2010-01-28
Regular January Term
Held January 28,2010
THE STATE OF TEXAS
COUNTY OF CALHOUN
~
~
~
BE IT REMEMBERED, that on this 28th day of January, A.D., 2010 there was begun and holden
in the Commissioners' Courtroom in the County Courthouse in the City of Port Lavaca, said
County and State, at 10:00 A.M., a Regular Term of the Commissioners' Court within said County
and State, and there were present on this date the following members of the Court, to-wit:
Michael J. Pfeifer
Roger C. Galvan
Vern Lyssy
Neil E. Fritsch
Kenneth W. Finster
Wendy Marvin
County Judge
Commissioner, Precinct 1
Commissioner, Precinct 2
Commissioner, Precinct 3
Commissioner, Precinct 4
Deputy County Clerk
Thereupon the following proceedings were had:
Commissioner Galvan gave the Invocation and Commissioner Finster led the Pledge to the USA
Flag and Commissioner Fritsch led the Pledge to the Texas Flag.
INSURANCE COVERAGE OF COUNTY PIERS:
A Motion was made by Commissioner Finster and seconded by Commissioner Fritsch to approve
getting Insurance Coverage of County Piers. Commissioners Galvan, Lyssy, Fritsch, Finster and
Judge Pfeifer all voted in favor.
(\
e.,,,,"",,,,, """""'. ,",
10.375 Richmond Ave, Suite SOD, Houston, TX 77042
PhOne: (713) 532"4111 Fax: (713) 532-41.21
'I
DATE:
ATTN:
AGENCY:
DATE:
':i
QUOTATIONCONFIRMA TION
Dee 2.8,2.009
:Pam Jamison FAX :
GSM Insurors - Corilm.erciaIInsurance/AdminAcct
(361) 72.9-3817
QUOTATION EXPIRATION
3015491
.Dear .Pa'm,
We are pleased to confirm the following quotation that has been received from the carrier shown beltJw. Please note
thatthisqutJtatitJnis based onthe coverage, terms and ctJndititJns listed beltJw,which may be differentfrom those
requested in your original subinissitJn. As ytJu tll':etherepresentative of the Insured, it is incumbent upon you to
review the terms of this quotation carefully with your Insured, and reconcile any dlfferl!n Ces from the terms
requested in the. original submission. CRC Insurance Services, Ilic. disclaims any responsibility foryour failure to
reconcile with the Insured any differences between thet'~rmsquotedbelow and those terms originally requested.
THIS COVERAGE MA Y NOT BE BOUND WITHOUT A FULLY EXECUTED BROKERAGE AGREEMENT.
Insured Name:
.Tbetermsofthequotation are as follows:
PhysicalAddress:
Carrier:
Term:-
~~Is&~~_e~e.(ll"",,
;"'I'~,",,:""":~~
Calhoun County
201 W. Austin
Port Lavac~, TX 77979
211 S Ann,
Port Lavaca, TX 77979
Westchester Surplus Linesllisurance Company
1/1/201 Oto 1/1/2011
Risks ofdir~ct pbysicalloss or damage excluding Flood, Earthquake, Earthquake Sprinkler
Leakag~, and WindlHail with other exclusions per policy forms and specified in the quote or
binder.
.'~~I:~igi~~~!!g~Q.niD
~:t~.~~.~~:.-~,..*,,,~."i;lO'~'JII{ .~~~'~"""~"'~"_ " .
~.!3tJji~t;~fCe~ility: .'F.~;_~1;~~~4;()C}0;;":: ,L;..~.._ . .... "?e'tOcciit'rellce--
~ ," ' ~_,$,.,- ':;'~'''I(i: .~''''''',:,'' "...--~
Locations: Per Schedule on fil~)-with tbis Corilpanyat SanFrancisco, CA. dated totaling $1,664,000
~:"~!i'~?"~i~\',,_,,,:::~:","""'~:-",~;.,,~-,::~:;'~->;',..c~':_~.._ ','_
\e1)~!I!!~!!ble: ~;,:;;::r::'~$!~,OOO""i<;;;2!I.e!:h~.r^,p,~rl.ls ..... J
~'~,,-
Terms & Conditions:
The Insu.rance Carrier indicated in this quotation reserves the right, at its sole discretion, to
amend or withdraw this quotation ifit becomes aware of any new, corrected or updated
information that is believed to bea material change and consequently would change the original
. underwriting decision. .
Locations:
Per schedule on file witbthis Company at San Francisco, CA. dated totaling $1,664,000.
Territory:
USA and its Territories and Possessions
'.'
Total Insurable Value:
$1,664,000
Coinsurance:
Property - N A
Valuation:
Property - Replacement C 0 s t
Policy Forms:
Ace Company Forms with other exclusions as specified in the quote governs.
Cancellation:
30 days except 10 days for non-payment of premium or as required by the state of domicile.
Subject to:
Inspection and Compliance with any recommendations deemed essential by the Com pan y
(
Exclude: Impact Damage from Ships
5 Year .Loss History Documentation: No Losses
(,
Policy Conditions:
Conditions precedentto coverage afforded by this quote are receipt, review and acceptance ofthe
information required. herein within the stated timeframe. Usuch required information is not
received, reviewed and accepted within the stated tiqaeframe, then the insurer has the right to void
the proposed insurance coverage. -
*Subiect to signed and dated application {signed bv the insured! within 30 days of binding.
NOTE: Ifinsu'red is located outside your resident state. we must receive a COpy ofvour non-resident
license prior to binding.
If coverage is elected, please note:
Guaranty Fund Nonparticipation Notice
This insurance contract is with an insurer not licensed to transact insurance in this state and is issued and
delivered as surplus line coverage under the Texas insurance statutes. The Texas Department of Insurance does
not audit the finances or review the solvency of the surplus lines insurer providing this coverage, and the insurer
is not a member of the property and casualty insurance guaranty associatio.n created under Chapter 462, Insurance
Code. Chapter 225, Insurance Code, requires payment ofa 4.85 percent tax on gross premium.
Option to ELECT Terrorism Coverage:
TRIPRA Premium: $1,750.00
Additional Taxes: $85.93
Total including TRIPRA: $28,587.98
L-.
.Commission: .
10%
TERRORISM OPTION OFFER
Peril(s):"Terrorism" as defined by and per terms ofTRIPRA legislation ONLY
Forms: per Issuing Company(ies). Copy of wording available upon request
TRIPRA Premium: $1,750.00
Other: CRC Insurance Services requires you (the retailer) to confirm in writing the specific binding instructions of your
Insured as respects the acceptance or rejection of the terrorism coverage offered by this quotation. In some cases, the Insurance
Carrier may also require that other specific documents be signed by your Insured.
Date:
Signature (retailer):
( ) Acceptance of Terrorism Coverage
( ) Rejection of Terrorism Coverage
Again, keep in mind that the coverages offered in this quotation may differ from that requested in the application. Failure to
provide the requested coverage shall impose no liability on CRC Insurance Services or its companies.
Tbank you for giving us the opportunity to work on your business.
IQ~~l!!!Q!!.-~~nfi!~~_~J!E___.___.__._..~!J~I}J!f!1 D~ii!____~_______________..__.._______-L~~(8!7}lJJ..!.~_~1g.L------------------------------1
I
I Submission #: 3015491
Calhoun County
,
i Agency Response: [] Yes, please bind as quoted, effective:
I (complete and fax back) !
! Signed by: Date: i
I i
:.-...---.------______________._~_,..~___.___~____,___,__._._._____.~.____.__________._._._._...,..._.__.._._.___________________.______.--3
CONFlDENTIAL
II
Mandatory
Exclusions and
Amendments:
Remarks:
Additional
Remarks:
Westchester Specialty Insurance Services, Inc
All policy form exclusions including the following ACE Exclusions (if
applicable): Pollution & Contamination, Asbestos, Electronic DatalCyber Risk,
Mold/Fungus, Nuclear Biological and Chemical and Radiological Exclusions,
Occurrence Limit of Liability Endorsement and Definition of Occurrence
Endorsement.
Attached please find a Disclosure Notice required by the federal Risk Insurance
Act. The premium charge for the terrorism coverage is set forth on the
Disclosure Notice. This forms part of the overall premium stated above for the
Company's participation.
Please be advised that we do not review Certificates of Insurance issued by you,
or by any party, relating to this policy of insurance either for content or
accuracy. Accordingly, we request that you do not provide copies of certificates
to us for review or for our records. Authority is granted to you for the limited
purpose of issuing unmodified ACORD Certificates (ACORD 25-S for
Casualty and ACORD 24, ACORD 27 or ACORD 28 for Property and
Inland Marine) only. It is your responsibility to see that any certificate
provides an accurate representation of the coverage form and endorsements
applicable to this policy at the time the Certificate is issued.
Anv modification of the approved ACORD forms specifically set forth
above, or the issuance of a non-approved Certificate of Insurance ACORD
or other is prohibited. Certificates of Insurance may only be issued as a matter
of information. You have no authority by virtue of a Certificate or otherwise, to
amend, extend or otherwise alter coverage afforded under this policy.
Certificates of Insurance are never recognized as endorsements or policy change
requests. You must submit a separate written request if an endorsement or policy
change (including but not limited to adding additional insureds, loss payees and
mortgagees and/or alteration of notice requirements for cancellation) is
requested. In the event a policy change is requested, the underwriter will advise
if the request is acceptable to the Company.
Expiration Date: II 1120 I 0
/2.-.e' /L ~
Authorize Signature
11
Westchester Specialty Insurance Services, Inc
DISCLOSURE PURSUANT TO TERRORISM RISK
INSURANCE ACT
Named Insured Endorsement Number
Ca~houn County, Texas
POliCy Symbol I PoliCy Number I Policy Period Effective Dale of Endorsement
FS 1/1/2010 to 1/1/2011 1/1/2010
Issued By (Name of Insurance Company)
Westchester Surplus Lines l:nsurance Company
. .
Insert the policy number. The remainder of the Information is to be completed only when this endorsement IS Issued subSequent to the preparatIon of the poliCy.
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
Disclosure Of Premium
In accordance with the federal Terrorism Risk Insurance Act. we are required to provide you with a
notice disclosing the portion of your premium, if any, attributable to coverage for terrorist acts certified
under the Terrorism Risk Insurance Act The portion of your premium attributable to such coverage is
shown in this endorsement or in the policy Declarations.
Disclosure Of Federal Participation In Payment Of Terrorism Losses
The United States Government, Depat1:ment of the Treasury, will pay a share of terrorism losses
insured under the federal program. The federal share equals 85% of that portion of the amount of such
insured losses that exceeds the applicable insurer retention. However, if aggregate insured losses
attributable to terrorist acts certified under the Terrorism Risk Insurance Act exceed $100 billion in a
Program Year (January 1 through December 31), the Treasury shall not make any payment for any
portion of the amount of such losses that exceeds $100 billion.
Cap On Insurer Participation In Payment Of Terrorism Losses
If aggregate insured losses attributable to terrorist acts certified under the Terrorism Risk Insurance Act
exceed $100 billion in a Program Year (January 1 through December 31) and we have met our insurer
deductible under the Terrorism Risk Insurance Act, we shall not be liable for the payment of any portion
of the amount of such losses that exceeds $100 billion, and in such case insured losses up to that
amount are subject to pro rata allocation in accordance with procedures established by the Secretary of
the Treasury.
Terrorism Risk Insurance Act premium: $1,750.
Authorized Agent
TRIA11b (1108)
Includes copyrighted material of Insurance SelVices office, Inc., with its permission
IL 09 52 01 08
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
CAP ON LOSSES FROM CERTIFIED ACTS OF
TERRORISM
This endorsement modifies insurance provided under the following:
BOILER AND MACHINERY COVERAGE PART
COMMERCIAL INLAND MARINE COVERAGE PART
COMMERCIAL PROPERTY COVERAGE PART
CRIME AND FIDELITY COVERAGE PART
EQUIPMENT BREAKDOWN COVERAGE PART
FARM COVERAGE PART
STANDARD PROPERTY POLICY
A. Cap On Certified Terrorism Losses
"Certified act of terrorism" means an act that is
certified by the Secretary of the Treasury, in
concurrence with the Secretary of State and the
Attorney General of the United States. to be an act
of terrorism pursuant to the federal Terrorism Risk
Insurance Act The criteria contained in the
Terrorism Risk Insurance Act for a "certified act of
terrorism" include the following:
1. The act resulted in insured losses in excess of
$5 million in the - aggregate, attributable to all
types of insurance subject to the Terrorism
Risk Insurance Act; and
2. The act is a violent act or an act that is
dangerous to human life, property or
infrastructure and is committed by an individual
or individuals as part of an effort to coerce the
civilian population of the United States or to
influence the policy or affect the conduct of the
United States Government by coercion.
IL. 09 52 01 08
If aggregate insured losses attributable to terrorist
acts certified under the Terrorism Risk Insurance
Act exceed $100 billion in a Program Year
(January 1 through December 31) and we have
met our insurer deductible under the Terrorism
Risk Insurance Act. we shall not be liable for the
payment of any portion of the amount of such
losses that exceeds $100 billion, and in such case
insured losses up to that amount are subject to pro
rata allocation in ac:cordance with procedures
establish~d by the Secretary of the Treasury.
B. Application Of Exclusions
The terms and limitations of any terrorism
exclusion, or the inapplicability or omission of a
terrorism exclusion, do not serve to create
coverage for any loss which would otherwise be
excluded under this Coverage Part or Policy, such
as losses excluded by the Nuclear Hazard
Exclusion or the War And Military Action
Exclusion.
@ ISO Properties. Inc. , 2007
o
Page 1 of 1
Susan Riley
Cc:
Lucy Dio [Iucy.dio@calhouncotx.org]
Wednesday, January 27,20104:06 PM
cindy. m ueller@calhouncotx.org; Kenny. Finster@calhouncotx.org;
mike.pfeifer@calhouncotx.org; neil.fritsch@calhouncotx.org; Roger Galvan;
vern .Iyssy@calhouncotx.org
amanda.guillen@calhouncotx.org; April May-Townsend; Chacha Benavides;
joyce.dorsett@calhouncotx.org; 'Susan Riley'; wendy.marvin@calhouncotx.org
Quote for fire coverage on county piers - Agenda Item #5
Piers-Replacement Costs. pdf; Piers-Quote-Fire coverage. pdf
From:
Sent:
To:
Subject:
Attachments:
Importance:
High
Attached is the final quote from Westchester Surplus Lines Insur. Co. for pier coverage -
$26,752 (ine! tax & fees) annual premium (the option to elect Terrorism coverage has been declined in the past)
limit of liability $1,664,OOO/occurrence
$10,000 deductible
The quote is based on the total Replacement Costs of the piers - $1,664,000. (see attached)
Per Pam Jamison, this premium is as low as they will go. (Westchester's initial quote was for approx. $48,000)
There have been no additional quotes offered as of 1/22/10.
Lucy Dio
First Asst. Auditor
Calhoun County
201 W. Austin St.
Port Lavaca, TX 77979
Phone - 361-553-4612
Fax - 361-553-4614
Email - lucv.dio@calhouncotx.org
1
HEB PHARMACY FOR PRESCRIPTION DRUGS FOR THE CALHOUN COUNTY INDIGENT
PROGRAM FOR THE PERIOD BEGINNING JANUARY 1, 2010 AND ENDING DECEMBER
31, 2010:
A Motion was made by Commissioner Fritsch and seconded by Commissioner Lyssy authorized
Peggy Hall with the County Auditors Office to contact HEB Pharmacy and see if they would honor
their bid without a contract because the bid specification was to act as the contract. If HEB will
not honor the specifications then Peggy is to call the next bidder in line which is The Pharmacy.
Commissioners Galvan, Lyssy, Fritsch, Finster and Judge Pfeifer all voted in favor.
AMENDMENT TO SEADRIFT COKE TAX ABATEMENT AGREEMENT:
A Motion was made by Commissioner Fritsch and seconded by Commissioner Galvan to approve
the Amendment to Seadrift Coke Tax Abatement Agr~ement. Commissioners Galvan, Lyssy,
Fritsch, Finster and Judge Pfeifer all voted in favor.
~v'
RESOLUTION APPROVING
AMENDMENT TO TAX ABATEMENT AGREEMENT
WHEREAS, on March 9, 2006, Seadrift Coke, L.P. (hereafter "Seadrift Coke")
and Calhoun County, Texas ("County") entered into a Tax Abatement Agreement (the
"Agreement"); and
WHEREAS, Seadrift Coke has requested an amendment of the Agreement in
order to revise the projects contemplated by the original application considering changes
in market conditions; and,
WHEREAS, County desires to amend the Agreement;
BE IT RESOLVED:
1. That the Commissioners Court of Calhoun County, Texas hereby finds
that the terms of the Amendment of the Tax Abatement Agreement for Seadrift Coke,
L.P.'s dated March 9, 2006are reasonable based on the factors presented.
2. The Commissioners Court of Calhoun County, Texas finds that there
will be no substantial adverse effect on the provision of the County's services or tax base
based upon this Amendment.
3. The Commissioners Court of Calhoun County, Texas approves Seadrift
Coke, L.P.'s Amendment to Tax Abatement Agreement.
4. Based upon the foregoing findings, the Commissioners Court of
Calhoun County, Texas hereby approves and authorizes the execution of the Amendment
of Tax Abatement Agreement between the Commissioners Court of Calhoun County,
1
.r
Texas and Seadrift Coke, L.P. a copy of which is attached to this Resolution,
incorporated by reference, and made a part hereof for any and all purposes.
PASSED, ADOPTED AND APPROVED, by a vote of 5 for and 0 against
on this the 28th day of January, 2010, but effective as of January 1,2010.
COMMISSIONERS COURT OF
CALHOUN COUNTY, TEXAS
ATTEST:
Anita Fricke, County Clerk
2
'"
AMENDMENT TO SEADRIFT COKE TAX ABATEMENT AGREEMENT
Dated March 9, 2006
1. The Tax Abatement Agreement between the parties dated March 9, 2006 is hereby
amended to approve a substitution of projects as identified in Exhibit "1" to the Tax
Abatement Agreement to those outlined in the attached Exhibit "A". This Amendment
shall be effective for the tax year beginning January 1, 2010. Seadrift Coke may not
contest or modify any taxes paid in previous tax years based on this Amendment.
2. All other terms and conditions remain in full force and effect.
EXECUTED IN MULTIPLE ORIGINALS on the 28th day of January, 2010, to
be effective as of January 1,2010.
COUNTY:
COMMISSIONERS COURT
CALHOUN COUNTY, TEXAS
fltttA.JQ/f7
Michael J. Pfeifer, ounty Judge
ATTEST:
Anita Fricke, County Clerk
It'-''
arvin, Deputy
SEADRlFT COKE, L.P.
By:Seadrift Coke, L.L.C., Its General Partner
By:
Nathan Milikowski,
Member and President
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APPROVE THE LOAN AGREEMENT BETWEEN THE UNTIED STATES COAST GUARD AND
CALHOUN COUNTY FOR THE 3RD ORDER MATAGORDA LIGHTHOUSE LENS ON
PERMANENT LOAN TO THE COUNTY MUSEUM:
A Motion was made by Judge Pfeifer and seconded by Commissioner Fritsch to approve the loan
agreement between the United States Coast Guard and Calhoun County for the 3rd Order
Matagorda Lighthouse Lens on permanent loan to the County Museum. Commissioners Galvan,
Lyssy, Fritsch, Finster and Judge Pfeifer all voted in favor.
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U.S. Department of
Homeland Security
United States
Coast Guard
Loan Agreement
Coast Guard Curatorial Services 7945 Fernham Lane Forestville, MD 207474518
Institution Calhoun Country Museum
NamelTitle George Cormier - Director
Address 301 S. Ann
Port Lavaca TX 77979
Purpose Displav
Location Calhoun County Museum, Port Lavaca, TX
Transport N/A
Date Out
Due Back
Phone
09/21/2009
09/01/2019
361/553-4689
2009.024.001
Lens, Fresnel - 3rd order from Matagorda Lighthouse -- Fair
700000.00
I have read and accept the attached conditions of the loan
ignature
.^r(j~ 'b-.&"l )-ef6~
For the Commandant
q U 9 / (j~
Date e . f
~. ~t r "lL)tO
Date
I Approved and released by
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Loan # 346
Terms of Loan Agreement
The Borrower agrees to the following CONDITIONS OF LOAN:
PROTECTION.
1. The object(s) borrowed shall be given special care at all times to ensure against loss and
damage. The borrower agrees to meet the special requirements for installation and handling as
noted on the face of this agreement form.' Furthermore, the U. S. Coast Guard (hereinafter
"Coast Guard") may require an inspection and approval of the actual installation by a member of
its staff as a condition of the loan. Upon receipt and prior to return of the object(s), the borrower
must make a written record of condition. The Coast Guard is to be notified immediately, followed
by a full written report, including photographs, if damage or loss is discovered. No object may be I
altered, repaired, or subjected to more than routine cleaning without the written permission of the
Coast Guard. Object(s) must be maintained in a building equipped to protect objects from fire,
smoke, or flood damage; and protected from extreme temperatures and humidity, excessive light,
and from insects, vermin, dirt, or other environmental hazards. Object(s) must be handled only by
experienced personnel and be secured from damage and theft. The Coast Guard reserves the
right to inspect any loaned object with 24 hours advance notice.
INSURANCE.
2. Object(s) shall be insured during the period of this loan for the value stated on the face of this
agreement under an all-risk, wall-to-wall policy subject to the following standard exclusions:
gradual deterioration or inherent vice; hostile or warlike action, insurrection, rebellion, etc.; nuclear .
reaction, nuclear radiation, or radioactive contamination.
3. In the event of loss or damage, the Borrower's maximum liability will be based upon the agreed
value as herein stated. Insurance values may be reviewed periodically, and the Coast Guard
reserves the right to require an increase in coverage.
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4. The Borrower hereby warrants that the required coverages described above will be secured
and maintained and that the Coast Guard will be named as an additional insured. The Coast
Guard requests documentary evidence of coverage such as a copy of the policy or a "Certificate
of Insurance." If the Borrower fails to secure and maintain said insurance, the Borrower will,
nevertheless, be required to respond financially in case of loss or damage as if said insurance
were in effect.
5. In limited cases, the Coast Guard may waive insurance, but in these instances it is understood
and agreed that the Borrower will indemnify the Coast Guard for any and all loss or damage to the
object(s) occurring during the period of the loan, as if it were insured as stated above.
PACKING AND TRANSPORTATION.
6. Packing and transportation shall be by safe methods approved in advance by the Coast
Guard. Unpacking and repacking must be done by experienced personnel.
Coast Guard field units are responsible for packing and shipping artifact in their care and should
contact Curatoriai Services for information regarding proper packing and shipping practices.
CREDIT AND REPRODUCTION.
7. Each object shall be identified as property of the U.S. Coast Guard. Unless otherwise agreed
to in writing, no reproductions are permitted by the Borrower except photograph copies for catalog
and publicity uses related to the stated purpose of this loan.
Loan # 346 to Calhoun Country Museum Return by 09/01/2019
COSTS
>.
COSTS
8. Unless otherwise noted, packing, transportation, customs, insurance, and other loan
related costs of shipping to and from the Borrower shall be borne by the Borrower.
RETURN/EXTENSION/CANCELLATION.
9. Object(s) must be returned to the Coast Guard in satisfactory condition by the stated
termination date. Any extension of the loan period must be approved in writing by the Lending
Office and must be covered by a parallel extension of insurance. The Coast Guard reserves the
right to recall the object from loan on short notice, if necessary. The Coast Guard reserves the
right to cancel this loan at any time for good cause, including but not limited to: violation of this
loan agreement and any additional conditions set forth in writing by the Coast Guard, threat of
abuse, theft, or damage to loaned items, organizational practices not in accordance with the
accepted standards and ethics set forth by the American Association of Museums, etc... The
Coast Guard will make every effort to give reasonable notice of termination of the loan.
LOANS TO OTHER ORGANIZATIONS.
10. Borrower is not authorized to loan the object(s) listed on the face of this agreement to other i
organizations without the written approval of the initiating Coast Guard office. Doing so may resul1 :
in the recall ofthe object(s) and termination of this loan.
GOVERNING AGREEMENT.
11. In the event of conflict between this agreement and any forms of the Borrower, the terms of
this agreement shall be controlling.
I have read and agree to the above Conditions and certify I am authorized to agree thereto.
NAME: 0eo12je fJ, &'('m~ter.
(Print) ,
TITLE: ,b, t"'Pf_hs"'("""
DATE '1/20//)1
APPROVED FOR THE U. S. COAST GUARD:
NAME: A r" I J i.-'\ '"DC( t\; e(~
TITLE: ~V'
SIGNATURE: ~ J:x1..MJd~
(For the Commandant)
DATE: q(1-db1
If you have any questions contact Arlyn Danielson at 301-763-4008. Please mail a signed copy 0 ,
this form to: U.S. Coast Guard Exhibit Center, 7945 Fernham Lane, Forestville, MD 20747-4518 :
Loan # 346 to Calhoun Country Museum Return by 09/01/2019
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DETERMINE IF ARBITRAGE CALCULATIONS SHOULD BE PERFORMED ON THE
COUNTY'S DEBT SERVICE FUND AND AUTHORIZE COUNTY JUDGE TO COMPLETE AND
SIGN FIRST SOUTHWEST'S ARBITRAGE R'EBATECALCULATIONS DEBT SERVICES
FUND FOLLOW-UP FORM:
A Motion was made by Commissioner Galvan and seconded by Commissioner Fritsch to approve
that Arbitrage Calculations should be performed on the County's Debt Service Fund and authorize
Judge Pfeifer to complete and sign First Southwest's Arbitrage Rebate Calculations Debt Services
Fund follow-up form. Commissioners Galvan, Lyssy, Fritsch, Finster and Judge Pfeifer all voted in
favor.
FirstSouthwest~.
A P1alnsCapital Company_ Arbitrage Rebate Calculations
Debt Service Fund Follow-up Form
FYE 2009
Fax to: Bill Johnson
(214) 840-5040
The Treasury Regulations require that your Debt Service Fund(s) be analyzed annually to determine if it is subject to
rebate. Since tltis account is a sinking fund with a direct nexus to tlte bond issue (i.e., tlte payment of principal and
interest on tlte bonds), it may be subject to rebate in a given year, even tltough it's primarily funded from either
taxes or revenues (depending on the type of bonds issued).
A provision in the regulations allows this fund to be exempt from rebate in each year in which the fund is a "bona fide
debt service fund." In order to be bona fide and exempt from rebate, tltefund balance must deplete at least once
each year to wltat tlte regulations define as a "reasonable carryover amount," asfollows:
Reasonable Carryover Amount = GREATER OF:
l/1ih P&I Paid from Fund for the Prior Year (OR) Prior Year Interest Earnings on the Fund
If at any point during the year the fund balance depletes to AT OR BELOW the reasonable carryover amount, the fund
meets the depletion requirement.
Certain bond issues also have to meet an additional income requirement in order to meet tlte definition of a "bona
fide debt service fund. " These include private activity bonds (issued on a Form 8038), variable rate issues, and fixed
rate governmental bonds with a weighted average maturity offive years or less (see line 21(d) on Form 8038-G).
D
We DO NOT want debt service fund calculations performed for the fiscal year referenced above. The
debt service fund depleted at least once during the year, except for the reasonable carryover amount defined
above, and we do not have any bond issues listed above that are subject to the income requirement.
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We DO want to have debt service fund calculations performed along with the arbitrage rebate reports and
recognize that an additional fee will be charged. '
If you have any questions or would like additional information, please do not hesitate to contact Bill Johnson at (800)
678-3792, directly at 214-953-8817, or by electronic mail at l1johnson@firstsw.com.
Please return a signed copy of this letter via mail or fax to: (214) 840-504<L_ Thank you for your help and the
opportunity to be of service. .
signalfwk~ 9/Jf+
01-28-2010
Date
Michael J. Pfeifer
Printed Name
Calhoun County Judge
Title
Calhoun County
Name of Issuer
direct 214,953.4000 toll free 800.678.3792
325 North St. Paul Street, Suite 800, Dallas, Texas 75201-3852
www.FirstSW.com
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40049-1
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ADDENDUM TO COUNTY EMPLOYEE'S DEFERRED COMPENSATION ACCOUNTS WITH
NATIONWIDE AND AUTHORIZE COUNTY JUDGE TO SIGN:
A Motion was made by Commissioner Galvan and seconded by Commissioner Fritsch to approve
the Addendum to County Employee's Deferred Compensation Accounts with Nationwide and
authorize Judge Pfeifer to sign. Commissioners'Galvan, Lyssy, Fritsch, Finster and Judge Pfeifer
all voted in favor.
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NATIONAL ASSOCIATION OF COUNTIES
DEFERRED COMPENSATION PROGRAM
THE DEFERRED COMPENSATION PLAN FOR PUBLIC EMPLOYEES
LOANS TO P ARTICIP ANTS AMENDMENT TO PLAN DOCUMENT
WHEREAS, PLAN SPONSOR executed the above referenced Plan Document, as
amended: and
WHEREAS, effective 01-28-2010 , PLAN SPONSOR now desires to further amend
the plan document.
The following Section 8.06 is hereby added:
8.06 Loans to PARTICIPANTS
(a) PLAN SPONSOR has elected to make loans available to PARTICIPANTS
and has delegated certain administrative duties regarding loans from the
PLAN to the ADMINISTRATOR.
(b) Any loan by the PLAN to a PARTICIPANT under this Section shall be
subject to the loan administrative procedures established by the
ADMINISTRATOR as well as the following requirements:
(i) Loan Eligibility. Any PARTICIPANT may apply for loan under the
PLAN. A PARTICIPANT who has defaulted on a previous loan from
the PLAN shall not be eligible for another loan from the PLAN until all
defaulted loans are repaid in full, including accrued interest and fees.
(n) Loan Application and Loan Agreement. A PARTICIPANT must
complete and return to ADMINISTRATOR a loan application. A non-
refundable application fee established by ADMINISTRATOR will be
deducted from the PARTICIPANT'S ACCOUNT(s) at the time of loan
origination. Before a loan is issued, the PARTICIPANT must enter into
a legally enforceable loan agreement as provided for by the
ADMINIST A TOR.
em) Loan Repayment. The PARTICIPANT receiving a loan shall be required
to furnish to ADMINISTRATOR any information and authorization
necessary to effectuate repayment of the loan prior to the
commencement of a IOl:l.n. In the event that a payment cannot be
processed because of lack of sufficient funds, the ADMINISTRATOR
shall assess an insufficient funds charge, which will be deducted from
the PARTICIPANT'S ACCOUNT(s).
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OC-3980-1102
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(iv) Loan Term and Interest Rate. The maximum term over which a loan
may be repaid is five (5) years (fifteen (15) years if the PLAN
SPONSOR permits loans for the purchase of a PARTICIPANT'S
principal residence). Each loan shall be amortized in substantially equal
payments consisting of principal and interest during the term of the loan,
except that the amount of the final payment may be higher or lower. The
ADMINISTRA TOR shall establish the interest rate for any loan.
(v) Loan Frequency. Each Participant may have only one (1) PLAN loan
outstanding at any given time. A PLAN loan which is in default, even if
the defaulted loan was treated as a "deemed distribution" under federal
regulations, shall be treated as an outstanding loan until such
PARTICIPANT'S account balance is offset by the amount of principal
and accrued interest under the loan. A PARTICIPANT will be granted a
loan no more frequently than two (2) times in any twelve (12) month
period.
(vi) Default. The PARTICIPANT must pay the full amount of each loan
payment (principal and interest) on the date that it is due. Failure to
make such a payment by the due date, or within any cure period
established by the ADMINISTRATOR. shall cause the PARTICIPANT
to be in default for the entire amount of the loan, including any accrued
interest. A loan will also be in default if the PARTICIPANT either
refuses to execute, revoke, or rescind any agreement necessary to
comply with the provisions of this Section or the loan administrative
procedures established by the ADMINISTRATOR. commences or has
commenced against PARTICIPANT a bankruptcy case, or upon the
death of the PARTICIPANT.
(viI) Loan Security. By accepting a loan, the PARTICIPANT is giving a
security interest in their vested PLAN balance as of the loan process
date, together with all additions thereof, to the PLAN that shall at all
times be equal to 100% of the unpaid principal balance of the loan
together with accrued interest.
(viiI) Loan Amount. The maximum amount of any loan permitted under the
PLAN is the lesser of (i) 50% of the PARTICIPANT'S vested account
balance less any outstanding loan balances under the PLAN or (ii)
$50,000 less the highest outstanding loan balance during the preceding
one-year period. The ADMINISTRATOR shall establish the minimum
loan amount. The PARTICIPANT and not the ADMINISTRATOR shall
at all times remain responsible for ensuring that any loan received under
the PLAN is in accordance with these limits with regard to any other
loans received by the PARTICIPANT under any other plans of the
PARTICIPANT's employer.
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DC-3980-1102
/
(ix) Loan Maintenance Fee. Until a loan is repaid in full, an annual loan
maintenance fee as established by ADMINISTRATOR will be deducted
from the PARTICIPANrS ACCOUNT(s).
(x) Loan Default Fee. At the time when a default occurs, a loan default fee
established by ADMINlSTA TOR will be deducted from the
PARTICIPANT'S ACCOUNT(s).
(c) The ADMINISTRATOR shall fix such other terms and conditions necessary
to the administrative maintenance of the provisions of this Section and as
necessary to comply with the IRC and regulations there under.
IN WITNESS WHEREOF, the undersigned has executed this Amendment this 28
day of January , 20 ~
Calhoun County
(Name of PLAN SPONSOR)
~!) tl4:
By: Calhoun Cou y Judge
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DC-3980-1102
REVIEW AND ADOPT THE CALHOUN COUNTY INVESTMENT POLICY IN ACCORDANCE
WITH CHAPTER 2256, TEXAS GOVERNMENT CODE, THE PUBLIC FUNDS INVESTMENT
ACT AND SECTION 116.112 OF THE LOCAL GOVERNMENT CODE FOR 2010 AND
REAPPOINT RHONDA KOKENA, COUNTY TREASURER AS THE COUNTY INVESTMENT
OFFICER:
A Motion was made by Commissioner Fritsch and seconded by Commissioner Lyssy to Adopt the
Calhoun County Investment Policy in accordance with Chapter 2256, Texas Government Code,
the Public Funds Investment Act and Section 116.112 of the Local Government Code for 2010
and reappoint Rhonda Kokena, County Treasurer as the County Investment Officer.
Commissioners Galvan, Lyssy, Fritsch, Finster and Judge Pfeifer all voted in favor.
'CALHOUN !COU NTY
INVESTMENT POLICY
Reviewed & Adopted
Commissioner's Court
January 13, 2005
Reviewed & Accepted
Commissioner's Court
May 11,2006
Reviewed & Accepted
Commissioner's Court
March 22, 2007
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Reviewed & Accepted
Commissioner's Court
February 28, 2008
Reviewed & Accepted
Commissioner's Court
April 9, 2009
Reviewed & Accepted
Commissioner's Court
January 28, 2010
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INVESTM'ENT ,POLICY
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TABLE OF CONTENTS
Page
. L PUR POS E. . . . . . . . .'. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
H. INVESTMENT STRATEGy........................ 2
Ill. INVESTMENT OBJECTIVES..................... 2
IV. INVESTMENT TyPES................. ............. 4
V. INVESTMENT PROTECTION & .
R ESPONSI BI L1TY. . ...... ................. .... . ..... 6
Investment Institutions D~fined
Qualifications For Approy.al of Brokers/Dealers
Delivery vs. Payment !'
Audit Control
Standard of Care
Quarterly Reporting
January 18, 2010
CALHOUJN COUNTY
INVESTMENT POCICY
l. PURPOSE
FORMAL ADOPTION: This Investment Policy is authorized by the
II
Calhoun County Commissioners' Court in accordance with Chapter
2256, Texas Government Code, the Public Funds Investment act, and
Section 116.112, Local Government Code. A copy of the Public
Funds Investment Act is attached hereto and incorporated by
reference.
SCOPE: This Investment Policy applies to all the investment activities
of the County. This Policy establishes guidelines for: 1} who can
invest County funds; 2} how County funds will be invested; and 3}
when and how a periodic review of investments will be made.
FUNDS: This Investment Policy:'applies to all financial assets of all funds
of the County of Calhoun, Texas at the present time and any funds to
be created in the future and, any oth,er funds held in custody by the,
County Treasurer, unless exp~essly prohibited by law or unless it is in
contravention of any depository contract between Calhoun County
and any depository bank.
COUNTY'S INVESTMENT OFFICER: In accordance with Section
116.112(o}, Local Government Code and/or Chapter 2256, Sec.
2256.005(f} and (g), the Calhoun County Commissioner's Court, may
invest County funds that are not immediately required to pay
obligations of the County. If the investment officer has a personal
business relationship with an' entity, or is related within the second
degree by affinity or consanguinity to an individual, seeking to sell an
investment to the County, the investment officer must file a
statement disclosing that p~rsonal business' interest or relationship
with the Texas Ethics Commission and the Calhoun County
Commissioner's Court in accordance with Government Code
2256.005(i}. In order to dlllow the maximum flexibility for the
investment of Calhoun County funds, the Calhoun County
Commissioner's Court extends the County Treasurer full authority for
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the investment of Calhoun County funds between meetings of the
Commissioner's Court official approval of which shall be made by
said Court at the next official meeting of the Commissioner's Court.
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It INVESTM.ENT STRATEGY
In accordance with the Public Funds Investment Act Section
2256.005(e), investment strategies will be reviewed and adopted by
resolution not less than annually.
III. INVESTMENT OBJECTIVES
Funds of the County will be invested in accordance with federal and
state laws and this investment policy. Calhoun County will invest,
2
according to investment strategies for each fund as adopted by
Commissioner's Court resolution in accordance with Section
2256.005 (d) .
SAFETY & LIQUIDITY: Safety of principal is a primary objective in any
investment transaction of Calhoun County. All investments must be
done in a prudent manner p(oviding liquidity necessary to meet the
County's cash needs.
DIVERSIFICATION~ It will be the policy of Calhoun County to diversify
its portfolio to eliminate the risk of loss resulting from over
concentration of assets in a specific maturity, a specific issuer or a
specific class of investments. Investments selected of the County
shall always provide for stability of in corne and reasonable liquidity.
YIELD: The objective of the Cbuntywill be to earn the maximum rate
of return allowed on its investments within the policies imposed by its
safety and liquidity objectives, investment strategies for each fund,
and state and federallawgoyerning investment of public funds.
MATURITY: Portfolio maturities will be structured to meet the
obligations of the County first' and then t.o achieve the highest return
of interest. When the County has funds what will not be needed to
meet current-year obligations, maturity restraints will be imposed
based upon the investment strategy for each fund. The maximum
allowable stated maturity of any individual investment owned by the
County is one (1) year.
INVESTMENT TRAINING: Cal,noun County shall provide training as
required by the Public Funds Investment Act, Section 2256.008 and
periodic training in investments for the County Investment Officer
through courses and seminars offered by professional organizations
and associations in order to "insure the quality and capability of the
investment officer.
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VI. INVESTMENT TYPES
Investments described below are authorized Public Funds Investment
Act as eligible securities for the County. County funds governed by
this Policy may be vested in:
1) Obligations of the United States or its agencies and
instrumentalities. Section 2256.009 (a) (1), Gov.Code.
2) Direct obligations of the State of Texas, or its agencies and
instrumentalities. Section 2256.009 (a)(2), Gov.Code.
'3) Other obligations, the principal and interest on which are
unconditionally guaranteed or insured by, or backed by the full faith
and credit of, the State of Texas or the United States or their
respective agencies and ihstrumentalities. Section 2256(a)(4),
Gov.Code.
4) Obligations of states, agencies, counties, cities, and other political
subdivisions of any state havirng been rated as to investment equality
by a nationally recognized investment rating firm and having
received a rating of not less than "A" or it equivalent. Section
. 2256.010 (1-3),Gov.Code.
5) Certificates of Deposit issued by state and national banks and
savings & loan associations domiciled in Texas that are: Section
2256.010(1-3), Gov.Code.
a) guaranteed or insured by the Federal Deposit insurance
Corporation or its successor; .,
b) secured in any other manner and amount provided by law for
deposits of the county.
c) governed by a Depository Agreement.
6) A fully collateralized repurchase agreement, as defined In the
Public Funds Investment Act, if it:
a) has defined termination date;
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b) is secured by obligationsdescribed by Section 2256.009 (a)(l) of
the Public Funds Investment Act; and '
'c) requires the securities bying purchased by the county to be
pledged to the county, held in the county's name, and deposited at
the time the investment is made with the county or with a third party
selected and approved by the county; and
d) is placed through a prir\,ary government securities dealer, as
defined by the Federal Reserve, or a financial institution doing
business in this state.
7) Eligible investment pools (as discussed in the Public Funds
Investment Act, Section 2256.016-2256.019) if the Commissioner's'
Court by resolution authorizes investment in the particular pool. An
investment pool shall invest the funds it receives form entities in
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authorized investments permitted by the Public Funds Investment Act.
A county by contract may delegate to an investment pool the
authority to hold legal title as custodian of investments purchased
with its local funds.
8) Negotiable Order of Withdrawal (NOW) Accounts and Money
Market Accounts.
The County expressly prohibits any direct investment in asset or
mortgage backed securities.. The County expressly prohibits the
acceptance for collateraliz~d deposits, interest-only and principal
only mortgage backed se.turities and collateralized mortgage
obligations with stated final maturities in excess of ten years or with
coupon rates that float inversely to market index movements.
The County expressly allows money market mutual funds and eligible
investment pools, authorized by the Commissioner's Court, to invest
to the full extent permissible within the Public Funds Investment Act.
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v. ,INVESTMENT PROTECTION AND RESPONSIBILITY
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The County shall seek to cont;rbl the risk of loss due to the failure of a
security issuer or grantor. Such risk shall be controlled by investing
only in the safest types of securities as defined in the Policy; by
collateralization as required by law; and through portfolio
diversification by maturity and type. Section 2256.005(b))(2-3),
Gov.Code.
The purchase of individual securities shall be executed "delivery vs.
payment" through the County's safekeeping agent. By so doing,
county funds are not released until the County has received, through
Safekeeping Agent, the securities purchased. Section
2256.005(b) (4) (E), Gov. Code.!
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Diversification by investment t~pe shall be maintained by ensuring an
active and efficient secondqry market in portfolio investments and
by controlling the market and opportunity risks associated with
specific investment types. It is the County's policy to diversify its
portfolio to eliminate the risk of loss resulting from the concentration
of assets in a specific maturity (except zero duration funds), a specific
issuer, or a specific class of investments. County investments shall
,always be selected to proven stability of income and reasonable
liquidity. Section 2256.005(d) (5), Gov.Code.
Diversification by investmertmaturity shall not exceed the
anticipated .cash flow requirements of the funds, in order to minimize
risk of loss to interest rate fluctuations.
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Liquidity shall be achieved by anticipating cash flow requirement of
the, County consistent with .the objectives of this Policy, through
scheduled maturity of investments. A security may be liquidated to
meet unanticipated cash requirements, to re-deploy cash into other
investments expected to outperform current holdings, or otherwise to
adjust the portfolio.
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INVESTMENT INSTITUTIONS DEFINED
The Calhoun County Investment Officer shall invest County funds
with any and all of the following institutions or groups consistent with
federal and state law andtme current Depository Bank contract:
l} Depository bank;
2} Other state or national banks domiciled in Texas that are insured
by FDIC;
3} Public funds investment pools which are rated no lower than AAA
or AAA-m or an equivalent rating by at least one nationally
recognized rating service.
4} Government securities brokers and dealers.
QUALIFICATIONS FOR APPRdV AL OF BROKERS/DEALERS
In accordance with 2256.005(k}, a written copy of this investment
policy shall be presented to pny person seeking to sell to the county
an authorized investment. The registered principal of the business
organization seeking to sell an authorized investment shall execute a
written instrument substantially to the effect that the registered
principal has: i:
a} rec~ived and thoroughly reviewed the investment policy
of the county; and
b} acknowledged that the organization has implemented
reasonable procedures and controls in an effort to preclude
imprudent investment activities arising out of investment transactions
conducted between the county and the organization.
The investment officer may not buy any securities from a person who
has not delivered to the county an instrument in substantially the
form provided above according to Section 2256.005( 1 }.
DELIVERY VS. PAYMENT
It will be the policy of the County that all Treasury Bills, Notes and
Bonds and Government Agencies' securities shall be purchased
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using the "Delivery vs. Payment" (DVP) method through the Federal
Reserve System. By so doing, County funds are not-released until the
County as received, through the Federal Reserve wire, the securities
purchased.
AUDIT CONTROL
The Investment Officer is subject to audit by the Calhoun County
Auditor. In addition, the Calhoun County Commissioner's Court, at a
minimum, will have an annual financial audit of all County funds by
an independent auditing firm, as well asan annual compliance
audit of the management controls on investments and adherence
to the entity's established investment policies in accordance with
Government Code 2256.005(m}.
STANDARD OF CARE
In accordance with Government Code 2256.006, investments shall
be made with judgment and care, under prevailing circumstances,
that a person of prudence, discretion, and intelligence would
exercise in the management of the person's affairs, not for
speculation, but for investmeht, considering the probable safety of
capital and probable income to be derived. Investment of funds
shall be governed by the following investment objectives, in order of
priority:
1} Preservation and safety of principal;
2} Liquidity; and
3} Yield.
In determining whether an investment officer has exercised
prudence with respect to any investment decision, the
determination shall be made taking into consideration:
1} the investment of all funds, or funds under the county's control,
over which the officer had responsibility rather than a
consideration as to the prudence of a single investment; and
2} whether the investment decision was consistent with the
written investment policy of the county.
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QUARTERLY REPORTING
In accordance with Government Code 2256.023, not less than
quarterly, the investment of.ficer shall prepare and submit to the
Commissioners Court a written report of investment transactions for
all funds for the preceding reporting period.
Itshall be the duty of the County Investment Officer to notify the
Commissioners Court of any significant changes in current
investment methods and procedures prior to their implementation,
regardless of whether they are authorized by this pOlicy or not.
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APPROVE CHANGE ORDER NO. TWO ON THE NEW EMS STATION IN THE AMOUNT OF
$3,000 AND AUTHORIZE JUDGE TO SIGN:
A Motion was made by Commissioner Fritsch and seconded by Commissioner Galvan to approve
the Change Order No.2 on the new EMS Station in the amount of $3,000 and authorize Judge
Pfeifer to sign. Commissioners Galvan, Lyssy, Fritsch, Finster and Judge Pfeifer all voted in favor.
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December 24, 2009
Calhoun County Judge
Michael 1. Pfeifer
211 S. Ann
Port Lavaca, TX 77979
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RE: Change order #2
Dear Judge, . ::0.;. <,
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} hav~ ~ep"! _fJ:~~e ~L'!eI.!lUmb~r two to R~xso.!o ~xecut~ ~d
. requested they deliver the three copies to your office for your
signature. Upon your execution ofthe charge order please keep one
copy for your file, send one back to Rexco~ and one back to our office.
,
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MORGAN
SPEAR
ASSOCIATES
INC.
ARCHITECTS
PLANNERS
225
S. CARANCAHUA
CORPUS '
CHRISTI,
TEXAS
18401
PHONE
361-883-5588
FAX 361-883-9204
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This change order is for different areas on the site where Henry Barber wanted to add
additional concrete as shown on the enc10sbd sketch. If you have any question on any of
the items please give me a call. :1
Sincerely Yours,
MORGAN SPEAR ASSOCIATES, INC.
~fJ~F
Morgan Spear, President
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'CHANGE
ORDER
,'!
OWNER ~
ARCHITECT
CONTRACTOR
FIELD
OTHER
PROJECT: Calhoun County EMS Facility
Port Lavaca, Texas
211 S~ Ann St
Port Lavaca, Texas n979
TO CONTRACTOR:
Rexco, Inc.
1104 Mildred Drive
Port Lavaca, TX 77979
CHANGE ORDER NUMBER:
DATE:
ARCHITECH'S PROJECT NUMBER:
CONTRACT DATE:
CONTRACT FOR:
Two
December 23, 2009
80424
12-Mar-09
Calhoun County EMS Facility
1 Provide all work as shown on attached site plan - - - . - - - - - - - - - - - - - - - - -Add
1
$3.000.00
A. Add concrete flat work as shown
B. Add addition to concrete drive
C. Relocate electrical pedestal
D. Move parking area to the edge of building and sidewalk at rear
Not valid until signed by the owner, architect and Contractor.
The original (Contract Sum) was:
Net change by previously authorized Change Orders:
The original (Contract Sum) prior to this Change Order was:
The (Contract Sum) will be (increased) by this Change Order in the amount of:
The new (Contract Sum) including this Change Order will be:
$789,966.00
$32,641.00
$822,607.00
$3,000.00
$825,607.00
The date of Substantial Completion as of the date of this Change Order therefore is:
January 22, 2010
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Morgan Spear Associates, Inc.
Architect
Rexco, Inc.
Contractor
Calhoun County
Owner
225 S. Carancahua Street
Address
1104 Mildred Drive
Address
211 S. Ann St.
Address
Corpus Christi, Tx 78401 Port Lavaca, TX 77979
liJ;.~fJ4 ~== ~
.8Y: rgan .ar, Pr 7nt BY: Dennis Redding,Chief Financial Officer
(1.~~ 4.c Cf '. _\- \ 4~\O
Date Date
Port Lavaca, TX 77979
(fIA ckJ9J~;i
BY: Michael J. Pfe. er, -e! ty fudge
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Date
/j
MORGAN SPEAR ASSOC
'""!""l:;:a~'IlO'!'''' 'i"!'?"'::'~:'" ~.
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TEXAS TASK FORCE ON INDIGENT DEFENSE DISCRETIONARY GRANT REQUEST FOR
APPLICATION (RFA) FOR FY2011:
A Motion was made by Commissioner Galvan and seconded by Commissioner Lyssy to approve
the Texas Task Force on Indigent Defense Discretionary Grant Request for Application (RFA) for
FY2011. Commissioners Galvan, Lyssy, Fritsch, Finster and Judge Pfeifer all voted in favor.
CHAIR:
THE HONORABLE SHARON KELLER
Presiding Judge, Court of Criminal Appeals
TEXAS TASK FORCE ON INDIGENT DEFENSE
205 West 14th Street, Suite 700 Tom C. Clark Building (512)936-6994
P.O. Box 12066, Austin, Texas 78711-2066
WWW.courts.state.tx.us!ocaltfi d
DIRECTOR:
MR. JAMES D, BETHKE
VICE CHAIR
THE HONORABLE OLEN UNDERWOOD
December 18, 2009
,
The Honorable Michael Pfeifer
Calhoun County Judge
211 S. Ann St, 3rd Floor
Port Lavaca, TX 77979
Re: Discretionary Grant Request for Applications (RF A) for FY2011
Dear Judge Pfeifer:
The Task Force on Indigent Defense (Task Force) announces the availability of funds for
demonstration and pilot projects to improve indigent defense services in your county or region.
The Task Force is pleased to provide Calhoun County with an opportunity to compete for these
additional funds.
This program is competitive and would be in addition to any formula grant your county may be
eligible to receive. The enclosed Request for Applications (RF A) will provide information on
what is needed to apply for these funds. This FY2011 RFA packet is being sent to all 254
constitutional county judges. '
The administrative rules adopted by the Task Force in Texas Administrative Code, Title 1,
Chapter 173 and the attached RFA are available at the Texas Judiciary Online at:
http://www.courts.state.tx.us/oca/tfid. The administrative rules and the RFA establish the
guidelines for the administration of grant funds and application submission process for FY2011.
Please call Bryan Wilson, Grants Administrator at the Task Force office, toll free in Texas at
(866) 499-0656, if you have any questions abou~ the application process.
Sincerely,
Sharon Keller
Chair, Task Force on Indigent Defense
Presiding Judge, Court of Criminal Appeals
TEXAS TASK FORCE ON INDIGENT DEFENSE
205 West 14th Street, Suite 700 Tom C. Clark Building (512)936-6994
P.O. Box 12066, Austin, Texas 78711-2066
www.courts.state.tx.us/oca/tfid
CHAIR:
THE HONORABLE SHARON KELLER
Presiding Judge, Court of Criminal Appeals
DIRECTOR
MR. JAMES D, BETHKE
VICE CHAIR:
THE HONORABLE OLEN UNDERWOOD
December 21, 2009
Training Opportunity Notice
For the FY2011 Discretionary Grant Application Process
The Task Force has scheduled a training event for courts and counties to learn more about the
Task Force Discretionary Grant Programs. The event is hosted by the Texas Association of
Counties.
What: The training is presented by Task Force Grant Administrator and Specialists to assist
counties with successful applications to imprbve their local indigent defense systems. It will
include information about how to design a program, how to obtain community stakeholder
collaboration, and how to complete the on-line application. Presenters will include Task Force
staff and county officials. The training will cover other eligibility requirements and additional
program development topics.
When: 1:30 to 3:30 PM on Wednesday, January 20, 2010. Task Force staff will schedule
meetings after the training upon request for counties wanting specific discussions about their
ideas or programs.
Where: The Texas Association of Counties, Event Center, 4th floor, 1210 San Antonio Street,
Austin.
Who: Judges, court administrators, county grant writers, indigent defense coordinators, public
defenders, or other county stakeholders desiring to promote improved indigent defense strategies
in the their county or region.
How: Please contact Terri Tuttle at the Task Force for more information at 866-499-0656 and
RSVP by January 13, 2010. Attendees are responsible for their own travel arrangements and
costs.
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TEXAS TASK FORCE ON INDIGENT DEFENSE
205 West 14tb Street, Suite 700 Tom C. Clark Building (512)936-6994,
P.O. Box 12066, Austin, Texas 78711-2066, 512-475-3450 Fax
.,
w\.\-w .courts.state. tx. us/oca/tfid
FY2011 Discretionary Grant Program
Requests for Applications (RF A)
December 18, 2009
Grant Fund Categories
New Single-Year Discretionary Grants - Fiscal Year 2011
Minimum: $5,000 per application.
These are competitive grants. The single-year discretionary grant pays up to 100% of an awarded
activity on a reimbursement basis.
New Multi-Year Discretionary Grant~ - Fiscal Year 2011
Minimum: $50,000 per application.
These are competitive grants that require a cash match as described below and are intended to last
for up to four years. A county wiD be required under this grant to re-apply for continued funding
each grant year. The multi-year discretionary grant fund will pay up to a rate of 80% of total
project costs for the first year; 60% for the second year; 40% for the third year; and 20% for the
fourth year. Awarded activities arefunded on a reimbursement basis.
The only programs that will be considered for multi-year grants are:
· Programs that provide direct services to indigent defendants.
· Establishment of public defender offices.
· Establishment of regional public defender offices.
· Programs that provide mental health defender services.
· Programs that provide juvenile defender services.
Continued Multi-Year Discretionary ~rants - Fiscal Year 2011 -- amount based on
estimated schedule of commitments from a~ards in FY2008, FY2009 and FY 2010. Counties
that have received an FY2008 through FY2010 continued multi-year grant must submit an
automatic applicationfor continuedfunding based on the agreedfunding schedule.
Eligibility
Only Texas counties may apply. See further eligibility below.
Due Dates for Submission Process (Two Tier Process)
Tier One- Counties must complete Intent to Submit Applications (ISA) on-line by 5:00 PM on
February 26, 2010. The -ISA is an abbreviated application described later in this document.
Tier two - After a review by the grant administrator, a county may be invited to submit a full
application. The full application is due by 5:00 PM on April 30, 2010. Late submissions will not be
accepted.
Method of Application
On-line submission at http://tfid.tamu.edu
Period for Funding and Program Operation
Grants are awarded for one-year periods from October I to September 30. The Task Force will
consider funding multi-year projects for up to four years, with the four-year funding commitment
period beginning when project expenditures begin. Thus, project funding for multi-year projects
may extend longer than four years from the begInning of the first grant period. Multi-year grantees
must re-apply for continued funding for the years after the first grant period. and continued funding
is subject to Task Force review of the required performance measures and available funding. Failure
to begin operating the program by the grant application review period constitutes a failure to meet
performance measures.
Legislative Purpose
The Task Force on Indigent Defense was established by the 77lh Legislature to: I) provide technical
support to assist counties in improving their indigent defense systems; 2) direct the comptroller to
distribute funds, including grants, to counties to provide indigent defense services in the county; 3)
monitor each county that receives a grant and enforce compliance by the county with the conditions
of the grant; 4) develop policies and standards for providing legal representation and other defense
services to indigent defendants at trial, on appeal, and in post-conviction proceedings; and 5)
develop a plan that establishes statewide requirements for counties relating to reporting indigent
defense information.
The 78th Legislature added additional funding but required that these new funds be dedicated:
"for demonstration or pilot projects that develop and promote best practices for the
efficient delivery of quality representation to indigent defendants in criminal cases at
trial, on appeal, and in postconviction proceedings. "
To fulfill its legislative mandates the TaskForce is requesting that counties submit ISAs for
consideration to obtain grant funding to improve their indigent defense systems. ISAs for new
discretionary grant funding will be reviewed and scored competitively in accordance with the
priority funding section and the following eligibility, submission, and program requirements.
Continued programs will be reviewed based on implementation and actual performance.
To fully understand the use of these funds, please review the Task Force on Indigent Defense
Strategic Plan: (http://www.courts.state.tx.us/tfid/pdf/Strategic%20Plan 2008.pdf).
Applicable Authority and Rules
All Task Force on Indigent Defense grant programs are governed by one or more of the following
statutes, rules, and standards. These documents are available at the Task Force website
WV'v'W .courts.state. tx. us/ ocaltfid.
. Texas Government Code Sections 71.062 & & 81.054
. Texas Administrative Code Title 1 Chapter 173
. Uniform Grant Management Standards(UGMS) as promulgated by the Office of the
Governor
I'Y20 II Discretionary Grant Program - Requests for Applications (RF A)
Page 2 of 16 pages
,
Cbecklist for Submitting a Grant Applicatjon (Two Tier Process)
Tier One II
o Develop and research an idea or procedure that would directly serve clients or improve provision of
"
indigent defense services in the county. courts, or jurisdiction(s).
o Log onto http://tfid.tamu.edu (Follow on-line I~age instructions iflog-in information is needed).
o Verify that the online screen indicates the app:ropriate judicial officials have submitted county-wide
plans and that their plans meet the grant eligiBility requirements.
o Select type of grant. The application must ind~cate if you are applying for a single-year, new multi-
year, or continued multi-year discretionary grant.
o Complete the abbreviated Intent to Submit an ~~pplication (ISA) that includes problem statement,
objectives, activities and evaluation. ISA mU~it be submitted on-line by 5:00 PM on February 26,
2010.
o Secure a letter of support from at least one judge involved in the indigent defense process. Mail or
fax the letter of support. on ?r before 5:00 PMiion February 2~, 2010. ~es?lutions are not required
by the Task Force until TIer Two but local fUles may requIre commISSIoner court approval.
Tier Two
o After review by the grant administrator. the county may be asked to submit a full proposal with or
without comments, or a letter will be sent indiqating the program does not adequately meet priorities
and program requirements for these funds. :,
o If the Grant Administrator provides a Notice tb Proceed with Application: Type or copy/paste your
written information into each required section.~IAll full applications must be must be submitted on-
line by 5:00 PM on April 30, 2010. ,i
o Secure written documentation of support from :~ourts, commissioners (resolution), or other parties
involved in or affected by the process. "
o Certify the application complete by mailing or 'taxing the Resolution/Internet Submission Form and
court commitments/support along with any othh supporting documents. Documents must be faxed
"
or postmarked on or before April 30, 2010.
Specific Eligibility Requirements
Only counties are eligible to apply for funds. .,
· Counties are encouraged (but not required) to develop regional or multi-county applications for
.c. d. ,I
lun mg. 'I
. One county must be designated as the administrative county.
· Inter-county agreements may be formal (in tBe form of Memoranda of Understanding obligating
county resources) or informal (letters of commi,~ment to support program or use services provided by
the grant funded activities in each county). '
The Countywide Plans submitted must be iniicompliance with applicable statutes and rules and
must meet the minimum requirements for '~ach plan section as outlined in the Countywide
Plan Submission Instructions.
Counties not meeting plan eligibility requiremdnts should contact the Task Force Special Counsel
to r.esolve any compliance issues immediately. II
Submission Requirements (Two Tier Proces~)
All counties submitting new grant proposals must complete an on-line ISA. If the ISA is accepted by
the grant administrator a full proposal must be :!completed. ISAs must be submitted on-line by 5:00
PM on February 26, 2010. If invited to submiti:a full proposal, it must be completed on-line by 5:00
,I
PM on April 30, 2010. All court commitment documents, supporting documents, and
FY2011 Discretionary Grant Program. Requests for Applications (RF A)
Page 3 of 16 pages
resol~tion/internet submission form supporting the grant applications must be completed entirely and'
submItted together. Incomplete submissions will not be considered. Late submissions will not be
considered.
Continued multi-year programs will complete an automatic on-line application by 5:00 PM on
April 20, 2009. Resolution/internet submission form must be completed and submitted together.
Tier One - Intent to Submit Application (ISA) Requirement
a. Abbreviated Description of Program - Counties will submit a short and succinct
description of an indigent defense improvement the courts or county want to implement.
This description will be written into the on-line system (http://tfid.tamu.edul).
b. Internet Submissions Required - All county judges, local administrative district court
judges, local administrative statutory county court judges, and county fiscal officers have
been assigned a unique user name and password for grant application, plan submissions, and
expense report submissions. Please contact the Task Force Grants Administrator for other
persons needing access to the system or if the access information was mislaid.
c. Due Date for ISA - All ISAs must be submitted on-line by 5:00 PM on February 26, 2010
on the website (http://tfid.tamu.edul). A confirmation number will be assigned to all on-line
ISA submissions.
d. Court Commitment - The judiciary is responsible for implementing indigent defense
procedures within counties. ISAs must contain letter(s) of support from the affected judges to
participate with or implement the program (see Attachment B). The Attachment B is a
sample form and must be modified to ensure it communicates what level of commitment the
local judges are providing to the specific program in the application. All supporting
documents must be mailed together apd be clearly labeled. These documents must be
postmarked or faxed on or before February 26. 2010.
Tier Two - Full Proposals Requirements
a. Notice to Proceed with Application - The grant administrator will review all ISAs and
provide a written Notice to Proceed with Application to those counties that best
demonstrate that they meet the priority funding and other requirements contained in this
.RFA.
b. Internet Submissions Required - All county judges, local administrative district court
judges, local administrative statutory county court judges, and county fiscal officers have
been assigned a unique user name and password for grant application, plan submissions, and
expense report submissions. Please contact the Task Force Grants Administrator for other
persons needing access to the system or if the access information was mislaid. All full
proposals must be submitted on-line. by 5:00 PM on April 30, 2010 on the website
(http://tfid.tamu.edul). A confirmation number will be assigned to all on-line ISA
submissions.
c. Supporting Documents - Optional documents such as timelines, general letters of support,
agreements, or other documents that the county uses to support their application must be
mailed. All supporting documents must be mailed together and be clearly labeled. These
documents must be postmarked or faxed on or before April 30. 2010.
d. ResolutionlInternet Submission Form - When the full proposal is submitted via the
Internet, the Task Force will not consider it complete until the applicant provides the on-line
generated Resolution/Internet Submission Form (see Attachment A) that is adopted by the
Commissioners Court and signed by the applicant's authorized official and that meets all
deadlines for applications. The County Commissioners Court must adopt the resolution
provided through the application process that authorizes the grant request and takes
responsibility for the appropriate expe~diture of the funds. This form also certifies that the
FY20 11 Discretionary Grant Program _ Requests for Applications (RF A) Page 4 of 16 pages
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information submitted via the Internet' is true and correct and that, if a grant is awarded by the
Task Force and accepted by the county, the county will abide by all relevant rules, policies,
and procedures, This form must be mailed/faxed to the address/number on the letterhead. All
supporting documents must be mailed together and be clearly labeled. The resolution and
form must be postmarked or faxed on or before April 30. 2010.
Additional Submission Requirements
a. Maximum Applications - A county may submit only one new application. Therefore, a
county currently operating a continued multi-year program may apply for one new single-
year or multi-year program.
b. Program Type - Each submitted application may contain only one type of program. The
county shall indicate if it seeks funding for a single-year or multi-year program. Additional
letters of support or other documentation may be required from the county upon request from
the Task Force to ensure various departments are coordinating their indigent defense efforts.
c. Single Year Grant Funded Positions - Applicants for all single-year discretionary grants
requesting full time equivalent positions (FTE) must provide a fifty percent (50%) cash
match.
d. Video-teleconferencing - Proposals for video-teleconferencing equipment require a fifty
percent (50%) cash match. The county must include at least one site visit to a previously
funded county in the budget. Upon completion of the implementation stage the county must
demonstrate that it is able to connect to one other funded or previously funded county.
Counties may use the video-teleconferencing system for any hearings authorized under Texas
Code of Criminal Procedure Chapter 46B.
e. Calculating the Cash Match
100% of Total Project Costs minus (-) percent of match required equals (=) percent Task
Force will pay.
Amount of Task Force funds requested divided by percent Task Force can pay = Total
Project Cost.
Total Project Cost multiplied by percent of match required = Total Match Required
f. New Programs and Positions - Only new programs and/or positions will be funded. This
'may include adding new positions or elements to existing programs. The county must make a
clear distinction in the application narrative of how the requested positions perform work
currently not being done. ,
g. Use of Program Income - Applicants may use funds received through program income to
fulfill the matching funds requirement~ if applicable.
h. Grant Officials - Each grant must have the following designated to serve as grant officials:
i. Program director. This' person must be the officer or employee responsible for
program operation or monitoring or implementation of the indigent defense plan and
who will serve as the point-of-contact regarding the program's day-to-day operations.
11. Financial officer. This person must be the county auditor or county treasurer if the
county does not have a county aU9itor.
Ill. Authorized official. This person' must be authorized to apply for, accept, decline,
modify, or cancel the grant for the applicant county. A county judge or a designee
authorized by the governing body in its resolution may serve as the authorized
official.
IV. The program director and the authorized official may be the same person. The
financial oflicer may not serve as the program director or the authorized official.
FY2011 Discretionary Grant Program - Requests for Applications (RF A)
Page 5 of 16 pages
Specific Submission Requirements for Multi-Year Discretionary Grants
a. Automatic Application - All continu~d programs will complete an automatic application
using the authorized access. The county must maintain compliance with the statement of
grant award to be considered for continued funding.
b. Multi-Year Funding - Funding for up to four years is available for multi-year programs.
The purpose of the four-year funding opportunity is to encourage innovative long-term
projects and programs to improve the delivery of indigent services. Grantees will assume the
cost of programs proven to be successful following the period of funding support.
c. Cash Match - Counties must indicate a cash match from county or other funds of 20% of
total project costs in the first funding year, 40% the second funding year, 60% the third
funding year, and 80% the fourth funding year. The written proposal must include a plan for
implementing a multiple year program. An applicant's use of matching funds must comply
with the same statutes, rules, regulations, and guidelines applicable to the use of the Task
Force funded portion of a grant project.
d. Equipment Costs - Equipment and oth~r one-time costs will only be funded in the first year
of the grant unless permission is granted by the Task Force in writing. Otherwise, equipment
and other one-time costs will not factor into the overall proiect costs after the first year of the
grant. The Task Force's portion of the grant and the cash match after the first year of
funding will be calculated based on the"total proiect costs less the equipment expenses from
the first year.
e. Use of Program Income - Applicants may use funds received through program income to
fulfill the matching funds requirement, if applicable.
Priority Funding
New Single-Year Discretionary Grants
The following application characteristics shall be given priority in deciding funding:
. Applications for creating programs or processes to improve indigent defense services.
. Applications that demonstrate a good likelihood the proposed activity will be a model
program or can be duplicated in other jurisdictions.
. Applications that involve multiple counties coordinating their submission.
. Applications that demonstrate a county's (ies') long term commitment to the program.
For instance a seed program that requests funds from the Task Force to start a program
the county will maintain over time.
. Applications that contain cash match from the county or other non-governmental source.
. Applications that have minimal or no indirect costs requirements. '
. Applications from small counties (less than 50,000 population) or mid-sized counties
(50,000 to 250,000 population).
. Applications to purchase equipment and resources to establish and implement a regional
approach to magistration.
New and Continued Multi-Year Discretionary Grants
In addition to all of the application characteristics listed above for the single-year discretionary
. grants, the only programs that will be considere~ for multi-year grants are:
. Programs that provide direct services to indigent defendants.
· Establishment of public defender offices.
· Establishment of regional public defender offices.
. Programs that provide mental health defender services.
· Programs that provide juvenile defender services.
FY2011 Discretionary Grant Program - Requests for Applications (RFA)
Page 6 of 16 pages
PrhO"~wn Donlli..o.....ft....r1
Program Requirements
The Task Force encourages counties to develop new and innovative programs that provide
indigent defense services or are related tq the processes of provision of indigent defense services
for the county. Counties that fulfill most of the program requirements and develop programs
consistent with the Task Force's standards. related statutes, and above listed priorities are most
likely to receive funding.
a. Type of Programs - Many types of programs that improve indigent defense systems are
eligible to receive funds from the T<\sk Force in FY09. Some programs have been funded
several times by the Task Force. Counties wanting to emulate these programs must follow
the specific program requirements in Attachment C.
The FY20 10 multi-year discretionary grants must be used for demonstration or pilot projects
that develop and promote best practices for the efficient delivery of quality representation to
indigent defendants in criminal cases Ft trial, on appeal, and in post con viet ion proceedings.
Please see Additional Program Requirements for Multi-Year Discretionary Grants
below.
b. Fund Use - Funds must be used to pay for the direct and/or administrative costs of providing
and improving indigent defense services in the county(ies).
c. Supplanting Prohibited - A county, may not reduce the amount of funds provided for
indigent defense services in the county 'because of funds provided by this grant.
d. Competitive Grants - Receiving a notice to proceed with application does not guarantee
funding by the Task Force or remove'the competitive nature of these funds. The advance
review of the ISA assists the Task Force to provide feedback to counties and assists the
county in knowing what types of programs best meet the Task Force's priorities and strategic
plan elements. '
e. Program Measures - All programs must include clear performance measures. Submissions
involving technology must have clear lmeasurable deliverables in addition to performance
measures. If the submission does not have c1ear'and performance measures (and deliverables
for technology requests) the Task Force may refuse the proposal or develop clear measures,
or deliverables in any potential offer to ifund. If a program is selected for funding, the county
is required to send one representative to a pre-award meeting at county expense to write and
negotiate the specific program measure in the statement of grant award.
f. Compliance with Task Force Requirements - All counties are statutorily required . to
submit an Indigent Defense Expenditure Report each year on November I iI) the forin and
manner prescribed by the Task Force. In accordance with T AC ~ 173.1 09 the reporting will
be through the internet. Local Administrative District Judges, Local Statutory County Court
Judges (or County Judge as applicable) and the Chairs of Juvenile Boards must submit a
copy of all formal and informal rules and forms that describe the procedures used in the
county to provide indigent defendants with counsel in accordance with the Code of Criminal
Procedure (Countywide Plans) to the Office of Court Administration as required in
Government Code S71.0351. The Countywide Plans must be submitted by November 1st of
each odd numbered year in the form and manner prescribed by the Task Force.
g. Compliance with Monitoring Reports A county must respond within the required time,
take corrective action for findings of non-compliance, and satisfactorily address all
recommendations in a Task Force fiscal or policy monitoring report. Failure to comply with
any of these requirements could result in the Task Force imposing a remedy under T AC
173.307 or Texas Government Code S 71.062.
h. Maintain Official Contact Information -All counties must maintain the grant and plan
officials contact information on counties' home page set up at http://tfid.tamu.edu. Counties
must advise the Task Force of changes in the authorized official, program director, financial
officer, local administrative district judge, local statutory county judge and county judge by
updating this website contact information. This information will be used to provide notices
FY2011 Discretionary Grant Program - Requests for Applicatio~s (RFA) Page 7 of 16 pages
for grant or plan submission information. The Task Force staff will use e-mail whenev~r
possible to notify counties of required '~eports and funding opportunities.
i. Reports - Fiscal and program reports are required to be submitted through the Internet each
quarter. All grants will require at least one follow-up report outside of the grant period. The
specific fields to be captured will be identified prior to commencement of the grant as part of
the statement of grant award if selected for funding. If an application does not provide
adequate measures related to the proposed activity the Task Force may develop alternative
measures. Most data elements need monthly breakdown for submission. A post grant period
report is required in accordance with UGMS. If selected for funding, report periods will be
provided in,the Statement of Grant Award.
j. Allowable Costs - The Task Force may provide grants from the Fair Defense Account to
counties providing legal representation and indigent defense support services. Grants
provided under this chapter may be used by counties for:
i. Attorney fees for indigent defendants accused of crimes or ju-venile offenses;
ii. Expenses for licensed investigators, experts, forensic specialists, or mental health
experts related to the criminal defense of indigent defendants; and
HI. Other approved expenses allowed by this grant application or necessary for the
operation of a funded program.
k. Unallowable Costs - The Task Force h,as adopted the Uniform Grant Management Standards
(UGMS) to determine unallowable costs. See UGMS for a full list of unallowable costs.
Specifically, in accordance with UGM$ and/or the grant rules the following conditions apply
to these grant funds:'
i. General government costs are unallowable;
ii. Costs of law enforcement, prosecution, and incarceration are unallowable;
iii. Replacing existing county funding with grant funds is unallowable; and
iv. Funding previously existing 'positions is unallowable..
I. Right of Refusal - The Task Force reserves the right to reject any or all of the applications
submitted.
m. State Funds Availability - All commitments are subject to availability of state funds.
n. Awards - Publishing the RFA does not obligate the Task Force to fund any programs.
o. Partial Funding - The Task Force may choose to offer funds for all or any portion of a
program submitted in the application. '
p. Substitution - The Task Force may offer alternative funding sources, special conditions or
alternative program elements in response to submitted applications. '
q. Technology Standards - Proposals which include purchase of information technology
products must document how the projects meet technology standards adopted by the Texas
Department of Information Resources (DIR) and Judicial Committee on Information
Technology (JCIT) as applicable. If no standards are available from DIR or JCIT, then the
county must meet commonly accepted technology standards such as Open Data Base
CQmpliant (ODBC) or Transmission Control Protocol I Internet Protocol (TCP/IP) as
applicable.
r. Use DIR State Contract - All technology equipment and software.must be purchased from
the DIR State Contract unless the County demonstrates in a written exception request good
reason why the state contract cannot be used and the grant administrator has granted a written
exception.
s. Equipment and Software Maintenance - All equipment and software purchased with grant
funds shall include at least three (3) years and no more than five (5) years of maintenance to
ensure the equipment and software will operate as intended during and beyond the grant
period. For multi-year grants, the cost of the actual equipment and other one-time costs will
only be funded the first year of the grant and will not factor into the overall proiect costs in
subsequent years of funding.
FY2011 Discretionary Grant Program - Requests for Applications (RFA)
Page 8 of 16 pages
t. Interconnectivity oC Communications Technology - In the purchase of communication
equipment, the County will connect to at least one site previously funded by the Task Force
to demonstrate its connectivity.
u. OCA Reporting - The applicants' county and district clerks must be in compliance with
reporting requirements promuIgated'by the Texas Judicial Council. The district clerks and
county clerks must submit their monthly court activity reports to OCA electronically.
v. Dual Use - Some indigent defense activities are intricately woven into county processes or
activities. If a county applies for a program that may be considered general government use,
the county must provide documentation and rationale to establish a basis of costs to
determine the portion of a program/project attributable to indigent defense.
w. Inventory - Unless otherwise provided, equipment purchased is the property of the county.
The Task Force requires each grantee to maintain an inventory report of all equipment
purchased with grant funds. This report must comport with the final financial expenditure
report. Within 90 days after the grant period expires, grantees must complete a physical
inventory of all grant funded property and the grantee must reconcile the results with the
existing property records.
x. Records Retention - Counties must 'maintain records related to the funded activity for at
least three years after the end of the grant period. Records may be stored electronically.
y. Monitoring and Auditing - Records must be made available to the Task Force or its
designees upon request (See Texas Administrative Code, Rule S 173.401 for more details)
z. ProCessional and Contractual Services - Any contract or agreement entered into by a
grantee that obligates grant funds must' be in writing and consistent with Texas contract law.
Grantees must establish a contract administration system to regularly and consistently ensure
that contract deliverables are being provided as specified in the contracts. Grantees must
regularly and consistently document the results of their contract monitoring reviews and must
maintain the files and results of all contract monitoring reviews in accordance with the record
retention requirements described in this' section of the RF A. A grantee's failure to monitor its
contracts may result in disallowed costs and/or disallowed match.
aa. Review Criteria - This is a competitive grant program. The Task Force staff will review
each grant using objective tools and comparative analysis. The weight given to each section
or combination of sections is at the sole discretion of the Task Force.
bb.Past performance -Task Force staff will prepare a summary, indicating the overall
implementation of past grants on each county that has completed grants in previous years.
The reviewers will use the summary .in considering the likelihood that the county will
complete future grants. The summary must include whether in previous year grants counties
failed to maintain staff aJtei" the grant p~riod or equipment or services were abandoned after
the grant period. The summary is to be used as a consideration for reviewing the current
grant but not as a final determination.
cc. Final Selection - The Task Force may select and award programs that reflect geographic
diversity, demographic diversity, and/or distinctive program elements at its own discretion.
Additional Program Requirements Cor Multi-Year Discretionary Grants
dd. Impact oC Formula Grant - Counties that receive multi-year discretionary grants from the
Task Force are encouraged to continue applying for the formula grant. Formula Grant
payments will be made as scheduled. The county will submit its Indigent Defense
Expenditure Report on or before November 1 of each year. If the impact of the Multi-year
funded program results in overall reduction of the county's indigent defense expenses below
the baseline period, then all or a portion of the formula grant may need to be returned to the
Task Force as directed by the Task Force. Regional programs are exempt from this
requirement.
FY201 I Discretionary Grant Program - Requests for Applications (RF A)
Page 9 of 16 pages
ee. Future Funding on Multi-Year Projects - The Task Force will commit funding for only
the current grant year. Future funding will be based on the county submitting a new
application to continue funding in subsequent years, submission of progress reports, a
demonstration of successful progress made in implementing the program, and future
availability of funds. The statute dedicates the money appropriated for this program to
demonstration and pilot projects that develop and promote best practices in indigent defense.
ff. Grant Status - Continued programs must be current on reporting and program requirements
as of the grant review period. The Grants Administrator will review status of multi-year
programs and make recommendations to the Task Force based on the status of the program.
gg. Delayed Start - For multi-year grants, counties often begin program expenditures after the
beginning of the initial grant year. The Task Force will provide the 80% of funding based on
twelve months of expenditures if the cotinty spends at a reasonable level consistent with the
funding plan. The county must have an ~mexpended balance for the delayed period to carry
forward into the new period of within 10% less any start up costs. The one-year percentage
of funding amounts will be calculated from the first month of initial county expenditures
rather than the initial grant period. If approved, the county will enter into the succeeding
grant period with the previous match funding for the length of the delayed funding. The
remainder of the renewed grant period will be the current fiscal year match. This process will
carry forward each year that the program is renewed until the final (fourth) year. The final
contract will be written for the length of time to complete the funding schedule transaction at
the appropriate percent match.
Example: ABC County receives an initial $100,000 four-year grant beginning October 1,
2011, with the Task Force reimbursement percentages equaling 80% in the first grant year,
60% in the second, 40% in the third, and 20% in the fourth. However, ABC County does not
begin spending for the program until April 1, 2012. The county applies and is approved to
receive continued funding for the grant year beginning October 1. 2012. The county may
receive 80%funding through March 31"i2013, which is eighteen months from the beginning
of the initial grant period but only one year from the beginning of the county expenditures.
FY20 II Discretionary Grant Program - Requests for Applications (RF A)
Page 10 of ] 6 pages
Intent to Submit an Application (Tier One)
Counties desiring discretionary grant funding must complete online Intent to Submit an Application
(ISA) before developing a full proposal. The ISA \vill allow for counties to name the grant officials,
provide a title to the program and state the estimated total project costs. The ISA will include four
parts: problem statement, program goals, activity and evaluation. The ISA must be limited to one
program and will be a short and succinct description of an indigent defense improvement the courts
or county want to implement. The ISA may not exceed the space provided in the on-line submission
boxes. Any text beyond the word limit will be discarded.
After review of the ISAs, the grant administrator will provide an offer in writing to those counties
that best meet the stated Priority Funding and Program Requirements sections to submit a full
application. Improvement suggestions may be included with the Notice to Proceed from the grant
administrator.
Writing the Full Application (Tier Two)
If the Grant Administrator provides notice to proceed with application then the county may log
into the system and complete the other portions of the application. Each application must have a
narrative section that describes to the Task Force the proposed activity. The narrative portion of
the application consists of eight sections that must be addressed by each county. Each of these
elements must be completed for the application to receive full consideration. Scoring procedures
assign values to most of the sections. An incomplete or blank section decreases the likelihood of
the program receiving funding because no score will be assigned to missing information. The
online system will accept basic formatting and simple tables. Provide all information in the on-
line system that the reviewers need to score the proposal. The submission requirements above
provide instructions on how to submit addit,ional information if it is necessary. The sections are:
a. Introduction (Executive Summary) - In one hundred (100) words or less, describe the
program. This paragraph will be the abstract of the project which will be used for labeling
purposes. Any words after the 100 word limit will be deleted.
b. Problem Statement - In one hundred (100) words or less describe the issue or problem the
proposed activity is intended to improve or correct. Any words after the 100 word limit will
be deleted: In subsequent paragraphs: , ,
c. Objectives - Develop clear targets for action that the program will accomplish. Answer why
the program will solve the problem stat~d above.
i. Objectives must be in context to'the program in this proposal and the funds requested.
ii. Objectives are time/date specific and are measurable. I
d. Methodology or Project Design (Activities) - Describe the specific activity the county will '
conduct if funded.
1. Include detailed instructions of step by step procedures that will take place to perform
the program and the resources needed to complete each task.
11. Make sure to incorporate the required elements for the types of programs listed on
Attachment C.
111. Include startup tasks to begin '~md the on-going program activities that staff will
have to perform to implement the program.
IV. Write this section so that outsiders unfamiliar with local conditions are able to read
this section and know exactly what the county plans to do.
v. Provide justification related to effectiveness and/or economy of the method proposed.
Highlight distinctive elements of the proposal that make this program more desirable
than other programs under consideration.
VI. Describe whether the existing staff and/or contractors will perform tasks, reports,
etc...or if new persons will need to be hired.
FY2011 Discretionary Grant Program - Requests for Applications (RFA)
Page II of 16 pages
VII. If this program is being incorporated into an existing process or program. clarify how
the process is different. "
e. Evaluation - Develop reporting methods on how the proposed activity goals are measured.
i. Evaluation must be linked directly to the objectives and methodology. The evaluation
must measure both the progress you make toward implementing the grant funded
activity and the effect of the program once it is in operation.
11. Measure the attainment of objectives in a specific and tangible manner
(ex.. .applications of indigency and request for appointed counsel will be accepted
and stored in a file drawer);
111. Measures must be quantifiable (ex.. .200 applications and requests are estimated);
IV. Measures must be time specific (ex. ..the applications and requests will be counted
from February to January and reported monthly);
v. Measures must identify the manner in which they will be recorded for future review
(ex...a report or screenshot of the programming results, affidavit of acceptance of
work, or summary database).
VI. The evaluation provides meaning to the program objectives. The measure of success
is determined by the goals and objectives of the proposed activity. Write the method
that milestones, accomplishmerts, and timelines will be tracked and recorded. Who
will record, What will they record, When will they record
Vl1. Evaluations must be in context of how the program impacts other county processes
when applicable. The evaluation reports are submitted during and after the
implementation phase and in accordance with UGMS. Evaluations are both fiscal and
programmatic. Process evaluations may also be included.
f. Future Funding- Include information on how the proposed activity tits into the county's long-
term indigent defense financial systems.
g. Budget - (Narrative required) Counties will submit an online budget form. Budgets must
clearly state the costs of executing the program. Budget categories are Personnel (salary and
fringe), Travel, Equipment, Supplies, Contract Services, and Indirect.
i. Include all costs necessary to implement the proposed activity.
11. Provide a narrative to justify all budgeted expenses. This narrative must correspond to
the activities sections. Items in the budget not stated in the activity will be removed.
Ill. Indicate in the budget and narrative the start~up costs or non-reoccurring for multi-
year grants. (Note: multiyear grants will not be able to carry forward start-up costs
into subsequent years except as provided in the Delayed Start section.)
IV. Indirect costs are allowable, but will not be competitive ifabove 10%.
v. Indicate whether county or othe~ sources will provide direct cash payments or in-kind
contributions.
VI. The equipment line requires a list of equipment to be purchased. All equipment must
be purchased in the first year of the grant unless permission is granted from the Task
Force in writing. Otherwise. the equipment costs will not factor into the total proiect
cost in subsequent years of funding.
Vl1. Do not budget expense items that are not part of the proposal.
FY2011 Discretionary Grant Program - Requests for Applications (RFA)
Page] 2 of ] 6 pages
Attachment A
SAMPLE Required ResolutionlInternet Submission Form DO NOT USE
MUST BE PRINTED FROM ON-LINE SYSTEM
Indigent Defense Discretionary Grant Program
SAMPLE OF ON-LINE FORM GENERATED BY SYSTEM
WHEREAS, under the provisions of the Texas Government Code Section 71.062 and Texas
Administrative Code Chapter 173, counties are eligitJle to receive grants from the Task Force on Indigent
Defense to provide improvements in indigent defense services in the county; and
WHEREAS, the commissioners court authorizes this :grant program and application to assist the county in
the implementation and the improvement of the indigent criminal defense services in this county; and
MUST BE PRINTED FROM ON-LINE SYSTEM
WHEREAS, County Commissioners Court has agreed that in the event of loss or
misuse of the funds, Cou,nty Commissioners assures that the funds will be
returned in full to the Task Force on Indigent Defense.
NOW THEREFORE, BE IT RESOLVED and ordered that the OFFICIAL DESIGNATED BY THE
COMMISSIONERS' COURT of this county is designated as the Authorized Official to apply for, accept,
decline, modify, or cancel the grant application for the Indigent Defense Discretionary Grant Program and
all other necessary documents to accept said grant; and
JE IT FURTHER RESOLVED that the OFFICIAL DESIGNATED BY THE COMMISSIONERS'
COURT is designated as the Program Director for this grant and the County Auditor or County
Treasurer if the county does not have an auditor (per T AC ~173.301(a)(2)) is designated as the
Financial Officer for this grant.
Adopted this
day of
,2010.:
Sample MUST BE PRINTED FROM ON-LINE SYSTEM
County Judge
Attest:
County Clerk
SAMPLE - MUST BE PRINTED FROM ON-LINE SYSTEM- Do not use this form
INTERNET SUBMISSION FORM
After submitting the discretionary application on-line, the following Internet submission confirmation number was received #.
_ This grant application submission was in accordance with the Commissioners Court
Resolution above.
\uthorized Official
SAMPLE -MUST BE PRINTED FROM ON-LINE SYSTEM
FY2011 Discretionary Grant Program - Requests for Applications (RFA)
Page 13 of 16 pages
Attachment B
Sample
INDIGENT DEFENSE MULTI-YEAR DISCRETIONARY GRANT PROGRAM
COOPERATION AGREEMENT
II
MODIFY TlIIS.SAMPLE AGREEMENT AS NEEDED TO INDICATE THE LEVEL OF SUPPORT OR PARTICIPATION THE COURTS WILL
HA YE WITH THE PROGRAM.
YOU DO NOT NEED TO HAVE ALL JUDGES SIGN IF THEY TOOK OFFICIAL "BOARD OF JUDGES" ACTION TO
APPROVE PROGRAM SUPPORT.
County has applied for a discretionary grant from the Task Force on lndigent
Defense (Task Force) to assist in funding program.
Implementation of this program will affect the courts below. The undersigned judges agree to support and/or
participate with the program pursuant to the county's discretionary grant application to the Task Force and
any special conditions of the grant award to the county. This commitment includes participating in the data
collection etTorts required in the program, as well as utilization of the services to be provided by the
program.
To be considered for funding this program cooperation agreement must be signed by the judges of all of the
statutory county / district courts hearing criminal matters punishable by incarceration or juvenile matters in
the county.
Acknowledged and Approved by all statutory county / district courts hearing criminal matters punishable by
incarceration or juvenile matters in the county:
Signature of Local Administrative
District Judge
Date
Printed Name and Title
Signature of Local Administrative
Statutory County Judge
Date
Printed Name and Title
Signature of Judge serving as
Chair of the Juvenile Board
Date
Printed Name and Title
Signature of Judge
Date
Printed Name and Title
Signature of Judge
Date
Printed Name and Title
Signature of Judge
Date
Printed Name and Title
Signature of Judge
Date
Printed Name and Title
Signature of Judge
Date
Printed Name and Title
FY2011 Discrelionary Grant Program - Requests for Applications (RFA)
Page 14 of 16 pages
Attachment C
Required Program Elements
The Task Force has funded several programs in the follo\'ving categories. In addition to general program
requirements above, these specific types of programs must contain the following required program elements
to be considered for funding.
1) Indigent Defense Coordinators (IDC) - IDC~ have been funded to institutionalize indigent defense
processes into the courts of a county or region. They are dedicated to improving the appointment
process and providing documentation that a county is in compliance with the Fair Defense Act. IDCs
reduce administrative time of judges spent on appointments. They can also enhance processes for
fair, neutral and non-discriminatory appointment practices. A clear and objective standard of
indigence with a timely appeal process to the courts in case of denial by the IDC ensures success of
these programs. They are not to be confused with court administrators, secretaries, or court docket
managers.
Required Program Elements
a) Must perform all appointments (in and out bf court) as the designee of the judge or judges
b) Must maintain the rotation default system on assigned counsel systems and monitor the
frequency and reasons of exception for ofT list appointments.
c) Must report summary of appointment data to judges at least monthly
d) Must manage the graduated list of court appointed attorneys for judges and receive applications
for advancements or adjustments as higher qualifications are met by attorneys
e) Must monitor appointment list and attorneys' completion of continuing legal education (CLE) to
meet minimum requirements oflocal plan and Task Force rules
f) Must review invoices submitted by attorneys and compare to appointment schedule prior to
judicial approval
g) Must review, manage and update local indigent defense plan(s)
h) Perform training for law enforcement, magistrates, local bar, and other stakeholders on indigent
defense plan(s) adopted by courts.
i) Report directly to the judges (rural) or board of judges (mid-size or urban)
j) Develop procedures to track attorney contact which includes tracking investigating and reporting
allegations of attorneys not meeting their clients within statutory or plan requirements
k) Must involve all courts in the jurisdiction (rural and mid-sized) or all. of the judges of a type of
. court (urban).
2) Video Teleconference - The Task Force has funded programs that use technology to provide better
representation or promote prompt appointment requirements. The courts can use the technology to
remediate the effects of geography or volume on court processes. An acceptable VTC system will
focus on improving indigent defendants' access to effective assistance of Gounsel.It also may also
help the county meet prompt appointment or prompt attorney contact requirements of the Fair
Defense Act. Currently, there are three known types of video-teleconference indigent defense grants:
A. Attorney/Client meetings - The video-teleconference system is used to promote clients'
contact with their attorneys as soon as practical but certainly prior to a court appearance.
B. Magistration - The prompt appointment; requirements in the Fair Defense Act can be met by
using the video-teleconference system to bring isolated magistrates to the defendants via
technology.
C. Indigency determinations and applications for court appointed counsel - The court may use
the technology to conduct the interview to determine indigency or to hear defendants' request
for court appointed counsel
Required Program Elements
FY2011 Discretionary Grant Program - Requests for Applications (RFA)
Page 15 of 16 pages
a) Must meet the needs of local attorneys on the appointment list and involves the local defense bar
in the planning stages
b)Must be used by all judges in the jurisdiction involved in the specific aspect of the program (e.g.
includes a countywide process change in l1}agistration, attorney/client meetings, etc...)
c) Must be used to meet a specific element of the Fair Defense Act (e.g. indigenc)' detennination,
magistration, attorney contact, etc....)
d)Must involve sheriff, jail administrator and other law enforcement as applicable
e)Must be purchased from the DIR contract (see program requirements)
f) Must include the price of at least three years of maintenance
g)Must demonstrate that it is able to connect t9 one other funded or previously funded county
h)Must be able to communicate with other court systems (open or shared technology)
3) Purchase of Information Technology Products - Many IT products may be considered for
funding only in relation to how they improve local indigent defense processes. Any project allowed
under this type of purchase must clearly focus on improving indigent defendants' access to effective
assistance of counsel. These projects often reduce administrative time of judges and court staff
involved in the appointment or payment proce~s.
Required Program Elements
a) Must meet the l1eeds of local attorneys on the appointment list and involve the local defense bar
in the planning stages
b) Software programming must be portable to other jurisdictions
c) The IT product may not be a common business practice items that is expected to be found in any
county (example- fax machine, telephone, hc...)
d) The product must have clearly defined activity, summary, and management reports
e) Must avoid use for general court processes
4) Public Defender Offices and Direct Client Services - Establishing public defenders, regional
public defenders, mental health defender and juvenile defender services are major priorities of the
Task Force. Direct client services are the mosdlikely to receive funding.
Required Program Elements
a) Must focus on serving people
b) Must involve the local defense bar in the planning stages
c) Must involve a clear appointment/referral and intake processes
d) Public defender offices must deinonstrat,e the use of the Task Force on Indigent Defense
Blueprint for Establishing a Public Defender Office in Texas (second edition June 2008) ,
e) Must include adequate access to support services including secretaries and investigators (lawyer
to support staff ratio) ,
f) Must have defined caseloadlworkload standards
g), Must have internal case management/tracking controls. sufficient to. monitor attorney
caseloadlworkload
h) Must have ability to produce other reportsthat enable the office to evaluate its own performance
and demonstrate its cost-effectiveness to other local defense systems
i) Emphasis on staff training/supervision/evaluation to continually improve office perfonnance.
FY20l] Discretionary Grant Program - Requests for Applications (RFA)
Page 16 of 16 pages
ALLOW PRECINCT #3 TO APPLY FOR A TEXAS PARKS & WILDLIFE MATCHING GRANT
FOR THE OLIVIA HATERIUS PARK:
A Motion was made by Commissioner Lyssy and seconded by Commissioner Fritsch to sign the
Local Park Grant Program Resolution Authorizing Application with Texas Parks & Wildlife for a
matching grant for the Olivia Haterius Park in Precinct #3. Commissioners Galvan, Lyssy, Fritsch,
Finster and Judge Pfeifer all voted in favor.
.
Local Park Grant Program
Resolution Authorizing Application
A resolution of the Calhoun County Commissioners' Court as hereinafter referred to as "Applicant,"
designating certain officials as being responsible for, acting for, and on behalf of the Applicant in
dealing with the Texas Parks & Wildlife Department, hereinafter referred to as "Department," for the
purpose of participating in the Local Park Grant ProQram, hereinafter referred to as the "Program";
certifying that the Applicant is eligible to receive program assistance; certifying that the Applicant
matching share is readily available; dedicating the proposed site for permanent (or for the term of
the lease for leased property) public park and recreational uses; and certifying that the application
has been submitted to the appropriate Regional Council of Governments for the Texas Review and
Comment System (TRACS) review.
WHEREAS, the Applicant is fully eligible to receive assistance under the Program; and
WHEREAS, the Applicant is desirous of authorizing an official to represent and act for the Applicant
in dealing with the Department concerning the Program;
BE IT RESOLVED BY THE APPLICANT:
SECTION 1: That the Applicant hereby certifies that they are eligible to receive assistance under
the Program, and that notice of the application has been posted according to local
public hearing requirements.
SECTION 2: That the Applicant hereby certifies that the matching share for this application is readily
available at this time.
SECTION 3: That the Applicant hereby authorizes and directs its Golden Crescent ReQional
PlanninQ Commission to act for the Applicant in dealing with the Department for the
purposes of the Program, and that Commissioner Neil Fritsch is hereby officially
designated as the representative in this regard.
SECTION 4: The Applicant hereby specifically authorizes the official to make application to the
Department concerning the site to be known as Olivia Haterius Park in the County of
Calhoun for use as a park site and is hereby dedicated (or will be dedicated upon
completion of the proposed acquisition) for public park and recreation purposes in
perpetuity (or for the lease term, if legal control is through a lease). Projects with
federal monies may have differing requirements.
SECTION 5: That the Applicant hereby certifies that a copy of the application has been submitted to
the appropriate regional council of governments for Texas Review and Comments
System consideration.
Introduced, read and passed by the affirmative vote of the "Applicant" on this 28th day of January,
20 10.
~~~p~-----
Michael J. Pfeifer, Calhoun County Judge
Typed Name and Title
PWD 1069B - P4000 (10/08)
CONTRACT WITH GULF BEND CENTER AND AUTHORIZE COUNTY JUDGE TO SIGN:
A Motion was made by Commissioner Galvan a~d seconded by Commissioner Lyssy to approve
the Contract with Gulf Bend Center and authori~e Judge Pfeifer to sign. Commissioners Galvan,
Lyssy, Fritsch, Finster and Judge Pfeifer all voted in favor.
.r-:
:t
CONTRACT
between
CALHOUN COUNTY
and
GULF BEND CENTER
STATE OF TEXAS
COUNTY OF CALHOUN
WHEREAS, Calhoun County, hereinafter COUNTY, a political subdivision of the
State of Texas, has determined that the expenditure~of county funds proposed herein is one
which serves a public purpose and has further determined that the State of Texas, by its
Constitution or by its state statutes, either implicitly or explicitly, has conferred upon
COUNTY the authority, the power and the jurisdiction to accomplish the uses for said funds
as proposed herein, infra. Having found the above elements fully satisfied, COUNTY may
contract with a private nonprofit corporation so that they may use said public funds for the
purposes contemplated herein, but only if the expenditure is to accomplish "county
business" (which encompasses matters of general concern to county residents) and only if
COUNTY assures itself that the funds to be transferred by this contract are subject to
adequate contractual or other controls to ensure that expenditure of said county funds for
the public purpose stated herein will be accomplished and so long as COUNTY received
adequate consideration for the county funds to be provided by this contract.
WHEREAS, GULF BEND CENTER, hereinafter referred to as GULF BEND
CENTER is engaged in providing services to persons with chronic and persistent mental
illness and mental retardation, including crisis response and stabilization services, outpatient
mental health services, and renders support to the county and district courts in the
determination of competency and case disposition involving persons with mental illness and
mental retardation who are involved in the criminal justice system, as well as multiple
community support services for persoriis with mental retardation. GULF BEND CENTER
is thereby providing for the betterment of Calhoun-Couti'tf,""and desires to enter into such a _.. . . -(
contract for the provision of certain services for the COUNTY; said services being
considered by both parties to this contract as fair consideration from GULF BEND
CENTER to COUNTY in exchange for the funds transferred hereby.
IT IS THEREFORE AGREED THAT:
1. Payment by County: In consideration that the services described below to the
residents of COUNTY, GULF BEND CENTER shall be entitled to a sum not to exceed
$26,000.00 per annum. Such amount shall be disbursed by COUNTY to GULF BEND
CENTER after January 1, 2010, upon written request for GULF BEND CENTER.
2. Insurance: The County will require documentation of General Liability
Insurance coverage, with adequate limits to be determined individually, depending on
exposure.
,J
..'.'.
I
3. Services: GULF BEND CENTER, hereinafter referred to as GULF BEND
CENTER is engaged in providing services to persons with chronic and persistent mental
illness and mental retardation, including crisis response and stabilization services, outpatient
mental health services, and renders support to the county and district courts in the
determination of competency and case disposition involving persons with mental illness and
mental retardation who are involved in the criminal justice system, as well as multiple
community support services for persons with mental retardation.
4. Term: The Term of this contract is to begin on January 1, 2010 and end on
December 31, 2010, unless earlier terminated by either party on thirty days written notice.
5. Effectiveness: This contractis effective upon approval by Order of the Calhoun
County Commissioners' Court.
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6. Relationship: The parties hereby agree that this is a contract for the
administration of the Program and hereby renounce the existence of any other relationship.
In no event shall COUNTY have any obligation or liability whatsoever with respect to any
debts, obligations or liability of GULF BEND CENTER, and GULF BEND CENTER
shall have no authority to bind COUNTY to any contract, matter or obligation. No duties
of COUNTY are delegated to GULF BEND CENTER by this contract and any provision
which is or may be held to be such a delegation shall be of no force or effect.
7. Modification; Termination: This contract may be amended, modified,
terminated or released only be written instrument executed by COUNTY and GULF BEND
CENTER, except as herein otherwise provided.
CALHOUN COUNTY
GULF BEND CENTER
By: -/i41JJ~ Ijf
Date: ~ ~ d.. ~ . ;J..O~ .
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NOTICES
COUNTY:
GULF BEND CENTER
Calhoun County Judge
211 S. Ann Street, Suite 301
Port Lavaca, Texas 77979
Executive D~r~ctor. C, s-o ~
4::;02 Ea:;l AiIlinc, SulK 6S
Victoria TX ~ 71 e') 6*
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CLERK'S CERTIFICATION
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I, Anita Fricke, County Clerk of Calhoun County, Texas, certify that the above
cOf\tract was accewed and agreed to by the Commissioners' Court of Calhoun County on
~Ct(\ ualY" j d.. ~ffi , 2010.
By: illtndtp~
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Date:
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January 11,2010
The Honorable Michael J. Pfeifer
Judge, Calhoun County
211 South Ann, Suite 304
Port Lavaca, Texas 77979
Dear Judge Pfeifer,
Please accept this letter as a request for remittance of funds appropriated to Gulf Bend Mental
Health Mental Retardation Center for the current fiscal period. This letter is a follow up to a
letter dated April 16, 2009, requesting continued support for those uninsured Calhoun County
residents who are currently receiving services. A copy of that letter is attached for your
reference. '.
If you have any questions regarding this request please let me know by calling (361) 582-2314.
As always, Gulf Bend MHMR Center appreciates the support of Calhoun County in addressing
the mental health needs ofthe community.
Sincerely,
hmlltl /rf~/~
Donald L. Polzin
Executive Director
Enclosure
cc: Annette Pfeil, Trustee
Mark Daigle, Trustee
6502 NURSERY DRIVE, STE, 100 . VICTORIA, TEXAS 77904 · 361-575-0611 . 361-578-0506 FAX. WWW,GULFBEND,ORG
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IMPROVING LIFE THROUGH RECOVERY.
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April 16, 2009
The Honorable Michael J. Pfeifer
Judge, Calhoun County
211 South Ann, Suite 304
Port Lavaca, Texas 77979
Dear Judge Pfeifer,
Please allow me this opportunity to express on behalf of Gulf Bend MHMRCenter our thanks to you and
members of the Calhoun County Commissioners' Cofirt for your continued support of the Center and its mission
of service to Calhoun County. During the past year' the Center has worked diligently to be responsive to the
mental health and mental retardation needs of the citi~ens of Calhoun County. The attached report attests to the
extent of our services and the extent to which we are ~eaching people in need who live in Calhoun County.
Enclosed with this letter is an attachment containing a list of services provided in 2008. This report reflects
total individuals served, total units of service provided, sources of funding including Calhoun County's
contribution, and a comparison of costs of outpatient treatment provided by the Center versus more expensive
alternatives. Approximately 60 percent of the total s~rvice provided was to individuals who are uninsured. We
think you will agree this represents a substantial return on the county's current annual investment of $26,000.
During the past twelve months, the Center has beet} able to enhance its services to the citizens of Calhoun
County in the following ways:
Provision of psychiatric medical services via tele-video equipment installed and maintained at
Memorial Medical Center. This service was established during the past year and provides timely
and convenient access to Center services to individuals who otherwise would have to travel to
Victoria to receive those services. Reports or patient satisfaction have been positive;
· Improved mental health emergency care through the use of technology and increased capacity of
qualified mental health professionals;! .
Level IV Accreditation of the Center's Mentl,ll Health Crisis Screening and Assessment Unit by
the American Association of Suicidology; "
· In addition, we are having good success in helping people to find and secure employment in the
county through partnerships with local businesses.
A media campaign provides information posted on billboards in the community calling attention to where and
how to access the Center's services in time of need or crisis.
During June and July of this year we will be preparing our budget for the new fiscal year that will begin
September 1, 2009. Our appropriations request of Galhoun County for the coming year will remain at the
current level of $26,000. These dollars are critically important as they provide a portion of the local match
needed to drawn down the state funds appropriated to the Center.
6502 NURSERY DRIVE, STE. 100 · VICTORIA, TEXAS 77904 ". 361-575-0611 . 361-578-0506 FAX. WWW.GULFBEND.ORG
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I look forward to meeting with you and members of the Court on Thursday, April 23,2009. In the meantime,
please let me know if I can answer questions or provide you with further information. You may reach me by
calling 582-2314.
Sincerely,
~;Q~' -
Donald L. Polzin
Executive Director
Enclosures
xc: Annette Pfeil, Trustee
Mark Daigle, Trustee
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Gulf Bend Center
IMPROVING LIFp THROUGH RECOVERY.
Calhoun County
Services Summary
January 1st - December 31st 2008
Population and Service(s) Information:
Population Unduplicated Served # of Services Delivered
Outpatient Mental Health All Counties: Calhoun All Counties: Calhoun
Adult 1,447: 121 22,573 : 1,709
Children & Adolescents 361 : 27 8,912 : 699
Crisis Response
All population 1,906 : 180 6,881 620
Outpatient Mental Retardation
All population 178 34 3,970 777
Residential Mental Retardation Dailv Services Delivered
Adults 66 9 17,048 : 1,825
Leveraged Services/Funding
Free-PAP Medications: $318,500
R b S
evenue )V ource
Population/Service Local State GR - Contract Earned Required Match
Mental Health $141,687 $3,085,000 $1,100,000 $240,546
Mental Retardation $ 0 $ 550,000 $3,363,000 $ 36,066
Calhoun's Local Investment: $26,000 annually or 18%
Gulf Bend Center's uninsured {dependent on General Revenue & local funding) remains approximately
60%.
Local Economic 1m act:
Coun
Calhoun
Total Em 10 ees: Calhoun
* 177: 17
Total Wa es: Calhoun
$4,309,612 : $304,706
Community based mental health services also demonstrate a positive economic impact when considering the
ffi' f "ty b d h A fi 11
cost e ectIveness 0 commuru ase versus ot er avenues. comparIson 0 ows.
Unit of Service Service Type Cost
One Year Outpatient Mental Health $ 3,000
One visit Emergency Room $ 1,000
Six Months Jail $10,000
90 Days State Hospital $40,500
Gulf Bend Center's services prevent unnecessary usage of these costly resources.
*This total represents a 'cumulative' employment total for the calendar year.
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TEXAS COUNCIL RISK MANAGEMENT FUND
DECLARATIONS OF COVERAGE
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Member Name:
Contract Number:
Fund Year:
Gulf Bend MHMR Center
00009
2009 - 2010
Declarations Effective Date: 09/01/09 12:01 AM
Declarations of Coverage Number: 1 :09-1 0
A. WORKERS' COMPENSATION
Coverage Basis
Volunteers
Elected 1 Appointed Officials
Piece-Rate Client Workers
Wage-Earning Client Workers (less than minimum wage)
Annual Contributions (Estimated)
Per Claim Deductible
Annual Aggregate Deductible
Effective Date
Expiration Date
Original Inception Date
Statutory
No
Yes
No
No
$ 78,584
N/A
N/A
09/01/09 12:01 AM
09/01/1012:01 AM
11/01/8812:01 AM
B. LIABILITY COVERAGES
Automobile liability Coverage
Per Occurrence Limit of Liability
Annual Aggregate
Deductible
Annual Contribution
Effective Date
Expiration Date
Original Inception Date
$ 1,000,000
N/A
$ 1,000
$ 15,759
09/01/0912:01 AM
09/01/1012:01 AM
10/01/8812:01 AM
Additional Per Occurrence and Annual Aggregate Limit of Liability
in Excess of $1,000,000
Additional Contribution
N/A
N/A
Excess Layer( s) Effective Date Expiration Date Notes
N/A N/A N/A N/A
ENDORSEMENTS
(END.1)
Non-Owned AL Endorsement
Uninsured/Underinsured Motorists - New Rates Eff 12/31/01
See Endorsement Worksheet
See Endorsement Worksheet
PTCDEC05
39538 Fund Year 09-10. Renewal
TCDEC71
Page 1 of 5
.... ~..
B. LIABILITY COVERAGES (continued)
Gulf Bend MHMR Center
00009
General Liability Coverage
Per Occurrence Limit of Liability
Annual Aggregate
Deductible
Annual Contribution
Effective Date
Expiration Date
Original Inception Date
$ 1,000,000
$ 1,000,000 (LB-1)
$ 1,000
$ 1 ,825
09/01/0912:01 AM
09/01/1012:01 AM
10/01/8812:01 AM
Additional Per Occurrence and Annual Aggregate Limit of Liability
in Excess of $1,000,000
Additional Contribution
N/A
N/A
Excess Layer(s) Effective Date Expiration Date Notes
N/A N/A N/A N/A
ENDORSEMENTS (END-1)
Professional Liability Coverage
Per Claim Limit of Liability
Annual Aggregate (Increased Annual Aggregate Effective 09/01/01)
Deductible
Annual Contribl,ltion
Retro Active Date
Effective Date
Expiration Date
Original Inception Date
$ 1,000,000
$ 3,000,000
$ 1,000
$ 4,619
09/01/199112:01 AM
09/01/0912:01 AM
09/01/10 12:01 AM
10/1/1988
Additional Per Claim and Annual Aggregate Limit of Liability
in Excess of $1,000,000
Additional Contribution
N/A
N/A
Excess Layer(s) Effective Date Expiration Date Notes
N/A N/A N/A N/A
ENDORSEMENTS (END-1)
Sexual Misconduct Endorsement
See Endorsement Worksheet
ptcde052
TCDEC72
39538 Fund Year 09-10 - Renewal
Page 2 of 5
-.,..., J
B. LIABILITY COVERAGES (continued)
Gulf Bend MHMR Center
00009
Errors and Omissions Liability Coverage
Per Claim Limit of Liability
Annual Aggregate
Deductible
Annual Contribution
Retro Active Date
Effective Date
Expiration Date
Original Inception Date
Additional Per Claim and Annual Aggregate Limit of Liability
in Excess of $1,000,000
Additional Contribution
$ 1,000,000
$ 1,000,000
$ 2,500
$ 10,990
10/01/198812:01 AM
09/01/0912:01 AM
09/01/1012:01 AM
10/01/8812:01 AM
N/A
N/A
Excess Layer(s) Effective Date Expiration Date Notes
N/A N/A N/A N/A
.
ENDORSEMENTS(END-1)
Expanded Employment Practices
See Endorsement Worksheet
C.PROPERTYCOVERAGES
Coverage Basis All Risk (PR-1)
Valuation Method for Loss Adjustment
Real and Personal Property Replacement Cost (PR-2)
Mobile Equipment & Automobile Physical Damage Catastrophe Coverage Actual Cash Value
Blanket Limit Each Occurrence
Blanket Per Occurrence Deductible
$12,757,251
$. 5,000
Annual Contribution
Effective Date
Expiration Date
Original Inception Date
ENDORSEMENTS (END-1)
$ 17,493
09/01/0912:01 AM
09/01/1012:01 AM
Boiler & Machinery Endorsement
Flood Exclusion Endorsement
Flood Exclusion Endorsement
Not Elected
plcde053
39538 Fund Vear 09-10 - Renewal
TCDEC73
Page 3 of 5
""tI,., . '" .-.
D. AUTOMOBILE PHYSICAL DAMAGE COVERAGES
Gulf Bend MHMR Center
00009
Valuation Method
Property Coverage
Collision Deductible per Vehicle
Comprehensive Deductible per Vehicle
Specified Causes Deductible per Vehicle
Rental Reimbursement Coverage
Annual Contribution
Effective Date
Expiration Date
Original Inception Date
Actual Cash Value
As Scheduled
Varies by vehicle
Varies by vehicle
N/A
No
$ 14,753
09/01/0912:01 AM
09/01/10 12:01 AM
09/01/8912:01 AM
ptcde054
TCDEC74
Page 4 of 5
39538 Fund Year 09-10 - Renewal
(APD-l)
(APD-l )
(APD-l)
(APD-l)
."
Gulf Bend MHMR Center
00009
Footnotes
END-1
Reference individual endorsement worksheet for additional information.
LB-1
PR-1
PR-2
APD-1
GL Annual Aggregate Applicable to Products, Completed Operations,
Contractual and Personal Injury Coverages.
Windstorm Coverage - Named Storm Wind:
1. Tier 1 Windstorm: Windstorm coverage is excess of the maximum amount of coverage
available from the Texas Windstorm Insurance Association (TWIA) in the 14 eligible
counties designated as Tier 1, subject to a $4,000,000 minimum deductible per
occurrence per Location (Total TIV at location).
2. Harris County Windstorm: 2% per occurrence per Location (Total TIV at location)
deductible, subject to a $75,000 minimum deductible per Location (Total TIV at location)
shall apply for all locations in Harris County.
3. Location shall mean all properties, regardless as to the number scheduled with the Fl,md,
at the same physical address. Total insured values (TIV) at the location shall mean the
sum of all replacement cost values for buildings, contents and property in the yard
without regard to the sublimit, at the location.
4. For properties not located in Tier 1 or in Harris County, the member's standard
deductible will apply.
5. Named Storm Wind is defined as the direct action of wind, including wind driven rain,
storm surge, and flood when associated with or occurring in conjunction with a storm or
weather disturbance, which is named, by the National Weather Bureau, National Hurricane
Center or any other recognized meteorological authority as a numbered catastrophe.
Flood Coverage:
1. A minimum deductible of $100,000 applies to all locations situated between the 100 year
flood zone and 500 year flood zone as designated by the Federal Emergency
Management Agency (FEMA).
2. Flood Coverage is excluded for property located in the 100 year flood zone A, zone V
and zones prefixed A or V as shown in the most recent documentation published by the
Federal Emergency Management Agency (FEMA), or other qualified and recognized
authority in the absence of FEMA.
3. For property at locations other than the 100 year flood zones and other than situated
between the 100 year flood zone and the 500 year flood zone, the member's standard
deductible will apply for flood coverage.
4. The aggregate limit for loss by flood in any single Fund Year shall not exceed
$10,000,000 at all locations not situated within the 100 year flood zone A, zone V, and
zones prefixed A or V as shown in the most recent documentation published by the
Federal Emergency Management Agency (FEMA), or other qualified and recognized
authority in the absence of FEMA.
Coverage for buildings is provided on a replacement cost basis unless otherwise noted on the
building and contents schedule.
Coverages and deductibles may vary by vehicle. The automobile physical damage vehicle
schedule should be referenced to determine specific coverages and deductibles on a particular
vehicle.
ptcde055
TCDEC75
Page 5 of 5
39538 Fund Year 09-10 - Renewal
CONTRACT WITH CALHOUN COUNTY ECONOMIC DEVELOPMENT CORPORATION AND
AUTHORIZE COUNTY JUDGE TO SIGN:
A Motion was made by Commissioner Fritsch and seconded by Commissioner Lyssy to approve
the Contract with Calhoun County Economic Development Corporation and authorize Judge
Pfeifer to sign. Commissioners Galvan, Lyssy, Fritsch, Finster and Judge Pfeifer all voted in favor.
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ECONOMIC DEVELOPMENT AGREEMENT BETWEEN
CALHOUN COUNTY, TEXAS AND THE
CALHOUN COUNTY ECONOMIC DEVELOPMENT CORPORATION
This Agreement ("Agreement") is entered into effective the 1st day of January,
2010, between the County of Calhoun of the State of Texas, ("Calhoun County"), acting
by and through its duly authorized County Judge pursuant to Resolution duly approved
by the Commissioner's Court of Calhoun County, Texas and the Calhoun County
Economic Development Corporation ("CCEDC"), a Texas nonprofit corporation, acting
by and through its duly authorized President.
WHEREAS, CCEDC was incorporated under the Texas Non-Profit Corporation
Act, in order to stimulate, promote and develop business, industrial and manufacturing
enterprises, and to promote and encourage employment opportunities in Calhoun County;
and
WHEREAS, CCEDC is willing, in exchange for the consideration hereinafter
stated, to provide, or cause to be provided, the economic development services for
Calhoun County which are intended to expand the tax base and the employment base of
Calhoun County; and
WHEREAS, Calhoun County and CCEDC recognize that the CCEDC's economic
duties to Calhoun County will include obligations of providing on behalf of all of the
citizens of Calhoun County, Texas, economic development services, as well as the
frequent need for confidentiality regarding economic development activities being
coordinated with certain commercial and industrial prospects interested in possibly
locating in the Calhoun County area:
NOW THEREFORE, in consideration of the premises and covenants herein
contained, Calhoun County and CCEDC agree as follows:
1. Services. Calhoun County engages CCEDC to promote or develop new or
expanded business enterprises that create or retain primary jobs, and to pursue and
develop projects that promote or develop new or expanded business enterprises that
create or retain primary jobs in Calhoun County, Texas.
2. Independent Contractor. CCEDC is engaged as an independent contractor and
is not an officer, agent or employee of Calhoun County in regard to the operations and
actions of CCEDC. CCEDC shall select and employ such persons as it may deem
necessary to fulfill its obligations and responsibilities under this Agreement. Said
persons shall be at all times employees of CCEDC and shall not be officers, agents or
employees of Calhoun County. The power to hire, manage, supervise, direct, and
discharge such employees shall be vested solely and exclusively with CCEDC. Calhoun
...,~
County shall not manage, direct, supervise or discharge said persons or direct them in the
performance of their duties for CCEDC under this Agreement.
3. Operation. CCEDC shall encourage and promote economic development
within Calhoun County. CCEDC shall perform, among others, the following economic
development services:
a. Develop an overall plan and policy for an "economic development program;
b. Administer and conduct such a program in order to encourage and stimulate industrial
and commercial development;
c. Coordinate any Enterprise Zone, Reinvestment Zone, and Tax Abatement programs of
Calhoun County;
d. Prepare an annual budget for the administration of an economic development program;
e. Develop incentives and programs designed to assist and promote the efforts of local
businesses and entrepreneurs to form new business ventures or to expand existing
business markets;
f. Organize and conduct a coordinated marketing and sales plan to favorably influence
attitudes among local, national, and international business decision makers by drawing
attention to Calhoun County's strengths, targeting groups and senior executives most
likely to effectuate business relocations to and expansions within Calhoun County;
g. Design specific programs to disseminate on all levels, local, national, and international,
accurate and detailed information as to the business opportunities in Calhoun County, its
economic future, and its favorable business climate;
h. Implement public policy and programs' for interaction among the State of Texas,
Calhoun County, the cities of Port Lavaca, Point Comfort and Seadrift and other agencies
that would facilitate greater economic growth, providing advice on public policy and
budgetary priorities, tax abatement incentives, and desirable regulatory changes likely to
achieve more business relocations and expansions in Calhoun County; and
i. Supply appropriate information to any other local economic development organization
or business enterprise.
4. Consideration. Calhoun County agrees to pay CCEDC the sum of $10,000.00
for providing the services described in this agreement. The sum shall be due and payable
when this Agreement has been executed by all parties.
5. Use of Funds. It is expressly understood and agreed by Calhoun County and
CCEDC that all funds shall be used solely for the public purposes of developing and
diversifying the local economy.
6. Financial Records. CCEDC shall maintain complete and accurate financial
records of each receipt and expenditure made by CCEDC. Upon request of the
Commissioner's Court of Calhoun County, CCEDC shall make records of such
expenditures available for inspection and review. The Commissioner's Court of Calhoun
County or its duly authorized representative may, upon reasonable notice, audit all books
2
and records of CCEDC pertaining to economic development program funds. CCEDC
shall be required to keep such records available for such purpose at least two years after
the expiration of this Agreement.
7. Coded Financial Information. Where determined necessary by CCEDC in
order to avoid prejudicing the opportunity to attract new and additional industry to
Calhoun County or to accomplish the expansion of existing industry, it shall be
acceptable to use a coding system in connection with the records and reports required
under this agreement in order to temporarily keep confidential the identity of such
industrial enterprises. In this connection, however, details and specific information
regarding all activities under the economic development program, including the identity
of all enterprises involved, shall be maintained by CCEDC and shall be available to the
auditors in performing any audit described hereinafter of the funds involved in the
economic development program. The identification of the names of these enterprises to
the auditor shall not waive the confidentiality of those enterprises or otherwise allow or
require disclosure.
8. Audit. In addition to the hereinabove required reports covering activities and
expenditures of CCEDC, if requested, a certified audit by an auditor mutually agreeable
to Calhoun County and CCEDC, of CCEDG funds and expenditures shall be provided to
Calhoun County within 180 days of the closing of CCEDC's fiscal year. The auditors
performing the above described audit shall have access to and the right to examine all
records and accounts directly related to the program and such other CCEDC records and
accounts as may be reasonably necessary to conduct and complete its audit. The audit
report will not report the sources of contribution other than the general category of
private contributors; however, any irregulaFity in private contributions may be reported.
Should either the independent audit or, if appealed, a decision of any court of competent
jurisdiction in the State of Texas determine that funds provided to CCEDC by Calhoun
County under this Agreement have been spent improperly, Calhoun County, at its sole
option, may immediately terminate this Agreement.
9. Parties in Interest. This agreement shall bind and benefit Calhoun County and
CCEDC. This agreement shall not bestow any rights upon any third parties, other than
those parties listed in this paragraph.
10. Mutual Cooperation. Calhoun County and CCEDC agree to cooperate fully
with one another and to coordinate their efforts in order to ensure that the conditions of
this Agreement are fulfilled and to obtain optimal economic development within Calhoun
County. In order to expedite the conditions of the Agreement and to effect economies of
scale, the parties agree to keep each other fully informed of their plans, operations, and
activities and wherever possible to coordinate fully their efforts to promote and otherwise
undertake economic development within Calhoun County.
3
~
11. No Obligation for Additional Funds. Nothing in this Agreement shall in any
way place any obligation on any other funds or sources of revenue of Calhoun County
and nothing herein shall create any lien or other obligation on any other sources of
income, revenues or funds of Calhoun County.
12. Ability to Contract with Others. Nothing in this agreement shall in any way
limit CCEDC from contracting with any other persons or organizations for economic
development within the local area.
13. Notices. All written notices must be made by certified mail, return receipt
requested, and shall be addressed to the applicable parties, or their successors in office, at
the following addresses:
Arlene Marshall, President
Calhoun County Economic
Development Corporation'
131 N. Virginia St.
Port Lavaca, Texas 77979
County Judge of Calhoun County
Calhoun County Courthouse
211 S. Ann Street
Port Lavaca, Texas 77979
14. Term. The term of this Agreement shall be from January 1, 2010 through
December 31, 2010 unless sooner terminatep as provided in paragraph 8 hereinabove or
unless extended in writing by Calhoun County.
15. Survival of Terms and Conditions. The terms, covenants, obligations and
conditions of this Agreement shall survive this Agreement, for a period of two years from
the termination of this Agreement or any extension of this Agreement.
Executed in duplicate originals to be effective the 1st January, 2010.
(Signature page follows)
4
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County of Calhoun, State of Texas
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ATTEST:
Anita Fricke, County Clerk
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Deputy
Calhoun County Economic
Development Corporation
ATTEST:
Ceanne Hons
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Board Secretary
5
COUNTY REPORTS:
The County Tax Assessor/Collector presented her monthly report for the month of December
2009 and the 2009 Sheriff's Department Racial Profiling report and after reading and verifying
same, a Motion was made by Judge Pfeifer and seconded by Commissioner Fritsch to accept said
reports as presented. Commissioners Galvan, Lyssy, Fritsch, Finster and Judge Pfeifer all voted
in favor.
SUMMARY
TA9@ASSESS.0Rl<GeI5l!oEe~~y.A~~
~~R-~_.gEGEMB&Rc:::'."..",.".~-/~,,;",-;;. ".
Title Certificate Fees $ 6,773.00
Title Fees Paid TXD01 $ 4,168.00
Title Fees Paid County Treasurer Salary Fund $ 2,605.00 .
Motor Vehicle Registration Collections $ 102,607.24
Disabled Person Fees $ 20.00
Postage $ 154.00
Paid TXDOT $ 97,456.26
Paid TXDOT SP $ 375.67
Paid County Treasurer $
Paid County Treasurer Salary Fund $ 4,763.95
First Data (IBC) Credit/Debit Card Convenience Fee $ 185.36
Motor Vehicle Sales & Use Tax Collections $ 383,745.51
Paid State Treasurer $ 383,745.51
Special Road/Bridge Fees Collected $ 14,752.00
Paid TXDOT - RIB Fees $ 442.56
Paid County Treasurer - RIB Fees $ 14,309.44
Texas Parks & Wildlife Collections $ 2,31'8.00
Paid Texas Parks & Wildlife $ 2,086.20
Paid County Treasurer Salary Fund $ 231.80
State Beer & Wine Collections $ 2,820.00
Paid Tx Alcoholic Beverage Commission $ 2,773.00
Paid County Treasurer, Salary Fund $ 47.00
County Beer & Wine Collections $ 1,885.00
Paid County Treasurer, County Beer & Wine $ 1,790.75
Paid County Treasurer, Salary Fund $ 94.25
Renewal Fees for County Beer & Wine $ 8.00
Paid County Treasurer - Renewal F $ 8.00
Additional Postage - Vehicle Registration $ 6.00
Paid County Treasurer - Additional Postage $ 6.00
Interest earned on P&W $ 12.96 and $ 12.96
Refund $ Accounts
Paid County Treasurer - In1. on P&W & Ref $ 12.96
Interest earned on Office Account $ 909.96
Paid county Treasurer - Nav_ East $ 3.11
Paid County Treasurer - all other districts $ 906.85
Business Personal Property - Misc. Fees $ 1,219.98
Paid County Treasurer $ 1,219.98
EXCESS FUNDS $
Paid County Treasurer $
Overpayments $ 3711.11
Current Tax Collections $ 1,468,928.53
Penalty and Interest - Current Roll. $ 'I
Discount for early payment of taxes $ 18,283.70
Delinquent Tax Collections $ 23,30~.97
Penalty & Interest - Delinquent Roll $ 4,78~.15
Collections for Delinquent Tax Attorney $ 4,032.00
Advance - FM & L Taxes $ 4.49
Advance - County AdValorem Taxes $ 1,294,371.54
Paid County Treasurer - Nav. East $ 5,411.92
Paid County Treasurer - all other Districts $ 179,323.11
paid'County Treasurer - Delinq Tax Atty_ Fee $ 4,032.00
Payment in Lieu of Taxes $
Paid County Treasurer - Navig_ East $
Paid County Treasurer - All other Districts $
!i
Boat/Motor Sales & Use Tax Collections $ 12,677.38
Paid State Treasurer $ 12,043.51
Paid County Treasurer, Salary Fund $ 633.87
Special Fanners Fees Collected $ 60.00
Paid State Treasurer, Farmers Fees $ 60.00
Hot Check Collection Charges $ 30.00
Paid County Treasurers, Hot Check Charge $ 30.00
Overage on Collection/Assessing Fees $
Paid County Treasurer, overage refunde $
Escheats $
Paid County Treasurer-escheats $
TOTAL $ 2,031,42~.79 $ 2,031,425.79
TOTAL OF ABOVE RECEIPTS PAID TO COUNTY
$
2,031,425.79
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, GLORIA A. OCHOA
Tax Assessor-Collector
MICHAEL J. PFEIFER
County Judge
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ACCOUNTS ALLOWED - COUNTY:
Claims totaling $220,312.56 for 2009 and $1,136,750.94 for 2010 were presented by the County
Treasurer and after reading and verifying same; a Motion was made by Commissioner Fritsch and
seconded by Commissioner Lyssy that said claims be approved for payment. Commissioners
Galvan, Lyssy, Fritsch, Finster and Judge Pfeifer all voted in favor
. ACCOUNTS ALLOWED - MEMORIAL MEDICAL CENTER:
Claims totaling $2,351,209.18 were presented by the County Treasurer and after reading and
verifying same; a Motion was made by Commissioner Fritsch and seconded by Commissioner
Lyssy that said claims be approved for payment. Commissioners Ga'lvan, Lyssy, Fritsch, Finster
and Judge Pfeifer all voted in favor.
ACCOUNTS ALLOWED - INDIGENT HEAL THCARE:
Claims totaling $180,718.39 were presented by the County Treasurer and after reading and
verifying same; a Motion was made by Commissioner Fritsch and seconded by Commissioner
Lyssy that said claims be approved for payment. Commissioners Galvan, Lyssy, Fritsch, Finster
and Judge Pfeifer all voted in favor.
BUDGET ADJUSTMENTS:
A Motion was made by Commissioner Fritsch and seconded by Commissioner Lyssy that the
following Budget Adjustments be approved. Commissioners Galvan, Lyssy, Fritsch, Finster and
Judge Pfeifer all voted in favor.
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EXECUTIVE SESSION:
The Court, being in open session, in compliance! with the pertinent provisions of the Vernon's
Texas Code Annotated, Government Code, Section 551, Subchapter D, the County Judge as
presiding officer, publicly announced at 10:27 a;m. that a closed session would now be held
under the provision of Section 551.071; to seek'the advice of its attorney about pending or
contemplated litigation or on a matter in which the duty of the attorney to the governmental
body under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas clearly
conflicts with the Texas Open Meetings Act; Krueger vs. Calhoun County (Arbitration).
The County Judge further publicly announced that before any final action, decision or vote is
made regarding the subject matter of said closed session; this meeting would be reopened to the
public.
The Court then went into closed session. At the end of the closed session, the meeting was
reopened to the public at 11:10 a.m. There was no action taken.
Court was adjourned at 11:11 am