Loading...
2004-01-08Regular January Tenn Held January 8, 2004 THE STATE OF TEXAS § COUNTY OF CALHOUN § BE IT REMEMBERED, that on this 81" day of January, AD., 2004 there was begun and holden at the Courthouse In the City of Port Lavaca, said County and State, at 10:00 AM., 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 3. Pfeiffer County Judge Roger C. Galvan Commissioner, PcL 1 Michael 1. Balajka Commissioner, Pct. 2 H. Floyd Commissioner, Pct. 3 Wendy K. Marvin Deputy County perk Commissioner Kenneth Finster was absent from Court Thereupon the following proceedings were had: Commissioner Galvan gave the Invocation and Judge Pfeifer led the Pledge of Allegiance. HEAR REPORT FROM MEMORIAL MEDICAL CENTS Saad Makhail presented the Memorial Medical Center monthly financial report Buzz Orrrier gave report on the strategic retreat that was held In December. The hospital is l okhng at becoming a Critical Care Facility with 25 beds instead of 44 beds and as soon as their auditors look at the feasibility study they will decide on the change. MEMORIAL MEDICAL CENTER YEAR-TO-DATE SUMMARY NOVEMBER 30, 2003 OPERATING REVENUE + 16,894,388 LESS: OPERATING EXPENSES (16,382,973) 511,415 CHANGE IN INVESTMENT: Accounts Receivable- (754,233) (Incr) Decr - . Accounts Payable- (138,152) Incr (Derr) Prepaid Expense- (20,635) (Incr) Decr Inventory 30,217 (Incr) Decr (882,804) TOTAL INVESTMENT CHANGE (INCR) DECR (371,389) PLUS: Depreciabon 1,383,752 Contribution to the County 0 1,012,363 PLUS: County Subsidies Hospital 293,365 Total Cash- 1,305,728 • Incr (Decr) LESS: Equipment Purchases - (656,192) NET CASH- INCR (DECR) 649,536 d23 I CAL lOUN COUNTY, TEXAS COUNTY TREASURER'S REPORT ONTH OF: NOVEMRER 2003 BBGVVNING ENDA'G FUND FUND BALANCE RECEIPTS DLSBURSEMEN7S FEZ ALENCE MEMORIAL MEDICAL CENTER OPERATING $997,61652 $1,356,953.44 S1,427,072.44 S927,49T52 MEMORIAL 17,165.99 21.16 0.00 17,187.05 RESTRICTED DONATION 13,614.64 16.79 0.00 13,63143 INDIGENT HEALTHCARE 1.594.73 181,911.70 181,86128 1,635.15 TOTALS SI,029,981.78 $1.538,903.09 $1,608,933.72 $959,951.15 BANK RECONCILIATION LESS: CERT. FUND OFDBPOSIT PLUS: CHECKS BANK FUND BALANCE OTHER ITEMS 0U7STANDDVG BALANCE MEMORIAL MEDICAL CENTER: OPERATING 927,497.52 0.00 265,904.00 1,193,401.52 MEMORIAL 17,187.05 0.00 0.00 17,187.05 RESTRICTED DONATION 13,631.43 0.00 0.00 13,631.43 INDIGENT HEALTHCARE 1,635.15 0.00 238.94 1,974.09 TOTALS S9591951.15 $0.001 $266,142.94 $1,226,094.09 9 is 724 MEMORIAL MEDICAL CENTER PORT LAVACA, TEXAS PHYSICIAN'S ANALYSIS REPORT NOVEMBER 30, 2003 YTD YTD YTD REVENUE CONTRACTUAL WRnTOFF NET REVENUE NAME MONTH YTD AMOUNT AMOUNT GENERATED PERCENT APOSTOL, C.F. 80,321.72 1,247,227.66 458,419.04 78,575.34 710,233,28 57% APOSTOL, MELECIO 0.00 13,955.33 798.33 879.19 12,277,81 88% WILLIAM, G.A. 84,694.55 827,336,43 175,555.90 52,122.19 599,658.33 72% LIN, M.S. 155,442.41 1,494,159.89 405,793.86 94,132.07 994,233.96 67% SMITH, J.K. 71,994.57 1,300,576.31 278,130.64 81,936.31 940,509.36 72/ CHEN, D. 81,581.57 81,581.57 (5,234.32) 5,139.64 91,676.25 0% MCFARLAND, T.R. 209,591.53 1,939,192.53 383,523.60 115,869.13 1,339,799.80 73% GRIFFIN, 7E 9NNINE 27,670.44 180,933.95 17,653.86 11,398.84 151,881.25 PA% BUNNELL, D.P. 300,475.33 2,887,637.21 1,214,531.54 181,921.14 1,491,184.52 52% NIRATSUWAN 94,190.39 115,498.77 39,651.01 7,276.42 68,571.34 00/6 ARROYO-DIAZ, R. 228,274.60 2,760,962.32 921,993.71 173,940.63 1,665,027.99 60% GILL, J. 107,994.47 1,191,251.71 297,680.97 75,048.86 818,521.88 69% WILLIAMS, WES 85,184.98 978,313.38 190,926.45 55,333.74 632,053.19 721/6 CUMMINS, M. 25,302.63 592,735.34 139,317.29 37,342.33 416,075.72 70% RUPLEY, M. 32,288.56 169,090.57 25,437.14 10,652.71 133,000.72 79% LEE,J LE, NHI 62,492.88 657,900.23 136,628.89 41,447.71 479,823.62 73% CARAWAN, S. 47,638.39 1,483,347.94 369,411.37 93,450.92 1,020,485.65 69% STEINBERG, R. 0.00 10,447.13 952,910.87 115,585.13 229,494.62 60,033.38 663,382.87 70% RAMOS LABORATORY 3,553.85 100,007.96 25,050.14 57.54 7,281.86 83,253.13 72% VISITING PHYSICIANS 246,711.16 2,789,402.08 678,161.11 6,300.50 175,732.33 93,649.92 1,935,508.64 94"/ 69% ER PHYSICIANS 621,528.15 5,834,192.31 915,338.99 367,554.12 4,551,299.21 78% NO LOCAL PHYSICIAN 3,965.29 16,222.37 2,401.29 1,022.01 12,799.07 79% OTHER 308,908.76 4,509,210.44 1,083,923.42 272,962.79 3,152,324.23 70% TOTAL 2,890,253.36 32,039,232.30 7,984,646.39 2,007,354.17 22,047,231.74 69% • 725 MEMORIAL MEDICAL CENTER BALANCE SHOT 12/08/03 03:30 PM AS OF: 11/30/03 THIS YEAR LAST YEAR LAST MONTH 11/30/03 11/30/02 10/31/03 CURRENT ASSETS CASH OPERATING FUND 927,497.52 1,400,749.59 997,616.52 IMPREST CASH ACCOLNT 5, M.00 5, 000. 00 5,N NO. 00 PETTY CASH 625.09 625.00 625,N MMP BOND PROCEEDS .00 .00 .00 M P HOSPITAL PORTION .00 ,00 .00 RESTRICTED DONATION 13,658.91 13,311.54 13,648.88 NA BOND SINKING FUND/INTEREST 36.21 36.21 36.21 TOTAL CASH ..................... 946,817.64 1,499,722.34 1,016,926.61 ACCOUNTS RECEIVABLE PATIENT ACCOUNTS RECEIVABLE 4, W. 800. 63 4,457,755.61 4,787,428.42 ALLOWANCE FOR DEBT (2,371,792.@0) (2,279,607.00) (2,321,792.00) PLAZA SPECIALTY CLINICS ECEIVABL .a .m .00 MISC ACCOUNTS RECEIVABLE 279,740.39 303,799.31 241,570.37 THIRD PARTY RECEIVABLE .00 64,595.00 .00 TIF GRANT .00 15,384.74 .00 TOTAL AMClUNTS RECEIVABLE...... 2,850,749.02 2,561,927.66 2,707,206.79 INVENTORIES RADIOLOGY —FILM 4,179.39 4,160.05 3,679.95 LABORATORY 55,797.10 51,971.16 50,482,57 CENTRAL SUPPLY 97.454.93 106,475.30 100.275.79 SURGERY 158,236.63 127, MO.24 158,236.63 DIETARY 11,074.00 8,249.74 11,074.00 MAINTENANCE 2,826.53 4,716,82 2,826. 53 PHARMACY 131,in. 06 136,619.95 131,in. 08 TOTAL INVENTORY ................ 460,668.66 439,834.26 457,675.S, PREPAID EXPENSES PREPAID INSURANCE 36,327.43 24,597.89 62,620.10 PREPAID EXPENSES 52.352.83 52,830.56 26,208.75 TOTAL PREPAID EXPENSES......... 88,680.26 77.428.45 88,828.85 TOTAL CURRENT ASSETS..,......., 4,346,915.59 4,579,912.71 4,270,637.80 PROPERTY, PLANT, d EIIUTPMFNT um 32,142.60 32,142.60 32,142.60 BUILDIN69 8,837,744.87 8,808,807.87 8, 835, 058.87 FIXED EQUIP1¢NT 2,413,482.03 2,406710.36 2, 413,482. 03 MAJOR MOVABLE EOUlRe4T 9,903,726.55 8,594,7%.05 9, 902,683.25 MEMORIAL MEDICAL PLAZA 7,249,846.35 7,245,046.35 7,249,846.35 REPORTABLE BOND ISSUPENCE COST 70,557.00 77,073.00 70,557, 00 CONSTRUCTION IN PROGRESS .00 .00 .00 LESS: ACCUMULATED DEPRECIATION (16,392,458.18) (15, 163,854.76) (16,178,248.27) TOTAL PROPERTY, PLANT, d EOUIP 12,205441.22 12,002,721.47 12,325,521,83 TOTAL UNRESTRICTED ASSETS...... 16,551,956.80 lE,581.634. 18 16,5%,159. 63 4 n u 0 726 is CURRENT LIABILITIES ACCOUNTS PAYABLE ACCRUED PAYABLES ACCRUED PAYROLL ACCRUED RETIREMENT ACCRUED STATE SALES TA% THIRD PARTY PAYABLES RETENTION-C➢NSTRUCTION IN PR06MES ACCRUED VACATION/HOLIDAY/SICK CAPITAL LEASES OBLIGATION MMP BONDS REPORTABLE BOND DISCOUNT HOSP OBLIGATION FOR BONDS TOTAL CURRENT LIABILITIES...... LONG TERM LIABILITIES MMP BONDS LONG TERM LEASE TOTAL LONG TERM LIABILITIES.... TOTAL LIABILITIES RETAINED EARNINGS GENERAL FUND BALANCES YEAR-TO-DATE GAIN/LOSS TOTAL GENERAL FUND BALANCE..... TOTAL UNRESTRICTED LIABILITIES. RESTRICTED RWD ASSETS MEMORIAL FUND FORNOSA TRUST TOTAL RESTRICTED FUND ASSETS.. RESTRICTED FUND LIABILITIES RESTRICTED FUND BALANCE FORMOSA TRUST BALANCE TOTAL RESTRICTED FUND LIAR..... MEMORIAL MEDICAL CENTER BALANCE SHEET 12/88/03 83:30 PM AS OF: 11/39/03 THIS YEAR LAST YEAR LAST MONTH 11/30/03 11/30/02 10/31/03 472,624.12 533,085.96 502,124.21 59, 219.28 132, MO.33 33, 064.38 3%,259.11 319,590.69 303,045.49 (17.291 (330. 53) (17.29) 632.92 657.27 684.89 .60 .00 .00 .00 .00 .00 284,643.39 275,593.39 284,643.39 3%,832.00 454,854.00 396,832.00 .80 284,435.52 .00 (18,290.00) (19,982.00) (18,290.00) 15,469.00 20,204.60 6,716.00 1,567,372.53 119201%9.23 1,508,803.07 2, 310, 800.00 2,310, No.02 2,310, No. 00 1, 107. 360. 00 .00 1,107,360.90 3,417,360.00 2,310,000.00 3,417,360.00 4,984,732.53 4,230,969.23 4,926, 163.07 12,146,196.45 12,489,203.38 12,146,196.45 (578,972.19) (138,538.43) (476,199.89) 11,567,224.27 12,350,664.95 11,669,996.56 16, 551,956.80 16,581,634.18 16,596,159.63 17,187.05 16,783.70 17,165.89 533.637.41 533,637.41 533.637.41 550,824.46 550,421.11 550.803.30 17,187.05 16,76170 17,165.89 533.637.41 533,637.41 533,637.41 550,824.46 550, 421. 11 %0,803.30 727 Operating Revenue Inpatient Revenue: Medicare Medicaid Other Total lP Revenue YTD IP Revenue Variance Outpatient Revenue Medicare Medicaid Other MEMORIAL MEDICAL CENTER OPERATING STATEMENT For the 11 Monere Ending Nay.ber 30, 2003 SINGLE MONTH — Current Budget Prior Year 651,812.18 493,524.01 629,015.76 176,338.91 121,445.74 129,901.32 210,731.48 271,249.37 246,121.98 1,038,882.57 886,219.12 1,005,039.06 767,771.58 703,485.79 692,060.61 196,683.34 160,912.08 130,208.12 887,915.87 890,368.39 810,863.08 Total OP Revenue 1,851,370.79 1,754,766.26 1,633,131.81 YTO OP Revenue Variance Total Operating Revenue 2,890,253.36 2,640,985.38 2,638,170.87 YTD Total Revenue Variance Revenue Deductions Medieare Cont. Adj. Medicare Pass-thru Medicaid Cont. Adj. Indigent/Chadty Cont Adj. Bad Debt Expense Other Deductions Total Rev Deductions (799,068.49) (678,016.00) (694,513.961 34,547.00 33,333.33 31,804.00 (236,419.91) (144,639.00) (118,126.45) (98,094.40) (79,236.00) (69,734.11) (191,947.59) (154,285.00) (200,713.52) (175,120.58) (211,602.00) (151,753.40) (1,466,103.97) (1,234,444.67) (1,203,037.44) Deducts as % of Oper Revenue Payments as % of Oper Revenue Other Revenue Cafeteria Sales Interest Income Interestfrem Bonds Interest from Hosp Portion Mall Rental Miscellaneous Income Total Other Revenue Net Revenue YEAR TO DATE — CurremYTO Budget YTD Pnor YTD 6,000,450.60 5,496,900.66 6,037,561.73 1,456,608.80 1,352,070.16 1,414,850.57 2,789,073.25 3,019,909.70 2,936,422.10 10,246,132.65 9,868,880.52 10,388,634.40 377,252.13 (142,701.75) 7,929,050.83 7,832,141.77 8,880,939.73 1,729,065.25 1,791,487.67 1,887,533.23 12,134,983.55 9,912,768.10 8,239,379.73 21,793,099.63 19,536,397.54 19,007,852.69 2,256,702.09 2,785,24fi.94 32,039,232.28 29,405,278.06 29,396,687.09 27633,954.22 $642,545.19 (9,320,793A6) (7,548,580.00) (8,148,447.321 588,705.96 366,666.63 708.504.80 (2,106,712.97) (1,610,309.00) (1,460,334.01) (818,825.20) (882,162.00) (1,051,340.34) (2,032,354.17) (1,717,696.00) (2,034,740.28) (2,144,490.83) (2,355,83800) (1,666.150.21) (15,834,470.67) (13,747,918.37) (13.652,507.36) 51.26% 88.00% 48.85% 48.74% 52.00% 51.15% 7,619.66 6,866.67 7,744.27 - 87,529.36 73,333.37 87,422.47 1,484.14 1,250.00 4,816.93 35,083.48 13,750.00 36,020.90 10.03 0.00 35.46 310.63 0.00 395.61 0.00 0.00 0.00 0.00 0.00 0.00 7,269.37 0.00 10,217.76 108,597.21 0.00 110,311.34 14,104.62 1,166.67 94,603.05 458,105.39 12,833.37 1,180,570.14 30,487.82 9,083.34 117,417.47 689,626.07 99.916.74 1,414,720.46 1,454,637.21 1,415,624.05 1,552,550.90 16,894,387.68 15,757,276.43 17,158,900.19 0 page I. 72QO Operating Expense Salaries Employee Benefits Professional Fees Plant Operation Hospital General Other Operating Expenses Total Operadng Expense MEMORIAL MEDICAL CENTER OPERATING STATEMENT For the11 Months Ending rie .W 30, 2003 SINGLE MONTH — YEAR TO DATE — Current Budget Prior Year Current YTD Budget YTD Prior YTD 578,928.73 526,582.00 560,559.28 180,201.56 145,470.00 118,915.46 191,912.26 2.29,566.74 241,38023 28,774.60 36,975.00 26,278.76 49,197.76 51.554.17 43,298.96 404,184.68 440,578.57 507,392.85 1,433,199.59 1,430,726.48 1,497,825.54 .Net Operating Gainl(Loss) 21,437.62 (15,102.43) 54,725.36 Non -Operating Expense Depreciation Contribution to County • Total Nan -Operating Expense 6,530,313.48 5,862,665.00 6,277,716.59 1,869,435.62 1,621,620.00 1,514,231.16 2,376,658.31 2,525,234.14 2,555,486.05 371,960.45 406,725.00 378,264.80 549,699.84 567,095.87 417,499.22 4,684,905.15 4,846,364.27 4,812,818.87 16,382,972.85 15,829,704.28 15,956,016.69 553 268 571 F 426,95616 511.414.83 (72,427,85) 1,202,883.50 124,209.91 129,515.50 127,882.99 1,383,752.01 1,424,670.50 1,410,851.96 0.00 0.00 0.00 0.00 0.00 0.00 124,209.91 129,515.50 127,882.99 1.383, 752.01 1,424,670.50 1,410,851.96 Total Operating Gainl(Loss) 1102,772,29) (144,617,93) (73,157.63) (872,337,18) (1,497,098,35) (207,968,46) County Subsidy 0.00 0.00 68,629.48 (293,365,00) 0.00 (69,430.03) Net Gain/Loss) after Subsidy (102,772.29) (144,617,93) (141,787.11) (578,972,18) (1,497,098,35) (138,538,43) Page .1. 729 W J m � O W U N W O M Cl) U) w F, W CD =) 2 OW U 0 U Z Q LL LL 00 0 Q Z Q O v O o r a O o N o Lo o J rnm��rnu�mv(DCD mo Q mmm v_ o�m(Dr mo c LO m o F co Cl) N to co D) � [t a o m o o N o M a iD N rn W t0 N N N N N V N M h N O O a W O � Cli r O c0 N d_ N 0 O (D M m (D rn i M rn ID N N N O rn O rn r W N N V W N � O Oe lDe N e mo me ova O rnm�0�<D �rnN rn(D O o M N OJ N � O - W lfi Qi co m W (D M O V (MM V Cl) co o In o o e co a W o N m CN am N M CN') N C' mm M W V r O Lo O N c c J c c c m U � U U U U U Q. vIL a- 0- Jd 0 W F W W Ov Of 0 m a N N0 p U z0 Cm . M to V 1 J 0 Pass and reset for January 22, 2004 BIDS AND PROPOSALS - FUEL BIDS: The following fuel bids, which were opened on January 7, 2004 by Peggy Hall and Susan Riley for the period beginning January 16, 2004 and ending February 15, 2004 and were read by the County Auditor. After reviewing said bids, a Motion was made by Commissioner Balajka and seconded by Commissioner Galvan to accept the only bid received of Maudk & Couey for the automated card system fuel and for fuel to be delivered as the low bidders. Commissbne V Galvan, Balajka, Floyd, Rnster and Judge Pfeifer all voted in favor. w r w4 Y W z m° pWad', U maa; >: on re_ 0 � J • W — O m J 0 ¢LR'q 8 o O " m z O W>m m W aq m ` U K U Z w yw. O O m z m m m J O m 2 O z O z F =O 0 O O Q O K C O R ' Y erryr- LL tOi trtOt y j Fyo Z °m Om: Uy j o UY� UY UY N UY o<o¢ Oz LLF wr; a�u.r: 0�- ti z z c� 0 ° 0 i;" 731 ) �- - ■ k § k 'k ) §: : 0,0, / } \ \ E 0 CALHOUN lCOUNTY AUDITORS OFFICE BIDS/PROPOSALS FOR -j O , o pj ke • fl DATE OPENED 7 — Q '-4 TIME OPENED PRESENT AT T Following is a list of Bids/Proposals opened and bid amounts, if appropriate. Bidder/Proposer Amount J 2. • — (J� O, Imo, a 4. ".' Z. O �S 6. 7. BIDS/PROPOSALS WERE REFERREDTO This form on QL/ was faxed to the following: Date • Michael Pfeifer, County Judge Roger Galvan, Commissioner Pet. #1 Michael Balajka Commissioner Pct. #2 H. Floyd, Commissioner Pct. 43 Kenneth Finster Commissioner Pet. #4 a33 CALHOUN COUNTY AUDITORS OFFICE BIDS/PROPOSALS FOR ^ DATE OPENED TIME PRESI Following is a list of Bids/Proposals opened and bid amounts, if appropriate. Bidder/Propose r Amount C) BIDSIPROPOSALS WERE SIGNA This form on was fazed to the following: Date Michael Pfeifer, County Judge Roger Galvan, Commissioner Pet. 41 Michael Balajka Commissioner Pet. #2 H. Floyd, Commissioner Pet. #3 Kenneth Finster Commissioner Pct. #4 1 ,r u a `cs=t EXECUTIVE SESSION - DEFINE POTENTIAL PROPERTY RIEQUIREMENTS 4WD AVAILABILITY FOR CONSTRUCTION OF A NEW 3ML• The Court, being in open session, in compliance with the pertinent provisions of Sec. 551 of the Vemon's Texas Code Annotated, Government Code, sub -chapter D, Section 551.074 authorizes a dosed meeting to discuss the appointment, employmen4 evaluation, reassignment, duties, discipline or dismissal of a public officer or employee or to hear complaints or charges against such officer or employee, unless such officer or employee requests a public hearing. (Meeting to discuss potential property requirements and availability for construction of a new jail), • The County Judge, as presiding officer, publicly announced at 10:20 AM that a dosed session would now be held. The County Judge further publicly announced that before any final action, decision or vote is made regarding the subject matter of the dosed session, the meeting will be reopened to the public At the end of the dosed session, the meeting was reopened to the public at 10:35 AM. No action was, taken at this time. A Motion was made by Commissioner Floyd and seconded by Commissioner Galvan to accept the Order setting the Day of Week and Location of Regular Tenn for CommLssloners' Court for 2004 calendar year. Commissioners' Galvan, Balajka, Floyd, Finster and Judge Pfeifer all voted In favor. ORDER SETTING DAY OF WEEK AND LOCATION OF REGULAR TERM FOR COMMISSIONERS' COURT FOR 2004 CALENDAR YEAR Motion by Commissioner Floyd seconded b Commissioner Gaivan and carried, that the following order be entered: • At a regular term of the Commissioners' Court in and for Calhoun County, Texas, held in the regular meeting of said Court in the County Courthouse in Port Lavaca, Texas, on the 8" day of January, 2004, with County Judge Michael J. Pfeifer presiding, and Commissioners Roger Galvan, Michael Balajka, and H. Floyd present, and with Deputy County Clerk Wendy Marvin in attendance, there having come on for hearing the matter of determining the day of week and location of the regular term of Calhoun County Commissioners' Court for the calendar and fiscal year, 2004, it was ordered that the regular tern should be the second and fourth Thursday of each month. The location of such meetings will be the Commissioners' Courtroom located in the County Courthouse, Port Lavaca, Calhoun County, Texas. IT IS SO ORDERED this 8" day of January, 2004. COND MSIONERS' COURT OF CALHOUN COUNTY, TEXAS By:� Michael J. Pfeifelf, Cowityfudge ATTEST: • ANITA FRICKE, County Clerk By:_WM4 WAAh t, ) Deputy Clerk "M5 A Motion was made by Commissioner Galvan and seconded by Commissioner Floyd to accept the Order setting nimdmum salaries, making various appropriations, setting vacation policy and sick leave policy, setting polcy on payment of hospitallmtloo Insurance premium, setting holiday schedule and setting other miscellaneous policy matters. Commissioners' Galavan, Balajka, Floyd, Flnster and Judge Pfeifer all voted in favor. 2004 ORDER PASSING MAXIMUM SALARIES, MAKING MONTHLY APPROPRIATION& AND PASSING HOLIDAY SCHEDULE WEMREUPON,onmotionby Commissioner, Galyansecordedby Commissioner Floyd andunamnaiusly carried, the Court ordered the following Order be adopted and entered: The various officials, supervisors, and permanent employees will be compensated for the Calendar Year 2004 not to exceed the following amounts: SEE SALARY SCHEDULE ATTACHED (Salary Schedule contains salaries for the Juvenile Probation Department and the Boot Camp. These departments are administered by the Juvenile Board and are not included in the Counties Budget or Financial Statements; however, the State Statutes indicate that these are employees of the County. These salaries are included for informational purposes only.) Each of the officials named herein shall fix the compensation of the employee(s) authorized for his department within the maxim, amounts au9wrized by this Order. Each of said officials will complete and deliver the payroll forms to the Comity Treasurer to indicate the pertinent information for all employees coveted by the Far Labor Standards Act who were employed during the pay period; he will also see that the necessary exemption certificates and other information are famished to the County Treasurer an that proper deductions may be made and . " records compiled for Federal Withholding Tax, Social Security Tax Group Insurance, and Rcmement Plan EMERGENCY MEDICAL SERVICE SEE SALARY SCHEDULE ATTACHED In addition, employees are paid an overtime rate of one and one-balf times the shove rates. An employee on call is paid an hourly $1.00. All Emergency Medical Service salaries will be paid bi-weekly. Amounts shown in the attached Salary Schedule are for budgetin purposes only. _ EXTRABELP The various officiaLslsnpervisors will be allowed to employ extra help at the following maximum hourly rates ➢ Clerical Help in County Offices $ 5.15 ➢ Road and Bridge Precinct Labor S 5.65 ➢ Building Department Labor $ 5.65 ➢ Waste Management Department Labor - $ 5.65 ➢ Librarians S 7.00 ➢ Librarians for Branch Libraries $ 7.50 ➢ Steed Help $ 8.00 ➢ Heavy Equipment Operators $ 9.00 ➢ Mechanics $ 9.00 ➢ Bailiffs $ Il.4o ➢ Emergency Management Coordinator $15.52 Payments may be made up to the amount authorized in each department budget, approved by the Commissioners Court in the 2004 Budgt The officials(svpetvisors affected by this Order will not obligate the County for the payment of any compensation in excess of the extra he allowance without prior authorization of Commissioner' Court. These employees will be considered part-time employees of the County as will be subject to Federal Withholding Tax and Social Security Tax deductions. APPROPRIATION FOR JUSTICE OF THE PEACE OFFICE, PRECINCT 5 An annual allowance of $2,400 will be paid from the General Fund to Justice of the Peace of Precinct 5 for expenses of office, at the sea monthly raft of $100.00. • Page No. 1 2004 ORDER PASSING MAIUMOM SALARIE& MAKING MONTHLY APPROPRIATIONS AND PASSING HOLIDAY SCHEDULE APPROPRIATION FOR LONGEVITY PAY FOR ASSISTANT DISTRICT ATTORNEYS 1 Assistant ANNUAL AMOUNT 1 Assistant $1,0.00 ,440.00 • APPROPRIATIONS FOR TRAVEL Officers, agents or employees of the County will be ALLOWANCE reimbursed for actual traveling expenses while out of the County on official County business or in attendance at conferences relating to County government UP to the amount authorized in the 2004 budget for this purpose in accordance with tie County's Purchasing manual. Reimbursement will be requested on the travel form available in the office of the County Treasurer and will be filed, with supporting documentation. in the County Treasimm's Office within one month after the trip has been made. _ Certain personnel will be reimbursed for actual traveling expenses in the County in amounts not to exceed the appropriations auWmrizod in the 2004 budget . Mileage reimbursement for the use of personal automobiles, which have been authorized, will be computed at the curmt rate set by the Jme nal Revrnue Service for tax proposes. APPROPRIATIONS FOR CAI OUtN COT MAPPRAISAL DISTRICT Payable in quarterly installments from the General Fond to the Calhoun County Tax Appraisal District QUARTERLY Appraisal Services Collection Services $30,488.50 $11,131.75 HOLIDAY SCARDUit E The Court set the following holiday schedule for the calendar year 2004: Good Friday- %Day Memorial Day Friday, April g PM - Independence Day Monday, May 31 Labor Day Monday, July 4 Veterans' Day Monday, September 6 Thanksgiving Day Thursday, November 11 • Thursday, November 25 & Christmas Day Flay, November 26 Friday, December 24 & New Year's Eve, Y. Day Monday, December 27 New Year's Day Friday, December 31 PM Monday, January 3, 2005 However, it was agreed that if any of the above holidays should fall on a non -working day, the employees should be allowed to obe the nearest working day Preceding or following the holiday, as shown above. POLICIES PERTAi 41NG TO SICK LEAVE, JOB RELATED ACCIDENTS, AND VACATION WILL BE FOLLOWE L D AS pER EMPLOYEE POLICY AND PROCEDURES MANUA Page No. 2 • 737 LAJ Sid m a GOD >0 � .� � m e 044 !&ƒ2§©§[§& #40 SO #¥§ a§III£iElk T###!#k«$# ££ea§aea■e }k22»;#;;■ §2k[2!klal 5�!■`iiiik aa§§a3l3lG §¥K3k#R. Sisi 2aE2 & kk §k\\§ "§`^m|2,. 2�2)} &kr§\ g!5§!!!!!§ �2§§©ea to; ato; SE55EOO F. k ! §§ k� I IN � 0 0 I • 4 ilk A I • H K 0 O A n�N N N N N N N N N N N N 1 i 1 YJ y m m tp y p O p O y 1 3! N N N N N N N I 1 O p y O Q O N b I ei w e 0 1 »» »N NN i1 0 0 0 o m I �x n tyy qq YNs _ I N N N N N M N N p MI V Ny N N N N x x N M �1 mm mm yN V y o 0 0 o n n Y� i 1 N N N N m h » M C I H N N N N M n n n n m m xx NN I qq 1 oo as a;m 2lro NN i1 m N N N N ml 1 8 $ N Vol i NI r� 1 a 0 0 0 1 � s 1 ti Q F 6 G a 0 y Q 6 U K p l E O C E E Q y Q y U y iL y; y WO 1 I 739 §k� §!� §|2` ■ _#222I§22g| %§ _■ � ■ RKKE!| � i E _ £■ k#"sa«�"!| A __ =a =■ kk��!!�`■| §§ -■ � ■ %.� /a2aa„;all as -AA n 4E-I } 2 ' 2■ -- � 2..©■■ AB k■=���;;�■ 2 &■'-a■ #Clt nCL§ g| § § E E - !■ ■ k 0 » 0B -■ k � � ■ ■ ■ % §k - |s |�(,§/ §k�§ |§2§ S2 2§|%|■ §«.=m§o� m Gj \ id{ @w; �§�d � ■#R�k k#Ek§ 0 9 0 t< 740 KI � � � � � � sic C40 cm � � ;c. M- � o� �� |B � � § � �}} N INIIN l 1 IN W Q O p = K v_ LL � K W C U p f LL LL O K O U E W ? > L.� • e42 KI • 1• SC? Go O I III O �v m m m m o o m m m N IO W N N N N N m^ b b N N N N N N ^^ N M N N n A N H N N N N F N N P Ql 91 WN �p H O R ^L N N a♦ W v N O ��Dp p p pp pY yy pp p V+ +N N N y yy� pN M 8M .YQ� pp MMM �y pp » N» M N N N» m q M N V d m a l O tyHp� M N N N M < N M N » N N N M x N N N N M x x Mi fON01 N M» tM0 » 0 NO O Onl xx »» » �p Epp 8 p M {aNp� p^ ^N ! N A N M N N M N N N YWj th q N M N { Wy ; a N N N M N N N n �. yy 8 (Ny M �1Nyp N yN IfI � N N N N N » N N M i yp O Tii y�5 } N O O C< a n w O< c Q� >> W q W iiu 0 a H FZ O O a N N F U; P O Da 00 a O W z� �O Z9C9 >' i Oo 3� of f } 'O W KKKO f o M it I W N W M i +43 N N �W W$ W ' 0 N O V1 O N N YV1 ^^ N N N N y. M pM O VN ON y N 0 W N N O N O N O N M N M 0 A A 1'1 W N �q N N N N N N H M Cot M N N N N YN a O V g SM Y $ Y ep N N N CCC!lliii x N N N y\ \ (tA N n M ti 'p N 0 N N N T f� M 02 N to M N p N {� tV S i N 1� IA n V eFy pN my p 0Y N M {Ny N M M tYNjO N M N N yp� pON p w- nut a m 0 W V� P r� O N O M 8 O yy yy M M N M ry M gag. a A" M Mm 3 R N O M O CNl tS NWN j� O o g8° � o 0 � 00 S U V W S Up O 3< J.JJ Y H H N N N M H N N M NI 1� 1' A I m 11yy p N N N M M N N N N N N 1 1 d 1 1 A A N N d J O O A A N1 1 M N N N N 1 1 p N N H N H N H N M 1 iWY 1 1 spy N O O A A W N W N M M N 1 � Nyy Y f (yyO Wyy O O N N N 1 §`\gPy ^I 1111 M1 b eFD N N N N N N 1 2 1 r \\ N M N lNV N N N N 1 M � 1 pp ppp pp pp OO pp pp 0 p 1 OO S S A A NNNNN N M N NNN N t0 N 1 N M N N N H M 1 1 nn rr p p yZt tlN aN^ N M N H 1 1 �1 N N H 1 I N N N 1 1 1 I 1 i 1 I F °3 w y �los om Uo �i- I LL w 0 rc C .10 K K K v is 44 10 $eL I* ;I H 10 1\ 745 � .v �GOD GOD an � � � � � o 04 a a T■--# '#;;#■ 2 ¥§■ §E####q &■sae `§■RR¥ Z#z7| R = § k ■ � , ■ ■ ■ � � - ©■ ■ § ■ !z!| A§ !■_| @% ■ ;;■| �§ ■ ■ § §■ §§ ■ ■ ` k§ ■ # clr §| g %. §\�{z\�a §§§■E2■a #KR«RRK; alILE� „ K$}\w;}cam ° CIF N N N� #■■R-IKi# 46 #k}alaE� k « 23 ! kk §� !) §|° =§d§ lo0 K!!!!\!§ ?k6 Cl 0 P m N� O p CCC i Z HM MI � V1N W�101 qq1 � HN mmNM H H 1 1-1 CIF MN yl N N NI 1 1 H» NI 1 0 � H' NI 1 W A MM NI NN Nt 1 a -.] �I I MP 9 0 . Q0Q!! N I. N N { a R N N M N N c x rc rc rc a E aaa a 747 §§} a K | | K , � i ■ \� )|§...12|§� k�§ § ^` \ 748 0 r� � 0 Lai � � C.0 Go .� � GOD cm .� m � � � � 0 � � k % ■ B |B' $ �$ |§ l§ i§ $ 5 d§ 2 I d ?]§ a;a au a!a a3� $ & e e C14 a■m`2•&� � � � � � §q§ $#■ r � & E §|| ,§ !d�§mqe §`d�kL2 t§| § r /!0E E § 0\ � 10 66 � v � .� � COD ca � m � � � � �o 0 � 10 ■§k m { , � N, � � ■ 4 «| � ` $e� . ■ Ik^■ all !■maaa##" ;22§&aaaE}§a .2a!!��'■;# §!I^2§Za§§& .Kk4!&&&222= #�!'Ei27#■# kk#"2*2:2■a a:I�---■!# &§§ 2 } $ 7 § | k !f!: �I � v ,C40 ;�. § B ■ §d" \q2g§ ;#¥R32( " 7 ;2kkk#.a k k . .62a®,2;a ..F`}2&kk }■;®!;##« -=.-"k};=; aa22! ae3 ¥■AA■#$■$ 2 ! ! « * ] � ■ , 2} � � 2 i4E ®2t■e§ $ƒ §!2!7!& b..�& )!§ \« 752 10 ■ § ■ � B m Z; M. 7ƒ��} ®lkBKQ#K" QR �#a#�aZzik#I #R#■}K#�-a f9#.;g ;fa&# - fl22■� #EEE« &;R§,a\!2!■2 #§§#kk}ae■■a ■..;#;#];&;k ±k§&####[)!5 #E■"&FIk§#■§ ■ 2 #■k# # # o S � ° ` |000 |!/[[(9/®§ ag§�o( Ew 753 .. > ■■.■ k�=§ . � .. .� � k§ :�. 0 cm C*4 # 2 � ■§ .�`_�-# � i® %=*®2®a-a2■aaa � § ; i i § kkakik# I&#:a i \ All #ER&##R�"aa°°r k .© ■;&©.©- \ § }j«[! " cliv; �§Q a■;;;s22©k2--J §$}§\Nofci � kt. � §§ � #■#a#p■!!#!�§SOzk22} - i (§§ ` i B K ° � ■ - ■ 4| to 2z t; # �■ 00 !-§§$9■§§§§9§B 0 0 .� � 1• 1! I• 1p p m N N m n n o m 1p {? k k qcl M m m c o n ym n m { W N N M N n N N N N o Q yp n ^ N M y � � »~ Or 0� YC V N N I[l y�y r t Vy ttVIV {V{yy O h m iY N N Y '�[ N N �Nmp b p 1y� op el WyN yN (V NN yy yy M M N N N N N N N N M N N N M N N m m N M y y � ({(Oyyj �( �j �1�ryOyj { N N N N N N N N It {My {Ny N mN tNpp �YpK � qN � {yrr�V ttrm�� '� qS O N N N N N lV iN it O S A n m m r n mm �Yy Cl m m A A pp Amy �S q A N N H N N q m m � W�yy W mmmm pp NN I{�y NN W Yl 10 m W N O yy� y � y � O yy O pq Opq my Omy 1'i ' O 2aOq N N NNN N N N N N N N w �aa O C m d O w O FO O O a W W W W O aaQQ¢¢¢¢ pp.. w WW LL n LL 0 0 0 Wq wq, Wq W 0 2 K Y~} U O 00005rL � tWLW Lr R W i wa p� gag 7i7jw aaaamw i p W O W W W W d d d U W LL A O W J >> yy fy >>>aa" = W W W W J s O F i 8 E O i_S W W E_ U' f�9 E w E �+ N W m W W g J 7 7 J m m 0� 0 :. N N M Y SY T I�1 N 755 me e e N b m n h A h 1� r= r n w m N w d g V O O V 0 v, v a e p N H N N N N N N N N N �yy yYy b m1� b f0 ro yO m (ay0y5 t0 � � � t0 bN 0 Rl Oy Y e Ne 04 mOP 04_ 04_ 0404040404 tn{Vy Imp �Np » M M M :i 9i 1p( a N : 1 a N Si O O O { Oy O O N^ K mM 4pL y"� yM� {Hy {»y a (Ny (Ny a s; (»y (N� W» 1q Y! N N N N N fV $1 N $3 tV N $1,, fV O »g Oy gN N H » N » N •_R �Y Nn_ {tr0� by 0 �O y� �l7 t7 Al x O 0 b b N M y N N N N h b Y1 b b I(1 TV N N p N ci n t7 n N t7 O! Cl M 2 U' H N N N N N § q N N A m N N N N O o 8'O `a w w W f H 0 a F W w d a Wx CLU � gfflg� Q c=iy ? 0000OM00000 00 9 0 0 15 • 0 0 GOD a Goo m ca ma 661 INC mt co O N N N N � N t•Nl NNN m � � � yj N N N W w m w m m w w m m y m y m w w { my m o m m ( my „ ym N ym Ol yw yW yw � I l' N N W O yO �NOy_ A tw�l n N O O O O O O O O O m p y� N N N N tV N N N m O mb m m (p rp n �O m N N N N N N N NNN � r M YIN N N N YY N M m n n n n n n n n q O Y'Y d Y m N omi {�yi n (�yi mi a'Si a ty� �H} tn�- 1r S N N M H NNN N M Y M1 �Y y� d vM1 N' yd� qM e ND N p M W wm W MOO Omi Q O N M N tV N N W l9 OI N NNNNNNNN F yy N M N M N N M m d Y d' O d Y Y V w W t OtOO m N N W 0 W 0 m W g p d y eq ci C4� ' N N H N N h-NNN m m m N N N N O N N M N M N NNN N M yM y �y N N N NNN N N N MM NNNN t�l � N N N {y m ik m m (k (gyp ��p m d ym ym m m m pm pm VI O� � OY O m O O S O � W ID O d d � d (O ym O N N N N N N N N N q O g w m O Y Y Y Y d Y.Y Y n n^ nO Y Y 0 0 0 V O Y N N N N m N N N N N N N N M M N N N H M N N M N N N H a= 9 o 3 Do z aF� JJ Q W Q G S 4 e rc c rc c z rc s LL p Col 0 0 wwwwwwwwa p� rVt- Ut=.>c=ic=itryc�c=ic=iran p r r r r r r r r F F a a a a a a a a a w W EL. V. w w w w y O C 05000 � in W w www6 m W W W A m N M b N N m m. Ip A N N 57 � GOD � � Go cm .� m. � � � � 0 o CN § B ■ §;2a; §&2;a §■aaa �a©©- � 2 §§aaf § ! § B � \ �| k� w§�k #12 §!§E \ } k $ § 7tRRv�! /2§k}21 $Elf«# 2@■FRR@ ■.k!&■& } } $ } ( § 2 § k n ■ � § §§ . k §� � 2§ � �§ �§ i■ 2 2 | �§ � # .. 0 \ 758 0 � 0 \� �§ � . I c kl � � M §! coo pan .� ca A� � � 9| � e o C*4 § § ■ % ■ � I � � � $ -■# � � § #9K&&�§�) �- 2§ -,; ®\\■.�; � . A; 2 ; A Ct ■-�l#, . - , ,�. §§ I222�»2ie. 2§ 2§§®§§||| ` ` .■ �;;■§■k�l i « ■ # . g,■ 2 }}a•��!|J � . ¥ ■ -!; § � � 1115 § 2 � � $ \} | 2§ !| , w\)\§� §|k' |/■!. =a©|■Jall 759 N qq M �p t0 Cy H» N N » M N N N N M N M N N N N N N H N N N H H N N I N N I N O O a m q m Y V jp YI Y) Yf m (Np N m t0 !O m w N N H H Y tp m „ N N N N y y � N M N N N y� H N N H N N 00 F b \p+.} m m y y 1 N V N Ol N (7 b N n m A Y O A I n - a0 W W N YJ tO m Y w O A O O w W m 00 pp Epp V y + p oY yy Vm V O p y Y � 1 O_ V Y r N Q 0 M N Y N O N O O N M H N O O P N rl I N ^^^III CCCEEEl1i YY _ n � I O All a y a$ W w nag w`i �w �s �n ��ym $ y�y'm n mw n et aIa i H N M M N N N M NNN M N N N N N N W p N$Ayy A MbA NytlA N yH NWyN (p MyA Co S N M Mb NmN1� VN8 OwNyyOyyN NHA N1Nb: N a HNN M N N III NAA I m p mp p ry p AA w m y N N I N ^Af e9 MNM N M H H N N M H N N a O I O N N N M N N N N N M N N N N N ` yy pp 1w�� Q NIH twp l`( CI ro N N N N N N N ♦ `^4Ci i� Y y l7 O Pi O {� M NN yN qN N � N mN mN (Np pN N �WNp N N N N � {pHy N 8N N yN N A^H M {yNy I pH 12 2 y^ qt {red � - ^ ^ + (A - 8 S O 1� � t��jf � �(�yy O 1n 1NIf O O yy yN ym W fl I M N m N N N N N M N M N N NN [YY• N H H H M N N N H N H N W A I A ,V p S p p 88e 8Q 3 p p N p p p pp 8 M N pN N N H M In N IA Iywll 11 N~ N '" N O S M 8 N Y N N N M h N 1n Yymj O 1 6 yqyqM M N N NN p p NNM 1IMM'l1 N H N N N N; y tl cm �. N N w y N M l7 W w w yN M N M M N 0 y A O 0Io P w' '' w_ w N 'l ' O O O O ' A A. O H �2 Q N N N N H N N N N N N N N N N N N YN1 W �V NIN ^m A � �.wnpmopmpmpmpm r a a QA Aw nAmmn 'W MINp N N N W 1l OI Ol W o w w N w W w A A 1V N Ol �y N Y w A ' 1� N N V m n {y N N b p 0 N w W O w^ A n N N N N N aD W i R dN� N �� yH 1 Ny N M H N N N WN N N ) N p N N N N N H M N H M M Q d W �ypQ{ W '1wv Z ZU 6' >i W a� w W = w N I N U y w Y ad >y 2 wo D W 'd U A b JI \ G f m V U O rz m LLwgq��! U U U U V O a 0 0 0 K Z13 Z W W m m m 1 W °d w W w y d d m d a a y 4l N y y N m N p;L9 • i, 769 PASS ORDER PLACING COUNTY AND PRECINCT OFFICIALS ON SALARY BASIS. A Motion was made by Commissioner BaNka and seconded by Commissioner Floyd to pass Order placing county and precinct officials on salary basis. Ccmmissiorie Pfeifer all voted In favor. s Galvan, Balajka, Floyd, Fluster and Judge CALHOUN COUNTY ORDER PLACING OFFICIALS ON SALARY BASIS • On Motion by Commissioner Galvan seconded by Commissioner Floyd and carried, that the following order be entered: At a regular term of the Commissioners' Court in and for Calhoun County, Texas, held in the regular meeting of said Court in the County Courthouse in Port Lavaca, Texas, on the 8th day of January 2004, with County Judge Michael J. Pfeifer presiding and Commissioners Roger Galvan, Michael Balajka, and H. Floyd present and with Wendy Marvin, Deputy County Clerk, in attendance, there having come on for hearing the matter of determining whether county and precinct officers shall be compensated on a salary basis for the calendar (fiscal) year 2004, it was ordered that all county and precinct officers and their deputies, clerk and assistants be compensated on a salary basis for the calendar (fiscal) year 2004, and the County Clerk is hereby ordered and directed to file a certified c opy of this order with the State Comptroller of Public Accounts in Austin, Texas, on or before January 31, 2004. IT IS SO ORDERED this 8 ° day of January 2064. • ATTEST: Anita Fricke, County Clerk By.W Deput3vClerk • COMNUSSIONERS, COURT OF CALHOUN COUNTY, TEXAS 761 DETERMINE NUMBER OF PUBLIC MEMBERS/DESIGNATED COUNTY OFFICIALS TO COMPOSE SALARY GRIEVANCE COMMITTEE: A Motion was made by CommWmw Floyd and seconded by Commissioner Galvan that the Sheriff, County Tax Assessor/Collector, County Tnaasrrer, County Clerk, DisMct Clerk, District Attorney plus three members from the last grand jury to compose the salary grievarm committee. Commissioner' Galvan, Balajla, Floyd, Finster and Judge Pfeifer all voted in favor. SELECT PUBLIC MEMBERS OF SALARY GRIEVANCE COMMITTEE FROM GRAND JURY LIST: Four names were drawn from the last grand jury list with the fourth being an alternate they were Reyrtoldo Reyes, Tommie Corbell, Peggy Shafer and DJ. Williams being the alternate. Letters will be sent out to all. ESTABLISH PAY FOR GRAND JURORS AND PETIT JURORS FOR COUNTY, DISTRICT AND A Motion was made by Commissioner BeWjka and seconded by Commissioner Galan to establish pay for grand jurors being $10.00 and petit jurors being $6.00. Commissioners' Galan, Balajlm, Floyd, Flnster and Judge Pfeifer all voted in favor. DISCUSS THE FEMA REIMBURSEMENT FOR NON-INSURED COUNTY OWNED BUILDING AT COUNTY LANDFILL: A Motion was made by Commissioner Balajka and seconded by Commissioner Floyd to approve Interlocal Agreement with Kerr County or Mental Health, Mental Retardation and Chemical Dependency Commitment Hearings and PsydgaNve Mediation Hearings at Kerrville State Hospital. Commissioners' Galan, Belajim, Floyd, Flnster and Judge Pfeffer all voted in favor. STATE OF TEXAS COUNTY OF KERR INTERLOCAL AGREEMENT FOR MENTAL HEALTH, MENTAL RETARDATION AND CHEMICAL DEPENDENCY COMbHTMENT HEARINGS AND PSYCHOACTIVE MEDICATION HEARINGS AT KERRVILLE STATE HOSPITAL This agreement is entered into on this the 8th day of January, 2004, pursuant to the terms of Chapter 791, Texas Government Code (the Interlocal Cooperation Act), by and between the Commissioners' Court of Calhoun County, Texas, hereinafter "Calhoun," and the Commissioners' Court of Kerr County, Texas, hereinafter "Kerr," for the purpose of providing certain services relating to mental health, mental retardation and chemical dependency commitment hearings as well as certain services relating to psychoactive medication hearings for residents of Calhoun County, Texas at the Kerrville State Hospital, Kerrville, Kerr County, Texas. WHEREAS, Calhoun County, Texas, on occasion has residents who are in need of court -ordered mental health services, mental retardations ervices and c ourt-ordered chemical dependency treatment available, by commitment to the Kerrville State Hospital, as well as residents who are patients at Kerrville State Hospital and are in need of administration of psychoactive medication; and WHEREAS, Chapter 571 (General Provisions), Chapter 573 (Emergency Detention) and Chapter 574 (Court -Ordered Mental Health Services) of the Texas Health and Safety Code, hereinafter "Code," recite the statutory scheme whereby court -ordered mental health services may be provided for those persons who meet the criteria therein set out; and WHEREAS, Chapter 462 (Treatment of Chemically Dependent Persons) of the Code recites the statutory scheme whereby court -ordered treatment for chemical dependency may be provided for those persons who meet the criteria therein set out; and WHEREAS, Chapter 593 (Admission and Commitment to M ental R etardation Services) of the Code recites the statutory scheme whereby mental retardation services may be provided for those persons who meet the criteria therein set out; and WHEREAS, Chapter 574, Subchapter G (Administration of Medication to Patient Under Order for Inpatient Mental Health Services) of the Code recites the statutory scheme whereby patients receiving court -ordered mental health services and patients for whom an application has been filed for such court -ordered mental health services, may be administered psychoactive medications against their will; and • C1 • 762 WHEREAS, § 574.001 (b) of the Code provides that an application for court - ordered mental health services must be filed with the county clerk of the county in which the proposed patient: (1) resides; (2) is found; or (3) is receiving mental health services by court order or under Subchapter A, Chapter 573 (§ 573.001) of the Code (Apprehension by a Peace Officer Without a Warrant); and WHEREAS, § 574.061 of the Code provides that a request to modify an order for inpatient treatment and § 574.062 of the Code provides that a motion for modification of an order for outpatient treatment must be with the judge of the court that entered the order sought to be modified; and WHEREAS, § 462.062 (b) of the Code provides that an application for court - ordered treatment of chemically dependent persons must be filed with the county clerk of the county in which the proposed patient: (t) resides; (2) is found; or (3) is receiving treatment services by court order or under § 462.041 of the Code (Apprehension by a Peace Officer Without a Warrant); and WHEREAS, § 593.041 (b) of the Code provides that an application for court - ordered mental retardation services must be filed with the county clerk of the county in which the proposed patient: (1) resides; and WHEREAS, § 574.104 (a) of the Code provides that a physician, who is treating a patient who is receiving mental health services under an order for temporary or extended mental health services under §§ 574.034 or 574.035 of the Code or for whom an application for court -ordered mental health services under §§ 574.034 or 574.035 of the Code has been filed, may file, with the probate court or a court with probate jurisdiction, an application for an order to authorize the administration of a psychoactive medication; and WHEREAS, both Calhoun County and Kerr County have jurisdiction over such proceedings where the proposed patient is a resident of Calhoun County and (1) is found in Kerr County; (2) is receiving court -ordered mental health services, court -ordered mental retardation services or treatment for chemical dependency at the Kerrville • State Hospital in Kerr County; or (3) is brought to the Kerrville State Hospital by a peace officer without a warrant under the provisions of §§ 462.041 or 573.001 of the Code; and 2 763 WHEREAS, Kerr County has jurisdiction over proceedings under Chapter 574, Subchapter G of the Code (Administration of Medication to Patient under Order for Inpatient Mental Health Services) in which a physician treating a patient at the Kerrville State Hospital, which patient is receiving mental health services under an order for temporary or extended mental health services under §§ 574.034 or 574.035 of the Code or for whom an application for court -ordered mental health services under §§ 574.034 or 574.035 of the Code has been filed; and WHEREAS, given the time constraints set out in the Code, and the difficulty and expense of transporting patients, hospital employees, witnesses, judges, magistrates and attorneys to and from Calhoun County for such hearings, it is impractical for Calhoun County to hold hearings to determine existence of probable cause for protective custody orders, as well as hearings on applications for temporary mental health services, hearings on applications for extended mental health services, hearings on applications for renewal of an order for extended mental health services, hearings on applications for court - ordered chemical dependency treatment, hearings on applications for renewal of an order for court -ordered chemical dependency treatment, hearings for modification of order for inpatient treatment, hearings for modification of order for outpatient treatment, hearings on petitions seeking an order to authorize the administration of a psychoactive medication to certain patients at the Kerrville State Hospital and hearings on petitions for reauthorization or modification of a court order authorizing the administration of a psychoactive m edication t o c ertain p atients a t t he K errville S tate H ospital, within the geographical confines of Calhoun County; and WHEREAS, Calhoun County finds that the most appropriate, safe and expeditious site for said hearings is the Kerrville State Hospital in Kerrville, Kerr County, Texas, and desires that the aforementioned hearings concerning citizens of said County be held by the proper Kerr County, Texas judicial officer with jurisdiction over such matters within Kerr County and further desires that at the aforementioned hearings concerning citizens o f s aid C ounty, t he int erests o f t he S tate a nd t he K errville S tate Hospital be represented by the Kerr County, Texas prosecutor charged with said responsibility and further desires that at the aforementioned hearings concerning citizens of said County, the interests of said citizens of said County be represented by an attorney appointed by the judicial officer aforementioned; and WHEREAS, the public health, safety and welfare of the citizens of both counties, and of the proposed patients would be best served by entering into this "Interlocal Agreement For Mental Health, Mental Retardation And Chemical Dependency Commitment Hearings And Psychoactive Medication Hearings At Kerrville State Hospital' hereinafter referred to as "Interlocal Cooperation Agreement' pursuant to the authority granted by Chapter 791 of the Texas Government Code (the Interlocal Cooperation Act); NOW THEREFORE, be it resolved that Calhoun County and Kerr County agree to enter into this Interlocal Cooperation Agreement, and the parties agree as follows: I 3 764 § 1. TERM 1.1 This agreement is to be effective on the date that it is approved by order of the commissioners' court of each county, and ending on the following September 30`". 1.2 Upon the expiration of the initial term of this agreement, same shall automatically be renewed for successive one year periods beginning October I` and ending on the following September 30w, unless terminated by either party, as herein provided. 1.3 Either party may cancel this agreement for any reason by notifying the other in writing at least thirty (30) days prior to the effective date of the cancellation. All amounts due and owing to Kerr County pursuant to this agreement as of the effective date of cancellation shall be paid by Calhoun County within sixty (60) days of the receipt of any bill or the date of the cancellation, whichever is later. • § 2. DEFINITIONS 2.1 "Resident" as that term is used herein shall have the same meaning as that term has been defined in the Indigent Health Care Act and as that term has been applied and construed by the Courts. §3. FUNDING REQUIREMENTS 3.1 Calhoun County agrees that all funds due under the terms of this agreement shall be payable out of current revenues and that it shall set aside a fund in an amount sufficient to satisfy any obligation created by this agreement. 3.2 Failure of the Commissioners' Court of Calhoun County to terminate this agreement shall be deemed to be a certification that the obligation incurred by the continuation of this agreement shall be payable out of current revenues and that Calhoun County has or will set aside a fund in an amount sufficient to satisfy any obligation created by this agreement. §4. DUTIES OF KERR COUNTY 4.1 Kerr County agrees that it will assume jurisdiction over all court -ordered mental health proceedings, mental retardation proceedings, chemical dependency • treatment matters and all psychoactive medication hearings which concern residents of Calhoun County that are properly filed in or transferred to the Kerr County Court with jurisdiction. 765 0 4.2 Kerr County shall have no duty to accept jurisdiction or proceed with any court - ordered commitment or treatment proceeding where the terms of this contract have not been complied with, including the terms concerning the duty of Calhoun County to make payment to Kerr County for the costs as set out herein, for all hearings which involve its residents. 4.3 It is understood and agreed that pursuant to §§ 462.004 and 571.016, of the Code, the Kerr County Attorney or his properly -assigned designee is the attorney for the State in any hearing covered by this agreement and therefore retains all of the independent discretionary authority given by the statutes and Constitution of the State of Texas. This agreement shall not be construed to limit that authority in any form or fashion and the decision of the County Attorney is final as to whether the State will proceed in any action covered by this agreement, including appeal, and as to the means and methods employed. §5. DUTIES OF CALHOUN COUNTY 5.1 Calhoun County agrees and warrants that it will follow all appropriate statutory procedures and shall implement such other procedures and training necessary to ensure that no violation of the constitutional and statutory rights of any proposed patient occurs and that in seeking the commitment of the proposed patient, no person from Calhoun County will be referred to the Kerrville State Hospital unless the proposed patient has been evaluated and examined by a qualified mental health professional or a physician; a certificate has been properly issued; the patient has been warned of the non -confidentiality of the interview o f t he qualified mental health professional or physician; and that all other necessary steps have been taken to assure that the proposed patient's constitutional and statutory rights have been preserved. 5.2 Should any Calhoun County resident who was detained under the authority of the emergency detention provisions of §§ 573.001, 573.012 or 462.041 of the Code be found to be entitled to release, Calhoun County shall pay the cost of transporting that person to the location of the person's apprehension, the person's residence or another suitable location, as required by §§ 573.024 & 462.041 of the Code. 5.3 Calhoun County agrees to pay to Kerr County the costs associated with any • hearing conducted by Kerr County officials as authorized under §§ 571.017, 571.018 (mental health), 462.005 (chemical dependency) 593.050 (mental retardation), 574.107 (psychoactive medication) of the Code, and in accordance with the "Kerr County Clerk's Schedule or Statement of Costs as may be then currently in a ffect. A c opy o f t he c urrent "Kerr C ounty Clerk's Statement of Costs for the Budget Year 2003-2004," is attached hereto. Additionally, Calhoun County agrees to pay Kerr County all costs and expenses associated with guardianship proceedings filed in Kerr County which are related to patients or proposed patients from Calhoun County. 766 5.4 For all cases, Calhoun County does also agree to pay to Kerr County the following costs: a. All other court costs, set by law, and such other costs set either by order of the Kerr County Commissioners Court or by the judge who holds the hearings as set out in this agreement, under authority of law. b. All costs authorized by law for appeals to a Texas Court of Appeals or to the Texas Supreme Court. C. A reasonable fee, in an amount not to exceed $70.00 per hour, for the Kerr County Attorney or his designee for professional services rendered in researching and preparation of appellate briefs, for time required to travel to and from the site of the appropriate appeals court, and for time to present oral argument in any appeal of a hearing provided for by this Interlocal Agreement, as well as travel expenses and office expenses related to production and mailing of any appellate brief covered by this Interlocal Agreement. • d. All costs, including bonds, authorized or mandated by law for any proceedings in Federal Court involving a Calhoun County resident covered by this agreement. e. All compensation of court -appointed personnel, such as attorneys, physicians, language interpreters, sign interpreters and masters as provided in § 571.017 of the Code. 5.5 Calhoun County agrees that it shall be responsible for obtaining repayment for its costs incurred pursuant to this agreement from the patient and/or the patient's family or estate. Calhoun County agrees further that failure on its part to recover such repayments shall have no effect on its liability to Kerr County for such costs. §6. PAYMENTS 6.1 All bills for costs shall be submitted to the County Judge of Calhoun County, Texas at the address below and all payments due under this agreement shall be paid to the County Clerk of Kerr County, Texas and shall be paid at that office in the Kerr County Courthouse, 700 Main Street, Kerrville, Texas 78028. §7. MISCELLANEOUS • 7.1 Any and all notices which may be required under the terms of the agreement shall be mailed to the parties, through their representatives, at the addresses indicated below or at such address as either party may famish in writing to the other party: %6 County Judge Michael J. P ifer Calhoun, County, Texas 211 S. Ann Street, Suite 304 Port Lavaca, Texas 77979 Pat Tinley, County Judge Kerr County, Texas Kerr County Courthouse 700 Main Street Kerrville, Texas 78028 7.2 This agreement contains the entire agreement of the parties with respect to the matters covered by this agreement. No other agreement, statement or promise made by any party or to any employee, officer or agent of any party, which is not contained in this agreement, shall be binding or valid. 7.3 If any term, provision, covenant or condition of this agreement is held by a court of competent jurisdiction to be invalid, void or unenforceable, the remainder of the provisions shall remain in full force and effect and shall in no way be affected, impaired or invalidated. 7.4 The obligations and undertakings of each of the parties to this agreement shall be performable in Kerr County, Texas. A a Calhoun County dge Date: January 8, 2004 APT VED: / /f Cri.. t.,at its T?Cr C"r Calhoun CountyiAttomey Date: C- b 4' Pat Tinley, Kerr County Judge Date: Z' p77—e9-f ATTEST: Wmd4*ahUtX'/ Calhoun County Clerk Date: January 8, 2004 I E is '_, 768 • CJ APPROVED: Davi ley, Kerr ounty Attorney Date: & 2 ATTEST: Date: Pieper, Kerr tyt',Sfi it l 11/rr V ............. ..... y . (n This agreement was adopted by the Commissioners' Court of Kerr County, at Kemille, Texas Ag Opt number 28442, on the 81" day of December, 2003, and by the Commissioners' Court of Calhoun County, �`;�` Texas, on the day of , 2004, Court Order No. 1 J KERR COUNTY CLERK'S STATEMENT OF COSTS FOR THE BUDGET YEAR 2003-2004. HEARING FOR TEMPORARY MENTAL HEALTH SERVICES (OPC 90 DAYS): COUNTY CLERK'S FEE $ 40.00 CONTINUING PROBATE EDUCATION FEE $ 5.00 JURY FEE (IF NEEDED) $ 22.00 JUROR EXPENSE REIMBURSEMENT FEE (IF NEEDED) JUDICIAL SERVICE FEE 5 50.00 JUDICIAL SALARY SUPPLEMENT FEE $ 10.00 SHERIFF'S FEE S 60.00 APPOINTED ATTORNEY'S FEE • RECORDS MANAGEMENT & PRESERVATION FEE $ 5.00 COURTHOUSE SECURITY FEE $ 5.00 COURT REPORTER SERVICE FEE $ 15.00 FOURTH COURT OF APPEALS FEE LAW LIBRARY FEE $ 5.00 $ 35.00 INDIGENT FEE ISB 1534) $ 5.00 PROSECUTORIAL SERVICE FEE $ 50.00 JUDICIAL SUPPORT FUND FEE (HB 3211) $ 40.00 MASTER'S FEE $ 25.00 IF A PATIENT PROPOSED FOR MENTAL HEALTH SERVICES IS DISCHARGED PRIOR TO THE TEMPORARY COMMITMENT HEARING, THE KERR COUNTY CLERK WILL NOT BILL THE COUNTY RESPONSIBLE FOR THE PROPOSED PATIENT'S COSTS FOR: A JURY FEE, A JUROR EXPENSE REIMBURSEMENT FEE, A JUDICIAL SERVICE FEE, A JUDICIAL SALARY SUPPLEMENT FEE, A PROSECUTORIAL SERVICE FEE OR A JUDICIAL SUPPORT FUND FEE. HEARING FOR EXTENDED MENTAL HEALTH SERVICES (UP TO 1 YEAR): COUNTY CLERK'S FEE $ 40.00 CONTINUING PROBATE EDUCATION FEE $ 5.00 JURY FEE (IF NEEDED) $ 22.00 JUROR EXPENSE REIMBURSEMENT FEE (IF NEEDED) ' JUDICIAL SERVICE FEE S 50.00 JUDICIAL SALARY SUPPLEMENT FEE $ 10,00 SHERIFF'S FEE $ 60.00 APPOINTED ATTORNEY'S FEE • RECORDS MANAGEMENT & PRESERVATION FEE $ 5.00 COURTHOUSE SECURITY FEE $ 5.00 COURT REPORTER SERVICE FEE $ 15.00 FOURTH COURT OF APPEALS FEE $ 5.00 LAW LIBRARY FEE $ 35.00 INDIGENT FEE ISB 1534) $ 5.00 PROSECUTORIAL SERVICE FEE $ 50.00 JUDICIAL SUPPORT FUND FEE (HB 3211) $ 40.00 HEARING FOR RENEWAL OF ORDER FOR EXTENDED MENTAL HEALTH SERVICES (BEYOND 1 YEAR): COUNTY CLERK'S FEE $6.00 CONTINUING PROBATE EDUCATION FEE 5 9 5.00 JURY FEE (IF NEEDED) $ 22.00 JUROR EXPENSE REIMBURSEMENT FEE (IF NEEDED) ' JUDICIAL SERVICE FEE S 50.00 JUDICIAL SALARY SUPPLEMENT FEE $ 10.00 SHERIFF'S FEE $60.00 APPOINTED ATTORNEY'S FEE RECORDS MANAGEMENT & PRESERVATION FEE $ 5.00 COURTHOUSE SECURITY FEE $ 6.00 COURT REPORTER SERVICE FEE $ 15.00 FOURTH COURT OF APPEALS FEE $ 5.00 LAW LIBRARY FEE $35.00 INDIGENT FEE (SB 1534) $ 5.00 PROSECUTORIAL SERVICE FEE $ 50.00 JUDICIAL SUPPORT FUND FEE (HB 3211) $ 40.00 / t© HEARING ON REQUEST FOR REEXAMINATION AND RECONSIDERATION OF RENEWAL OF ORDER FOR EXTENDED MENTAL HEALTH SERVICES: JUDICIAL SERVICE FEE $ 50.00 JUDICIAL SALARY SUPPLEMENT FEE $ 10.00 SHERIFF'S FEE $ 60.00 APPOINTED ATTORNEY'S FEE RECORDS MANAGEMENT & PRESERVATION FEE $ 5.00 PROSECUTORIAL SERVICE FEE $ 50.00 HEARING ON MOTION FOR MODIFICATION OF ORDER FOR INPATIENT TREATMENT: JUDICIAL SERVICE FEE $ 50.00 JUDICIAL SALARY SUPPLEMENT FEE $ 10.00 SHERIFF'S FEE $ 60.00 APPOINTED ATTORNEY'S FEE RECORDS MANAGEMENT & PRESERVATION FEE $ 5.00 PROSECUTORIAL SERVICE FEE $ 60.00 HEARING ON MOTION FOR MODIFICATION OF ORDER FOR OUTPATIENT TREATMENT: JUDICIAL SERVICE FEE $ 50.00 JUDICIAL SALARY SUPPLEMENT FEE $ 10.00 SHERIFF'S FEE APPOINTED ATTORNEY'S FEE $ 60.00 • RECORDS MANAGEMENT & PRESERVATION FEE $ 5.00 PROSECUTORIAL SERVICE FEE $ 60.00 HEARING ON CAPACITY AND ORDER AUTHORIZING PSYCHOACTIVE MEDICATION (PSYCHOACTIVE MEDICATION PETITION; APPLICABLE TO HEARING ON MOTION TO MODIFY OR REAUTHORIZE MEDICATION ORDER): COUNTY CLERK'S FEE $ 40.00 CONTINUING PROBATE EDUCATION FEE $ 6.00 JUDICIAL SERVICE FEE $ 50.00 JUDICIAL SALARY SUPPLEMENT FEE $ 10.00 SHERIFF'S FEE $ 60.00 APPOINTED ATTORNEY'S FEE RECORDS MANAGEMENT & PRESERVATION FEE $ 5.00 COURTHOUSE SECURITY FEE $ 5.00 COURT REPORTER SERVICE FEE $ 15.00 FOURTH COURT OF APPEALS FEE $ 5.00 LAW LIBRARY FEE $ 36.00 INDIGENT FEE (SB 16341 $ 5.00 PROSECUTORIAL SERVICE FEE $ SO.GO JUDICIAL SUPPORT FUND FEE (HB 3211) $ 40.00 • 10 HEARING ON APPLICATION FOR COURT -ORDERED TREATMENT OF CHEMICALLY DEPENDENT PERSONS (APPLICABLE TO BOTH COURT -ORDERED CHEMICAL DEPENDENCY TREATMENT AND RENEWAL OF AN ORDER FOR COURT -ORDERED CHEMICAL DEPENDENCY TREATMENT): COUNTY CLERK'S FEE $ 40.00 CONTINUING PROBATE EDUCATION FEE $ 5.00 JURY FEE (IF NEEDED) $ 22.00 JUROR EXPENSE REIMBURSEMENT FEE (IF NEEDED) JUDICIAL SERVICE FEE $ 50.00 JUDICIAL SALARY SUPPLEMENT FEE $ 10.00 SHERIFF'S FEE $ 60.00 APPOINTED ATTORNEY'S FEE RECORDS MANAGEMENT & PRESERVATION FEE $ 5.00 COURTHOUSE SECURITY FEE $ 5.00 ALTERNATE DISPUTE RESOLUTION FEE $ 10.00 COURT REPORTER SERVICE FEE $ 15.00 FOURTH COURT OF APPEALS FEE $ 5.00 LAW LIBRARY FEE $ 35.00 INDIGENT FEE (SB 1534) $ 5.00 PROSECUTORIAL SERVICE FEE $ 50.00 JUDICIAL SUPPORT FUND FEE (HO 321 7) $ 40.00 HEARING ON APPLICATION FOR PLACEMENT OF A PERSON WITH MENTAL RETARDATION: APPOINTED ATTORNEY'S FEE: COUNTY CLERK'S FEE $ 40.00 JURY FEE (IF NEEDED) $ 22.00 JUROR EXPENSE REIMBURSEMENT FEE (IF NEEDED) ' SHERIFF'S FEE $ 60.00 APPOINTED ATTORNEY'S FEE - RECORDS MANAGEMENT & PRESERVATION FEE $ 5.00 COURTHOUSE SECURITY FEE $ 5.00 ALTERNATE DISPUTE RESOLUTION FEE $ 10.00 COURT REPORTER SERVICE FEE $ 15.00 FOURTH COURT OF APPEALS FEE $ 5.00 LAW LIBRARY FEE $ 35.00 INDIGENT FEE (SB 1634) $ 5.00 JUDICIAL SUPPORT FUND FEE MB 3211) $ 40.00 $ 70.00 PER HOUR $ 35.00 PER HALF HOUR FOR THE CONVENIENCE OF THE APPOINTED ATTORNEYS, THEIR FEES FOR HEARINGS ON CAPACITY AND ORDER AUTHORIZING PSYCHOACTIVE MEDICATION ARE COMBINED AND BILLED TOGETHER IN THE BILL FOR THE MENTAL HEALTH SERVICES HEARINGS. •• THE JUROR EXPENSE REIMBURSEMENT FEE IF 6 PEOPLE SERVE IS $15.00 EACH PER DAY OR $90.00 FOR THE JURY PER DAY OR PORTION THEREOF. IF A VENIRE PERSON REPORTS BUT IS NOT SELECTED FOR JURY DUTY THE JUROR EXPENSE FEE FOR THAT PERSON IS $6.00 PER DAY OR PORTION THEREOF. • 0 i'12 TAKE ACTION TO APPROVE THE FOLLOWING INTE LOC L AGREEMENTS AND CONTRACTS AND APPROVE THE PURCHASE ORDERS,• A. A Motion was made by Commissioner Balajka and seconded by Commissioner Galvan to approve the Intedoral Agreement between Calhoun County and Calhoun Soil & Water Conservation District #345 In the amount of $7,750.00. Commissioners' Galvan, Balajka, Floyd, FnsW and Judge Pfeifer all voted in favor, IL A Motion was made by Commissioner Balajka and seconded by Commissioner Galvan to approve Contract between Calhoun County and the Calhoun County Senior Citizens Association, Inc. In the amount of $20,000.00. Commissioners' Galvan, Balajka, Floyd, Finster and Judge Pfeifer all voted in favor. C. A Motion was made by Commissioner Balajka and seconded by Commissioner Floyd to approve the contract between Calhoun County and Terms Settlement Region In the amount of $1,500.00. Commissioners' Galvan, Balajka, Floyd, Flnster and Judge Pfeifer all voted In favor. D. A Motion was made by Judge Pfeifer and seconded by Commissioner Galvan to pay $60,000.00 for the 2003 Interlocal Agreement between Calhoun County and the City of Port Lavaca for Animal and Rabies Control. Commissioners' Galvan, Balajka, Floyd, Fiinster and Judge Pfeifer all voted In favor. INTERLOCAL AGREEMENT between CALHOUN COUNTY and CALHOUN SOIL & WATER CONSERVATION DISTRICT #345 STATE OF TEXAS COUNTY OF CALHOUN WHEREAS, Calhoun County, hereinafter COUNTY, a political subdivision of the State of Texas, bas detemained that the expenditure of county funds proposed herein is one which serves a public purpose and has further determined that the State of Texas, by its Constitution or by its state statutes, either implicitly or explicitly, has conferred upon COUNTY the authority, the power and the jurisdiction to accomplish the uses for said funds as proposed herein, infra Having found the above elements fully satisfied, COUNTY may contract with the CALHOUN SOIL & WATER CONSERVATION DISTRICT so that • they may use said public funds for the purposes contemplated herein, but only if the expenditure is to accomplish "county business" (which encompasses matters of general concern to county residents) and only if COUNTY assures itself that the funds to be transferred by this contract are subject to adequate contractual or other controls to ensure that expenditure of said county funds for the public purpose stated herein will be accomplished and so long as COUNTY received adequate consideration for the county funds to be provided by this contract WHEREAS, CALHOUN SOIL & WATER CONSERVATION DISTRICT #345, hereinafter referred to as CALHOUN SOIL &WATER CONSERVATION DISTRICT #345, is engaged in various functions involving agricultural production - including livestock, crops, aquaculture, horticulture and forestry and providing services for the betterment of Calhoun County, and desires to enter into such a contract for the provision of certain services for the COUNTY; said services being considered by both parties to this contract as fair consideration from CALHOUN SOIL & WATER CONSERVATION DISTRICT #345 to COUNTY in exchange for the funds transferred hereby. IT IS THEREFORE AGREED THAT: L Payment by County: In consideration that the services described below to the residents of COUNTY, CALHOUN SOIL. & WATER CONSERVATION DISTRICT #345 shall be endtied to a sum not to exceed $7,750.00 per annum. Such amount shall be disbursed by COUNTY to CALHOUN SOIL dr WATER CONSERVATION DISTRICT #345 after January 1, 2003, upon written request from CALHOUN SOIL eY WATER CONSERVATION DISTRICT #345. 2. Insurance: CALHOUN SOIL ,& WATER CONSERVATION DISTRICT #345 shall at all times maintain a policy of liability insurance for premises liability for Personal injury. The County will require documentation of General Liability insurance coverage, with adequate limits to be determined individually, depending on exposure. 113 3. Services: CALHOUN SOIL & WATER CONSERVATION DISTRICT #345 shall provide services to the residents of COUNTY by providing diverse services including the following: providing secretarial help to the Natural Resource Conservation Service, which in turn provides technical time for assistance to our local government, drainage districts, industry, local businesses, farmers and ranchers, in addition to developing and carrying out programs for the conservation, protection and development of soil, water, and related plant and animal resources and shoreline erosion projects with the County. 4. Most Recent Financial and Performance Reports: CALHOUN SOIL d-r WATER CONSERVATION DISTRICT #345 shall submit to COUNTY Auditor and COUNTY Judge each a copy of CALHOUN SOIL & WATER CONSERVATION DISTRICT #345's most current independent financial audit or end -of -year financial report of all expenditures and income for the period of CALHOUN SOIL & WATER CONSERVATION DISTRICT #345 fiscal year ending in calendar year 2003, within 30 days of the approval of this contract CALHOUN SOIL & WATER CONSERVATION DISTRICT #345 shall provide to COUNTY Auditor and COUNTY Judge each a performance review by which CALHOUN SOIL & WATER CONSERVATION DISTRICT #345 gives details of services provided and clients served for .the previous COUNTY fiscal year, within 30 days after the approval of this contract. 6. Prospective Financial and Performance Reports: CALHOUN SOIL & WATER CONSERVA77ON DISTRICT #345 shall submit to COUNTY Auditor and COUNTY Judge each a copy of CALHOUN SOIL e9' WATER CONSERVATION DISTRICT #345's independent financial audit or end -of -year financial report of all expenditures and income for the period of CALHOUN SOIL & WATER CONSERVATION DISTRICT #345 s fiscal year ending in calendar year 2003, by the earliest of thirty days following its receipt by CALHOUN SOIL & WATER CONSERVATION DISTRICT #345 or by September 30, 2004. CALHOUN SOIL 6 WATER CONSERVATION DISTRICT #345 shall provide to COUNTY Auditor and COUNTY Judge each a performance review by which CALHOUN SOIL & WATER CONSERVATION DISTRICT #345 gives details of services provided and clients served for CALHOUN SOIL e9' WATER CONSERVATION DISTRICT #345's fiscal year ending in calendar year 2004, by September 30, 2004. 7. Term: The Tema of this contract is to begin on January 1, 2004 and end on December 31, 2004, unless earlier terminated by either party on thirty days written notice. 8. Books and Records: All books and records of CALHOUN SOIL 6 WATER CONSERVATION DISTRICT #345 shall be open for inspection during normal business hours to any member of the public, the Calhoun County Auditor, and such persons as may be given that authority, in writing, by the Commissioners' Court, provided, however that this clause shall in no way be construed to override the provision of the Federal Privacy Act or other state or federal law or regulation concerning the disclosure of confidential or privacy matters. 9. Effectiveness: This contract is effective upon approval by Order of the Calhoun County Commissioners' Court r 9 0 y^� 10. Non -Discrimination: CALHOUN SOIL & WATER CONSERVATION DISTRICT #345 agrees to operation under a policy of non-disr"'Mi. don with regard to the provision of said services. Such policy shall prohibit discrimina don on the basis of race, sex, age, religion, color, handicap, disability, national origin, language, political affiliation or belief or other non -merit factor. Any act of discrim;nndon shall constitute a material breach of this contract 11. Sexual Harassment Prohibited: CALHOUN SOIL & WATER CONSERVATION DISTRICT #345 agrees to adopt and maintain a policy that prohibits sexual harassment. Any act of sexual harassment constitutes a material breach of this contract 12. Applicable Laws: CALHOUN SOIL dr WATER CONSERVATION DISTRICT #345 agrees to comply with any and all applicable laws, local, state and federal, regarding work hours, safety, wages, social security benefits, and/or workers compensation. This clause places a duty to meet the requirements of such laws only if the law itself places such a duty on CALHOUN SOIL & WATER CONSERVATION DISTRICT #345. Any isact in violation of any of those laws or ordinances shall constitute a material breach of this contract 13. Default: a. In the event either party shall fail to keep, observe or perform any covenant, contract, term or provision of this contract to be kept, observed or performed by such party, respectively, and such default shall continue for a period of ten days after notice thereof by the non -defaulting party to the other, then in any such event the non -defaulting patty shall be entitled to terminate this contract b. No delay on the part of either party in exercising any right, power or privilege shall operate as a waiver thereof, not shall any single or partial exercise of any right, power or privilege constitute such a waiver nor exhaust the same, which shall be continuing. No notice to or demand on either party in any case shall entide such party to any other or further notice or demand in sinvla or other circumstances, or constitute a waiver of the rights of either party to any other or further action in any circumstances without notice or demand. 14. Successors and Assigns: This contract shall inure to the benefit of, and be binding upon, the parties hereto and their respective heirs, legal representatives, successors and assigns; provided that CALHOUN SOIL dr WATER CONSERVATION DISTRICT #345 may not assign this contract without COUNTY's prior written consent. 15. Governing Law This contract shall be govemed by and construed and interpreted in accordance with the laws of the State of Texas and shall be enforceable in, and venue shall be in, Calhoun County, Texas. 16. Notices: Any notice or communication hereunder must be in writing, and may be given by registered or certified trail; if given by registered or certified mail, same shall be deemed to have been given and received when a registered or certified letter containing such notice, properly addressed, with postage prepaid, is deposited in the United States mail; and '7' 5 if given otherwise than by registered mail, it shall be deemed by haven been given when delivered to and received by the party to whom it is addressed. Such notices or communications shall be given to the parties hereto at the addresses set forth below. Any party hereto may at any dine by giving ten days written notice to the other party hereto designate any other address in substitution of the foregoing address to which such notice or communication shall be given. 17. Severability: If any tern, covenant or condition of this contract or the application thereof to any person or circumstance shall, to any extent, be invalid or unenforceable, the remainder of this contract or the application of such term, covenant or condition to persons or circumstances other than those as to which it is invalid or unenforceable, shall not be affected thereby, and each term, covenant or condition of this contract shall be valid and shall be enforced to the fullest extent permitted by law. 18. Relationship: The parties hereby agree that this is a contract for the administration of the Program and hereby renounce the existence of any other relationship. In no event shall COUNTY have any obligation or liability whatsoever with respect to any debts, obligations or liability of CALHOUN SOIL & WATER CONSERVATION DISTRICT #345, and CALHOUN SOIL dr WATER CONSERVATION DISTRICT #345 shall have no authority to bind COUNTY to any contract, matter or obligation. No dudes of COUNTY are delegated to CALHOUN SOIL & WATER CONSERVATION DISTRICT #345 by this contract and any provision which is or may be held to be such a delegation shall be of no force or effect 19. Modification; Termination This contract may be amended, modified, terminated or released only be written instrument executed by COUNTY and CALHOUN SOIL dr WATER CONSERVATION DISTRICT #345, except as herein otherwise provided. 20. Total Agreement. This contract is a total and complete integration of any and all undertakings existing between the parties hereto and supersedes any prior oral or written agreements, promises or representation between them. The headings of the various paragraphs of this contract are for convenience only, and shall not define, interpret, affect or prescribed the meaning and interpretation of the provisions of this contract. CALHOUN COUNTY CALHOUN SOIL & WATER � / CONSERVATION DISTRICT #345 Br.CL�It{& 4U - By: Date: ,J-�/i�1 / Date: /-2-16-03 1 J E 0 MIM NOTICES COUNTY: CALHOUN SOIL & WATER Calhoun CountyJudge CONSERVATION DISTRICT #345 211 S. Ann Street, Room 304 R0. Box 553 Port Lavaca, Texas 77979 Port Lavaca, Texas 77979 CLER.WS CERTIFICATION I, Anita Fricke, County Clerk of Calhoun County, Texas, certify that the above contract was accepted and agreed to by the Commissioners' Court of Calhoun County on By: JLt'Md* ! 1 W1uiM. eputy Clerk Date: /-,f-O5% 0 ACURD CERTIFICATE OF LIABILITY INSURANCE 11/2DAM 1/2003 PRooucoe Mack A Purifoy Co., LC THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE DBA Purifoy & Cc Ins, HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR P.O. Box 1088 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Temple TX 76503 INSURERS AFFORDING COVERAGE INSURED State Soil & Water Conservation Districts rnv OAncc THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONOITIONS OF SUCH POLICES. AGGREGATE LIMITS SHOW14 MAY HAVE BEEN REDUCED BY PAID CLAIMS. BEIR TYPE OF POLICYNUMBER POUCY EFFECTNE POLICY EIPR(ATON aeTTERAL X LABILITY °�'MLIABttITY 01'T MADE '—' GGC'R 65SBWU1796 Employment Practices Liabililr$5,000 Occurrence; $5,000Aggregate 01/01/2004 01/012005 uM EACH OCCURRENCE FIRE DAMAGE rArolre MED E m An PRe o� rs 50000 30000 10000 s 500000 1000000 Excluded tRM X PERSONALAADVINeuRr GENERALAGGREGATE A00TaEOA uMIT mLoc PER: PRODUCTS-COMPiOPA AVfOMOBJI.E X �( LIAenm ANYALITO ALL OWNED AUTOS SCHEDULED AUTOS HMECAvros NONONTlEp AUTOS 65LTECFL5671 01/01/2004 01/01/2005 COMBINED SINGLE LIMIT (Ef lTCEMII) t 500000 S S : BODILY INJURY IP>penm) BODILY INJURY (Pre .) PROPERTY DAMAGE (Ps W&im ) GARAGE LIABILITY ANYAIRO AUTO ONLY ACCIDENT $ S EAAC AG D 43 UABaRY GDam CLARASMADE DFDUCTISLE NCE S s WORImtS COMPENSATION AND EMPLOYERSUAER 0TH- ELFACHACCIDEW ELDI EASE-EAEMPL EL DISE45E - POUCY LIMIT OTHER DESCRIPTION OF OPERATIONSILOCATIONSNI JCLESIE)(CLUSIONSADDED BY ENDDRSQAENTISPECIAL PROVISIONS Certificate Holder is a Named Insured - CERTIFICATE HOLDER JXIADDITIONALINsuRE , IxsMTER .A CANCELLATION SHOULDAWOFTHEABOVEOEBCR MPd ESSECANCEllEOSEFGRETHEE%PIRATION CaBIoun SWCD #345 DATE THEREOF. THE RSURNT INSURER WILL ENDEAVOR TO MAIL LO DAYS WRTTEN P.O. Box 553 NOTICE TO THE CERTBCATE HOLDER NAMED TO THE LEFT, BUT FAallRE TO DO SO SYIALL Pact lavers TX 77979 "A M NO ORLIGATON OR LIABILITY OF ANY NRA UPON TIE INSURER, ITS AGENTS OR REPRESENTATIVES. AUTHORRED REPRESENTATNE WPATION 1988 778 CONTRACT Between CALHOUN COUNTY and THE CALHOUN COUNTY SENIOR CITIZENS ASSOCIATION, INC. STATE OF TEXAS COUNTY OF CALHOUN WHEREAS, Calhoun County, hereinafter COUNTY, a political subdivision of the State of Texas, has determined that the expenditure of county funds proposed herein is one which serves a public purpose and has further determined that the State of Texas, by its Constitution or by its state statutes, either implicitly or explicitly, has conferred upon COUNTY the authority, the power and the jurisdiction to accomplish the uses for said funds as proposed herein, infra Having found the above elements fully satisfied, COUNTY may contract with a private nonprofit corporation so that they may use said public funds for the • purposes contemplated herein, but only if the expenditure is to accomplish "county business" (which encompasses matters of general concern to county residents) and only if COUNTY assures itself that the funds to be transferred by this contract are subject to adequate contractual or other controls to ensure that expenditure of said county funds for the public purpose stated herein will be accomplished and so long as COUNTY received adequate consideration for the county funds to be provided by this contract. WHEREAS, The Calhoun County Senior Citizens Association, Inc., a Texas nonprofit corporation, hereinafter referred to as SENIOR CTTMZENS, is engaged in restoring and providing an economic development area for the betterment of Calhoun County, and desires to enter into such a contract for the provision of certain services for the COUNTY; said services being considered by both parties to this contract as fair consideration from SENIOR CITIZENS to COUNTY in exchange for the funds transferred hereby. IT IS THEREFORE AGREED THAT: I. Payment by County. In consideration that the services described below to the residents of COUNTY, SENIOR CITIZENS shall be entitled to a sum not to exceed $20,000.00 per annum. Such amount shall be disbursed by COUNTY to SENIOR CITIZENS on or after January 1, 2003, upon written request for SENIOR CITIZENS. 2. Insurance: The County will require documentation of General Liability insurance coverage with adequate limits to be determined individually, depending on exposure. 3. Services: SENIOR CITIZENS shall provide services at the Main Street Center and two satellite centers in the County a network for individualized assistance including meals, meal delivery for shut-ins, transportation, minor home repairs, life -line telephones when funding allows, preparing application forms, counseling, advocacy, check writing and various other needs. 4. IRS Classification: SENIOR CITIZENS' Internal Revenue Service, non-profit classification is 501(c)(3) and its IRS EIN is 74 - 19 2 ) 48A 5. Most Recent Financial and Performance Reports: SENIOR CITIZENS shall submit to COUNTY Auditor and COUNTY Judge each a copy of SENIOR CITIZENS' most current independent financial audit or end -of -year financial report of all expenditures and income for the period of SENIOR CITIZENS fiscal year ending in calendar year 2003, within 60 days of the approval of this contract SENIOR CITIZENS shall provide to COUNTY Auditor and COUNTY Judge each a performance review by which SENIOR CITIZENS gives details of services provided and clients served for the previous COUNTY fiscal year ending on December 31, 2003, on or before March 1, 2004. 6. Prospective Financial and Performance Reports: SENIOR CITIZENS shall • submit to COUNTY Auditor and COUNTY Judge each a copy of SENIOR CITIZENS' independent financial audit or end -of -year financial report of all expenditures and income for the period of SENIOR CITIZENS' fiscal year ending in calendar year 2003, within thirty days following its receipt by SENIOR CITIZENS. SENIOR CITIZENS shall provide to COUNTY Auditor and COUNTY Judge each a performance review by which SENIOR CITIZENS gives details of services provided and clients served for SENIOR CITIZENS' fiscal year ending in calendar year 2003, by Match 1, 2004. 7. Term: The Term of this contract is to begin on January 1, 2003 and end on December 31, 2003, unless earlier terminated by either party on thirty days written notice. g. Books and Records: All books and records of SENIOR CITIZENS shall be open for inspection during normal business hours to any member of the public, the Calhoun County Auditor, and such persons as may be given that authority, in writing, by the Commissioners' Court, provided, however that this clause shall in no way be construed to override the provision of the Federal Privacy Act or other state or federal law or regulation concerning the disclosure of confidential or privacy matters. 9. Effectiveness: This contract is effective upon approval by Order of the Calhoun County Commissioners' Court 10. Non -Discrimination: SENIOR CITIZENS agrees to operation under a policy of non-discrimination with regard to the provision of said services. Such policy shall prohibit discrimination on the basis of race, sex, age, religion, color, handicap, disability, national origin, language, political affiliation or belief or other non -merit factor. Any act of . discrimination shall constitute a material breach of this contract 1L Sexual Harassment Prohibited: SENIOR CITIZENS agrees to adopt and maintain a policy that prohibits sexual harassment Any act of sexual harassment constitutes a material breach of this contract 12. Applicable Laws: SENIOR CITIZENS agrees to comply with any and all applicable laws, local, state and federal, regarding work hours, safety, wages, social security benefits, and/or workers compensation. This clause places a duty to meet the requirements of such laws only if the law itself places such a duty on SENIOR CITIZENS. Any act in 80 violation of any of those laws or ordinances shall constitute a material breach of this contract 13. Defauln a. In the event either patty shall fail to keep, observe or perform any covenant, contract, term or provision of this contract to be kept, observed or performed by such party, respectively, and such default shall continue for a period of ten days after notice thereof by the non -defaulting party to the other, then in a¢y such event the ¢on -defaulting party shall be entitled to terminate this contract b. No delay on the part of either patty in exercising any right, power or privilege shall operate as a waiver thereof; nor shall any single or partial exercise of any right, power or privilege constitute such a waiver nor exhaust the same, which shall be continuing. No notice to or demand on either party in any case shall entitle such party to any other or further notice or demand in similar or other circumstances, or constitute a waiver of the rights of either patty to any other or further action in any circumstances without notice or demand. 14. Successors and Assigns: This contract shall inure to the benefit of, and be binding upon, the parties hereto and their respective heirs, legal representatives, successors and assigns; provided that SENIOR CITIZENS may not assign this contract without County'r prior written consent 15. Governing Law: This contract shall be governed by and construed and interpreted in accordance with the laws of the State of Texas and shall be enforceable in, and venue shall be in, Calhoun County, Texas. 16. Notices: Any notice or communication hereunder must be in writing, and may be given by registered or certified mail; if given by registered or certified mail, same shall be deemed to have been given and received when a registered or certified letter containing such notice, properly addressed, with postage prepaid, is deposited in the United States mail; and if given otherwise than by registered mail, it shall be deemed by haven been given when delivered to and received by the party to whom it is addressed. Such notices or communications shall be given to the parties hereto at the addresses set forth below. Any party heretomayat any time by giving ten days written notice to the other patty hereto designate any other address in substitution of the foregoing address to which such notice or communication shall be given. 17. Severability: If any term, covenant or condition of this contract or the application thereof to any person or circumstance shall, to any extent, be invalid or unenforceable, the remainder of this contract or the application of such term, covenant or condition to persons or circumstances other than those as to which it is invalid or unenforceable, shall not be affected thereby, and each term, covenant or condition of this contract shall be valid and shall be enforced to the fullest extent permitted by law. 18. Relationship: The parties hereby agree that this is a contract for the administration of the program and hereby renounce the existence of any other relationship. In no event shall COUNTY have any obligation. or liability whatsoever with respect to any debts, obligations or liability of SENIOR CITIZENS, and SENIOR CMZENS shall have -- 781 no authority to bind COUNTY to any contract, matter or obligation. No duties of COUNTY are delegated to SENIOR CITIZENS by this contract and any provision which is or may be held to be such a delegation shall be of no force or effect 19. Modification, Termination: This contract may be amended, modified, terminated or released only be written instrument executed by COUNTY and SENIOR CITIZENS, except as herein otherwise provided. 20. Total Agreement: This contract is a total and complete integration of any and all undertakings existing between the parties hereto and supersedes any prior oral or written agreements, promises or representation between them. The headings of the various paragraphs of this contract are for convenience only, and shall not define, interpret, affect or prescribed the meaning and interpretation of the provisions of this contract CAL14OUN COUNTY CALHOUN COUNTY SENIOR CITIZENS ASSOCIATION, INC. i NOTICES COUNTY: SENIOR CITIZENS: Calhoun County Judge Chairman of the Boatel 211 S. Ann Street, Room 304 234 East Main Port Lavaca, Texas 77979 Port Lavaca, Texas 77979 CLERK'S CERTIFICATION I, Anita Fricke, County Clerk of Calhoun County, Texas, certify that the above contract was accepted and agreed to by the Commissioners' Court of Calhoun County on Deputy Clerk Date: -L- 9'0' 0 782 11 IFG-I-0002 1100 INSURANCE POLICY of Burlington Insurance Company A Stock Company Home Office: 238 International Road Burlington, North Carolina 27215 Tel. 336-586-2500 Privacy 0H this Insurance nor the Insurers that have underwritten this insurunce will disclose nonpublic personal infurnation concerning the buyer to nonaffliates of the Brokers or Insurers except as permitted lry laµ.' A Member of the International Financial Group Page 1 of 2 783 0 IF6 Companies =NUMBER:03 11/17/200e Expiration Date I THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY LISTING OF FORMS AND ENDORSEMENTS This listing forms a part of the following: Commercial General Liability Policy NUMBER TITLE INTERLINE IFG-I-0002 (11-00) COVER PAGE IFG-I-0101 (03-03) COMM DEC IL0003 (04-98) CALCULATION OF PREMIUM IL0017 (11-98) COMMON POLICY CONDITIONS INTERLINE -TX 13G-I-015 (08-00) MIN EARNED PREM BG-I-441 (01-03) SCHEDULE OF TERRORISM PREMIUMS IFG-I-0402 (11-00) SERVICE OF SUIT IL0021 (04-98)' NUCLEAR ENERGY NTP-I-TX (05-92) IMPORTANT NOTICE NTP-2-TX (03-98) SURPLUS LINES NOTICE GENERAL LIABILITY -TX IFG-G-0002-DL (03-03) GL DECLARATIONS IFG-G-0036 (08-01) EXCL-FUNGUS, DRY -ROT OR DECAY IFG-G-0060 (01-03) AMEND -AIRCRAFT, AUTO OR WATEERCRAFT BG-G-007 (09-99) EXCL-ASBESTOS, SILICA DUST PG-G-039 (04-92) AMEND PREM CONDITION 13G-G-042 (02-03) EXCL-ASSAULT BATTERY 13G-G-064 (09-99) CONT LIAB AMENDMENT BG-G-066 (04-92) " AMEND LIQUOR EXCL BG-G-139 409-99) EXCL-CROSS SUITS BG-G-173 (02-95) EXCL-PROD/COMP OPS CG0001 (07-98) GL COV FORM • • IFG-1-0150 0303 Issue Date: 11/04/03 Page 1 of 2 784 / POUCY NUMBER:226B000588 E Forms List (Continued) NUMBER TITLE CG0062 (12-02) EXCL-WAR LIABILITY CG0300 (01-96) DEDUCT LIM INS CG2002 (11-85) AI -CLUB MEMBERS CG2116 (07-98) EXCL-DESIGNATED PROF SVS CG2147 (07-98) EMPLOYMENT -RELATED PRACTICES CG2149 (09-99) TOTAL POLLUTION CG2175 (12-02) EXCL-CERTIFIED ACTS OF TERRORISM NUMBER Additional Forms TITLE IFG-1-0150 0303 Issue Date: 11/04/03 Page 2 of 2 785 Policy Number: 22613000588 COMMERCIAL GENERAL LIABILITY IFG Companies DECLARATIONS Named Insured: Effective Date: CALHOUN COUNTY SENIOR CITIZENS 11/17/2003 Item 1. LIMITS OF INSURANCE $300, 000 General Aggregate Limit (Other Than Products - Completed Operations) $300, 000 Products - Completed Operations Aggregate Limit $300, 000 Personal and Advertising Injury Limit J $300, 000 Each Occurrence Limit 1 $100, 000 Damage To Premises Rented To You Limit (Any One Premises) $5, 000 Medical Expense Limit (Any One Person) Refer to individual policy forms and/or endorsements for various coverage sublimlts,if applicable. Item 2. AUDIT PERIOD (If Applicable): ❑ Annually ❑ Semi -Annually ❑ Quarterly ❑ Monthly Item3. FORM(S) AND ENDORSEMENT(S) made apart ofthis policyattime ofissue: See Listing of Forms and Endorsements (IFG-I-0150) Item 4. COMPOSITE RATE ❑ If box is checked, see Composite Rate Endorsement (IFG-1-0152) for applicable classification, rates and premiums. If box is notchecked, see page 2 of these Declarations for applicable classifications, rates and premiums. Item 5, RETROACTIVE DATE (CG 00 02 only) : Coverage A of this Insurance does not apply to "bodily injury" or "property damage"which occurs before the Retroactive Date, if any, shown here: WNE (Enter Date or "None" If no Retroactive Date applies.) Item 6. PREMIUMS $ 1,000.00 Total Coverage Part Advance Premium $ 1,000.00 Coverage Part Minimum Premium (if applicable) ....a �..a ae n..liry ncrind. These Declarations are part of the Y011cY ueaarauons cvnmuuny u— uauio.,... o . I J 0 IFG-G-0002-DL 0303 Page t of W4b �y u CONTRACT between CALHOUN COUNTY And TEXAS SETTLEMENT REGION. STATE OF TEXAS COUNTY OF CALHOUN WHEREAS, Calhoun County, hereinafter COUNTY, a political subdivision of the State of Texas, has determined that the expenditure of county funds proposed herein is one which serves a public purpose and has further determined that the State of Texas, by its Constitution or by its state statutes, either implicitly or explicitly, has conferred upon COUNTY the authority, the power and the jurisdiction to accomplish the uses for said funds as proposed herein, infra Having found the above elements fully satisfied, COUNTY may contract with a private nonprofit corporation so that they may use said public funds for the purposes contemplated herein, but only if the expenditure is to accomplish "county • business" (which encompasses matters of general concern to county residents) and only if COUNTY assures itself that the funds to be transferred by this contract are subject to adequate contractual or other controls to ensure that expenditure of said county funds for the public purpose stated herein will be accomplished and so long as COUNTY received adequate consideration for the county funds to be provided by this contract WHEREAS, The Texas Settlement Region, a Texas nonprofit corporation, hereinafter referred to as TEXAS SETTLEMENT REGION, is engaged in promoting tourism in our region based upon our history, culture and natural attractions and providing an economic development area for the betterment of Calhoun County, and desires to enter into such a contract for the provision of certain services for the COUNTY; said services being considered by both parties to this contract as fair consideration from the TEXAS SETTLEMENT REGION to COUNTYm exchange for the funds transferred hereby. IT IS THEREFORE AGREED THAT: L Payment by County; In consideration that the services described below to the residents of COUNTY TEXAS SF,TTLEMENT REGION shall be entitled to a sum not to exceed $1,500.00 per annum. Such amount shall be disbursed by COUNTY to TEXAS SETTLEMENT REGION on or after January 1, 2004, upon written request for TEXAS SETTLEMENT REGION. Is 2. 1pzurance: SET 7TsIsura�cREGIO at all times a oliry of liab ' nsu�ance fo remises lab' for Pelson The County. require docum 'on of G Liability e. covers adequate is be detemrned individ y, depending on exposure. 3. Services: TEXAS SETTLEMENT REGION shall provide services through their Victoria Office to promote tourism in our region based upon our history, culture and natural attractions. 787 4. IRS Classification: TEXAS SE77I EMFNT REGION'S Internal Revenue Service, non-profit classification is 501(c)(3) and its IRS EIN is 74-2864719. 5. Most Recent Financial and Performance Reports: TEXAS SETTLEMENT REGION shall submit to COUNTY Auditor and COUNTY Judge each a copy of TEXAS SETTLEMENT REGION'S most current independent financial audit or end-of-yeaz financial report of all expenditures and income for the period of TEXAS SETTLEMENT REGIONS fiscal year ending in calendar year 2002, within 60 days of the approval of this contract. TEXAS SETTLEMENT REGION shall provide to COUNTY Auditor and COUNTY Judge each a performance review by which TEXAS SETTLEMENT REGION gives details of services provided and clients served for the previous COUNTY fiscal yew ending on December 31, 2003, on or before March 1, 2004. 6. Prospective Financial and Performance Reports: TEXAS SETTLEMENT REGION shall submit to COUNTY Auditor and COUNTYJudge each a copy of TEXAS SETTLEMENT REGION' independent financial audit or end -of -year financial report of all expenditures and income for the period of TEXAS SETTLEMENT REGION' fiscal year ending in calendar year 2003, within thirty days following its receipt by TEXAS SETTLEMENT REGION. TEXAS SETTLEMENT REGION shall provide to COUNTY Auditor and COUNTY Judge each a performance review by which TEXAS SETTLEMENT REGION gives details of services provided and clients served for TEXAS SETTLEMENT REGION' fiscal year ending in calendar year 2003, by Match 1, 2004. 7. Term: The Temr of this contract is to begin on January 1, 2004 and end on December 31, 2004, unless earlier terminated by either party on thirty days written notice. 8. Books and Records: All books and records of TEXAS SETTLEMENT REGION shall be open for inspection during normal business hours to any member of the public, the Calhoun County Auditor, and such persons as may be given that authority, in writing, by the Commissioners' Court, provided, however that this clause shall in no way be construed to override the provision of the Federal Privacy Act or other state or federal law or regulation concerning the disclosure of confidential or privacy matters. 9. Effectiveness: This contract is effective upon approval by Order of the Calhoun County Commissioners' Court. 10. Non -Discrimination: TEXAS SETTLEMENT REGION agrees to operation under a policy of non-discrimination with regard to the provision of said services. Such policy shall prohibit discrimination on the basis of race, sex, age, religion, color, handicap, disability, national origin, language, political affiliation or belief or other non -merit factor. Any act of discrimination shall constitute a material breach of this contract. 11. Sexual Harassment Prohibited: TEXAS SETTLEMENT REGION agrees to adopt and maintain a policy that prohibits sexual harassment. Any act of sexual harassment constitutes a material breach of this contract u 88 12. Applicable Laws: TEXAS SETTLEMENT REGION agrees to comply with any and all applicable laws, local, state and federal, regarding work hours, safety, wages, social security benefits, and/or workers compensation. This clause places a duty to meet the requirements of such laws only if the law itself places such a duty on TEXAS SETTLEMENT REGION. Any act in violation of any of those laws or ordinances shall constitute a material breach of this contract. 13. Default: a. In the event either party shall fail to keep, observe or perform any covenant, contract, term or provision of this contract to be kept, observed or performed by such party, respectively, and such default shall continue for a period of ten days after notice thereof by the non -defaulting party to the other, then in any such event the non -defaulting party shall be entitled to terminate this contract. b. No delay on the par of either party in exercising any right, power or privilege shall operate as a waiver thereof, nor shall any single or partial exercise of any right, power or privilege constitute such a waiver nor exhaust the same, which shall be continuing. No notice to or demand on either party in any case shall entitle • such party to any other or further notice or demand in similar or other circumstances, or constitute a waiver of the rights of either party to any other or further action in any circumstances without notice or demand. 14. Successors and Assigns: This contract shall inure to the benefit of, and be binding upon, the patties hereto and rhea respective heirs, legal representatives, successors and assigns; provided that TEXAS SETTLEMENT REGION may not assign this contract without CO UNTYS prior written consent. 15. Governing Law: This contract shall be governed by and construed and interpreted in accordance with the laws of the State of Texas and shall be enforceable in, and venue shall be in, Calhoun County, Texas. 16. Notices: Any notice or communication hereunder must be in writing, and may be given by registered or certified mail; if given by registered or certified mail, same shall be deemed to have been given and received when a registered or certified letter containing such notice, properly addressed, with postage prepaid, is deposited in the United States mail; and if given otherwise than by registered mail, it shall be deemed by haven been given when delivered to and received by the party to whom it is addressed Such notices or communications shall be given to the parties hereto at the addresses set forth below. Any party hereto may at any time by giving ten days written notice to the other party hereto designate any other address in substitution of the foregoing address to which such notice or communication shall be given. 17. Severability: If any term, covenant or condition of this contract or the application thereof to any person or circumstance shall, to any extent, be invalid or • unenforceable, the remainder of this contractor the application of such tern, covenant or condition to persons or circumstances other than those as to which it is invalid or unenforceable, shall not be affected thereby, and each tern, covenant or condition of this _ contract shall be valid and shall be enforced to the fullest extent permitted by law. 789 18. Relationship: The parties hereby agree that this is a contract for the administration of the Program and hereby renounce the existence of any other relationship. In no event shall COUNTY have any obligation or liability whatsoever with respect to any debts, obligations or liability of TEXAS SETTLEMENT REGION, and TEXAS SETTLEMENT REGION shall have no authority to bind COUNTY to any contract, matter or obligation. No duties of COUNTY ate delegated to TEXAS SETTLEMENT REGION by this contract and any provision which is or may be held to be such a delegation shall be of no force or effect. 19. Modification; Termination: This contract may be amended, modified, terminated or released only be written instrument executed by COUNTY and TEXAS SETTLEMENT REGION, except as herein otherwise provided. 20. Total Agreement: This contract is a total and complete integration of any and all undertakings existing between the parties hereto and supersedes any prior oral or written agreements, promises or representation between them. The headings of the various paragraphs of this contract are for convenience only, and shall not define, interpret, affect or prescribed the meaning and interpretation of the provisions of this contract. CALHOUN COUNTY TEXAS SETTLEMENT REGION By By: &Uyt.[i C�K�7'c.i �� Date: / ���'7 - Date: l !% " NOTICES COUNTY: TEXAS SETTLEMENT REGION: Calhoun County Judge P. O. Box 1132 211 S. Ann Street, Room 304 Victoria, TX 77902 Port Lavaca, Texas 77979 CLERK'S CERTIFICATION I, Anita Fricke, County Clerk of Calhoun County, Texas, certify that the above contract was accepted and agreed to by the Commissioners' Court of Calhoun County on � By: W4 r r uAluj-� eputy Clerk Date: 1 J 1� u • `__ 790 INTERLOCAL AGREEMENT REGARDING (9D ANIMAL CONTROL PARTIES This agreement is by and between Calhoun County (County) and the City of Port Lavaca (City) through their duly elected representatives. DURATION This agreement shall take effect upon the signing of this contract by both parties and shall continue from that date until December 31, 2001, and may be extended in annual increments upon mutual consent. This agreement may be extended or modified upon written approval of both parties. PURPOSE • Calhoun County (County) desires to engage the services of City to provide Animal Control services on a per call, as needed basis. TERMINATION This contract can be terminated by either party upon 30 days written notice to the other party. DUTIES City will provide personnel, equipment and facilities for the control, impoundment and euthanasia (if necessary) of animals according to the laws of Calhoun County and the State of Texas. City shall maintain its equipment and facilities in accordance with all laws applicable to such and shall train its Animal Control Officer as required by law, all of which are at City expense. City shall respond to calls from county residents andl the Calhoun County Sheriffs Office for detainment, impoundment and euthanasia (if necessary) of animals. County will pay City for the above services according to the following schedule within 30 days of invoice. Interlocal. Agreement - Animal Control Page 1 of 2 791 FEES City will receive from County as compensation for the above services: $25.00 for control and detention of an animal .35 per mile from City limits to location and back to animal shelter $75.00 10 day quarantine (if necessary) $30.00 euthanasia actual costs if after hours or on weekend of overtime INTENT It is the intent of the parties that this contract covers small animals such as dogs, cats, etc. Large animals, i.e. livestock etc., are not covered by this contract. NOTICES All notices required by this contract shall be sent as follows: County Judge 211 S. Ann Street Port Lev TX 77979 aj�47� ' Mayor Alex Davila, for City of Port Lavaca ATTFST- Calhoun County Interlocal Agreement - Animal Control Page 2 of 2 City Manager P.O. Box 105 Port Lavaca TX 77979 r 0 792 • • COUNTY CLERK - JP #4 AND JP # - MONTHLY REPORTS; The County Clerk, JP #4 and JP #5 presented their monthly reports for December, 2003 and after reading and verifying same, a Motion was made by Commissioner Galan and seconded by Commissioner Floyd that said reports be accepted as presented. Commissioners! Galvan, Balajka, Floyd, Rnster and Judge Pfeifer all voted in favor. BUDGET ADJUSTMENTS VARIOUS DEPARTMENTS A Motion was made by Commissioner Balajka and seconded by Commissioner Floyd that the following Budget Adjustrnents be approved as presented. Commissioner Galvan, Balajka, Floyd, Finster and Judge Pfeifer all voted in favor. IIII1+1n�II1II' II IlN'I r16 N fl 111 4 FIg III E E 0 a w w z e LL J z° V cW C z Z LL ° G z 0 o I?oe o ' 1-t� t. H M M N E E E vrmm a 793 _GOD 7 YQ C6 06 INC ca i c W m 0 ra S� i O ma N N o O H V! � zz z N O O O i 0 m L K 0 U' z z x m rn N W a w IL D J IL H w a a o s d �I W Co Z ad U 0 K O O C N N In Z D LA. J LLI W (7 W a Z 0 Z D LL N y�, V! zz z W W o O �ip�y a 0 C G W U id, N 0 . 0 IN — coo � 0 C6 C6 � ZE cm � 661 � m � � v � 0 GOD' I ca CR k �\\ } \ � a E##m ; ■ ) !!!j § e )k ) } 22 a a R 2 E alma \ )) \) ) \ \ \ \ \ \ ) _ a- } ; } _ / _ § ) / § m ] / § / ! k 2ow § § _ _ ) § k ) \ ) ) \ |\ 795 = � 0 C6 ac ° ° } \\ k \ \ \ \ 2 ; 2 k 2 co (A[ § § § 2LU ® $ § co g ( § § I E \ } \ } } mom I ' ©S $ a @ ■!! e \ \ \ \}k \ \Ct- �� � ) )jƒj \ \ \ \ 2 2 2 2 ! is .. 796 E � I-= GOD � � co � .am � 661 § � § cog §� � � coo c § 0 GOD & � B � 00 $ | ©= t ease @mmm ) B !! ■ !!! ; � � z 2 | } | / § z z § 2 ® |) /w 797 ; a a a a a a mmm \ #f E \ } \ \ \ } °a k 000 � @ � ) � § cm .|.■ o � ) \ \ w k ) w ) w k 2 \ ( ( 2 \ 2 2 ° ° 2 / CM� § � , Cos § CWO \ } F q §» - \ \\ } \# W W v ; ;_ D M§ / % r� EL)§2q \ _ $ a k ) 2 ( @ GOD \ � o \ coo ■| ,7 § I 0 0 I • I• F GO C Q 66 LC i C 1� Q Coe i O GOD COS Goa a a EE w N SO O S 0 O O O 0 G O O C p O CC H A H H N n n � N N O O S O p O pO H N N N Z Z z O O z z O z O z O z rn rn rn rn m w m rn a rn w w rn w m QQQU w m a � w a y U W > K W J W aa O y W m Z W O z 0 2 p O m d Q w Q� LU O O O O N N O N N h OWl tOD t0 N fN0 m z Z W w W O Of a O d Q W W Q J p H = Q W U W W z z s LL W LL p O H 914 3 799 .!!j F-w ) 2 � § � � � � M \ C= 2 S � cc§ § Co±;§| ■ a rI o �§ �§ § .(D \ } \ ) \ \ \ \ ) \ 2;; 2 2 2 2 e k 1 � � LJ � 0 .0 r � � I-- coo � 0 CLO ac � ■ � ® � d IN— � § 661 c 2 � � § � c § v � 6w ocoo § ■ ■ o &a § © m■ ) � B | ©e,B ; k ! } \ } k \ \ \ } / } \ \ / \ z f /\ o ) § §§ E \ � § W ) k § ! / k » ) / / % } k \ } § ) k z § § |} IT ;!\ In - GOD � cc lam %I rs ME � a m � rma S §/ §° §§ §/ K/ §(LU s& §� �■ ®, 7 �■ ■ , , `| | . � a' � ! . \ \ \ § ) B § 9 ; 9 ° ■ S ° \ - a. } 2 § w z ) §/ § _ D k ] § § % k § § k ƒ 2 di § | ■ G G | � 2 § z | ` . ■ B k © ■ , , |7 § k k \ \ k k ) § \ 9 9 2 2 ■ m ° _ , , § ( . # \ @ . § § , 4 () L) 0 k ) ) j � k / § § § § \ ( w z■ § § } � � \ ! �< 802 I 0 0 0 0 � .GOD � 0 C6 � .�. � � � go ca ca � � v GOD 4. o � � I o � v ° kv ° ® ' ° a E § © j 2 } }. . | ix k � � k } § ƒ ■ ] |/ § d { { ! \. b92 @|k } ®#) .� � ! �cm .C6 � k k � z � � � o §§ �k\ � ■ GOD � | S ° cc G . § B � e § \ 2 § § \ ■■ ® a a a �) § J }) \ } k a §k k| i ! k k k \ \ \ §( 2 2 2 2 2; P @ 2 2 $ ! ! & \ ® § K § ( § } § \ k § § \ § w § ( ) LLJr o ° § ( ! ( ® ) )aW $ § 2 * § k § | § B �/ » 7 I 0 � 804 • i P M GOD INC mm o cc C6 C6 dc 0 an ca ca aO go Z' GOD O ! OD t f i Y_ cm 0 0 0 0 0 0 0 p o w N W ON W W n N � � N H o O O O O O O S O m N ui ✓' K y H Z Z Z Z z z z Z Z Z Z Z � Z i z Z z � W U U Ill O H j 0 U U W W O U U U O O Z W 7 Z Z Z p Cl) W Z LL 0 U' W J > C = n W w w 3 w W o W LL J 2 < w w a U N ui j O O O 1p m m N Ol N UOJ �f6J N O O S O r H K H H O Z F O O S aOa W C Z Z Z z m � W E N C W f t�1 Z 6 Z O LU G C lu zz z W Q W O 0 0 Z 805 � � go � sc § 3 @} © _ § k; �\ \ �L ■ , LU § ) \ ( § moo B � ( \ � ! @ ` ` B■ B z � \ \ \ q } \ \ \ \ \ } \ \ \ \ ) k j § § § ) / § * ! k \ ( a 2 ( b § § § w § w ^ § / k � , G \ � . ! » 806 9 0 0 0 bmw coo � ca � � cm 2c � CA .0 m In- � ca � o ; � e 0 &a \ 2 \ \ } klu ; 1- ■ \ k \ ) 2 9 \ 2 k 2 \ k \ 2 \ 2 § } 2 \ 2 ! � �\ k k \ \ \ z � \ \ / _ ` § § IL co LU u - ( § / } = § w LLI( § 2 ■}) a ) ) § G G 2 I lu k) § [ } ( | | / \ \ \ ) § 9 9 § ; e 9 12, § { / 2 - IL � @ [ [ d § * § § § § - Y E § § - § 20 ( § \ \ g > ■ \ § Q ) ■ § z � § , � I- . - \ k � 0 . | \q§ 0 0 7 C� 11 �W cwo Q 0 06 Q ca Q CD boom am CA coo O m CA 0 Ga e 0 a r r W Ol C V G O O N Oi O O O O O N H H O p o p p o o O O O O O O o O o H W OH H th n h H H W fop AND <6 N V H N � H z i r z z z z zzzzzzzzzzzzzzzz m m rn rn rn m rn rn m rn rn rn rn rn rn a rn rn rn rn rn rn rn rn rn w w a rn rn m rn rn a w w a a o. a a a a of a a a a w 0 w r O Y Y LL z w 0 r 0 cc r F cc Ir 0 ¢ w z z Z M a W � p m a 2 O d z O t w U 4 O U 9 0 w y 00 - °-- O O r` U OU N _z Oo R N z z 0 r w w CO w a y y 2 co z IL °a cn F- zo W W W W m W O W O Cl U N a a U J _J J J J 0 a y w rj > j j N n I m a 809 .9 „■ •,!|| [� § ) a = � ■ | ■ /! 3 }| § (k ®[| �k � � � co ! | . ! k 0 k ) } } ° § § § 2 2 2 2 � - ° ■ ` ° § � � § _ L § _ m § § § 7 ! \ K f \ § ■ ■ j Go 00 \ w k ! \ � co ■e p �ig 2 ( { § § � � , § ■ | ` ■ ■ § L � . . . ! } k \ \ } \ \ § ) (of § 2 2 } j ® \ ! E 0 0 O N 11 i a m O O O O $ F O M H H O � m h � C z z SO O S O O o W O C tVV H Oi �l V LL' H H LL< W O w a a w N W 0 0 ul ir m z 5 to w f J p a O O O O m N p O O S O ppS N � O � S S S O O H H m S ZZ� Z K Z Z Z Z rn m rn m m w m a rn w LL w w 2 p a w } z 0 w a a �p O In h N O 3 a 0 0 o O O O O O O o o to m 0 0 0 0 0 0 0 o q c 0 z F z O o o O O O o O O O O m W O O O O O O O O O O O ? F n Oi C6 M 19 f9 M M IA N Q O O O O 0 0 O O 0 0 0 g z z z z z z z z z z z � w rn m rn m rn m rn rn rn rn rn rn m m m rn rn rn rn rn m rn m rn m m m rn rn rn rn m W QNQ W J W y 0 a a 0 w w N y W v i- QZZU w w a ? r LL LLI D W O h Z w 0 � m z z 4Q z 3 w O g o w 7 K w S O d 0 p U W U K z QU f0 a f N J 2 O O O O O N N O O N O 00 z z a m rn rn • A S12 E • bm— GOD C cm cc CLI C6 W � O Z e co an COD GOD 661 ca ca GOD GOD 0 v F 7 LL z 0 a LU W N W It IL 0 Z F- Z W w W Q Z (n 6 o 0 z 0 iii W � a W 2 _ Z 0 Z W L o LL O O O O C o o ? O JO O V H W N N NNO K tl N N ii D +aa _ a(D O O � S 8 m0 o �a UW QW Z�j wLL8 E E E OOr Z i w LU U � U U N � o a z z o 0 a:C O U_ U K v� o M � O �( � p C Z F LL v N ZO S W Q Z L ; Z W s Z Z 6 W LL 8 0 O O 0 0 0 pN O' O O OO ID b b 0 0 m p y N M N m 0 p0 O O O O O Op O O O O O tV N M N 8 0 GENERAL DISCUSSION: Commissioner Balajka told the court that the property behind the Precinct #2 Barn has been appraised and he is waiting to hear back from attorneys on this matter. Judge Pfeifer has been In contact with Mrs. Whittaker from Port O'Connor and the MUD District about the alley way on Mrs. Whittaker's property. Mrs. Whittaker will be at the next Commissioners' Court Meeting and Judge Pfeifer will also ask someone from the MUD District to attend meeting. Commissioner Floyd and Judge Pfeifer went to Houston to meet with Bailey & Associates the architect that Is working with Spew Maxwell on the courthouse and they reviewed the diagrams. Sheriff Browning gave an update on the Homeland Security Grant. The Sheriffs Office will be getting two pickup trucks and walkie talkies. ACCOUNTS ALLOWED - COUNTY Claims filing $493,624.30 were presented by the County Treasurer and after reading and verifying same, a Motion was made by Commissioner Floyd and seconded by Commissioner Galvan that said claims be approved for payment. CommissionersGalvan, Balajka, Floyd, Flnster and Judge Pfeffer all voted in favor. Meeting was adjoumed at 011:05 am. 0 S14