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2003-03-27 REGULAR MARCH TERM HELD MARCH 27, 2003 THE STATE OF TEXAS !i !i COUNTY OF CALHOUN !i BE IT REMEMBERED, that on this the 27th day of March, 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; e 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. Deputy County Clerk Thereupon the following proceedings were had: Commissioner Galvan gave the Invocation and Commissioner Finster led the Pledge of Allegiance. MEMORIAL MEDICAL CENTRR - MONTHLY FINANCIAL REPORT The Memorial Medical Center monthly financial report was presented by Buzz Currier, Hospital Administrator. Mr. Currier stated at the last Hospital Board meeting purchase of an electric convection oven for the bacteria department in the amount of $6595 was approved along with approval to conduct a competative pricing study for the hospital as there is the need to be competative with area hospitals. Also, the following Board members were elected: Larry Korenek, Chairman, Neil Fritch, Vice-Chairman, and Bobby Artero, Treasurer. e MEMORIAL MEDICAl CENTER YEAR-TO..QATE SUMlIAARY FEBRUARY 28, 2003 , , ! I OPERATING REVENUE 3,403,301 lESS: OPERATING EXPENSES 13,013,055) 390,246 CHANGE IN INVESTMENT: Accounts Receivable- (787.288) (Incr) Deer Accounts Payable- (123,640) Incr(Oecr) Prepaid Expense- {28.755} (Incr}Decr Inventory (9.220) (Iner) Deer (948,903) TOTAL INVESTMENT CHANGE (INeR) DEeR (558.657) PLUS: Depreciation 255,119 Contribution to the County 0 (303,538) PLUS; County Subsidies EMS/Hospital 0 Total Cash- (303,538) e Incr(Decr) LESS: EquipmenlPurchases (26,175) NET CASH-INCR (DEeR) (329.713) 266 e e e I CALHOUN COUNTY. TEXAS COUNTY TREASURER'S REPORT MON1ll OF, FEBRUARY 2003 8EGINNING ENDING FUND FUND /lALANCE RECEIPTS DiSBURSEMENTS FUND 8ALA.NCE MEMORIAL MEDICAL CENTER' OPERATING SI,717.913.93 SI,384,053.81 SI,514,396.25 SI,587,571-'9 MEMORIAL 16,876.."9 -42.08 0.00 16,918.57 RESTIUClED DONATION 13,385.12 33.37 0.00 13.418.49 !NDlGENT HEALTHCARE 135,259.04 121,1125.32 133,0110.07 124,004.29 TOTALS $1,883,434.58 $1,505.954.58 $1,647,476.32 $1.741,912.84 BANK RECONCILIATION LESS, CUT. FUND OF DEPOSIT PLUS, =CES /JANE FUND IL4L<NCE OTHER rTEMS OUTSTANDING &ALiNCli MEMORIAL MEDICAL O1ITER' OPERATING 1,587,571-'9 0.40 432,780.43 2,020,351.52 MEMORIAL 16,918S1 16.918,57 RES'TRICIEJ DONATION 13,418.49 13,418.49 INDIGENr HEALTIlCARE 124,004.29 121,714.84 2,2S9.45 . TOT,us SI.7-41.91:2..84 Sl:Z1~71s...u $<(32,78Q..43 $2,052.,978.03 " ,,2 .' ., "\ i 267 e MEMORIAL MEDICAL CENTER PORT LAVACA, TEXAS PHYSICIAN'S ANALYSIS REPORT FEBRUARY 28, 2003 YTD YTD YTD REVENUE CONTRACTUAL WRITE-OFF NET REVENUE NAME MONTIf YTD AMOUNT AMOUNT GENERATED PERCENT APOSTOL, C.F, 66,723.35 197,741.65 53,591.99 13,446.43 130,703.22 66% APOSTOL, MELECIO 2,878,67 2,863.41 0.00 194.71 2,668.70 93% WILLlAM, GA 106,817.00 IJ<i,040,37 23,664.20 9,931.19 112,451.48 77% UN, M.S. 127,355.48 306,619.36 113,218.83 20,850.12 172,550.41 56% SMlTIl, l.re. 137,420.67 251,243.76 8,060.68 17 ,084.58 226,098.50 90% 0,00 0.00 0.00 0,00 0,00 0% MCFARLAND, T.R. 157,129.22 333,957.33 49,826.28 22,709.10 261,421.95 78% GRlFFlN, JEANNINE 13,398.22 45,262.72 (1,742.98) 3,077,86 43,927.83 97% BUNNELL, D.P. 345,396.61 676,310.92 307,685.63 45,989,14 322,636.15 48% e 0.00 0.00 0.00 0.00 0.00 0% ARROYO-DIAZ, R. 222,611.49 614,805,70 181,335.38 41,806.79 391,663.53 . 64% GILL, J. 74,868.33 245,807.74 62,830.98 16,714.93 166,261.84 68% W1LLlAMS, WES 78,235,25 137,971.00 43,400.03 9,382.03 85,128.94 62% CUMMINS,M. 50,441.92 85,221.75 23,063.33 5,795,08 56,363.34 66% RUPLEY, M. 16,681.56 44,338.93 5,839.56 3,015.05 35,484.33 80"10 LEE, J 45,847.07 115,311.13 23,363.04 7,84],16 84,106.93 73% LE, NHI 192,596.41 400,237.78 128,132.86 27,216.17 244,888.75 61% CARAWAN, S. 104,554.62 381,929,56 66,412.04 25,971.21 289,54031 76% STEINBERG, R. 13,582.62 23,176.19 4,256.02 1,575.98 17,344.19 75% RAMOS LABORATORY .7,769.96 17,333.72 11.&1 1,178.69 16,143.21 93% VISITING PHYSICIANS 252,598.50 404,149,44 87,505.95 27,482.16 289,161.33 72% ER PHYSICIANS 448,792.85 779,509.15 ! 136,037.67 53,006.62 590,404,86 76% NO LOCAL PHYSICIAN 608.81 1,854.49 I 221.71 126.11 1,506.67 81% 0TIffiR 478,731.20 735,948.28 322,786.72 50,743.99 362,417.57 49% TOTAL 2,945,039.81 . 5,947,640.88 1,639,561.73 405,139.09 3,902,940.06 66% e 3 268 e Page-1- 6 269 e MEMORIAL MEDICAL CENTER OPERATING STATEMENT For th. 02 Months ending F.bnulfY 215, 2003 SINGLE MONTH YEAR TO DATE Current Budget Prior Year Current YTO BudgetYTD Prior YTO Operating Expense Salaries 548,327.93 491,467.00 534,267.41 1,167,740.37 1.035,612.00 1,134,794.96 Eml>l<>Y'Il" Benefits 152,262.62 13S,660.00 96,766.19 318,006.03 286,340.00 295,5<31.76 PlOf_ Fees 246.0-45,5<3 229,5<36.74 235,5<36.42 456,597,57 459,133.48 472,335.36 Plant Operation 28,158.09 36,975.00 32,419.68 57,40-4.44 73,950.00 65,380." HospltU General '5,404.73 51,554.17 33.951.51 88,703.42 103,108.34 62.668.97 Other Oper.Iting Expenses '38,543.54 440,578.57 380,672.87 924,603.05 881,157.14 788,201.5<3 Total Operating Expense '..58,742.47 1,38S,801A8 1.313,644.08 3,013,05<.88 2.839,300.96 2,818,943.02 173,753.92 I 104.111.86 I Net Oper.>tfng Galnl(Loss) 185.022.18 (61.:398.91) 22.233.76 390.245.82 (53,168.78) 341,362.79 Ncn-Oper.>tInQ E>qlense [lej>tedatlon 127,070.92 129,515.50 130,190.08 255,119.46 259,031.00 261,12<.29 e Conlrillutlon to County 0.00 0.00 0.00 0.00 0.00 0.00 Total Non-Opetatlng E>qlens. 127,070.92 129,51S.5O 130,190.08 255,119,46 259.031.00 261,124.29 To ....tfng Galn/(Losa) 57,951.26 (190,91<'<1) (107,95<3.32) 135,126.36 (312,199.76) 80.238.50 County SUbsIdy 0,00 0.00 68.796.00 0.00 0.00 (68,796.00) Net Galn/(loss) after SutJ$ldy 57,951.26 (190,91<.<1) (176,752.32] 135,126.36 (312.199.78) 1<9,03-4.50 . e 7 page.1- 270 MEMORIAL MEDICAL CENTER AGING OF ACCOUNTS RECEIVABLE AS OF FEBRUARY 28, 2003 0-30 . 31-60 61-90 91-120 OVER 120 TOTAL MEDICARE 1,447,775 386,297 94,515 77,644 130,432 2,136,663 Percent 66% .~ 18% 4% 4% 6% 43% MEDICAID 273,476 - 43,903 24,649 11,527 35,820 369,375 . 70% 11% 6% 30/0 9% 8% BLUE CROSS 167,561 35,142 17,010 15,802 43,320 298,835 Percent 63% 12% 6% 5% 14% 6% COMMERCIAL 774,772 393,624 97,648 82,594 193,184 1,541 ,822 Percent 50% 26% 6% 5% 13% 31% PRIVATE 151,628 138,436 90,648 94,283 132,976 607,971 Percent 25% 23% 15% 16% 22% 12% TOTAL 2,835,212 997,402 324,470 281,850 535,731 4,974,666 Percent 57% 20% 7% 6% 10% 100% Outstanding AR Days: 49.35 February 46.37 January 00 ",-.../ e e .~ f' N e C'JlT.ROUN COUNTY LIBRARY - DONATIONS Noemi Cruz, County Librarian, said the following donations to the Calhoun County Library were received: $300 from City of Seadrift for books, etc. for the Seadrift Branch Library $ 50 from First Victoria National Bank for the reading program $100 from Seaport Bank in Seadrift for trophies and awards for the summer reading program A Motion was made by Commissioner Balajka and seconded by Commissioner Galvan to accept said donations to the Calhoun County Library. Commissioners Galvan, Balajka, Floyd, Finster and Judge Pfeifer all voted in favor. TRANSFRR OF SCHOOL BUILDING IN SEADRIFI' TO CALHOUN COUNTY FROM ~TJIOUN COUNTY INDBPENDENT SCHOOL DISTRIC'l: Commissioner Finster recognized the following ~ersons present in Court: Larry Nichols, School Super~ntendent, Mayor Ezell with the City of Seadrift, Noemi Cruz, County Liorarian and Barbara Campbell, Library Board member. Commissioner Finster recapped events concerning the old school building in Seadrift owned by the Calhoun County Independent School District. The School District contracted through an Interlocal Agreement with the City of Seadrift and Calhoun County for the School District to build a road to the new schoolhouse. The City paid their portion and that left the School District owing a balance of $29,404 for their part. They have offered to exchange those monies with some additional funds for the building in Seadrift. He summarized this in round numbers: the cost of the road ws $44,000, the City of Seadrift paid approximately $15,000 which left a balance of about $29,400. The school building appraised at $35,700 and the six lots under it, at $9106, for a total of $44,000. The 29,000 the School District owes the County subtracted from $44,000 leaves about $15,000. The School District has offered to allow Precinct 4 to do some repairs to their parking lot and the playground for that $15,449. Commissioner Finster asked the Court to proceed with the transfer of that facility which will be that an Interlocal Agreement will have to be drawn up and brought to the Court e~laining exactly what has taken place and how that $15,000 ~s going to be utilized for the system. Mr. Nichols stated the School District believes the building was built by the taxpayers and should be used by the taxpayers and seeks to move this process foward. Barbara Campbell said the Seadrift area needs a larger building with parking. Also, the shuttle bus drops school children off right by there. Commissioner Finster said the group has previously met to discuss ways to raise funds for renovation of the roof. Ms. Cruz stated there are grants for which they may apply for funding. She said the current buildin~being used has no room for expansion and no handicap fac~lities. Billy Ezell, Seadrift mayor, stated the computers are in the same area with reading and the room is very crowded and computers are distracting to the readers. He said the City has plans to take on the additional area and possibly move city hall there. The auditorium could be used as a community center. Commissioner Finster said an electrician and architect have looked at the building and found no problems. A Motion was made by Commissioner Finster and seconded by Commissioner Galvan to ~roceed with the transfer of the facility in Seadrift wh~ch means an Interlocal Agreement will be brought before the Court at a later date setting out exactly what will take place. Commissioners Galvan, Balajka, Floyd, Finster and Judge Pfeifer all voted in favor. e e e Z7Z e TEXAS DEPARTMENT OF PUBLIC SAFETY OMNIBASE SERVICES. INCORPORATED - INTERLOCAL COOPERATION AGREEMENT REGARDING FAILURE TO APPEAR PROGRAM FOR JUSTICES OF THE PEACE OFFICES e Nancy Pomykal, Justice of the Peace Pct. #5, said in January of 1999 they entered into a failure to appear program, however, it did not interface well with the computer program used. The OmniBase Services program will interface with the Hill Country Software which they now use as well as with several others. She requested the County enter into an interlocal Cooperation Agreement with the Texas Department of Public Safety OnmiBase Services, Incorporation. A Motion was made by Commissioner Balajka and seconded by Commissioner Floyd to enter into an Interlocal Cooperation Agreement with the Texas Department of Public Safety OmniBase Services, Incorporated for the failure to qppEar program and authorize the County Judge to sign same. In discussion, Judge Pomykal stated there are about 200 counties which now have this program; with it Calhoun Count~ will be able to exchange information with these count1es regarding failure to appear cases. Commissioner Galvan asked if a person with a FTA is picked up in another county and has a warrant in Calhoun County and they spend their time in jail there, what is the cost to Calhoun County which has no jail at this time. Judge Pomykal replied that county will take responsibility of the cost; the person has to be allowed to spend his jail time where he is arrested, although most persons will be bonded out rather than spend time in jail. Judge Duckett said the person will have to pay any outstanding fines and costs before they can renew their drivers' license or re$ister a vehicle as the OnmiBase program will detect the fa11ure to appear when their name is entered into the system. Commissioners Galvan, Balajka, Floyd, Finster and Judge Pfeifer all voted in favor. e 273 . Interlocol Cooperation Contract Page I of 6 e Interlocal Cooperation Contract STATE OF TEXAS COUNTY OF Calhoun ~ ~ ~ I. Parties This Interlocal Cooperation Contract ("Contract") is made and entered into between the Texas Department of Public Safety ("TOPS"), a political subdivision of the State of Texas, and the County of Calhoun , a local political subdivision of the State of Texas. II. Overview The purpose of this Contract is to implement the provisions of Texas Transportation Code Chapter 706. A local political subdivision may contract with the TOPS to provide information necessary to deny renewal of the driver license of a person who fails to appear for a complaint or citation or fails to payor satisfy a judgement ordering payment of a fine or cost in the manner ordered by the court in a manner involving any offense within the jurisdiction of the justice or municipal court. e The TOPS has authority to contract with a private vendor ("Vendor") pursuant to Texas Transportation Code 1)706.008. The Vendor will provide the necessary goods and services to establish an automated system CFTA System") whereby information regarding violators subject to the provisions of Texas Transportation Code Chapter 706 may be accurately stored and accessed by the TOPS. Utilizing the FTA System as a source of information, the TOPS may deny renewal of a driver license to a person who is the subject of an FTA System entry. Each local political subdivision contracting with the TOPS will pay monies to the Vendor based on a fee certain established by this Contract. The TOPS will make no direct or indirect payments to the Vendor. The Vendor will ensure that accurate information is available to the TOPS, political subdivisions and persons seeking to clear their licenses at all reasonable times. III. Definitions "Complaint" means notice of an offense as defined in Article 27.14(d) or Article 45.019, Code of Criminal Procedure, e "Department" or "TOPS" means the Texas Department of Public Safety. "Failure to Appear Program" or "FTA Program" refers to the implementation efforts of all parties, including those system components provided by the TOPS, local political , 274 e e V. e Interlocal Cooperation Contract Page 2 of6 subdivisions and the Vendor, including the FTA System. "Failure to Appear System" or "FTA System" refers to the goods and services, including all hardware, software, consulting services, telephone and related support services, supplied by the Vendor. "FTA Software" refers to computer software developed or maintained now or in the future by the Vendor to support the FT A System. "Originating Court" refers to the court in which an applicable violation has been filed for which a person has failed to appear or failed to payor satisfy a judgement and which has submitted an appropriate FTA report. "State" refers to the State of Texas. "Local political subdivision" refers to a city or county of the State of Texas. Unless otherwise defined, terms used herein shall have the meaning assigned by Texas Transportation Code Chapter 706 or other relevant statute. Terms not defined in this Contract or by other relevant statutes shall be given their ordinary meanings. IV. Governing Law This Contract is entered into pursuant to Texas Government Code Chapter 791 and is subject to the laws and jurisdiction of the State of Texas and shall be construed and interpreted accordingly. Venue The parties agree that this contract is deemed performable in Travis County, Texas, and that venue for any suit arising from the interpretation or enforcement of this Contract shall lie in Travis County, Texas. VI. Application and Scope of Contract This Contract applies to each FTA report submitted to and accepted by the TDPS or the Vendor by the local political subdivision pursuant to the authority of Texas Transportation Code Chapter 706. VII. RequiredWarnin90n Citation for Traffic-Law Violations A peace officer authorized to issue citations within the jurisdiction of the local political subdivision shall issue a written warning to each person to whom the officer issues a citation for a traffic law 'Violation. This warning shall be provided in addition to any other warnings required by law. The warning must state in substance that if the person fails to appear in court for the prosecution of the offense or if the person fails to payor satisfy a judgement ordering the payment of a fine and cost in the manner ordered by the court, the person may be denied renewal ,of the person's driver license. The written warning may be printed on the citation or on a separate instrument. 07t- "- V . Interloca~ Coop.ration Contract Page 3 of6 e VIII. FTA Report If the person fails to appear or fails to payor satisfy a judgement as required by law, the local political subdivision may submit an FTA report containing the following information: (1) the jurisdiction in which the alleged offense occurred; (2) the name of the local political subdivision submitting the report; (3) the name, date of birth and Texas driver license number of the person who failed to appear or failed to payor satisfy a judgement; (4) the date of the alleged violation; (5) a brief description of the alleged violation; (6) a statement that the person failed to appear or failed to payor satisfy a judgement as required by law; (7) the date that the person failed to appear or failed to payor satisfy a judgement; and (8) any other information required by the TOPS. There is no requirement that a criminal warrant be issued in response to the person's failure to appear. The local political subdivision must make reasonable efforts to ensure that all FTA Reports are accurate, complete and non-duplicative. e IX. Clearance Reports The originating court that files the FTA Report has a continuing obligation to review the report and promptly submit appropriate additional information or reports to the Vendor or the TOPS. The clearance report shall identify the person, state whether or not a fee was required, advise the TOPS to lift the denial of renewal and state the grounds for the action. All clearance reports must be submitted within five business days of the time and date that the originating court receives appropriate payment or other information that satisfies the citizen's obligation to that court, To the extent that a local political subdivision utilizes the FTA Program by submitting an FTA Report, there is a corresponding obligation to collect the statutorily required $30.00 administrative fee. If the person is acquitted of the underlying offense for which the original FTA Report was filed, the originating court shall not require payment of the administrative fee, The local political subdivision shall submit a clearance report within five business days advising the TOPS to lift the denial of renewal and identifying the grounds for the action. The locarpoliticalsubdivision must promptly file' a clearance report upon payment of the administrative fee and: (1) the perfection of an appeal of the case for which the warrant of arrest was issued or judgement arose; (2) the dismissal of the charge for which the warrant of arrest was issued or judgement arose; (3) the posting of a bond or the giving of other security to reinstate the charge for which the warrant was issued; (4) the payment or discharge of the fine and cost owed on an outstanding e .1, 276 e e e lnterlocal Cooperation Contract Page 4 of5 judgement of the court; or (5) other suitable arrangement to pay the fine and cost within the court's discretion. The TDPS will not continue to deny renewal of the person's driver license after receiving notice from the local political subdivision that the FT A report was submitted in error or has been destroyed in accordance with local political subdivision's record retention policy. X. Compliance with Law The local political subdivision understands and agrees that it will comply with all local, state and federal laws in the performance of this Contract, including administrative rules adopted by the TOPS. XI. Accounting Procedures An officer collecting fees pursuant to Texas Transportation Code ~706.006 shall keep separate records of the funds and shall deposit the funds in the appropriate municipal or county treasury. The custodian of the municipal or county treasury may deposit such fees in an interest-bearing account and retain the interest earned thereon for the local political subdivision. The custodian shall keep accurate and complete records of funds received and disbursed in accordance with this Contract and the governing statutes. The custodian shall remit $20.00 of each fee collected pursuant to Texas Transportation Code ~706.006 to the Comptroller on or before the last day of each calendar quarter and retain $10.00 of each fee for payment to the Vendor and credit to the general fund of the municipal or county treasury. XII. Payments to Vendor The TOPS has contracted with OmniBase Services, Inc. ("Vendor"), a corporation organized and incorporated under the laws of the State of Texas, with its principal place of business in Austin, Texas, to assist with the implementation of the FTA Program. Correspondence to the Vendor may be addressed as follows: OmniBase Services, Inc. 6101 W. Courtyard Drive, Building 3, Suite 210 Austin, Texas 78730 ------------(512)-3-46~6~xt_i()0;_(5t2")340-@3-1-Z-(fax)-------~--- The local political subdivision must pay the Vendor a fee of $6.00 per person for each violation which has been reported to the Vendor and for which the local political subdivision has subsequently collel:ted the statutorily required $30.00 administrative fee. In the event that the person has been acquitted of the underlying charge, no payment will be made to the Vendor or required of the local political subdivision. The parties agree that payment shall be made by the local political subdivision to the Vendor no later than the last day of the month following the close of the calendar quarter in 277 Interlacal Cooperation Contract Page 5 of6 . which the payment was received by the local political subdivision'. XIII. Litigation and Indemnity In the event that the local political subdivision is aware of litigation in wh'ich this Contract or Texas Transportation Code Chapter 706 is subject to constitutional, statutory, or common- law challenge, or is struck down by judicial decision, the local political subdivision shall make a good faith effort to notify the TDPS immediately. Each party may participate in the defense of a claim or suit affecting the FTA Program, but no costs or expenses shall be incurred for any party by the other party without the other parties written consent. To the extent authorized by law, the local political subdivision agrees to indemnify and hold harmless the TOPS against any claims, suits, actions, damages and costs of every nature or description arising out of or resulting from the performance of this Contract. and the local political subdivision further agrees to satisfy any final judgement awarded against the local political subdivision or the TOPS arising from the performance of this Contract, provided said claim, suit, action, damage, judgement or related cost is not attributed by the judgement of a court of competent jurisdiction to the sole negligence of the TOPS. It is the agreement of the parties that any litigation involving the parties to this Contract may not be compromised or settled without the express consent of the TDPS, unless such litigation does not name the TOPS as a party. e This section is subject to the statutory rights and duties of the Attorney General for the State of Texas. XIV. Contract Modification No modifications, amendments or supplements to, or waivers of, any provision of this Contract shall be valid unless made in writing and executed in the same manner as this Contract. XV. Severability If any provision of this Contract is held to be illegal, invalid or unenforceable under present or future laws effective during the term hereof, such provision shall be fully severable. This Contract shall be construed and enforced as if such illegal, invalid or unenforceable provision had never comprised a part hereof, and the remaining provisions shall remain in full force and effect and shall not be affected by the illegal, invalid or unenforceable provision or by its severance therefrom. XVI. Multiple Counterparts e This agreement may be executed in a number of identical counterparts, each of which shall be deemed an original for all purposes and all of which constitutes, collectively, one agreement. But, in making proof of this agreement, it shall not be necessary to produce or account for more than one such counterpart. ,,~ 278 l},; Interlocal Cooperation Contract Page 6 of6 XVII. Effective Date of Contract e This contract shall be in effect from and after the date that the final signature is set forth below. This contract shall automatically renew on a yearly basis. However, either party may terminate this agreement upon thirty dates written notice to the other party. Notice may be given at the following addresses: Local Political Subdivision Texas Department of Public Safety The County of Calhoun Project Administrator, FT A Program Michael J. Pfeifer, CalhounCCounty Judge5805 North Lamar Boulevard 211 South Ann Street 11304 Austin, Texas 78773-0001 Port Lavaca, lexas 1I~/9 (512) 424-5948 (fax) Notice is effective upon receipt or three days after deposit in the U.S. mail, whichever occurs first. After termination, the local political subdivision has a continuing obligation to report dispositions and collect fees for all violators in the FTA System at the time of termination. TEXAS DEPARTMENT OF LOCAL POLITICAL SUBDIVISION* PUBLIC SAFETY e l~~ Tom Haas Chief of Finance ~~J~ ,-/U;, . AuthOrized Slgnatur Michael J. Pfeifer ~-7-03 Date Calhoun County Judge Title ?7 M:::aT",..h ?()()1 Date * An additional page may be attached if more than one signature is required to execute this contract on behalf of the local political subdivision. Each signature block must contain the person's title and the date, e hap ://www.omnibase.com/conrract_new.hrm ,11 "J!7nrn 279 03/24/2~03 10:48 361-983-2461 CALHOUN CO PCT 5 PAGE 02 e - March 21,2003 Justices of the Peace Calhoun County 201 W. Austin Street Port La-vaca, Texas 77979 The Honol'8hle Mike Pheifcr and Calhoun County Commissionml 211 S. Ann Street Port Lavaca. Texas 77979 Re: Contract with Department of Public Safety OmniBase Services, Incorporated; Dear Sirs: We the Justices of the Peace of Calhoun County are recommending our county enter into a contract with OmniBase Services, Incorporated. OmniBase is a remote ca5e entry system, failure to appear program. It maintains records, rransmits records, and provides reports of outstanding violators and offenses. Once a violator is entered into the program, they will be part of a state wide data base, providing all law enforcement with information pertaining to outstanding warrants. Anyone with outSlJl1lding warrants will be unable to renew their driver's license or register their vehicle until the warrants are disposed of. e The J.P. lIIIUlllgement software we an: currently using will interfuce easily with the program. We feel entering into a contract with this company will expedite the dispositions of outstanding cases, and clear our dockets of out- dated violations. The fiillure to appear program will also provide our county and state with revenue which may currently be un-collected by not being in a state wide collection system.. Thank you fur your prompt attention to this matter. Very truly yours, Judge Sally Menchaca, Pct. I Judge James Duckett, Pct. 2 Judge Gary Noska, Pct. 3 Judge James Dworaczyk, Pet. 4 Judge Nancy Poroykal, Pet. 5 e .~_'i 280 ENTERPRISE ZONE ESTABLISHMENT FOR CALHOUN COUNTY Commissioner Galvan stated the establishment of an enterprise zone for Calhoun County has been discussed by the Court several times. He, personally, felt the Court should continue with this. Jack Wu, with Formosa Plastics, Inc., said he appreciated the Court taking the time to understand the process. He felt this is good for the County with no cost and this would be a potential help for the County. He asked the Court to take action. e Ken Morris of Port Alto spoke in opposition to the enterprise zone. He said companies using the free trade zone avoid federal tax and are now trying to avoid paying local and state taxes. He felt this was alright for a small company to get a tax break but not large companies. He said this would be a loss of revenue needed by the county and would place a burden on taxpayers. He asked the Court not to proceed with the zone until they have more information. Commissioner Galvan replied if this would be a burden to the county and state, the State Legislature would have done away with it. Commissioner Balajka stated the contract has not yet been made. Commissioner Floyd suggested defining why the zone is being created and obtaining a cost analysis. Commissioner Balajka said the Court would set forth enterprise zone guidelines only. Mr. Wu said this is to create jobs and stated Formosa has paid millions of dollars in taxes and their employees all pay taxes. This also helps the schools. He said this would not affect the local tax base, the program is tied to the state. The Court is asked only to establish a zone. e Mayor Tharling stated an enterprise zone will offer an opportunity to companies. They mu~t create permanent jobs for a certain number of years. He encouraged the Court to adopt establishment of a zone. Mr. Wu said he had no project in mind when he requested the establishment of an enterprise zone. This would affect only state sales tax and franchise tax. He said the enterprise zone has nothing to do with a tax abatement or reinvestment zone. Commissioner Floyd said in an enterprize zone some tax abatement of the company would be involved. e A Motion was made by Commissioner Galvan and seconded by Commissioner Balajka to form an enterprise zone for Calhoun County. Commissioners Galvan, Balajka, Finster and Judge Pfeifer all voted in favor. Commissioner Floyd voted against. Commissioner Floyd e~lained his objection: (1) We need to have a project deflned so we can do a project cost analysis and then determine whether it is good or bad for the County. (2) Tax abatement is proper if it induces a company to come here; a company that is here ought to be established and remain here because of the profit ability. We don't need to push the burden of those companies on to the taxpayers of the County. Commissioner Finster stated there is no one company asking for an enterprise zone at this time. Commissioner Floyd asked for what purpose. Commissioner Finster said the zone is created and then the terms are defined. Commissioner Galvan felt this would create jobs and entice enterprise to Calhoun County. Commissioner Balajka agreed. He said regarding shifting the burden to the taxpayers, "God help the taxpayers if industry was not here." Commissioner Floyd said industry is here because it is profitable to them. Mayor Tharling thanked the Court on behalf of the City and the citizens who need jobs. 281 A Mo~io~ was ~de by Commissioner Balajka and seconded by Comm1ss1one~ F1nster to appoint Judge Pfeifer as representat1ve of the Court with Commissioner Galvan in the develo~ment and research of establishing an enterprise zone. CO~1ssioners Galvan, Balajka, Floyd, Finster and Judge Pfe1fer all voted in favor. e RYAN &COMPANY State & Local Tax Services 100 Congress Menu€ Suite 1900 Austin, TX 78701 Tel. 512476.Q022 Fax 512.476.0033 www.ryanco.com TEXAS ENTERPRISE ZONE PROGRAI\1 SUMMARY PROGRAl'1 STATUS e Since its inception in 1988, Texas Enterprise Zones have attracted at least $11.6 billion in capital investment and over 88,000 newly projected jobs and over 9,100 retained jobs. As of March 2003, one hundred and seventy one (171) proj ects have been designated in Texas and there are two hundred and five (205) active zones approved by the Texas Department of Economic Development (the "Department") which administers the program. Representative Enterprise Zones in major Texas cities include Corpus Christi, Dallas, Fort Worth, Abilene, Amarillo, Houston, Midland, Beaumont/Jefferson County, McAllen, Brownsville, Port Arthur, San Antonio, and Waxahachie. The size and composition of each Texas Enterprise Zone are unique and reflect the characteristics of the nominating city or county. A zone may range from approximately 1 square mile to a maximum of 20 square miles, The geographic areas are flexible and can be expanded if necessary to meet the needs of the area. However, no area can be deleted without completely re-designating the entire Enterprise Zone. RECENT Ai\1ENDMENTS AFFECTmG ENTERPRISE ZONE LEGISLATION A few years ago, the 76>Jt Legislature mandated a minimum Project score (30 points) and expanded the conditions under which a business could qualify for Project designation when no new jobs were created, but jobs are retained in the ongoing business. e The n>Jt Legislature signiiicantly expanded the tax benefits of the Program and reduced the number of new or retained jobs a business must create to take full advantage of the Program. Now a business must only create or retain 250 jobs, instead of 625 jobs, to receive the maximum sales ta.x refund of $1.25 million. Furthermore, the Department is now authorized to designate up to 85 businesses as Enterprise Projects every two years. Localities over 250,000 residents can nominate up to six Enterprise Projects every two years while localities with less than 250,000 residents can nominate up to four Enterprise Projects biennially, 282 Equal Ooportumty Emoloyer {;s. . e e e ELIGIBILITY CRITERIA FOR THE ENTERPRISE ZONE An Enterprise Zone ("zone") is a geographic area with the following physical and economic characteristics. The intent of the governing body to consider an area as a zone must be first published and posted for seven (7) days before official action can be taken. The proposed zone must 1. Have a continuous boundary; 2. Be at least one square mile, but not more than 10 square miles or 5% of total area of nominating government. In no case can it be more than 20 square miles; and 3, Have one and one-half times the state unemployment rate, or a 12% population loss for the last 6 years or a loss of at least 4% in the past 3 years, and 4, One or more of the following criteria must be met a. Area is low-income poverty area' (a minimwn 20% poverty rate); b. Area is eligible for UDAG funding; c. At least 70% of residents or households have income below 80% of the median income of the locality or state, whichever is lower; and/or d. Chronic abandonment, substantial tax arrears, substantial business losses, or a declared disaster area; or the e. Area has had a subs1antial increase in juvenile crime activity. Under the new law, it will be important for the communities nominating the zone to pay particular attention to the design of zone boundaries to have the highest level of economic distress as practicable. In addition, it will be very important to negotiate with local businesses and charitable organizations to contribute time and resources to the revitalization goals of the enterprise zone. ENTERPRISE ZONES AND REINVESTMENT ZONES Enterprise Zones are automatically considered to be reinvestment zones without further action by the nominating governing authority (Government Code, 2303.507). Reinvestment zones are the precursor oflocal tax benefits including city, county and/or school district tax abatement ("TA") or they may be the precursor to be establishment of a tax increment finance ("TlF") district. A business should discuss these options for local incentives with the local taxing authorities at the same time the business requests Enterprise Zone participation and support from the local city cOWlcil or cOWlty commission. The 74th Legislature made two important changes regarding the relationship between these two types of zones. First, a reinvestment zone designated at the time of an enterprise zone will now both be in effect for seven years. . Second, tax abatement agreements negotiated within an enterprise zone do not have to contain identical t=s within the abatement contract. For example, a city could abate 100% and a school district could abate only 50%. STATE AND LOCAL INCENTIVES FOR TEXAS ENTERPRISE ZONES 1. Local property tax abatement 2 283 e 2. Tax increment financing permitted in zone 3. Refund of state sales and use taxes (local sales tax rebate is optional) 4. Deduction of state franchise tax 5. State and local regulatory relief or expedited processing 6. Grant and loan preferences, including priority funding for Smart Jobs 7, Infrastructure improvements to the site (both local and state) 8. Reduced development, water and sewer fees at the site 9, Up to 5% reduction in utility rates from the lowest rate offered to any business in the enterprise zone. If the local utility does not offer the reduction, a business may petition the PUC directly for the incentive and the PUC is empowered to order the reduction. REQUIREMENTS FOR ENTERPRISE PROJECTS Projects are designated by the Department based on score, The minimum score to be considered is 30 points. Factors considered in the evaluation include the amount of capital investment, the number of new jobs created and the distress level of the community. Each local governing authority nominates the business by resolution for Project consideration. The Department may designate no more than 85 businesses as Projects during the biennium. The qualified business must maintain the same level of employment for qualified employees for three years from the time of refund qualification, Most governing bodies (city or county) may nominate six projects every two years e A business must meet certain requirements to be designated an Enterprise Project by the Department. First, the business must be physically located in an Enterprise Zone or have solid plans to move into a zone. Second, the business must agree to hire 25% of its new employees who are either (1) residents of the Enterprise Zone, and/or (2) economically disadvantaged. These new hires do not include twnover or replacement personnel. This percentage must be maintained during the time a business is considered an enterprise project. Normally, the project life is five (5) years. Third, the business must enter into a contractual agreement with the Department stipulating that the business will maintain separate books and records for activities within the zone and that the Department may inspect these materials for program compliance with reasonable notice. The business must also agree to maintain the same level of employment that it had when it first received sales tax benefits for at least three years after designation, or the Comptroller may seek a proportionate retwn of the benefits, plus penalties and interest. REQUIREMENTS FOR RETENTION ENTERPRISE PROJECTS There is a unique job retention provision in the statute, which allows generous incentives for businesses, which invest in their facilities, which ultimately improves the plant's efficiency. If such an investment increases the production capacity by 10% or reduces the overall cost per unit produced by 10%, the businesses can apply for designation by the Department. Sales and use tax refund may then be applied to all employees (up to the maximum of 250) - not just new jobs. e 3 ,.,'1 284 e e e However, there is one more step required to access this incentive provision, A prospective applicant must first submit a qualification letter through the nominating city or county, to the Texas Department of Economic for pre-approval to proceed ,vith the application. Overall, the Enterprise Zone program provides very little administrative interference to ongoing business operations. There is no minimum job level nor is there a minimum capital investment required. The project does not have to submit a report to the Department until the business applies for the tax incentives offered through the program. Many national relocations as well as local industry expansions have been designated including: BASF, i2Technologies, Inc., AT & T, Borden, Inc" Tandy Corporation, Target Stores, 3M, Bausch & Lomb, Russell Stover Candies, Chrysler Technologies Airborne, Fruit of the Loom, Trinity Industries, Koch Refining Company, CITGO Refining and Chemicals, Inc., Temple-Inland Forest Products and Owens-Coming Corporation. QUALIFICATIONS FOR ECONOMlCALLY DISADVANTAGED INDIVIDUALS One out of every four (25%) new qualified employees hired by the Project must be an economically disadvantaged person or a resident of the local Enterprise Zone. The definitions of such persons are broad and are generally based on low income or other poverty indicators. Specifically, one of four new hires or replacements for existing jobs designated for benefit must meet one of the following descriptions: l. 2. 3. 4. 5, 6. 7. 8. have been unemployed for the preceding three (3) months; or receive some type of public assistance, such as food stamps; or be eligible for the WOTC (the Federal Work Opportunity Tax Credit) program; or be a handicapped individual; or be an inmate entering the workforce after serving in a correctional facility; or earn less than 80% of the median area income (V,S. Census); or be on parole from the T exas Youth Commission; or lives in an Enterprise Zone(s) approved by the local governing body, The local Texas Workforce Commission office is generally very helpful in assisting the Project in identifying a labor pool, which meets the criteria stated above. In many cases where a governing authority has an existing zone, a labor pool may already be in place, Before a traditional project can qualify for tax refunds, each qualified employee must have worked at least 1,820 hours within a one-year period. Retention projects can qualify for benefits immediately after designation. PROJECT APPLICATION SCORING , Each project application received by the Department will be scored for purposes of detennining the opportunity for a nominating government to secure more than the minimum number of designated 4 08r- ",. J e projects and, if applications exceed the allowable project designations, for determining which applications will be approved by virtue of their scores_ The general point spread of score distribution will be: 1. 25% for the economic distress of the immediate geographic area 2. 25% for the economic distress of the enteIprise zone 3. 25% for the degree of public/private cooperation 4, 12,5% for the amoWlt of capital investment 5, 12,5% for the type and wage levels of created/retained jobs TIMETABLE CONSIDERATIONS Deadlines for project application submission are posted annually in the Texas Register. The Department has set deadlines for the first business day of every third month, i.e, September I, December I, March I and J Wle 1. The critical point to evaluate when considering an application to the Department is the anticipated time of purchase orders related to equipment, machinery or construction materials. Tax refunds on these purchases will be given starting 90 working days before a project approval is formally granted by the Department. e STATE SALES AND USE TAX INCENTIVE FOR ENTERPRISE PROJECTS A business designated as an Enterprise Project is eligible to receive up to $1,25 million in refunds of state sales and use taxes. 34 TEX. ADMIN. CODE 93,329 also makes it very clear that the qualified. businesses approved as Projects must create and maintain permanent jobs for purposes of the sales and use tax refund and the franchise tax credit. Beginning September 1,2001, a business may receive $5,000 per job up to a maximum of$250,000 per year for five years, Refunds are granted for all new jobs created, not just the jobs which constitute the 25% criteria for economically disadvantaged persons. Qualified purchases for sales tax refunds include business consumables, taxable services, equipment, machinery, and building materials for use in the zone, In addition, refunds can be made for taxes paid on labor for building rehab and taxes paid on electricity and natural gas used by the Project in the zone. A portion of the refunds are currently allowed, but taxes on consumables and services may be accrued, but may not actually be received Wltil September I, 2003, Even so, the business may carry back earned refunds 90 working days prior to designation and receive the full value of the incentive as long as the business met program requirements during the periods for which the refund is sought. FRANCmSE TAX INCENTIVE FOR ENTERPRISE PROJECTS e After September I, 2001 a Project may take a franchise tax credit each year the designation is in effect. There are two credits: job creation and capital investment. The job creation credit is 5 .,~ 286 ~~. . e e e calculated by taking 25% of the new job payroll and the investment credit is 7,5% of the capital dollars invested in the business designated as a Project. The entire credit may be taken the year in which it was earned, however, the credits may absorb only up to half (50%) ofthe Project's liability. While a Project can establish the credit after September I, 2001, no credit can be actually taken before September 1,2003. Neither credit may reduce the franchise tax liability below zero. A corporation may take the option of its choice, but an election for the initial period (capital or earned surplus) applies to the second tax period and to the first annual regular period. SEPARATED CONTRACT PROVISION It is important to note that the State Comptroller requires a separated contract if a Project undertakes construction of a facility with a general contractor and/or individual subcontractors. Essentially, that means that labor, materials and state taxes paid on each segment must be separately stated. A lump sum contract will only be recognized by the Comptroller if the contractor has been designated a Project. While each contract will be unique, the following paragraph illustrates some suggested language: a. Equipment, Machinery and Building Materials. Accompanying each request for an advance under this construction contract, contractor shall furnish to owner copies of all invoices (or summaries thereof if the investors also relate to other construction contracts) for equipment, machinery and building materials purchased in connection with this construction contract. Each invoice (or summary thereof if the invoice also relates to other construction contracts) shall expressly show each item purchased, the date of the purchase, the arnount of the purchase, the amount of tax to be paid by Owner and the identity of the seller. Contractor shall further maintain all records necessary to indicate all equipment, machinery and building materials were purchased for use within the enterprise zone, Contractor hereby agrees that each subcontractor, mechanic and material men conducting work pursuant to, or in connection with, this Construction Contract shall be subject to, and comply with, the requirements of this Section _(a) and (b). Contractor expressly acknowledges and agrees that all tax refunds payable relative to this Construction Contract are the sole and exclusive property of Owner, b. Further Assurances. Contractor and Owner expressly acknowledge and agree that it is the intention that this Construction Contract be construed as, and constitute, a separated contract for all purposes, including for purposes of compliance with Section 151.429 of the Texas Tax Code and Rule 3,329 as promulgated by the Comptroller of Public Accounts for purposes of establishing the guidelines and procedures for administering Section 151.429 of the Texas Tax Code. Without further consideration, Owner and Contractor shall effect such amendments and make such adjustments to the terms and provisions of this Construction Contract as may be reasonably requested in order to enable and insure that this Construction Contract constitutes a separated contract and that Owner shall be entitled to receive and retain all tax refunds available pursuant to Section 151.429 of the Texas Tax eode, Without negating or otherwise impairing or affecting Contractor's obligations to fully comply with this Section _(a) and (b), Owner acknowledges that 6 287 288 Contractor is not warranting that Owner is legally entitled to the tax refunds available pursuant to Section 151.429 of the Texas Tax Code. "I hereby acknowledge on behalf of is hereby incorporated into the original purchase order executed on that this provision FOR ADDITIONAL INFORMATION CONTACT: Karin Riclunond, National Director, Business Incentive Practice, Ryan and Company; Chairman, Enterprise Zone Board 1984-87, 7 e e e """"""-,..,.,. e e e APPROVAL OF MINUTES AMotion was made by Commissioner Finster and seconded by Commissioner Balajka that the Minutes of March 13, ,2003 be approved as presented. Commissioners Galva~, Bala]ka, Floyd, Finster and Judge Pfeifer all voted In favor. Michael J; Pfeifer County Judge H. Floyd Commissioner, Pet. 3 Roger C. ,Galvan Commissioner, Pet. 1 . Kenneth W. Finster Commissioner, Pct. 4 Michael J. Balajka Commissioner, Pet. 2 Shi'rley Foester Deputy County Clerk BIDS AND PROPOSALS - LAW ENFORCEMENT LIABILITY INSURANCE The County Auditor read the following bids received for Law Enforcement Liability Insurance. A Motion was made by Commissioner Floyd and seconded by Commissioner Balajka to accept the bid of Royal Surplus Line, Inc., carrier for G8M Insurors, for Law Enforcement Liability Insurance exludin$ terrorism coverage, (Option #1) as low bidder. Commissloners Galvan, Balajka, Floyd and Judge Pfeifer all voted in favor. (Commissioner Finster was absent from the room when the vote was taken.) CALHOUN COUNTY AUDITORS OFFICE BIDSIPROPOSALSFOR 5120..1 7,[~M....J /-t. A- "ATEOPE"" 20 J.1~ 61-&05 TIME OPENED I tJ; (JO PRESENT AT THE OPENING e~ --f () j ~ I FollowinR is a list of BidslProp(lsa(s opened and bid amounts, ifapproprillte. 1\ i-t.f<r.,,+ ~dderfProooser ~ _ /.J 0 A""7nt J.J. c.o-rri\!( 1, 7""dnv I 3 </, f3tJ '? :fl" tv. ~ j1-"~+~~ -b (nJ.J... 1- &7 .25'0 ~ , 2. 3. 4, S. ;( ') ~D' 2- <f c/--:;, Wi ~'7 -'/ pr<~"-,,,+ , ~ " Co...{('ler 6. ~'~/h-'~ 7, -/1J '11: So, 5& 1. O~ 8. BIDSIPROPOSALS WERE" n,.. REFERREDTQ UO^"- ~1'-\.1 '~:j SIGNATURE r,......"j'f1'v\".JJ~A) Tbis form on ";)-,)D-01, was f3lcd to tbefoUowing: ~rr~t~J..J:i('0'I. ~~I'.L'" -3/';'0/0-3 j(}:55v.v.-.. Michael Pfeifu, County Judge Rocer Galv.:r.n, Commissioner Pet. #1 Michael Blllajka Commissioner Pet. #2 H. Floyd, Commi~~ioner Pet. #3 Kenneth Fill~ter CommisltiOller Pet. #4 289 o p+ 1'01--/ =#.1.. e Commercial Insurance Proposal , Calhoun County, Texas LAW ENFORCEMENT LIABILITY e INSURANCE Presented by: GSMINSURORS ROCKPORT, TEXAS THIS DOCUMENT SUMMARIZES THE PROPOSAL FOR YOUR INSURANCE. THIS IS NOT A CONTRACT. THE TERMS OF THE POLICY FORMS WILL CONTROL THE INSURANCE CONTRACT WITHOUT REGARD TO ANY STATEMENT MADE IN THIS PROPOSAL. e ",'1 zso e e e INSURANCE BIn For the following types of coverage: Inception Date LAW ENFORCEMENT LIABILITY INSURANCE April 2, 2003 Coverage is to be the same as under existing policies' which may be reviewed in the County Auditor's Office. Calhoun County Courthouse Annex. (Policies must remain in the COlmty Auditor's Office.) Detailed specifications may be obtained from the County Audilor's Office upon request. All insurance applications are to be completed by the bidder. Bid amounts are to be inclusive of state taxes, fees and any other costs of the insurance policy. Rates quoted will be guaranteed for ]2 months. Second and third years will be re-negotiated with same carrier. '" Exceptions: 1. Retroactive coverage is to be included for the period 4/2/92 to 4/2/93. 2. Coverage for non-monetary damages is to be included. ""m.~ BID AMOUNT Annual 3-Year Premium LAW ENFORCEMENT LIABILITY INSURANCE $ 34,830.00 ** N/A NAME: GSM INSURORS POBOX 1478 ADDRESS: CITY, STATE, ZIP: ROCKPORT, TEXAS 78381-1478 PHONE NUMBER: 361-729-5414 AUTHORIZED SIGNATURE: TITLE: PRESIDENT OPTION # 1 COMPANY: ROYAL SURPLUS LINES INSURANCE COMPANY Best Rating A-VII I as of 3-19-03 *. Above Premium is excluding Terrorism - See Proposal 291 e COMPANY: Royal Surplus Lines Insurance Company A M Best Rating: A- VIII as of 3-19-03 Coverage: Law Enforcement Professional Liability Limits: $1,000,000 Combined Single Limit $2,000,000 Annual Aggregate Deductible: $10,000. per claim Conditions: Occurrence Form - Defense costs in addition to the Limit of Liability - Named Perils included Personal Injury, Bodily Injury and Property Damage - Punitive Damage coverage/Non- Monetary Defense included - Expenses are paid in addition to the limit of liability, by endorsement - Also if county has preference of legal council, they can process such a request upon binding - No Retro coverage - 25% MEP e Company requires 25% of Premium to Bind - Balance due to Company in 15 days PREMIUM: $38,250.00 Note: Terrorism Coverage is included in above premium - If coverage for Terrorism is not desired then premium is adjusted as follows: Premium: Excluding Terrorism: $34,830.00 Acceptance or Rejection of Terrorism Form must be signed upon binding e Sample Policy is attached " Z9Z "0/1"1<""3 10:17 5408987106 PMF PAGE 02 , .' LAW ENFORCEMENT UABILITY POLICY In consideration of lhe Premium charged and subject to alllerms and conditions of the poUcy: e 1. INSURING AGREEMENT The Company will pay on behalf of the Insured, subject to the deductible or self-insured retention herein, all sums which the Insured shall become legally obUgated to pay as damages as a result of claims made against the Insured by reason :;: Personal Injury SDEC\lv\EN 2) Bodily Injury I r 3) Property Damage caused by an Occurrence and arising out of the performance of the Insured's duties to provide Law Enforcement Activities as declared in the Polley, This insurance applies only to Personal Injury, Bodily Injury and/or Property Damage which occurs during lhe policy period. II. DEFENSE. SETTI.EMENT AND SUPPLEMENTARY PAYMENTS Subject to the Limit of Liability, the Company shall have the right and duty to defend any suit against the Insured seeking damages covered by this policy even if any of the allegations of the suit are groundless, false, or fraudulent, The Company may make such investigation and settlement of any claim or suit as it deems expedient. The Company shall not be obligated to pay any claim or judgement, or defend any suit, after the applicable limit of the Company's liability has been exhausted by payment of judgements, settlements, and claims expenses incurred in the defense of claims or suits, The Insured shall not, except at his own cost, make any payment, admit any liability, settle any claim, assume any a obligation, or incur any expense without the written consent of the Company. ., The Company will pay, subject to the deductible or self-insured retention herein and included within the limits of liability as slated in the declarations: I) all Claims Expenses incurred by the Company, all costs taxed against the Insured in any suit defended by the Company, all expenses and all interest on the amount of any judgement covered herein which accrues after entry of the judgement and before the Company has paid or rendered or deposited in court that part of the judgemeJJt which does not exceed the limit of the Company's liability; 2) premium on all appeal bonds required on any suit defended by the Company, premium on bonds to release attachments in any such suit for an amount not in excess of the applicable limit of liability of this policy. The Company shall have no obligation to apply for or furnish any such bonds; 3) reasnnable expenses incurred by the Insured at the Company's request in assisting the Company in the investigation or defense of any claim or suit, including attendance at hearings or trials, incurred by the Insured at the Company's request, 440131 /4-01) Page 1 of 9 e 233 ~~/l~/~~~~ 10:17 5408987105 PMF PAGE 03 e . ., . ,~ . ! . ... 1 , ' - - ~ ~'- Regardless of the number of (a) Insureds under this policy (b) persons or organizations who sustain damages payable under this policy or (c) suits brought or claims made on account of injury or dalJUlge, covered by this policy, the Company's liablllty Is limited as follows: 1) The limit of Iiabllity Slated in the Declarations as applicable to each Occurrence is the limit of the Company's liability for all loss ari.slng out of one Occurrence. 2) The limit ofliablllty scated In tbe Declarations as applicable to thl: "aggregate" is, SUbject to the above provision respecting "each Occurrence", the maximum limit of the Company's liability under the policy for all claims or occurrences covc:red under the policy. IV. EXCLUSIONS This policy does not apply: 1) To liability arising out of new claims, new plaintiffs or new or Subsequent injury or damage based on, or arising from acts, omissions, suits, claims, events, conditions or circumstances known or discovered by any Insured and/or rep9rted to other companies prior to the inception of this policy, e 2) To liability for any claim arising out of any acts, omissions, suits, claims, events, conditions or circumstances occurring prior to the effective date of this policy i there is other in.surance applicable or would have been appllcable except for the exllaustion of limits of rance if the Insured, at the inception date of this policy, knew, or could have reasonably foresee ts, omissions, suits, claitrul, events, con.ditions or circumstances might be eltpeC~ed to t claim or suit, To liability arising from all p . nees, losses or claims listed, if any, on the application for insurance or other information submitted Insured and made, by reference hereto, a part of this policy. 3) 4) To any obligation for which the Insured, or 8\1Y carrier as the insurer. may be held liable under any worker's compensation, unemployment compensation, disability benefits law or under any similat law including claims arising out of class action suits. S) To injury or damage sustained by any paid full time or part time or auxiliary or volunteer law enforcement officer of the Insured directly or indirectly related to his employment by the Insured or to any consequential injuries or damages sustained by any spouse, child, parent, brotJ;,er or sister of an employee, au"mary or volunteer as a consequence of any officer's injuries or damages as Slated above, 6) To liability arising out of the ownersbip, maintenance, operation, use, loading or unloading of aoy (a) Automobile, watercraft, or aircraft owned by or operated by or rented or loaned to the Insured; (b) or to any other Antomobile, watercraft or aircraft operated by any person in the course of bis employment by the Insured, 7) To liability assumed by the Insured under any contract or ag(eement, except mutual law enforcement assistance agreements or conl1:acts between political subdivisions. 8) To liability arising out of the performance of any act or service for anyone other than the Named Insured, This e exclusion shall not apply if the act or service arises as the result of a mutual law enforcement assistance 440131 (4-01) Page 2 of 9 . :-~ 294 9) _10) 14) IS) _16) e ~~/l~/~~~~ l~:ll 5408987106 PMF PAGE 04 agreement or contract between political subdivisions, not does it apply to any other activities specifically approved by the Named Insured. ' To liability arising out of the willful violation of any penal statute or ordinance committed by or with the knowledge or consent of any insured or claims arising out of acts of fraud committed by or at the direction of the Insured with affirmative dishonesty or actual intent to deceive or defraud. To Property Damage to: (a) Property owned, used or occupied by or rented to the Insured; (b) Property ill the care, custody or control of the Insured Or for which the Insured is for any purpose exercising physical control. Part (b) of tbis exclusion does not apply to property on persons at time of arrest, or to property seized or otherwise offiCially under the lawful control of the Insured wbile performing Law Enforcement Activities. 11) To liability arising from the use of or bandling by the Insured of any radioactive materials or any substance or device having hazardous radioactive properties. 12) To any actions, claims, suits or demands seeking relief or redress in any form other than money damages, nor shall the Company have any obligation to indemnify the Insured for any costs, fees or expense which the Insured shall become obligated to pay as a result of an adverse judgement for injunctive or declaratory relief. The Company will afford defense to the Insured for such actions, claims, suits Or demands, if not otherwise excluded. where compensatory damages are requested. . 13) To liability for claims against the Insured for acts of another officer or employee unless such officer, employee or volunteer is also insured for said acts in a policy of insurance issued by the Company, To any claim which is insured by another valid policy of insurance. To any claim which shall be deemed uninsurable wtder the law. To liability arising from the acts of any Insured while engaged in any form of health care or ambulance selYices, except for fue rendering of emergency medical treatment. 17) 18) 19) To claims arising out of any product, or pollution. To any claim that might arise out of war. To liability arising out of or resulling from real Or alleged acts of semal abuse, sexual harassment or licentious, inunoral or sexual behavior intended to lead to or culminating in any sexual act, whether caused by, or at the instigation of, Or at the direcllon of, or omission by the Insured, its employees or patrons. This insurance does not apply to or provide, defense of suits or claims, loss costs, supplementary payments, or claims and defense expenses arising from any of the above. 20) To any claim arising out of the activities of District Attorneys, Prosecuting, Commonwealth Or State Attorneys. Judges. Clerks of Court, Magistrates, Commissioners. Including their staffs, employee., or 440131 (4-01) Page 3 of 9 295 ~3/18/2003 10:17 5408987106 PMF PAGE 05 r contracted assistants, or anyone in like capacities, This ExcliJsion does not apply to Marshals employed by the Court. 21) To any claims arising out of: (a) refusal to employ; (b) termination of employment; (c) coercion, demotion, evaluation, reassignment, discipline, defamation, harassment, humiliation, discrimination or other employment-related practices, policies, acts Ot omissions; or (d) consequential bodily injury or personal injury as a result of (a) through (c) above. This Exclusion applies whether the insured may be held liable as an employer or in any other capacity and to any obligation to share damages with or to repay someone else who must pay damages because of the injury, 22) To Personal1njury, Bodily Injury or Property Damage arising directly or indirectly out of: (a) Any acrnal or alleged fallure, malfunction or inadequacy of: (1) any of the following, wbether belonging to any in....ured or to other: (a) computer hardware, including microprocessors; (b) computer application software; (c) computer operating system and related software; (d) computer networks; (e) microprocessors (computer chips) not part of any computer system; or (1) any other computerized or electronic equipment or components; or (2) any other products, and any services, data or functlons that directly or indirectly use or rely upon, in any manner, any of the items listed in paragraph (a) (1) of this endorsement; due to the inability to correctly recognize, process, distinguish, interpret or accept the year 2000 and beyond. (b) Any advice, consultation, design, evaluation, inspection, installation, maintenance, repair, replacement or supervision provided or done by you Qr for you to determine, rectify or test for, any potential or actual problems described in paragraph (a) of this endorsement, 440131 (4-01) Page 4 of 9 Z96 e e e ~..~ ~311812~~3 1~:17 5408987106 PMF PAGE ~5 v. DEFINITIONs Whenever used in this policy, the following words have these meanings: 1) Automobile - means a land motor vehicle, trailer or semi-trailer designed for travel on public roads, Bodily Injury - bodily injury, sickness or disease sustained by any person, including death at any time T"'lUlting therefrom. 2) _3) Claims Expense$ - means: (a) fees charged by an attorney designated by the Company; sud (b) all other fees, costs and expenses resulting from the investigation, adjustment, defense and appeal of a claim, if incurred by the Company; and; (c) fees charged by any attorney designated by the Insured with the written consent of the COIIlPany, 4) Insured - means: (a) (b) the Named Insured shown in Item 1 of the Declarations; ". I '. - . the Individual law enforcement officers Or other 'emPloyees of the Named Insured, but only for acts within the scope of their employment by the Named Insured; (c) unpaid volunteers while performing law enforcement functions for and at the request of tbe Named Insured; (d) the public entity or subdivision of which !he Named Insured is a part should such entity or subdivision be named in any claim or suit against the Named Insured; _ (e) (I) any elected or appointed officials for any Occurrence for which this policy provides coverage; the legal representative of any deceased person who was an Insured at the time of an Occurrence for which this policy provides coverage, but only with respect to their duties as such. 5) Named Insured - means the organization named in Item 1 of the Declarations and its law enforcement depal'llIlent. 6) Personal Injury. means: (a) Assault and battery; (b) Discrimination, unless insurance thereof is prohibited by law; (c) False arrest, detention or imprisonment, or malicious prosecution; (d) False or improper service of process; (e) Humiliation or mental distress; 440131 (4-01) Page 5 of 9 e 297 ~3/1H/2003 10:17 5408987106 PMF PAGE 87 e (f) The publication or utterance of a libel or slander or of oth.er defamatory or disparaging material, or a publication or utterance in violation of any individual's right to privacy; except publication or utterances in the course of or related to advertising, broadcasting or telecasting activities by or on behalf of the Named Insured; (g) Violation of civll rights protected undor 42 USC 1981 et. seq_ or any similar State Law; (h) Violation of property rights; (I) Wrongful entry, eviction or other invasion of the right of private occupancy, 7) Policy Territory - means the United States of America, its territories or possessions, or Canada, 8) .Property Damage - means (a) physical injury to or destruction of tangible property, including loss of use thereof at any time resulting therefrom, or (h) 10.. of use of tangible property which has not been physi.cally injured or destroyed. 9) Occurrence - means an accident or any actual or alleged act, error, omission, neglect or breach of duly by the Insured which results in il\iury or damage not expected nor intended by the Insured, except as respects the use of reasonable force to protect persons and property. 10) Law Enfor=ent Activities - means Law Enforcement Agency and Government actions directed toward the prevention and control of crime in the course of public olllployment. e 11) Public Employment - means employment of a law epforcement officer by the law enforcement agency shown in the declarations or other employment of a law enforcement nature authorized by the Named Insured, VI. CONDmONS 1) Premium - Unless othetwise stated in the DecIMations tb.e p.remium for this policy shall be based upon the number of employees of the Insured and shall be computed at the rate(s) set forth by the Company, The advance premium is based upon the estimated exposures for the policy period as stated in the Declarations. For the pwpose of determining the actual premium, the follOWing definitions will ""ply: (a) 'Class A Employees. - Officers who are armed and/or have arrest powers and deal directly with the public, including but not limited to the following: sheriff, deputy sheriff, chief, deputy chief, full-time personnel with regular street/road duties, detectives, investigators, personnel with rank of sergeant or higher and jail administrators. (b) "Class B Employees. - Officers without arrest power or who exercise limited power of arrest under the indirect supervision of a certified officer, including, but not limited to the following: jailers/matrons, court security, civil process officers, coroner, humane officers, crime prevention officers and parr-time auxiliary/reserve officers. (c) "Class C Employees. . Department personnel whose ordinary duties are oniy indirectly related to the enforcement of crimInal laws, inclUding, but nOllimited to the following: meter maids, school crOssing e 440131 (4-01) Page 6 of g .'.~ 298 ~,,',.. ~o/1~/~~~3 16:17 5408987106 PMF PAGE 08 guards, fingerprinting, license examination, stenographic personnel, photographic, unarmed part-time auxiHaryfreserve officers without arrest authority. (d) "Class D" - clerical personnel, communication/dispatcher personnel and jail cooks. Reserve, auxiliary or part-time officers. (e) "Class E" - Dogs and horses. e2) The final premium shall be based on the average number of all employees of the Named Insured in each class, during the policy period and shall be detennined as follows: (a) The Named Insured shall maintain records and report, within thirty clays after the end of the policy period, the highest number of full and part time employees specified by class on anyone day for each month this policy was in effect. (b) The average number of such employees shall be determined by diViding the sum of the number of such employees shown per month. by the number of monthly reports during the policy period. (c) If the earned premium as computed exceeds the advance premium paid, the Named Insured shall pay the excess to the Company; if less, the Company shall return to the Named Insured, the unearned portion paid by such Insured subject to the Company's retention of the minimum premium, if any, 3) Inspection and Audit - The Company shaH be permitted but not obligated to inspect the Named Insured's property and operations at any time. Neither the Company's right to make il1spectioos nor the making thereof nor allY report thereon shall constitute an underlllking on behalf of or for the benefit of the Named Insured or others to determine or warrant that such property Or operations are safe or healthful, or are in compliance with any law, rule or regulation, The Company may examine and audit the Named Insured's books and records at any time during the policy period and within three years after the final termination of this policy, as far as they relate 10 the subject matter of this insurance, e4) Policy Period - This policy appHes only to act:; committed or alleged to have been committed during the policy period stated in lhe Declarations, 5) Action Against Company - No action shan lie against the Company unless, as a condition precedent thereto, there shall have been full compliance with all of the terms of this policy and until the amount of the Insured's obligation to pay shall have been finally determined either by judgement against the Insured after actual trial or by written agreement of the Insure<;!, the cJaimaIlt and the Company. Any person or organization or the legal representative thereof who has secured such judgement or written agreement shall thereafter be entitled to recover under this policy to the extent of the insurance afforded by this policy, No person Or organization shall have any right under this policy to join the Company as a party to any action against the Insured to determine the Insured's liability, nor shall the Company be impleaded by the Insured or his legal representative, Bankruptcy or insolvency of the Insured or of the Insured's estate shall not relieve the Company of any of its obligations hereunder. 440131 (4-01) Page 7 of 9 e 299 83/18/2883 18:17 54889871 e6 PMF PAGE 09 e 6) Other Insurance - The insurance afforded by this policy is primary insurance, ellcept when stated to apply in ellcess of .or contingent upon the absence of ather insurance, When this Insurance is primary and the Insured has ather insurance which is stated ta be applicable to the lass on an excess or contingent basis, the amount .of the Company's llablllty under thJs pollcy shall Dot be reduced by the existence of such other insurance, When both this insurance and other insurance apply to the loss on the same basis, whether primary, excess or contingent, the Company shall not be liable under this policy for a greater proportian .of the lass than that Slated in the applicable contributian provision below, (a) Contribution by equal shares. If all of such other valid and collectible insurance provides far cantribution by equal shares, the Campany shall not be liable for a greater prop<>l"lion of such loss than would be payable if each insurer contributes an' equal share until the share of each insurer equals the lowest applicable limit .of liability under anyone policy or the full amount of the lass is paid, and with respect to any amount of loss not so paid the remaining insurers then continue to contribute equal shares .of the remaining amount of the Joss until each such Insured has paid its limit in full .or the full amount of the loss is paid, (b) Contribution by limits. If any of such other insurance does nat provide for contribution by equal shares, the Company shall nor be liable for a greater proportion of such Jo~. than the applicabJe limit of liability under this policy bears to the total applicable limit of liability of all valid and collectible in~urance against such los~. 7) Subragatian." In tlie event of any payment under this policy, the Company shall be subragated to alJ the Insured's a rights .of recovery therefor against any person Or organization and the Insured shall ellecure and deliver ,., instruments and papers and do whatever else is necessary to secure such rights. The Insured shaH do nothing after loss ta prejudice such rightS. 8) Changes - Notice of any agent or knowledge possessed by any agent .or by any other person shall not effect a waiver .or a change in any part .of this pollcy or stop the Company from asserting any right under the terms of this policy; Jssued to form a part of this policy, signed by a duly authorized representative of the Company. 9) Applicatian and Other Informatian . The application and other information submitted 1.0 the Campany in .order to place this insurance is deemed part of this palicy. The Company has issued this policy in reliance upon the application and other infarmation submitted, 10) Separation of Insureds - Except as respects limits .of liability, this insurance applies separately to each Insured against whom claim is made .or suit is brought. The inclusion of more than .one Insured under the palicy does not increase the limit ofIi.bility. J J) Cancellation - This policy may be cancelled by the Named Insured by the surrender thereof to the Company or any .of its authorized agents or by mailing to the Company written notice stating when thereafter the cancellation shall be effective. This policy may be cancelled by the Company by mailing to the Named Insured at the address shown in this policy written natice Stating when, not less than sixty (60) days thereafter, such cancellation shall be effective, The mailing .of notice as aforesaid shall be sufficient proof of notice. The effective date and hour of cancellatlon stated in the notice shall become the end of the policy period. Delivery .of such written notice either by the Named Insured or by the Company shall be equivalent to mailing, If the Named Insured or Company cancels the earned premium shall be computed in accordance with paragraph a one of the Canditions but in na event shaIl the Company ret.in less than 25 % of the Advance Premium as stated ,., on the Declarations. Premium adJusonent may be made either at the time cancellation is effected or as soon as practicable after canceIlatlan becomes effective, but payment Or tender of unearned premium is not a condition of can.cellation. If the Company cancels, the minimum premium will be subject to prorata adjustment. If the 440131 (4-01) Page 8 of 9 -..~ 300 e 12) e e ;.,'. 14) ~~/l~/L~~~ l~:ll 54089871 06 PMF PAGE 10 Insured cancels, the minimum premium will be subject to short rate adjustment. In the event that the Advance Premium is not paid in full within 30 days of the effective date, this policy may be cancelled by the Company by mailing ceUified mail. to the Named Insured, notice of cancellation for non- payment. If payment is not received within 10 days of the date of mailing, this policy is considered cancelled back to the inception date of the policy, Declarations. By acceptance of this poli.cy. the Named Insured agrees that the statements in the Declarations are his agreements and representations, that this policy is issued in reliance upon the truth of such representations. and that this policy embodies all agreements existing between the Insured and the Company or any of its agents relating to this insurance, 13) Premium Financing/Cancellation of Financed Policy (a) When a premium finance company notifies the Company th~t ~V~. advanced the premium on this policy, or for the Insured's account, the. C . l acknowledge receipt of the premium finance agreement to the finance co' its own form and will not vary, waive, alter or ex:end this policy. .... " . ''\.J When the Company otherwise becomes aware thatilie~Md financed all or pan of this policy's premium, regardless of whether or not the 'company receives a notice of premium financing, it will not be bound, as respects coverage we provide, by the terms of the Insured's finance agreement. This policy alone governs coverage. (b) (c) When the Insured signs a premium finance agreement, it is giving the premium finance company the right, under certain conditions, to cancel this policy on its behalf. When the Company receives notice of cancellation from the flrumce company, it will recognize termination of this insurance and will pay any return premium as directed by the premium finance company, The return premium will be calculated on a pro rata basis. The premium finance company will usually require that payment of any return premium be made directly to them and the Company will honor that request. If the termination date set by the premium finance company conflicts with other policy provisions or operation of law, the Company will comply with the policy provisions and/or applicable law. The Insured must resolve any resulting premium differences directiy with the finance company, (d) The twenty-five percent (25%) absolute minimum earned premium described above may not be financed as it is not returnable. Named Insured and Insuring Company Description Throughout this policy, as well as any coverage parts and endorsements attached hereto, the words "you", "your" or "Named Insured" refer to the Named Insured shown in the Declarations. The words "we", "us", "our". "the Company", "the Underwriter" or "Insurer" refer to the company providing this insurance. 440131 (4-01) Page 9 of 9 301 ~o/18/~~e3 10:17 5408987106 PMF PAGE 11 ENDORSEMENT Issued to: By: This Endorsement, effective forms a part of poncy a.m. standard time), SUPPLEMJi:N'rARY PAYMENTS AND CLAIMS EXPENSE IN ADDmON TO LIMITS OF LIABILITY It is agreed that any Supplementary Payments or claims expense provision of the policy is delcted and replaced by the following: SUDDlementarv Payments in Addition to the Limit of Liability Subject to the Self-Insured Retention or Deductible provisions of this polley, it is agreed that the Company will pay the following Supplementary Payments In addition to the limits of Liability of the policy: A, aU expenses incurred by the Company, all costs taxed against the Insured in any suit defended by the Company and all interest on the entire amount of any judgement therein which accrues after entry of the judgement and before the Company has paid or tendered or deposited in court that part of the judgement which does not exceed the limit of the Company's liability thereon; B. premlwns on appeal bonds required in any such suit, premiums on bonds to release attachments in any such suit for an amount not in excess of the applicable limit of liability of this policy; C, expenses incurred by the Insured for first aid to others at the time of an llCcident, for Bodily Injury to which this policy applles; D. reasonable expenses incurred by the Insured at the Company's request in assisting the Company in the investigation or defense of any claim or mit, including actual loss of earnings, E, all claims expenses, which shall mean all costs of investigation, adjustment and defense of claims, including court costs, interest on judgements, premiums on bonds and legal fees arising directly from claims covered by this policy (but excluding the expense of salmed employees of, counsel on retainer by and office expenses of the Insured and the Company) provided such claims e:<penses are incurred by or with the prior written permission of the Company, All other terms and conditions of this pallcy remain unchanged, 463231 (4-01) Page 1 of 1 302 e e e '*: \ \,1 Best's Ratmg for Royal Surplus Lines In."I' ance Company Pag.e \ n:' 1 01745 - Royal Surplus Lines Insurance Company e Member of Royal & Sun Alliance Insurance Group pic A.M. But it )\745 NAIC 1/.: 41807 View a list o_f group r)efTIber$ or the group's rating ~~ ,~;i~i1( ~. BEST> "ii;;;.~~_ A~ ;r;;;_',"'-"Y._ """..__ ::1i''''~ '''~~~;~\''.:::.:.:-~:_:-,~ Best's Rating A- (Excellent)" Fin.anf;i~I.$.jz~. GateaQiY VIII ($100 million to $250 million) 'RstlnglJ 8J of 03:1812003 10:42:19 AM E.S. T or purchase the complete Best's COmpanY Recort for in-depth analysis. Rating Calegory (Excellent): Assigned 10 companies 11- I: ha~e. in QUf opinion, an excellent abiUty to meet their onQoiMI obligatic~~ ...., poJlcyhol4efs Important Notice: Best's Ratings reflect our opinion based on a comprehensive quantitative and qualrtatlve evaluation of a company's balance :sheet :strength operating performance and busines:3 profile. These ratings are not a warranty of an insurer's current or futUlt-J ability to meet its contractual obligations. View our entire notice for a complete details. Compnnios interested in placing a Best'!i; Security Icon on Ih9ir web sitg to promote their financial !'>trenglh may regi~te:r.Qn.J(n~. Copyright@ 2003 by A,M~eest Company.Joe.I,LL RIGHTS RESeRVED No part olthis information may be di'5tributlld in any IlJllctrcnic for- 1r by any moans. or stored in. database cr relriAl/al system, without the prior wntten permission of the AM Best Company Refer to our Ie""'" of use for additioral details. e NOTE: Certain Companies under Royal and Sun Alliance Ins Group are in the process of being sold - Above rating is as of 3-19-03 Royal Surplus Lines Ins Company is the Paper on this Program reinsured by St Paul - London per Broker e 303 () p+i Olj :tt:2- e Commercial Insurance Proposal Calhoun County, Texas LAW ENFORCEMENT LIABILITY e INSURANCE Presented by: GSM INSURORS ROCKPORT, TEXAS THIS DOCUMENT SUMMARIZES THE PROPOSAL FOR YOUR INSURANCE. THIS IS NOT A CONTRACT. THE TERMS OF THE POLICY FORMS WILL CONTROL THE INSURANCE CONTRACT WITHOUT REGARD TO ANY STATEMENT MADE IN THIS PROPOSAL. e '~~ 304 e e e INSURANCE BID For the following types of coverage: Inceotion Date LA W ENFORCEMENT LIABILITY INSURANCE April 2, 2003 Coverage is to be the same as under existing policies' which may be reviewed in the County Auditor's Office, Calhoun County Courthouse Annex. (Policies must remain in the County Auditor's Office.) Detail cd specifications may be obtained from the County Auditor's Office upon request. All insurance applications are to be completed by the bidder. Bid amounts are to be inclusive of state taxes, fees and any other costs of the insurance policy. Rates quoted will be guaranteed for 12 months. Second and third years will be re-negotiated with same carrier. .. Exceptions: I, Retroactive coverage is to be included for the period 4/2/92 to 4/2/93. 2. Coverage for non-monetary damages is to be included. '," ....- ~~'... . BID AMOUNT 34Year Premium Annual 43,441,65 - $ N/A LAW ENFORCEMENT LIABILITY INSURANCE NAME: GSMINSURORS POBOX 1478 ADDRESS: CITY, STATE,ZIP: ROCKPORT, TX 78381-1478 PHONE NUMBER: 361-729-5414 AUTHORlZED SIGNATURE: TITLE PRESIDENT OPTION #2 COMPANY: UNITED NATIONAL INSURANCE COMPANY (Expiring Carrier) A+ IX Best Rated as of 3-19-03 .. Above Premium is Excluding Terrorism See Proposal 305 e COMPANY: United National Insurance Company A M Best Rating: A + IX as of 3-19-03 Coverage: Law Enforcement Professional Liability Limits: $1,000,000 Each Person $1,000,000 Each Occurrence $2,000,000 Annual Aggregate Deductible: $10,000. per claim including Loss Adjustment Expense Conditions: Occurrence Form - Defense Cost in addition to Limit of Liability - Removal of Punitive/Exemplary Damage Exclusion, War Exclusion, Asbestos Exclusion, Lead Exclusion, Indoor Air Quality/Mold Exclusion - No Retro Coverage - No Flat Cancellation - No Backdating of Coverage - 25% MEP Company requires 25% of Premium to Bind - Balance due to Company in 15 days _I PREMIUM: $50,569.05 Note: Terrorism Coverage is included in above premium -If coverage for Terrorism is not desired then premium is adjusted as follows: Premium: Excluding Terrorism: $43,441.65 Acceptance or Rejection of Terrorism Form must be signed upon binding e Policy Form is same as expiring Policy # LPL 0000523 306 e e e ',1, NAME OF PROPOSED INSURED: Calhoun County Sheriffs Office TX Police Professional Liabilitv Program Admin/strator: Insurer: Carrier Status: Best Rating; Proflilssional Govemmental Underwriters, Inc. United National Insurance Company Surplus Lines A + "X ~'A'llE.'''\ol:'-'~~'I:.'.'~'.s:':''-~'''I..:r'=''lC.''S''I..lIl ..'IlI:iI.S.....'.a.r... ..~._.- -~~ -.... :- --"Q~'-':1 T ,~->o;t-g"'l:.'l:Y::~ l( Below;s. ganerir.; 141 of progaJm covenr~ feltum. CQTfwlt UI1de."JM'fLD"fordfl/aj)~ of adr1aJ eovoragQ Qff(m~d fQ fltfs gccrwnt Cc:l~Qe i$ dictated by fQrm Hie ~~L-C1 (T/'I~3). "Occurrence "Consent to Sellle "Defense Cost in addition to limits 'Pay on Behalf "Coverage written on primary basis 'Punitive Damages not excluded (where allowable by law) "Civil Rights Violations "USe Section 1981 at seq. "Limits up to $0,000,000 available to qualified appUcan\$ "False arrastldetantion/imprisanment "Malicious prosecution 'Wrongful entry/aviclionlinvasion *Den~loroccupancy "Libel/slander 'Erroneous Service of Process "Humiliation or mental Anguish "Discrimination " AssaulUBattery "Moonlighting - DepartmentallY approved activities "Approved Mvtval Assi$fance Agreements "Hot Pursuit "Suit Includes ADR 'Us.. of Force .aIJl'.. -t;. -...J;.... .I:lo::.tI'.QIP"""~.QlJ:l'"l:7'O'J:l"--~~---~tr-_'M'_'___-'-'.'-''''''''~''''''''''_.-'~''''''Qi'-'......-.- _~no~............. Thi. Hr ~ Ii~ 0' _oJMiIod co~_;' feawrIl!!t. "s" poI1t:y (om., HIC-P1'1--C1 (11113) MId <lPPOP2b1a endar$4:(T1fU1t$ for tGm'lll. ~hdmOflS. lfnd passibf8 reSJrtdlcns 307 A.M. llest's Rating tor Umted NatlOnallnsurance Company Page 1 ot 1 03128 - United National Insurance Company Member of United National Group A.M. Best'll: 03128 NAIC 'II: 13064 View a list of arouo members or the arouo's ratina Best's Rating A+ (Superior)' Financial Size CateQory IX ($250 million to $500 million) e .Ratlngs as of 03/181200310:42:19 AM E.S. T. or purchase the complete Best's Cornnanv Rep~oct for in-depth analysis. Rating Category (Superior): Assigned to companies that have. in our opinion, a superior ability to meet their ongoing obligations to policyholders. Important Notice: Best's Ratings reflect our opinion based on a comprehensive quantitative and qualitative evaluation of a company's balance sheet strength, operating performance and business profile. These ratings are not a warranty of an insurer's current or future ability to meet its contractual obligations, View our entire notice for a complete details. Companies interested in placing a Best's Security Icon on their web site to promote their financial strength may reoister online. Copyright@ 2003 by A.M. Best Comoanv.lnc. ALL RIGHTS RESERVED No part of this information may be distributed in any electronic form or by any means, or stored in a database or retrieval system, without the prior written permission of the A.M. Best Company. Retarta our terms of use for additional details. BIDS AND PRPOSALS - COUNTY DEPOSITORY AND TRUST FUND DEPOSITORY e A Motion was made by Commissioner Balajka and seconded by Commissioner Galvan to authorize the County Auditor to advertise for bids for County Depository and Trust Fund Depository. Commissioners Galvan, Balajka, Floyd and Judge Pfeifer all voted in favor. (Commissioner Finster was absent from the room when this voted was taken.) LASALLE ODYSSEY AT CALHOUN COUNTY MUSEUM - ACCEPT GRANTS A Motion was made by Commissioner Balajka and seconded by Commissioner Galvan to accept the following grants to the Calhoun County Museum for the LaSalle Odyssey. Commissioners Galvan, Balajka, Floyd, Finster and Judge Pfeifer all voted in favor. G,.:L.Au.1. a'1I~-OOI-4ftc(.5'- 1.0;;3 TEXAS SETT1.EMENT REalON POllOXl132 VICTOfUo\TEXAS77902.\l32 lHll 1157 Dat..MnM.l, If ?JXf"S a-ZWlIll ~~~~h ~ M 00 Orderof 1 al..(y\ '''''*', u:S-e.Llvv'\ 1$ 18,37S.- ~".c~^"Ih",,",,-n,"-e -!-Iv",","""" c'''''''-i.;h~ ~ ==: ~~~IBank . _Vi"",.... T...... 17\lll1 --+k,.,,--. ~~ For - I: ~ ~:1 .0 2552': e G:"k,.A-d Jt:- J..llt,,-MI -Lf~o~l - (,J3 TEXAS SETTLEMENT REGION POBOX '132 V!<:TQRlATEXASl7902-11:n 1'-<11 1156 Date Nla.vr.t-. It 7.W3 __tii611,ll 308 l'>o,"'th. C. h r: WI Ordero' 0..[ {l2.A.V'I nun+'1 lASt"l.lV'V'l ~")uK'kp",-n,OLA<:.n......i. ~i~ ~...nr!I-.,....I.. :\';i-4r r~~IBank -::J~"';.l~~+(JV," For~':'<lk"" t=;......."'..; -2Q.:>2.. ~ 'n,h-aJ4f--....!!': ,.'1:1 In J<':l: J." ..n In] r1i." ..,n, ,,0 l:r I $ I~,"boe Dollars ~~-::: ISSUE PROCLAMATION FOR 2003 NATIONAL CRIME VICTIMS' RIGHTS WEEK AND PLANT TREE AT ANNEX A Motion was made by Commissioner Balajka and seconded by Commissioner Floyd to issue a Proclamation for 2003 National Crime Victims' Rights Week and to plant a tree at the Courthouse Annex on Saturday, April 12, 2003. Commissioners Galvan, Balajka, Floyd, Finster and Judge Pfeifer all voted in favor. e , (9f1iad 9'~ W~, crime and the threat of violence have profound and devastating effects on individuals, families and communities in America; and over 24 million people in the United States are touched by crime each year; and W~, the threat and reality of terrorism have challenged all Americans to realize the devastating consequences of violent crime, and their important roles in providing support to individuals and communities who are victimized; and e W~, crime in America results in significant physical, psychological, financial and spiritual effects on countless innocent victims; and crime victims in every state, U,S. territories and Federal jurisdictions have statutory rights to be kept informed of and involved in criminal and juvenile justice processes, and to be afforded protection, restitution and accountability from their offenders; and W~, there are over 10,000 community and system-based victim service programs across our nation that provide a wide range of services and support to victims of crime; and in 2003, the Office for Victims of Crime within the U.S. Department of Justice commemorates 20 years of providing leadership to ensure that crime victims are treated with dignity and compassion; and W~, America as a nation continues to face threats to our personal and public safety, and continues to commit its collective energies to help our fellow citizens who are hurt by crime; g~, De it """oluM, that I, Calhoun County Judge, Michael J. Pfeifer, do hereby proclaim the week of April 6 to 12,2003 to be Calhoun County Crime Victims' Week, and honor crime victims and those who serve them during this week and throughout the year; and be it further :iWJoluM, that we continue to fulfill the promise of justice and compassion for crime victims as individuals, as communities, and as a nation dedicated to justice for all. In WiiM<>. W~ , I have hereunto set my hand this 12th day of April, 2002. e Michael 1. Pfeifer Calhoun County Judge .309 ACCEPT INSURNACE SETrLRMHNT ON WRE~KJm 1999 SHERIFF'S DEPARnmNT VEHICLE A Mo~io~ was made by Commissioner Balajka and seconded by Commlssloner Floyd to accept the insurance settlement in the amount of $10,693.63 on an accident claim for a wrecked 19~9 Ford Crown Victoria Sheriff's Department car and a~thorlze th~ County Judge to sign the insurance forms rela~lng to CIOS1~g this claim. Commissioners Galvan, Bala]ka, Floyd, Flnster and Judge Pfeifer all voted in favor. e ...4- L.::: Form VTFl.-271 (Rev, ;1IZOOO) DHTtl1~~ POWER OF ATIORNEY TO TRANSFER MOTOR VEHICLE TYPE OR PRINT IN INK This Is to certify thall, eM hO\JVI \pnrlllorTypeNamej C OV>'\-h.j 01 the county of and the stat.e, of Te.as, owner of the allowing described motor vehicle, do make, constitute and appoint MIlS of the county of and the state 01 Texas. my true and lawful attorney, for me and in my name, place and stead to sen, transfer and assign the motor vehicle described as follows: Ucel),leP\i1teM.lIT'IC'H "" OW"'- Vic-tu."-:CA- D I""""'" Yo", e Giving and gran~ng unto my said attorney full power and authority to do and perlorm all and every act requisite and necessary 10 tra.nsfer and assign the legal title to said motor vehicle to anyone whomsoever as may be designated by my said attorney. NOTE: This tonn must be properly completed before It Is an acceptable document. The power of attorney can not be the selling or buy;ng dealer of the v9hlcle disclosed therein, unless the year model is ten (10) model years old or older, the tonnage exceeds two (2) tons, or the vehicle 1~ not self-propelled. I further certify that the current odometer readir19 is miles and to the best of (n<l\Dnlhs) my knowledge the Odometer reading is the ACTUAL mileage of the vehicle unless one of the following statements is checked: 0 1. The mileage stated is in EXCESS of its mechanical1imits o 2. The odometer reading is NOTll1e actual mileage. WARNING-ODOMETER DISCREPANCY. c'M hOv~ COU(\~I (Print or Type) County Judge Slate 77979 ZilJCo<:Ie 211 South Ann Street #304 AddrO$S ~ 27 March 2003 ... Port Lavaca City Texas 361 553-4600 Area COde Oay11me Telephone Number e WARNING: TRANSPORTATION CODE, ~ 501.155, PROVIDES THAT FA~SIFYtNG INFORMATION ON ANY REQUIREO STATEMEIiT OR APPUCATlON IS A THIRlHlEGREE fELONY. TEXAS DEPARTMENT OF TRANSPORTATION VEHICLE nTLES AND REGISTRAllDN DIVISION AUSTIN TEXAS 76n9-0001 n_ t..1..~.. 31.0 \.. e 311 INVOICE FOR 2002 FIRE SERVICES FROM CITY OF PORT LAVACA Judge Pfeifer stated City Manager Gary Broz presented an invoice for fire services for year 2002 in the amount of $100,000. He said there was no contract on this, only a verbal agreement. Commissioner Floyd stated they went by the budget and allowed $100,000 for this. Commissioner Finster mentioned there being a time limit for accepting bills. Judge Pfeifer said services for 2003 are paid. County Auditor Ben Comiskey said a budget adjustment is required for payment of the invoice. e A Motion was made by Commissioner Galvan to pay the City of Port Lavaca for fire services for 2002 in the amount of $100,000. The Motion died for lack of a second. Commissioner Galvan stated Mr. Broz said he had brought the bill to the County Judge three or four times last year. Judge Pfeifer said he was not here at that time but this seems to be in the budget. This matter was passed to a later date. Judge Pfeifer and Commissioner Galvan will speak to Mr. Broz regarding this invoice. INVOICE NO: 022012 e BILL TO: Calhoun County 211 S. Ann Port Lavaca, TX 77979 Attn: County Treasurer To invoice Calhoun County per Interlocal Agreement. Calhoun County portion of Fire Protection provided by Port Lavaca Fire Department for fIre protection outside City limits January I, 2002 to December31, 2002 $]00.000.00 TOTAL THIS INVOICE $100,000.00 Pay to: CITY OF PORT LA V ACA P.O. BOX 105 PORT LA V ACA, TX 77979 ATTN:mNANCEDEPARTMENT e THANK YOU! 31.2 e SWAN POINT BOAT RAMP AND EROSION RENOVATION PROJECT - CHANGE ORDER A Motion was made by Commissioner Finster and seconded by Commissioner Floyd to approve the Change Order from Lester Contracting, Inc. for Swan Point Boat Ramp and Erosion Renovation Project (pay the $300 invoice). Commissioners Galvan, Balajka, Floyd, Finster and Judge Pfeifer all voted in favor. SWAN POINT BOAT RAMP AND EROSION RENOVATION PROJECT - ACCEPT THE CONTRACT AS COMPLETE AND RELEASE RETAINAGE FEE A Motion was made by Commissioner Finster and seconded by Commissioner Floyd to accept the Swan Piont Boat Ramp and Erosion Project contract as complete and to release the retainage fee to Lester Contracting, Inc. Commissioners Galvan, Balajka, Floyd, Finster and Jude Pfeifer all voted in favor. COUNTY TREASURER - COUNTY TAX ASSESSOR-COLLECTOR - DISTRICT CJ,ERK - JP #2 - JP #3 - JP #5 - REPORTS The County Tax Assessor-Collector, District Clerk, and JP #2, JP #3 and JP #5 presented their monthly reports for February, 2003 and the County Treasurer, her Annual Report for 2002. After reading and verifying same, a Motion was made by Commissioner Balajka and seconded by Commissioner Finster that said reports be accepted as presented. Commissioners Galvan, Balajka, Floyd, Finster and Judge Pfeifer all voted in favor. ACCOUNTS ALLOWED - INVOICE OF GSM INSURORS e A Motion was made by Commissioner Finster and seconded by Commissioner Balajka to approve the GSM Insurors invoice in the amount of $34,830 for Law Enforcement Liability Insurance as a separate item. CommisBioners Galvan, Balajka, Floyd, Finster and Judge Pfeifer all voted in favor. GENERAL DISCUSSION - PURCHASE AUTOMOBILE FOR SHERIFF' S DEPARTMENT Sheriff Browning said a $10,693 insurance claim payment has been received but $13,000 is needed to purchase a 24,900 automobile ~or the department. County Auditor Ben Com~skey stated th~s could be done at the next meeting. BUDGET ADJUSTMENTS - VARIOUS DEPARTMENTS - DISTRICT CLERK - MOLD REM~DIATION CAPITAL PROJECT A Motion was made by Commissioner Finster and seconded by Commissioner Balajka that the following Budget Adjustments be approved as presented. Commissioners Galvan, Balajka, Floyd, Finster and Judge Pfeifer all voted in favor. e 313 BUDGET AMENDMENT REQUEST 1000-110-S1700 1000-110-S3020 1000-180-53020 1000-180-61310 1000-180-64880 1000-760-53992 1000.760-53210 1000-760-66498 1000-760-53020 1000-210-54020 1000.210-66310 1OO0-410-600S0 1000-410-70500 1000-410-53020 1000-410-63380 1000-500.63070 1000-500-63073 1000-500-63380 1000-430-60050 1000-430-63380 1000-710-519S0 1000-710-53020 Ace UNT NAME DEPARTMENT NAME EXTENS/ON SERVICE MEAL ALLOWANCE GENERAL OFFICE SUPPLIES JAIL GENERAL OFFICE SUPPLIES COPIER RENTALS PRISONER LOOGING-OUT OF COUNTY SHERIFF SUPPLIES-MISCELLANEOUS MACHINERY PARTS/SUPPLIES TRAVEL OUT OF COUNTY GENERAL OFFICE SUPPLIES COUNTY TREASURER OUES TRAINING REGISTRATION FEESITRAVEL COUNTY COURT-AT-LAW AOVLT ASSIGNED-ATTORNEY FEES BOOKS-LAW GENERAL OFFICE SUPPLIES LEGAL SERVICES-COURT APPOINTED JUVENILE COURT JUVENILE ASSIGNED-ATTORNEY FEES JUVENILE ASSIGNED-DTHER LITIGATION EXPE LEGAL SERVICES-COURT APPOINTEO DISTRICT COURT ADULT ASSIGNED-ATTORNEY FEES LEGAL SERVICES-COURT APPOINTED FLOOD PLAIN ADMINISTRA TlON FEDERAUST ATE UNEMPLOYMENT GENERAL OFFICE SUPPLIES Total for GENERAL FUND 21 LINE ITEM TRANSFER (21) 1,000 LINE ITEM TRANSFER 1,500 (2,500) 484 LINE ITEM TRANSFER 92 9 (585) 150 LINE ITEM TRANSFER (150) APPROV 705 LINE ITEM TRANSFER 127 (127) (705) MAR 2 7 2003 476 LINE ITEM TRANSFER 20 (496) 1,866 LINE ITEM TRANSFER (1,866) 5 LINE ITEM TRANSFER (S) o 314 . De e ~'\" e e e 3-211-203 9,4SAM FRCt-l CAl-l-IClU\I CO. AUDITOR:361 553 4614 P.I o 8UDGeTAMENDMENTREQUEST 54:~~ APPROVED MAR 2 7 2003 -----r~ 7r ( G~ Ig 39\7d >l<Gl::> 1510 D:) lIIJ 8E9PE..19E EZ:Zl ESgZ/gZ/ES 315 BUDGET AMENDMENT REQUEST -3 31.6 TO: CALHOUN COUNTY COMMISSIONERS' COURT FROM: CAPITAL PROJECT -MOLD REMEDIATION DATE: 3126/03 BUDGET FOR THE YEAR: 2003 NET CHANGE IN TOTAL BUDGET o .- o APPROVED . --.---- MAR, 2; 2003 e e e r-- '!'"4 C"j CALHOUN COUNTY, TEXAS ~ P0-~Q/,) (~lt- +- Unposted Budget Transactions - EXPEND.ADJUSTMENTS FOR 3/27/03 BUD286. BUDGET ADJUSTMENTS FOR 3/27/03 0 j:::~rMS) Fund Effective Code Date Fund TitJe Transaction Description DeptTitIe Gl Title Increase Decrease 1000 3/:m2oo3 GENERAL FUND LINE ITEM TRANSFER EXTENSION SERVICE MEAL ALLOWANCE 21.00 1000 3/2712003 GENERAL FUND LINE ITEM TRANSFER EXTENSION SERVICE GENERAL OFFICE SUPPLIES 21.00 1000 312712003 GENERAL FUND UNE ITEM TRANSFER JAIL OPERA nONS GENERAL OFFICE SUPPLIES 1,000.00 1000 3/:m2oo3 GENERAL FUND UNE ITEM TRANSFER JAIL OPERATIONS COPIER RENT Al.S 1,500.00 1000 3/2712003 GENERAL FUND LINE ITEM TRANSFER JAIL OPERATIONS PRISONER LODGING-OUT 2,500.00 OF COUNTY 1000 3/27/2003 GENERAL FUND LINE ITEM TRANSFER COUNTY TREASURER DUEs 150.00 1000 3/2712003 GENERAL FUND LINE ITEM TRANSFER COUNTY TREASURER TRAINING REGISTRA nON 150.00 FEESrrRA VEL 1000 3/2712003 GENERAL FUND LINE ITEM TRANSFER COUNTY COURT-AT-LAW GENERAL OFFICE SUPPLIES 127.00 1000 3/2712003 GENERAL FUNO LINE ITEM TRANSFER COUNTYCOUR~A~LAW ADULT 705.00 ASSIGNED-A TIORNEY FEES 1000 312712003 GENERAL FUND LINE ITEM TRANSFER COUNTYCOUR~A~LAW LEGAL SERVICES-COURT 705.00 APPOINTED 1000 312712003 GENERAL FUND UNE ITEM TRANSFER COUNTY COURT-AT-LAW BOOKS-LAW 127.00 1000 3/2712003 GENERAL FUND ANNUAL COMPUTER DISTRICT CLERK GENERAL OFFICE SUPPLIES 1,300.00 MAINTENANCE 1000 3127/2003 GENERAL FUNO ANNUAL COMPUTER DISTRICT CLERK MACHINE MAINTENANCE 1,300.00 MAINTENANCE 1000 3/27/2003 GENERAL FUND LINE ITEM TRANSFER DISTRICT COURT ADULT 1,866.00 ASSIGNED-A TIORNEY FEES 1000 312712003 GENERAL FUNO LINE ITEM TRANSFER DISTRICT COURT LEGAL SERVICES-COURT 1,866.00 APPOINTED 1000 3127/2003 GENERAL FUND LINE ITEM TRANSFER JLNENILE COURT JUVENILE 476.00 ASSIGNED-ATIORNEY FEES 1000 3/2712003 GENERAL FUND UNE ITEM TRANSFER JUVENILE COURT JUVENILE 20.00 ASSIGNED.OTHER UTIGA nON EXPEN 1000 3/27/2003 GENERALFUNO LINE ITEM TRANSFER JUVENILE COURT LEGAL SERVICES-COURT 496.00 APPOINTED 1000 312712003 GENERAL FUNO LINE ITEM TRANSFER FLOOD PlAIN FEDERAUSTA TE 5.00 ADMINISTRA nON UNEMPLOYMENT 1000 3/27/2003 GENERAL FUNO LINE ITEM TRANSFER FLOOD PLAIN GENERAL OFFICE SUPPLIES 5.00 ADMINISlRA TION 1000 3/27/2003 GENERAL FUND LINE ITEM TRANSFER SHERIFF GENERAL OFFICE SUPPLIES 585.00 1000 312712003 GENERAL FUND LINE ITEM TRANSFER SHERIFF MACHINERY 92.00 PARTS/SUPPLIES 1000 3/27/2003 GENERAL FUND LINE ITEM TRANSFER SHERIFF SUPPLIES-MISCELLANEOUS 484.00 1000 3/27/2003 GENERAL FUND lINE ITEM TRANSFER SHERIFF TRAVEL OUT OF COUNTY 9.00 Total GENERAL FUND 7,755.00 7,755.00 1000 e Dalo::JI2610302AO:09PM e e CALHOUN COUNTY, T&XA.S Unpoolo;l B~dlCl TrI:nneliOlU - EXl'END.ADJUSlMENTs FOR 3127103 BUD286. BUDGET AD1USThfENTS FOR 3/271OJ F""d l!tl'o::ti~ Code ~ FlmdTItk T_c{JqDesctipti<m GLTjde m. m_ DeptTitk JIl7nOO3 CAPITALPROJEC'IMOLD REMEDIATION li27!200J CAPrrALPR01ECn.lOLD """"'noN LlNEfID,{TRANSFER NO DEP ^RTMENT MOLDREMEDIATlON '210 LlNEfID,{TIU.NSFER tlODE?ARThfENT mEPHONE SERVICES I,OOO,ao ,~, 51," CAPrrALPRCl.JEC"1MOLD iU!MEDlATION 1.000.00 -,- 8,755.00 o-JI1M301_~ VINrRI\M' J. WEBER HELD IN REGARD BY THE COURT Commissioner Finster stated Vincent J Weber, who was accidently killed this morning, had been a good friend to the whole County for many years. ACCOTlN'l'S ALLOWED - COUNTY Claims totaling $43,744.27 were presented by the County Treasurer, and after reading and verifying same, a Motion was made by Commissioner Finster and seconded by Commissioner Galvan that said claims be approved for payment as presented. Commissioners Galvan, Balajka, Floyd, Finster and Judge Pfeifer all voted in favor. ACCOUNT!': ALLOWED - HOSPITAL INDIGENT HEAr.THCARR Claims totaling $94,309.26 for Hospital Indigent Healthcare were presented by the County Treasurer, and after reading and verifying same, a Motion was made by Commissioner Finster and seconded by Commissioner Galvan that said claims be approved for payment as presented. Commissioners Galvan, Balajka, Floyd, Finster and Judge Pfeifer all voted in favor. ACCOIlNT!': ALLOWED - HOSPITAL Claims totaling $1,548,232.24 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 as presented. THE COURT ADJOURNED AT 11:25 A.M. 31.8 """"" 1,000.00 e 1,00(1-00 8,755.00 ...., e e