$ 10.00 hr 

NC/OO 

$ 9.00 hr 

NC/OO 

N/A

PERSONNEL CHANGE REPORT PAGE 2 


* From HR, 

X From HR, 

JUSTICE BOOT CAMP - 3492 

Drew A Altenburg 

(06/25/12) 

*07/16/12 Drill Instructor 

OS/23/12 

DISTRICT CLERK - 3530 

Andrew L Rivas Trans (07/09/12) 

*07/13/12 Senior Clerk 

Pos 06/06/12 

Dept 3710 

JUSTICE THE PEACE 1-1 - 3600 

Linda A Herrera 

*07/13/12 

JUSTICE OF THE PEACE 5-1 - 3650 

Trans (07/06/12) 

Court Clerk 

to Dept 3650 

Linda A Herrera Trans (07/07/12) 

*07/13/12 Court Clerk (JP) 

Pos ro 06/27/12 

from Dept 3600 

ID - 3710 

Andrew L Transfer (07/06/12) 

*07/13/12 ID Clerk 

to Dept 3530 

JAIL - 3720 

Malcolm D Spears Resignation (07/06/12) 

*07/13/12 Sergeant 

60.42 hrs vac $951.01 

Present 

Biweekly 

POS/GROUP STP 

N/A 

N/A 

$ 926.40 

13/03 

27.60 long 

N/A 

$ 882.40 

13/01 

$ 1,353.64 

03/04 

30.77 

Proposed 

Biweekly 

POS/GROUP STP 

$ 1,064.80 

17/01 

$ 882.40 

13/01 

N/A 

$ 926.40 

13/03 

27.60 

N/A 

N/A



* From HR, 

X From HR, 

CONSTABLE PRCT 3 - 3830 

Present Proposed 

Biweekly Biweekly 

paS/GROUP STP paS/GROUP STP 

Felipe DeJesus Mart z (07/09/12) N/A $ 1,229.80 

*07/13/12 Constable 02/04 

03/14/12 30.77 

Dept 3820 11.54 cert 

SOCIAL SERVICES ADMIN - 4110 

Olivia Guerrero FMLA/LWOP (07/18/12) $ 1/176.80 N/A 

*07/13/12 Soci Worker 20/01B 

55.38 car 

ANIMAL CONTROL - 5330 

Fabian Leal Res ion (07/13/12) $ 1/016.00 N/A 

*07/13/12 Animal Control Officer 16/01 

15.37 hrs vac $195.20 

The above proposed changes are in accordance with the 

Salary Compensat funds are provided in the current year. 

Margaret L. Hayes 

County Auditor

Personnel Changes Summary 

For July NCF-1's Received Before July 27,2012 

Commissioners' Court Meeting August 8,2012

* From HR, No Questions 

X From HR, With Exception 

ROAD & BRIDGE - 0120 

PERSONNEL CHANGES REPORT 

FOR JULY NCF l'S RECEIVED BEFORE JULY 27, 2012 


Present Proposed 

Biweekly Biweekly 

POS/GROUP STP POS/GROUP STP 

Armando Guerrero FMLA/LWOP (07/11/12) $ 1,064.80 N/A 

*07/24/12 Equip Operator 17/01 

CO ATTORNEY - 1130 

inda Hinojosa Persohn Salary Adj (08/01/12) $ 3,392.13 $ 3,392.13 

*07/24/12 Chief of Admin Svcs 38/04 38/04 

208.33 supp 208.33 sUPP 

110.00 supp 120.00 supp 

90.00 car 90.00 car 

27.50 long 27.50 long 

TAX ASSESSOR-COLLECTOR - 1200 

Criselda Marie Aguirre Promotion (07/09/12) $ 

*07/24/12 Accting Asst 

Pos 06/06/12 

Elisa Valderrama Promotion (07/09/12) $ 

*07/24/12 Senior erk II 

Pos Unfro 06/27/12 

CO AUDITOR - 1250 

JoAnn Beltran SUSp/WOp (06/22/12) $ 

*07/24/12 Accting Asst/Scanning 

SUSP 1 day 

PURCHASING - 1270 

Janet J Schenzel Resignation (07/13/12) $ 

*07/24/12 Junior Buyer 

Pay 69.37 hrs vac & 7.535 

Hrs comp $1,179.73 

992.00 $ 

15/02 

803.20 $ 968.00 

11/01 15/01 

N/A 

1,227.20 N/A 

20/01



* From HR, 

X From HR, 

No Questions 

With Exception 

CO RECORDS MGMT - 1304 

Present 

Biweekly 

POS/GROUP STP 

Proposed 

Biweekly 

POS/GROUP STP 

Jacob J Martinez Resignation (06/26/12) $ 9.18 hr N/A 

*07/24/12 Temp-Records Cl NC/OO 

Laura P Wavell ion (06/15/12) $ 9.18 hr N/A 

*07/24/12 erk NC/OO 

RECORDS WAREHOUSE - 1470 

ta M Hernandez Temp Emp Ext#5(07/02/12) $ 9.18 hr N/A 

*07/24/12 Temp Records erk NC/OO 

JUSTICE BOOT CAMP - 3492 

Frank A Newell MIL/LWOP (07/28/12) $ 1,448.80 $ 1,448.80 

*07/24/12 Capt n, Case Mgr 23/02 23/02 

32.20 long 32.20 long 

46.97 supp 48.73 supp 

DISTRICT CLERK - 3530 

Maury B Mart z Vasques Promot (07/07/12) $ 882.40 $ 968.00 

*07/24/12 Senior Clerk II 13/01 15/01 

Pos ro 06/27/12 

JAIL - 3720 

Adam Gonzalez Promotion (07/07/12) $ 1,229.80 $ 1,353.64 

*07/24/12 ant 02/04 03/04 

Pos Unfro 06/27/12 15.38 srty 15.38 srty 

11.54 cert 

Saenz Transfer (07/06/12) $ 1,229.80 N/A 

*07/24/12 Corrections Officer 02/04 

Trf to Dept 3340 2.31 srty 

11. 54 jet 

Ari LWOP (06/28/12) $ 1,229.80 N/A 

*07/24/12 Corrections Off r 02/04 

46.15 srty


COMMISSIONERS' COURT MEETING AUGUST 8[ 2012 

* From HR[ 

X From HR[ 

No Questions 

With Exception 

CONSTABLE PRCT 2 - 3820 

ipe DeJesus Martinez 

*07/24/12 

SR COMMUNITY SERVICES - 4190 

aine S Bockholt 

*07/24/12 

CO LIBRARY - 6310 

Liza M Silva 

*07/24/12 

Elizabeth R Figueroa 

*07/24/12 

Transfer (07/06/12) 

Deputy Const 

to 3830 

Promotion (06/23/12) 

Act ties Coord 


Resignation (07/05/12) 

Temp Library Clerk 

Appointment (07/12/12) 

Library erk (PT) 


Present 

Biweekly 

POS/GROUP STP 

$ 1,229.80 

02/04 

30.77 srty 

11.54 cert 

$ 843.20 

11/03 

23.00 long 

$ 8.00 hr 

NC/OO 

The above proposed personnel changes are in accordance wi the 

Salary Compensation Plan and funds are provided in the current year. 

Margaret L. Hayes 


Proposed 

Biweekly 

POS/GROUP STP 

N/A 

$ 1,171.20 

18/03 

23.00 long 

N/A 

N/A $ 401. 60 

11/01



Consider and approve a reclassification of one part time Licensed Vocational Nurse position to a full time position 

with benefits. 



Admin 



Information 

Discuss and consider reclassification of one part time Licensed Vocational Nurse position to a full time position 

with benefits (H16, salary range is: low $26,254, mid $34,096, high $41,938). 

BACKGROUND 

The Health District is seeking approval of a reclassification to the Licensed Vocational Nurse position, job code 

3230 from part time to a full time position with benefits. The funding for this position will come from the general 

fund. This reclassification and salary adjustment has been reviewed and approved by Human Resources. The 

Licensed Vocational Nurse position pay group is H16, salary range is: low $26,254, mid $34,096, high $41,938. 

This adjustment will be within the salary range and a cost of $26,130 to the general fund. 

DISCUSSION 

FISCAL IMPACT: This position will be paid with salary savings from the general fund.



Other Agenda Items 





Information 

Discuss and consider an increase of $50 in change fund for the Keach Family Library and a $25 change fund for 

the Bishop Branch Library. 

BACKGROUND 

Local Government Code 130.902 authorizes the commissioners court to set aside an amount approved of county 

auditor monies from the general fund for use as a change fund by any county or district official that collects public 

funds. 

DISCUSSION 

The library director is requesting an increase in the change fund for the Keach Family Library and to establish a 

change fund for the Bishop Branch Library. Please see attached email. Currently, the Keach Family Library has a 

$25 change fund and $0 change fund for the Bishop Library. The Bishop location is going to be automated effective 

August 1, 2012. It is recommend the amounts requested be funded. 

Other Agenda Item - Keach & Bishop Library 

Attachments

, 71st Leg., ch. 737, § 3, 

Leg., ch. 165, § 22 (46), e 

SUBCHAPTER Z. OTHER MISCELLANEOUS PROVI 

§ 130.901. SALE OF RIGHTS TO JUDGMENT PROCEEDS. (a) 

sioners court of a county may sell the rights of the county to 

lny judgment proceeds belonging to the county if the princi 1 and 

3uret s on the judgment are insolvent so that under any sting 

)rocess of law the judgment cannot be collected, either in whole or 

The court may advertise the sale to the extent that it 

s necessary and in the best interest of the county. 

(b) If the amount bid for the rights to the judgment 

s at the public sale is not considered sufficient, 

ssioners court shall refuse to accept the bid and shall 

of the rights in the manner considered most advantageous to 

county's interest. 

(c) If the court sells the rights to the judgment 

the court shall properly assign the rights to the purchaser. 

1\cts 1987, 70th Leg., ch. 149, § 1, eft. Sept. 1, 1987. 

Renumbe from § 130.001 by Acts 1989, 71st Leg., ch. 1, § 

23(a) (1), eft. Aug. 28, 1989. 

/ § 130.902. CHANGE FUND IN COUNTIES. (a) The 

2ommissioners court of a county may set aside from the 1 fund 

county an amount approved by the county auditor for use as a 

fund by any county or district official who collects public 

fund may be used only to make change in connection with 

ions that are due and payable to the county, the state, or 

1 subdivision of the state that are often made by 

c 1 

(b) The bond of that official who receives such a change 

d must cover the official's responsibility for the correct 

3ccounting and disposition of the change fund. 

(c) A change fund may not be used to make loans or advances 

)r to ca ks or warrants of any kind. 

(d) On the recommendation of the county auditor, the 

sioners court may increase or decrease the change fund at 

.ll.cts 1987, 00th Leg., ch. 149, § 1, eff. Sept. 1, 1987. 

Renumbe from § 130.002 by Acts 1989, 71st Leg., ch. 1, § 

23(a)(1), eff. Aug. 28, 1989. Amended by Acts 1989, 71st ., ch. 

727, § 1, eff. Aug. 28, 1989. 

1ttp:llwww.capitol.state.tx.us/statutes/docs/LG/contentihtm/lg.004.00.000130.00.htm 8/211200(

.. 

Elva Gomez 

From: Ida Garza 

Sent: Monday, July 3D, 2012 2:54 PM 

To: Margaret Hayes 

Cc: Elva Gomez 

Subject: Nueces County Library 

Good afternoon, Ms. Hayes: 

The County Library is requesting an increase in Cash Funds for 

the Keach Family Library. At this time we are supposed to have 

a maximum of $25.00 for CASH. 

But we have noticed an increased amount of patrons paying 

fines and for copies and we do not have enough funds available 

on hand for CASH. 

We would like our CASH FUNDS increased from the set amount 

of $25.00 to $75.00, if possible. 

The Bishop Branch Library has never been automated and we 

did not have a working printer. Our staff had not been 

collecting any copy funds. 

But effective August 1st, 2013 the Bishop Branch Library will be 

fully automated and we will need at least a maximum of $25.00, 

ifpossible. 

Please contact me ifyou have any comments, questions, etc. 

Thank you very much! 

Have a great day! 

Ida Gonzalez-Garza 

Ida Gonzalez-Garza 

Library Director 

Ida.Garza@co.nueces.tx.us 

Nueces County Keach Family Library 

1000 Terry Shamsie Blvd 

Robstown, TX 78380 

1

" 361·387-3431 

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2

Nueces County Production Verbose G ENE R ALL E D G E R 10/01/2011-06/30/2012 Page 1 

MON, JUL 30, 2012, 3:45 PM --reg: ENON- ----leg: GL JL--loc: 1250----- ob: 1972587 #J9490--prog: GL502 --report id: GLGENL01 

SELECT Department Code: 6310 ; Key Code: 1050 

Page FUND FUND Description Sort Order Description 

======== =============================== ====================================================================================== 

1 11 General Fund DEPT within FUNC within KEYC within FUND 

Key and Description Function Dept and Title Debit Credit Balance 

================================== 

1050 Change Fund 40 6310 County Library 

* Key 1050 TOTAL * 

25.00 

25.00* 

0.00 

0.00* 

25.00 

25.00 

** Fund 11 TOTAL ** 25.00* 0.00* 25.00

Commissioners Court - Regular 5. A. 


Ricardo Lopez Audit 


Admin 



Discuss Ricardo Lopez Audit. 

BACKGROUND 

DISCUSSION 

Information

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