2003-05-22
REGULAR MAY TERM
HELD MAY 22, 2003
THE STATE OF TEXAS Ii
Ii
COUNTY OF CALHOUN Ii
BE IT REMEMBERED, that on this the 22nd day of May,
A.D., 2003 there was begun and holden at the 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:
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Michael J. Pfeifer
Roger C. Galvan
Michael J. Balajka
H. Floyd
Kenneth W. Finster
Shirley Foester
County Judge
Commissioner,pct.l
Commissioner,Pct.2
Commissioner,Pct.3
Commissioner,Pct.4
Deputy County Clerk
Thereupon the following proceedings were had:
Brother Gerry Davis, with the First Baptist Church of Port
O'Connor, gave the Invocation and Conrnissioner Finster led
the Pledge of Allegiance.
APPROVAL OF MINUTES
A Motion was made by Commissioner Finster and seconded by
Commissioner Balajka that the Minutes of April 24, 2003,
May 6, 2003 and May 8, 2003 be approved as presented.
Commissioners Galvan, Balajka, Floyd, Finster and Judge
Pfeifer all voted in favor.
M:Lchael J, . Pfeifer
County Judge
H. Floyd
Commissioner, Pet. 3
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Roger C. Galvan
Commissioner, Pet. 1 .
Kenneth W. Finster
Commissioner,Pet. 4
Sh:l1;ley Foester
Deputy County Clerk
Michael J. Balajka .
CommiSSiOllet, Pet 2
EXECUTIVH SESSION APPRAISED VALUE OF THE CARBIDE
GRAPHITE GROUP. INC. SEADRIFT COKE PLANT
The Court, being in open session, the County J~dg~, as ,
presidng officer, publicly announ~ed that Comm~ssloners
Court would go into a closed meetlng as authorlzed by.
Vernon's Texas Codes Annotated, Government Code, Sectlon
551, Subchapter D; The ~pecifi~ sect~on ?f the Governm~nt
Code permitting dlscuSSlon/dellberatlon In Closed Meetlng
is Section 551.072 which authorizes a government body may
conduct a closed meeting to deliberate the purchase,
exchange, lease, sale or val~e of real property If
deliberation in an open meetlng would have a det~lmental
effect on the position of the governmental body In
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negotiations with a third party. Discuss appraised value
of The Cab ide Graphite Group, Inc. Seadrift Coke Plant.
The Judge further publicly announced that before any final
action, decision or vote is made regarding the subject
matter of the said closed session, this meeting would be
reopened to the public. The Court then went into closed
session at 10:02 A.M.
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The Judge reopened the meeting to the public at 10:31 A.M.
Mr. Drew Hahn, Chief Appraiser of Calhoun County Appraisal
District, reported that Seadrift Coke owes taxes for the
years 2001 and 2002 to the County and School District. He
said they were in negotiations with them in Austin
yesterday. There is a potential buyer for that site;
Unical, for $4 Million. Discussions surrounded how much
of that actually would go to the debtors. The bankruptcy
court will have to act on that amount. They are
continuing negotiations to reach a settlement on that
issue. Hopefully, when completed, Unical will be able to
hire back 80 to 100 people and get the plant runnin~
again. Worst case scenario would be that they are In
Chapter 11 now but could convert to Chapter 7 and we would
be totally out of the picture. Negotiations are still
going on before the banl<ruptcy court.
No action was taken by the Court regarding the subject
matter of the closed session.
KING FISHER BRACH IN PORT O'CONNOR - AUTHORIZE USE BY
FIRST BAPTIST CHURCH OF PORT O'CONNOR FOR WRESTLING
EXHIBITION AND PATRIOTIC CONCERT
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A Motion was made by Commissioner Finster and seconded by
Commissioner Balajka to authorize First Baptist Church of
Port O'Connor to use King Fisher Beach in Port O'Connor on
Saturday, May 31, 2003 for a wrestling exhibition and
patriotic concert. Commissioners Galvan, Balajka, Floyd,
Finster and Judge Pfeifer all voted in favor.
GENERAL DISCUSSION - DESIGNATION OF PRIVATE/PUBLIC ARRAS
OF WATER LINES
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Billy Powers expressed concern regarding a lot of property
being sold in Calhoun County; big ranches being split up
which border the salt water. Mr. Powers said the law says
you put up a purple stake and that designates the property
line. Powderhorn Ranch is selling tracts on FM 1289 by the
bridge. They could come right to the water and put up a
purple stake as the property line. He asked the County to
look into this.
Commissioner Finster said he talked to several agencies.
The last report, which seems to be the most acurate, is
G&W is doing some surveying with a registered State land
surveyor from Corpus for the purchasers. They are the
ones who designate where the property line is when it
comes to the water boundaries. Commissioner Finster also
spoke with the Texas Parks and wildlife Department and has
a call in to the General Land Office. This has been a
controversial subject for many years and if you have a
fire arm now and get caught behind there, it is a felony
offense. The question seems to be around the public's
rights; public access to the area. In talking with
various agencies, they all reported back to the registered
land surveyor out of Corpus.
Though this is not an agenda item today, Commissioner
Finster asked the County Judge'S office to contact the
land surveyor in Corpus and have him give a report on what
exactly is happening in the powerhorn Lake area as there
is thought to be quite a bit of public water in there.
Commissioner Balajka said you are fine as long as you are
in a boat, not walking, don't anchor and don't touch
bottom. Mr. Powers said it don't work everywhere else.
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Commissioner Finster said information will be obtained
from the proper agency which desi~nates whether that is
private or not. Judge Pfeifer sa~d he would make contact
with the surveyor's office.
BIDS AND PROPOSALS - COUNTY DEPOSITORY
Rhonda McMahan, County Treasurer, said the recommendation
of First Southwest Management firm of Austin, for C~unty
Depository is International Bank of Commerce as the~r
overall structure is better, interest rate is higher and
there are no service fees.
A Motion was made by Comr~iGsioner Galvan and seconded by
Commissioner Floyd to continue with International Bank of
Commerce as depository of selected funds of Calhoun County
for two years with the option to sign for a~ additional
two years without have to re-b~d and author1ze the County
Judge to sign the Agreement. Commissioners Galvan,
Balajka, Floyd, Finster and Judge Pfeifer all voted in
favor.
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DEPOSITORY AGREEMENT
STATE OF TEXAS
.
.
.
KNOW ALL MEN BY THESE PRESENTS
This Depository Agreement is made and entered into by and between Calhoun County, Texas, a
political subdivision of the State of Texas, hereinafter called "the County", and International Bank of
Commerce (IBC), a commercial bank selected as the County's Depository Bank by the Commissioners
Court of Calhoun County, hereinafter called "Depository Bank".
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WHEREAS, TRr Bank was on the c22th day of f1iJ' ' 2003, duly and
legally selected hy the Commissioners Court of Calhoun County as the County's rYepository Bank; and
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WHEREAS, the selected County Depository Bank must qualify by pledging collateral as required
by the Commissioners Court of Calhoun County;
NOW, THEREFORE. the County and the Depository Bank mutually agree as follows;
I.
A. The Depository Bank shall qualify as the County's Depository Bank by pledging
and providing within 15 days after execution of this Agreement, security for the funds to
be deposited by the County with the Depository Bank. The Depository Bank may secure
these funds, at the. option of the Commissioners Court of Calhoun County, by:
1. Personal bond; surety bond; bonds. notes, and other securities;
certificates of deposit; or a combination of these methods or
2. Investment securities or interests in them as provided by the
Texas Government Code Chapter 2257. The Public Funds Collateral Act. Any
and all collateral pledged and/or provided by the Depository Bank as of the date
of execution of this Agreement shall be set out in Appendix A of this Agreement.
A. Any and all collateral (102% of Market value) required under this Agreement
pursuant to the Texas Government Code shall be subject to audit at the Depository Bank
at any time by the County's Staff or representative of the Connty.
B.
All collateral pledged to secure the public funds must be maintained at an
independent third party safekeeping agent. Depository safekeeping receipts shall be
furnished evidencing the pledged securities required in the County's possession on the
date of a deposit. Detailed information on the Depository independent third party
safekeeping agent shall be set out in Appendix A of this Agreement.
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C. The Depository Bank may withdraw collateral when the market value of pledged
securities exceeds the amount of deposits, provided that collateral will then be increased
when the market value is less than the deposits. The right of substitution of securities
shall be granted. provided the securities substituted meet with the requirements of
applicable law, and are prior approved by the County Treasurer.
D. The parties to this Agreement further agree as follows:
1.
That the above hound pledgor, lBe Bank, shall
faithfully do and perform all the duties and obligations devolving on it by law as
the County's Depository of Calhoun COImty, and shall upon presentation payT
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checks drawn on it by the County Staff or representatives of the County on
"checking" accounts in such depository; and shall faithfully keep said County
funds, and accounts for same according to law, and shall faithfully keep said
County funds, and accounts for same according to law, and shall faithfully keep
and account for all funds helonging to the County which are deposited with it
under the requirements of the laws of Texas. and sban include State funds
collected by the Tax Collector, and shall pay the interest at the time and at the
rate hereinafter stipulated and in portions of the proposal specifications
contained in the Request For Proposals For Depository Contract filled in the
Bank and accepted by the Commissioners Court of Calhoun County, and shall, at
the expiration of the term for which it has been chosen, turn over to its
successors all funds, property, and other things of value, coming into its hand as
depository. Until thiS/Agreement expires, the securities specified in part A shall
remain in full force and effect. Once this Agreement expires, the above
specified securities shall be returned to the Depository Bank; provided. however,
the Commissioners Court of Calhoun County may sell at public or private sale
with or without notice to the Depository Bank, the securities, or any part thereof,
and apply the proceeds or sale to the satisfaction of any indebtedness arising by
virtue of the violation of any or all terms, provisions or conditions of this
Agreement.
2.
The above provision is given in addition to any remedy the
County may have in any suit brought on this Agreement in any court of this
Stale.
3.
The Depository Bank hereby represents and certifies co
Calhoun County that any securities pledged pursuant to part A above shall be
offered at their fair market value, and not at face value.
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II. COUNTY SPECIFICA TION/RESPONSE SUBMITTED BY
IBC
BANK
The following terms, conditions, and provisions are contained in:
1. Specifications for County Depository Bank issued by the Commissioners Court of Calhoun County
in the "Request For Proposals For Depository Contract"; and
2. Portions of the "Request For Proposals For Depository Contract" filled out by the Bank submitted
to the Commissioners Court of Calhoun County. The terms, conditions, and provisions of said
specifications and portions of the Request For Proposals For Depository Contract filled out by the
Depository Bank are incorporated into this Agreement by reference and are hereby made a part of
this Agreement said services and the corresponding fees are not subject to change, without specific
County approval, through the term of this Agreement.
III. TERM
This Depository Agreement shall commence On June 1,2003, and shall continue until 60 days after
the time fixed for the next selection of a Depository Bank. This Agreement shall terminate not later than
May 31, 2005.
IV. INVESTMENT SERVICES
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The Commissioners Court of Calhoun County reserves the right to direct the County Staff or
representatives of the County to withdraw any amount of funds of the County that are deposited in the
County Depository and that are not required immediately to pay obligations of the CoUnty; and invest those
funds as authorized by the Texas Government Code Chapter 2256.
In accordance with the increase and decrease of County deposits (time/demand), an amount equal
to 102% of eligible securities (market value) must be pledged. The County will require a routing monthly
reporting of the market value of pledged collateral. The Depository Bank is responsible for notifying the
County of any deficiencies in its pledged collateral on a daily basis, as well as providing additional
collateral to the safekeeping financial institution to cover the deficiency.
V. INTEREST RATES
For all funds of Calhoun County the Depository Bank sholl pay a rate of interest of (calculated on
an actual day/365-day year basis);
FIXED RATE
Time Period
07 -
30
60
90
29 days
59 days
89 days
179 days
180 days or more but less than 1 year
Rate of Interest
1. 75%
2.00%
2.10%
2,20%
2.25%
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VARIABLE RATE
07
30
60
90
]80
29 days = 91 day
59 days = 91 day
89 days = 91 day
179 days = 6 mnth
365 days = 1 year
Treasury Bill Equivalent Yield Plus ---..lL Basis Points
Treasury Bill Equivalent Yield Plus ---..lL Basis Points
Treasury Bill Equivalent Yield Plus ~ Basis Points
Treasury Bill Equivalent Yield Plus ~ Basis Points
Treasury Bill Equivalent Yield Plus ~ Basis Points
The bond equivalent yield of the most recent u.s. Treasury Bill auction, rounded to two decimal
places. will be used to determine the rate of interest for the current month.
INTEREST EARNING CHECKING ACCOUNTS
Variable Interest Rate for Interest Earning Checking Accounts for all County bank accounts except
for Imprest Grant Accounts. Interest to be calculated as per the formula detailed in Appendix Band
compounded monthly. (proposing Bank should explain in detail the formula to determine the Checking
account interest rate in Appendix B of this Agreement.)
VI. BANKING SERVICES REQUIRED
The Depository Bank shall provide the following services to the County pursuant to this
Depository Agreement:
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1. Certificates of Deposit - Deposit instrument written for specified terms with a
minimum a110wablemarurity of seven (7) days. Certain regulatory penalties are imposed
on early withdrawal.
2. Investments - Investments shall be all transactions authorized by the County.
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3. Letter of Transfer - Written authorization by Calhoun County, Texas to "debit"
or "credit" the appropriate accounts listed on a form for the transfer of monies between
accounts designated by the County.
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4.
Checks - All checks will be a laser check prepared in accordance to County
specifications.
5. Interest-Bearing Checking - An interest-bearing "checking" account. Banks are
legally required to reserve the right to impose a seven (7) days notice of withdrawal
requirement. Unlimited number of checks or transactions allowed.
6. Earnings Credit - As per outlined in Appendix E.
7. Imprest Grant Accounts - Non-interest bearing accounts with the sale purpose of
maintaining Grant Funds. Deposits will be from the graining agency. Disbursements will
be issued by the County. No banking or service fees are to be accessed.
8. The Depository Bank shall provide the County with Designated Bank Contact
Personnel whose responsibilities shall be to serve as liaisons between the Depository
Bank and the County. (Appendix C).
9. The Depository Bank shall provide the County with a statement of account
balance on the 5tb., and, in no case, later than the 10th day of the following month, on each
account. Monthly account statements with all corresponding checks, debit and credit
memo, etc. Sorting all paid checks during the month into check number sequence for
each account. This statement shall indicate the number of checks, drafts, collected
balance for the month and other items on which charges are based.
10.
The Depository Bank agrees to reconcile any differences in account balances
within a period of time mutually agreeable to both the County and the Depository Bank
following notification of such discrepancies.
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The charges per unit for each service listed above are set out in Appendix D to this
Agreement. Calhoun County may select hard dollar, compensating balance or a
combination of both methods to compensate the Depository Bank for the banking services
provided pursuant to this Agreement. Payment of services made by balances and earnings
credit shall be based on the formula detailed in Appendix E, except as ordered by a Court
of law, maintained with the Depository Bank for the duration of this Agreement.
VII. GENERAL PROVISIONS
1. This Depository Agreement shall be subject to:
a. All applicable banking statutes enacted by the Congress of the United States;
b. All applicable federal banking rules or regulations promulgated by the Board of
Directors of the Federal Deposit Insurance Corporation or its successor(s); and
c. All applicable Texas banking statutes. including but not limited to all County
depository statutes.
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I. To qualify as the County Depository, selected Depository Bank shall provide collateral in the
form{s) of a pledge andlo! bond as required by the County and in the amount(s) as required by the
County pursuant to the County depository statutes.
2. At any time during the term of this Depository Agreement, the County's Depository Bank shall, as
required by the County, provide an additional bond(s) or a new bond(s) as provided for in the
Texas Government Code.
3. The Depository Bank shall provide the services specified under this Agreement and all appendices
attached to this Agreement in accordance with all applicable federal statutes, including but not
limited to, the County depository statutes.
4. The Depository Bank shall be in default of this Agreement if:
a. The Bank fails to perform its obligations pursuant to this Agreement and all
appendices incorporated by reference into tbis Agreement in accordance with the terms
and conditions of this Agreement and all appendices incorporated by reference into this
Agreement.
b.
The Bank fails to perform its obligations pursuant to this Agreement in
accordance with all applicable federal statutes and regulations and all applicable federal
statutes and regulations and all applicable Texas bank statutes, including but not limited
to, the County's depository statutes.
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c. The Bank becomes insolvent or takes any steps towards bankruptcy; or
d. The Bank fails to provide the pledge(s), hond(s), and/or other collateral. as
required by the County.
I. Upon the Depository Bank's failure to provide the pledge(s), bond(s), and/or other collateral. as
required by the County. the County may immediately terminate this Depository Agreement and
select another County Depository Bank in accordance with the applicable County depository
statutes.
7. If the Depository Bank defaults in its performance of this Agreement, the County shall be entitled
to any and all rights and remedies allowed under applicable Federal, State and Local law (statutes,
cases, regulations, and ordinances).
.8. The rights and remedies to which the County is entitled for any and, all default under this
Agreement are cumulative, and the use by the County of anyone or more rights of remedies shall
not preclude or waive the County's rights to use and all other rights and remedies allowed under
Federal or Texas. law.
9. The waiver by the County of any default by the Depository Bank shall not constitute a continuing
waiver of such default or be a waiver of any subsequent default of the same kind or any subsequent
default of the same kind or any subsequent default of a different character.
10.
The County shall be entitled to any and all rights and remedies allowed under Federal and Texas
law. The provision of such liquidated damages shall not be construed to limit in any way the rights
and remedies to which the County is entitl~d in the event the Bank fails to give bonds as required
bylaw.
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11. Pursuant to this Agreement, the Depository Bank shall p:,ovide the services designated in this
Agreement and all appendices incorporated by reference into this Agreement at the authorization
or direction of the Commissioners Court of Calhoun County.
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12. The County and the Depository Bank agree and stipulate that all obligations under this Agreement
are fully performable in Calhoun County, Texas, and venue for any dispute arising out of this
Agreement will lie in the appropriate court of Calhoun County, Texas.
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13.
The Depository Bank shall be responsible and liable to the County for any errors of commission or
omission committed by the Bank in the performance of its obligations pursuant to this Agreement
and pursuant to all appendices incorporated by reference into this Agreement.
14. The Depository Bank agrees to indemnify and hold the County harmless from any and all claim or
claims. including attorney's fees, arising in whole or in part out of or resulting in whole or in part
from any intentional or negligent acts, or omission(s) by the Bank, its officials, agents, or
employees with respect to the Bank's performance of its obligations pursuant to this Agreement
and all appendices incorporated by reference into this Agreement.
15. If the Depository Bank defaults on this Agreement by becoming insolvent or taking any step
toward bankruptcy, or if for any reason, on account of the deposit of the trust funds in the hands of
the County with the depository, and part of said funds are lost, the Depository Bank shall save and
hold harmless the COWlty from any and all claims, including attorney's fees, from any and all
owners of trust funds deposited by the County in said Depository Bank.
16. All notices to any party to this Agreement shall be in writing, and may be hand delivered or sent
postage prepaid by certified mail, return receipt requested.
Notice shall be sent to the County pursuant to this Agreement shall be sent by mail or hand
delivered to the following address:
Calhoun County
Calhoun County Courthouse
3 cd Floor
211 South Ann Street
Port Lavaca, Texas 77979
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Notice to the County will not be effective unless a copy of such notice is sent by mail to the
County Attorney's Office at the following address;
Dan W.-Heard
CalhOlDl County Courthouse
211 South Ann Street
Port Lavaca, Texas 77979
All notices sent to the Depository Bank pursuant to this Agreement shall be sent to the address
designated by the Bank in their application.
17. The Depository Bank shall not assign any of its duties or obligations pursuant to this Agreement to
any other individual bank, banking corporation, banking association. or any other financial
institution without the consent of the County.
18. Subject to the prohibition of assignment as stated in paragraph 17, the terms and provisions of this
Agreement are binding upon the Depository Bank, its officials, agents, representatives, and their
successors and assigns, and Calhoun County, its officials, agents, representatives, and their
successors and assigns.
,
19. The terms and provisions of this Depository Agreement may not be amended or modified, unless
such amendment or modification is in writing, dated subsequent to the date of this Agreement, and
duly executed by the County and the Depository Bank. No agent. employee, official, or
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representative of the County has the authority to amend or modify the tenns of this Depository
Agreement except in accordance with such express authority as may be granted by the
CoIIJIDissioners Court of Calhoun County.
20. In case any onc or more of the provisions contained in this Agreement shall for any reason be held
to be invalid, illegal, or unenforceable in any respect. such invalidity, illegality or unenforceability
shall not effect any other provision contained in this Agreement and this Agreement shall be
construed as if such invalid, illegal, or unenforceable provision had never been contained in this
Agreement.
21. This Agreement constitutes the entire agreement between the Depository Bank: and Calhoun
County, Texas, and this Depository Agreement supersedes any prior understandings or written or
oral agreements that the County may have had with the Bank with respect to the suhject matter of
the Agreement.
22. As used in this Agreement, the terms "application form" and "specifications" are synonymous.
23. The Depository Bank shall be subject to the provisions of the Texas Government Code during the
term of this Agreement and shall continue to be subject to the provisions of said statutes even if
said statutes are recodified.
24.
The Depository Bank shall not discriminate in its employment practices against any person on the
basis efrace, color, religion, sex, national origin, or handicap.
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IN WITNESS WHEREOF. the parties hereto have caused this agreement to be signed in triplicate by their
duly authQrized officers, one of which shall be filed in the office of the County.
EXECUTED this
14th dayof May
,2003.
M'"",:~."~: :J!ti:" ,AN<
rti1arrrM.r/, Pk:JJ ~f/lr/Ji,tUs
President, Board of Directors
(Bank Seal)
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CALHOUN COUNTy, TEXAS
BY: 7~~ 9'~
Michael J. Pfeifer, Co nty udge
DATE; S - Z'L -tLj
ATTEST:
t:~z-~if~
Anita Fricke, County Clerk
(County Seal)
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APPENDIX A
SECURITIES PLEDGED AS COLLATERAL
(VALUES AS OF 04/30/2003)
l:.US1E SECURITY DESCRIPTION RATE MATURITY CURRENT PAR VALUE MARKET VALUE
31371KHM6 FNMA POOL #254136 5.50% 12/01/2008 $5,563,483.00 $5,786,022.32
3128DVEY5 FHLMC POOL #D91951 7.00% 02/01/2018 $303.264.54 $319.185.93
31335HGM9 FHLMC ARM POOL #90204 7.00% 02/01/2018 $415,010.70 $436.798.76
31371HX60 FNMA ARM POOL #252801 7.00% 09/01/2019 $2,901,540.00 $3.053,870.85
31371HS66 FNMA ARM POOL #252641 7.00% 06/01/2019 $1,183,052.40 $1.245,162.65
31378AB62 FNMA ARM POOL #392561 7.00% 11/01/2027 $451,756.32 $469.826.57
31295NRB6 FNMA ARM POOL #789482 7.00% 06/01/2032 $7.276.223.00 $7.530.890.81
31295NQR2 FNMA ARM POOL #789464 7.00% 05/01/2032 $6,519.780.00 $6.715,373.40
31371KRV5 FNMA POOL #254400 5.50% 06/01/2009 $6,501,808.00 $6.761.880.32
31348SJ39 FMAR 785682 7.00% 11/01/2026 $556,160.81 $567,284.02
TOTALS $31,672,078.77 $32,886,295.63 e
INDEPENDENT THIRD PARTY SAFEKEEPING AGENT
NAME:
Federal Reserve Bank of Boston, MA
ADDRESS:
Mailing
Joint Custody - S2
600 Atlantic Avenue
Boston, MA 02106-2076
Physical
Same
ACCOUNT NAME
International Bank of Commerce
ABA#
114902528
CONTACT PERSON
Ms. Sonia Ortega
Telephone: 1-800-327-0147
Fax: 1-617-973-3619
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APPENDIX C
DESIGNATED BANK CONTACT PERSONNEL
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The bank shall provide a list of contact personnel within the bank who are qualified to
provide information and assistance in the following areas on a daily basis:
A. General Information - Cindy Partida, James Abraham, Richard Bothe
B. Investments and Safekeeping - James Abraham, Richard Bothe
C. Bookkeeping/Wire Transfers - Cindy Partida, James Abraham, Richard Bothe
D. Head Teller - Connie Martinez
In addition, the bank will provide a summary of qualifications for such designated
personnel, indicating position, length of service, and a brief summary of their
professional experience. Such information shall be updated as designated personnel are
changed over time.
James Abraham - Vice President and Cashier and Trust Officer; functions as Senior
operation's officer; employed by mc for thirteen years. Prior to bank employment,
utilized his accounting degree working for a local public accounting firm.
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Richard Bothe - President; employed by mc for nine years. Responsible for day-lo-day
management of bank. Has thirty-eight years of banking experience, including thirty-one
in a Senior management capacity. Also holds NASD Series 7 license.
Cindy Partida - Lobby Operations, Customer Service Officer; employed by !BC for
twenty-three years. Responsible for daily management of all new account and customer
service operations. Has a broad range of experience in new accounts, bookkeeping, wire
transfers and account management.
Connie Martinez - Assistant Cashier; employed by mc for twenty-two years.
Responsible for supervision of all teller functions. Has an in-depth knowledge of teller
operations.
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APPENDIX D
COST OF MAJOR SERVICES TO BE PROVIDED
Services for Two Year Period
June 1, 2003 througb May 3 J, 2005
Est. Volume Unit
Service Per Month Cost Total
1. Credits Posted 289 0 $0
2. Debits Posted 2.009 0 $0
3. Deposit Items 525 0 $0
4. Incoming Wire Transfers I 0 $0
5. Outgoing Wire Transfers 0 $0
6. Return Items 5 0 $0
7. Rolled Coins I 0 $0 e
8. Monthly account analysis for 40
accounts, plus a summary analysis
of all accounts. The analysis should
list all services, charges (per unit
and total amounts) and activity
volumes. 0 $0
Total Est. Cost of Services for I Month
$0 00
(Forward this Total to "Appendix
E and F')
MISCELLANEOUS CHARGEABLE ITEMS;
Service
ego Annual Calendar of Banking Hours
Bank Desk Pads
Cost
No charge
I. Money Deposit Bags
2. Bank Deposit Slips
3. Bank Deposit Books
4. Checks
5. Safekeeping Fees
Total Misc. Est. Cost of Services
No rl1arge
At vpndor cost
At vpndor cost
At vpndor cost
No rll::Jrge
lTn,qhlf' Tn (lptprminp
(Forward this Total to "Appendix F')
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APPENDIX D (continued)
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Other major banking services to be offered by the institution. Please provide a brief
description below of services that are proposed to be rendered and related costs.
A. The Bank will provide a service called "Image Statements". This product brings a
new and easier way to keep track, reconcile, and enhance research capabilities and
record retention. This service can provide many benefits to the County. There
are no fees for this service.
B. Microcomputer ServiceslIBC-LINK - IBC offers Cash Management Services
using a product called IBC-Link (Windows Version). lEC-Link houses a variety
of services that the County may want to obtain. These services range from
obtaining account balances, account activity, fund transfers from one account to
another, submit ACH files for Direct Deposit activity, etc. This service is
currently being used by the County.
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C. The County may invest its funds in U.S. Treasury Bonds, Notes, Treasury Bills,
or other types of securities in which the County is authorized to invest in order to
obtain the highest rate ofreturn on its investments. IBC will make available a
wide variety of investment services through Wall Street International, a service of
Liberty Securities Corporation. Services to be included are trade executions,
securities processing and safekeeping for all transactions executed with Wall
Street International. Trade confirmations and monthly reporting will be provided
for audit purposes. Investments executed with Wall Street International will be
quoted at yields and prices with appropriate fee schedule.
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~Z7
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APPENDIX E
NET COST OF SERVICES
BANK ANALYSIS
(Interest rate to be calculated as of close of business on
Apri 1 10
,2003)
Total Cost of Service - I Month
(From "Appendix D")
(+)
$0
Earnings Credit - 1 Month
(-)
N/A
Formula at bank option, please indicate:
o Average Available Balance(1) Rate ( ) x 1 month
($25,000,000)
El Average Ledger Balance(l)Rate (
($25,000,000)
) x 1 month
e
(I)
Consolidated Cash/General Fund
(Using the following Calhoun County Formula)
Investable Balance
$25,000,000
Less Adjustments:
(Please enter type, formula
and dollar amount)
Adjusted Investable Balance
$ 25.000,000
Earnings Credit Interest Rate
Formula;
x
Rate
Earnings Credit for 1 Month
$
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Estimated Net Cost of Services
To Calhoun County, Texas
(~) $0
(Forward this total to
"Appendix F')
528
APPENDIX F
PROPOSAL SUMlYlARY, TABULA nONS AND EV ALUA nONS
e
Est. Cost of Major Banking Services
Appendix D (1 Month)
$0
Est. Misc. Banking Services
Appendix D
lTn!:l'hlo 1-n rlot-o....,..,.,-i'ne
Est. Cost of Net Banking Services
Appendix E
$0
Ratio Analysis
In order to evaluate the individual bank's management skills in handling the County's funds and the safety
thereof, each institution will be requited to compute the following ratio analysis. Use as a basis the most
recent fiscal year of the organization.
A.
Caoital
Deposits
l':l"!
B.
Cavital
?()'7-
Loans
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C.
Income Before
Security Transactions
Assets
1.51%
Please provide copies of your institution's financial statements to support the calculations including fiscal
year end statements and Consolidated Report of Condition for All Insured Commercial Banks fvr December
31,2002, schedule RC-Balance Sheet, Schedule Rl-Income Statement.
International Bank of Commerce
Financial InstitutioD
Richard A. Bothe, Jr., PL€sident
Officerrritle
Mav 14, 2003
Date
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529
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INTERNATIONAL BANCSHARES CORPORATION AND SUBSIDIARIES
Consolidated Statements of Condition
December 31, 2002 and 2001
(Dollars in Thousands, Except Per Share Amounts)
Cash and due from banks .
Federal funds sold. . . . . . . . .
ASSETS
Total cash and casb equivalents ......,.
Time deposits with banks . . . . .
Investment securities:
Held to maturity (Market value of $2,060 on December 31, 2002 and $2,085 on December 31, 2001)
Available for sale (Amortized COSt of $2,992,906 on December 31, 2002 and $2,889,542 on
December 31, 2001)
........
Total investment securities
Loans:
Commercial, financial and agricultural
Real estate-mortgage . . . . . . .
Real estate--construction. .......
ConsU1tl:er
Foreign ..........
TotaJ loans
Less unearned discounts
................
. . . . . . . . . .
Loans, net of unearned discounts. . . . . . . . .
Less allowance for possible Joan losses
Net loans. . . . . . , . . . . . . . . .
Bank premises and equipment, net
Accrued interest receivable
Other investmencs .
Identified intangible assets
Goodwill............ .......
Other assets.. .
...........
.....................
. . . . . . . . .
........
............
Total assets.
.........
LlABIUTIES AND SHAREHOLDERS' EQUITY
Liabilities:
Deposits:
Demand-non-interest bearing. . . .
Savings and interest bearing demand . .
Time. . .
Total deposits
Securities sold under repurchase agreements. . . .
Other borrowed funds and long term debt
Other liabilities . . . . . . .
......,.
Total liabilities. . , .
..........
Shareholders' equity:
Common shares of $1.00 par value. Authorized 75,000,000 shares; issued 41,766,439 shares in 2002
and 33,214,263 shares in 2001 "
Surplus
Retained earnings . . , , . . . , , .
Accumulated other comprehensive income . . . . . . . ,
Less cost of shares in treasury, 10,506,298 share~ in 2002 and 6,991,148 shares in 2001
Total shareholders' equity, .
Total liabilities and shareholders' equity .
See accompanying notes to consolidated financial statements.
. . . . . . . .
18
- 530
2002 2001
5 141,204 5 177,122
13,000 108,100
154,204 285,222
99 1,253
2,060 2,085
3,070,711 2.925,121
3,072,771 2,927,206
1,595,140 1,488,196
507,837 441,296
276,595 271,026
160,546 180,652 e
233,276 273,038
2,773,394 2,654,208
(3,832) (5,676)
2,769,562 2,648,532
(44,213) (40,065)
2,725,349 2,608,467
185,477 190.051
35,193 33,850
203,733 197,275
7,169 21,978
67,442 69,639
44,198 46,460
56,495,635 56,381,401
$ 683,966 S 695,218
1,262,907 1,213,243
2,293,026 2,424,373
4,239,899 4,332,834
457,915 714,675
1,185,857 777,296
64,700 59,568
5;948,371 5,884,373
41,766 33,214
30,821 27,564
560,613 490,328
49,957 18,221
683,157 569,327 e
(135,893) (72,299)
547,264 497,028
$6,495,635 $6,381,401
INTERNATIONAL BANCSHARES CORPORATION AND SUBSIDIARIES
Consolidated Statements of Income
Years ended December 31, 2002, 2001 and 2000
e (Dollars in Tbousands, Except Per Share Amounts)
2002 2001 2000
interest income:
Loans, including fees. S 183,803 I 199,028 I 212,522
Time deposits with banks 36 162 157
Federal funds sold ........ 671 1,142 929
Investment securities:
Taxable 164,272 184,576 196,284
T3Y;-exempt. . 4,990 4,861 5,119
Other 156 586 321
Total interest income. . 353,928 390,355 415,332
Interest expense:
Savings and interest bearing demand deposits 14.185 23,585 27,945
Time deposits ... . . . . . 57,907 106,754 120,743
Federal funds purchased and securities sold under repurchase agreements 19,696 23,100 8,160
Other borrowings and Long term debt. 24,627 47,369 94,908
Total interest expense ....... 116,415 200,808 251,756
Net interest income. 237,513 189,547 163,576
Provision for possible loan losses. 8,541 8,631 6,824
Net interest income after provision for possible loan losses. 228..972 180,916 156,752
Non.interest income:
Service charges on deposit accounts 52,648 42,497 35,348
Other service charges, commissions and fees
Banking 13,000 9,993 8,423
Non-Banking 5,669 6,132 1,130
Investment securities transactions, net 2,303 (1,010) (4,248)
Other investments, net. ....... (2,598) 10,636 13,941
Other income 14,623 11,340 9,202
Total non-interest income 85,645 79,588 63,796
Non.interest expense:
Employee compensation and benefits ....... ........ 65,907 58,962 47,900
Occupancy 13,211 11,190 9,204
Depreciation of bank premises and equipment. ......... 16,153 13,434 12,220
e Professional fees. 6,089 5,019 4,565
Stationery and supplies """ . . . . . . . 4,079 3,664 3,268
Amortization of intangible assets 1,812 5,378 4,220
Advertising 6,010 6,846 4,257
Other 41,582 30,948 26,323
Total non-interest expense. . 154,843 135,441 111,957
Income before income taxes 159,774 125,063 108,591
Income taxes ... ....... 54,013 41,721 33,417
Income before cumulative change in accounting principle 105,761 83,342 75,174
Cumulative effect of a change in accounting principle, net of tax 5,130
Net income. $ 100,631 $ 83,342 I 75,174
Basic earnings per common share:
Weighted average number of shares outstanding. ..... . . . . 31,964,465 33,076,056 33,482,444
Income befOre cumulative effect of a change in accounting principle. $ 3.31 $ 2.52 $ 2.25
Cumulative effect of a change in accounting priuciple, net of tax (.16)
Net income. ....... $ 3.15 $ 2.52 I 2.25
Diluted earnings per common share:
Weighted average number of shares outstanding. 32,695,278 33,682,362 33,905,545
Income before cumulative effect of a change in accounting principle. $ 3.23 I 2.47 I 2.22
Cumulative effect of a change in accounting principle, net of tax (.15)
Net income. I 3.08 $ 2.47 $ 2.22
See accompanying notes to consolidated financial statements.
19
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531
December 2002 Call Report Printed 2/11/2003 - lntemational Bank. of Commerce - Certificate Number 19629
FFIEC 041
Page RC.1
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Consolidated Report of Condition for Insured Commercial
and State-Chartered Savings Banks for December 31, 2002
GiJ
All schedules are to be reported in thousands of dollars. Unless othervvise indicated,
report the amount outstanding as of the last business day of the quarter.
rs~, ,edule RC - Baiance Sheet
Dollar Amounts in Thousands
1.a.
l.b.
ASSETS
1. Cash and balances due from depository institutions (from Scheduie RC-A);
a. Noninterest-bearing balances and currency and coin(1) ................................................................. 0081
b. Interest-bearing balances(2) .................... ...... ........... ...................... ..... .......... ..... ...... ....... ... ............. 0071
2. Securities:
a. Heid-to-maturity securities (from Schedule RC-B, column A) ..........................................................
b. Availabie-for-sale securities (from Schedule RC-B, column 0) .......................................................
3. Federal funds soid and securities purchased under agreements 10 resell:
a. Federal funds sold............................................................................................................................ 898
b. Securities purchased under agreements to resell(3) ....................................................................... 898
4. Loans and lease financing receivables (from Schedule RC-C):
a. Loans and leases held for sale .....................................................................................,.................
b. Loans and leases, net of unearned income .............................................. 8528
c. LESS: Allowance for loan and lease losses .............................................. 3123
d. Loans and leases, net of unearned income and allowance (item 4.b minus 4.c) ............................ 8529
5 jing assets (from Schedule RC-D).................................................................................................. 3545
6. ..remises and fixed assets (including capitalized leases) .................................................................... 2145
7. Other real estate owned (from Schedule RC-M) .................................................................................. 2150
8. Investments in unconsolidated subsidiaries and associated companies (from Schedule RC-M)......... 2130
9. Customers'liabl/ity to this bank on acceptances outstanding ......................................................,....... 2155
10. Intangible assets:
a. Goodwill . ..h... ............. ...... ..... ................ ...................... ._....... ................. "h..' "h" ............. ....h..........
b. Other intangible assets (from Schedule RC-M).....................................................,..................,....... 0426
11. Other assets (from Schedule RC-F) ...........h..........h....................................h...........h.....h.....h........ 2160
12. Total assets (sum of items 1 through 11) .........h....................................h......h.............hhh..h.......... 2170
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10.a.
10.b.
11.
5;187,248 12.
(1) Includes cash items in process of collection and unposted debits.
(2) Includes time certificates of deposit not held for trading.
(3) Includes all securities resale agreements, regardless of maturity.
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532
Decemb,er 2002 Call Report Printed 2/11/2003. International Bank of Co~merce - Certificate Number 19629
Dollar Amounts in Thousands
FFIEC 041
Page RC-2
[ii]
Schedule RC - Continued
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LIABILITIES
13. Deposits:
8. In domestic offices (sum of totals of columns A and C from Schedule RC-E
(1) Noninteresl-bearing(1) ......................................................................... 6631
(2) Interest-bearing .".. ....... ... .......... ....................... ............... ........ ............ 6636
b. Not applicable
14. Federal funds purchased and securities sold under agreements to repurchase:
a. Federal funds purchased(2) ............................................................................................................
b. Securities said under agreements to repurchase(3) .......................................................................
15. Trading liabilities (from Schedule RC-D) ............................................................................................
16. Other borrowed money (includes mortgage indebtedness and obligations under
capitalized leases) (from Schedule RC-M) ....................................................................................... 31
17. Not applicable
18. Bank's liability on acceptances executed and outstanding.................................................................
19. Subordinated notes and debentures(4)..............................................................................................
20. Other liabilities (from Scheduie RC-G) ...............................................................................................
21. Total liabilities (sum of items 13 through 20) ....................................................................................
22. Minority interest in consolidated subsidiaries ....................................................................................
EQUITY CAPITAL
23. Perpetual preferred stock and related surplus....................................................................................
24. Common stock .............................. ............................... ........... ....... ............... .......... ................ ...........
25. Surplus (exclude all surplus related to preferred stock) ....................................................................
26. a. Retained earnings .........................................................................................................................
b. Accumulated other comprehensive income(5) .............................................................................. 8530
27. Other equity capital components(6).................................................................................................... A130
28. Total equity capital (sum of items 23 through 27) .............................................................................. 3210
29. Total liabilities, minority interest, and equity capital (sum of ilems 21. 22, and 28)............................ 3300
23.
24.
25.
26.a.
26.b.
27.
507 757 28.
5,187 248 29.
_emorandum
o be reported with the March Report of Condition.
1. Indicate in the box at the right the number of the statement below that best describes the
most comprehensive level of auditing work perfonned for the bank by independent external RCON
auditors as of any date during 2001 ........................................................................................................... 6724
M.1.
1 = Independent audit of the bank conducted in accordance with
generally accepted auditing standards by a certified public
accounting firm which submits a report on the bank
2 = Independent audit of the bank's parent holding company con~
ducled in accordance with generally accepted auditing standards
by a certified public accounting firm which submits a report on the
consolidated holding company (but not on the bank separately;
3 = Attestation on bank management's assertion on the effectiveness
of the bank's internal control over financial reporting by a
certified public accounting firm
4 = Directors' examination of the bank conducted in accordance
with generally accepted auditing standards by a certified public
accounting firm (may be required by state chartering authority)
5 = Directors' examination of the bank performed by other external
auditors (may be required by state chartering authority)
6 = Review of the bank's financial statements by external auditon
7 = Compilation of the bank's financial statements by external
auditors
8 = Other audit procedures (excluding tax preparation work'
9 = No external audit work
(1) Includes lotal demand deposits and noninterest-bearing lime and savings deposits.
(2) Report overnight Federal Home Loan Bank advances in Schedule Re, item 16, "Other borrowed money."
(3) Includes all securities repurchase agreements, regardless of maturity.
(4) Includes limited-life preferred stock and related surplus.
(5) Includes net unrealized holding gains (losses) on available-far-sale securities, accumulated net gains (losses) on cash flow hedges,
and minimum pension liability adjustments.
(6) Includes treasury stock and unearned Employee Stock Ownership Plan shares.
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533
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December 2002 Call Report Printed 2/11/2003 - International BanK of Commerce. Certjficate Number 19629
FFIEC 041
Page RJ-1
W
Consolidated Report of Income
for the period January 1, 2002 - December 31, 2002
All Report of Income schedules are to be reported on a calendar year-to-date basis in thousands oJ dollars.
[ edule RI-Income Statement
1, Interest Income:
a. Items l.a.(I) through (6) are /0 be compleled by all banks,
Interest and fee income on loans:
(1) Loans secured by real estate .........................................................
(2) Commercial and industrial loans ....................................................
(3) Loans to individuals for household, family, and other personal
expenditures:
(a) Credit Cards............................................................................... 8485
(b) Other (includes single payment, installment, all student
loans, and revolving credit plans other than credit cards) ......... 8486
(4) Loans to foreign governments and other official institutions ........... 4056
(5) All other ioans(1) ............................................................................ 4058
(6) Total interest and fee income on ioans (sum o/items 1.a.(1) through 1.a.(5)) .................... 4010
b. Income from lease financing receivables ....................................................................................... 4065
c. Interest income on balances due from depository institutions(2) ..................................................... 4115
n. Interest and dividend income on securities:
:1) U.S. Treasury securities and U.S. Govemment agency obligations
(excluding mortgage-backed securities) ..........."...."................................................................. 8488
(2) Mortgage-backed securities ..............................................................................................."...... 8489
(3) Ail other securities (includes securities issued by states and political subdivisions
in the U.S.) ................................................................................................................................ 4060
e. Interest income from trading assets.................................................................................................. 4069
f. Interest income on federal funds sold and securities purchased under agreements to resell ......... 4020
g. Other interest income ...................................... ............... ................... ._... ....... ... ... ...........:....... .......... 4518
h. Total interest income (sum of Items 1.a.(6) through 1.g.)................................................................. 4107
1.a.(1)
1.a.(2)
1.a.(3)(a)
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1.d(3)
1.e.
1.f.
log.
288 204 1.h.
(1) Includes interest and fee income on MLoans to depository institutions and acceptances of other banks, M MLoans to finance agricultural
production and other loans to farmers,M .Obligations (other tl18n securities and leases) of states and political subdivisions in the U.S.,M and
MOther loans."
(2) Includes interest income on time certificates of deposits not held for trading.
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534
December 2002 Call Report Printed 2111/2003 - International Bank of Commerce - Certificate Number 19629
Dollar Amounts in Thousands
FFIEC 041
Page RI-2
OJ
Schedule RI-Continued
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2. Interest expense
a. Interest on deposits:
(1) Transaction accounts (NOW accounts, ATS accounts, and
telephone and preauthorized transfer accounts)."..............................
(2) Nontransaction accounts:
(a) Savings deposits (includes MMDAs) ............................................ 0093
(b) Time deposits of $100,000 or more .............................................. A517
(c) Time deposits of less than $100,000 ............................................ A518
b. Expense of federai funds purchased and securities sold
under agreements to repurchase ....................................................,........, 4180
c. Interest on trading liabilities and other borrowed money........................... 4185
d. Interest on subordinated notes and debentures ........................................ 4200
e. Total interest expense (sum of items 2.a through 2.d) .............................. 4073
3. Net interest income (item 1.h minus 2.e) ......................................................
4. Provision for loan and lease losses ..............................................................
5. Noninterest income:
a. Income from fiduciary activities(1)..............................................................
b. Service charges on deposit accounts......................................................... 4080
c. Trading revenue(2) ................................................................................... A220
d. Investment banking, advisory, brokerage, and undelWriting fees
and commissions .................................................................,....... ..... ........
e. Venture capita! revenue ......................................................"....................
f. Net servicing fees. ...., .........,.................. ....... ................".... .... "" .................
g. Net securitization income.............................. .......................,.,................ ....
h. Insurance commissions and fees ..............................................................
i. Net gains (losses) on sales of loans and leases ........................................
j. Net gains (losses) on sales of other real estate owned ........................,.....
k. Net gains (losses) on sales of other assets (excluding securities).............
I. Other non interest income. ....................,..........................................,.........
A m. Total non interest income (sum of items 5.a through 5.1) ...........................
.. a. Realized gains (losses) on held-to-matunty secunties ..............................
b. Realized gains (losses) on available-for~sale securities ...........................
7. Noninterest expense:
a. Salaries and employee benefits ........................."......"........."................... 4
b. Expenses of premises and fixed assets (net of rental income)
(excluding salaries and employee benefits and mortgage interest)........... 421
c. (1) Goodwill impairment losses .....,........................................................... C216
(2) Amortization expense and impairment losses for
other intangible assets ...................................................................... C23
d. Other noninterest expense. ...................................................................... 409
e. Total noninterest expense (sum of items 7.a through 7.d) ........................
8. Income (Joss) before income taxes and extraordinary
items and other adjustments (item 3 plus or minus items 4. S.m,
6.a, 6.b, and 7.e}....................................................,.......................................
9. Applicable income taxes (on item 8) ........................................................,.....
10. Income (loss) before extraordinary items and other adjustments
(item 8 minus item 9) .........................................,..........,..............................
11. Extraordinary (terns and other adjustments, net of income taxes. ...............
12. Net income (loss) (sum of items 10 and 11 ).................................................
.. Describe on Schedule RI-E - Explanations
(1) For banks required to complete Schedule RC-T. items 12 through 19, income from fiduciafY activities reported in Schedule Rl. item 5.3. must
equal the amount reported in Schedule RC-T, item 19.
(2) For banks required to complete Schedule RI, Memorandum item 8, trading revenue repofted in Schedule Rl, item S.c, must equal the
sum of Memorandum items 8.a through 8.d.
129470 7.e.
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S35
EXECUTIVE SESSION - DEFINE POTENTIAL PROPERTY REOUIREMENTS
AND AVAILABILITY FOR CONSTRUCTION OF A NEW JAIL
The Court, being in open session, the County Judge, as
presiding officer, publicly announced that Commissioners'
Court would go into a closed meeting as authorized by
Section 551, Vernon's Texas Codes Annotated, Government
Code, Subchapter D. The specific section of the
Government Code permitting discussion/deliberation in
Closed meeting is Section 551.072 which authorizes a
government body may conduct a closed meeting to deliberate
the purchase, exchange, lease, sale or value of real
property if deliberation in an open meeting would have a
detrimental effect on the position of the governmental
body in negotiations with a third party. Define potential
property requirements and availability for construction of
a new jail. .
The Judge further announced that before any final action,
decision or vote is made regarding the subject matter of
said closed meeting, this meeting would be reopened to the
public.
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The Court then went into closed session at 10:46 A.M.
The Judge reopened the meeting to the public at 11:13 A.M.
A Motion was made by Commissioner Floyd and seconded by
Commissioner Balajka to authorize Commissioner Balajka to
negotiate with the property owners for the properties
required for the new jail and to enlist the services of
other Court members as he sees appropriate. Commissioners
Galvan, Balajka, Floyd, Finster and Judge Pfeifer all
voted in favor.
BIDS AND PROPOSJI,T.~ - INSURANCE FOR EMS. VOLUNTEER FIRE
DEPARTMENTS. EMERGENCY SERVICES AND PORT LAVACA FIRE
DEPARTMENT
It
Pam Petrie, with Trident Insurance, said the problem of
obtaining insurance for the EMS medical director resulted
in the quote from VFIS for coverage to include the medical
director and also incorporate some other entities that
have had no liability. Barbara with VFIS discussed the
proposed coverage with VFIS. The proposal covers the
County EMS and all other emergency service groups of the
County because they are county vehicles. This also
includes the contents of the EMS station; there is a $200
deductible. The flood insurance has a $1000 deductible.
While coverage differs, the replacement value is what it
is insured for; pay full repairs. Physical damage is
$1000 deductible. On page 11 of the proposal is shown the
total premium for the coverage for EMS at $49,750 a year
for EMS. Any part of the coverages can be rejected.
She went over the benefits of VFIS coverages. She asked
Cindy Mueller, with the Auditor's Office, to review the
list and verify the vehicles and values. The values can
be adjusted; values listed are just a starting point. The
front page of the proposal shows the policy renewal
premium.
BIDS AND PROPOSALS - INSURANCE COVERAGE FOR EMERGENCY
VOLUNTEER SERVICES AND MEDICAL DIRECTOR AND RENEWAL OF
VARIOUS INSURANCE COVERAGES
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Pam discussed the Trident.Insurance Services quotes for
coverages. The quote without the,EMS vehic~es is
approximately $45,000 off. The d~ff~rence ~s ?400-$500 ~o
cover the medical director. There w~ll be a l~ttle cred~t
on the windstorm coverage; the Trident policy allows about
$1000. Trident has full proposals for renewa~ with new
interlocal agreement and for second term and w~ndstrom
attached.
536
A Motion was made by Commissioner Floyd and seconded by
Commissioner Galvan to accept the coverage of VFIS for the
volunteer entities and the medical director and that we
renew with Trident based on the reduction in their rates
for the remaining year, effective July 17, 2003 and
authorize the County Judge to sign the applicable forms.
Commissioners Galvan, Balajka, Floyd, Finster and Judge
Pfeifer all voted in favor.
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Crump Insurance Services of Texas, Inc.
7557 Rambler Road, Suite 300, Dallas, Texas 75231-4163
TelephOne (214) 363-7636
Facsimile (214) 691-5460
QUOTATION CONFIRMATION
May 21,2003
361-729-3817
Pam Petrie
GSM Insurers
P. O. Box 1478
Rockport, TX 78381
RE:
Calhoun County EMS
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INSURER: Royal Surplus lines Ins. Company
r--..-'.-----
,
)
COVERAGE TYPE PREMIUM
COMMISSION
All Risk ExcL Earthquake & Fiood
$25,000.00
10.00%
TOTAL FEES & TAXES
Fees (Fully Earned)
TX Surplus lines Tax @ 4.8500%
TX Stamping Fee @ 0.1500%
$1,50000
$1,285.25
$39.75
CONDITIONS ANDIOR EXCLUSIONS;
Property Limits:
$18,867.601. scheduled building and contents
I n Excess of;
$6,576,000. scheduled building and contents
Valuation-
Replacement Cosl
Audit Tenns:
Non-Adjustable
Coverages:
Building, Contents
Perils:
All Risk Excluding Flood and Earthquake
Form:
Royal Excess Physical Damage Coverage Form
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ExGiusions: Eiectronic Property and Virus. Terrorism
Attachments: Exclusion & Limited Addition Coverage for Fungus -- 1M & Manuscript
537
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TAX RESPONSIBILITY: Crump
MINIMUM EARNED PREMIUM PERCENT: 25.00%
MINIMUM EARNED PREMIUM AMOUNT: $6,25000
QUOTE EXPIRATION DATE: 7/17/2003
We are pleased to offer the preceding quotation which should be reviewed carefully as the terms and conditions of coverage
may differ from those requesled on your application/submission, THIS IS NOT A BINDER OF INSURANCE. The preceding
information is only a quotation subject to the specified conditions, and may be withdrawn at any time prior to acceptance and in
no event will it remain open beyond the QUOTE EXPIRATION DATE. CONFIDENTIAL: The terms set forth are intended as a
quotation summary between CRUMP INSURANCE SERVICES OF TEXAS, INC. and its producer. This form should not be
submitted 10 any policyholder or applicant.
Richard Covington
By:
Authorized Representative
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538
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MINIMUM EARNED PREMIUM
MINIMUM AND DEPOSIT PREMIUM
The following terms are often misunderstood, particularly among insureds or producers
not accustomed to dealing with surplus lines insurance companies. It is important that
the definitions are understood.
MINIMUM AND DEPOSIT
This is the amount of premium due at inception. Although the policy is subject to
adjustment based on a rate per exposure unit, under no circumstances will the annual
earned premium be less than the minimum premium. Therefore, the policy may
generate an additional premium on audit, but not a return.
If such a policy is cancelled mid-term, the earned premium is the GREATER of the
annual minimum times the short rate or pro-rata factor, or the actual earned as
determined by audit, subject to a short rate penalty if applicable.
MINIMUM EARNED PREMIUM
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A minimum earned premium endorsement can be attached to either a flat charge policy
or an adjustable policy. In either case, this amount is the LEAST that will be retained by
the insurance company once the policy goes into effect. The amount retained would be
the GREATER of the actual earned premium whether calculated on a pro-rate or short
rate basis, or the minimum eamed premium.
FLAT CANCELLATIONS
Surplus lines insurance companies normally do not allow flat cancellations. Once the
poliCY is in effect, some premium will be earned.
If you need further explanation, please do not hesitate to contact us.
01/2002 - Premium Definition
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~39
Medi.::;a! Director
Subject: Medical Director
Date: Thu, 15 May 200309:02:20 -0500
From: "Marzean, Barbara" <Bmarzean@vfistx.com>
To: "'Henry Barber (Calhoun Co EMS)'" <hbarber@cablcone.net>
CC: "'Pam Petrie (GSM)'" <ppetrie@gsminsurors.com>
Henry,
Enclosed is the following:
1. Copy of page from our Resource Guide describing our Professional Health
Care Liability coverage.
2. Two pages from our actual General Liability policy that provides the PHCL
& Medical Director coverage.
3. Description of our Agreed Value Physical Damage coverage under our Auto
Policy. Under this coverage, we do not depreciate to today's value like ACV
does. I'm not sure how the current County coverage is written, but I would
assume it's ACV. This would be a big difference in coverage. However, you
would need to verify with Pam on how the current coverage is written.
I hope this helps! Thanks, Barbara
***************************************************************
Barbara Marzean, ere
VFIS of Texas/Regnier & Associates
4450 Frontier Trail, Austin, TX 78745-1514
(800) 252-9435 ~ Texas Toll Free
(512) 448-9928 - Phone
(512) 448-9929 - Fax
bmarzean@vfistx.com
Please open the attached document.
This document was sent to you using an HP Digital Sender.
Sent by;
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MARZEAN, BARBARA <bmarzean@vfistx.com>
4
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1 of 1
540
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5115/2003 9: 14 AM
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VFIS
Professional
Health Care
Liability
"Good
Samaritan"
Liability
GENERAL LLo\BlllTY 19
provides liability protection for injuries arising out of your professional health care
services. This mcludes providing medical services, the furnishmg Dr dispensing Df
drugs or medical supplies, the
handling of patients, errDrs in
dispatching and the setting of
protocDls by a medical director.
CDverage is provided tD all
volunteers and emplDyees.
Physicians acting on behalf of the
insured as volunteers, employees or
medical directors are covered for
their actions except for on-line
medical command via telecommu-
nication. This coverage is excess of
the physician's personal medical
malpractice insurance.
EXAMPU of a Claim
An ambulance squad arrived at the scene of an auto accident. They
quickly removed a severely injured woman from the vehicle ,and
placed her In the ambulance. They then directed their entire effort
\0 remm,inll a mate victim who was trappel1 in tbe vehicle. '
Unfortunately, the squad's efforts to extricate the trapped man were
so Intense that they ignored the woman they had put In the ambu-
lanc.. Th. claim investigation revealed that the in/ur,dfemate.
diad while they were trying to extricate Ihe trapped male. -The
Invesllgation also revealed that the male bad died instanlly upon
Impact.
The court awarded damages 01 $375,000 to the deceased woman's
estate. The award was paid by lI1e insurer under the Prolesslonal
Health Care liability coverage,
Provides 24-hour liability coverage, including Professional Health Care, for the volun-
teers or emplDyees of your organization while they are rendering services at the scene
of an emergency. The
emergency must require
sudden actiDn Dn the vol-
unteer's Dr employee's
part. and the vDlunteer or
employee must be acting
independently at the time
of the emergency.
EXAMPLE 01. Clltm
While out of town on vacallon, a firefighter/EMT came upon the scene ofen
accident wbere an elderly woman had tallen down a flight of stairs. The ftre-
fighler/EMT began to administer m.dlcal assistance before the local ambu-
lance arrived. Once Ihe local ambulance squad arrived, they transported'
the victim Immediately. The woman died enroute to the hospital. - . ,
legal acllon was taken by the deceased's husband alleging negligence on the
part of the local ambutance and the vacationing firefighter/EMT. The "Good
Semaritan" coverage paid the cost of defense and would have paid any award
up to lb. limit of the policy had lbe ftreflghter/EMT beon found negligent.
The local ambulance squad had 10 rely on Iheir oWl1lnsurance carrier for
Professional Health Care Liability coverage.
S41
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SECTION I - COVERAGES
-7
ADDITION OF PROFESSIONAL HEALTH CARE LIABILITY COVERAGE
The following is added to SECTION I - COVERAGES:
COVERAGE D. PROFESSIONAL HEALTH CARE LIABILITY
1. Insunng Agreement.
a. We will pay those sums that the insured becomes legally obligated to pay as
damages because of "bodily injury", "property damage", "personal injury" or "advertising
injury" arising out of providing or failing to provide .professional health care seN/ces" to
others. We will have the right and duty to defend any claim or .suit" seeking those
damages. We may at our discretion investigate any .occurrence" and settle any claim or
"suit' that may result. But:
(1) The amount we will pay for damages is limited as descnbed in liMITS OF
INSURANCE (SECTION III); and
(2) Our nght and duty to defend end when we have used up the applicable limit
of Insurance In the payment of Judgments or settlements.
No other obligation or liability to pay sums or perform acts or se!Vices is covered unless
expllcltly provided under Supplementary Payments.
b, This Insurance applies only If the damages are caused by an .occurrence" that takes
place:
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(1) during the policy penod; and
(2) in the "coverage territory."
2, exclusion
8. This Insurance does not apply to damages arising out of the ownership. maintenance,
use or entrustment to others of any aircrall, "auto" or watererall owned or operated by or
rented or loaned to any Insured, Use includes operation end "'oadlng and unloading."
SECTION 1- SUPPLEMENTARY PAYMENTS
AMENDMENT OF SUPPLEMENTARY PAYMENTS
The heading SUPPLEMENTARY PAYMENTS - COVERAGES A AND B is amended to read
SUPPLEMENTARY PAYMENTS - COVERAGES A, BAND D.
Item 4. Is deleted and replaced with the following:
4, All reasonable expenses incurred by the Insured at our request to assist us in the
Investigation or defense of the claim or "suit", including actual loss of earnings up to
$300 a day because of time off from work..
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SECTION II " WHO IS AN INSURED
GL TX02 (03/00)
Copyright, Amerfcl!ln A1tematlve (nsurance Corporation, 2000
Page 3 of 6
542
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7
ADDITiON OF YOUR VOLUNTEERS AND MEDICAL DIRECTORS AS INSUREDS AND GOOD
SAMARITAN COVERAGE
Paragraph 2.a. is deleted and replaced by:
2.a. Your "employees" and any persons who are your volunteers or Medical Directors,
other than those acting in their capacity as your "executive officers," but only for acts:
(1) within the scope of their employment by you, volunteer actions on behalf of
you, or Medical Director duties performed on behalf of you; or
(2) while acting as a Good Samaritan independently of his or her activities as
your -executive officer," "empioyee", or volunteer member but only when he or
she encounters the scene of an emergency requiring sudden action. In no event
will such "executive officer," "employee", or volunteer who responds 10 the scene
of an emergency with or for any other emergency service organization be an
insured.
However, no "employee". volunteer, or Medical Director is an insured for.
(1) damages arising out of his or her providing or failing 10 provide, as a
physician, on-line medical direction or medical command via telecommunication
to emergency medical personnel; or
(2) "property damage" to property owned or occupied by or rented or loaned to
that "employee", volunteer, or Medical Director.
OWNERS OF COMMANDEERED "MOBiLE EQUIPMENT" OR WATERCRAFT
Paragraph 2.e. is added:
2.e. The owner of commandeered "mobile equipment" or watercraft is an Insured while
the equipment or watercraft are in your temporary care, custOdy or control and are being
used as part of an emergency operation.
ORGANIZATIONS NEWLY ACQUIRED OR FORMED
Paragraph 4.d. is added:
4.d. Coverage D. does not apply to an "occurrence" that took place before you
acquired or formed the organization.
SECTION III . LIMITS OF INSURANCE
AMENDMENT OF AGGREGATE LIMIT PROVISIONS
Paragraphs 2., 3. and 5. are deleted and replaced by the following:
2. The General Aggregate Lim~ is the most we wiil pay for the sum of:
a. Medical expenses under Coverage C;
GL TX02 (03/00)
Copyright, American Alternative Insurance Corporation, 2000
Page 4 of6
S43
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VFIS
AUTOMOBILE 15
I II'; '111
, \ \ I
\..1 ...II hili I '<lII1l'i"
How The Valuation Method Affects The Settlement After A Loss
This illustration shows how an actual emergency vehicle loss is settled under each valuation method
described on the previous page. In this example a fire department was involved in an accident in
which atm-year-old mini-pumper was damaged, resulting in a repair cost of $42,000.
VALUAnOR ME1IIOO VF/S
Pertinent Actual Cash Stated Agreed
Information Value Amount Value
Value Shown In Policy No Value Shown $ 75,000 $ 75,000
Deductible $ 250 $ 250 $ 250
Vehicle's e
Replacement Cost $ 80,000 $ 80,000 $ 80,000
Vehicle's Age
at Time of Loss 10 years 10 years 10 years
Vehicle's Valuation The adjuster The adjuster Agreed Value is
calculated the calculated the $75,000
ACV to be ACV to be
$20,000 $20,000
The Amount Each Insurance company Insurance company Insurance company
Insurance Policy is declares a total declares a total would pay $41,750
Obligated to Pay loss, pays the loss, pays the to repair the vehicle.
fire depI. $19,750, fire depI. $19,750,
and takes title to and takes title to
the salvage. the salvage.
Insurance company Insurance company Insurance company
is obligated to is obligated to is obligated to pay
pay no more than pay the ACV full repair costs
the ACV ($20,000) ($20,000) or the ($42,000) less the
less the deductible stated amount deductible ($250)
($250). ($75,000) less the without deduction e
deductible ($250), for depreciation.
whichever is less.
The Amount the Repair Cost Repair Cost $250
Insured Must Pay ($42,000) ($42,000) Insurance
Less Payment Less Payment company pays
($19,750) = ($19,750) = remainder of loss
$22,250 $22,250
544
CALHOUN COUNTY, TEXAS
PREMIUM COMPARISON
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COVERAGE
2002/2003
EXPIRING PREMIUMS
2003/2004
RENEW AI. PREMIUMS
GENERAL LIABILITY $ 51,817.00 $ 55,665.00.
AUTOMOBILE $ 99,559.00 $ 98,779.00.
CRIME $ 250.00 $ 250.00.
INLAND MARINE $ 7,129.00 $ 7,308.00.
PROPERTY
EXCLUDING WIND &
EXCESS WIND $ 26,034.00 Incl B&M $ 26,050.00. Incl B&M**
TWIA WINDSTORM $ 66,371.00 $ 74,662.00 Rate Increase
EXCESS WINDSTORM $ 27.825.00 $ 27.825.00
e TOTAL RENEWAL $278,985.00 $290,539.00
. NOTE: Trident/Argonaut InterlocaI Increase less than $3,300.00 from last year.
. Highest increase from TWIA on Windstorm due totally to Rate Increase on
. 1-1-03.
Boiler & Machinery separate policy will have to be purchased for the Hospital
because Argonaut will not include that location in policy. Approx. Cost $2000.
Alternate "Indication" to delete EMS Vehicles from Trident/Argonaut Policy
would be reduction of approximately $45,000. from above Auto Premium.
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TEXAS ASSOCIATION OF POLITICAL SUBDIVISIONS
SELF INSURANCE PROPOSAL
FOR:
Calhoun County, Texas
PRESENTED BY:
GSM Insurors
EFFECTIVE DATE:
07/17/2003 - 07/17/2004
PREPARED BY:
Fernando Uribe
Underwriter for Trident Insurance Services
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TRIDENT
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P.O. Box 460729
San Antonio, Texas 78246-0729
210-342-6606 direct phone
877-474-8808 toll free phone
877-550-8193 toil free fax
This quotation is valid for thirty (30) days from the date of quotation or the inception dale, vvhichever is faler.
Extensions may be granted upon request to TRIDENT.
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05/20/2003
546
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TRIDENT
Trident Insurance Services is dedicated to servicing the self.lnsurance needs of preferred
governmental agencies throughout the state of Texas. OUf organization has over a century of
experience and success in providing services and solutions to our Public Entity clients. We are
committed to providing a competitive program with a comprehensive self-insurance package.
Our CLAIMS department brings the experience of having settled over 75,000 Public Entity
claims in the past 15 years. This brings an unsurpassed level of knowledge and expertise to the
program.
Our MARKETING unit partners with local independent agents to seek out and galher
information from select governmental entities in order to provide a tailored self-insurance
package that focuses on the specific need of each individual entity.
Our UNDERWRITING staff specializes only on governmental entities. We help to identify the
needs of OUf future self-insureds and provide solutions to those needs.
Trident offers reinsurance through the Argonaut Group of Companies. In addition, reinsurance
support for the program is provided by Swiss Reinsurance of America. Both organizations
deliver solid financial support and service to our certificate holders.
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Argonaut Insurance Company (AM Best Rating of A)
Argonaut Great Central Insurance Company (AM Best Rating of A-)
Swiss Reinsurance of America (AM Best Rating of A +)
5
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547
GENERAL LIABILITY
Occurrence Form
Standard Caveraoe
Bodily Injury/Property Damage
Personal Injury/Advertising Injury
Fi ra Damage
Employee Benefits ($1,000 deductible applies)
General Aggregate
Products/Completed Operations Aggregate
Deductible
Each Wrongful Act
PREMIUM
Miscellaneous:
Descriotion
Chemical Spraying
Emergency Medical Services
Fire Department Operations
Landfill, Dump, Refuse Site or
InCinerator
Sewer System
Water Utility Operations
Failure to Supply
Airport and Related Operations
Rifle Ranges
Medical & Ancillary facilities and
services
548
limit
Included
Included
Included
Included
EXCI uded
Excluded
EXcluded
Excluded
Excluded
Excluded
"
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l.iI!!il
1,000,000
1,000,000
100,000
1,000,000
2,000,000
2,000,000
1,000
$55,665
Deductible
1,000
1,000
1,000
1,000
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None
None
None
None
None
None
It
AUTOMOBILE LIABILITY
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Standard Coveraae
liability limit
Deductible
PREMIUM
AUTOMOBILE PHYSICAL DAMAGE
Standard Coveraae
Comprehensive
Collision
PREMIUM
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# Units
$59,438
7
Limit
100/300/100
None
$39,341
Svmbol
136
138
10
10
Svmbol
Deductible
2.500
2,500
549
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PROPERTY
Standard Coveraae
Building
Contents
TOTAL INSURED VALUES
Blanket Limit Applies (subject to 125% maximum
limit per Building or Personal Property Limit)
Cause of Loss Form
Co-insurance
Deductible
Valuation
Limit
24,200,008
6,648,121
30,848,129
Special
90%
2.500
FRC ! RC
PREMIUM
$26,050
Miscellaneous:
Descriotion
Windstorm or Hail Exclusion Direct
Damage
Sick Building (MOLD) Exclusion applies
Deductible
None
None
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Eauioment Breakdown
Limit (Hospital and Medical Facilities excluded)-
Business Income & Extra Expense
Expediting Expenses
Hazardous Substances
CFC Refrigerants
Drying Out Coverage
Deductible
9,104,511
Included
Included
25,000
25,000
Included
2,500
OTHER EQUIPMENT BREAKDOWN CONDITIONS
Electrical Generation Facilities are excluded
lightning and Ughtning related claims are excluded
INLAND MARINE
Standard Coverace
Limit Deductible
Miscellaneous Equipment
2,923,439 500
25,000 applies to
windstorm and hail
Valuation
ACV
PREMIUM
$7,308
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CRIME
e Standard Coveraae Limit Deductible
Theft, Disappearance, and Destruction
Inside Limit 10,000 250
Outside Limit 10,000 250
Robbery and Safe Burglary
Inside limit 10,000 250
Outside limit 10,000 250
Sale Burglary 10,000 250
PREMIUM $250
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The following is a price breakdown for this quotation:
COVERAGE
General Liability
Commercial Automobile Liability
Commercial Automobile Physical Damage
Commerdal Property
Commercial Inland Marine
Commercial Crime
PREMIUM
$55,665
$39,341
$59,438
$26,050
$7,308
$250
TOTAL
$188,052
TWIA Primary Windstorm Renewal
74,662.
Excess Windstorm - Exp Carrier - Royal
27,825.
TOTAL
$290,539.
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552
GENERAL CONDITIONS
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This proposal is based on information provided to TRIDENT by the Agent. An application signed
and dated by an official of the entity and the agenUbroker must be received within thirty (30) days
of binding coverage.
The quotation in this proposal docs not necessarily match the coverages or limits requested in
the bid specifications andlor application. No warranty is made or implied with respect to the total
compliance to bid specifications or applications.
Each individual policy contaIns the actual terms, conditions and exclusions. This proposal
highlights certain features and benefits of the Trident program. Specifically excluded exposures
include, but are not limited to: airportsfaviation activities, medical facilities or medical
professional liability, mechanically operated amusement devices, injury to volunteers, lead
contamination, pollution liability, etc.
Please note that any professional liability lines quoted (Public Officials Liability, Law Enforcement
liability, and Educator's Legal Liability) include defense costs within the deductible.
AN EXCLUSION FOR MOLD OR ASUBlIMIT MAY APPLY.
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ADDITIONAL INFORMATION
Risk in General
Provide a complete address for any loss payee, mortgagee or additional insured within 10 days of policy
effective date.
General Liabilitv
Certificates of Insurance sho'vVing adequate limits of liability and indicating this Entity as an additional
insured are required. Within 30 days of the effective date, forward copies from the following entities: All
Contracted Operations
Completed supplement(s) is required for the following exposure(s) v.;thin 30 days of Ihe policy effective
date: Wharves, Piers, and Docks & Chemical $praYJrlg
Provide # of paid and Volunteer firefighters and Emergency services personnel
Any bridges closed, condemned, or do not meet inspection standards? If yes. please explain.
PrOVide details as 10 the use of Ihe 2 watercraft
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Automobile
Provide a signed UM rejection form.
Does the entity provide any type of transportation services? If yes, please provide details and fist
autos used. Provide this information PRIOR TO BINDING.
FLEET AUTOMATIC
The premium quoted is the final annual premium. Subject to the conditions described in item #2
below, this coverage will not be audited.
# 1 - Commercial Automobile Liability
Coverage is automatically provided for ANY AUTO the entity owns or acquires during the Policy Period.
# 2 - Commercial Automobile Physical Damage
Coverage is provided on a "Fleet Automatic~ basis. This means that any auto{s) the entity acquires
during the term of the policy will be covered automatically, provided it is an additional new auto or
replaces an auto the entity previously owned which had Physical Damage coverage. The entity must
inform Trident that they desi re Physical Damage coverage for these autos withi n 30 days after the entity
acquires the auto(s). The entity must submit a request for coverage for any auto(s) which do not meet
the conditions outlined above. Coverage for these autos will be added byandorsement.
IMPORTANT NOTE: The Insured should continue to submit all change request to their agent and
the agent should submit copies of all requests to Trident to insure accurate record keeping and
claims verification.
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554
Property
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Blanket coverage is quoted subject to receipt of current signed statement of values for underwriting
review within 30 days of the policy effective date.
Replacemenl is only available on property built and/or updated within the past 30 years. Replacement
cost is quoted. The following information is required at the time of binding: year built, details on
renovations of heating, wiring, plumbing and roofing on locations: All locations over 30 years of age.
Provide color photographs of buildings within 30 days of the effective date of the policy effective date.
Provide copy of current professional property appraisal for Hospital (815 N. M.agnolia) and County
Medical Center (1300-1310 N. Virginia) PRIOR TO BINDING.
Please note that Equipment Breakdown will not apply for locations 21 - Hospital and 22 - Home Health
Office.
Provide following information PRIOR TO BINDING: What is occupancy for locations 9-2 and 26-17
~
Provide the number of Class A and B employees PRIOR TO BINDING.
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SS5
l.~~ VF I 5 VFlS of Texas/Regnier & Associates
f"~ @ 4450 Frontier Trail . Austin, Texas 78745-1514 . (512) 448-9928 . (800) 252-9435 . Fax (512) 448-9929
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BENEFITS OF VFIS INSURANCE COVERAGE:
· ALL ENTITIES SPECIFICALLY NAMED AND COVERED
FOR GENERAL LIABILITY AND AUTOMOBILE LIABILITY:
1) CALHOUN COUNTY EMS
2) MAGNOLIA BEACH VFD
3) OLlVINPORT ALTO VFD & EMS
4) POINT COMFORT VFD & FIRST RESPONDERS
5) PORT LAVACA FIRE DEPARTMENT a
6) PORT O'CONNOR VFD .
7) SEADRIFT AREA VOL EMERGENCY SERVICE
· AGREED VALUE PHYSICAL DAMAGE ON ALL FIRE
APPARATUS AND AMBULANCES (NO DEDUCTION FOR
DEPRECIATION).
· COUNTY EMS MEDICAL DIRECTOR COVERED FOR:
1) ADMINISTRATIVE DUTIES
2) HANDS-ON COVERAGE EXCESS OVER HIS
PERSONAL MEDICAL MALPRACTICE POLICY
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"Insuring Emergency Service Organizations Since 1969."
<::'C6
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An Insurance Proposal
Prepared. For
Calhoun County
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Presented By: Regnier & Associates Inc
4450 Frontier Trail
Austin, TX 78745
800-252-9435
Prepared By: VFIS Of York
183 Leader Heights Road
York, PA 17405
(800) 233-1957
Date: May 14,2003
This proposal is valid for 90 days
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GENERAL INFORMATION
First Named Insured:
Calhoun County
Extended Named Insured(s):
Limitation Named Insured(s): Calhoun County EMS; Magnolia Beach VFD; OliviaIPort
Alto VFD & EMS; Point Comfort VFD & First
Responders; Port Lavaca Fire Department; Port O'Connor
VFD; Seadrift Area Volunteer Emergency Service
Mailing Address: 211 South Ann Street
Port Lavaca, TX 77979 e
Contact: Ben Comiskey
Phone Number: 361-553-4610
Applicant Number: C21623
This proposal is prepared from information supplied to VFIS on the factfinder submitted by thc
insurance representative who requested the proposal. Your insurance representative requested
the enclosed coverage limits and options.
This proposal is not a policy, nor is it intended as such. Actual coverage is provided only by the
policy.
Please remember that your loss exposures change over time. It is necessary to keep your
insurance representative informed about changes so your policies can be revised. We strongly
recommend regular and frequent reviews of your operations and coverages with your insurance
representative.
Note: This Dronosal is based solelv on the insurance eXDosures of the ol1!anization!s)
shown above as the "Limitation Named Insured!s)". All of the covera!!e. described here
and anv nolicies that we issue will annlv only to iniury or dama!!e arisin!! out of the
firefi!!htin!!, reseue, ambulance or incidental operations of the emcl"l!cncv scrvice
ol1!anization!s) listed as the "Limitation Named Insured!s)",
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Page 1
558
RISK CONTROL SERVICES
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As part of VFIS's loss control services, we wil1 be providing your organization with an on-site
loss control survey. This survey wil1 be performed by a trained loss control representative of
VFIS. The representative wil1 review with you your most serious safety exposures. They wil1
help you to address these exposures so that your organization can reduce or eliminate losses.
Reducing losses helps you to conserve resources and continue your mission of saving lives and
property.
If you have any questions or wish to discuss the survey, please contact Todd Thompson, VFIS
Risk Control Services at 1-800-233-1957.
Please Read Carefullv
This document has been developed from Mitten information provided by your organization to our company
in connection with your application for insurance and is provided to increase your awareness of potential
hazards. Neither our company nor any of our insurance companies, employees, representatives or agents
have undertaken a loss control survey of your premises, equipment or operations in connection with your
application. The recommendations enumerated in this document do not constitute a safety inspection and in
no way supplant your duty to provide a safe place of employment or to establish safe methods of operation.
C<lmpletion of all of the recommendations contained in this document does not assure that every hazard bas
been adequately controlled or that no other hazards exist. We do NOT warrant that any or all property,
operations, workplaces, machinery or equipment are safe or in compliance with any law, rule, regulation OT
ordinance.
Note: If coverage is accepted, a Risk Control inspection will be performed on all covered
entities. Compliance with Risk Control recommendations, if any, will be mandatory for all
entities.
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Page 2
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SS9
560
PROPERTY
Schedule of Locations
Premises
Address
216 EMahan-EMS Station
Schedule of Limits
Premises
Buildin2s
Not Covered
Property Deductible: $500
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Contents
$121,500
Note: Losses resulting from earthquake, volcanic eruption or flooding are subject to a combined ..
building and contents limit of $500,000 per covered premises. A $1,000 deductible applies. If a ..
limit in excess of $500,000 for earthquake or volcanic eruption is needed, please ask your
insurance representative to obtain a quote.
Page 3
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PROPERTY COVERAGE EXTENSIONS
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Deductible Waiver .............. ................................................................................................ .Included
Building Ordinance Coverage....................... ..... ........... ........... ............. ........... ................... .Included
Commandeered Property...........................................................Full Replacement Cost/Loss of Use
Software............. .......... ...... ..................... ............... ....................... .............. ..... .......... .........$250.000
Loss of Income....................................... ............... ........ ......... ........................ Actual Loss Sustained
Extra Expense ............................................................................................Actual Incurred Expense
Valuable Papers and Records........................................................................... Actual Incurred Cost
Accounts Receivable........................................................................................ Actual Incurred Cost
Money & Securities .............. ................................................................................................. .$5.000
Sirens. Towers, Antennas and Similar Equipment .......................... Included in Building Coverage
Personal Effects ...................................................................... Full Replacement Cost for Members
$1,500 per Person/$15,000 per Occurrence for Non-Members
Primary Coverage With No Deductible
Trees, Shrubs. Plants and Lawns ..................................................................Full Replacement Cost
Exterior Signs.................. ................ ............. ....................................... .......... Full Replacement Cost
Equipment Breakdown.........................................................................................................Included
FIDELITY BOND
Coverage Not Requested
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Bond Form
Covenn e
Amount of
Coveraee
Note that the following losses are not covered:
· Those caused by a person for whom similar coverage has been cancelled in the past and not
reinstated. and
. Those caused by a person after your discovery of any dishonest act committed by that person.
Page 4
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561
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PORTABLE EQUIPMENT
Coverage Not Requested
Blanket Portable Equipment Coverage
Covered For
Limit
Deductible
Coverage Extensions
Deductible Waiver .............................................................................................................................
Valuable Papers and Records........................................................................... Actual Incurred Cost
Non-Owned Portable Equipment ................................................................................... ....................
Personal Effects ................ ............................. ............. ............................ .................... ................... ....
Watercraft ......................................................................................... ................................................. ..
Personal Watercraft Get skis, waverunners) ...................................................................................... ..
Trailers Used Primarily to Transport Covered PE .............................................................................
Scheduled Portable Equipment Coverage
Coverage Not Reques1ed
DescriDtion ofEqniDment
Deductible
Limit
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Page 5
562
AUTOMOBILE
Liability Limits
Coveral!e
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bim!!!
Combined Single Limit For Bodily Injury and Property Damage
(Each Accident)..... ................ ........ ............... ........ .......... ........ .... ............ .......... ..... ...... ........$500.000
"No Fault" or Statutory Personal Injury Protection .............................................................Included
Medical Payments (Each Person)..................................................................................Not Included
Uninsured MotoristslUnderinsured Motorists
(Combined Single Limit Each Accident)............................................................................$500.000
Non-Owned Vehicles............ ..................... ....................... ............. .................. .................... Included
Temporary Substitute Vehicles........ ......... ..................... ........ ............................................ ..Included
Fellow Member Liability ............. ............... ......... ...... ........... ........ ............ .................. ........ .Included
Garage Liability ..... ..................... ...... .......... ............ .... .............. ........ ............ .......... ............ .Included
Schedule of Covered Vehicles
Veh.
No. Year Mili Classification
] 1998 Chevy Amb ALS
2 1998 Chevy Amb ALS
3 2002 Chevy Amb ALS
4 2002 Chevy Amb ALS
e 5 1994 Chevy
Caprice
6 1997 Chevy
Suburban
7 1997 Chevy Salvage
8 1995 SRU Trailer
9 1987 Wells Farg Trailer
10 1996 GMC Amb BLS
11 1954 GMC Brush Vehicle
12 1999 Freightliner Pumper
13 1992 Chevy Rescue Lt
14 1980 Boat Trailer
IS 1976 GMC Tanker
Page 6
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ACV
Agreed Compo Coli.
Value Ded. Ded.
$109,000 $1,000 $1,000
$109.000 $1,000 $1,000
$109.000 $1.000 $1,000
$109.000 $1.000 $1,000
$1.000 $1.000
x
X $1.000 $1.000
$32.000 $1,000 $1,000
$20.000 $1.000 $1.000
$10,000 $1.000 $1.000
$80,000 $1.000 $1,000
$50,000 $1.000 $1,000
$300.000 $1.000 $1,000
$90.000 $1.000 $1.000
$120,000 $1.000 $1.000
563
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Veh. Agreed Compo ColI.
& ~ ~ Classification ~ Value Ded. Ded.
16 1995 Ford Amb BLS $109,000 $1,000 $1,000
]7 1983 GMC Mini Pumper $50,000 . $],000 $1,000
]8 1999 Int'l Pumper $]60,000 $1,000 $1,000
19 1990 Lee Trailer $40,000 $1,000 $1,000
20 1989 Ford Brush Vehicle $50,000 $1,000 $1,000
21 1983 Jeep Brush Vehicle $50,000 $1,000 $],000
22 2001 GMC Pumper $180,000 $1,000 $1,000
23 1982 Chevy Pumper $120,000 $1,000 $1,000
24 1992 GMC Rescue Lt $120,000 $1,000 SI,OOO
25 1980 Chevy Tanker $120,000 $1,000 $1,000
26 1981 Ford Pumper $120,000 $1,000 $1,000
27 ]992 Int'l Pumper S180,OOO SI,OOO $1,000
28 2000 Int'l Pumper $240,000 $1,000 $1,000 e
29 2000 Chevy Amb BLS S109,000 $1,000 SI,OOO
30 1978 Chevy Pumper $120,000 $1,000 $1,000
31 1980 Chevy Tanker $120,000 SI,OOO $1,000
32 1998 Freightliner Pumper $160,000 $1,000 SI,OOO
33 1984 Chevy Rescue Lt S50,000 SI,OOO $1,000
34 1999 Chevy Amb BLS SIIO,OOO SI,OOO SI,OOO
35 1978 Chevy Tanker $120,000 $1,000 $1,000
36 1985 Chevy Tanker $120,000 $1,000 $1,000
37 1995 Ford Pumper $120,000 $1,000 $1,000
38 1954 GMC Tanker $50,000 $1,000 $1,000
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Page 7
564
AUTOMOBILE COVERAGE EXTENSIONS
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Liability
V olunteers/Employees as Insureds............................................................................. ......... Included
Hired/BolTowed Auto Liability (Excess) .............................................................................Included
Commandeered Auto Liability (Primary) ............................................................................Included
Blanket Additional Insured.............................. .................. ........ ................................. ......... Included
Phvsical Damal!e
Deductible Waiver......................................................................................................... ..... .Included
Volunteer's or Employee's Personal Automobiles · ...........................................................Included
Hired, Borrowed or Commandeered Vehicles (ACV/Primary)....................................Not Included
Towing and Labor ...................................................................................................... Incurred Costs
Full Glass Coverage.. ................................................................. .......................... ............... .Included
Customized Vehicle Extension.... ............... ..................................... .................................... Included
Freezing ofPennanently Attached Special Equipment .......................................................Included
Garagekeepers Insurance......... ......... ...................... ........... .................................................. ..$50,000
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· Coverage is provided for damage to an automobile owned or used by a volunteer or employee
while enroute to, during, or retwning directly from an emergency or other activity performed at
the direction and knowledge of an officer of your organization. The damage must be a result of a
covered loss, such as comprehensive or collision. The policy will pay up to the Actual Cash
Value (ACV) of a member's vehicle if it is not otherwise covered for physical damage, or the
amount of the deductible if it is covered for physical damage. (In New York, we'll pay the
lesser of$1 ,ODD or the volunteer'slemployee's deductible.)
Note: The PIP limit is $2,500.
Note: Automobile Liability will. be written with Symbol 7, 8 and 9 and Physical Damage
wiu be written with Symbol 7. Only those vehicles specifically described and for which a
premium charge is made are covered.
Page 8
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~65
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GENERAL LIABILITY
Covers !!e
Li~its
General Aggregate Limit..... ....... ........ ............... ....... ...... ......... ............... ..$1 ,000,000
Products/Completed Operations Aggregate Limit .............................. .....$1,000,000
Personal Injury and Advertising Injury Limit .............................................$500,000
Bodily Injury & Property Damage Each Occurrence Limit ........................$500,000
Fire Damage Legal Liability Limit (Any One Fire) ....................................$500,000
Medical Expense Limit (Any One Person) ...................................................$1 0,000
Note: Coverage is included for activities both on and off the premises. The aggregate limit
applies separately to each named insured and to each location occupied by the insured.
Automatic Extensions of Covera!!e
Included
Volunteers/Employees As Insureds ............................................................................................ Yes
Intentional Acts... .................. .............................. ............................ .......................................... .. Yes
Professional Health Care Liability .............................................................................................. Yes
'Good Samaritan' Liability ......................................................................................................... Yes
Injury to Volunteers (if we on volunteers is not carried or required)........................................ Yes
Fellow Member Liability ............................................................................................................ Yes
Contractual Liability ..... .:.. ................... .......................... ........... ..... ......................... ........... ........ . Yes
Non-Owned Watercraft Liability ................................................................................................ Yes
Owned Watercraft Liability (100 horsepower or less)................................................................ Yes
Personal Watercraft Get skis, waverunners) ............................................................................... Yes
Blanket Additional Insureds.. ....... ............... ....... ........... ......... ........... ......................................... . Yes
'Host' Liquor Liability ................................................................................................................ Yes
Qntional Extensions of Covera!!e Inclnded
Employer's (Stop Gap) Liability ....... .............. ...................... ...................... ........................ ........ ..No
Owned Watercraft Liability (exceeding 100 horsepower)............................................................No
Liquor Law Liability......... ........ ....... ....... ............................................. ................... ............... ..... ..No
Operational Pollution Liability (Emergency Operations, Training, and Washdowns) ............... Yes
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Note: Your Medical Dircctor is covered for his Administrative Duties and hands-on
iictivities (excess over his medical malpractice policy). Coverage for his on-line
telecommunication instruction (excess Over his medical malpractice policy) will be
considered if the proposed coverages are purchased through VFIS.
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Page 9
- 566
MANAGEMENT LIABILITY
("CLAIMS MADE")
Coverage Not Requested
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Covera!!e
!d!!!.i!!
Each Wrongful Act ....................................................................................................
Annual Aggregate....... ........... ...... ....... ....... ................... ........... ........... ........ ....... ........
Each Wrongful Act Deductible..................................................................................
Employment Related Practices Liability ....................................................................
Employee Benefits Liability......... .... .................. ........ ................................. ........ .......
Outside Directorship Liability........................ ............... ............... ....... ....... ........ ........
Defense Expense For Injunctive Relief......................................................................
Blanket Additional Insureds.... ........ ........ .......................... ............... ....... ............. ......
UMBRELLA/EXCESS LIABILITY
Coverage Not Requested
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Umbrella Liability provides your organization with three benefits:
1. It provides excess coverage over your primary liability insurance.
2. If your primary policy does not cover a particular exposure and the Umbrella policy does not
specifically exclude it, then the Umbrella policy will act as your primary policy.
3. The Umbrella policy will automatically provide coverage for primary liability policies whose
aggregate limits have been exhausted.
Covera2e
Limits
Policy Type ...........................................................................................
Each Occurrence ............ .............. ......... ................... .......... ...................
Annual Aggregate .................................................................................
Retained Limit on Uninsured/Self-Insured Exposures .........................
Blanket Additional Insured ...................................................................
Page 10
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567
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PREMIUM SUMMARY
Premium
Property........ ......... ........... ............ ................... .......................... .$960
Fidelity Bond...................................................................Not Quoted
Portable Equipment........................................................ .Not Quoted
Automobile ..........................................................................$43,84 7
General Liability ... ........ ............... .......................................... .$4,952
Management Liability .....................................................Not Quoted
Umbrella/Excess Liability...............................................Not Quoted
Total Estimated Annual Premium.....................................S49.759
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The total premium charge shown above does not include any state imposed taxes, surcharges,
recoupment charges. etc.
Note: The premiums above may have been quoted on a package policy. If so, package credits
may be included. Purchasing some coverages but not others could result in the loss of these
credits.
Note: Please have the insured complete, sign and date the enclosed UMIUlM selection/rejection
form(s) required in your state. Return them to us along with the VFIS order form. If we don't
receive them, we may have to issue lhe policy wilh different UMIUlM limits than were quoted
and amend the premium accordingly, in order to comply with statutory or regulatory
requirements.
Note: In accordance with the Terrorism Risk Insurance Act of 2002, effective November 26,
2002 you are entitled to insurance coverage for losses arising out of acts of terrorism, as defined
in the Act, subject to all other applicable provisions.
You should know that any covered losses caused by acts of terrorism will be partially reimbursed
by the United States under a formula established by federal law. You will be receiving a formal
disclosure notice direetly from your insurance carrier outlining your options and the premium
attributable to this coverage. At this time, we do not know what premium, if any, will be
attributable to this coverage.
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Page 11
568
VFIS ORDER FORM
Calhoun County (TX)
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Coverage Effeetive! Accept Decline Premium
Expiration Dates lnitial to accept Initial to decline Quoted
coverage coverage
Property 7/17/03-iJ4 Iv'f! $ 960
Fidelity Bond $
Portable Equipment $
Automobile 7/17/03-iJ4 If $ 43,847
General Liability 7/17/03-iJ4 If $ 4,952
Management Liability $
UmbrellalExcess $
Total 7/17/03-iJ4 11/' $ 49,759
Payment Plans
Installment Option
(no installment fee)
Semi-Annual ($2,500 account minimum)
Quarterly ($3,500 account minimum)
Ten Pay (SI0,OOO account minimwn and
25% downpayment)
OR
Finance Option [] Yes, send a customized agreement.
Sigua2f:((;;~;:;;:istSf 4..entative
5-;).'j-rfJ
Date
Age.cy Name!Address
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Producer/Service Rep
Before you return this form, you must:
1. Provide the INSURED'S Federal ID#: 74-6001923
2. ldc.tit)- all mortgagees, loss payees and (for Auto only) additional insuredsllessors (provide
address). List attached.
3. Choose SI,ooO,OOO underlying limits when there is an Umbrella.
This Is not II binder, nor should II be used as one. This/arm is sou/Ylar the purpose of ordering property and
CQ.SllalJy insurance coverages for which VFIS has provided a vaJIJ quote.
Page 12
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069
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INTERLOCAL AGREEMENT (ICC)
ADOPTION AGREEMENT INSTRUCTIONS'
Acceptance of an I ntenacal Agreement (ICG) coverage quote constitutes adoption of the initial I CC agreement.
The public entity must then complete and execute an Adoption Agreement in the following manner:
1. Insure that the Adoption Agreement is formally approved by a resolution of the Governing
Body of the Public Enmy.
2. Complete and execute the Adoption Agreement.
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3. Mail original, completed and executed Adoption Agreement to Trident Insurance Services
LLC. at the address shown below.
The public entity and agent should retain copies for their files.
Mailing Address for Trident Insurance Services LLC:
Trident Insurance Services, LLC
P.O. Box 460729
San Antonio, Texas 78246-0729
Physical Address:
9311 San Pedro, Suite 700
San Antonio, Texas 78216
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3
570
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ADOPTION AGREEMENT PURSUANT TO CHAPTER 791
OF THE TEXAS GOVERNMENT CODE WITH RESPECT TO THAT
CERTAIN INTERLOCAL AGREEMENT CONCERNING PROVISION
OF CERTAIN INSURANCE COVERAGES AND REINSURANCE OF SUCH COVERAGES
This Adoption Agreement is hereby entered into by
.m...H__....~alhClllIl__COu:'!:Y-_______ ______________n' Texas (name of political
subdivision),
a ____-"."':"\ty ____ (description of type of political subdivision), acting through its
Ccmnissioners Court (description of governing board), and is effective on the
____LL_____ day of __ll!l~____________, 20Cla:3
R E C I TAL S:
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WHEREAS, ___c;~~h9""_County__________, Texas (the name of the political
subdivision) is a political subdivision of the State of Texas (hereinafter the "Adopting Party");
WHEREAS, as a political subdivision of the State of Texas, the Adopting Party is
required to perform certain governmental functions and services as those terms are defined
under
Section 791.003 of the Texas Government Code;
WHEREAS, the Adopting Party desires to contract with other political subdivisions for Ihe
purpose of achieving efficiencies and economies as respects the provision of certain insurance
coverages necessary or desirable to the governmental functions and services of the political
subdivision and the reinsurance of such coverages;
WHEREAS, the Adopting Party is willing to jointly enter into agreements with other
political subdivisions to provide and procure certain insurance coverages and services through
the Texas Association of Political Subdivisions Interlocal Agreement pursuant to Chapter 791 of
the Texas Government Code Concerning Provision of Certain Insurance Coverages and
Reinsurance of Such Coverages ("the Interlocal Agreement") to cooperate and assist such
political subdivisions in identifying vendors, assessing needs for insurance coverages, arriving
at specifications for requests for proposals as respects insurance coverages, and assisting in
procuring the optimum reinsurance coverages at the lowest possible cost;
WHEREAS, the governing bOdy of the Adopting Party has agreed to the terms and
conditions of the Interlocal Agreement.
NOW, THEREFORE, for and in consideration of the premises and mutual covenants and
agreements set forth below, and other good and valuable consideration, the Adopting Party
does hereby agree to and adopt the terms and conditions of the InterJocal Agreement.
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571
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I.
PURPOSE
1.01 The purpose of this Adoption Agreement is to evidence the agreement to and
adoption of each and every and all of the terms and conditions of the Interlocal Agreement with
an original effective date of May 11,2000, originally executed by Grav County. Texas and
Lipscomb Countv. Texas, political subdivisions of the State of Texas (hereinafter "the
Agreement").
1.02 Upon execution of this Adoption Agreement it shall be attached to and made a part
of the Interlocal Agreement. Once attached to the Interlocal Agreement, this Adoption
Agreement and the Interlocal Agreement shall constitute one agreement among all the parties
previously executing the Interlocal Agreement, adopting the Interlocal Agreement and the
Adopting Party.
II.
TERM
2.01 This Adoption Agreement will be effective as of the date designated as the
"Effective Date" by the governing board of the political subdivision executing this Adoption
Agreement (the "Effective Date").
2.02 This Adoption Agreement shall expire upon the expiration date of the Agreement;
provided. however, that the Adopting Party may terminate its participation in the Agreement at
any time upon ninety (90) days prior written notice to the other parties.
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III.
GENERAL PROVISIONS
3.01 A political subdivision agreeing to and adopting the terms and conditions of the
Interlocal Agreement fully agrees and understands that it has agreed to all of the terms and
conditions of the Interlocal Agreement and that this Adoption Agreement taken together with the
Inlerlocal Agreement constitutes the entire understanding of the parties relating to the subject
matter of the Interlocal Agreement and this Adoption Agreement and supersedes any prior
written or oral understanding of the parties with respect to the subject matter of such
documents.
IN WITNESS WHEREOF, the undersigned political subdivision has been authorized by
the governing board of such political subdivision to enter into this Adoption Agreement on the
._~L day of _1I<>L______, 2002':to certify which this document is hereby executed under
authority of the above named political subdivision by:
---7J1~fL~_______
BY: Michael J. Pf eif er
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TITLE:
County Judge
. 572
~~g~ MEDICAL SERVICES ASSETS - TRANSFER
_ __ ____ FROM HOSPITAL
A Motion was made by Commissioner
Commissioner Galvan to accept th Floyd and. seconded by
Emergency Medical Servo e rev~sed l~st of
Barber, with EmergenCY~~~~i~~~e~s a~ corrected by Henry
to be transferred and to handl e~~ces, as being assets
co~tribution to the Count f e t e tran~er as a
be~ng transferred a tran~f rom the Hosp~tal with no funds
a "Transfer Out" ~nd a redu~~.bet~een.county funds showing
Hosp~tal's books and a "T f~on ~n f~xed assets on the
fixed assets on the countr~n er In" and an increase in
Bfalajka, Floyd, Finster a~dsJ~~gO~Spf ~ofmmissioners Galvan,
avor. e~ er all voted in
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EMERGENCY MEDICAL SERVICES - ADD HIPAA RELATED DUTIES TO
ESSENTIAL JOB DESCRIPTIONS
A Motion was made by Commissioner Floyd and seconded by
Commissioner Balajka to authorize the Human Resources
Coordinator to add HIPPA related duties, as appr?ve~ by of
Ra Associates, Inc., to the essential job descr1pt1ons
Em~rgency Medical Services pers?nn~l and to approvelt~~
updated job descriptions. Comm1SS1oners Ga~van, Ba aJ a,
Floyd, F1nster and Judge Pfeifer all voted 1n favor.
24. Discuss and take necessary action to authorize tbe Human Resources Coordinaror to Jdd
HIP AA related duties, as approved by Ray Associates, Inc., to tbe essential job
descriptions of EMS personnel, and approve the updated Job Descriptions.
From e-mail from Katherine Ray of Ray Associates, Inc.
The points that I believe showld be in the job descriptions are as follows, and all
should be _
added to the essential duties section of the job descriptions:
Protects the privacy of all patient information in accordance with the County's
privacy policies, procedures, and practices and as required by HIPAA;
Accesses protected health information and other patient information only to the
extent necessary to complete the duties of this job, sharing information oniy with
those persons who
have a need to know to complete their job responsibilities relating to treatment,
payment; or other related county operations;
Reports any concerns regarding the county's policies and procedures on patient
privacy, as wellasany observed practices in violation ofthatpolicy, to the
designated Privacy Officer;
Actively participates in the county's privacy training and communicates privacy
policy information to coworkers, students, patients, and others in accordance with
the countys' policies..
The
for
above to be added to the essential ~uties section of the Job Descriptions
the following:'
Director of EMS
Assicitant Director of EMS
Paralledic Field Supervisor
Paramedic Crew Chlef
Paramedic SuperVisor/Training
Paramedic
Licensed Paramedic
Emergency Medical Technician
E~ergency Medical Technician
Coordinator
. ;}DO ~
~t: ~,,~
i~ l"""
Intermediate
575
COUNTY EMPLOYEE EVALUATION FORMS AND POLICY
A Motion was made by Commissioner Galvan and seconded by
Commissioner Floyd to approve the Commissioners' Court
policy to require that all original employee evaluation
forms be completed and returned to the Administrative
Assistant/Human Resources Coordinator for filing, and
authorize the County Judge to issue a memo to all elected
officials and department heads/supervisers advising them
of the Court's policy regarding the completion and return
of the forms. Commissioners Galvan, Balajka, Floyd,
Finster and Judge Pfeifer all voted in favor.
A Motion was made by Commissioner Galvan and seconded by
Commissioner Floyd to amend the Motion to read:
Approve the Commissioner's Court policy to require that
all original employee evaluation forms be completed and
returned to the A1ministrative Assistant/Human Resources
Coordinator for filing, and authorize the County Judge to
issue a memo to all elected officials and department
heads/supervisors advising them of the Court's policy, in
order for the departments to be considered for salary
increases, regarding the completion and return of the
forms. Commissioners Galvan, Balajka, Floyd, Finster and
Judge Pfeifer all voted in favor.
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GUADALUPE RIVER BASIN HAZARD MITIGATION PLANNING
INTERLOl"J\.T, AGREEMENT
A Motion was made by Commissioner Floyd and seconded by
Commissioner Balajka to approve the Guadalupe River Basin
Hazard Mitigation Planning Interlocal Agreement with
Guadalupe-Blanco River Authority and authorize the County
Judge to sign the agreement.
A Motion was made by Commissioner Floyd and seconded by
Commissioner Galvan to Amend the Motion to appoint the
County Judge as point of contact regarding said Agreement.
Commissioners Galvan, Balajka, Floyd, Finster and Judge
Pfeifer all voted in favor.
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Vote on the Main Motion: Commissioners Galvan, Balajka,
Floyd, Finster and Judge Pfeifer all voted in favor.
RECEIVED
G~
MAY 12 2003
Mike Pfeifer
Calhoun County Judge
GUADALUPE.BLANCO R1VER AUTHOR1TY
GENERAL OFFICE
933 Eas! Coun S!r~e!
Seguin. Tex~ls 7815';
Phone: 830-379-5822
F;lX: 830-379-9718
COlETO CREEK PARK
AND RESERVOIR
P,O. Box 68
Fannin, Texas 77960
Phone: 361-575-6366
Fax: 361-575-2267
May 8, 2003
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LA.KE WOOD
RECREATION AREA
167 FM 2091 South
Gonz;lles. Texas 78629-6051
Phone: 830-672-2779
The Honorable Michael Pfeifer
Calhoun County Judge
211 S. Ann St., 3'd Floor
Port Lava, TX 77979
LOCKHART WATER
TREATMENT PLANT
547 Old McMahan Road
lockhart, Texas 78644
Phon" 512-398.3528
Dear Judge Pfeifer:
576
LOCKHART
WASTE\VATER
RECL\..MAllON
SYSTE:-.I
4435 F,\j 20 E3S{
Lockhart. Tex:Js 78644
Phone: 512-398-6391
Fax 512-398-6526
LULlNG \VATER
TREATMENT PL,,-,'JT
350 .\1emorial Drive
_LUling, Texas 78648
lhon..:: 830-875-2132
hx: 830-875-3670
PORT LAVACA
OPERATIONS
P.O. Box Jt~6
Port L:wac:J, Texas 77979
Ilhonl:: 361-552-975]
Fax: 361-552-6529
SAp; :>1ARCOS \'rATER
TREATMENT PL\[\;T
91 aid Hastfop RlXld
S:ln "'!arcos, Tex:ls 786(ll
Phon!.:: )]2-3)3-3881:\
F~L" 512-))'3-5127
VICTO!{IA REGIO,'\!AL
\X'A:iTE\X'ATER
]{ECL\.\IXnOI\'
:iY'iTE:>1
1'.,jl\u:>\20H)
\ictWI:I. Tt:.";h -;()02-20S"i
I'h()lw: .~()] -"i7:-k~:-;7:-;
F:,,,. j()]-"i7S-<J'l3L)
L;!iIC\ \\TB~ITF
h:iP/'www.;"hl:I.",<'
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This is a follow-up to my letter of March 28, 2003 regarding the development of
a comprehensive, all-hazards Hazard Mitigation Action Plan for the Guadalupe
River Basin under the auspices ofthe Guadalupe-Blanco River Authority.
Although your jurisdiction was not represented at the kick-off meetings held
April 7 - 9, 2003, there is still time to join in this important planning process.
Participation in this voluntary effort will help ensure that your local jurisdiction
maintains its eligibility for pre- and post-disaster Federal hazard mitigation
grant funding. More importantly, however, it should result in a plan that helps
reduce the risk of loss of life and property in your jurisdiction from the full
range of natural and man-made disasters and help streamline the disaster
recovery process.
Attachment 1 contains an article that describes the planning process. If your
jurisdiction chooses to participate in the basin-wide effort, there are several
things that we will need from you by May 23, 2003. These include:
I. Interlocal Agreement. We are asking jurisdictions that choose to
participate in this initiative, and avail themselves ofthe technical assistance
provided by GBRA, to formalize their participation by signing the attached
Interlocal Agreement (see Attachment 2). TItis non-binding Agreement sets
forth the goals and objectives of the initiative and the respective roles and
responsibilities in the development of the plan.
2. Local Capability Assessment Survey Form. GBRA, with the assistance of its contractors
--H2O Partners, Inc. in a teaming arrangement with PBS&J --is seeking input from local jurisdictions
for the plan at key strategic points. The attached Capability Assessment Survey Fonn (Attachment 3)
is designed to obtain baseline infonnation about your community and how local programs are
currently being used to lessen the impacts of natural and man-made hazards. The survey form also
collects infonnation on your local jurisdiction that the State Division of Emergency Management
requires to be a part of an approved Hazard Mitigation Plan.
3. Attendance at Mitigation Workshop. A series of three Mitigation Workshops is planned
for June 23 - 25. one each in the Upper, Middle and Lower Basin. The workshops will be working
sessions to help fonnulate goals and objectives to mitigate the risks identified in the risk assessment,
and to develop a preliminary list of mitigation actions and action plans for your jurisdiction.. It is
critical that your jurisdiction be represented at this important working session if it is to be included in
the plan. Additional details on the dates and locations of each session will be forwarded to you
shortly.
4. Estalishment of a Single Point of Contact. Finally, we are requesting that each
jurisdiction designate a single point of contact for this planning effort. Having a single point of
contact will help facilitate communications among your jurisdiction, GBRA and the contractors_
Attachment 4 contains a fonn on which you may designate the single point of contact for your
jurisdiction.
The signed Interlocal Agreement should be returned to Judy Gardner, Manager of
Communications and Education, Guadalupe-Blanco River Authority, 933 East Court Street, Seguin,
Texas 78155. The Local Capability Assessment Survey Form and Point of Contact fonn should be
returned to Laurel Lacy, H2O Partners, Inc. at 4402 Lakeway Boulevard, AUstin, Texas 78734-5019.
We will need these materials hy May 23, 2003 in order to include your jurisdiction in the plan.
In the meantime, should you wish to learn more about the basin-wide plan for the Guadalupe
River Basin or discuss any concerns you may have about the planning process, we would be pleased to
schedule a time for discussion. For more information, contact Laurel C. Lacy, H2O Partners, Inc. at
512-261-0705 or by entail at LaureILacy@aol.com. In addition, at any time, please reel free to contact
Tommy Hill, Chief Engineer and the GBRA Program Manager for the planning initiative at 830-379-
5822 or email thill@gbra.orgorJudyGardner,ManagerofCommunications and Education, at the
same nwnber or email i gardner@gbra.orlZ..
We hope that you join us in this process, working together to reduce the devastating
effects of natural and man-made disasters for the benefit of the citizens throughout the basin.
Sincerely,
~~
W. E. West, Jr.
General Manager
Attachments (4)
~77
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GUADALUPE.BlANCO RIVER AuTHORlIT
All-Hazard Mitigation Action Plan Project
Guadalupe River Basin
INTRODUCTION
The Guadalupe-Blanco River Authority (GBRA) is
sponsoring the development of a comprehensive Hazard
Mitigation Action Plan for the cities and counties in a nine.
county area. The planning area includes: Caldwell.
Calhoun, DeWitt, Gonzales, Guadalupe, Hays, Kendall,
Refugio, and Victoria Counties and the incorporated cities
within those counties.
This effort is funded by a Pre-Disaster Mitigation Grant
from the Federal Emergency Management Agency (FEMA)
that will provide funding to GBRA Pre-Disaster Funding
will be used to provide technical support to iocal
jurisdictions in the development of the plan.
The purpose of this planning initiative is to develop a
comprehensive, all-hazard Hazard Mitigation Action Plan
that meets all State and Federal requirements. The Plan
will help localities maintain their eligibility for certain future
Federal funding, especially the Hazard Mitigation Grant
Program. A FEMA-approved Mitigation Plan is required for
eligibility for participation in the Emergency Management
Performance Grant Program and in projects under the Pre-
Disaster Mitigation Grant Program.
THE ALL-HAZARD MITIGATION
ACTION PLAN
The product of this planning process will be
comprehensive, all-hazard Hazard Mitigation Action Plan.
The plan will outline actions designed to address and
reduce the Impact of a full range of natural hazards facing
the Guadalupe Basin, including such natural hazards as
floods, tornadoes and high winds, hurricanes, earthquakes,
wildfires, drought, dam failure, fires, drought and extreme
heat, and man-made hazards such as fuet pipeline
accidents, hazardous materials incidents and terrorism.
For the GBRA, a multi-jurisdictional planning approach will
be utilized. By having multiple jurisdictions work together
on common hazards/risks, the proposed planning process
outlined below will be more efficient by eliminating the need
for each local jurisdiction to devise its own approach and
prepare its own separate document. Further, this type of
578
planning effort will result in common plan formats and ioss
estimation techniques that will help the State and FEMA
understand area vulnerabilities and evaluate future policies
and projects.
While a single, basin-wide plan will be developed, each
local jurisd\ction will have its own separate "action
plan" as part of the overall, basin plan. Each local
Jurisdiction's ptan must be reviewed and adopted by its
governing body, such as City Council or Commissioners'
Court.
e
PROCESS OF DEVELOPMENT
GBRA will provide technical support to participating
jurisdictions through a consultant team headed by H20
Partners, a Texas based firm. H20 Partners will work
PBS&J, a national engineering company, to provide the
best possible support to GBRA and its participating
jurisdictions.
The entire plan must comply with the State of Texas
Planning Standards for Mitigation Action Plans (Annex P,
items P-29 through P-52), issued by Ihe State Division of
Emergency Management in the Texas Department of
Public Safety. It also must comply with Section 201 of
Section 44 of the Code of Federal Regulations. The
planning process will involve the steps listed below:
CAPABILITY ASSESSMENT
A Capability Assessment questionnaire will be provided to
local jurisdictions during the first kick-off workshop. ThIS
workshop is designed for local officials to outline Ihe
planning process and ensure that all participants
understand their roles and responsibilities. Using a
questionnaire, the H20 Partners project leam will collect
information about the technical. fiscal, legal, administrative
and other capabilities of each jurisdiction. This
questionnaire will help the project team understand
development processes in each jurisdiction and provide
information required in Annex P. It will also help guide the
Identification of hazard mitigation actions for each
jurisdiction. Identified actions will be based on Ihe findings
of this survey, as an understanding of general capabilities
will help guide the impiementation of projects. Attention will
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be given to state, regional or local plans, regulations and
development requirements. These may include, but are not
limited to, local plans, zoning laws, sub~divisjon and site.
specific regulations, building codes, flood insurance
programs, natural resources and conservation statutes. As
required by Annex P, information will also be gathered to
help evaluate the effectiveness of existing mitigation
measures, policies, plans, practices and programs.
HAzARD IDENTIFICATION
During this step, the project team Will work with GBRA to
compile data on natural hazards. Information will be
compiled on the occurrence of natural hazard events in and
around participating communities. Hazards that affeclthe
area will be identified based on historical and other data.
The project team will search nationally available data
Sources for listings of natural hazard events, by County,
and provide a list of top hazards to iocal jurisdictions for
review and comment.
Each ]ocal Jurisdiction will review the list of hazard events
and amend the list, as appropriate. Examples of hazards
that may affect the planning area include: flooding,
hurricanes and tropical systems, lornadoes and wind
stonns, hailstorms, severe winter storms, earthquakes,
wildfires, and drought.
RISK ASSESSMENT
This task will involve the collection and integration of data,
including an inventory of assets that may be affected by
naturai hazards, such as peopie, housing Units, critical
facilities, special facilities, infrastructure and lifelines,
hazardous materials facilities and commercial facilities.
PBS&J will collect this information fram national and state
databases and will integrate local level data, where
possible.
Once this data is compiled, PBS&J will assess potential
impacts from each hazard using FEMA's Hazards U.S.
(HAZUS) multi-hazard loss estimation mOdel and other risk
modeling techniques. The resulting information will provide
local jurisdictions with information thai outlines the full
range of hazards they face and potential social impacts,
damages and economic losses.
MITIGATION STRATEGY DEVELOPMENT
Based on the findings of the initiai information gathered
during the capability assessment and the risk assessment,
the . H20 Partners project leam will draft an overall
mitigation strategy for the area. During this step, goals,
objectlves and actions to reduce the damage from each
hazard will be identified fOf the planning area.
DUring a second planning workshop, these strategies will
be provided in a detailed "menu" of mitigation options to
assist local jurisdictions identify appropriate actions for their
communities. For each mitigation action identified by the
local jurisdiction, community leaders must provide critical
project information that will guide implementation of
actions. This will include the responsibility for
accomplishing the action, the costs, benefits, priority,
potential funding SOurces and an implementation schedule.
These actions and critical project information will be
documented and integrated into the comprehensive, basin-
wide all-hazard Hazard Mitigation Action Plan.
The H20 Partners project team will also present a process
to maintain the plan and update it alleasl every five years.
The project team will solicit feedback from workshop
participants before drafting a proposed process for
consideration by participating jurisdictions. Stakeholder
feedback is critical as the ]ocal jurisdictions will be
ultlmately responsible for incorporatlng, as appropriate, the
actions outlined in the mitigation plan.
PUBLIC P ARTICIP A TION
Public participation is critical to the planning process. The
H20 Partners project team will convene three public
meetings in different parts of the basin. The purpose of the
meetings will be to solicit information from the public to
help identify hazards affecting basin residents and take
action to reduce the impact of those hazards. In addition,
each jurisdiction will be responsibie for engaging the public
and stakeholders in their community, making the draft plan
available for public review, and providing the public with an
opportunity to comment on the draft plan, and documenting
the public participation process.
PLAN REVIEW, ADOPTION At'\JD ApPROVAL
In accordance with Federal and State requirements, the
Governing Bodies of each participating jurisdiction must
review and approve that portion of the overall plan that
affects their jurisdiction. To help accomplish that, the
consultant team will provide a standardized format for
documenting the local approval process and provide
support, as requested, to the local jurisdiction as their
Governing Body considers the plan.
After consolidating individual jurisdictional plans into an
overall plan, the entire regional plan will be submitted to the
State Division of Emergency Management for review and
to FEMA Region VI in Denlon, Texas (or review and
approval.
For more Information, please contact:
laurel lacy
H20 Partners, Inc.
4402 Lakeway Boulevard
Austin, Texas 78734-5019
512-261-0705 office
512-560-8284 cellular
512-261-0718 fax
LaurelLacy@aol.com
::;79
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H20 Partners
~
~
CUADALUPE_BUNCO RIVER AUTHORJT(
YOUR NAME AND CONTACT INFORMATION
1. What is your name and contact informatiou'!
Name: Judge Mike Pfeifer
Jurisdiction: Calhoun County
Phone: 361/553-4600
Fa:\::
361/553-4444
e
Street Address:
211 South Ann Street, Suite #304
Ciry: Port Lavaca, Texas
Zip Code:
77979
E-mail address: calhoun @tisd.net
2. Who will be the primary point of contact for your jurisdiction,
responsible for working with the GBRA and its consultants in
developing the Hazard Mitigation Action Plan for your jurisdiction'!
Name: Melvin Strong and/ or LaDonna Thigpen
Phone: 361/553-4400
Fa;\:
361/553-4444
Street Address: 211 South Ann Street, Suite 11304
Ci~: Port Lavaca, Texas
Zip Code:
77979
E-mail address:
emermgt@tisd.net
e
Please retum by April 15, 2003 to:
laurel C. lacy, H20 Partners
4402 lakeway Boulevard
Austin, Texas 78734-5019
512-560-8284 office
512-261-0718 fax
512-560-8284 cell
. 580
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GUADALUPE. BLANCO RIVER AUTHORITY
Guadalupe River Basin
Hazard Mitigation Planning Interlocal Agreement
THIS INTERLOCAL AGREEMENT ("Agreement") is made and entered
into effective , 2003, by and between the undersigned
governmental entities (the "Parties") for purposes of cooperating in developing
individual hazard mitigation action plans that, together, will form an inter-
jurisdictional "basin wide" Mitigation Action Plan as required by the Federal
Emergency Management Agency (FEMA) under the Disaster Mitigation Act of
2000. The Parties' representatives have signed this Agreement to evidence their
willingness to participate. This Aqreement does not obliqate anv of the Parties to
contribute funds for the planninq efforts except for the staff time each jurisdiction
elects to utilize in this planninq effort.
Preamble
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WHEREAS, pursuant to the InterJocaJ Cooperation Act, Texas Government
Code Chapter 791, as amended (the "Act"), cities, counties, special districts and
other legally constituted political subdivisions of the State of Texas are
authorized to enter into interlocal contracts and agreements with each other
regarding governmental functions and services as set forth in the Act; and
WHEREAS, the geography of the counties in the Guadalupe and Blanco
River basins face common natural and man-made hazards that can damage
property and cost lives; and
WHEREAS, natural hazards along the Guadalupe and Blanco Rivers, their
tributary streams cause extensive damage to property and loss of life; and
WHEREAS, the Guadalupe-Blanco basins are experiencing rapid
population growth and continued development within the floodplains of the rivers
and their tributaries; and
WHEREAS, emergency management programs in the Guadalupe-Blanco
River basins have already identified some mitigation actions that would help in
developing Hazard Mitigation Actions Plans; and
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05/08/03
581
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WHEREAS, the actions of communities and counties along the
Guadalupe- Blanco Rivers and tributaries directly affect each other'such that
individual local goals for hazard mitigation planning can be better achieved
through cooperative actions; and
WHEREAS, building consensus among all affected stakeholders, however
diverse, best provides an opportunity to establish mutually supportive
partnerships and offers the benefits of commitment to basic goals and objectives
and more meaningful implementation; and
WHEREAS, the Guadalupe-Blanco River Authority has secured certain
grant funding for hazard mitigation planning to include local jurisdictions that elect
to participate.
NOW, THEREFORE, in consideratiof1 of the premises af1d mutual
covef1ants herein contained, and subject to the conditions herein set forth, the
Parties hereto agree as follows:
Article One - Purpose of Agreement
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The purpose of this Agreement is to accomplish the following goals af1d
objectives:
1.1 To identify participants in developing Hazard Mitigation Action Plans in a
multi-jurisdictional effort with each separate jurisdiction having its individual
stand-alone plan that "rolls up" into a multi-jurisdictional plan;
1.2 To create a mechanism for sharing ideas, programs and resources among
the Parties;
1.3 To facilitate local officials and emergency managers' planning efforts in
order to qualify for certain post-disaster federal funding after November 1,
2004 by developing Hazard Mitigation Action Plan(s) that meet State of
Texas Division of Emergency Management and FEMA criteria;
1.4 To cooperatively meet to identify common hazards facing individual
jurisdictions as well as unique local hazards for each separate jurisdiction;
1.5 To cooperatively analyze risks. develop ways to minimize property damage
and loss of life through the effective hazard planning actions;
1.6 To work together to identify hazard mitigation actions that can be tailored for
each local jurisdiction's approval by its governing body;
e
1.7 To draft a regional plan composed of the individual plans in a form that can
be utilized by local officials;
05108103
2
[-8'-'
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1. 8 To provide a public forum for hazard mitigation issues so that affected
stakeholders and the public at large may have timely and meaningful notice
and opportunity to comment on the mitigation action alternatives; and
1.9 To minimize the time and expense for each local jurisdiction to compose a
plan for submission to the State of Texas and FEMA for approval.
Article Two - Accords
The Parties agree to do the following:
2.1 Training, Education and Submission of Data and Reports Readily
Available: The Parties agree to select a point of contact for Hazard
Mitigation Action Planning who will attend up to three meetings to get an
overview of the planning process and to discuss the roles and
responsibilities of each local jurisdiction in the planning effort and to develop
mitigation strategies.
2.2 Assist with data collection: In areas where relevant hazard data cannot
be obtained from a central source for plan development, Parties will be
asked for relevant data that it may have readily available in hazard
mitigation and emergency management areas.
e
2.3 Documentation of local participation: Parties will be responsible for
documenting the public process used to keep local citizens informed of the
Hazard Mitigation Action Planning process and allowing public comment.
2.4 Local Approval: Parties will be responsible for taking the draft Hazard
Mitigation Plan to their own local governing body for approval. Talking
points and other informational articles will be available to each point of
contact when the Mitigation Action Plan is submitted to the local governing
body for its approval.
2.5 Retention of Permitting Authority: Nothing in this Agreement shall be
construed to affect a Party's discretion or authority. The local permitting
jurisdiction retains ultimate control over its Hazard Mitigation decisions,
including the formulating and adoption of steps a Party identifies as
mitigation strategies.
2.6 No monetary contributions: Parties will not be responsible for
contributing any monies to the planning process other than its dedication of
staff time and other internal costs allocated to participating in the multi-
jurisdictional planning effort.
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05108103
3
"'83
.J
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2.7 Ability to disengage at any point: If at any time in the planning process a
Party chooses to disengage from the joint planning effort it may do so
without penalty. Any work done at that point will be available to a Party
choosing to disengage.
Article Three - Coordination
3.1 Coordinating Entity: In order to discharge its responsibilities as grantee
of the federal grant that enables this type of multi-jurisdictional multi-
hazard planning process, the Guadalupe-Blanco River Authority shall
serve as the Coordinating Entity to engage contractors to work with local
jurisdictions to develop Hazard Mitigation Action Plans. The Coordinating
Entity's role will include:
. providing logistical support for the meetings in the basin communities
including review of the agenda, assisting with arranging for the meeting
locations, and coordinating correspondence to Parties;
e
. acting as a central clearinghouse for information, and public meetings;
. including, when appropriate, information regarding meetings and plan
development on the GBRA website;
. reviewing the completed plans after local adoption and prior to
submission to State Division of Emergency Management and FEMA
for form only.
3.2 The Guadalupe-Blanco River Authority is a Party to this Agreement only for
purposes of serving as a central coordinating entity.
3.3 Recognizing that the Guadalupe-Blanco River Authority, in its role as
Coordinating Entity for the purposes of Hazard Mitigation Action Plan
development, provides only administrative support to the Parties, each
Party to this Agreement agrees to HOLD HARMLESS the Guadalupe-
Blanco River Authority from and against any claims that may arise from the
performance of its duties as Coordinating Entity under this Agreement
except to the extent caused by the gross negligence or intentional
misconduct of the Guadalupe-Blanco River Authority.
Article Four - Additional Parties
e
Additional political subdivisions in participating counties may become parties to
this Agreement by first contacting the Guadalupe-Blanco River Authority to give
notice of its intention to participate and affixing hereto the signature of its
authorized representative indicating the date of approval of this Agreement by
said entity. Additional Parties must join on or before June 1, 2003 in order for
05/08/03
4
584
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their jurisdiction's information to be included in hazard analysis. If later than that
date, the Guadalupe-Blanco River Authority has discretion to either add the
additional Party or to notify the Party that it is not feasible to add it due to time
deadlines.
Article Five - Effective Date
This Agreement shall take effect March 15, 2003, or upon the signature of a
Party, whichever occurs later. A Party may withdraw from this Agreement,
through a written notice from its governing body and delivered to the Guadalupe-
Blanco River Authority.
Article Six - Dissolution
This Agreement may be dissolved at any time by the written mutual consent of
the Parties.
Article Seven - Severability Clause
If any provision of this Agreement or any application hereof shall be invalid,
illegal or unenforceable, the validity, legality and enforceability of the remaining
provisions and applications shall not be in any way affected or impaired thereby.
Article Eight - Governing Law
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This Agreement shall be construed and enforced in accordance with and
governed by the laws of the State of Texas.
IN WITNESS WHEREOF, the Parties hereto have caused this Agreement to be
duly executed as of the date noted below.
EXECUTED this '2 2- day of
~/UtL/J 9 ~
Name, Title, E:ntity Michael J.
1Y1(Ji-1
,2003.
Pfeifer, County Judge, Calhoun County, Texas
Accepted by:
Guadalupe-Blanco River Authority
By
Title
Date
,2003
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05/08/03
5
~;8S
AUTHORIZB WATER LINE INSTALLATION AT SCHICKE POINT IN
PRECINCT #3
A Motion was made by Commissioner Floyd and seconded by
Commissioner Finster to authorize the installation of a
two-inch water line crossing the right of way for Mesquite
Street of the Schicke Point Subdivision as shown on
SK-030S14-HF. Commissioners Galvan, Balajka, Floyd,
Finster and Judge Pfeifer all voted in favor.
586
Road casing will be 4" Sch 40 PVe. Water line will be 2" Sch 40 PVe. Ditch will be
minimum of 36" below bottom of drainage ditch and will be 6" wide. If you have any
questions please call Paul Pustejovsky at (979) 541-3050. Bruce Reckaway with Rexco
Construction will repair asphalt that is removed during trenching.
Paul Pustejovsky, 603 E. Church, El Campo, TX. 77437
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51( - Q3 os iLl - t-! F
PORT ALTO BEACHFRONT PROPERTY - 10.26 ACRE GIFT TO C-ALHOUN
COUNTY ACCEPTED
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Commissioner Floyd said on December 30, 2002 he discussed
with the Court a 10.26 acre tract of land located on the
beachfront in Port Alto which had been maintained by the
County but privately owned. He obtained deeds from all
the owners which have been recorded in the real estate
records of Calhoun County, Texas.
A Mo~io~ was made by Commissioner Floyd and seconded by
Comm~ss~oner Galvan to accept as a gift to Calhoun County
Texas,the surface rights to a 10.26 acre tract of land '
located on the beachfront in Port Alto, all as described
~n the at~achment of referenced deeds and G&W Engineers'
draw~ng ~~le No. 9254024P. Commissioners Galvan, Balajka,
Floyd, F~nster and Judge Pfeifer all voted in favor.
LISTING OF REFERENCED DEEDS
The following referenced deeds have been recorded in the Calhoun County Official
Records to transfer the below described property from the indicated Grantors to Calhoun
County.
Property Description:
e
THE SURF ACE ONLY of a tract or parcel of land containing 10.26 acres, more or less,
situated in and a part of the William Arnold Survey, Abstract No.2, Calhoun
County,Texas; said 10.26 acres, more or less, also described as being in and a part of a
279.33 acre tract ofland described as Tract I in Exhibit "An of a Special Warranty Deed
recorded in Volume 172, Page 639-641 of the Calhoun County Official Records, and is
more fully described by metes and bounds on Exhibit A attached to said deed and
incorporated therein by reference.
Deed Without Warranty:
Conveyance dated March 24, 2003 from Edith Ingrid Radkey as Independent
Administrator With Will Armexed Of The Estate Of Oliver H. Radkey, Jr., Deceased,
recorded May 01, 2003 in Calhoun County Official Records in VoL 333, page 375.
Special Warrantv Gift Deeds:
Conveyance dated December 30, 2002 from Charles R. Loeffler, Individually and as
Independent Executor of the Estate of Walter Fredrick Germer, Jr., Deceased,
recorded March 18, 2003 in Calhoun County Official Records in VoL 329, page 468.
Conveyance dated December 30, 2002 from James Phillip Morgan, Trustee of the
Phyllis Marilyn Amerson Trust, recorded in Calhoun County Official Records in
V 01.331, page 277.
e
Conveyanc'e dated December 30, 2002 from Lon R. Drushel, et aI, recorded February
12,2003 in Calhoun County Official Records in VoL 327, page 235.
587
PORT O'CONNOR - FENCING OF RIGHT-OF-WAY AND AGREEMENT WITH
STOFER LIMITED PARTNERSHIP
Commissioner Floyd said he had spoken with Commissioner
Finster and also asked John Griffin with Houston, Marek &
Griffin, LLP to talk to Mr. Marek to sure we a~ree on what
we are doing here versus some of the action be1ng taken on
property in Port Alto. Mr. Griffin was unavailable for
response. Commissioner Floyd asked that this agenda item
be postponed until he hears from Mr. Griffin.
Commissioner Finster asked Judge Pfeifer to keep the
Original Agreement with Stofer Limited partnership as he
will be the one to sign it so as it will be in the
County's possession if the Agreement is accepted. He
pointed out to the Court that he has been holding 'it since
January due to other litigation. He felt we owed an
explanation to the other party as to why we haven't yet
executed it.
e
This agenda item was postponed. No action was taken by
the Court.
AUTHOR:IZR T'N'!':'I'll.T.T.Zl.Tl:ON OF Pn'MI1U.1l WATER LINB :IN SCHOOL
ROAD. lUGHT-OF-WAY .:IN PRBCDlCT #2
A Motion was made by Commissioner Balajka and seconded by
Commissioner Floyd to authorize the installation<md maintenance by
Guadalupe.Blanco River Authority of.a 3-inch PVC potable
water lIne in the countr right-Of-way located on School
Road. Commissioners Ga van, Balajlra, Floyd, Finster and
Judge Pfeifer all voted in favor.
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OJALl.-,LUPI!.II..\NCO RIVfR AUillOJtlTY
May 12, 2003
Calhoun County
Commissioner's Court (vie faX# 553-6664)
clo CommiSsioner Mike Belajka
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RE: County rlght-<lf-way
Deer Commissioner SalaJka:
We sre requesUng parmlssion to install and maintain a 3-lnch pve
potable water line In county-rlght-of-way. The location end descrlption of the
proposad wor\< are noted. on the .accompanylng map.
Construction of this line will begin within the next 6-8 weeks. Wa
eppreclete the Court's consideration for this right-of-way
Plee.... contact ma or Secretary Linde McPherson at 552-9751, II you
hav~ questions.
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Ron Gosnell,
CCRWSC. Chief Operator
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DISTRICT CLERK - JP #3 - EXTENSION SERVICE - MONTHLY
REPORTS
The District Clerk, JP #3 and Extension Service presented
their monthly reports for April, 2003 and after reading
and verifying same, a Motion was made by Commissioner
Balajka and seconded by Commissioner Galvan that said
reports be accepted as presented. Commissioners Galvan,
Balajka, Floyd, Finster and Judge Pfeifer all voted in
favor,
ACCOUNTS ALLOWED - COUNTY
Claims totaling $613,883.63 were presented by the County
Treasurer and after readin~ and verifying same, a Motion
was made by Commissioner F~nster and seconded by
Commissioner Balajka that said claims be approved for
payment. Commissioners Galvan, Balajka, Floyd, Finster
and Judge Pfeifer all voted in favor.
BUDGET ADJUSTMENTS - VARIOUS DEPARTMENTS - DISTRICT
A'l"I'ORNEY - EMERGENCY MANAGEMENT - COMMISSIONER PCT #4
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A Motion was made by Commissioner Balajka and seconded by
Commissioner Finster that the following Budget Adjustments
be approved as presented. Commissioners Galvan, Balajka,
Floyd, Finster and Judge Pfeifer all voted in favor.
589
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BUDGET AMENDMENT REQUEST
GL ACCOUNT NO, ACCOUNT NAME
DEPARTMENT NAME
JAIL
MEAL ALLOWANCE
MISCELI.ANEOUS
PRISONER MEDICAL SERVICES
PRISONER LODGING-OUT OF COUNTY
COUNTY COURT-A HAW
ADULT ASSIGNED-ATTORNEY FEES
ADULT ASSIGNED-OTHER LITIGATION EXPENS
LEGAL SERVICES-COURT APPOINTED
DISTRICT COURT
ADULT ASSIGNED-ATTORNEY FEES
ADULT ASSIGNED-OTHER LITIGATION EXPENS
LEGAL SERVICES-COURT APPOINTED
JUVENILE COURT
1000-500-63070 JUVENILE ASSIGNED-ATTORNEY FEES
1000-500-63380 lEGAL SERVICES-COURT APPOINTED
ROAD & BRIDGE PRECINCT #4
1000-570-73400 MACHINERY & EOUIPMENT
1000-570-53510 ROAD & BRIDGE SUPPLIES
CONSTABLE PRECINCT #3
1000-600-53430 LAW ENFORCEMENT SUPPLIES
1000-600-60332 AUTO ALLOWANCES
SHERIFF
1000-760-53992 SUPPLIES-MISCELLANEOUS
1000-760-53540 GAS/OIUDIESEL
Total for GENERAL FUND
1000-180-51700
1000-180-63920
1000-180-64910
1000-180-64880
43 REQUIRED BY PAYROLL
295 LINE ITEM TRANSFER
22,000
(22,338)
1000-410-60050
1000-410-60053
1000-410-63380
1,644 LINE ITEM TRANSFER
85
(1,929)
1000-430-60050
1000-430-60053
1000-430-63380
9,645 LINE ITEM TRANSFER
303
(9,948)
125 LINE ITEM TRANSFER
(125)
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160 LINE ITEM TRANSFER
(160)
50 LINE ITEM TRANSFER
(50)
540 LINE ITEM TRANSFER
(540)
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8PPROVED
MAY 2 2 2003
--
590
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II BUDGET AMENDMENT REQUEST II
To: Calhoun County Commissioners' Court
From: Criminal District Attorney's Office
(Department making this request)
Date:
May 15, 2003
I request an amendment to the 2003
(year)
following line items in my department:
~
budget for the
GL Account #
-------------
Amendment
Account Name Amount
510-66360
Transcription Services + $256 .~
General Office Supplies $256~
510-53020
Net change in total budget
for this department is:
Other remarks/justification:
$
0.00
-------------
-------------
Reason
to pay for transcript of
trial of Michael McGiffin
for use in appeal
ED
I understand that my budget cannot be amended as requested until
Commissioners' Court approval is obtained. ~ ~
Signature of official/department head: ~~ ~ ~ C
Date of Commissioners' Court approval:
Date posted to General Ledger account(s):
~;91
II BUDGET AMENDMENT REQUEST II
To:
Calhoun County Commissioners' Court
3
" From:
Er'r'Lersenc y rnDJ\.Q:\ ~rnen-+
(Department making this request)
Date:
5-9-0-2>
I request an amendment to the _~~Q~___ budget for the
(year)
following line items in my department:
GL Account II
Amendment
Acc:ount Name Aqlcunt Reason
~~~~~~~----~~~~~~- ~------------ -----------------~-
""--....-.....-.....--.....--
Lo3D- LoS IW
Lo3D- 5~~ ib
Kod.i 0 ~,C\.ieI\QC\c..~ - 3e:X:::H:lD
~rO~{CJJY\ S~ lIes + 300 .DO
MAY 2 2 2003
Net change in total budget for
this department is:
$ =====U=====
Other remarks/justification:
I understand that my budget cannot be amended as requested until
Commissioners' Court approval is obtained.
Signature of official/department head:
Date of Commissioners' Court approval:
Date posted to General Ledger account(s):
<:-0.0
0,).J4#
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!IBUDGET AMENDMENT R.EQUESTll
TO: Calhoun cotlty commissioners' Court
From: f1\;t 4
(Department making this request)
Date:
:)' l~y03
I request an amendment to the c2fJ().~
;yearY
following line items in my department:
budget for the
o
GL Accoun't II
-------------
Alllendlllent
Account Name Alllount Reason
50().{1~
------------------ ------------- -------------------
;/tl31o.{NQ.WKJO. C~J OQ
}Dc; . riA.,
()ll"Y.o qqq -c;',:<,qJ-O rf\ iSG.
J]..1'l,1" q~~ 53qrn ~';I\; -,M~(J
;)1-;)1 o-QS0 -1.r;U,.i G,..-JJ~
< ~t)f) >
/::}-v
<116)
Net change in total budget
for this department is:
other remarks/justification:
$ ==- Q;=-
A
L1AY 2 2 2003
=
I understand that my budget cannot be amended as requested until
Commissioners' Court approval is obtained.
Signature of official/department head: ~al
Date of Commissioners' Court approval: ~ 6
,
. Date posted to General Ledger account(s):
J93
e_ e CALHOUN COUNTY, TEXAS :
Unposted Budget Transactions. EXPEND.ADJUSTMENTS FOR
BUD293 . BUDGET ADJUSTMENTS FOR 5/22/03
Fund Effective MAY 22 ?nn,
Code Dale Fund Title Transaction Description Dept Title Title mer ase Decrease
1000 5/2212003 GENERAL FUND REQUIRED BY PAYROLL JAIL OPERATIONS LDWANCE 3.00
1000 5/22/2003 GENERAL FUND lINE ITEM TRANSFER JAIL OPERA nONS MISCEILANEO 5.00
1000 5/22/2003 GENERAL FUND lINE ITEM TRANSFER JAIL OPERATIONS PRlSONER WDGING-OVT 22,338.00
OF COUNTY
1000 5/22/2003 GENERAL FUND LINE ITEM TRANSFER JAIL OPERATIONS PRlSONER MEDICAL 22,000.00
SERVICES
1000 5/2212003 GENERAL FUND lINE ITEM TRANSFER COUNTY COURT-AT-LAW ADULT 1,844.00
ASSIGNED-A TIORNEY FEES
1000 5/22/2003 GENERAL FUND lINE ITEM TRANSFER COUNTY COURT-AT-LAW ADULT ASSIGNED-OTIIER 85.00
UTIGA TION EXPENSES
1000 5/2212003 GENERAL FUND lINE ITEM TRANSFER COUNTY COURT-AT-LAW LEGAL SERVICES-COURT 1,929.00
APPOINTED
1000 5/2212003 GENERAL FUND LINE ITEM TRANSFER DISTRlCT COURT ADULT 9,645.00
ASSIGNED-ATIORNEVFEES
1000 5/22/2003 GENERAL FUND LINE ITEM TRANSFER DISTRICT COURT ADULT ASSIGNED-OTHER 303.00
LmGA TION EXPENSES
1000 5/22/2003 GENERAL FUND LINE ITEM TRANSFER DISTRICT COURT LEGAL SERVICES-COURT 9,948.00
APPOINTED
1000 5/22/2003 GENERAL FUND lINE ITEM TRANSFER JUVENILE COURT JUVENILE 125.00
ASSIGNED.A TIORNEY FEES
1000 5/2212003 GENERAL FUND LINE ITEM TRANSFER JUVENIlE COURT LEGAL SERVICES-COURT 125.00
APPOINTED
1000 5/2212003 GENERAL FUND LINE ITEM TRANSFER DISTRJCT ATIORNEY GENERALOFFICESUPP~ 256.00
1000 5/2212003 GENERAL FUND lINE ITEM TRANSFER DISTRJCT A TIORNEY TRANSCRIPTION SERVICES 256.00
1000 5/2212003 GENERAL FUND LINE ITEM TRANSFER ROAD AND ROAD & BRIDGE SUPPUES 160.00
BRIDGE-PRECINCT #4
1000 5/2212003 GENERAL FUND lINE ITEM TRANSFER ROAD AND MACHINERY AND 160.00
BRIDGE-PRECINCT #4 EQUIPMENT
1000 5/22/2003 GENERAL FUND lINE ITEM TRANSFER CONSTABLE-PRECINCT #3 LAW ENFORCEMENT 50.00
SUPPUES
1000 5/2212003 GENERAL FUND LINE ITEM TRANSFER CONSTABLE-PRECINCT #3 AVTOALWWANCES 50.00
1000 5/22/2003 GENERAL FUND lINE ITEM TRANSFER EMERGENCY PROGRAM SUPPLIES 300.00
MANAGEMENT
1000 5/22/2003 GENERAL FUND lINE ITEM TRANSFER EMERGENCY RADIO MAINTENANCE 300.00
MANAGEMENT
1000 5/22/2003 GENERAL FUND LINE ITEM TRANSFER SHERJFF GASOUNEJOlVDIESEVGR... 540.00
1000 5/22/2003 GENERAL FUND lINE ITEM TRANSFER SHERJFF SUPPUES-MISCELLANEOUS 540.00
Total GENERAL FUND 35,646.00 35,646.00
1000
2736 5/2212003 POC COMMUNITY CENTER LINE ITEM TRANSFER NO DEPARlMENT SUPPLIES-MISCELLANEOUS 75.00
~
[latc;~tI0311:36:20AM Page: I ~
L1
CALHOUN COUNTY, TEXAS
Unposted Budget Transactions - EXPEND.ADJUSTMENTS FOR 5/22/03
BUD293 - BUDGET ADJUSTMENTS FOR 5/22103
l~
(1"J
l~
~.
Fund Effective
Code D,te Fund Title Transaction Description DeptTitle
2736 5/22/2003 POC COMMUNITY CENTER LINE ITEM lRANSFER NO DEPARTMENT
2736 5/2212003 POC COMMUNnY CENTER LINE ITEM TRANSFER NO DEPARTMENT
2736 5/22/2003 POC COMMUNnY CENTER LINE ITEM TRANSFER NO DEPARTMENT
GLTitle
Increase
Deere",e
CLEANING-P.O.C
COMMUNITY CENTER
MISCEliANEOUS
UTlLITIES-POC
COMMUNITY CENTER
500.00
Total
2736
POC COMMUNnY CENTER
500.00
500.00
nlOl
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'O.Qnll::rl
I:: rlOrl
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250.00
175.00
APPROVEu ~ OJI-I <U~4-l
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Report Total 36,14 .00 36.146.00 I::ClJ Ol '"
HI-I~[J]
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Date: Sl2110J I U6:20 AM e e Page: 2 e
ACCOUNT ALLOWED - HOSPITAL
Claims totaling $1,318,874.27 for Hospital Operations were
presented by the County Treasurer and after reading and
verifying same, a Motion was made by Commissioner Galvan
and seconded by Commissioner Finster that said claims be
approved for payment. Commissioners Galvan, Balajka,
Floyd, Finster and Judge Pfeifer all voted in favor.
GENERAL DISCUSSION - MAKE COMMISSIONERS' COURT APPROVRD
MINUTES AVAILABLE TO THE PUBLIC
Commissioner Balajka said folks have been calling him
about some of the coverage the Commissioners' Court has
been getting. He will speak to the Judge and work with Ms.
Haynie regarding programs available so we can post our
Court Minutes after they hdve been approved to get .
accurate information out about the Court's business and
what we have done and how action has been taken; get
information out to the public of Court happenings.
It
Commissioner Galvan suggested updating the E-mail
addresses.
GENERAL DISCUSSION - GLASS CONTAINERS ON BEACH ORDINANCE
Commissioner Galvan confirmed that the Glass Container
Ordinance includes all beaches in the County.
GENERAL DISCUSSION - SWAN POINT LANDING SUBDIVISION AREA
IN PRECINCT #4 - POSSIBLE LITIGATION
Commissioner Finster said he received a copy of a
certified letter regarding Dan Cervenka'S property at Swan
Point and his assertion that the new subdivision and the
County have created erosion on his property. On behalf of
Precinct #4, attorney Dave Roberts is sending a response
so it can be dealt with appropriately. Commissioner
Finster is apprising the Court of this action and will
update the Court of any correspondence he receives and
make sure all information is available.
e
LAW OFFIC2.S
RECEIVED
MtJ1.D.^NPIlRWST
UltH I.t. IM~E:R
rAnUClA ANN IMTH .
lllCHARD M.. Junu '
WAYNE I, r^CAN
JURY!. FIJt.TON
tHI(. ~TtV1:N ):C)JUIl .
Il.MILULATHt\M
JANICP. Lllvtll.~T't I
EUZUt'rH I. LINOtLL
w..... MtJAAAY
f1nl'J./tl'l\T'ttUO\'l
SOULES S WALLACE
fROST BANJ:: TOWER
HAY 12 2003
1l.01l1N~ON C 1tI\),U1"t to
MAke I 3CtINALL-
L~E~" ~Ol1J.~' m ~I
IlRUCI. J:. H'INDLUt
A,nOTtNEYj-AT-LAW
A flOPUJ.IO,.....l COli"OtA'flON
nlOIoIAS H. VP,ITCH .
100 w. HOUSTON .sUU.T. SUrrt 1500 Mike Pfeifer lAKES t. W^LLACt J
SAN ANTONIO. TEXAS 76>0'.1'57 Calhoun County Judge
12.101 224-9141
TELE,,^X~ (210l 224-1073
OrCOUNUl:
LuIS It. GAACtA
1I1i1\l;l-j?Q431
JtOllUT L. !J"C!-lIlNDUItG II
...."'IT1:;1'II':. DIR1::CT DIll\. ~U..,tlt:R,
May 8, 2003
The Honorable Arlene N. Marshall
County Judge
Calhoun County
217 Courthouse
211 South Ann Street
Port Lavaca, Texas 77979
Via CertifzedMail Return Receipt Requested
No. 70023150000489204625
And First Class Mail
It
Mr. David G. Eller, President
E.O.Y., Inc., General Partner
Swans Point Landing Ltd.
2401 Fountainview, Suite 416
Houston, Texas 77057
Vw Certifwd Mail Return Receipt Requested
No. 70023150000489204618
And First Class Mail
. 596
e
e
e
RE: Swan Point Landing Subdivision
Dear Judge Marshall and Mr. Eller:
I represent Daniel E. Cervenka. Mr. CeIYenka is the owner of several tracts ofland
located at the intersection of Swan Point Road and the shore of San Antonio Bay. Those
tracts are more fully described by metes and bounds on Exhibit A. Mr. CeIYenka' s property
surrounds and includes the outfall of a small, Ulmamed creek with origins to the east.
The Commissioner's Court of Calhoun County recently approved a plat for the Swan
Point Landing Subdivision encompassing approximately 165 acres to the north of my
client's property. That plat reflects a 20 foot drainage easement which temrinates on Swan
Point Road directly at its intersection with the CeIYenka tract. The county has installed a
drainage structure to transport runoff from the 165 acre tract beneath the northwestern
branch of Swan Point Road and discharge the runoff at a nearly 90. angle into a newly
constructed open ditch culvert which adjoins the Cervenka tract along Swan Point Road to
the southeast. The ditch tenninates abruptly at a point several yards down Swan Point Road
next to my client's property.
As a consequence, my client advises that excess runoff from the subdivision now
floods his tract, and has caused and will continue to cause extensive erosion of his property.
The county has also artificially channeled drainage from the east through a structure beneath
the southeastern branch of Swan Point Road which has further enhanced this erosion.
Because of the erosion, large deposits of silt have accumulated at the creek's intersection
with the bay, transfomring the inlet into a largely stagnant pond between stann events and
decreasing water depth in the bay. Mr. Cervenka anticipates that llIDoff from future heavy
rains through these drainage structures will further dramatically and detrimentallyinlpact his
land and waterfront.
We hereby request that Calhoun County and Swan Point Landing, Ltd. fonnulate a
proposal to correct the damage already imposed upon Mr. Cervenka's property and to
modify the drainage facilities to prevent further damage in the future. If we have not
received a satisfactory proposal and action plan within the next thirty (30) days, we will
assume that you intend to take no action. In that event, Mr. Cervenka will pursue all
available judicial relief.
Thank you for your consideration.
Sincerely,
~
Marc J. Schnall
MJS:ds
Enclosure
U;\da.tl\l O~74\2\OOl94J66. ~'.D.vJ
cc:
.
Mr. Dan Cervenka
THE COURT ADJOURNED AT 12:01 P.M.
597