2003-02-13
SPECIAL FEBRUARY
HELD FEBRUARY 12, 2003
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THE STATE OF TEXAS !i
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COUNTY OF CALHOUN !i
BE IT REMEMBERED, that on this the 12th day of February,
A.D., 2003 there was begun and holden at the Fairgrounds
Bauer Exhibit Building located on Farm Road 101 in the
City of Port Lavaca, said County and State, at 9:00
A.M., a Special Term of the Commissioners' Court, within
said County and State, and there were present on this date
the following members of the Court, to-wit:
Michael Pfeifer
Roger C. Galvan
Michael J. Balajka
H. Floyd
Kenneth W. Finster
Anita Fricke
County Judge
Commissioner,Pct.l
Commissioner,Pct.2
Commissioner,Pct.3
Commissioner,Pct.4
County Clerk
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Thereupon the following proceedings were had:
Commissioner Galvan gave the Invocation and Commissioner
Finster led the Plege of Allegiance.
CALHOUN COUNTY EMPLOYEE POSITION AND SALARY STUDY - REPORT
FROM RAY ASSOCIATES. INC.
Commissioner Floyd recapped the recent activity regard1ng
the job descriptlon and salary study which was performed
by Ray Associats, Inc. for all Calhoun County full-time
employees.
Kathryn Ray with Ray Associates, Inc. reiterated what was
done by Ray Associates, Inc., what they found and their
recommendations concerning the study.
Marcy Warzecha with the Sheriff's Department asked what
the market data was for a dispatcher. Ms. Ray replied,
$20,964 median with a low of $19,732 and a high of $21,600
for both the 911 and regular dispatchers. She had no
report on certification pay. Marcy asked if dispatchers
were used as benchmark jobs. Ms. Ray explained how the
market data and job data were used and scored.
Kathryn Ray stated Calhoun County required adjustments on
the salary of only 44 of the 140 employes to bring the
salary up to the appropriate entry level for the range.
Dan Heard, District Attorney, said the entry level shown
in the survey ought to be paid for someone just starting
out and asked if the average of all Calhoun County
employees' salaries comes to 3% above what beginners would
be. Ms. Ray said it is 3% above the entry level. Mr.
Heard asked what time is involved in "entry level." Ms.
Ray said the Commissioners Court will take up whether to
pursue a performance elvauation system and performance
based pay. If someone is merely doing their job, they
mi<;rht stay "entry level" for years. If an employee is
dOlng a good job, they ought to move on through and after
five years, should be at mid-point and then proceed to the
top level (salary). She went on to discuss the performance
system which would have to be a policy system decided by
the Court. Henry Barber, with Emergency Medical Services,
felt the salary spread should be based on performance;
EMS has a performance review system in place. Cindy Rains
with Juvenlle Probation, remarked on the performance
system.
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REGULAR FEBRUARY TERM
HELD FEBRUARY 13, 2003
THE STATE OF TEXAS !i
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COUNTY OF CALHOUN !i
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BE IT REMEMBERED, that on this the 13th day of February,
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:
Michael J. Pfeifer
Roger C. Galvan
Michael J. Balajka
H. Floyd
Kenneth W. Finster
Shirley Foester
County Judge
Commissioner,Pct.l
Commissioner,Pct.2
Commissioner,Pct.3
Commissioner,Pct.4
Deputy County Clerk
Thereupon the following proceedings were had:
Commissioner Galvan gave the Invocation and Commissioner
Finster led the Pledge of Allegiance.
APPROVAL OF MINUTES
A Motion was made by Cornnissioner Baljaka and seconded by
Commissioner Floyd that the minutes of January 23, 2003
meeting be approved as presented. Commissioners Galvan,
Balajka, Floyd, Finster and Judge Pfeifer all voted in
favor.
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Michael J. Pfeifer
County Judge
H. Floyd
Commissioner, Pet. 3
Roger C. Galvan
Commissioner, Pet. 1 .
Kenneth W. Finster
Co=issioner, Pet. 4
Michael J. Balajka
Commissioner, Pet. 2
Shirley Foester
Deputy County Clerk
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BIDS AND PROPOSALS - FUEL BIDS
The following fuel bids, which were opened March 6 2003
by Lesa Casy and Alene Hainey, for the period begi~ing
March 16, ~003 and ending April 15, 2003, were read by the
County Aud~tor. After reviewing said bids a Motion was
made by Commissioner Balajka and seconded by Commissioner
Galvan to accept the bid of Mauritz & Couey for the
automated. card system fuel and Diebel Oil Company for fuel
to be del~vered as the low bidders. Commissioners Galvan
Balajka, Floyd, Finster and Judge Pfeifer all voted in '
favor.
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CALHOUN COUNTY AUDITORS OFFICE
BIDSIPROPOSALS FOR Lard '-~ 5 ie....rn
DATE OPENED 3/l(;/D3
TIME OPENED \O'.OOAI'"YJ
PRESENT AT THE OrENING---.aI~ (\e.. I L es Q.,
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Following is a list of BidslI'roposals opened and bid amounts, if appropriate.
Ridder/PrODoser
1. (Ylau..r; +2. Q. CDuet1 lmW~d_
2. PrrrYlu.iM
3. Df e.,S~1
4.
5.
6.
7.
8.
BIDS/PROPOSALS WERE
REFERREDTO ~()
SIGNATURE r/!d r,(') f"\1? (1
This form on was faxed to the followinl;:
Date:
Amount
],~o
1,30
l.2-1
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Michael Pfeifer, County Judge
Roger Galvan, Commissioner Pet. #1
Michael Balajka Commissioner Pet. #2
H. Floyd, Commissioner Pet. #3
Kenneth Finste,' Commissioner Pet. #4
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CALHOUN COUNTY AUDITORS OFFICE
BIDS/PROPOSALS FOR--'teJI ue r, I
DATE OPENED 3) ~J03 J
TlMEOPENED 10loOAVYI
PRESENT AT THE OPENING IJ-/~ ~ / Lu Cu
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Following is a list of Bids/Proposals opened and bid amounts, if appropriate.
Biddcr/PrODoser
1. D r W-e.J
wI! -eG..C l.eJ
P r e.m i l.{ ('r')
b \ 'QS~.J
2.
3.
4..!D1Ln- d- 2. q. tou €.Lj
5.
6.
7.
8.
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BIDS/PROPOSALS WER:':~
REFERREDTO _____ __~
SIGNATURE ~ Go-a I d--
This form on was faxed to tbe following:
l>Alt
AmOllnc
/. I~
I. Jo+
/, /4-
I.~O
/,30
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Michael Pfeifer, County Judgc
Roger Galvan, Commissioner Pet. #1
Michael Balajka Commissioner Pet. #2
H. Floyd, Commissioner Pet. #3
Kenneth Finster Commissioner Pet. #4
LOCAL OPTION PERCENTAGE HOMESTEAD EXEMPTION FOR TAX YEAR
~
A Motion was made by Commissioner Finster and seconded by
Commissioner Balajka to adopt the Resolution for Local
Option Percentage Homestead Exemption for Tax Year 2003.
Commissioners Galvan, Balajka, Floyd, Finster and Judge
Marshall all voted in favor.
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RESOLUTION AUTHORIZING
HOMESTEAD EXEMPTION OF TWENTY PERCENT
WHEREAS, the Calhoun County Commissioners' Court has the authority to grant an
additional homestead exemption pursuant to Section 11.13(n) of the State
Property Tax Code; and
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WHEREAS, the Calhoun County Commissioners' Court desires to grant an additional
homestead exemption to all qualified homeowners.
NOW, THEREFORE, LET IT BE RESOLVED that the Calhoun County
Commissioners' Court does hereby grant an additional homestead
exemption of twenty percent (20%) of market value and in no case less
than five thousand ($5,000.00) to be effective for the 2003 tax roll on all
homesteads qualifying for such an exemption. Those homeowners over
65 years or disabled will receive an additional $64,000 deduction against
total assessed value.
ADOPTED THIS 13th DAY OF FEBRUARY, 2003.
Jf1J c4~ ~}- (ii
Michae J. Pfei er, County Judge
M1C ael Balajka
Calhoun County mmissioner, Pet. 2
~Jdtd.~
Kenneth W. Finster
Calhoun County Commissioner, Pet. 4
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.-H. Floyd
Calhoun County Commissioner, Pet. 3
""'-"1\
Attest: Anita Fricke, County Cl~rk C 01/;"
:- ,.<, ~'.).,... ,"/1'/
LT~ &4t'\~>/l""'\:.
By: R -r~ Clerk 'I. -~: ,/ ~.:::?:~' : ~
",:', :;:;",'. -':.lo..."
.. ';>". /......
" . 0' ,,~
. . . . . . . . ~ f' (:';0 "-
{'.{ 1 I! U ',\'i,-'-'
HRALTH DEPARTMENT - DONATION OF SATELLITE DISH ACCEPTED
Dr. Cates with the Victoria City-County Health Department
stated Texas Association of Local Health Officials, a
non-profit or$anization, has offered to donate and install
a satellite d~sh for teleconferences offered to the Health
Department in the future. He mentioned potential future
costs of maintenance. It will be located near the
hospital. Mrs. Ethel Jecker, with the Health Department,
has recommended acceptance.
A Motion was made by Commissioner Balajka and seconded by
Commissioner Galvan to accept the donation of a satellite
dish from Texas Association of Local Health Officials,
authorize the installation of the dish, and accept
ownership of the equipment, and, when installed, authorize
Dr. Cates to sign the related documentation.
Commissioners Galvan, Balajka, Floyd, Finster and Judge
Pfeifer all voted in favor.
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STANDARD EQUIPMENT LIST
The following equipment will be installed at ALL sites.
1.)
2.)
3.)
4)
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6.)
7)
8.)
9.)
10.)
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Patriot 3.1 meter Prime Focus Polar Mounted Antenna System
ADL Co-Rotor C/KU feed
Thompson Saginaw 24" heavy duty actuator ann
Cal Amp Pro IT C-band LNB
Norsat 4507 KU-band LNB
Motorola DSR-922 4DTV digital/analog Receiver / Controller
13" Color TV / VCR combo for system monitoring
Sony 24" Flat Screen Color TV for program viewing. Commercial quality cart /
stand provided for relocation.
Panamax Max 8 DBS + 5 with SCL8 Module for complete surge suppression
Commscope 8136 dual coax with actuator and polar rotor control wires
All exterior wire will be placed in 1-1/4" electrical conduit.
Where roof mount is required, installation will be done with a Baird Satellite Svstems
Non-Penetrating Roof Mount properly engineered for the specific location.
In ground pipe mount will be done with a 10' schedule 40 pipe 4"OD with a minimum
of 48" in ground, in concrete.
Typical grounding at the antenna will include a 5/8" X 8' copper clad ground rod with
solid #2 tinned wire exothermically welded to the pipe and rod.
BIOTERRORISM PREPll.RlmNRSS GRANT
Dr. Cates, with the victoria City-county Health
Department, was ambivalent about the acceptance of the
Bioterrorism Preparedness Grant from the Texas Department
of Health, although he stated the requirements for the
grant are almost done. He said this grant does not have
to be used for bioterrorism activity. It is basically a
vehicle with no maintenance included. He is trying to roll
all the department's travel funds out of this grant.
There is no guaranteed renewal of the grant.
Commissioner Floyd asked if it is to the Court's option
how the grant is spent. Dr. Cates replied, yes, except
for equipment but we do not have to buy new equipment with
it. Commissioner Floyd asked if the $19.000 could be used
for supplies, etc.; take the funds and not the vehicle.
Dr. Cates said there is a time limit which is August 31,
2003 from approval.
A Motion was made by Commisioner Floyd and seconded by
Commissioner Galvan that Doctor Cates be authorized to
move forward with the Bioterrorism preparedness Grant from
the Texas Department of Health with the stipulation the
$19,000 for equipment not be expended, but placed in an
escrow account, until receiving a Commissioners' Court
decision regarding same. Commissioners Galvan, Balajka,
Floyd, Finster and Judge Pfeifer all voted in favor.
A Motion was made by Commissioner Balajka and seconded by
Commissioner Galvan to authorize the County Judge to sign
the Bioterrorism prepaaredness Grant Agreement.
Commisisoners Galvan, Balajka, Floyd, Finster and Judge
Pfeifer all voted in favor.
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TEXAS DEPARTMENT OF HEALTH
1100 WEST 49TH STREET
AUSTIN, TEXAS 78756-3199
STATE OF TEXAS
COUNTY OF TRA VIS
TDH Document No. 7460019239A2003
Contract Change Notice No. 01
The Texas Department of Health, hereinafter refened to as RECEIVING AGENCY, did heretofore enter into a contra;t in writing
with CALHOUN COUNTY HEALTH DEPARTMENT hereinafter refened to as PERFORMING AGENCY. The parties thereto
now desire to amend such crntract attachment(s) as follows'
Sl.JMMARY OF TRANSACTION:
AIT NO. 02 : PHR 8 - BIOTERRORISM PREPAREDNESS
All terms and conditions not hereby amended remain in full force and effect.
EXECUTED IN DUPLICATE ORIGINALS ON THE DATES SHOWN.
CALHOUN COUNTY
Authorized Contracting Entity (type above if different
from PERFORMING AGENCY) for and in behalf of:
PERFORMING AGENCY: RECEIVING AGENCY:
CALHOUN COUNTY HEALTH DEPARTMENT TEX#PARTME~ OF HEALTH
By: yflkk-<../ 1: c~~ By: JIld~ [(~
Uiignature of person autlxlri /d t SIgn) (Signature of person autlx:lrized to sign)
16~ldy ::rr{l/r-f. Melanie A, Doyle, Director
Grants Manaeement Division
(Name and Title) (Name and Title)
Date: ;J~J3-t23 Date: I~D3
RECOMMENDED:
By: ~~, 1'<'""-i2
.
(PERFORMING AGENCY Director, if different
from person authorized to sign contract i
JV GMD - Rev. 12100
Cover Page 1
22
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DETAILS OF ATTACHMENTS
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Ani TDH Program lD/ Term Financial Assistance Direct Toral Amount
Amd TD H Purchase Order Assistance (TD H Share)
No. Number Begin End Source of Amount
Funds*
01 OPHP/LPHS 09/01/02 08/31103 State 93.991 40,636.00 0.00 40,636.00
000C011424
02 PHR 8/BlOTER 09/01/02 08/31/03 93.283 25,279.00 0.00 25,279.00
0000000409
TDH Document No.7460019239A2oo3 Totals $ 65,915.00 $ 0.00 $ 65,915.00
Change No. 01 ,
'Federal funds are indicated by a number from the Catalcg of Federal Domestic Assistance (CFDA), if applicable. REFER TO
BUDGET SECTION OF ANY ZERO AMOUNT ATTACHMENT FOR DETAILS.
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Cover Page 2
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DOCUMENT NO. 7460019239A-2003
ATTACHMENT NO. 02
PURCHASE ORDER NO. 0000000409
PERFORMING AGENCY: CALHOUN COUNTY HEALTH DEPARTMENT
RECEIVING AGENCY PROGRAM: PUBLIC HEALTH REGION 8
TERM: September 01, 2002 THRU: August 31, 2003
SECTION I. SCOPE OF WORK:
PERFORMING AGENCY shall assist RECEIVING AGENCY in the implementation of
RECEIVING AGENCY'S Centers for Disease Control and Prevention (CDC) project, Public
Health Preparedness and Response for Bioterrorism. This project is designed to upgrade state
and local public health jurisdictions' preparedness for and response to bioterrorism, other
outbreaks of infectious disease, and other public health threats and emergencies.
PERFORMING AGENCY shall develop a bioterrorism preparedness plan that addresses the
selected Focus Areas and the required critical capabilities. If critical capacities are achieved or
almost fully developed, PERFORMING AGENCY may address the enhanced capacities for that
focus area.
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The Focus Areas include the following:
A. Preparedness Planning and Readiness Assessment: Establish strategic leadership,
direction, assessment, and coordination of activities to ensure statewide readiness,
interagency collaboration, local and regional preparedness for bioterrorism, other
outbreaks of infectious disease, and other public health threats and emergencies;
B. Surveillance and Epidemiology Capacity: Enable state and local health departments to
enhance, design, and/or develop systems for rapid detection of unusual outbreaks of
illness that may be the result of bioterrorism, other outbreaks of infectious disease, and
other public health threats and emergencies. Assist state and local health departments in
establishing expanded epidemiologic capacity to investigate and mitigate such outbreaks
of illness;
C. Laboratory Capacity-Biologic Agent: Ensure that core diagnostic capabilities for
bioterrorist agents are available at all state and major city/county public laboratories.
These funds will enable state or major city-county laboratories to develop the capability
and capacity to conduct rapid and accurate diagnostic and refcrence testing for select
biologic agents likely to be used in a terrorist attack;
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D. Laboratory Capacity-Chemical Agents: Supplemental funds to support this Focus Area
are not available;
ATTACHMENT - Page 1
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E. Health Alert Network/Communications and Information Technology: Enable state
and local public health agencies to establish and maintain a network that will:
a. Support exchange of key infonnation and training over the Internet by linking
public health and private partners on a 24/7 basis;
b. Provide for rapid dissemination of public health advisories to the news media and
the public at large;
c. Ensure secure electronic data exchange between public health partners' computer
systems, and,
d. Ensure protection of data, infonnation, and systems, with adequate backup,
organizational, and surge capacity to respond to bioterrorism and other public
health threats and emergencies;
F. Communicating Heaith Risks and Health Information Dissemination: Ensure that
state and local public health organizations develop an effective risk communications
capacity that provides for timely infonnation dissemination to citizens during a
bioterrorist attack, outbreak of infectious disease, or other public health threat or
emergency. Such a capacity should include training for key individuals in
communication skills, the identification of key spokespersons (particularly those who can
deal with infectious diseases), printed materials, timely reporting of critical infonnation,
and effective interaction with the media; and
G. Education and Training: Ensure that state and local health agencies have the capacity
to:
a) Assess the training needs of key public health professionals, infectious disease
specialists, emergency department personnel, and other health care providers
related to preparedness for and response to bioterrorism, other outbreaks of
infectious disease, and other public health threats and emergencies; and
b) Ensure effective provision of needed education and training to key target
audiences through multiple channels, including academic institutions, healthcare
professionals, CDC, HRSA, and other sources.
PERFORMING AGENCY shall utilize staff, vehicles or other equipment purchased with funds
under this Attachment to assist RECENING AGENCY regional staff in responding to a public
health emergency as directed in writing by RECEIVING AGENCY.
PERFORMING AGENCY shall submit to RECENING AGENCY a plan which fully describes
PERFORMING AGENCY'S risk communication activities and related expenses. RECENING
AGENCY'S Office of Communications will review the plan and provide PERFORMING
AGENCY with written approval. PERFORMING AGENCY shall not expend funds on risk
communications activities (Focus Area F) until written approval is received from RECENING
AGENCY. Any changes to the risk communication plan must have written prior approval of
RECENING AGENCY'S Office of Communications. PERFORMING AGENCY shall consult
with RECENING AGENCY'S Office of Communications on the content of risk
communications to ensure that a coordinated message is provided across the state regarding
bioterrorism preparedness and response, other outbreaks of infectious disease, and other public
health threats and emergencies.
ATTACHMENT - Page 2
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PERFORMING AGENCY shall comply with all applicable federal and state laws, rules,
regulations, standards and guidelines in effect on the beginning date of this contract Attachment
unless amended. The following documents are incorporated by reference and made a part ofthis
contract Attachment. These include:
. Public Law 107-117, Department of Defense and Emergency Supplemental
Appropriations for Recovery from and Response to Terrorist Attacks on the United States
Act, 2002;
. Centers for Disease Control and Prevention (CDe) Guidance for Fiscal Year 2002
Supplemental Funds for Public Health Preparedness and Response for Bioterrorism
(Announcement Number 99051 - Emergency Supplemental); and,
. PERFORMING AGENCY'S FY 03 Workplanfor Local Public Health Preparedness and
Response for Bioterrorism, and any written revisions.
Within thirty (30) days of receipt of an amended standard(s) or guideline(s), PERFORMING
AGENCY shall inform RECENING AGENCY Program, in writing, if it shall not continue
performance under this Attachment in compliance with the amended standard(s) or guideline(s).
RECENING AGENCY may terminate the Attachment immediately or within a reasonable
period of time as determined by RECEIVING AGENCY.
PERFORMANCE MEASURES
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The following performance measures(s) will be used to assess, in part, PERFORMING
AGENCY'S effectiveness in providing the services described in this contract Attachment,
without waiving the enforceability of any of the other terms of the contract.
PERFORMING AGENCY shall submit quarterly progress reports which describe
accomplishments, challenges, barriers, impact and progress toward achieving the work plan
goals and objectives contained in PERFORMING AGENCY'S FY 03 Workplanfor Local Public
Health Preparedness and Responsefor Bioterrorism.
PERFORMING AGENCY shall identify performance measures for project objectives and target
levels of performance for each focus area.
PERFORMING AGENCY shall provide services in the following county(ies)/area: Calhoun.
SECTION II. SPECIAL PROVISIONS:
General Provisions, Reports Article, third paragraph, is revised to read as follows:
PERFORMING AGENCY shall submit quarterly progress reports and an annual report to
RECENING AGENCY Regional Director no later than 15 days after the end of each
quarter and thirty days (30) following the end of PERFORMING AGENCY'S contract _
term in a format specified by RECEIVING AGENCY. PERFORMING AGENCY shall .-
provide RECENING AGENCY other reports including financial reports RECEIVING
AGENCY determines necessary to accomplish the objectives of this contract and to
A TT ACHMENT - Page 3
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monitor compliance. If PERFORMING AGENCY is legally prohibited from providing
such reports, it shall immediately notify RECEIVING AGENCY.
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ATTACHMENT - Page 4
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SECTION III. BUDGET:
PERSONNEL
FRINGE BENEFITS
TRAVEL
EQUIPMENT'
SUPPLIES
CONTRACTUAL
OTHER
$0.00
0.00
1,022.00
19,000.00
1,000.00
0,00
4,257.00
TOTAL
$25,279.00
Total reimbursements will not exceed $25,279.00.
Financial status reports are due the 30th of December, 30th of March, 30th of June, and the 30th
of November.
, Equipment list attached.
ATTACHMENT - Page 5
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PERFORMfNG AGENCY: CALHOUN COUNTY HEALTH DEPARTMENT
RECEIVING AGENCY PROGRAM: PUBLIC HEALTH REGION 8
TDH DOC. NO: 7460019239A 2003
ATTACHMENT NO: 02
Change No. 01
EQUIPMENT LIST
ITEM DESCRlPTION NO. OF UNIT EXTENSION
UNITS COST
001 2002 Chevrolet Impala 4 Door Sedan. I 19,000.00 $ 19,000.00
Items may be brand name, if specified, or equivalent.
Equipment List Page 1
TOTALS I $ J 9,000.00
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MEMORIAL MEDICAL CENTER - MONTHLY FINANCIAL REPORT
The Memorial Medical Center monthly financial report was
presented by Saad Makhail.
Buzz Currier, Hospital Administrator, stated he is happy
with the results of last year but the hospital had
increased expenses with supply and demand problems. There
is a nursing shortage and competative salaries are a
necessity. They will respond to environmental pressures.
They will try to reduce expenses and increase income.
Machine maintenance needs to be considered. There is the
lack of the subsity. Some equipment and furnishings will
be replaced due to new technology.
EMERGENCY MEDICAL SERVICES SUBSIDY - PAYMENT FROM HOSPITAL
Buzz currier, Hospital Administrator, said the Hospital
Board members and the Council met and voted to transfer
$17,266.71 to the County.
A Motion was made by Commissioner Floyd and seconded by
Commissioner Balajka to accept the payment of $17,262.71
from Memorial Med~cal Center to the County as the final
payment on subsidy for Emergency Medical Services.
Commissioners Galvan, Balajka, Floyd, Finster and Judge
Pfeifer all voted in favor.
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MEMBERSHIP IN GUADALUPE BASIN COALITION
Richard Barton, with the Guadalupe Basin Coalition, said
the coalition was formed to protect the interests of
Calhoun County and surrounding areas regarding the
Guadalupe River and San Marcos River and requested that
Calhoun County join in this. He stated there is a
$100-$500 donat~on required to become a member.
Bob Bolleter, a citizen, said the document refers to water
the withdrawal of water from the Edwards Aquifer but there
are other issues that take water from Calhoun County and
send it to San Antonio, Mr. Barton replied that is one
issue and the coalition will oppose it; the main issue is
the Edwards Aquifer pumping rights and permits. Judge
Pfeifer stated the coalition has hired a lobbyist who will
notify them of any actions on this subject. Commissioner
Finster said GBRA is a member; will the County pay to gain
information. Mr. Barton replied we are paying to have a
representataive and to receive information. Calhoun
County will not have voting rights nor be a director with
the paid $100 donation. The main concern on this end of
the rivers is San Antonio will come and get what they can.
He did not know the position of the San Marcos Foundation.
He said GBRA has senior rights. San Antonio will be
getting small amount from the Edwards Aquifer and will
needing water from elsewhere.
Mr. Barton informed the Court all members of the coalition
have worked together since 1993 and are all concerned with
the rivers and bays. Calhoun County can become a
non-voting member for the minimum amount of $100 until the
next budget session. This donation must be in by February
15, 2003.
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Commissioner Floyd expressed concerns of (1) if the
intentions of the coalition are not supportable by the
court, we are tied to them, (2) objective - retain the
cap, and (3) what are the other plans of the group. Mr.
Barton said the cap has been reached. There are pumping
rights above that have to be bought out for many millions
of dollars. One-half of the money to be provided by the
downstream users and owners and the other half, by the
other rights owners. Calhoun County is fairly well
protected beacuse of GBRA and Dow Chemical having senior
rights. Calhoun County can become a voting member at any
time upon paying the fee and can also "bailout" at any
time.
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A Motion was made by Commissioner Floyd and seconded by
Commisisoner Galvan to approve the $100 expenditure to
join the Guadalupe Basin Coalition and authorize the
County Judge to sign the membership forms and to appoint
Richard Barton as the Court's representative.
Commissioners Galvan, Balajka, Floyd, Finster and Judge
Pfeifer all voted in favor.
2003 Membership Contribution Pledge Form
Organization Name:
Calhoun County
Name of Organization Representative:
Judge Michael J. Pfeifer
Address:
211 South Ann Street, Suite 304
FULL LdVdCd, I~hd~ li9i9
Phone Number:
361/553-4600
Fax Number:
361/553-4444
Email Address:
calhoun @tisd.net
This organization hereby pledges to contribute the following amount to the Guadalupe Basin
Coalition for the year 2003:
$ 100.00
Contributions for 2003 should be mailed by February ISth to the Coalition Treasurer at the
following address:
Guadalupe Basin Coalition
c/o Greater New Braunfels Chamber of Commerce
P.OBox311417
New Braunfels, TX 78131-1417
Thanks for your contribution and your support I
A Unified Voice for the Guadalupe River Basin Area
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E-911 DISTRICT BOARD - RE-APPOINTMENT OF MEMBER
A Motion was made by Commissioner Ba1ajka and seconded by
Commissioner Finster to re-appoint Joe pena as a member of
the E-911 District Board. Commissioners Galvan, Balajka,
Floyd, Finster and Judge Pfeifer all voted in favor.
DRAINAGE EASEMENT ALONG HOI,LAMQN ROAD IN PRECINCT #2 -
APPROVAL OF LEC'..AL DESCRIPTION ON EASEMENT PROM JOE D.
BRETT
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Commissioner Balajka stated the Drainge Easement from Joe
D. Brett to Calhoun County alon~ Hollamon Road in
Precinct #2 (12-14-2001, Commissloners Court Minutes Vol.
24, page 332) did not contain the complete metes and
bounds property description.
A Motion was made by Commissioner Balajka and seconded by
Commissioner Finster to accept the metes and bounds
property description of the 6 foot drainage easememt from
Joe D. Brett to Calhoun county along Hollamon Road in
Precinct #2. Commissioners Galvan, Balajka, Floyd,
Finster and Judge Pfeifer all voted in favor.
0.21 Acre
Additional Road Easement
Part of the John LoweI)'
Survey, A-I05, Calhoun
County,Texas.
STATE OF TEXAS
~
COUNTY OF CALHOUN 9
FIELDNOTE DESCRIPTION of a tract or parcel of land containing 0.21 Acre situated in and a part of
the John LoweI)' Survey, A-lOS, Calhoun County, Texas. Said 0.21 Acre also described as being in and
a part of that same 1"34 Acres described in a deed recorded in Volume 83, Pages 243-244 of the Calhoun
County Deed Records and is more fully described by metes and bounds as follows:
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BEGINNING at a 60D nail set for the East comer of this 0.21 acre being described
and being in the common line between the aforesaid 134 acre tract of land and a
28.972 acre tract ofland as described in an Option Contract recorded in Volume 313,
Pages 742-74& of the Calhoun County Deed Records. Said set 60D nail being in the
Southwest line of Holloman Road and bears S 530 30' 00" W, 20.00 feet from a
Railroad Spike found in the center of said Holloman Road marking a common comer
of the aforementioned 134 acre and the 28.972 acre tract ofland;
THENCE, S 53' 30' 00" W (Base Bearing), a distance of 6.00 feet to a 60D nail set
for the South comer of this tract and being in the corrunon line between the aforesaid
134 acre tract and the 28.972 acre tract of land, from which a 1 (one) inch iron rod
found at an interior comer of the said 134 acre tract bears: S 530 30' 00" W a distance
of 782.32 feet;
THENCE, N 34' 30' 00" W, along an existing fenceline for a distance of 1505.89
feet to"an existing corner fence post for the West corner of this tract. Said corner
being in the recognized common line as fenced between the aforesaid 134 acre tract
ofland and a 550.00 acre tract of land as described in Volume 195, Pages 92-94 of
the Calhoun County Deed Records;
THENCE, N 550 56' 00" E, with the said common line of the above mentioned
tracts and a Northeasterly projection of the existing fence, a distance of 6.00 feet to
a 60D nail set for corner at the point of intersection with the Southwest line of
HolJoman Road;
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THENCE, S 340 30' 00" E, with the said Southwest line of Holloman Road for a
distance ofI505.64 feet to the PLACE OF BEGINNING; CONTAINING within
these metes and bounds 0.2] Acre situated in and II part of the John Lowery Survey,
A-l 05, Calhoun County, Texas.
This FIELDNOTE DESCRIPTION and a PLAT
under my direction in May 2002.
rvey made on the ground
Job #9317.035
32
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0.21 ACRE SURVEY
JOHN LOIYERY SURVEY
ABSTRACT NO, 105
CALHOUN COUNTY, TEXAS
,.com'd b. 1-1......0.
PORT LAVACA, TEXAS
de\o: I.l....y D. 2002
BEING PART Of: THAT SAJlE PROPERTY DESCRIBED AS
J31 ACRES IN A' MZ.J) A41'.zJJ .,jUCUS1' 30; 19S21ROJJ
JOHN KINGAN. E'/'. AL. TO JOE BRETT RECORDED IN VOWJlE
83. PC, 243-2U OF THE CAU/OUN COUNTY DEED RECORlJS.
ENGINEERS, INC.
ICol. '".200'
no.: 9Jl1.0J~
drew... no.:9.l110J.5P
33
FIRE PROTECTION SERVICES - INTERLOCAL AGREEMENT WITH THE
CITY OF PORT LAVACA
Commissioner Floyd stated he had reviewed a letter from
the County Auditor regarding the Interlocal Agreement for
fire protection services with the City of Port Lavaca and
had also reviewed the Interlocal Agreement. He said this
agreement is between Calhoun County and the Port Lavaca
Fire Department. Mutual Aid Agreements should be between
the volumteer fire departments and the City of Port
Lavaca. This Interlocal Agreement is paying $75,000 to
the City of Port Lavaca to provide fire protection
services to the County; it has nothing to do with
commitment from our volunteers.
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Commissioner Floyd sug$ested a change be made on Page 1
from "Whereas the partJ.es, etc." to state "Whereas, the
County of Calhoun desires to provide for fire protection
for IJ.fe and property of its residents."
The Court discussed Part 1, Section 1.1 regarding by whom
assistance must be requested, and, if in writing.
Commissioner Finster and the County Auditor sU$gested it
read: "The City of Port Lavaca agrees to furnJ.sh
emergency fire suppression services upon a request for
assistance from the county volunteer fire departments
within the County."
Other changes recommended are: (1) Part 1, Section 1.6 -
"although each party" changed to "City of Port Lavaca";
(2) Part 1, Section 1.7 - "In the event, one party"
changed to "In the event, th City of Port Lavaca"; and (3)
Part 1, Section 1. 9 - "Each party" changed to "City of
Port Lavaca."
A Motion was made Commissioner Floyd and seconded by
Commissioner Galvan to enter into an Interlocal Agreement
with the City of Port Lavaca for fire services with said
chan$es and to authorize the County JUd$e to sign same.
CommJ.ssioners Galvan, Balajka, Floyd, FJ.nster and Judge
Pfeifer all voted in favor.
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INTERLOCAL AGREEMENT
FOR FIRE SERVICES
STATE OF TEXAS
COUNTY OF CALHOUN
THIS CONTRACT AND AGREEMENT, entered into on this
1 st day of JanuafV , 2003, by and between the CITY
of PORT LAVACA, Texas, a municipal corporation of Calhoun County, by and
through their duly authorized City Manager or Mayor, and by and between the
COUNTY OF CALHOUN, through its duly authorized County Judge, such
governments acting herein under the authority and pursuant to the terms of the
Texas Government Code, Section 791.001 et seq., known as the "Interlocal
Cooperation Act".
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WITNESSETH:
WHEREAS, the parties hereto desire to secure for each other the benefits
of mutual aid in Fire Protection for the protection of life and property; and
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WHEREAS, the City of Port Lavaca, Texas being owners of certain trucks
and other equipment designed for and capable of being used in the protection of
persons and property from and in the suppression and the fighting of fires and
has assigned individuals trained in the use of such equipment, the same being
and composi~ fire departments of each of the parties hereto; and
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WHEREAS, the parties have authority to enter into contracts providing for
the use of fire trucks and other fire protection and fire fighting equipment for
citizens outside of their respective jurisdictional limits; and
WHEREAS, the parties are desirous of obtaining additional, secondary
service for their citizens in the event of an emergency whereby the fire
department of a particular party would need additional assistance; and
WHEREAS, for the fire services to be rendered hereunder, the County of
Calhoun shall provide funds ($75,000.00) for the use of fire trucks and other fire
protection and firefighting equipment for citizens outside the respective limits of
the City of Port Lavaca, Texas and
NOW, THEREFORE, for and in consideration of the mutual benefits to be
derived by each of the parties hereto, said parties agree and covenant as follows:
PART I
SERVICES AND CONDITIONS
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The City of Port Lavaca and the County of Calhoun agree to provide fire
suppression services and to dispatch equipment and/or personnel in accordance
with and subject to the terms and conditions hereinafter set forth. It is specifically
agreed that:
1.1 The City of Port Lavaca and the County of Calhoun agree to furnish
emergency fire suppression services to each other upon a request
for assistance from the Fire Chief, Fire Marshal, City Manager,
Mayor, County Judge, or other individual as designated in writing
by the respective City or by the County.
1.2 Each party's Fire Chief or their designate shall be the sole judge of
the type and amount of equipment and manpower dispatched in
response to a request for assistance. Responding party forces will
work under the authority of the requesting party upon arrival at the
scene.
1.3 Any request for aid hereafter shall include a statement of the
..mount and type of equipment and number of personnel requested,
and shall specify the location to which the equipment and personnel
are to be dispatched, by the amount and type of equipment and
number of personnel to be furnished shall be determined by the
representative of the responding party.
1.4 The responding party shall report to the officer in charge of the
requesting party at the location to which the equipment and/or
personnel is dispatched and they're to render the assistance
required.
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1.5 A responding party shall be released by the requesting party when
such services of the responding party are no longer required or
when the responding party is needed within the area that it normally
provides fire protection services for. The authorized official of the
responding party, once determining that the health, safety and
welfare of the responding party's personnel shall be endangered by
any order of the requesting party, may withdraw all of responding
party's personnel from the scene.
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1.6 Although each party will endeavor to respond to all requests for
assistance, nothing herein is to be interpreted as imposing any duty
or obligation upon any party to respond to any fire emergency. The
provision of fire protection service to each party's own area of
responsibility shall always remain the primary function of that
party's department.
1.7 In the event one party cannot or is unable to respond to a request
for assistance, that party shall immediately notify the party
requesting such assistance.
1.8 The parties' Fire Chief, in accordance with the terms of this
agreement, shall consult as necessary with respect to the
impiementation of additional policies and procedures for improving
the provision of fire protection services by each party in response to
requests for assistance.
1.9 Each party shall maintain applicable insurance coverage on each of
its motor vehicles and personnel.
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PART 2
INDEMNITY CLAIMS:
.
2.1 Any civil liability related to the furnishing of services hereunder is
the responsibility of the requesting party, which would be
responsible for furnishing the fire protection services absent this
agreement.
2.2 The requiring party agrees to indemnify and hold the responding
party harmless for any damages or injuries to persons or property
which occur as a result of or in the course of answering, traveling to
or from, orperiorming services in connection with any fire
suppression service response initiated hereunder and the
requesting party agrees to defend, on behalf of the responding
party, any claim, action, or suit initiated against the responding
party based upon any action made hereunder and to pay all
reasonable and necessary expense of such defense including
reasonable attorney's fees and court cost.
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2.3 All claims for workers compensation benefits anslng out of this
agreement shall be the sole responsibility of the party who is the
general employer of the employee filing such claim.
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2.4
At no time shall the employees of a responding party be considered
to be borrowed servants or on loan to the requesting party under
this agreement.
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PART 3
TERM:
3.1 This agreement shall terminate 2003, provided that it
shall automatically be renewed for a one year period unless any
party hereto shall give all of the other parties written notice on or
before ninety (90) days prior to the renewal date, at which time this
agreement shall terminate only as to the terminating party.
3.2 Notwithstanding the above, all rights, duties, and responsibilities of
the other nonterminating parties are unaffected for the remainder of
the term or any renewal thereof.
3.3 This agreement shall renew itself automatically from year to year
absent said notice.
PART 4
NOTICE OF TERMINATTION;
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4.1
The parties hereto may terminate their interest under the
agreement without recourse or liability for breach or damages, upon
ninety (90) days written notice of their intent to terminate to the
other parties.
4.2 Notwithstanding the above, all rights, duties, and responsibilities of
the other nonterminating parties are unaffected for the remainder of
the term.
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PART 5
ENTIREMENT AGREEMENT:
This agreement shall take the place of and supersede any previous agreements;
it shall only be amended in writing and signed by all parties.
IN WITNESS THEREOF, all parties have caused the agreement to be duly
executed on the date above written.
ATTEST
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BARBARA GIBSON
CITY SECRETARY
DATE
CITY OF PORT LAVACA
ALLEN THARLlNG
MAYOR
DATE
COUNTY OF CALHOUN
MICHAEL J. PFEIFER
COUNTY JUDGE
DATE
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Entity Name
Entity ID
(~yntract Type / ID
Port Lavaca
9059
LIAB / 4
10-01-02 to 10-01-03
e GENERAL LIABILITY
LIABILITY DECLARATIONS OF COVERAGE
Limits of Liability
$ 1,000,000 Each Occurrence
$ 1,000,000 Each Occurrence
$ 2,000,000 Annual Aggregate
$ 0 Each Occurrence
$ 12,179 Effective 10-01-02
$ 12,179 Anniversary: 10-01-03
Sudden Events
Involving Pollution
Deductible
Annual Contribution
Billable Contribution
LAW ENFORCEMENT LIABILITY
Limits of Liability
$ 1,000,000 Each Occurrence
$ 2,000,000 Annual Aggregate
$ 1,000 Each Occurrence
$ 13,326 Effective 10-01-02
: $ 13,326 Anniversary: 10-01-03
jductible
Annual Contribution
Billable Contribution
_ERRORS
& OMISSIONS LIABILITY
Limits of Liability
$ 1,000,000 Each Wrongful Act
$ 2,000,000 Annual Aggregate
$ 5,000 Deductible Each Wrongful Act
$ 14,122 Effective 10-01-02
$ 14, 122 Anniversary: 10-01-03
Retroactive Date: 00-00-00
Deductible
Annual Contribution
Billable Contribution
TOTAL CONTRIBUTION
Total Billable Contribution
$ 39,627/
Contract Effective 10-01-02
Contract Anniversary: 10-01-03
Coverage is continuous until cancelled.
adjustment each year on the anniversary
information and changes in rating.
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Contributions are subject to
date based on updated exposure
Texas Municipal League Intergovernmental Risk Pool
CHELGRE
06-14-02 15.45.22
L201
08-11-98
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INVOICE
NO: 031701
BILL TO:
Calhoun County
211 S. Ann
Port Lavaca, TX 77979
Altn: County Treasurer
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To invoice Calhoun County per Interlocal Agreement.
Calhoun County portion of Fire Protection provided by City of Port Lavaca Fire
Department for fire protection and fire calls outside City limits.
January 1,2003 to December 31, 2003
$75.00000
TOTAL THIS INVOICE
$75,000.00
Make payment to:
City of Port Lavaca
P. O. Box 105
Port Lavaca, TX 77979
Altn: Finance Department
Thank you!
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NEW COUNTY JAIL - CONTRACT FOR ARCHITECTURAl. SERVICES
Tom Hooker, architect with Pfluger, Wiginton & Hooker,
PLLC, took exception to the Contract for architectural
services for the new County County Jail; Article 13.2.4 is
to be deleted. He stated the process will take seven or
less months.
A Motion was made by Commissioner Floyd and seconded by
Commissioner Balajka to authorize the signing of the
Contract for architectural services with Pfluger, Wiginton
& Hooker, PLLC for architectural services for the new
Calhoun County jail with paragraph 13.214 deleted and
authorize Commissioner Floyd to sign same. Commissioners
Galvan, Balajka, Floyd, Finster and Judge Pfeifer all
voted in favor.
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AGREEMENT BETWEEN CALHOUN COUNTY
AND ARCHITECT
This AGREEMENT made as of this 1'~
F ," f', Ie oJ "" 1< "1
, 2003.
day of
BETWEEN:
Calhoun County, Texas
211 South Ann Street
Port Lavaca, Texas 77979
Altn: Commissioner H. Floyd
Phone: (361) 893-5346
Fax: (361) 893-5309
hereinafter referred to as "OWNER,"
and the ARCHITECT:
Pfluger, Wiginton, Hooker, P.L.L.c.
9696 Skillman Street, Suite 255
Dallas, Texas 75243
hereinafter referred to as "ARCHITECT,"
For the following PROJECT: 144- bed Law Enforcement Facility with an Owner's option to
include office space for the Sheriff Department
The OWNER is represented herein for all purposes of this AGREEMENT by Commissioner H.
Floyd, or such other representative as may be authorized by the Calhoun County Commissioners
Court.
The OWNER and the ARCHITECT agree to the following terms and conditions of
AGREEMENT:
TERMS AND CONDITIONS OF AGREEMENT BETWEEN OWNER AND ARCHITECT
SECTION I - ARCHITECT'S RESPONSIBILITIES
1.0 BASIC SERVICES
1.0.1 The ARCHITECT will serve as the OWNER'S professional consultant in those phases of
the PROJECT to which this AGREEMENT applies, and will consult and advise the OWNER
during the performance of the ARCHITECT'S services. All services performed under this
AGREEMENT shall be performed in accordance with normally high professional standards, in a
competent and non-negligent manner, and in substantial compliance with all current
interpretations of applicable laws. Such services shall be performed in a timely manner so as not
to delay OWNER'S Contractor in the performance of the Work.
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1.0.2 The ARCHITECT'S Basic Services consist of the six phases described in Subsections 1.1
through 1.6 and include nonnal architectural services; structural, mechanical (including
plumbing), electrical, and landscape architectural services; roofing consultant services; and any
other services included in Section 14 as part of Basic Services.
1.0.3 The ARCHITECT agrees to retain subconsuItants approved by the OWNER and not to
modifY subconsultants' designs after subconsultants' seals have been affixed except with consent
of the subconsuItant. All subconsuItants shall have licenses and other qualifications or
certifications required to perform the services under this AGREEMENT and shall be reasonably
experienced and qualified to perfonn such services. ARCHITECT shall require subconsuItants
to maintain commercial reasonable professional liability, commercial general liability and other
appropriate insurance.
1.0.4 The ARCHITECT'S employees and the ARCHITECT'S associated subconsuItants to be
employed in the perfonnance of the PROJECT shall be acceptable to and approved by OWNER,
and once approved by OWNER shall not be changed except with the OWNER'S prior written
acknowledgment and concurrence, which shall not be unreasonably withheld.
1.0.5 The ARCHITECT agrees to record in writing the major proceedings of each PROJECT
conference and submit them to the OWNER within seven (7) days of the date of the conference.
Reports may be handwritten provided they are clear and legible.
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1.0.6 The ARCHITECT shall prepare and submit at the appropriate times all applications,
drawings, specifications and other documents in the name of OWNER to utility companies and
providers and governmental authorities having jurisdiction over the PROJECT and shall obtain
aJl approvals and aJl development and building permits necessary to complete the PROJECT in
accordance with the Production Schedule describcd in Section 4. Development and pennitting
fees may be paid for in one of the foJlowing methods as mutuaJly agreed:
1. Paid by ARCHITECT and billed to OWNER as a reimbursable or
2. Payment coordinated through the OWNER.
1.0.7 The ARCHITECT agrees to make presentations at two (2) public meeting(s) arranged by
OWNER to explain the Project and a Commissioners Court meeting at the completion of each
project phase and once per month during the construction phase, or as requested by the
Commissioners Court, as a part of Basic Services. Any other public meetings or presentations
required by OWNER shall be considered Additional Services in accordance with Subsection 1.8
and paid for in accordance with Subsection 13.3.3.
1.0.8 The ARCHITECT shall not knowingly specify, request or approve for use any asbestos
containing materials or lead-based paint without the OWNER'S written approval. For materials
specified on the basis of perfonnance criteria, the ARCHITECT shall include a requirement in
the specifications effectively stating that "No asbestos containing materials or lead-based paint
shall be incorporated in the project." When a specific product is specified, the ARCHITECT
shaJl endeavor to verifY that the product does not include asbestos containing material. The
ARCHITECT agrees to execute a Statement of Non-Inclusion of Asbestos Containing Material,
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on a fonn provided by OWNER, both prior to design and upon completion of the Construction
Documents Phase.
1.0.9 The ARCHITECT shall assist the OWNER with the selection of colors for finishes, fixed
furniture, equipment, etc. included in the Work. The ARCHITECT shall prepare and submit a
color board for the OWNER'S review and approval which clearly illustrates the ARCHITECT'S
recommended color scheme.
1.1 SCHEMATIC DESIGN PHASE
1.1.1 As part of the Schematic Design Phase, the ARCHITECT shall establish an architectural
design program narrative describing major functional elements, space requirements and
relationships between the elements, requirements within each space (environmental, acoustical,
lighting, electrical, communications, cabinetry, security, etc.), site development requirements,
code requirements, aesthetic requirements and other special considerations. Unless otherwise
provided for by separate Agreement or under Section 14 of this AGREEMENT, "OTHER
CONDITIONS OR SERVICES," Basic Services of the ARCHITECT shall include programming
efforts such as reviewing existing building and site conditions, interviewing personnel, reviewing
inventories, or projected lists of furniture, equipment and materials prepared by OWNER or
OWNER'S representatives, attending meetings and taking other actions as necessary to establish
the scope ofthe PROJECT as dictated by the OWNER'S needs.
1.1.2 The ARCHITECT shall provide a preliminary evaluation of the OWNER'S operating
program and the PROJECT budget requirements, each in tenns of the other, and shall review
with the OWNER alternative approaches to design and construction of the PROJECT. The
ARCHITECT shall detennine whether archaeological surveys, environmental site assessments,
geotechnical surveys, soil analyses, land surveys, off-site engineering, or any other land
feasibility or special subconsultanl services are required or advisable for the PROJECT, and
advise OWNER on the necessity or advisability of obtaining such services, and the probable cost
and time involved in the perfonnance of such services.
1.1.3 Based on mutually agreed upon program and PROJECT budget requirements, the
ARCHITECT shall prepare, for approval by the OWNER, Schematic Design Documents
consisting of site plan, architectural floor plans, building sections, exterior elevations,
mechanical/electrical floor plans, subconsultant schematic drawings, description of project
components, and a Statement of Probable Construction Cost based on current area, volume or
other unit costs.
1.1.4 As part of the ARCHITECT's Services to be perfonned under this AGREEMENT, the
ARCHITECT shall assist OWNER in establishing estimates for the cost of the construction of
the PROJECT ("Construction Budget") and the overall cost of the Project ("Project Budget") of
sufficient reliability to pennit OWNER to seek public financing for the PROJECT, through
Certificates of Obligation or Bonds, based on such estimates ("Initial Services"). ARCHITECT
shall complete such Initial Services as soon as reasonably possible after the commencement of
3
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this AGREEMENT. ARCHITECT understands that the Initial Services are required in order for
OWNER to obtain financing for the PROJECT.
1.1.5 ARCHITECT shall, within 14 days after the date this AGREEMENT is fully signed,
provide the Owner with a written timeline for the services to be performed under this Agreement,
including any special subconsultant services which Owner and Architect may agree upon. Owner
and ARCHITECT shall mutually agree on the time period(s) allotted to OWNER for review and
approval of items requiring OWNER review and approval, taking into account the time period
required if formal action must be taken by the Commissioners Court, and the time line provided
by ARCHITECT shall provide the period of time which Owner is allotted for review and
approval. The timeline shall be updated by ARCHITECT, as required to keep it accurate, and
ARCHITECT shall promptly provide OWNER with a copy of such revised timeline.
ARCHITECT may not extend the periods for performance set out in Section 4 of this
AGREEMENT except as provided in that Section.
1.1.6 When items under this AGREEMENT reqUire OWNER review and approval,
ARCHITECT shall provide such items to OWNER'S Representative, and shall notify
OWNER'S Rcpresentative in writing of the need for such approval and date by which the ..
OWNER's response must be made. .,
1.1.7 If OWNER elects to use the services ofa Project Manager for this Project, ARCHITECT
agrees to cooperate with the Project Manager in connection with the Project. The Project
Manager shall not serve as the OWNER's Representative unless the Commissioners Court
authorizes the Project Manager to serve as OWNER's Representative and notifies ARCHITECT
in writing of the change in OWNER's Representative. If a Project Manager is employed by
OWNER, Owner's Representative, the Project Manager, and the ARCHITECT shall meet to
confirm the role of the Project Manager, and discuss the items and issues over which the Project
Manager has authority to make decisions or render approvals, and those items and issues where
the Owner's Representative or the Commissioners Court must make decisions or render
approvals. If at any time during the term of this AGREEMENT, the ARCHITECT is unsure who
has authority to make a decision, ARCHITECT shall refer the matter to the OWNER's
Representative.
1.2 DESIGN DEVELOPMENT PHASE
1.2.1 Based on the approved Schematic Design Documents and any adjustments authorized by
the OWNER in the program or Fixed Construction Budget, the ARCHITECT shall prepare for
approval by the OWNER, Design Development Documents consisting of drawings and other
documents to fix and describe the size and character of the entire PROJECT as to the
architectural design and components, civil, structural, mechanical, plumbing, electrical and
special systems and components, materials, equipment and such other elements as may be
appropriate.
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1.2.2 Outline specifications shall be submitted on the entire PROJECT, as required for the
PROJECT needs.
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1.2.3 The ARCHITECT shall submit to the OWNER an updated written Statement of Probable
Construction Cost and Probable Project Cost, including the estimated cost of all required surveys
and reports, such as geotechnical reports, archaeological surveys, and any other costs incidental
to the Project.
1.3 CONSTRUCTION DOCUMENTS PHASE
1.3.1 Based on the approved Design Development Documents and any further adjustments in
the scope or quality of the PROJECT or in the Fixed Construction Budget authorized by the
OWNER, the ARCHITECT shall prepare, for approval by the OWNER, Construction
Documents consisting of Drawings and PROJECT Manual setting forth in detail the
requirements for the construction of the PROJECT in compliance with applicable ordinances,
codes and laws of the city, State and federal governments. Drawings shall include plan views,
sections and details clearly defining and describing the intent ofthe improvement, limits of work,
access roules, environmental-protection requirements, and contractor staging and storage areas.
1.3.2 Unless otherwise agreed by OWNER in writing, Construction Document Drawings shall
be prepared with computer aided design and drawing technology utilizing one of the following
standard formats: Arc/Info (export), DXF (.DXF), IGDS (.DGN). The guidelines established in
CAD LAYER GUIDELINES. Recommended Designations for Architecture. Engineering. and
Facilitv Management Computer-Aided Design published by the American Institute of Architects
Press, shall be used for sheet layering. Drawing sheet size shall be 24" X 36" and minimum
lettering size shall be "unless otherwise approved. Sheet layout shall be in accordance with
good drafting practice, providing neat, uncrowded, uncluttered and easy-to-read documents.
1.3.3 Design, Drawings and Specifications shall be provided by each subconsultant for its
portion of the PROJECT.
1.3.4 The ARCHITECT shall assist the OWNER In the preparation of necessary bidding
information and bidding forms.
1.3.5 The ARCHITECT shall incorporate into the design the standards, specifications,
guidelines and regulations of State Agencies having jurisdiction over such matters, and
applicable standards, codes and laws, including the Americans with Disabilities Acl and
regulations promulgated thereunder.
1.3.6 Building energy calculations (lighting, HV AC, building envelope, etc.), shall be updated
from initial submittals in the Design Development Phase.
1.3.7 Five (5) sets of the proposed Construction Documents (review sets) shall be furnished, at
the ARCHITECT'S expense, for the OWNER'S review and approval before reproducing copies
for bidding purposes.
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1.3.8 The ARCHITECT shall provide to the OWNER an updated written Statement of Probable
Construction Cost and Probable Project Cost based upon prevailing market conditions within one
week from date of submittal of five review sets of Construction Documents to the OWNER.
1.3.9 Following the return of marked up Construction Documents (or separate critique list) from
the OWNER, the ARCHITECT shall accomplish final modifications and corrections to
Construction Documents as called to the ARCHITECT'S attention by the OWNER; the
ARCHITECT shall return marked up Construction Documents to the OWNER. If, in the opinion
of the ARCHITECT, implementation of the OWNER'S review comments will have an adverse
effect on the PROJECT, the ARCHITECT shall immediately notify the OWNER in writing of its
objections; the OWNER may respond to those objections in writing.
1.3.10 Final Bid Documents shall be furnished to the OWNER at least one week prior to
advertising the PROJECT for bids. Bid Documents shall not be printed until OWNER
authorizes the ARCHITECT to do so.
1.3.11 Acceptance and approval of the Construction Documents by the OWNER shall not
constitute nor be deemed a release of the responsibilities and liability of the ARCHITECT for the _
accuracy and competency of its designs, Drawings, Specifications or other documents and .,
services performed under this AGREEMENT. No approvals or acceptance by or on behalf of the
OWNER shall be deemed to be an assumption of such responsibility by the OWNER for any
defect, error or omission in said designs, Drawings, Specifications or other documents prepared
by the ARCHITECT. The ARCHITECT agrees at its own expense to rework documents as
necessary to correct its designs, Drawings, Specifications or documents found to be in error or
deficient.
1.3.12 Unless otherwise stipulated under Section 14, Other Conditions or Services, the
ARCHITECT shall, upon completion of Construction Documents, provide basic schematic
drawings for the OWNER'S use in publicizing the PROJECT. Drawings shall be 81," X II" as
follows: (I) location map; (2) floor plan(s) naming major spaces and noting the total square
footage; (3) major building elevation; and (4) site plan. In the event that the PROJECT scope
does not involve floor plan, site plan and elevation considerations, schematic drawings
illustrative of the scope shall be provided.
1.4 BIDDING PHASE
1.4.1 The ARCHITECT, following the OWNER'S approval of the Construction Documents and
the latest Statement of Probable Construction and Project Cost, shall assist the OWNER in
obtaining bids. The ARCHITECT shall assist the OWNER in determining what additional
and/or recent information on Contractor qualifications may be required to be submitted by the _
bidders with their bids. .,
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1.4.2 The ARCHITECT shall issue Bid Documents to potential bidders, plan rooms, etc., issue
Addenda, participate in a pre-bid conference, maintain a list of recipients of documents on a form
acceptable to OWNER, and attend bid opening. All Addenda shall be issued at least one week
before the specified bid date, unless the OWNER approves an extension of the bid period as part
of the Addendum.
1.4.3 The ARCHITECT shall provide to the OWNER no later than the time of bidding a list of
all entities that have obtained Bid Documents from its office in connection with the PROJECT.
1.4.4 Following the OWNER'S receipt of bids and Contractor's post-bid information, the
ARCHITECT shall assist the OWNER in obtaining and analyzing Contractor qualifications and
shall make a recommendation to the OWNER.
1.5 CONSTRUCTION PHASE - ADMINISTRATION OF THE CONSTRUCTION
CONTRACT
1.5.1 The Construction Phase will commence with the award of the Contract for construction
and, together with the ARCHITECT'S obligation to provide Basic Services other than Warranty
Period Assistance, under this AGREEMENT, will terminate on the date of expiration of the
original construction Contract Time plus time extensions granted to the Contractor by the
OWNER, but in no case shall time extensions exceed sixty (60) calendar days beyond the date
for Substantial Completion called for in the Agreement, under Basic Services.
1.5.2 Unless otherwise provided in this AGREEMENT and incorporated in the Contract
Documents, the ARCHITECT shall provide administration of the Contract for construction as set
forth below and in the Construction Documents in Calhoun County, Texas.
1.5.3 The ARCHITECT shall participate in a preconstruction conference.
1.5.4 The ARCHITECT shall be a representative of the OWNER during the Construction Phase,
and shall advise and consult with the OWNER. Instructions to the Contractor shall be forwarded
through the ARCHITECT. The ARCHITECT shall have authority to act on behalf of the
OWNER only to the extent provided in this AGREEMENT.
1.5.5 The ARCHITECT shall visit the site to observe the progress and quality of the Work and
to determine if the Work is proceeding in accordance with the Contract Documents.
1.5.6 The ARCHITECT'S visits to the site shall be at intervals appropriate to the stage of
construction, but in no case less than once a week. The ARCHITECT shall record observations
made on each job site visit and shall submit a weekly report to the OWNER. In addition, the
ARCHITECT'S subconsultants shall visit the site at appropriate stages of the Work related to
their area of specialty, shall record observations made on each job site visit and shall submit
reports to the ARCHITECT and the OWNER. At the discretion of the ARCHITECT, the
ARCHITECT'S subconsultants shall also attend those progress meetings.
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1.5.7 Reports, if handwritten, shall be written legibly; typed reports are preferred. Information
reported shall reflect to the best of the ARCHITECT'S or subconsultants' knowledge,
information and belief, the following: trades at work; approximate manpower;
temperature/weather conditions; variations from Contract Documents; defective work; on a
monthly the basis percentage of contract time used compared with percentage of completion of
construction; contract completion date; and other meaningful information. Reports for periods
when no Work is in progress shall state "No Work in Progress."
1.5.8 The ARCHITECT agrees to furnish timely reports to the OWNER and avoid late reports.
A late report is defined as a report on a given week's activities which is not available to the
OWNER or postmarked within five (5) days following the meeting.
1.5.9 On the basis of on-site observations the ARCHITECT shall keep the OWNER informed of
the progress and quality of the Work, promptly notify the OWNER of problems or potential
problems, and shall endeavor to guard the OWNER against defects and deficiencies in the Work
of the Contractor.
1.5.10 The ARCHITECT shall at all times have access to the Work wherever it is in preparation A
or progress. .,
1.5.11 The ARCHITECT shall determine the amounts owing to the Contractor based on
observations at the site and on evaluations of the Contractor's Application for Payment, and
recommend approval of payment by OWNER in such amounts, as provided in thc Contract
Documents.
1.5.12 The issuance of an Application for Payment, signed by the ARCHITECT, shall constitute
a representation by the ARCHITECT to the OWNER that the Work has progressed to the point
indicated; that, to the best of the ARCHITECT'S knowledge, information and belief, the quality
of the Work is in accordance with the Contract Documents and that the Contractor is entitled to
payment in the amount certified.
1.5.13 The ARCHITECT shall render interpretations necessary for the proper execution or
progress of the Work with reasonable promptness on written request of either the OWNER or the
Contractor, and shall render written decisions, within a reasonable time, on all claims, disputes
and other matters in question between the OWNER and the Contractor relating to the execution
or progress of the Work or the interpretation of the Contract Documents.
1.5.14 Interpretations and decisions of the ARCHITECT shall be in written or graphic form.
1.5.15 The ARCHITECT shall recommend to the OWNER in writing that Work which does not
conform to the Contract Documents be rejected. If in the ARCHITECT'S opinion, special
inspection or testing of the Work is advisable or necessary, the ARCHITECT shall recommend
that the OWNER require such inspection or testing of the Work in accordance with the
provisions of the Contract Documents, whether or not such Work has been fabricated, installed,
or completed.
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1.5.16 The ARCHITECT shall review and approve or take other appropriate action upon
Contractor's submittals such as Shop Drawings, product data and samples, but only for the
limited purpose of checking for conformance with information given and the design concept
expressed in the Contract Documents. The ARCHITECT'S action shall be taken with such
reasonable promptness as to cause no delay in the Work, while allowing sufficient time in the
ARCHITECT'S professional judgment to permit adequate review. Review of such submittals is
not conducted for the purpose of determining the accuracy and completeness of other details such
as dimensions and quantities or for substantiating instructions for installation or performance of
equipment or systems designed by the Contractor, all of which remain the responsibility of the
Contractor to the extent required by the Contract Documents. The ARCHITECT'S review shall
not constitute approval of safety precautions or, unless otherwise specifically stated by the
ARCHITECT, of construction means, methods, techniques, sequences or procedures. The
ARCHITECT'S approval of a specific item shall not indicate approval of an assembly of which
the item is a component. When professional certification of performance characteristics of
materials, systems or equipment is required by the Contract Documents, the ARCHITECT shall
be entitled to rely upon such certification to establish that the materials, systems or equipment
will meet the performance criteria required by the Contract Documents, unless the ARCHITECT
has actual knowledge to the contrary.
1.5.17 The ARCHITECT shall prepare Change Orders for the OWNER'S approval and
execution in accordance with the Contract Documents, and shall have authority to order minor
changes in the Work which are consistent with the intent of the Contract Documents, but do not
involve an adjustment to the Contract Amount or an extension of the Contract Time.
1.5.18 Upon receipt of notification by the Contractor that the Work has been substantially
completed, the ARCHITECT and its subconsultants shall conduct an on-site review and prepare
a list of corrections needed to render the PROJECT substantially completed. After the
Contractor has performed the corrections, the ARCHITECT shall notifY the OWNER in writing
that the Work has been completed and is ready for inspection by the OWNER. The OWNER
will schedule an inspection and the ARCHITECT and its subconsultants shall accompany the
OWNER. The ARCHITECT shall review all warranties, guarantees, bonds, equipment operating
instructions, and similar required material and documents for general compliance with the
Contract Documents and shall present them to the OWNER. After ascertaining that requirements
of the Contract Documents have been met, the ARCHITECT shall prepare and issue a
Certificate of Substantial Completion utilizing AlA Document G704 stating that the PROJECT is
in substantial compliance with the requirements of the Contract Documents.
1.5.19 Upon receipt by the ARCHITECT of written notice that the Work is ready for final
inspection and acceptance and upon receipt of a final Application for Payment from the
Contractor, the ARCHITECT will promptly make an on-site review and, when the Work is
found to be acceptable under the Contract Documents and the Contract fully performed, the
ARCHITECT will promptly sign the final Application for Payment and certifY in writing to
OWNER that the Work has been completed in accordance with the terms and conditions of the
Contract Documents and that final payment is due the Contractor. The ARCHITECT shall
require each engineer who prepares plans for the PROJECT to certifY, at the "appropriate" stage,
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that the Work has been perfonned in accordance with the engineer's plans to the best of their
knowledge.
1.5.20 Upon receipt from the Contractor of details of deviations from Contract Documents,
ARCHITECT shall produce within thirty (30) days record docwnents for the OWNER'S use.
The ARCHITECT cannot and does not warrant the accuracy of the infonnation provided by the
Contractor.
1.5.21 The ARCHITECT shall not have control over or charge of and shall not be responsible for
construction means, methods, techniques, sequences or procedures, or for safety precautions and
programs in connection with the Work, since these are solely the Contractor's responsibility
under the Contract for construction. The ARCHITECT shall not be responsible for the
Contractor's schedules or failure to carry out the Work in accordance with the Contract
Documents. The ARCHITECT shall not have control over or charge of acts or omissions of the
Contractor, Subcontractors, or their agents or employees, or of any other persons perfonning
portions of the Work. Nothing in this subsection is intended to relieve ARCHITECT of liability
for delays occasioned by ARCHITECT, its employees or sub consultants or errors or deficiencies
in the Work or services provided under this AGREEMENT.
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1.6 WARRANTY PERlOD ASSISTANCE
1.6. I Under Basic Services, the ARCHITECT shall assist and represent the OWNER through the
one year warranty period on matters involving malfunctions or deficiencies of the Work. The
ARCHITECT shall communicate with and assist the Contractor as necessary to correct all
deficiencies in a timely manner and to reduce inconvenience to the OWNER during this period.
1.6.2 The ARCHITECT agrees to require its subconsultants to provide their assistance as
necessary during the warranty period stipulated in the preceding Subsection 1.6.1.
1.6.3 The scope of assistance referenced in this Subsection 1.6 shall include, but not be limited
to, the following: (I) Notifying the Contractor of deficiencies or failures in labor and materials
and requesting corrective action; (2) Preparing correspondence and other written data as
necessary to document, clarify, and resolve discrepancies; and (3) Meeting with the Contractor at
the PROJECT site or other local places when requested by the OWNER.
1.6.4 The ARCHITECT shall accomplish an on-site review of the Work accompanied by its
subconsultants approximately one month before the one year anniversary of the date of
Substantial Completion. As a result of this on-site review, he shall prepare a list of items
needing correction and request the Contractor to resolve them. After reviewing the Contractor's
corrective actions and detennining that deficiencies have been corrected, the ARCHITECT shall
so notify the OWNER in writing. This notification by the ARCHITECT does not release the
Contractor from its responsibilities set forth in the Contract Docwnents and shall not be
construed as an implied or express warranty or representation by the ARCHITECT, that the
deficiencies have been corrected or that there are not other deficiencies on the PROJECT.
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1.6.5 Under Basic Services, the ARCHITECT and its subconsultants agree to provide up to a
total of twenty (20) hours for Warranty Period services at site. The ARCHITECT shall provide
accounting for time expended under Basic Services at the time these services are provided.
Additional time for Warranty Period services shall be considered Adclitional Services in
accordance with Subsection 1.8 and paid for in accordance with Subsection 13.3.3.
1.7 PROJECT REPRESENTATION BEYOND BASIC SERVICES
1.7.1 If the OWNER and ARCHITECT agree that more extensive representation at the site than
is described in Subsection 1.5 shall be provided, the ARCHITECT shall provide one or more
PROJECT Representatives to assist the ARCHITECT in carrying out such responsibilities at the
site.
1.7.2 Such PROJECT Representatives shall be selected with the written approval of the
OWNER, employed and directed by the ARCHITECT, and the ARCHITECT shall be
compensated therefore as mutually agreed between the OWNER and the ARCHITECT.
1.7.3 Through the observations by such PROJECT Representatives, the ARCHITECT shall
endeavor to provide further protection for the OWNER against defects and deficiencies in the
Work, but the furnishing of such PROJECT representation shall not modify the rights,
responsibilities or obligations of the ARCHITECT as described in Subsection 1.5.
1.8 ADDITIONAL SERVICES
The following Services are not included in Basic Services unless so identified in Section 14.
Additional Services shall be provided if authorized or confirmed in writing by the OWNER, and
shall be paid for by the OWNER as provided in this AGREEMENT, in addition to the
compensation for Basic Services. Additional Services authorized by the OWNER shall form an
attaclunent to this AGREEMENT, and all applicable articles of the AGREEMENT shall apply to
the Additional Services authorization. If ARCHITECT identifies a need for Additional Services,
a proposal for these services shall be submitted for OWNER'S consideration within ten (10)
working days of the identified need. Any provision in this AGREEMENT to the contrary
notwithstanding, OWNER shall have no obligation to pay for Additional Services of Architect,
or any subconsultant, which are not identified to OWNER and agreed upon by OWNER,
including the compensation for the same, in writing, prior to commencement of the Additional
Services.
1.8.1 Providing Detailed Estimates of Construction Cost, analyses of owning and operating
costs, or detailed quantity surveys or inventories of material, equipment and labor.
1.8.2 Providing interior design and other similar services required for or in connection with the
selection, procurement or installation of furniture, furnishings and related equipment, other than
those services included in Subsections 1.0.9 and 1.1.1.
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1.8.3 Preparing Drawings, Specifications and supporting data and providing other services in
connection with Change Orders, providcd such Change Orders are required by causes not within
the control of the ARCHITECT.
1.8.4 Making revisions in Drawings, Specifications or other documents when such revisions are
required by the enactment or revision of codes, laws or regulations subsequent to the preparation
of such documents.
1.8.5 Providing design services of subconsultants for other than normal architectural; structural,
mechanical, electrical, plumbing and roofing; sustainability; and landscape architectural services
for the PROJECT.
1.8.6 Providing any other services not otherwise included in this AGREEMENT or not
customarily furnished in accordance with generally accepted, regional architectural practice
including but not limited to the following items:
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Land feasibility studies.
Engineering of and coordination of off-site construction.
Special subconsultant services (environmental, archaeological, acoustical,
asbestos removal, hydrological, traffic, computer and audio/visual design,
etc.)
Legal proceedings, except where the ARCHITECT is a party thereto.
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1.8.7 Making revisions in Drawings, Specifications or other documents when such revisions are
inconsistent with or contradict prior approvals or instructions given to the ARCHITECT by the
OWNER in previous phases, except where such revisions are pursuant to Subsection 1.3.11 or
Subsection 3.5, Responsibility for Fixed Construction Budget, of this AGREEMENT.
SECTION 2 - OWNER'S RESPONSIBILITIES
2.1 The OWNER shall provide information regarding requirements for the PROJECT including
a statement of goals and objectives for the PROJECT (including any special characteristics),
operational program narrative, and description of unique requirements of functions or equipment.
2.2 The OWNER, with assistance from ARCHITECT, shall provide a Fixed Construction
Budget for the PROJECT.
2.3 The OWNER shall furnish the services of a civil engineer or other consultants when such
services are deemed necessary by the ARCHITECT and OWNER.
2.4 The OWNER shall furnish the services of soil engineers or other consultants when such
services are deemed necessary by the ARCHITECT and OWNER. Such services shall include,
as deemed necessary, test borings, test pits, soil bearing values, percolation tests, air and water
pollution tests, ground corrosion and resistivity tests, including necessary operations for
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determining subsoil, alr and water conditions, with reports and appropriate professional
recommendations.
2.5 The OWNER shall review the Construction Documents and return marked up Construction
Documents (or separate critique list) to the ARCHITECT.
2.6 The OWNER shall furnish required information and services and shall render approvals and
decisions within a reasonable time so as not to delay the services of the ARCHITECT and of the
Work.
2.7 The OWNER, to assist the ARCHITECT in responding promptly, shall require the
Contractor to make submissions in an orderly manner and not allow the submissions to
accumulate prior to submission to the ARCHITECT.
2.8 The OWNER shall assist ARCHITECT in gaining entry to public and private property as
may be required by the ARCHITECT in performance of their services under this AGREEMENT.
2.9 The OWNER shall bear all costs incident to compliance with the requirements of this
Section 2.
SECTION 3 - FIXED CONSTRUCTION BUDGET
3.1 The Fixed Construction Budget shall be the total cost or estimated cost to the OWNER of all
elements of the PROJECT designed or specified by the ARCHITECT.
3. 2 The Fixed Construction Budget shall include the cost at current market rates of labor and
materials furnished by the OWNER and equipment designed, specified or specially provided for
by the ARCHITECT, plus a reasonable allowance for the Contractor's overhead and profit. In
addition, a reasonable allowance for contingencies shall be included for market conditions at the
time of bidding.
3.3 The Fixed Construction Budget shall be established by the ARCHITECT and approved by
the OWNER and shall be adjusted only by written approval of the OWNER.
3.4 Fixed Construction Budget shall not include the compensation of the ARCHITECT and the
ARCHITECT'S subconsultants, the cost of the land, rights-of-way, or other costs which are the
responsibility ofthe OWNER as provided in Section 2.
3.5 RESPONSIBILITY FOR FIXED CONSTRUCTION BUDGET
3.5.1 To accommodate the Fixed Construction Budget, the ARCHITECT shall determine what
materials, equipment, component systems and types of construction are to be included in the
Contract Documents, may make reasonable adjustments in the scope of the PROJECT, and may
include in the Bid Documents alternative bids.
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3.5.2 If the Fixed Construction Budget is exceeded by the lowest bona fide bid, the OWNER
shall either (1) give written approval of an increase in such fixed limit, (2) authorize rebidding of
the PROJECT within a reasonable time, (3) abandon the PROJECT, or (4) cooperate in revising
the PROJECT scope and quality as required to reduce the construction cost. In the case of (4),
the ARCHITECT, without additional charge, shall modify the Drawings and Specifications as
necessary to comply with the Fixed Construction Budget. ARCHITECT shall use its best efforts
to complete such modifications as soon as possible after the date the bids are opened, but in no
event later than 30 days after such date, unless an alternate time is agreed upon by ARCHITECT
and OWNER in writing. If ARCHITECT fails to complete the modification by the required date,
OWNER shall have, in addition to any other rights and remedies provided in this AGREEMENT,
the right to assess liquidated damages as provided in Subsection 4.10 of this AGREEMENT.
3.5.3 Should the ARCHITECT prepare documents for alternative bids as a means to keep the
PROJECT cost within the Fixed Construction Budget of the AGREEMENT, compensation shall
remain at the established fee amount irrespective of the outcome of bids. In the event the base
bid is not within the Fixed Construction Budget, Subsection 3.5.2 of this AGREEMENT shall
govern. Should the OWNER accept the base bid and alternative bid(s), compensation to the _
ARCHITECT shall be based upon the established fee amount. _
3.5.4 Should the ARCHITECT, at the OWNER'S request, prepare documents for alternative
bids for Work that the ARCHITECT advises is not within the Fixed Construction Budget, the
OWNER shall compensate the ARCHITECT for preparing Bid Documents for those alternatives
in accordance with the following: (I) If the cost of the alternatives requested by the OWNER is
bid within the Fixed Construction Budget, the ARCHITECT'S established fee amount shall
remain unchanged, (2) if a portion of the cost of the alternatives requested by the OWNER falls
within the Fixed Construction Budget, the OWNER shall negotiate a reasonable fee to be paid to
the ARCHITECT for the remaining portion of the alternatives beyond the Fixed Construction
Budget, and (3) if the cost for the alternatives requested by the OWNER fall beyond the Fixed
Construction Budget, the OWNER shall negotiate a reasonable fee to be paid to the
ARCHITECT for its services on those alternatives.
SECTION 4 - PRODUCTION SCHEDULE
The ARCHITECT agrees to complete phases of services described in Subsections I.l through
1.6 of this AGREEMENT as stipulated, and will endeavor to meet this specific number of
calendar days per Phase, in accordance with the following schedule, but shall complete all phases
per Subsection 4.4.
4.1 SCHEMATIC DESIGN PHASE: The ARCHITECT shall commence the provision of _
services upon receipt of written authorization from the OWNER to proceed with this phase of the _
services as described in Subsection 1.1 of this AGREEMENT and agrees to complete all services
required in sixty (60) calendar days. Owner shall have twenty-one (21) days after submittal to
Owner to review the same.
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4.2 DESIGN DEVELOPMENT PHASE: The ARCHITECT shall commence the provision
of services upon receipt of written authorization from the OWNER to proceed with this phase of
the services as described in Subsection 1.2 of this AGREEMENT and agrees to complete all
services required in ninety (90) calendar days. Owner shall have fourteen (14) days after
submittal to Owner to review the same.
4.3 PRELIMINARY PHASE (Schematic Design combined with Design Development): The
ARCHITECT shall commence the provision of services upon receipt of written authorization
from the OWNER to proceed with this phase of the services (which combines responsibilities
under Subsections 1.1 and 1.2 of this AGREEMENT) and agrees to complete all services
required in one hundred fifty (150) calendar days. Owner shall have thirty-five (35) days after
submittal to Owner to review the same.
4.4 CONSTRUCTION DOCUMENTS PHASE: The ARCHITECT shall commence the
provision of services upon receipt of written authorization from the OWNER to proceed with this
phase of the services as described in Subsection 1.3 of this AGREEMENT and agrees to
complete all services required in sixty (60) calendar days. Owner shall have fourteen (14) days
after submittal to Owner to review the same.
4.5 The total calendar days authorized for this PRODUCTION SCHEDULE are two hundred
ten (210). Owner shall have forty-nine (49) days after submittal to Owner to review the same,
exclusive of the days described under Subsection 4.9.
4.6 Should the OWNER sustain actual damages as a result of failure of the ARCHITECT to
furnish services in compliance with this PRODUCTION SCHEDULE described in this Section 4
and subsequent approved extensions in accordance with Subsection 4.7, the ARCHITECT agrees
to compensate the OWNER for the cost of such damages, itemized costs of which shall be
provided to the ARCHITECT by the OWNER. The OWNER agrees to provide the
ARCHITECT written notification of such damages as the cost is being incurred.
4.7 The ARCHITECT shall not be liable or responsible for OWNER delays or postponements.
If the ARCHITECT is delayed through no fault of its own, written time extension requests may
be submitted to the OWNER, and the OWNER, through its review of these requests, may
approve them. These requests shall be reviewed only if submitted to OWNER within thirty (30)
days from the discovery by the ARCHITECT of any event that would cause the PRODUCTION
SCHEDULE to be extended.
4.8 Should the ARCHITECT fail substantially to provide services in compliance with this
PRODUCTION SCHEDULE and subsequent approved time extensions, OWNER may elect to
invoke Section IS of this AGREEMENT.
4.9 Time required by the OWNER to review and return documents to the ARCHITECT
following their submittal during and after each phase shall be in addition to the time described in
Subsections 4.1 through 4.4.
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4.10 In that additional time will be required by the OWNER to administer the PROJECT beyond
the specified PRODUCTION SCHEDULE and in that actual damages would be difficult if not
impossible to ascertain, the ARCHITECT and OWNER agree that Two Hundred Fifty dollars
($250) per day approximates the actual costs to the OWNER resulting from the ARCHITECT'S
failure to meet the PRODUCTION SCHEDULE, and the ARCHITECT agrees that the OWNER
may withhold said amount per day as liquidated damages for such delay, and not as a penalty,
from any compensation due the ARCHITECT pursuant to this AGREEMENT.
SECTION 5 - EXPENSES
5.1 All expenses incurred by ARCHITECT and ARCHITECT'S employees and subconsultants
in connection with the PROJECT are included in the ARCHITECT'S Fee and will not be
separately reimbursable. These expenses include, but are not limited to:
5.1.1 Transportation and living expenses in connection with out of town travel; long distance
communications.
5.1.2 Reproduction expenses for final drawings and specifications required for bidding, files of e
ARCHITECT, Contractor, and OWNER, and other parties approved by the OWNER.
5.1.3 Expenses of renderings, models and mock-ups.
5.1.4 Expense of reproducing record drawings for the OWNER on sepia mylars or plastic film.
5.1.5 Reproduction expense for drawings, specifications and other documentation required for
submission to utility owners and governmental authorities (other than OWNER) having
jurisdiction over the PROJECT.
SECTION 6 - PAYMENTS TO THE ARCHITECT
6.1 PAYMENTS ON ACCOUNT OF BASIC SERVICES
6.1.1 Payments for Basic Services shall be made monthly in proportion to services performed
within each Phase of services, on the basis set forth in Section 13.
6.2 PAYMENTS ON ACCOUNT OF ADDITIONAL SERVICES AND REIMBURSABLE
EXPENSES
6.2.1 Payments on account ofthe ARCHITECT'S Additional Services as defined in Subsection
1.8 may be made once monthly upon presentation by ARCHITECT of a statement of Additional
Services rendered and/or expenses incurred; each statement shall have invoices, time sheets, and
other evidence of expense as requested by the OWNER.
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6.3 PAYMENTS WITHHELD
The OWNER may withhold, amend, or nullify any request for payment by the ARCHITECT
under conditions that include those described in Subsections 6.3.1 through 6.3.9 below.
6.3.1 OWNER'S receipt of evidence that the ARCHITECT'S subconsultants have not been duly
paid for their services in connection with this PROJECT subsequent to the OWNER having
disbursed compensation to the ARCHITECT in consideration of and stemming from efforts
extended by the subconsultants.
6.3.2 OWNER'S discretion to withhold a portion of the ARCHITECT'S fee in connection with
Construction Phase Services until the ARCHITECT has reviewed at the job site the Contractor's
list of Work items needing correction or completion to render the PROJECT completed in
accordance with Contract Documents.
6.3.3 Losses incurred by the OWNER as a result of failure of the ARCHITECT to render any
service required by this AGREEMENT within a reasonable time period. The ARCHITECT
agrees to negotiate the amount ofloss to the O\VNER, itemized costs of which shall be provided
to the ARCHITECT by the OWNER. The OWNER agrees to provide the ARCHITECT written
notification of such damages as the cost is being incurred.
6.3.4 Failure of the ARCHITECT to submit timely records of PROJECT conference proceedings
as specified in Subsection 1.0.6.
6.3.5 Failure of the ARCHITECT to submit timely weekly reports of its job site observations
containing detailed information as specified in Subsection 1.5.6.
6.3.6 Failure of the ARCHITECT to provide updated record drawings within 30 days after
details of deviations from Contract Documents have been provided to the ARCHITECT by the
Contractor.
6.3.7 Failure of the ARCHITECT to design for compliance with applicable local, State or
federal laws as specified in Subsection 1.3.1, such that subsequent compliance costs exceed
expenditures which would have been involved had services been properly executed by the
ARCHITECT.
6.3.8 Failure of the ARCHITECT to make final modifications to original Construction
Documents subsequent to the OWNER having provided marked up Construction Documents (or
separate critique list) to the ARCHITECT prior to bidding, and failure of the ARCHITECT to
return marked up Construction DOcuments to the OWNER.
6.3.9 Losses incurred as a result of defects, deficiencies, errors and omissions in the design,
working drawings, specifications or other documents prepared by the ARCHITECT to the extent
that the financial losses are greater than the OWNER would have originally paid had there not
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been defects, errors and omiSSions in the documents. The ARCHITECT shall financially
participate in the OWNER'S financial losses.
6.3.10 ARCHITECT'S breach of an obligation under this AGREEMENT which continues past
any cure period required by this AGREEMENT or provided by OWNER.
6.4 PAYMENT ON ACCOUNT OF PROJECT SUSPENSION OR TERMINATION
6.4.1 If the PROJECT is suspended or abandoned in whole or in part for more than three
months, the ARCHITECT shall be compensated for all services performed prior to receipt of
written notice from the OWNER of such suspension or abandonment, together with
Reimbursable Expenses then due. If the PROJECT is resumed after being suspended for more
than three months, the ARCHITECT'S compensation may be equitably adjusted through
negotiation.
SECTION 7 - ARCHITECT'S ACCOUNTING RECORDS
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7.1 The ARCHITECT agrees to maintain appropriate accounting records of costs, expenses, and
payrolls of employees working On the PROJECT for a period of three years after final payment
for completed services and all other pending matters concerning this AGREEMENT have been
closed. The ARCHITECT further agrees that the OWNER shall have access during normal
business hours to any and all books, documents, papers and records of the ARCHITECT which
are directly pertinent to the services to be performed under this AGREEMENT for the purposes
of making audits and examinations.
SECTION 8 - OWNERSHIP AND USE OF DOCUMENTS
8.1 Original Drawings and Specifications shall remain the property of the ARCHITECT. The
OWNER shall be provided high quality mylar copies and digital computer document copies on
CD-ROM, or On 1.4 ME computer diskettes with OWNER'S approval, of updated record
drawings and reproducible copies of specifications per Subsection 1.5.20; the cost of which shall
be paid as specified in Subsection 5.1.4.
8.2 The ARCHITECT agrees that items such as plans, drawings, photos, designs, studies,
specifications, schedules, technical reports, or other work products which is/are specified to be
delivered under this AGREEMENT, and which is/are to be paid for by the OWNER, is/are
subject to the rights of the OWNER in effect on the date of this AGREEMENT. These rights
include the right to use, duplicate and disclose such items in whole or in part, in any manner and A
for whatever purpose, and to have others do so. If an item produced by the ARCHITECT is _
copyrightable, the ARCHITECT may copyright it, subject to the rights of the OWNER. The
OWNER reserves the royalty-free, non-exclusive and irrevocable license to reproduce, publish,
modifY and use such items and to authorize others to do so. The ARCHITECT shall include in
its subconsultant contracts appropriate provisions to achieve the purpose of this Section 8. It is
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the express understanding that the OWNER is not to use or allow the plans to be used for the
construction of another building without the ARCHITECT's consent.
8.3 All such items furnished by the ARCHITECT pursuant to this AGREEMENT are considered
instruments of its Services in respect to the PROJECT. It is understood that the ARCHITECT
does not represent such items to be suitable for reuse on any other project or for any other
purpose(s). If the OWNER reuses such items without the ARCHITECT'S specific written
verification or adaptation, such reuse will be at the risk of the OWNER, without liability to the
ARCHITECT. Any such verification or adaptation requested by the OWNER may entitle the
ARCHITECT to further compensation at rates agreed upon between the OWNER and the
ARCHITECT.
8.4 Should the ARCHITECT be terminated under this AGREEMENT, the OWNER shall have
the right to continue the PROJECT and to have high quality reproducibles and digital computer
document copies on CD-ROM, or on 1.4 MB computer diskettes, as designated by the OWNER,
of the Drawings, Specifications, or other documents and to have them completed, corrected,
revised or added to by another architect according to Chapter VI of the Registration Law and
Rules of the Texas Board of Architectural Examiners.
8.5 Submission or distribution to meet official regulatory requirements or for other purposes in
connection with the PROJECT is not to be construed as publication in derogation of the
ARCHITECT'S rights.
SECTION 9 - INSURANCE REQUIREMENTS
9.1 The ARCHITECT shall carry insurance in the types and amounts indicated below for the
duration of the AGREEMENT:
9.1.1 Workers' Compensation and Employers' Liability Insurance coverage with limits
consistent with statutory benefits outlined in the Texas Workers' Compensation Act (Title 5,
Subtitle A, Texas Labor Code) and minimum policy limits for Employers Liability Insurance of
$100,000 bodily injury each accident, $500,000 bodily injury by disease policy limit and
$100,000 bodily injury by disease each employee. The ARCHITECT'S policy shall apply to the
State of Texas and include these endorsements in favor of the OWNER:
(a) Waiver of Subrogation, form WC 420304, or equivalent.
(b) 30 day Notice of Cancellation, form WC 420601, or equivalent.
9.1.2 Commercial General Liability Insurance with a minimum combined bodily injury and
property damage per occurrence limit of $750,000 for coverages A & B. The policy shall contain
the following provisions:
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(a) Blanket contractual liability coverage for liability assumed under this
AGREEMENT and all contracts relative to this PROJECT.
(b) Independent Contractors coverage.
(c) OWNER listed as an additional insured, endorsement CG 2010, or equivalent.
(d) 30 day Notice of Cancellation in favor of the OWNER, endorsement CG 0205, or
equivalent.
(e) Waiver of Transfer Right of Recovery Against Others in favor of the OWNER,
endorsement CG 2404.
9.1.3 Business Automobile Liability Insurance for all owned, non-owned and hired vehicles
with a minimum combined single limit of $500,000 per occurrence for bodily injury and property
damage. Alternate acceptable limits are $250,000 bodily injury per person, $500,000 bodily
injury per occurrence and at least $100,000 property damage liability per accident. The policy
shall contain the following endorsements in favor of the OWNER:
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(a) Waiver of Subrogation endorsement TE 2046A, or equivalent.
(b) 30 day Notice of Cancellation endorsement TE 0202A.
(c) Additional Insured endorsement TE 990lB.
9.1.4 Architects' Professional Liability Insurance with a minimum limit of one million dollars
($1,000,000) per claim and in aggregate to pay on behalf of the assured all sums which the
assured shall become legally obligated to pay as damages by reason of any negligent act, error, or
omission committed or alleged to have been committed with respect to plans, maps, drawings,
analyses, reports, surveys, change orders, designs or specifications prepared or alleged to have
been prepared by the assured. The policy shall providc for 30 day notice of cancellation in favor
of the OWNER.
9.2 GENERAL REQUIREMENTS
9.2.1 The ARCHITECT must forward a certificate of insurance to the QWNER before the
AGREEMENT is executed, as verification of coverage required in Subsections 9.1.1 through
9.1.4 above. The ARCHITECT shall not commence services until the required insurance has
been obtained and until such insurance has been reviewed by the OWNER'S Project Manager
and the attorney for Calhoun County. Approval of insurance by the OWNER shall not relieve or
decrease the liability of the ARCHITECT hereunder and shall not be construed to be a limitation
of liability on the part of the ARCHITECT.
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9.2.2 Applicable to all insurance policies: If coverage is underwritten on a claims-made basis,
the retroactive date shall be coincident with or prior to the date of this AGREEMENT and the
certificate of insurance shall state that the coverage is claims made and the retroactive date. The
ARCHITECT shall maintain continuous coverage for the duration of this AGREEMENT and for
not less than twenty-four (24) months following substantial completion of the PROJECT.
Coverage, including any renewals, shall have the same retroactive date as the original policy
applicable to the PROJECT. The ARCHITECT shall, on at least an annual basis, provide the
OWNER with a certificate of insurance as evidence of such insurance.
9.2.3 The ARCHITECT'S insurance coverage is to be written by companies licensed to do
business in the State of Texas at the time the policies are issued and shall be written by
companies with A.M. Best ratings of B+VII or better. The OWNER will accept workers'
compensation coverage written by the Texas Workers Compensation Insurance Fund/Texas
Mutual Insurance Company.
9.2.4 All endorsements naming the OWNER as additional insured, waivers, and notices of
cancellation endorsements as well as the certificate of insurance shall indicate: Calhoun County
c/o Commissioner H. Floyd.
9.2.5 The "other" insurance clause shall not apply to the OWNER where the OWNER is an
additional insured shown on any policy. It is intended that policies required in the
AGREEMENT, covering both the OWNER and the ARCHITECT, shall be considered primary
coverage as applicable.
9.2.6 If insurance policies are not written for amounts specified above, the ARCHITECT shall
carry Umbrella or Excess Liability Insurance for any differences in amounts specified. If Excess
Liability Insurance is provided, it shall follow the form of the primary coverage.
9.2.7 The OWNER shall be entitled, upon request and without expense, to receive certified
copies of policies and endorsements thereto and may make any reasonable requests for deletion
or revision or modification of particular policy terms, conditions, limitations, or exclusions
except where policy provisions are established by law or regulations binding upon either of the
parties hereto or the underwriter on any such policies.
9.2.8 The OWNER reserves the right to review the insurance requirements set forth during the
effective period of this AGREEMENT and to make reasonable adjustments to insurance
coverage, limits and exclusions when deemed necessary and prudent by the OWNER based upon
changes in statutory law, court decisions, the claims history ofthe industry or financial condition
of the insurance company as well as the ARCHITECT.
9.2.9 The ARCHITECT shall not cause any insurance to be canceled nor permit any insurance to
lapse during the term of the AGREEMENT or as required in the AGREEMENT.
9.2.10 The ARCHITECT shall be responsible for premiums, deductibles and self-insured
retentions, if any, stated in policies. All deductibles or self-insured retentions shall be disclosed
on the certificate of insurance.
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9.2.11 The ARCHITECT shall provide the OWNER thirty (30) days written notice of erosion of
the aggregate limits below occurrence limits for all applicable coverages indicated within the
AGREEMENT.
9.2.12 The insurance coverages required under this AGREEMENT are required minimums and
are not intended to limit the responsibility or liability of the ARCHITECT.
SECTION 10 - MISCELLANEOUS PROVISIONS
10.1 This AGREEMENT is performable in Calhoun County, Texas and venue for any litigation
over any aspects of this AGREEMENT shall be in the appropriate courts of Calhoun County,
Texas.
10.2 Terms in this AGREEMENT shall have the same meaning as those III the General
Conditions of the Construction Documents.
10.3 If any word, phrase, clause, sentence or provision of this instrument, or the application of
same to any person or set of circumstances is for any reason held to be unconstitutional, invalid
or unenforceable, that finding shall only effect such word, phrase, clause, sentence or provision,
and such finding shall not effect the remaining portions of this instrument; this being the intent of
the parties in entering into this instrument; and all provisions of this instrument are declared to be
severable for this purpose.
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10.4 The ARCHITECT hereby expressly agrecs to indemnify and hold harmless the OWNER,
and its officers, agents and employees, from and against all claims, demands, costs, causes of
action, and liability, including reasonable attorney's fees for the defense of such claims and
demands, to the extent caused by or arising out of the negligent performance of services in
connection with this AGREEMENT by ARCHITECT, its officers, agents, employees,
subconsultants, and parties with whom it contracts.
10.5 NOTICES
10.5.1 Any and all notices under this AGREEMENT shall be in writing and shall be delivered to
the party entitled to receive the same by hand or U.S. Certified Mail, return receipt requested,
addressed as follows (or as amended in writing in the future):
Mailed Notices to OWNER:
Calhoun County Precinct 3
24627 State Hwy. 172
Port Lavaca, Texas 77979
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Attn.: Commissioner H. Floyd
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Hand Delivered Notices to OWNER:
Calhoun County Precinct 3
24627 State Hwy. 172
Port Lavaca, Texas 77979
Attn.: Commissioner H. Floyd
Mailed Notices to ARCHITECT:
Pfluger, Wiginton, Hooker, P.L.L.C.
9696 Skillman Street, Suite 255
Dallas, Texas 75243
Hand Delivered Notices to ARCHITECT:
Pfluger, Wiginton, Hooker, P.L.L.C.
9696 Skillman Street, Suite 255
Dallas, Texas 75243
10.5.2 Mailed notice shall be effective three (3) days after such notice is mailed by Certified
Mail with return receipt requested, properly addressed as set forth above. Hand delivered notice
shall be effective when received and acknowledged by signed receipt.
SECTION 11 - SUCCESSORS AND ASSIGNS
11.1 The OWNER and the ARCHITECT bind themselves, their partners, successors, assigns
and legal representatives to the other party to this AGREEMENT with respect to all covenants of
this AGREEMENT. Neither the ARCHITECT nor the OWNER shall assign, sublet or transfer
any interest in this AGREEMENT without the prior written consent of the other party.
SECTION 12 -EXTENT OF AGREEMENT
12.1 This AGREEMENT represents the entire and integrated agreement between the OWNER
and the ARCHITECT and supersedes all prior negotiations, representations or agreements, either
written or oral. This AGREEMENT may be amended only by written instrument signed by both
OWNER and ARCHITECT.
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SECTION 13 - BASIS OF COMPENSATION
The QWNER shall compensate the ARCHITECT for the Scope of Services provided, in
accordance with Section 6, PAYMENTS TO THE ARCHITECT, and the other Terms and
Conditions ofthis AGREEMENT, as follows:
13.1 No initial payment shall be paid to the ARCHITECT prior to rendering services.
13.2 BASIC COMPENSATION
13.2.1 For Basic Services, as described in Subsections 1.1 through 1.6, and any other services
included in Section 14 as part of Basic Services, Basic Compensation shall be compensated on
the basis of7-7/8% basic fee plus 1/2% reimbursable expense, for a total of 8-3/8% of the actual
cost of construction work included in the Fixed Construction Budget, which shall include all
labor, overhead, and profit necessary to perform the requested services, and all expenses.
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13.2.2 Payments for Basic Services shall be made such that Basic Compensation for each Phase _
shall equal the following percentages of the total Basic Compensation payable: ..
Schematic Design Phase:
Design Development Phase:
Construction Documents Phase:
Bidding Phase:
Construction Phase:
fifteen percent (15%)
twenty percent (20%)
thirty-five percent (35%)
ten percent (l 0%)
twenty percent (20%)
13.2.3 Progress payments within each Phase (excluding Bidding and Warranty) may be made
monthly by the OWNER subsequent to payment request by ARCHITECT. The Bidding Phase
payment shall be a one time payment at the completion of the phase. The final payment to
Architect at the Construction Phase shall include all payments for Warranty Period services.
Additional time beyond the hours described in Subsection 1.6.5 shall be considered Additional
Services in accordance with Subsection 1.8 and shall be paid for in accordance with Subsection
13.3.3.
1 " ARCHITECT UNDERSTANDS THAT THE SOLE SOURCE TO PA
COMPE ION OF THE ARCHITECT WILL BE FROM THE P S OF
PUBLIC FIN G TO BE SOUGHT BY OWNER. ANY P ON IN THIS
AGREEMENT TO E CONTRARY NOTWI DING, OWNER'S
OBLIGATION TO PAY HITECT FOR SERVICES UNDER THIS
AGREEMENT IS CONTINGENT 0 VAL, CLOSING AND FUNDING OF
THE CERTIFICATES OF OBLIGA ONDS THAT THE OWNER PROPOSES
TO ISSUE. ARCHITECT U RSTANDS TH WILL ONLY BE PAID SUMS
DUE TO THE ARCH T FOR THIS PROJECT FR UNDS PLACED IN THE
CONSTRUCTI NDS FOR THIS PURPOSE FROM TH OCEEDS OF THE
CERTI ES OF OBLIGATION OR BONDS AND RELEASED I MENT OF
ECT EXPENSES. ARCHITECT HAS AGREED TO PROVIDE THE IAL
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GARDLESS OF THIS CONTINGEN E UNDERSTANDING
ARCHITE N BLIGATED TO PERFORM SERVICES
BEYOND THE INI RVICES FOR SUCH FURTHER
BEEN APPROVED, CLOSED AND FUNDED.
13.3 COMPENSATION FOR ADDITIONAL SERVICES
13.3.1 Payment to the ARCHITECT in compensation for services rendered in connection with
Change Orders may deviate from the percentage of fee to Fixed Construction Budget. Such
payment may be less or more than the fee percentage depending upon the extent of services
involved with the Change Orders; payment shall be negotiable.
13.3.2 FOR PROJECT REPRESENTATION BEYOND BASIC SERVICES as described in
Subsection 1.7, compensation shall be made as an Additional Service.
13.3.3 FOR ADDITIONAL SERVICES OF THE ARCHITECT AND SUB CONSULTANTS
and any other services included in Section 14 as part of Additional Services, Compensation shall
be computed in accordance with the schedule shown On Attachment "A" hereto which is
incorporated herein, with an agreed upon not-to-exceed amount. Any provision in this
AGREEMENT to the contrary notwithstanding, OWNER shall have no obligation to pay for
Additional Services of Architect, or any subconsultant, which are not identified to OWNER and
agreed upon by OWNER, including the compensation for the same, in writing, prior to
commencement of the Additional Services.
13.3.3.1 Principals may bill at the hourly rate of Principals only when acting in that capacity.
Principals acting in the capacity of staff shall bill at staff rates.
13.3.3.2 In-transit time for approved out-of-town travel shall be computed at one-half of the
approved hourly rates.
13.3.4 FOR ADDITIONAL SERVICES OF SUBCONSULTANTS, including additional
structural, mechanical (including plumbing), electrical and civil engineering; roofing; and
landscape architectural services; or those identified in Section 14 as part of Additional Services,
a multiple of one and ten hundredth (1.1 0) times the amounts billed to the ARCHITECT for such
services will be paid.
13.4 Expenses incurred by ARCHITECT, ARCHITECT'S employees and subconsultants shall
be included in the fees, and shall not be separately reimbursable.
13.5 The OWNER and the ARCHITECT agree in accordance with the Terms and Conditions of
this AGREEMENT that:
13.5.1 If the scope of the PROJECT or if the ARCHITECT'S Services are changed materially,
compensation shall be equitably adjusted through negotiation.
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13.5.2 If the services covered by this AGREEMENT have not been completed within thirty-two
(32) months of the date hereof, through no fault of the ARCHITECT, the amounts of
compensation, rates and multiples set forth herein may be adjusted through negotiation.
13.6 PERIOD OF SERVICE
13.6.1 This AGREEMENT shall remain in force for a period required for the completion of the
PROJECT including required extensions thereto and Warranty Period services, or the completion
of the services required to be performed hereunder, whichever is later, unless terminated by any
of the several provisions contained elsewhere in this AGREEMENT.
SECTION 14 - OTHER CONDITIONS OR SERVICES
None.
SECTION 15 - TERMINATION OF AGREEMENT
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15.1 This AGREEMENT may be terminated by either party upon seven days written notice
should the other party fail substantially to perform in accordance with its terms through no fault
of the party initiating the termination. The right to terminate provided in this Section 15, and any
other rights provided to OWNER by this AGREEMENT, are in addition to all other rights and
remedies available at law or in equity, such rights and remedies being cumulative, and not
exclusive.
15.2 This AGREEMENT may be terminated by the OWNER upon at least seven days written
notice to the ARCHITECT in the event that the PROJECT is abandoned or indefinitely
postponed.
15.3 This AGREEMENT may be terminated at the OWNER'S convenience, without fault by
Architect, upon seven days written notice; in which event, the ARCHITECT shall be
compensated for all services performed to termination date, in accordance with Subsection
13.2.1. The OWNER shall retain the right to continue the PROJECT consistent with Subsection
8.4 only if ARCHITECT is in default of services and this AGREEMENT.
This AGREEMENT is executed to be effective upon the date of the last party to sign.
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OWNER:
ARCHITECT:
CALHOUN COUNTY, TEXAS
By:4~
B"~
Printed Name: H. Floyd
Title: County Commissioner
Date: 02--':?' - D-a.
Printed Name: iF(c/.V!G A. Hrvylf,€.
Title: Vie;:: f"JZ./e.~~
Date: ~/0/()3
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The Texas Board of Architectural Examiners, 333 Guadalupe, Suite 2-350, Austin, Texas
78701-3942, telephone (512) 305-9000, has jurisdiction over individuals licensed under the
Architect's Registration Law, Texas Civil Statutes, Article 249a.
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Attachment "A"
'..,GURL Y RATE OF PRlNClPAUS1- AR.rmTECT:
S..Llf.? -
PRlNCIPAL(S):
TEXAS REGISTRATION Nl'MBER:
~ Q. WIG.lJ.J-mJ../.,.A I A
/<l5f..Ir ^,115J,fAI./N~A 14
'11!r?MAS A.~ . AI,+
I'
S'lPl3
/fI.!5't,te,
'2>197
PToject Alchitect $Ieclhr.
CAD Teclmician $7dhr.
Clerical $~hr,
Other C. ) 1.I/'f15,(/4<&1!JGI(#/l!,'(. $'i'cllhr.
BOLRLY RATE OF PRINClPAUSl - SUBCONS1Jl.TANTS:
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STRUCTl1Ri\L SUBCONSULT ANT: firm name JAr.~. QVIJ.li;tV'/IU-A
HOCR.LYRATEOFPRINCIPAL(S) $ /50
PRl'iClPAL(S): TEXAS REGlSTRAT10N NUMBER
_----5Ll5rH/I!I.J U.){./"I' "':U/~
Projel:t Engineer
CAD Technician
Clerical
Other ( f'jt(OJ$;1" M~.
$~hr.
S '-S7hr.
54J7hr
SII.sihr.
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.
IIMG I ~/,+~
MECHA- 'iICAlIELECTRICALiPLUMBING SUBCONSULTANT: firm name
HOURL Y RATE OF PRL"iClPAL(S): S 140
PRINCfPAL(S
NlTMBER:
):
~~~:f,::~,~
Pwject Engineer
CAD 1 echnici:m
Clenca]
Other(~_~~
TEXAS
REGISTRATLON
eAfYIY_
5" tJ..h~
$/20/hr .
S bo/hr.
S f0/hr.
$'i'~hr.
CIViL ENGINEERING SUBCONSTcLTANT:
(irm nal?J!Lt?2j;~ Ut:ilN~
HOURLY RATE OF PRINCrPAL(S): $
see Atrt"ClfW
PRlNCIPAL(Sj
Project Engllleer
Engincer101g TcclmlciaJl
CAD Te:c~lOician
Reglstered Public Surveyor
Survey Technician
Survey Field Crew
Clerical
Otr.cr L _J
TEXAS REGISTRATION NUMBER:
$ fnr.
S /hr.
S Illr
$ /hr
$ Ihr.
$ Ihr
5 /hr.
$ fhr.
PAVlI? ~Uen;. t1$1A
LANDSCAPE ARCHITECTURE SUBCONSULTANT: firm.!l_'!.fJL"---..
HOURLY RATE OF PRINCrPAL(S): $ 7'5
PRR';CIPAL(S): TEXAS REGISTRATJON NUMBER:
-f<,q.V10.~~(/"'.H ~o/
LaIlJsc8.p~ Ardlitect
CAD Tedullcian
S /hr.
S fhr.
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205 W. Live Oak
Port Lavaca. Texas 77979 (361) 552-4509 "ax (361) 552.4987
INnTVID [J A L R A 1! SCHlfD!.ILE
(:Ene~LiveJ4%l.ltfl1' 1.200 - .~mbcr31,2tJQ3)
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OFFWJ" PERSONNEL
&gis-ter~d Profel:s:ianal Engineer
Staff Engineer
Registered Public Surveyor
Project Coordlnitor (Dependent on Job Rt!qui/"tlments)
Design C.ool'ditltlcor
Surveying Coordinelor
Engineering Tecnnicia.,
Engineering Designer
("...ons(ructlon JOipeclOr
Computer Technician
Engineering Assiitant
Draflomen
SecretarY
Resident Inspection (Dependent On Job ReCJuirem~m~)
GPS PF:R.~ONNEL AND EOUIPMRNl'
GPS Operator
Ba.sc Attendant
4800 Trimble Taral Slation (Ba5~ and One Rover)
4&00 Trimbl~ To~J St~tion (Base and. Two Rovers)
"l'ml Tl SURVEY CREWS
Two ;..,hn Survey Crew
Three Man SuJ....'ey Crew
Four Man Survey Crew
\'FHlCLE & EQUlPMf:NT
Passengc:r Yc:hlcle
Survey Vehicle
F OUr- 'Wheel A TV
16' Alumi.num Survey Boat
1(' Aluminum SUr'V'ey Bo.:n
Dif:ltal CFJlnr:ra
$.l45IMil.
$.34SlMil.
$175.00/Oay
$22~.OOID.y
$17~.OO/Dey
$ l~.OO/D.y
$99.S0IHr.
$70.501Hr.
SB5.501Hr.
$70.00. 599.50fHr.
S62.00/fu.
556.50/Hr.
S56.50fHr.
S43.2SfHr.
. S41.00fHr.
$38.00/He .
$36,OOlHr.
SJ5.00IHr.
$26.oofHr.
545.00/Hr
522.5O/Hr
$350.00JDay
SS25.0OJDa)'
SSO.OO/Hr.
SIOO.OO/Hr.
$120.00!}k
DrRFCT FXPO'NSF.S
Computer Time
Plot::;
SUIVe:y Stake:i, Lltthes. [ron Rods. and Other DireCt Expt!nses
Reproduction and Printing
Ou:sid~ Conj;ultan~s
NCYTVS
J. FielCl part)' rate~ inr;l'old~ i:l 'h1l'gt for ::lOrmeJ equipmem, and ~upplie.r.. (Fj~Jd new time i:J chargcd ITem depnrrur~ 10
retlJm to its horn, office,) AbncrmaJ US" ofStAI~es.. iath:~. etc. u~ed during thl:! c:onstrUcdoIl pnue of a project ""ill b~
ch.ll~jec AS ir:dicated. IVHleAj;e will be chuged fi)r :rip:; co IUld nom office.
2. A minimum o~~rwo (2) nours field pQ.fty time cnlI',ae will be made for Show-up time ana retlL.--n to o:11ce. resulting from
indemera wt:e.ther coudiriolJs, etc.
3. Field pan;; slcnd.by time wiJl be charged far !he above shown appropria.te nlt~i.
4. When a~thorized b)' the client, overtime premium multiplier of i.5 wilt bt: applied 'to rile billin,e: rote of houri) , per.;::mni:'J
who ",'crk ovel1lme in order to meet a deadIjn~ which cannOl bt.: me: d'Jrin.g normaL hours.
S. r\ppli'i:lilb\e ~a\e3 rwxe:s, if an)'. -will be added [0 thC-Sr. (a:~olI.
$15.00/He.
$ JO.OOfE.ch
Cost + 15%
Prevailing Commercial Rates
C05t -:- 10%
Engineering
Architecture
Pianning
Surveying
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... .-",,- -, .., ~
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Clerical $ Ihr.
Other ( $ 1m.
ROOFING SUBCONSULTANT: firm name HfM.elZr 15116'/Het!JVN'G
HOURLY RATE OF PRlNC!PAL(S): $
PR1'\crPAL(S):
~ A. W/fA;q<y, p.e.
"f4<1"..G o. NHAIeX0
Proj ect Manager
T t'chnici,m
CAD Technician
Clerical
Other (~ MolitrrR(JIG
/2.5
.
TEXAS REGISTRATlON NUMBER:
-~---
$~Ihr.
$ ~71hr.
$4 S7hr.
s~5'Ihr.
$~D/hr.
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SUS1AL"ABUJTY SUBCONSULTANT: iJJm name /Jci /tffUClrt!JI.E.
HOURL Y RA TE OF PRINCLP AL(S): $
PRINCIPAL(S):
PrOject Managcr
CAD Technician
Clerical
Other!
72
TEXAS REGISTR.AnON NUlvIBER;
$ lhr.
S Ihr.
$ Ihr.
$ Ihr.
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INTERJOR DESIG'! SUBCONSUL T ANT: ~l1'1!cr
HOURL Y RATE Of PRL'ICIPAL(S): $
PR.U'\CU' AL(S):
TEXAS REGISTRATlON NlJ1fBER:
------
Interior Designer $ Ihr.
CAD Tecimician $ Ihr.
Clerical $ Ihr.
Qther( ) $ /hr.
OTHER SlJBCONSULTANT: !inl1l1ame
HOURL Y R.}\TE OF PRlNCU'AL(S): S
PRL'IOP ALeS) TEXAS REGISTRATION l\lJMBER:
;\'I"81.j,C:t~lj,,;'Calt1'lUlArrhr.kTlllleIZC',:iilC
4
73
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ANNEX IT FOR C.ALHOUN COUNTY AND CITIES OF PORT LAVACA.
POINT COMFORT AND SEADRIFT
This agenda item was tables on the request of District
Attorney Dan Heard.
UPDATED APPRAISAL FOR PROPERTY LOCATED ON BENAVIDES. LIVE
OAK AND SAN ANTONIO STREETS
Commissioner Balajka discussed the Oscar Roemer property
which is now up for sale and also a lot on Benavides
Street ajoining same. Other lots were recently purchased
from Oscar Roemer and the County Auditor stated the bond
attorney should be consulted regarding this property as
TANs could not be used for the jail.
A Motion was made by Commissioner Balajka and seconded by
Commissioner Floyd to authorize Commissioner Balajka to
move forward to obtain an updated appraisal of the
property located on the corner of Benavides and Live Oak
Street and an additional lot on San Antonio Street.
In discussion, Commissioner Galvan stated he had contacted
the owners of the additional lot.
Commissioners Galvan, Balajka, Floyd, Finster and Judge
Pfeifer all voted in favor.
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BIDS AND PROPOSALS - LAW ENFORCEMENT LIARILITY INSURANCE
A Motion was made by Commissioner Finster and seconded' by
Commissioner Galvan to authorize the County Auditor to
advertise for bids for Law Enforcement Liability Insurance
coverage. Bids to be opened in the County Judge's office
at 10:00 A.M. on Thursday, March 20, 2003 and considered
by Commissioners' Court on Thursday, March 27, 2003.
(Present policy expires April 2, 2003). Commissioners
Galvan, Floyd, Finster and Judge Pfeifer all voted in
favor. (Commissioner Balajka was absent from the room
when this vote was taken.)
Cl\.T.H01JN COUNTY FINANCIAL STATEMENT AUDIT - ENGAGEMENT
LIS.L .n~.K
A Motion was made by Commissioner Floyd and seconded by
Commissioner Finster to approve the engagement of Rutledge
Crain & company to perform the 2002 Calhoun County
financial statement audit at an estimated fee of $22,925
and authorize the County Judge to sign the engagement
letter. Commissioners Galvan, Floyd, Finster and Judge
Pfeifer all voted in favor. (Commissioner Balajka was
absent from the room when this vote was taken.)
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RUTLEDGE CRAIN & COMPANY, PC
CERTIFIED PUBLIC ACCOUNTANTS
2401 Garden Park Court, SUite B
Arlington. Texas 76013
January 27, 2003
Calhoun County, Texas
c/o Ben H. Comiskey, Jr., CPA, County Auditor
County Courthouse Annex
20 I W. Austin
Port Lavaca, TX 77979
We are pleased to confirm our understanding of the services we are to provide Calhoun County, Texas
(the "County") for the year ended December 31, 2002. We will audit the general purpose financial
statements of Calhoun County, Texas as of and for the year ended December 31,2002. We understand
that the financial statements will be presented in accordance with the financial reporting model in effect
prior to that described in GASB Statement No. 34. Also, the document we prepare will include the
following additional information that will be subjected to the auditing procedures applied in our audit of
the general purpose financial statements:
I. Schedule of expenditures offederal awards,
2. GASB required supplementary pension information, and
3. Combining statements by fund type, individual fund or account group statements, supporting
schedules included within the County's comprehensive annual financial report (CAFR).
The document will also include the following additional information that will not be subject to the
auditing procedures applied in our audit of the general purpose financial statements, and for which our
auditors' report will disclaim an opinion:
I. County Auditor's introductory letter.
2. Tables included in the statistical section of the County's CAFR.
Audit Objectives
The objective of our audit is the expression of an opinion as to whether your general purpose financial
statements are fairly presented, in all material respects, in conformity with accounting principles
generally accepted in the United States of America, and to report on the fairness of the additional
information referred to in the first paragraph when considered in relation to the general purpose financial
statements taken as a whole. The objective also includes reporting on~
Internal control related to the financial statements and compliance with laws, regulations, and the
provisions of contracts or grant agreements, noncompliance with which could have a material
effect on the financial statements in accordance with Government Auditing Standards.
Internal control related to major programs and an opinion (or disclaimer of opinion) on
compliance with laws, regulations, and the provisions of contracts or grant agreements that could
have a direct and material effect on each major program in accordance with the Single Audit Act
Amendments of 1996 and OMB Circular A-l33, Audits of States, Local Governments, and Non-
Profit Orrmnizations.
Metro (817) 265-9989
Members:
American Institute of Certified Public Accountants
Texas Society of Cerlltied Public Accountants
Fax (817) 861-9623
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Calhoun County, Texas
January 27, 2003
The reports on internal control and compliance will each include a statement that the report is intended
for the information and use of management, federal awarding agencies, and if applicable, pass-through
entities.
Our audit will be conducted in accordance with auditing standards generally accepted in the United
States of America; the standards for financial audits contained in Government Auditing Standards,
issued by the Comptroller General of the United States; the Single Audit Act Amendments of 1996; and
the provisions of OMB Circular A-l33, and will include tests of accounting records, a determination of
major program(s) in accordance with Circular A-133, and other procedures we consider necessary to
enable us to express such an opinion and to render the required reports. If our opinion on the general
purpose financial statements or the Single Audit compliance opinion is other than unqualified, we will
fully discuss the reasons with you in advance. If, for any reason, we are unable to complete Ihe audit or
are unable to form or have not formed an opinion, we may decline to express an opinion or to issue a
report as a result of this engagement.
Management Responsibilities
Management is responsible for establishing and maintaining internal control and for compliance with the
provisions of contracts, agreements, and grants. In fulfilling this responsibility, estimates and judgments
by management are required to assess the expected benefits and related costs of the controls. The
objectives of internal control are to provide management with reasonable, but not absolute, assurance
that assets are safeguarded against loss from unauthorized use or disposition, that transactions are
executed in accordance with management's authorizations and recorded properly to permit the
preparation of general purpose financial statements in accordance with generally accepted accounting
principles, and that federal award programs are managed in compliance with applicable laws and
regulations and the provisions of contracts and grant agreements.
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Management is responsible for making all financial records and related information available to us. We
understand that you will provide us with such information required for our audit and that you are
responsible for the accuracy and completeness of that information. We will advise you about appropriale
accounting principles and their application and will assist in the preparation of your financial statements,
including the schedule of expenditures of federal awards, but the responsibility for the financial
statements remains with you. That responsibility includes the establishment and maintenance of
adequate records and effective internal control over financial reporting and compliance, the selection
and application of accounting principles, and the safeguarding of assets. Management is responsible for
adjusting the financial statements to correct material misstatements and for confirming to us in the
representation letter that the effects of any uncorrected misstatements aggregated by us during the
current engagement and pertaining to the latest period presented are immaterial, both individually and in
the aggregate, to the general purpose financial statements taken as a whole. Additionally, as required by
OMB Circular A-133, it is management's responsibility to follow up and take corrective action on
reported audit findings and to prepare a summary schedule of prior audit findings and a corrective action
plan.
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Audit Procedures-General
An audit includes examining, on a test basis, evidence supporting the amounts and disclosures in the
financial statements; therefore, our audit will involve judgment about the number of transactions to be
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Calhoun County, Texas
January 27, 2003
examined and the areas to be tested. We will plan and perform the audit to obtain reasonable rather than
absolute assurance about whether the financial statements are free of material misstatement, whether
caused by error or fraud. As required by the Single Audit Act Amendments of 1996 and OMB Circular
A-133, our audit will include test of transactions related to major federal award programs for compliance
with applicable laws and regulations and the provisions of contracts and grant agreements. Because an
audit is designed to provide reasonable, but not absolute assurance and because we will not perform a
detailed examination of all transactions, there is a risk that material errors, fraud, other illegal acts, or
noncompliance may exist and not be detected by us. In addition, an audit is not designed to detect
immaterial errors, fraud, or other illegal acts or illegal acts that do not have a direct effect on the general
purpose financial statements or to major programs. However, we will inform you of any material errors
and any fraud that comes to our attention. We will also inform you of any other illegal acts that come to
our attention, unless clearly inconsequential. We will include such matters in the reports required for a
Single Audit. Our responsibility as auditors is limited to the period covered by our audit and does not
extend to matters that might arise during any later periods for which we are not engaged as auditors.
Our procedures will include tests of documentary evidence supporting the transactions recorded in the
accounts, and may include tests of the physical existence of inventories, and direct confirmation of
receivables and certain other assets and liabilities by correspondence with selected individuals, creditors,
and financial institutions. We will request written representations from your attorneys as part of the
engagement, and they may bill you for responding to this inquiry. At the conclusion of our audit, we will
also require certain written representations from you about the financial statements and related matters.
Audit Procedures-Internal Controls
In planning and performing our audit, we will consider the internal control sufficient to plan the audit in
order to determine the nature, timing, and extent of our auditing procedures for the purpose of
expressing our opinions on the County's general purpose financial statements and on its compliance
with requirements applicable to major programs.
We will obtain an understanding of the design of the relevant controls and whether they have been
placed in operation, and we will assess control risk. Tests of controls may be performed to test the
effectiveness of certain controls that we consider relevant to preventing and detecting errors and fraud
that are material to the general purpose financial slatements and to preventing and detecting
misstatements resulting from illegal acts and other noncompliance matters that have a direct and
material effect on the general purpose financial statements. Tests of controls relative to the general
purpose financial statements are required only if control risk is assessed below the maximum level. Our
tests, if performed, will be less in scope than would be necessary to render an opinion on internal control
and, accordingly, no opinion will be expressed in our report On internal control issued pursuant to
Government Auditing Standards.
As required by OMB Circular A-133, we will perform tests of controls to evaluate the effectiveness of
the design and operation of controls that we consider relevant to preventing or detecting material
noncompliance with compliance requirements, applicable to each major federal award program.
However, our tests will be less in scope than would be necessary to render an opinion on those controls
and, accordingly, no opinion will be expressed in our report on internal control issued pursuant to OMB
Circular A-133.
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Calhoun County, Texas
January 27, 2003
An audit is not designed to provide assurance on internal control or to identify reportable conditions.
However, we will inform the governing body or audit committee of any matters involving internal
control and its operation that we consider to be reportable conditions under standards established by the
American Institute of Certified Public Accountants. Reportable conditions involve matters coming to
our attention relating to significant deficiencies in the design or operation of the internal control that, in
our judgment, could adversely affect the entity's ability to record, process, summarize, and report
financial data consistent with the assertions of management in the general purpose financial statements.
We will also inform you of any nonreportable conditions or other matters involving internal control, if
any, as required by OMB Circular A-133.
Audit Procedures-Compliance
Our audit will be conducted in accordance with the standards referred to in the section titled Audit
Objectives. As part of obtaining reasonable assurance about whether the general purpose financial
statements are free of material misstatement, we will perform tests of the County's compliance with
applicable Jaws and regulations and the provisions of contracts and agreements, including grant
agreements. However, the objective of those procedures will not be to provide an opinion on overall
compliance and we will not express such an opinion in our report on compliance issued pursuant to
Government Auditing Standards.
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OMB Circular A-133 requires that we also plan and perform the audit to obtain reasonable assurance
about whether the auditee has complied with applicable laws and regulations and the provisions of
contracts and grant agreements applicable to major programs. Our procedures will consist of the
applicable procedures described in the OMB Circular A-I33 Compliance Supplement for the types of
compliance requirements that could have a direct and material effect of each of the County's major
programs. The purpose of those procedures will be to express an opinion on the County's compliance
with requirements applicable to major programs in our report on compliance issued pursuant to Ol'vlB
Circular A-133.
Audit Administration, Fees, and Other
We understand that your employees will prepare all cash, accounts receivable, or other confirmations we
request and will locate any invoices selected by us for testing.
At the conclusion of the engagement, we will complete the appropriate sections of and sign the Data
Collection Form that summarizes our audit findings. We will provide an original and print-ready master
of our reports to the County; however, it is management's responsibility to submit the reporting package
(including financial statements, schedule of expenditures of federal awards, summary schedule of prior
audit findings, auditors' reports, and a corrective action plan) along with the Data Collection Form to the
designated federal clearinghouse and, if appropriate, to pass-through entities. The Data Collection Form
and the reporting package must be submitted within the earlier of 30 days after receipt of the auditors'
reports or nine months after the end of the audit period, unless a longer period is agreed to in advance by
the cognizant or oversight agency for audits. At the conclusion of the engagement, we will provide
information to management as to where the reporting packages should be submitted and the number to
submit.
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The workpapers for this engagement are the property of Rutledge Crain & Company, PC and constitute
confidential information. However, we may be requested to make certain workpapers available to a
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Calhoun County, Texas
January 27, 2003
grantor agency pursuant to authority given to it by law or regulation. If requested, access to such
workpapers will be provided under the supervision of Rutledge Crain & Company, PC personnel.
Furthermore, upon request, we may provide photocopies of selected workpapers to a grantor agency.
The grantor agency may intend, or decide, to distribute the photocopies or information contained therein
to others, including other governmental agencies.
The workpapers for this engagement will be retained for a ml11imum of five years after the date the
auditors' report is issued or for any additional period requested by the County's Oversight Agency for
audit. If we are aware that a federal awarding agency, pass-through entity, or auditee is contesting an
audit finding, we will contact the party(ies) contesting the audit finding for guidance prior to destroying
the workpapers.
We expect to begin our audit on approximately April 28, 2003 and to issue our reports no later than
August 15, 2003. Our fee for these services will be at our standard hourly rates which we have
estimated will not exceed $22,925 including $2,665 for preparing and printing the CAFR. Our standard
hourly rates vary according to the degree of responsibility involved and the experience level of the
personnel assigned to your audit Our invoices for these fees will be rendered each month as work
progresses and are payable on presentation. In accordance with our firm policies, work may be
suspended if your account becomes 30 days or more overdue and may not be resumed until your account
is paid in full. If we elect to terminate our services for nonpayment, our engagement will be deemed to
have been completed even if we have not completed our report. You will be obligated to compensate us
for all time expended and to reimburse us for all out-of-pocket costs through the date of termination. The
above fee is based On anticipated cooperation from your personnel and the assumption that unexpected
circumstances will not be encountered during the audit If significant additional time is necessary, we
will discuss it with you and arrive at a new fee estimate before we incur the additional costs.
Government Auditing Standards require that we provide you with a copy of our most recent quality
control review report. Our 200 I peer review report accompanies this letter.
We appreciate the opportunity to be of service to Calhoun County, Texas and believe this letter
accurately summarizes the significant terms of our engagement If you have any questions, please let us
know. If you agree with the terms of our engagement as described in this letter, please sign the enclosed
copy and return it to us.
Very truly yours,
- f ~Ir~
RESPONSE
This letter correctly sets forth the understanding of Calhoun County, Texas
~ ~
BY~-fAJ -
Michael J. ~eif
Title: Calhoun County Judge
Date: 13 February 2003
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~~.._...
L...;;;;; DivisIon for CPA Firms AICPA
GERALD D. NELSON, P.c.
CERTIFIED PU8LIC ACCOUNTAl'rr
3202 CDUNTI' ROAD 414S
CRANFILLS GAP. TEXAS 76637
2S4.S97.0240
FAX2S4-S97.0241
E.MAll: gnelson@hlcomp,nct
WACO OFFICE
600 w. HWY. 6, SUITE 4 \ 2
WACO, TEXAS 76712
254.776.9206
March 7, 2002
To the Shareholders
Rutledge Crain & Company, P.C.
I have reviewed the system of quality control for the accounting and auditing
practice of Rutledge Crain & Company, P.C, (the firm) in effect for the year
ended September 30, 2001. A system of quality control encompasses the firm's
organizational structure and the policies adopted and procedures established to
provide it with reasonable assurance of conforming with professional standards.
The elements of quality control are described in the Statements on Quality
Control Standards issued by the American Institute of Certified Public
Accountants (AICPA). The design of the system and compliance with it are the
responsibility of the firm. My responsibility is to express an opinion on the
design of the system, and the firm's compliance with the system based on my
review.
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My review was conducted in accordance with standards established by t~e Peer
Review Board of the AICPA. 'In performing my review, I obtained an understanding
of the system of quality control for the firm's accounting and auditing practice.
In addition, I tested compliance with the firm's quality control policies and
procedures to the extent I considered appropriate. These tests covered the
application of the firm's policies and procedures on selected engagements.
Because my review was based on selective tests, it would not necessarily disclose
all weaknesses in the system of quality control or all instances of lack of
compliance with it.
Because there ore inherent limitations in t~e effectiveness of any system of
quality control, departures from the system may occur and not be detected. Also,
projection of any evaluation of a system of quality control to future periods is
subject to the risk that the system of quality control may become inadequate
because of changes in conditions, or because the degree of compliance with the
policies or procedures may deteriorate.
In my opinion, the system of quality control for the accounting and auditing
practice of Rutledge Crain & Company, P.C., in effect for the year ended
September 30, 2001, has been designed to meet the requirements of the quality
control standards for an accounting and auditing practice established by the
AICPA and was complied with during the year then ended to provide the firm with
reasonable assurance of conforming with professional standards.
~ lJ. A/u..-" }. c.
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GERALD D. NELSON, P.C.
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TEXAS TASK FORCE ON INDIGENT DEFENSE GRANT
A Motion was made by Commissioner Floyd and seconded by
Commissioner Finster to authorize the County Judge to sign
for and accept the grant from Texas Task Force on Indigent
Defense, agreeing to the terms of the grant, including the
rules and documents adopted by reference in the Task Force
on Indigent Defense's Grant Rules in Title 1, Park 8,
Chaper 173, Texas Administrative Code. Commissioners
Galvan, Balajka, Floyd, Finster and Judge Pfeifer all
voted in favor.
RESOLUTION
INDIGENT DEFENSE GRANT PROGRAM
WHEREAS, under the provisions of the Fair Defense Act, 77th Regular Session, counties arc
eligible to receive financial assistance from the Task Force on Indigent Defense to provide indigent defense
services in the county; and
WHEREAS, this grant program will assist the county in the implementation of the provisions of
the Fair Defense Act and the improvement of the indigent criminal defense services in this counry; and
WHEREAS, Calhoun County Commissioners' Court has agreed that in the event of loss or misuse
of the funds, the Court assures that the funds will be returned in full to the Task Force on Indigent Defense.
NOW THEREFORE, BE IT RESOLVED, and ordered that the County Judge of this county is
designated as the Authorized Official to execute the grant application for the Indigent Defense Expense
Program and all other necessary documcms to accept said grant; and
BE IT FURTHER RESOLVED that the County Judge is designated as the Program Director
and Contact Person for this grant and the County Auditor is designated as the Financial Officer for this
grant.
PASSED AND APPROVED by Commissioners' Court on this 13th day of February, 2003.
APPROVED
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Anita Fricke,
Cathoun County Clerk
By,
~7as:it~
D~t'~'.Y Clerk
81
Task Force on Indigent Defense
Statement of Grant Award
Fonnula Grant
Grant Number:
Grantee Name:
Program Title:
Grant Period:
Grant Award Amount:
212-03-029
Calhoun County
Indigent Defense Services
10/01/2002-9/30/2003
$14,655
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The Task Force on Indigent Defense (Task Force) has awarded the above-referenced grant. The
authorized official named on the grant application must sign this Statement of Grant Award and
retum it to the Task Force by February 16th. The grantee will not receive any grant funds until
this notice is executed and returned to the Task Force.
Standard Grant Conditions:
. The authorized official for the grantee accepts the grant award.
. The authorized official, financial officer, and program director, referred to below as grant
officials, agree to the terms of the grant, including the rules and documents adopted by
reference in the Task Force on Indigent Defense's Grant Rules in Title 1, Part 8, Chapter
173, Texas Administrative Code.
. The grant officials understand that a violation of any term of the grant may result in the Task
Force placing a temporary hold on grant funds, permanently deobligating all or part of the
grant funds, requiring reimbursement for funds already spent, or barring the organizalion
from receiving future grants.
. The indigent defense planes) submitted on behalf of the county shall comply with the
Indigent Defense Grant Program Acknowledgment contained in the formula grant
application. The Task Force will notifY the authorized official if it determines that one or
more of the plans submitted for a county does not comply with the Acknowledgment
requirements. If a new plan or plan amendment addressing the deficient areas of the plan is
not submitted to the Task Force within 45 days ofthe dale the authorized official is notified
of the deficiency, then the Task Force will place a hold on grant funds until the county
complies with the Acknowledgment requirements. If a county fails to comply by the end of
the grant period (September 30,2003) any funds disbursed to the county under the FY 2003
formula grant must be returned to the Task ('.orce.
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The authorized official for this grant program had the read the preceding and indicates agreement
by signing this Statement of Grant Award below:
, tl~
/r~J{ '/',
Signature of %litho zed Official
Michael J. Pfeifer, Calhoun County Judge
Name & Title (must print or type)
13 February 2003
Date
TEXAS TASK FORCE ON INDIGENT DEFENSE GRANT - DESIGNATE
PROGRAM DIRECTOR AND CONTACT PERSON AND FINANCIAL OFFICER
A Motion was made by Commissioner Finster and seconded by
Commisisoner Floyd to designate the County Judge as
Program Director and contact person for the Texas Task
Force on Indigent Defense Grant and designate the County
Audi~or.as the financial o~ficer for the grant.
Comm1SS1oners Galvan, Bala]ka, Floyd, Finster and Judge
Pfeifer all voted in favor.
e
82
MATAGORDA ISLAND LIGHTHOUSE FOUNDATION - PURCHASE ORDER
MATI'ERS
A Mo~io~ was made by Comm~ssioner Fl?yd and seconded by
Comm~ss~oner Galvan to des~gnate Comm~ssioner Finster and
the Court's representative and to authorize Commissioner
Finster to approve and sign purchase orders on matters
rela~in~ to the Matagorda ~sland Lighthouse.
Comm~ss~oners Galvan, Bala]ka, Floyd, Finster and Judge
Pfeifer all voted in favor.
BIDS AND PROPOSALS - INSECTICIDES
e
A Motion was made by Commissioner Balajka and seconded by
Commissioner Galvan to reject the previously awarded bids
for insecticides and authorize the County Auditor to
a?vertise.for bids ~or.insecticides (biomist or equal or
m~neral o~l). Comm~s~~oners Galvan, Balajka, Floyd,
F~nster and Judge Pfe~fer all voted in favor.
CALHOUN COUNTY MUSEUM - DONATION
A Motion was made by Commissioner Finster and seconded by
Commissioner Balajka to accept the donation to the Calhoun
County Museum in the amount of $100 received from the
museum collection box. Commissioner Galvan, Balajka,
Floyd, Finster and Judge Pfeifer all voted in favor.
MEMORIAL MEDICAL PLAZA - SELL. LEASE OR RENT
e
The Court discussed the Memorial Medical Plaza status.
Judge Pfeifer stated the a~praisers had said it might take
a year or more to sell it ~f put up for sale. There is
only one active lease there at this time. Also, may
lights are not working and upkeep, which should be done by
the hospital, has not been done. Commissioner Floyd felt
the appraisal values were not correct and more space will
be needed when work begins on the Courthouse mold
situation. Any leases should state that lessors do their
own maintenance. He stated several options for handling
the funds if the Plaza were sold now.
e
A Motion was made by Commissioner Galvan and seconded by
Commissioner Balajka to proceed to sell the Memorial
Medical Plaza. Commissioners Galvan, Balajka; Floyd,
Finster and Judge Pfeifer all voted in favor.
A Motion was made by Commissioner Floyd and seconded by
Commissioner Finster to authorize Commissioner Galvan to
develop and negotiate leases at the Memorial Medical
Plaza. Commissioners Galvan, Balajka, Floyd, Finster and
Judge Pfeifer all voted in favor.
COUNTY TREASURER - INVESTMENT REPORT
The County Treasurer submitted her Investment Re~ort for
the Quarter ending December, 2002 and after read~ng and
verifying same, a Motion was made by Commissioner Finster
and seconded by Commissioner Galvan that said report be
accepted as presented. Commissioners Galvan, Balajka,
Floyd, Finster and Judge Pfeifer all voted in favor.
83
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CALHOUN COUNTY TREASURER'S OFFICE
INVESTMENT REPORT
QUARUR EHDlHO DECEMBER 31.2002
BALANCI RICUPlS WINS! BALANCI INURIS! !ARNID
1011/2002 &lRANSFIRS &lRAlISIt1lS 12/31/2002 MOM!! MRKT CRlCKIM KOW CHICKINO CERIOI DIP
OPERATING $10,469,448.95 $10,388,255.51 $5,424,095.95 $15,433,608.51 $9,387.94 $4.239.96 $126.907.94
GEN OBLlG BONDS I&S 32,577.54 2,094.59 4.04 34,668.09 273.21
GEN CBlIO REF 80S I&S 8,279.61 1 ,094.95 1.21 9,373.35 70.16
UB CERT OF DBLlO 1&8 0.00 0.00 0.00 0.00 0.00
TAX ANTICI? NOTES 1&8 68,658.00 851,315.30 850,375.00 69.598.30 565.30
TAX ANTIC!? NOTES FORMOSA 1.706,700.12 13.179.42 864,287.09 855,592.45 3,521.83 9,657.59
D15T COURT JURY 2,245.65 1,037.53 2,706.00 577.18 21.14
COUNTY COURT JURY 1,696.39 529.04 732.00 1,493.43 18.64
MEM MED CTR OPERATING 1,195,008.11 5,392,180.37 4,747,358.06 1,839,830.42 14.289.59
MEM MED CTR MEMORIAL 16,692.91 137,12 0.00 16,830,03 137.12
MM CTR RESTRICTED DONATIOJ\ 13,239.54 108.74 0.00 13,348.28 108.74
INDIGENT HEAL THCARE 2,093.22 388,852.34 388,313.89 2,631.67 79.12
HOSP CERT OF oeLlo I&S 36.83 217 .99 0.00 254.82
DRAIN OIST #6 8,828.70 1,303.12 74.91 10,056.91 74.44
DRAIN OIST #8 31,309.67 5,612.24 5,006.30 31,915.61 269.85
DRAIN DIST #10 MAINT 41,077 .93 2,817.41 1,831.47 42,063.87 338.13
DRAIN DIST #10 I&S 43,324.99 1,638.43 4,325.00 40,638.42 352.52
DRAIN OIST #11 MAl NT & OP 64,520.26 49,620.27 32.926.99 81,213.54 524.61
DRAIN D[ST #11 I&S 65,749.51 9,162.73 19,999.25 54,912.99 535.34
DRAIN DIST #11 RESERVE 51,143.74 416.68 1,421.91 50,138.51 416.68
TOTALS $13,822,631.67 $17,109,573.78 $12.343,459.07 $18,588,746.38 $15,368.84 $19,855.48 $136,565.53
IAVERAGE RATE I
3.25%1
3.25%1
4.44%1
BALANCI PUBCKASES KALAHCI
CIRnFlCAlIS OJ olPosn OAnlSSUID 101112002 lMAlURIlIISJ 12/31/2002
89206-45 10/18/2001 $ 2,000,000 $ (2,000,000 0
89206-49 1213/2001 2,000,000 (2,000,000 0
90093-40 2/812002 1,000,000 (1,000,000 0
70000-94249 6/12/2002 1,000,000 1,000,000
70000-94257 6/1V2002 1,000,000 1,000,000
70000-94680 9/6/2002 1,000,000 1,000,000
70000-94796 9/29/2002 1,000,000 (1,000,000 0
70000-94818 9/29/2002 1,000,000 1,000,000
70000~94893 10/13/2002 1,000,000 1,000,000
70000-94907 10/13/2002 1,000,000 1,000,000
70000-94982 11/112002 1,000,000 1,000,000
70000-94990 11/1/2002 1,000,000 1,000,000
70000-95024 11/19/2002 2,000,000 2,000,000
70000-95032 11/19/2002 2,000,000 2,000,000
70000-95040 11/19/2002 2,000,000 2,000,000
89516-40 9/13/2001 853,000 853,000
TOTALS $ 10,853,000 $ 4,000,000 $ 14,853.000
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OPERATING
OPERATING
OPERAT[NG
OPERATING
OPERATING
OPERATING
OPERATING
OPERATING
OPERATING
OPERATING
OPERATING
OPERATING
OPERATING
OPERA TIN G
OPERATING
TAX ANTleIP. NOTES-FORMOSA
;bS(~,^---~~
Sharron Marek
County Inv~~nt Officer
-
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BUDGET AMENDMENT REQUEST
-1-
(1,340.738) (INCREASES ENDING CASH TO ACTUAL)
r;=:~:~11
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GL ACCOUNT NO. ACCOUNT NAME
DEPARTMENT NAME
JAIL
PRISONER MEDICAL SERVICES
PRISONER LODGING-OUT OF COUNTY
JUVENILE COURT
JUVENILE DETENTION SERVICES
LEGAL SERVICES-COURT APPOINTED
PARENTING SERVICES
PSYCHIATRIC SERVICES
JUVENILE DETENTION SERVICES-JP
MISCELLANEOUS
INSURANCE-LIABILITY & PROPERTY
INSURANCE-LIABILITY & PROPERTY
DISTRICT ATTORNEY
1000-510-51309 SECRETARY-LEGAL
1000-510-51306 SECR!:TARY
ROAD & BRIDGE PRECINCT #1
1000-540.62660 GARBAGE COLLECTION-MAGNOLIA BEACH
HIGHWA Y PA TROL
MISCELLANEOUS
EQUIPMENT
GENERAL OFFICE SUPPUES
COMPUTER MAINTENANCE
Total for GENERAL FUND
1000-180-64910
1000-180-64880
1000-500-63110
1000.500-63380
1000-500-64490
1000.500-65030
1000-500-63080
1000-280-62872
1000-280.62872
1000-720-63920
1000-720-71650
1000-720-53020
1000.720-60970
BUDGET AMENDMENT REQUEST
~
4.332 UNE ITEM TRANS
(4.332)
7,410 UNE ITEM TRANSFER
(2.460)
(1,276)
(1,500)
(884)
(1.290) FOR JUVENILE DETENTION SERVICE
(54) FOR RB PRECINCT ONE
1 LINE ITEM TRANSFER-ROUNDING
(1)
54 UNE ITEM TRANSFER
110 LINE ITEM TRANSFER
539
(549)
(100)
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T UDGET
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Fund Effective
Cod, Date Fund Title
1000 12/31J2002 GENERAL FUND
1000 12/3 I /2002 GENERAL FUND
1000 12/31/2002 GENERAL FUND
1000 12/31/2002 GENERAL FUND
1000 12/31/2002 GENERAL FUND
1000 12131/2002 GENERAL FUND
1000 12/3112002 GENERAL FUND
1000 12/3112002 GENERAL FUND
1000 12/3112002 GENERAL FUND
1000 12/31/2002 - GENERAL FUND
1000 12/3112002 GENERAL FUND
1000 12131/2002 GENERAL FUND
1000 1213112002 GENERAL FUND
1000 12/31/2002 GENERAL FUND
1000 12/31/2002 GENERAL FUND
1000 12/31/2002 GENERAL FUND
Total GENERAL FUND
1000
6010 12/31/2002 MEMORIAL MEDICAL
CENTER OPERATING
Total MEMORIAL MEDICAL
6010 CENTER OPERATING
Report Tota]
CZi
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Date: 2J12l03 03;10:11 PM
- CALHOUN COUNTY, TEXAS
Unposted Budget Transactions - 2002 EXPEND. ADJUSTMENTS FOR 2/13/03
BU027S 4 2002 BUDGET ADJUSTM:ENTS FOR 2f13{03
3 p~~~ ~od--
+ d.. F\Clfr>\'S,)
Transaction Description DeptTitle GL Title
LINE ITEM TRANSFER JAIL OPERA nONS PRISONER LODGING-OUT
OF COUNTY
LINE ITEM TRANSFER JAIL OPERATIONS PRISONER MEDICAL
SERVICES
FOR JUVENILE DETENTION MISCELLANEOUS INSURANCE-LIABILITY AND
SERVICES PROPERTY
FOR RB PRECINCT ONE MISCELLANEOUS INSURANCE-LIABILITY AND
PROPERTY
LINE ITEM TRANSFER JUVENILE COURT JUVENILE DETENTION
SERV-JP
LINE ITEM TRANSFER lINENILE COURT JUVENILE DETENT10N
SERVICES
LINE ITEM TRANSFER JUVENILE COURT LEGAL SERVICES-COURT
APPOINTED
LINE ITEM TRANSFER JUVENILE COURT PARENTING SERVICES
LINE ITEM TRANSFER JUVENILE COURT PSYCHIATRIC SERVICES
ROUNDING DISTRICT ATTORNEY SECRETARY
ROUNDING DISTRICT A TIORNEY SECRETARY-LEGAl,
LINE ITEM TRANSFER ROAD AND GARBAGE
BRIDGE-PRECINCT #1 COLL-MAGNOLlA BEACH
LINE ITEM TRANSFER HIGHWAY PATROL GENERAL OFFICE SUPPLIES
LINE ITEM TRANSFER HIGHWAYPAlROL COMPUTER MAINTENANCE
LINE ITEM TRANSFER HIOHWA Y PATROL MISCELLANEOUS
LINE ITEM TRANSFER HIGHWAY PATROL EQUIPMENT
ADJUST TO ACTUAL
(INCREASES ENDING CASH
TO ACTUAL)
NO DEPARTMENT
OTHER OPERATING
EXPENSES
tOOl t I fJ3:J
03^OHddV
Increase Decrease
4,332.00
4,332.00
1.290.00
54.00
884.00
7,410.00
2,460.00
1,276.00
\,500.00
1.00
1.00
54.00
549.00
100.00
110.00
539.00
12,446.00 12,446.00
1,340,738.00
0.00 1,340,738.00
12,446.00
1,353,184.00
Page:l
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BUDGET AMENDMENT REQUEST
l
GL ACCOUNT NO. ACCOUNT NAME
DEPARTMENT NAME
JAIL
COPIER RENTALS
MISCELLANEOUS
PRISONER LODGING-OUT OF COUNTY
COMMISSIONERS COURT
SUBSCRIPTIONS
GENERAL OFFICE SUPPLIES
COUNTY COURT-A T-LAW
JUVENILE ASSIGNED-ATTORNEY FEES
ADULT ASSIGNED-ATTORNEY FEES
LEGAL SERVICES-COURT APPOINTED
JUVENILE COURT
JUVENILE ASSIGNED-ATTORNEY FEES
LEGAL SERVICES-COURT APPOINTED
SHERIFF
WORKERS COMP ADJUSTMENTS
DEPUTY-LAW ENFORCEMENT
MACHINE MAINTENANCE
TRAVEL OUT OF COUNTY
FILM SUPPLIES
AUTOMOTIVE REPAIRS
Total for GENERAL FUND
1000-180-61310
1000-180-63920
1000-180-64880
1000-230-54040
1000-200-53020
1000-410-63070
1000-410-60050
1000-410.63380
1000-500-63070
1000-500-63380
1000-760-S1899
1000-760-51519
1000-760-63500
1000-760-66498
1000-760-53915
1000-760-60360
88
429 LINE ITEM TRANSFER
1,995
(2,424)
2 LINE ITEM TRANSFER
(2)
250 LINE ITEM TRANSFER
649
(899)
401 LINE ITEM TRANSFER
(401)
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205 REQUIRED BY PAYROLL
(205)
835 LINE ITEM TRANSFER
13
153
(1.001)
o
APPROVED
'!l;11~'
FEB 1 3 2003
NET CHANGE IN TOTAL BUDGET
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~--"C=~="===~===711
BUDGET AMENDMENT REQUEST,
r~~-.=.,,=,~=~o=-==~="==_=_,-"'J
cf-
,
CalhouT;1 County Cornrrlolsr:;j,oners 1 Court
------~--~c;'LMedCt_____
(~)epartn:enc ma.king LLLis request:)
J~.je_t~QO:L
I request ar~ amendment co the blCD3 bUc1get for the
-iyeai'Touon
following Ij~ne i.tems i.n my depart.'ment:
To:
From:
Date:
GL Account #
... - -....',~ -.... - ---". '"
Arnen&nent
Account Name Am.ount Reason
------------------ ------------- -------------------
3ZeLS3Ld:tD
3Ws'I~
.X~~[DmA~nt,::0.2~..
fu1f'fup-~- <1f2ODCO)._ __ .~ -
--------1
--------_.._--,.._-._~--~--,_. ------~---,_.._-
~--------.~-
----~-------->.._._--_._..--,- -...--.----.-
--.-- - -- - .on .~.__.-
-- -- APPROVED ~-
-". -on --F"E1fTr2003 --- ..~--
on .._'---------- _._--
-' on __..._____'____n______.._~_
--y-----
---~.-'---,--------.-----, _'___h___~
-_._"-_.._-~--_._--~-~.__.-. --_....~-
.------.-.-..--.-.. ------.---..-
--..--"..----------.--------.- ---_._-_._..__.__....~-_.
----~~_.._._-_._-,---- _._---_._-_.__._~-
~._-----_._----_.. -,- ----------~-----
Net change Ii total budget
for this department is:
Other remark~/justification:
$
-&-
=:::.:==:.::===::::::=:::::=:
.-.----------.,-------.-----.--..---.-..--..---------.--___.___._____.______._h_~__________.____"__."___
I understand 'i;:.ha.t my budg(::t cannot be amended a.s requested until
Commissioners- ( Court: appn:Jval is obtai.n,ed.
'J2~~G_______
Signature of ~fficial/department head:
,
Date of Comm~ssione:rs' C0llI't approval;
.--.--.-----------..--..-.-..-.-.-.--..-..-.....-..-
Date posted t,o General LedgE:.~r account. (0) :
89
e
II BUDGET AMENDMENT REQUEST II
3
TO: Calhoun County Commissioners' Court
From: D'\];tA ~ t ~'r
(Department making this request)
Date: ~-c'o-o3
I request an amendment to the ~ ,,::3 budget for the
(year)
following line items in my department:
GL Account #
Account Name
Amendment
Amount
1000-5[0 -~Lt1.q(J
[0!1(l rffil - L/q J.-i 0
------------------
h~
yI\_~c ~
CoI
z,~{>
Reason
-p~-~-Q-::J~-.T~~
DJ l~CR ~, "
( Q, t~-# 11G31_
Net change in total budget
for this department is:
Other remarks/justification:
$
-0-
==============
I understand that my budget cannot be amended as requested until
Commissioners' Court approval is obtained.
Signature of official/department head:
Date of Commissioners' Court approval:
e
Date posted to General Ledger account(s) :
90
II BUDGET 1\.MENDHENT REQUESTII
t-f
e
To: Ca lhoun County Commiss ioners I Court
rLom: C'JI...42~ {!~U~ AJ-.:iF J
(Department making/this request)
Date:
t:? / ,;l G? t:? ;;
I request an amendment to the .~,J,d"3
(year)
following line items in my department:
budget for the
GL Account #
Account Name
Amendment
Amount
Reason
5<1-0 6.30?/0
-5 '/tJ 5..3.6-/"
6' t1cJ{} -
< -iotJt:J 7
APPROV
2003
e
Net cllange in total budget
(or this department is:
S -0-
-------------
-------------
Ollier re(TI~rJ<sl )USll (leat Lon:
( understand Lhal my budget. cannot be amended as requested unt 11
CommiSSioners' Court approval is obtaIned.
Slgnature of offtcialjdepartment head: Y~a.V~~~
Date of Commlssioners' Court approval:
DaLe posLen ~o GeoeLal ledger account(s)
e
91
II BUDGET AMENDMENT REQUESTII
To: Calhoun County Commissioners' Court
From:
~
(Department making this request)
Date:
c2-G.-o")
1 request an amendment to the JJJ 03
(year)
following line items in my department:
----
~
budget for the
GL Account #
Amendment
Account Name Amount Reason
------------------ ------------- -------------------
lM-1100-i.o3,cld..()
I Ciao --OO1-/{q J,.,(Q
iV\~c~
'-f'!\u,c, ~
d1J')5
<(d.-oi'7
Net change in total budget
for this department is:
Other remarks/justification:
$
~~-
-------------
-------------
~\ ~ iMh~
~+Jw
(~. IZ~-#-
nO. 1.6q)
FEB 1 3 2003
I understand that my budget cannot be amended as requested until
Commissioners' Court approval is obtained.
Signature of official/department head:
Date of Commissioners' Court approval:
Date posted to General Ledger account(s):
92
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BUDGET AMENDMENT REQUEST
U;
TO: CALHOUN COUNTY COMMISSIONERS' COURT
FROM: RECOROS MANAGEMENT/PRESERVATION FUND
DATE: 217103
BUDGET FOR THE YEAR: 2003
5,000
j", , "'. "' ,l!
NET CHANGE IN TOTAL BUOGET
5.000
APPROVED
FEB 1 3 2003
93
e,:;
~
Fund
Code
1000
1000
Total
1000
Report Total
-,
Effective
Date
Fund Title
2/13/2003 GENERAL FUND
2/13/2003 GENERAL FUND
Date 2112103 04:46:23 PM
GENERAL FUND
e
CALHOUN COUNTY, TEXAS
Unposted Budget Transactions. 2003 REVENUE ADJUSTMENTS FOR2I13/03
BUD279 - 2003 BUDGET ADJUSTMENTS FOR 2/13/03
Transaction Description
REIMB. FROM ATTORNEY
FOR NOTICE PUBUCA nON
POSTAGE RElMB. BY HOT
CHECK RESTITUTION
Dept Title
REVENUE
REVENUE
e
GL Title
MISCELLANEOUS
REVENUE-GEN GOVT
MISCELlANEOUS
REVENUE-GEN GOVT
C; p~~ (~~Ol' +- +--)
is f'8( IY\.S
Increase
208.00
61.00
269.00
269.00
Decrease
0.00
0.00
APPROVED
FEB I 3 2003
Pagel
e
e
Fund
Code
1000
1000
1000
1000
1000
1000
1000
1000
1000
1000
1000
1000
1000
1000
1000
1000
1000
1000
1000
1000
1000
1000
Total
1000
2739
Total
2739
~
c...1
_ALHOUN COUNTY, TEXAS
Unposted Budget Transactions - 2003 EXPEND.ADJUSTMENTS
8U0279 - 2003 BUDGET ADJUSTMENTS FOR 2/131
Effective
Date Fund Title Transaction Description Dept Title
2/13/2003 GENERAL FUND LINE ITEM TRANSFER JAIL OPERATIONS
2/13/2003 GENERAL FUND UNE ITEM TRANSFER JAIL OPERATIONS
2/13/2003 GENERAL FUND LINE ITEM TRANSFER JAIL OPERATIONS
2/13/2003 GENERAL FUND LINE ITEM TRANSFER COMMISSIONERS COURT
2/1312003 GENERAL FUND LINE ITEM TRANSFER COMMISSIONERS COURT
2/13/2003 GENERAL FUND LINE ITEM TRANSFER WASTE MANAGEMENT
2/13/2003 GENERAL FUND LINE ITEM TRANSFER WASTE MANAGEMENT
2/13/2003 GENERAL FUND LINE ITEM TRANSFER COUNTY COURT-AI-LAW
2113/2003 GENERAL FUND LINE ITEM TRANSFER COUNTY COURT-AI-LAW
2/13/2003 GENERAL FUND LINE ITEM TRANSFER COUNlY COURT-AI-LAW
2/13/2003 GENERAL FUND LINE ITEM TRANSFER JUVENILE COURT
2/13/2003 GENERAL FUND LINE ITEM TRANSFER JUVENILE COURT
2/13/2003 GENERAL FUND POSTAGE REIMB. BY HOT DISTRICT A TIQRNEY
CHECK RESTITIITION
2/13/2003 GENERAL FUND LINE ITEM TRANSFER ROAD AND
BRIDGE-PRECINCT #1
2/13/2003 GENERAL FUND LINE ITEM TRANSFER ROAD AND
BRIDGE-PRECINCT #1
2/1312003 GENERAL FUND REQUIRED BY PAYROLL SHERIFF
2/13/2003 GENERAL FUND REQUIRED BY PAYROLL SHERIFF
2/13/2003 GENERAL FUND LINE ITEM TRANSFER SHERIFF
2/1312003 GENERAL FUND LINE ITEM TRANSFER SHERIFF
2/13/2003 GENERAL FUND LINE ITEM TRANSFER SHERIFF
2/1312003 GENERAL FUND REIMB. FROM ATTORNEY SHERIFF
FOR NOTICE PUBLICA lION
2/13/2003 GENERAL FUND LINE ITEM TRANSFER SHERIFF
GENERAL FUND
2/13/2003 RECORDS MANAGEMENT
AND PRESERVATION FUND
ESTIMATED AMOUNT
NEEDED FOR YEAR
NO OEPARTMENT
Date: 21121030446:01 PM
RECORDS MANAGEMENT
AND PRESERVATION FUND
FOR 211 03 APPROVED
03
FEB ) 3 2003
GLTitle Increase
COPlE, RENTALS 429.00
MISCELLANEOUS 1 "95.00
PRlSONER LODGING-OUT
OF COUNTY
GENERAL OFFICE SUPPLIES
SUBSCRIPTIONS
TEMPORARY
JANITOR SUPPLIES
ADULT
ASSIGNED-ATTORNEY FEES
JUVENILE
ASSIGNED-A TIORNEY FEES
LEGAL SERVICES+COURI
APPOINTED
JUVENILE
ASSIGNED-ATTORNEY FEES
LEGAL SERVICES-COURT
APPOINTED
POSTAGE
MACHINERY
PARTS/SUPPLIES
ROAD & BRIDGE SUPPLIES
DEPUTY-LAW
ENFORCEMENT
WORKERS COMP
ADJUSlMENTS
FILM SUPPLIES
AUTOMOTIVE REPAIRS
MACHINE MAINTENANCE
MISCELLANEOUS
IRA VEL OUT OF COUNTY
MICROFILMING-DISTRlCT
CLERK
e
Decrease
2,424.00
2.00
2.00
1,000.00
1,000.00
649.00
250.00
899.00
401.00
401.00
61.00
5,000.00
5,000.00
205.00
205.00
153.00
1,001.00
835.00
208.00
13.00
11,201.00 10,932.00
5.000.00
--
5,000.00 0_00
P3.j;e_l
96
CALHOUN COUNTY, TEXAS
Unposted Budget Transactions - 2003 EXPEND.ADJUSTM:ENTS FOR 2/13/03
BUD279 - 2003 BUDGET ADJUSTMENTS FOR 2113/03
F~d
Cod,
Effective
"'~
Increase
Fund Title T=ction De:;cription
DeptTitle
GL Title
R.eportTotal
16,201.00
APPROVED
FEB 1 3 2003
GENERAL DISCUSSION - DOLPHIN DRIVE IN PRECINCT #3
Mark Dai~le, with the Sheriff's Department, stated he had
spoken w1th Leonard Kunefke and had received a letter from
him concerning the closing of Dolphin Drive, attempting to
place liability on the County if anyone is injured there.
Mr. Kunefke mentioned possibly filing a law suit against
the County. Mr. Daigle had told Mr. Kunefke not to
contact h1m again if he feels he must file suit. Mr.
Daigle also had a copy of a bankruptcy proceeding
abandonment which Mr. Kunefke said abandonded the property
from the County, which is not the case. Mr. Kunefke was
told he would be arrested if he fenced the road.
Commissioner Floyd said the road is seldom used but
provides access for some property owners and to a water
supply. He recalled some events which have taken place in
the area.
GENERAl. DISCUSSION - SUBDIVISION Rm..ES AND REGULATIONS
Commissioner Finster stated the Subdivision Rules and
Regulations need to be sent to an attorney for an update.
GENERAl, DISCUSSION - COUNTY ROAD SPECIFICATIONS
Commissioner Finster stated the County Road Specifications
need to updated.
GENERAL DISCUSSION - SALARY GRIEVANCE COMMITTEE PUBLIC
MEMBERS
Judge Pfeifer stated all three persons contacted to serve
as public members of the Salary Grievance Committee have
agreed.
THE COURT ADJOURNED AT 12:25 P.M.
Decrease
e
10,932.00
e
e