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HomeMy WebLinkAbout2007-09-18-6:00PM-REGULARED BRAZOS COUNTY BRYAN, TEXAS NOTICE OF MEETING AND AGENDA BRAZOS COUNTY COMMISSIONERS COURT THE COMMISSIONERS COURT OF BRAZOS COUNTY WILL MEET IN REGULAR SESSION ON 18 SEPTEMBER 2007 AT 6:00 P.M. IN ROOM 102 OF THE BRAZOS CENTER, 3232 BRIARCREST DRIVE, BRYAN, TEXAS. 1. Invocation and Pledge of Allegiance — Commissioner Peters. 2. Call for citizen's input and/or concerns. Consider and take action on agenda items 3 — 27: 3. Budget Amendment 06/07 -45.1 thru 06/07 -45.7. 4. Resolution 07 -015 levying a tax rate for Brazos County for the tax year 2007. 5. Brazos County Salary Schedule for FY 2008. 6. Personnel Change of Status. 7. Out of state travel request from the MPO for Jennifer Timms to attend the Rail — Volution conference in Miami, FL. Dates of travel are 31 October — 3 November 2007. 8. Out of state travel request from the MPO for Linda LaSut to attend the AMPO Annual Conference in Little Rock, AR. Dates of travel are 2 -5 October 2007. 9. Payment of Claims. Office of the County Judge • 300 East 26t" St. • Suite 114 Bryan, Texas 77803 • Fax: (979) 361 -4503 �bI � Commissioners Court Agenda 18 September 2007 Page 2 10. Renewal of the Property and Casualty Insurance 11. Agreement with Caremarkpcs Health, L.P. and the National Association of Counties for managed pharmacy services for member county. 12. Agreement with Worldwide Canine, Inc. for the purchase of a narcotic detection and tracking dog 13. Revised job descriptions for the following positions in the Human Resources Department: a. HR Director b. HR Accountant c. HR Clerk II 14. Out of state travel request from Jail Administration for Sergeant Pauline Alonzo and Debra Pillow to attend the National Conference on Correctional Health Care in Nashville, TN. Dates of travel are 14 -17 October 2007. 15. Commissioners Court minutes for the following 2007 dates: a. 5 June Regular Meeting d. 19 June Workshop b. 12 June Regular Meeting e. 25 June Workshop c. 19 June Regular Meeting f. 26 June Regular Meeting 16. Proposed 2008 Holiday Schedule for Brazos County employees. 17. Designation of the day of the week, time and the location for Commissioners Court to convene in regular session each week during the next fiscal year. 18. Cancellation of the regular session of Commissioners Court for 25 September 2007; a quorum will not be available on that date. 19. Amendment to the copier lease for the Sheriff's Office, adding a copier and combining monthly copy allowances effective 10/01/07. 20. Permission to award RFP 2007 -046, Landscape Maintenance Service, to The Ground Crew, effective 1 October 2007 through 30 September 2008. 21. Renewal of Fuel Bid 04 -115 with Brenco Marketing at the current mark -up price for an additional year. Contract term is 1 October 2007 through 30 September 2008. 22. Capital requisition #00015536 in the amount of $6,250.00 for the purchase of a narcotics detection / tracking canine. 23. Requisition #00015475 in the amount of $10,200.00 to Environmental Systems for the annual maintenance contract for GIS equipment at the Road & Bridge Department. iot 1% 24 Commissioners Court Agenda 18 September 2007 Page 3 FY 2007 exemptions from competitive bidding requirements for the following: a. Absolute Environmental Services b. Alex Quiros, LPC C. Alliance Transportation Group d. Anna Satterfield, Ph.D. e. Associates for Applied Psychology / Brian Stagner, Ph.D. f. Atmos Energy g. Automation Displays, Inc. h. Ben Sanford & Associates i. Best Access System j. Brad Kerr Surveying k. Brazos Abuse Intervention Program / Vernon Van Rooy, LPC 1. Brooks Land Survey Co. M. Bruchez, Goss, Meronoff, Thornton & Hawthorne n. Bryan Freightliner o. Bryan Texas Utilities P. Brushy Water Supply Corp. q. Carlomagno Surveyng, Inc. r. City of Bryan S. City of College Station t. Coufal — Prater U. CSC Engineering & Environmental Consultants V. Dentrust Dental Texas, PC W. Department of Educational Psychology / Dave Lawson, Ph.D. X. Department of Psychology / Doug Snyder, Ph.D. Y. Dr. Mahesh Dave Z. Dr. Raney Cherian aa. Family Psychological Service bb. Garrett Engineering CC. Goodwin - Lasiter, Inc. dd. Gulf Coast Trades Center ee. Halt Control — Responsibility / Roy Luepnitz, Ph.D. ff. Hi -Way Equipment gg. Hogan's Truck Equipment — International hh. Hunton Trane Services ii. Idexx Laboratories j j . Ikon / Texas Copy kk. Indigent Health Care Program 11. John Hamilton mm. K. W. Brown & Associates nn. Kennedy - Holtkamp, Inc. oo. Kling Engineering pp. Life Sign, LLP qq. Lofland Environmental rr. Lutheran Social Services ss. Microview Systems l I 3-7 Commissioners Court Agenda 18 September 2007 Page 4 tt. Milliman Consultants & Actuaries uu. Municipal Development Group vv. Mustang Tractor ww. OSR Water Supply Corp. xx. Pat Hicks, LCDC yy. Patterson Architects zz. Pledger Kalkomey, Inc. aaa. Portia Smith bbb. Public Financial Management (PFM) ccc. R. B. Everett ddd. Raybon Metcalf Engineering eee. Riley Engineering fff. Robertson Engineering ggg. S. T. Lovett & Associates hhh. Scott & White Clinic iii. Still Creek Ranch jjj. Strong Survey kkk. Terracon Consultants 111. Texas Avenue Medical Clinic mmm. Texas Commercial Waste nnn. Texas Voting Systems 000. The Counseling Center / Tammera Brown, LPC ppp. Tiburon, Inc. qqq. Tracy Thomas rrr. Unisys sss. Verizon ttt. Waste Systems Equipment, Inc. uuu. Welborn Water Supply vvv. Wharry Engineering www. Wickson Creek S.U.D. xxx. Winstead, Sechrest & Minick, P.C. 25. Request from Verizon Communications to construct a road bore (at a depth of 4 ft.) in the right of way of Greens Prairie Road at its intersection with Greens Prairie Trail for fiber optic cable installation. Site is located in Precinct 1. 26. Payment authorization in the amount of $302.90 to Landsdowne -Moody Company for a parts manual for the Road & Bridge Department. A purchase order was not obtained in advance. 27. Payment authorization in the amount of $4,495.86 to Hunton Trane Services for repairs on the centrifugal chiller in the courthouse. Repairs were thought to be covered under warranty so a purchase order was not obtained in advance. 28. Acknowledgement of the Order Determining Compensation of the County Auditor and Assistant County Auditors. fat 39 Commissioners Court Agenda 18 September 2007 Page 5 29. Announcement of interest items and possible future agenda topics. 30. Call for citizen input and /or concerns. 31. Agency / Board / Committee reports by Court members. 32. Adjourn The Brazos Center is wheelchair accessible. Handicap parking spaces are available. Any request for sign interpretive services must be made two business days before the meeting. To make arrangements, call (979) 361 -4102. COMMISSIONERS' COURT REGULAR MEETING SEPTEMBER 18, 2007 A regular meeting of the Commissioners' Court of Brazos County, Texas was held in the Brazos Center 3232 Briarcrest Drive, in Bryan, Brazos County, Texas, beginning at 6:00 p.m. on Tuesday, September 18, 2007 with the following members of the Court present: Randy Sims, County Judge, Presiding; Lloyd Wassermann, Commissioner of Precinct 1; Duane Peters, Commissioner of Precinct 2; Kenny Mallard, Commissioner of Precinct 3; Carey Cauley, Jr., Commissioner of Precinct 4; Karen McQueen, County Clerk. The attached sheet contains the names of the citizens and officials that were in attendance. Commissioner Peters gave the invocation and led the pledge of allegiance. There was no citizen input /and or concerns. The first matter before the Court was Budget Amendment #06/07 -45.1 through 45.7, which would reallocate funds for the Brazos Center, Justice of the Peace, Precinct 2, Place 1; transfer funds from Contingency to the Sheriff's office, to Constable, Precinct 4, to the 272nd District Court, from Road & Bridge Contingency to Road & Bridge, to increase the revenue of Alternative Dispute Resolution to increase the expenditures Vol j 0I Page '� Commissioners Court meeting September 18, 2007 2 of Dispute Resolution Center. On motion by Commissioner Cauley, seconded by Commissioner Peters, the Court voted unanimously to approve the budget amendment as submitted, a copy of which is attached. All members being present, the Court proceeded to adopt Resolution 07 -015 setting the tax rate for the year 2007. The County Judge read aloud the explanation of calculations for the percentage increase. On motion by the County Judge, seconded by Commissioner Cauley, the Court voted unanimously to set the ad valorem taxes against all property in Brazos County, Texas according to the following schedule: Maintenance & Operating Funds $.4030 Principal & Interest on County debt $.0620 TOTAL TAX RATE FOR 2007 $.4650 per $100 valuation The County Judge then moved to amend the original motion and add the statement that property taxes on all property in Brazos County to be increased by the adoption of a tax rate of $04650. This tax rate will raise more taxes for maintenance and operations than last year's tax rate. Commissioner Cauley seconded the motion and it carried unanimously. A copy of the Resolution is attached. Vol 101 Page � 1 Commissioners Court meeting September 18, 2007 The next matter before the Court was consideration of the Brazos County Salary Schedule for FY 2008. On motion by the County Judge, seconded by Commissioner Peters, the Court voted unanimously to adopt the attached schedule. The Court proceeded to consider the change of status of employees as submitted on the attached Personnel Action Requests. On motion by Commissioner Peters, seconded by Commissioner Wassermann, the Court voted unanimously to approve the change of status as submitted. The next matter for consideration by the Court was a request submitted by the Metropolitan Planning Organization seeking approval for out of state travel for Jennifer Timms to travel to Miami Beach, Florida to attend the Rail - Volution 2007 Conference October 31, 2007 through November 3, 2007. On motion by Commissioner Cauley, seconded by Commissioner Mallard, the Court voted unanimously to grant the request from the Metropolitan Planning Organization and approved payment for out of state travel expenses for Jennifer Timms. The next matter for consideration by the Court was a request submitted by the Metropolitan Planning Organization seeking approval for out of state travel for Linda LaSut to travel to Little Rock, Arkansas to attend the 2007 Metropolitan Planning Organization Conference October 2, 2007 Vol IN Page 4-9 3 Commissioners Court meeting September 18, 2007 4 through October 5, 2007. On motion by Commissioner Wassermann, seconded by Commissioner Peters, the Court voted unanimously to grant the request from the Metropolitan Planning Organization and approved payment for out of state travel expenses for Linda LaSut. The Court next considered the following Claims as submitted by the County Treasurer for payment: 7041418 through 7041716 On motion by Commissioner Cauley, seconded by Commissioner Peters, the Court voted unanimously to approve the Claims as submitted. The next matter before the Court was consideration of the renewal of the Property and Casualty Insurance. Bill Jeanes, Risk Manager recommended renewal of the attached policies and vendors. On motion by Commissioner Peters, seconded by Commissioner Mallard, the Court voted unanimously to accept the recommendation of the Risk Manager and approve the renewal of Property and Casualty Insurance with Texas Association of Counties and Great American in the amount of $322,309.00. Any changes during the year will increase or decrease this amount by $0.630 per $1,000 evaluation. The Court next considered an agreement with Caremarkpcs Health, L.P. and the National Association of Counties for Vol lol Page 43 Commissioners Court meeting September 18, 2007 5 managed pharmacy services for member county. On motion by Commissioner Cauley, seconded by Commissioner Peters, the Court voted unanimously to approve the agreement with Caremarkpcs. A copy of the agreement is attached. The County Judge went back to consider item 4. On motion by the County Judge, seconded by Commissioner Cauley, the Court voted unanimously to ratify the original motion to adopt the tax rate with the following wording: This tax rate will raise more taxes for maintenance and operations than last year's tax rate. The next matter before the Court was consideration of of an agreement with Worldwide Canine, Inc. for the purchase of a narcotic detection and tracking dog. The cost of the dog is $6,250.00 which includes handler's training, a leash and choke chain. Worldwide Canine, Inc. will provide housing for handlers who are from out of town during the training period. On motion by Commissioner Cauley, seconded by Commissioner Peters, the Court voted unanimously to approve the Agreement. A copy is attached. The Court next considered approval of the revised job descriptions for the following positions in the Human Resources Department: a. HR Director b. HR Accountant c. HR Clerk II Vol i of Page 44 Commissioners Court meeting September 18, 2007 6 On motion by Commissioner Wassermann, seconded by Commissioner Cauley, the Court voted unanimously to approve the revised job descriptions. A copy of each is attached. The next matter for consideration by the Court was a request submitted by the Jail Administrator, Wayne Dicky, for approval for Sergeant Pauline Alonzo and Correctional Health Professional Debra Pillow to attend the National Conference on Correctional Health Care in Nashville, Tennessee, October 14- 17, 2007. On motion by Commissioner Peters, seconded by Commissioner Mallard, the Court voted unanimously to grant the request from the Jail Administrator and approved payment of out of state travel expense for Sergeant Pauline Alonzo and Correctional Health Professional Debra Pillow. The Court next considered approval of the minutes of the Commissioners' Court meetings held in June 2007 on the following dates: Regular Meetings - 5tn, 12tn, 19th 26tH Workshop - 19th, 25th On motion by Commissioner Peters, seconded by Commissioner Mallard, the Court voted unanimously to approve the minutes as submitted. The next matter before the Court was consideration of the proposed 2008 Holiday Schedule for Brazos County employees. On Vol I b / Page 45 Commissioners Court meeting September 18, 2007 7 motion by the County Judge, seconded by Commissioner Peters, the Court proceeded to set the holidays to be observed by Brazos County for 2008 as follows: January 1, 2008 New Year January 21, Martin Luther King Birthday March 21, Good Friday May 26, Memorial Day July 4, Independence Day September 1, Labor Day November 27 & 28 Thanksgiving December 24 & 25 Christmas One (1) Floating Holiday The Court next considered the designation of the day of the week and the location for the Commissioners Court to convene in regular session each week during the next fiscal year. On motion by Commissioner Peters, seconded by Commissioner Wassermann, the Court voted unanimously to convene in regular session each Tuesday morning at 9:00 a.m. in the Commissioners Courtroom, Suite 115 of the Brazos County Courthouse with the exception of the third Tuesday of each month when it will convene in room 102 of the Brazos Center. The next matter before the Court was consideration of the cancellation of the Commissioners Court meeting for September 25, 2007. On motion by the County Judge, seconded by Commissioner Peters, the Court voted unanimously to cancel the meeting of September 25, 2007 because there would not be a quorum present. Vol 101 Page W Commissioners Court meeting September 18, 2007 quorum present. 8 The next matter before the Court was consideration of an amendment to the copier lease for the Sheriff's office. This amendment will add a copier and combine the monthly copy allowance between the two machines to eliminate any copy overages. On motion by Commissioner Cauley, seconded by Commissioner Peters, the Court voted unanimously to approve the amendment to the copier lease. This is effective October 1, 2007 and the lease termination date will not be September 30. 2011. A copy of the amendment is attached. The Court next considered awarding RFP No. 2007 -046, Landscape Maintenance Services. Pat Howard, Purchasing Agent, recommended acceptance of the RFP submitted by Brazos County Landscape Maintenance Service. On motion by Commissioner Peters, seconded by Commissioner Wassermann, the Court voted unanimously to accept the recommendation of the Purchasing Agent and award the contract to Brazos County Landscape Maintenance Service. A copy of the bid tabulation is attached. The next matter before the Court was consideration of the renewal of Fuel Bid 04 -115 with Brenco Marketing at the current mark -up price for an additional year. The contract would be effective from October 1, 2007 through September 30, 2008. On motion by Commissioner Peters, seconded by Commissioner Cauley, Vol (of Page 47 Commissioners Court meeting September 18, 2007 9 the Court voted unanimously to approve the renewal of Bid 04- 115 for the purchase of fuel. A copy of the renewal is attached. The Court next considered capital requisition No. 00015536 in the amount of $6,250.00 to Worldwide Canine, Inc. for the purchase of a Narcotic Detection /Tracking Canine. On motion by Commissioner Cauley, seconded by Commissioner Peters, the Court voted unanimously to approve the capital requisition. The next matter before the Court was consideration of a requisition No. 00015475 in the amount of $10,2000.00 to Environmental Systems for the annual Maintenance Contract for GIS equipment at the Road & Bridge Department. On motion by Commissioner Wassermann, seconded by Commissioner Cauley, the Court voted unanimously to approve the requisition. The Court next considered approval of exemptions from competitive bidding for FY 2008. On motion by Commissioner Mallard, seconded by Commissioner Cauley, the Court voted unanimously to approve the following list of vendors from competitive bidding for FY 2008: a. Absolute Environmental Services b. Alex Quiros, LPC C. Alliance Transportation Group d. Anna Satterfield, Ph.D. e. Associates for Applied Psychology / Brian Stagner, Ph.D. f. Atmos Energy g. Automation Displays, Inc. Vol I o Page L4 Commissioners Court meeting September 18, 2007 h. Ben Sanford & Associates i. Best Access System j. Brad Kerr Surveying k. Brazos Abuse Intervention Program / Vernon Van Rooy, LPC 1. Brooks Land Survey Co. M. Bruchez, Goss, Meronoff, Thornton & Hawthorne n. Bryan Freightliner o. Bryan Texas Utilities P. Brushy Water Supply Corp. q. Carlomagno Surveyng, Inc. r. City of Bryan S. City of College Station t. Coufal - Prater U. CSC Engineering & Environmental Consultants V. Dentrust Dental Texas, PC W. Department of Educational Psychology /Dave Lawson, Ph.D. X. Department of Psychology /Doug Snyder, Ph.D. Y- Dr. Mahesh Dave Z. Dr. Raney Cherian aa. Family Psychological Service bb. Garrett Engineering CC. Goodwin- Lasiter, Inc. dd. Gulf Coast Trades Center ee. Halt Control- Responsibility /Roy Luepnitz, Ph.D. ff. Hi -Way Equipment gg. Hogan's Truck Equipment - International hh. Hunton Trane Services ii. Idexx Laboratories jj. Ikon / Texas Copy kk. Indigent Health Care Program 11. John Hamilton mm. K. W. Brown & Associates nn. Kennedy - Holtkamp, Inc. oo. Kling Engineering pp. Life Sign, LLP qq. Lofland Environmental rr. Lutheran Social Services ss. Microview Systems tt. Milliman Consultants & Actuaries uu. Municipal Development Group Vol 1 y 1 Page �9 10 Commissioners Court meeting September 18, 2007 vv. Mustang Tractor ww. OSR Water Supply Corp. xx. Pat Hicks, LCDC yy. Patterson Architects zz. Pledger Kalkomey, Inc. aaa. Portia Smith bbb. Public Financial Management (PFM) ccc. R. B. Everett ddd. Raybon Metcalf Engineering eee. Riley Engineering fff. Robertson Engineering ggg. S. T. Lovett & Associates hhh. Scott & White Clinic iii. Still Creek Ranch jjj. Strong Survey kkk. Terracon Consultants 111. Texas Avenue Medical Clinic mmm. Texas Commercial Waste nnn. Texas Voting Systems 000. The Counseling Center /Tammera Brown, LPC ppp. Tiburon, Inc. qqq. Tracy Thomas rrr. Unisys sss. Verizon ttt. Waste Systems Equipment, Inc. uuu. Welborn Water Supply vvv. Wharry Engineering www. Wickson Creek S.U.D. xxx. Winstead, Sechrest & Minick, P.C. 11 The Court next considered the request from Verizon Communications to construct a road bore at a depth of 4 feet for fiber optic cable installation in the right -of -way of Greens Prairie Road at its intersection with Greens Prairie Trail. The site is located in Precinct 1. The County Engineer stated that all appeared to be in order and recommended approval. On motion by Commissioner Wassermann, seconded by Commissioner Peters, the Court voted unanimously Vol I o 1 Page 50 Commissioners Court meeting September 18, 2007 12 to approve the request by Verizon and authorized the installation. A copy of the request is attached hereto. The next matter before the Court was consideration of a payment authorization in the amount of $302.90 to Lansdown- Moody Company for a parts manual for the Road & Bridge Department. On motion by Commissioner Peters, seconded by Commissioner Mallard, the Court voted unanimously to approve the payment authorization. The Court next considered a payment authorization in the amount of $4,495.86 to Hunton Trane Services for repairs on the centrifugal chiller in the courthouse. The repairs were thought to be covered under the warranty so a purchase order was not obtained in advance. On motion by Commissioner Cauley, seconded by Commissioner Peters, the Court voted unanimously to approve the payment authorization. The next matter before the Court was acknowledgment of the Order Determining Compensation of the County Auditor and Assistant County Auditors. A copy is attached. There were no announcements of interest items and possible future agenda topics. Under citizen input and /or concerns the following spoke: Kristy Roe -Tax Assessor /Collector Vol l ® Page N Commissioners Court meeting September 18, 2007 a) Reported on a meeting with TxDOT at the Brazos Center. The seven surrounding counties attended the meeting in which the State informed them it is changing the process for license plates. It becomes effective next month. 13 There were no Agency /Board /Committee reports by Court members. There being no further business to come before the Court, the meeting was adjourned. Vol ! o 1 Page 5 ,2, The foregoing minutes of the Commissioners Court meeting held September 18, 2007 have been examined and are approved in open Court this the day of 209Z, in Bryan, Brazos County, Texas. Randy SAS Lloyd W ssermann Count Judge Commissioner, Precinct 1 r Duane Peters Kenny Mal rd Commissioner, Precinct 2 Commissioner, Precinct 3 1 C rey auley, Jr Commis loner, Pr . cinct 4 Attest: �l Karen McQueen County Clerk Vol [ 61 Page 53 BRAZOS COUNTY Pg L of COMMISSIONER'S COURT /g, DAY OF AM��� Name (PLEASE PRINT) J o�n \mil cv1 M av\ ')l (/�L 20 0� Organization (PLEASE PRINT) Q k,V\Awuc, -TX - C7c)UA 70 1'l I -cp e 6h. c_ i h(A rr)lle -q ee inn �olxC',G� BRAZOS COUNTY COMMISSIONER'S COURT DAY OF , 20 0-) Co :cam Awpvf9 - Name (PLEASE PRINT) uRAp MWATH T Organization (PLEASE PRINT) RNA) X A� �: V%v\ C.�L1cQ -e. EZ-)� �n ----j-jq al 0 �,/- Al L7 ro/ 5S Pg r c r Pg J_ of "_ BRAZOS COUNTY COMMISSIONER'S COURT DAY -a) 20 ol Name Organization (PLEASE PRINT) (PLEASE PRINT) s I -TQk 0 M . 2 7 J i 0 f 5(n \ �f BRAZOS COUNTY, TEXAS BUDGET AMENDMENT(S) FOR THE 2006 -2007 BUDGET YEAR NO. 06/07-45.1 thru 06/07 -45.7 On this the 18`h day of September 2007 at a regular meeting of the Commissioners' Court, the following members were present: Randy Sims, County Judge, Presiding Lloyd Wassermann, Commissioner, Precinct 1 E. Duane Peters, Commissioner, Precinct 2 G. Kenny Mallard, Commissioner, Precinct 3 Carey Cauley, Jr., Commissioner, Precinct 4 Karen McQueen, County Clerk The following proceedings were held: THAT WHEREAS, on 18 September 2007 the Court heard and approved a budget amendment for the 2006 -2007 budget year for Brazos County, Texas; and WHEREAS, an expenditure is necessary due to the necessity to meet unusual and unforeseen conditions which could not be reasonably included in the original budget adopted 12 September 2006, the following amendment(s) to the original budget are hereby authorized, as described on the attached page(s). ADOPTED AND APPROVED this the 18th day of September 2007. THE COMMISSIONERS COURT OF BRAZOS COUNTY, TEXAS. IM Original: County Clerk's Office and attached to the original budget Copies: County Auditor County Treasurer Commissioners' Court Minutes lot 67 BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 06/07 - 45.1 9/18/2007 FD DIV ACCT PROJ DR/CR ACCOUNT NAME Increase Decrease 0100 11001500 61130000 CR Contingency 1,000.00 0100 28000100 65950000 DR Vehicle Maintenance 1,000.00 Sheriffs Department: To move funds from the County's Contin enc v to cover the deductibles on the vehicle maintenance costs Patrol Unit #126). Prepared By: fd Date: 9/11/2007 Department Approval Date County Judga,Approval Date 101 6E 0 BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 06/07 - 45.2 9/18/2007 FD DIV ACCT PROJ DR/CR ACCOUNT NAME Increase Decrease 0100 36500100 61880000 CR Utilities 3,000.00 0100 36500100 65050000 DR Building Maintenance 3,000.00 Brazos Center: To reallocate funds to cover the costs of repairing seven dividers between the Department's large asse bly rooms. Prepared By: fd Date: 9/1 1/2007 Department Approval Date County Jufte Approval Date IN 5,q BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 06/07 - 45.3 9/18/2007 Department Approval Date Prepared By: fd Date: 9/12/2007 /,/ / ,� G' County Jude Approval Date (al (�� FD DIV ACCT PROJ DR/CR ACCOUNT NAME Increase Decrease 0100 56001000 61130000 CR Contingency 10,000.00 0100 56005000 71015000 DR Citizens Collection Sites 5,000.00 0100 56005000 71701000 DR Solid Waste Hauling 5,000.00 Road & Bridge - Environmental Protection: To move funds from the Department's Conti n gency to cover the operation ex enses of the collection sites and solid waste hauling. Department Approval Date Prepared By: fd Date: 9/12/2007 /,/ / ,� G' County Jude Approval Date (al (�� BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 06/07 - 45.4 9/18/2007 FD DIV ACCT PROJ DR/CR ACCOUNT NAME Increase Decrease 1700 41006000 CR Fees - Alternative Dispute 2,015.00 1700 11070000 73400000 DR Dispute Resolution Center 2,015.00 Alternative Dispute Resolution Fund: To increase the budget to recognize the realized revenues in excess of origin budget as of August 31, 2007. Prepared By: fd Date: 9/12/2007 �'VGt -s� UGC JZ l �t Q Departdient Approval D to County Judge'Approval Date lot (�� BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 06/07 - 45.5 9/18/2007 ffM� • 1 ACCOUNT 1 11 1 11 WA 11111 -m '" • 1 1 11 1 11 •1.11111 Office Supplies 1 - __ =0410 11,1011 1111-WRI-I "WRI P-0-71-1111 ODE 0 Prepared By: fd Date: 9/13/2007 Department Approval Date BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 06/07 - 45.6 9/18/2007 FD DIV ACCT PROJ DR/CR ACCOUNT NAME Increase Decrease 0100 11001500 61130000 CR Contingency 692.00 0100 30401100 65950000 DR Vehicle Maintenance 692.00 Constable Pct. 4: To move funds from the Countys Contingency to cover the cost of repairing the air conditioner of the Department's 2004 Ford Crown Victoria. Three quotes from various vendors are included and the Department is re ues ing the funds based on the lowest quote. �� P to! 0 BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 06/07 - 45.7 9/18/2007 FD DIV ACCT PROJ DR/CR ACCOUNT NAME Increase Decrease 0100 11001500 61130000 CR Contingency 4,000.00 0100 22100100 61900000 DR Visiting - Court Reporter 4,000.00 272nd District Court: To move funds from the County's C ntinizencv to cover the visiting court rep orter expenses. BRAZOS COUNTY RESOLUTION LEVYING A TAX RATE FOR THE COUNTY OF BRAZOS FOR THE TAX YEAR 2007 4t q WHEREAS, the Commissioners Court is responsible for the levy or adoption of a tax rate for Brazos County, NOW, THEREFORE, BE IT RESOLVED that the Commissioners Court of Brazos County, Texas does hereby levy or adopt the tax rate on $100 of valuation for the County of Brazos for the tax year 2007 as follows: $0.4030 for the purpose of maintenance and operations $0.0620 for the payment of principal and interest on county debt $0.4650 Total Tax Rate THIS TAX RATE WILL RAISE MORE TAXES FOR MAINTENANCE AND OPERATIONS THAN LAST YEAR'S RATE. BE IT FURTHER RESOLVED that the Tax Assessor - Collector is hereby authorized to assess and collect the taxes of Brazos County in accordance with the above set rate. ADOPTED this the day of September, 2007. 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NC�OAi NNN� W pp OS O S JyA N S A p�mA m S pp pp +OO N W m �� A V NA fS W N V mm J yy m W NN OoS N V W S mNNN �OOm AACND mtJi�SJ mAN mJmm it N AQm SOO A�mm N W Am N ASm PERSONNEL CHANGE OF STATUS REQUESTS Commissioner Court Date: September 18, 2007 Department Submitting Information: Human Resources Purpose of Submissions: Consider and Take Action on Change Requests Department Submitting Employee Request Action Requested Request(s) Applies To District Attorney Escue, Jessica New Hire James, Andrea Transfer within Dept. Lalk, Margaret Retirement 85th District Court Chapman, Sophia Transfer within Dept. 272 °d District Court Evans, Kristie Transfer to Another Dept. Brazos Center Sutherland, Judy Transfer within Dept. County Judge Hopcus, Robin Resignation SO /Jail Alexander, Casey Resignation Tax Office Miller, Ronnie Underwood, Melissa Transfer within Dept. New Hire Approved in Commissioners' Court: Septembe County Judge's or Commissioner's Signature: (This Copy to be attached to minutes) iol 69 f PERSONNEL CHANGE OF STATUS REQUESTS FISCAL YEAR 2008 Commissioner Court Date: September 18, 2007 Department Submitting Information: Human Resources Purpose of Submissions: Consider and Take Action on Change Requests Department Submitting Employee Request Action Requested Request(s) Applies To Commissioner's Court McLeod, Ruth County Auditor County Judge Exposition Complex Bates, Amy Conkel, Megan Conner, Katie Deng, Fang Garton, John Li, Jie Lazano, Rosa Murph, Beverly Pratt, Brian See, Magdalen Hightower, Virginia Jett, Irene Anders, Kathleen Wolfe, Joan Increase Hours Worked Salary Increase Salary Increase Salary Increase Salary Increase Salary Increase Salary Increase Salary Increase Salary Increase Salary Increase Salary Increase Transfer to Another Dept. Transfer to Another Dept. Transfer to Another Dept. New Hire Human Resources Gentry, Misty Promotion Rodriguez, Beatrice Promotion Salazar, Jennifer Budgetary Change �o� i0 MPO Benthul, Bart Kubichek, Susan LaSut, Linda Timms, Jennifer SO /Jail Carpenter, Timothy Ivy, Raymond Kadilak, Paul St. Cyr, Roland Williams, Glynda Approved in Commissioners' Court: County Judge's or Commissioner's S (This Copy to be attached to minutes; Budgetary Change Budgetary Change Budgetary Change Budgetary Change New Hire New Hire Transfer within Dept. New Hire Transfer within Dept. CAREMARKPCS HEALTH, L.P. MANAGED PHARMACY BENEFIT SERVICES AGREEMENT CONSUMER CARD PROGRAM THIS RESTATED AGREEMENT (the "Agreement ") is effective beginning March 1, 2006 (the "Effective Date ") among National Association of Counties ( "Customer "), counties that are members of the National Association of Counties ( "Member County") and CaremarkPCS Health, L.P., formerly known as AdvancePCS Health, L.P. ( "Caremark "), for the purpose of delineating the terms and conditions under which Caremark will provide certain managed pharmacy benefit services to Member County and Customer. This restated agreement will amend and replace all existing Member County Agreements. Customer agrees that it will require each Member County to execute an individual agreement with Caremark in the form attached hereto as Exhibit C (the "Member County Agreement ") prior to Caremark's providing Services to such Member County. Caremark will not provide Services to Member County prior to the receipt of the Member County's execution of the Member County Agreement. STATEMENT OF SERVICES / OBLIGATIONS. 1.2 Services. Caremark will provide Member County the services as set forth in this Section 1, and the services described in any attachment, addendum or amendment hereto (collectively the "Services "). Caremark may make changes to the Services from time to time so long as such changes do not materially alter any of the provisions of this Agreement. 1.3 Participating Pharmacies. Caremark has created a network of Participating Pharmacies, which will perform pharmacy services for Participants. 1.4 Pharmacy Help Desk and Voice Response Unit. Caremark will provide Participating Pharmacies with help desk assistance and access to Caremark's voice response unit during Caremark's hours of operation. 1.5 Claims Processing. a. Submission of Claims. Caremark will adjudicate Claims submitted by Participating Pharmacies to Caremark in accordance with the Participating Pharmacy's agreement with Caremark and the Consumer Card Program. b. Collection at Point of Sale. Customer and Member County acknowledge that Participating Pharmacies will collect from the Participant one hundred percent (100 %) of the applicable prescription price, discounted at the rates set forth on Exhibit B as applicable, plus a transaction fee from the Participant. 1.5 Customer Service. Caremark will make available to Customer, Member County and Participants a toll free number during those hours of operation maintained by Caremark. Staff will be available to answer questions on the Consumer Card Program and Consumer Card Program guidelines. 1.6 Identification Cards. Caremark will, at its own cost, produce identification cards for Participants, which contain Member County's and Customer's logo(s). Identification cards will be available to any individual the Member County or Customer deem appropriate. Caremark will work with Member County on the distribution method for identification cards; provided, however if Member County requests that Caremark mail the identification cards to Members, postage and handling charges will apply. The Participant shall be responsible for paying for any prescriptions obtained while using the identification card. 1.7 Clinical Services and Drug Utilization Review ( "DUR "). a. Clinical Services. Caremark may provide to Member County its member compliance programs and other programs designed to ensure proper drug utilization and encourage the use of cost - effective NACo_k3- v2.doc (02/24/2006) [RxClaiml Page 1 of 29 This document contains proprietary information of Caremark, and may not be used for any purpose other than to evaluate entering into a relationship with Caremark, nor may it be duplicated or disclosed to others for any purpose. C ®� 7,;2 medications. These programs may include mailings to Participants with active prescriptions for targeted drug products or drug classes or to let Participants know that they may qualify for participation in a clinical trial program. Such mailings may include Participant and drug specific information and/or general educational material. Participants, by notifying Caremark, may opt -out of such programs. b. DUR Services. Caremark will provide its automated concurrent DUR Services for Claims. The information generated in connection with DUR Services is intended as an economical supplement to, and not as a substitute for, the knowledge, expertise, skill, and judgment of physicians, pharmacists, or other health care providers in providing patient care. Providers are individually responsible for acting or not acting upon information generated and transmitted through the DUR Services, and for performing services in each jurisdiction consistent with the scope of their licenses. Notwithstanding anything set forth in this Agreement, Caremark will have no obligation to acquire information concerning any Participant beyond the information that is included in Caremark's eligibility records or the Claims submitted by Participating Pharmacies in connection with the Consumer Card Program. 1.8 Formulary Services. Caremark will administer an open formulary for the Member County and will provide certain Services that are designed to provide useful clinical information to. physicians (the "Formulary Services "). Caremark may make changes to the Formulary Services described in this Agreement from time to time, and will notify Member County and Customer of any material changes to any formulary management programs. In all cases, the prescribing physician shall have final authority over the drug that is prescribed to the Participant. a. Rebate Contracts. Caremark contracts with certain Manufacturers for Rebate programs. b. Disclosure of Manufacturer Fees. Caremark may receive fees or other compensation from Manufacturers, including, without limitation, administrative fees not exceeding three percent of the aggregate cost of the pharmaceutical products dispensed to participants, and fees for property provided or services rendered to a Manufacturer (which may include providing physicians clinical messages consistent with the Performance Drug List, as defined below). Caremark's specialty pharmacies may also receive fees from Manufacturers for products and services provided. In addition, Caremark's mail order and specialty pharmacies may negotiate on their own behalf directly with Manufacturers for discounts, including rebated discounts based on market share or other factors. The term Rebates as used in this Agreement does not include these fees and discounts which belong exclusively to Caremark or Caremark's mail order or specialty pharmacies, respectively. C. Participant Authorizations and Disclosures. Customer and Member County shall comply with all Laws applicable to it as a sponsor of the Services or as otherwise consistent with its obligations under this Agreement. d. Additional Participant Discounts. Caremark may provide a program that will provide Participants with additional manufacturer discounts on certain drugs at the point of sale. From time to time, Caremark may revise the list of drugs that have additional participant discounts. The current list of drugs on which Participants may receive additional discounts is available upon request. Caremark will timely notify Member County and Customer of any revisions to this list of drugs. 1.9 Management Reports. Caremark will provide Member County and Customer with Caremark's standard management reports in connection with the Services, which reports may change from time to time at Caremark's discretion. Member County and Customer may elect to receive a reasonable number of the standard management reports made available by Caremark. 1.10 Mail Service Program. Caremark may provide to Member County mail order pharmacy services through its mail order pharmacy facilities. For the duration of this Agreement, Member County agrees that it will offer only Caremark mail order pharmacy services for its Participants covered under this Agreement, as further described below. Caremark shall fill prescriptions for Participants and shall mail such drugs or medications to such Participants subject to the following terms and conditions: NACo_k3- v2.doc (02/24/2006) iRxClaim] Page 2 of 29 This document contains proprietary information of Caremark, and may not be used for any purpose other than to evaluate entering into a relationship with Caremark, nor may it be duplicated or disclosed to others for any purpose. VO PAS', 73 a. Distribution of Information. Caremark shall provide Participants with its standard informational material explaining the mail service and the forms necessary for Participants to utilize mail service. Participants will have toll -free telephone access to a pharmacist and customer service representative. Access to a pharmacist will be available 24 hours per day, seven days per week. b. Delivery and Dispensing. Caremark shall dispense through its mail service pharmacy new or refill prescription orders upon receipt from a Participant of (i) a valid prescription order or a completed refill order form and (ii) the applicable payment. Caremark shall cause the filled prescriptions to be mailed to each Participant via common carrier at the address appearing on the face of the prescription so long as such addresses are in the United States. Caremark shall not be liable to Member County, Customer or Participant for any delay in delivery resulting from circumstances beyond Caremark's control as set forth in Section 6.2. Caremark's mail order pharmacies may dispense drugs even if the prescription is not accompanied by the correct amount however, Member County and Customer acknowledge and agree that Caremark may refuse to fill any prescription that is either not accompanied by the correct amount and/or for any Participant who has an unpaid balance with Caremark. 1.11 Preferred Drug Program. Caremark and the retail Participating Pharmacies will work together to encourage the use of Preferred Drugs by (i) identifying appropriate opportunities for converting a prescription from a non - Preferred Drug to a Preferred Drug, and (ii) contacting the Participant and the prescriber to request that the prescription be changed to the Preferred Drug. A Preferred Drug is one on the Performance Drug List, which has been developed by Caremark as a clinically appropriate and economically advantageous subset of the Caremark Formulary, as revised by Caremark from time to time. 1.12 Specialty Pharmacy. Caremark's specialty pharmacy service will be provided by a Caremark specialty pharmacy entity or its affiliate ( "Caremark SpecialtyRx "), and offers a distribution channel for certain pharmaceutical products that are generally biotechnological in nature, are given by injection, or otherwise require special handling ( "Specialty Medications "). Caremark SpecialtyRx shall provide prescription fulfillment and distribution of Specialty Medications and supplies, pharmaceutical care management services, as well as the types of Service that Member County receives under this Agreement, including but not limited to customer services, utilization and clinical management, integrated reporting and Claims processing ( "SpecialtyRx Services "). Caremark SpecialtyRx may receive prescriptions from Participants. through an affiliated Caremark mail facility or directly via the U.S. Mail or commercial carrier at the address specified by Caremark from time to time and may also receive prescriptions from physicians by fax or by U.S. Mail /commercial carrier. In accordance with the Consumer Card Program, Caremark SpecialtyRx shall dispense Covered Items in accordance with those prescriptions and mail the Covered Items to Participants at the designated address, so long as such address is located within the United States. Caremark SpecialtyRx may not dispense drugs to Participants who fail to submit the correct payment with their prescription. Caremark SpecialtyRx pharmaceutical care management services include but may not be limited to: (1) patient profiling focusing on the appropriateness of Specialty Medication therapy and care and the prevention of drug -drug interactions; (2) patient education materials; and (3) disease management and compliance programs with respect to Specialty Medications. As part of these services, Participants will be asked to participate in various surveys. Caremark will provide Member County and Customer with a list of the Specialty Medications and their corresponding rates (which may vary from Network Rates) upon request. Routine supplies (needles, syringes, alcohol swabs) in a sufficient quantity will be included at no additional expense. 2. FEES AND PAYMENT. NACo_k3- v2.doc (02 /24/2006)1RxClaiml Page 3 of 29 This document contains proprietary information of Caremark, and may not be used for any purpose other than to evaluate entering into a relationship with Caremark, nor may it be duplicated or disclosed to others for any purpose. Iol 7�-- 2.1 Fees. The parties agree that, in lieu of billing Member County a "per Claim" fee for Services, Caremark shall retain 100% of the Rebates as reasonable compensation for the Services. Customer and Member County understand and agree that neither they nor any Participant will share in the Rebate monies collected from Manufacturers by Caremark. 2.2 Remedies. In the event Member County or Customer incurs any fee, as identified in Exhibit B, it will pay Caremark such fees as reasonable compensation. In the event any such fees apply and Member County or Customer fails to pay Caremark by the due date any amount owing, Caremark, after making a reasonable effort to collect and upon notice to such Member County or Customer may, in addition to its remedies under this Agreement, at Law or in equity, do any or all of the following: (i) suspend performance of any or all of Caremark's obligations under or in connection with this Agreement with respect to such Member County or Customer, including Caremark's obligation to process Claims or (ii) set off against any amounts payable to such Member County or Customer by any amounts due Caremark from such Member County or Customer. 2.3 Pricing Changes. After the Initial Term of this Agreement, as set forth in Section 7. 1, Caremark may change the fees applicable to the Consumer Card Program. Caremark will give Customer sixty days' written notice of any change, and such change will take effect on the first day of the month following the sixty -day notice period. Customer may object to an increase in fees by providing written notice to Caremark at least thirty days before the expiration of the sixty -day notice period. If the parties cannot agree on an appropriate fee, this Agreement will terminate at the end of the sixty-day notice period. If Customer does not timely object, Customer will have no right to tenminate this Agreement based on the pricing change. 3. CUSTOMER AND MEMBER COUNTY OBLIGATIONS. 3.1 Marketing Materials. The parties agree to use only those marketing brochures and other advertising materials pertaining to Customer's Consumer Card Program (in any medium, including, but not limited to, written communications, verbal communications and web based marketing) that have been approved by the other. Member County and Customer further agree that they will communicate such requirements to its clients or groups and will ensure that such clients or groups comply with the requirements of this Section 3.1. Caremark may terminate this Agreement immediately in the event Member County or Customer fails to comply with the provisions of this Section 3.1. Caremark will provide its standard marketing brochures, advertising materials and mail order forms, as applicable, to Member County at no cost. Caremark will work with and support each Member County in marketing the Consumer Card Program at no cost. If the cost associated with providing such materials is determined by Caremark to be unreasonable or excessive, Customer or Member County shall pay for the costs of the materials at a rate to be mutually agreed to by the parties in writing. If Member County or Customer .elects to use customized brochures or advertising materials (in any medium, including but not limited to written communications, verbal communications and web based marketing), Member County and Customer will (i) obtain Caremark's approval on such forms, and (ii) pay a reasonable charge, as established by Caremark, for such materials if created or provided by Caremark. 3.2 Support of Consumer Card Program. Customer will recommend and support the Consumer Card Program in accordance with the terms of this Agreement. 4. USE OF AND ACCESS TO INFORMATION. 4.1 Use of Participant Information. Caremark, Customer and Member County may use, disclose, reproduce or adapt information obtained in connection with this Agreement, including Claims ( "Claims Information ") as well as Eligibility Information, in any manner they deem appropriate, except that each party and its agents, employees and contractors shall maintain the confidentiality of this information to the extent required by applicable Law, and may not use the information in any way prohibited by Law. Any work, compilation, processes or inventions developed by Caremark, Customer, Member County or their respective agents, employees or contractors, is deemed Confidential Information of such party under this Agreement. 4.2 Right to Audit Rebates. Customer, at its sole expense, may audit a reasonable sample of records directly related to Customer's Rebates once in each twelve -month period (following sixty (60) days written notice to NACo_k3- v2.doc (02/24/2006) lRxClalml Page 4 of 29 This document contains proprietary information of Caremark, and may not be used for any purpose other than to evaluate entering into a relationship with Caremark, nor may it be duplicated or disclosed to others for any purpose. lol 75 Caremark). Such records shall be limited to information necessary for validating the accuracy of the Rebate amounts distributed to Member County by Caremark. The parries agree that an independent third -party auditor agreeable to Customer and Caremark shall conduct such audit, and that such firm will sign a Caremark confidentiality agreement ensuring that all details and terms of all Manufacturer Rebate contracts with Caremark (except the total aggregate amount due to Customer) will be treated as confidential to Caremark and will not be revealed in any manner or form by or to any person or entity. Furthermore, such audit shall be conducted at Caremark's office where such records are located, during normal business hours, without undue interference with business activities, and in accordance with reasonable audit procedures. 5. CONFIDENTIALITY AND INTELLECTUAL PROPERTY. 5.1 Confidential and Proprietary Information. In connection with this Agreement, each party may disclose to the other party certain proprietary or confidential technical and business information, databases, trade secrets, and innovations belonging to the disclosing party ( "Confidential Information "), the value of which might be lost if the proprietary nature or confidentiality of such Confidential Information is not maintained. For the purposes of this Section, the contents of this Agreement and of any exhibits, amendments, or addenda attached hereto are deemed Confidential Information. Furthermore, any work, compilation, processes or inventions developed by Caremark, Member County or Customer, or their respective agents, employees or contractors, is deemed Confidential Information of such party under this Agreement. Notwithstanding the foregoing, Confidential Information may be disclosed by Member County in response to a request made pursuant to the Member County's applicable state Public Records Law, insofar as disclosure is required by that Law. Member County shall provide Caremark with (i) notice of its intent to disclose Confidential Information and (ii) an opportunity for Caremark to object to such disclosure in accordance with Law. Attached hereto as Exhibit D is a copy of this Agreement which redacts certain pricing information. Notwithstanding the foregoing, the parties agree that as a matter of convenience, Exhibit D may be disclosed by Member County as required by Member County's applicable Public Records Law without providing Caremark an opportunity to object. Member County agrees to provide Caremark with reasonable notice of its disclosure of Exhibit D. 5.2 Non - Disclosure of Confidential Information. The parties will not (except to the extent expressly authorized by this Agreement) disclose Confidential Information of any other to anyone outside of Caremark, Member County or Customer, nor will they copy or reproduce any Confidential Information of another unless expressly authorized to do so by such party in writing. Each party will disclose Confidential Information of another only to its employees who have a need to know the Confidential Information in order to accomplish the purpose of this Agreement and who (i) have been informed of the confidential and proprietary nature of the Confidential Information, and (ii) have agreed not to disclose it to others. In order to preserve and protect the confidential or proprietary nature of any Confidential Information and to prevent it from falling into the public domain or into the possession of persons not bound to maintain its confidentiality, each party will handle the Confidential Information of any other party with the same degree of care that it applies with respect to its own information that it considers as confidential and proprietary, but in no event with less than reasonable care. 5.3 Exceptions and Permitted Disclosures. The receiving party of Confidential Information will not be liable for any disclosure or use of Confidential Information which is publicly available or later becomes publicly available other than through a breach of this Agreement, or if the Confidential Information is shown by written documentation to be known to the receiving party on the date of execution of this Agreement, having been received from a source (other than a party to this Agreement) that had the right to disclose the Confidential Information. 5.4 Subpoena. Confidential Information may be disclosed pursuant to a bona fide subpoena if the party receiving the bona fide subpoena has given the other party prompt written notice of receipt of the subpoena so that the other party can object or otherwise intervene as it deems proper. 5.5 Return or Destruction of Information. All Confidential Information will remain the property of the disclosing party, and the receiving party will return all written or tangible materials, and all copies thereof, upon request of the disclosing party. If and to the extent feasible, upon termination of this Agreement, Caremark will destroy or will return to Member County or Customer all PHI obtained pursuant to this Agreement and shall retain no copies thereof; provided however, that if such return or destruction is not reasonably feasible, the provisions of Section 4 of this Agreement shall continue to apply to such information after the termination hereof. NACo k3- v2.doc (02 /24/2006)1RxClahnl Page 5 of 29 This document contains proprietary information of Caremark, and may not be used for any purpose other than to evaluate entering into a relationship with Caremark, nor may it be duplicated or disclosed to others for any purpose. 5.6 Proprietary to Caremark. Member County and Customer acknowledge that the Formulary is proprietary to Caremark. Further, all Caremark databases, as well as the software, hard coding, and logic used to generate the compilations of information contained in Caremark's Claims adjudication system and in all other databases developed by Caremark or its designees in connection with performing Services including identifiers assigned by Caremark, and the format of all reports, printouts, and copies there from, and any prior and future versions thereof by any name, are the property of Caremark and are protected by copyright which shall be owned by Caremark. 5.7 Tradenames; Trademarks; and Service Marks. None of the parties hereto may use any tradenames, trademarks or service marks of another, or any word or symbol likely to be confused with such tradenames, trademarks or service marks, unless authorized in writing or as expressly permitted by this Agreement. 5.8 Remedies. Any unauthorized disclosure or use of Confidential Information would cause Caremark, Member County or Customer immediate and irreparable injury or loss that cannot be adequately compensated with money damages. Accordingly, if any party hereto fails to comply with this Section 5, the other(s) will be entitled to specific performance including immediate issuance of a temporary restraining order or preliminary injunction enforcing this Agreement, and to judgment for damages (including reasonable attorneys' fees) caused by the breach, and to any other remedies provided by Law. 6. LIMITATION OF LIABILITY; COMPLIANCE WITH LAW. 6.1 Warranty. This Agreement is not a contract for the sale of goods. Caremark will perform the Services in a good and workmanlike manner in accordance with the customs, practices, and standards of providers skilled in the industry. EXCEPT AS WARRANTED IN THIS SECTION 6.1, CAREMARK DISCLAIMS ALL EXPRESS AND ALL IMPLIED WARRANTIES OF ANY KIND, INCLUDING THE SUITABILITY FOR ANY PARTICULAR PURPOSE OF THE DATA GENERATED THROUGH THE CAREMARK SYSTEM. CAREMARK RELIES ON FIRST DATABANK, MEDI -SPAN, OR INDUSTRY COMPARABLE DATABASES IN PROVIDING CUSTOMER, MEMBER COUNTY AND PARTICIPANTS WITH DRUG UTILIZATION REVIEW SERVICES. CAREMARK HAS UTILIZED DUE DILIGENCE IN COLLECTING AND REPORTING THE INFORMATION CONTAINED IN THE DATABASES AND HAS OBTAINED SUCH INFORMATION FROM SOURCES BELIEVED TO BE RELIABLE. CAREMARK, HOWEVER, DOES NOT WARRANT THE ACCURACY OF REPORTS, ALERTS, CODES, PRICES, OR OTHER DATA CONTAINED IN THE DATABASES. THE CLINICAL INFORMATION CONTAINED IN THE DATABASES AND THE FORMULARY IS INTENDED AS A SUPPLEMENT TO, AND NOT A SUBSTITUTE FOR, THE KNOWLEDGE, EXPERTISE, SKILL, AND JUDGMENT OF PHYSICIANS, PHARMACISTS, OR OTHER HEALTH -CARE PROFESSIONALS INVOLVED IN PARTICIPANT'S CARE. THE ABSENCE OF A WARNING FOR A GIVEN DRUG OR DRUG COMBINATION SHALL NOT BE CONSTRUED TO INDICATE THAT THE DRUG OR DRUG COMBINATION IS SAFE, APPROPRIATE OR EFFECTIVE FOR ANY PARTICIPANT. CAREMARK DOES NOT WARRANT THAT ITS SERVICES WILL BE UNINTERRUPTED OR ERROR FREE. 6.2 Force Majeure. Except for the payment obligations set forth in Section 2 of this Agreement, the parties are excused from performance under this Agreement to the extent that a party is prevented from performing any obligation, in whole or in part, as a result of causes beyond its reasonable control, including, acts of God, war, civil disturbance, court order, governmental intervention, Change in Law, nonperformance by the other party or any third party, failures or fluctuations in electrical power, heat, light, air conditioning, or telecommunications equipment. Any nonperformance under this Section 6.2 will not constitute a default or a ground for termination of this Agreement. 6.3 Indemnity. To the extent permitted by applicable Law applicable to Customer and each Member County, Customer and Member County shall indemnify and hold harmless Caremark and its officers, directors, employees, agents, successors, and assigns ( "Caremark Indemnitees ") for, from and against any damages, costs, or attorney's fees, actually incurred by Caremark a Caremark Indemnitee, as the result of a claim brought by any third party or a participant or beneficiary relating to the Services, provided that the Caremark Indemnitee has acted in a manner that is consistent with this Agreement and applicable standards of care. The foregoing indemnification shall not apply and shall not be enforceable to the extent any applicable Law prohibits a Member County from providing such indemnification. Caremark shall indemnify and hold harmless Member County, Customer and their officers, directors, employees, agents, successors, and assigns (collectively "Customer Indemnitees ") for, from and against any damages, costs, or attorney's fees, actually incurred by any Customer Indemnitee, as the result of a third party claim that NACo_k3- v2.doc (02/24/2006) 1RxClaiml Page 6 of 29 This document contains proprietary information of Caremark, and may not be used for any purpose other than to evaluate entering into a relationship with Caremark, nor may it be duplicated or disclosed to others for any purpose. lot -1? Caremark, its officers, directors, employees, agents, successors, or assigns acted with negligence, willfully, and/or in violation of applicable standards of care, provided that the Customer Indemnitee has acted in a manner that is consistent with this Agreement, the Consumer Card Program and applicable standards of care. However, nothing in this Agreement is to be construed as a waiver of governmental immunity as offered by the court or state law. 6.4 Compliance with Law. Customer and Member County will comply with all Laws applicable to its prescription drug benefit plan, including without limitation insurance licensing, antitrust, consumer protection, and any other Laws that may apply. Caremark has no responsibility to advise Member County or Customer about the applicability of or compliance with any applicable Law including, without limitation, HIPAA, the Employee Retirement Income Security Act, or the Americans with Disabilities Act. Caremark will comply with all Laws applicable to it and to the Services it provides under this Agreement. Member County and Customer have no responsibility to advise Caremark regarding its compliance with any applicable Law. Effective as of September 8, 2005, each party certifies that it shall not violate the federal anti - kickback statute, set forth at 42 U.S.C. § 1320a -7b(b) ( "Anti- Kickback Statute "), or the federal "Stark Law," set forth at 42 U.S.C. § 1395nn ( "Stark Law "), with respect to the performance of its obligations under this Agreement. Further, Caremark shall ensure that individuals meeting the definition of "Covered Persons" (as such term is defined in the Corporate Integrity Agreement between the Office of Inspector General of the Department of Health and Human Services and AdvancePCS) shall comply with Caremark's Compliance Program, including training related to the Anti - Kickback Statute and the Stark Law. In addition, Caremark's Code of Conduct and policies and procedures on the Anti- Kickback Statute and Stark Law maybe accessed at httv: / /www.caremark.com /wt)s /portal/ s.155 /3370 ?cros = CMS -2- 007764. 6.5 Change in Law. The parties will attempt to equitably adjust the terms of this Agreement to take into account any Change in Law or any material change in drug industry practice that materially alters the rights or obligations of either party under this Agreement. If the parties are unable to agree upon an equitable adjustment within sixty days after either party notifies the other of such a Change in Law or material change in drug industry practice, this Agreement will automatically terminate. 6.6 Limitations. In no event shall either party be liable to the other party, nor shall Caremark be liable to any Participant for any indirect, special, or consequential damages or lost profits, arising out of or related to performance of this Agreement or a breach of this Agreement, even if advised of the possibility of such damages or lost profits. Caremark (and its affiliates, directors, employees, agents, successors or assigns) will not be liable for any claim which is asserted by Member County or Customer more than ninety days after Member County or Customer is or reasonably should have been aware of such claim, and will in no event be liable for any claim which is asserted more than twelve months after the event resulting in damages or loss. Caremark does not direct or exercise any control over the professional judgment exercised by any pharmacist in dispensing prescriptions or otherwise providing pharmaceutical related services at a Participating Pharmacy. Participating Pharmacies are independent contractors, not subcontractors or agents of Caremark, and Caremark shall have no liability to Member County or Customer for a claim arising out of any act or omission of any Participating Pharmacy or its agents or employees. 7. TERM AND TERMINATION OF AGREEMENT. 7.1 Term. This Agreement is for an initial term of two years and four months from the Effective Date, through July 31, 2008 (the "Initial Term "), and will automatically continue in effect for successive one year terms thereafter, subject to the remaining provisions of this Section. 7.2 Termination. This Agreement may be terminated as follows: a. By any party, with or without cause, at the end of the Initial Term or any renewal term, by giving written notice to the others at least 60 days prior to the end of such Initial Term or renewal term; NACo_k3- v2.doc (02 /24/2006)1RxClaiml Page 7 of 29 This document contains proprietary information of Caremark, and may not be used for any purpose other than to evaluate entering into a relationship with Caremark, nor may it be duplicated or disclosed to others for any purpose. l0! 7S 11 b. Automatically, if the parties are unable to agree on an equitable adjustment under Section 6.5 of this Agreement; C. By any party if another materially defaults in its performance of this Agreement and such default continues without cure for a period of sixty days after the terminating party provides written notice to the defaulting party specifying the nature of the default; d. By any party, at its option, if any court, or governmental or regulatory agency issues to another party an order or finding of impairment or insolvency, or an order to cease and desist from writing business. The party receiving notice of an order or finding must provide the others written notice within two business days of receipt; e. By any party if another party: (i) makes an assignment for the benefit of creditors; (ii) has a petition filed (whether voluntary or involuntary) under Title 11 of the United States Code, or any other similar statute now or hereafter in effect; (iii) has a receiver, custodian, conservator, or trustee appointed with respect to all or a substantial part of its property; or (iv) has a proceeding commenced against it which substantially impairs performance hereunder; or E By Caremark, immediately on written notice to Member County or Customer, if (i) either fails to comply with the provisions of Section 3.1 of this Agreement, or (ii) Caremark determines, in its sole discretion that Member County or Customer's program may not fully comply with all applicable Laws. 7.3 Effect of Termination and Survival. Sections 4, 5 and 6 of this Agreement, and obligations arising under this Agreement prior to the effective date of any termination, will survive termination. 8. NOTICES. All notices under this Agreement must be in writing, delivered in person, sent by certified mail, delivered by air courier, or transmitted by facsimile and confirmed in writing (by air courier or certified mail) to a party at the facsimile number and address shown in this Agreement. A party may notify the other party of any changes in the listed address or facsimile number in accordance with the provisions of this Section. All notices are effective upon receipt. Notices to Caremark must be addressed as follows: Vice President, Client Contract Services Caremark Inc. 2211 Sanders Road, NBT9 Northbrook, IL 60062 Fax No.: 847 -559 -4302 With a copy to: Managing Counsel, Client and Account Services Caremark Inc. 2211 Sanders Road, NBT9 Northbrook, IL 60062 Fax No.: 847 -559 -4879 Notices to Customer must be addressed as follows: National Association of Counties 440 First Street, NW Washington, DC 20001 Attn: Mr. Andrew Goldschmidt, Director, Membership Marketing NACo k3- v2.doc (02 /24/2006)1RxClaiml Page 8 of 29 This document contains proprietary information of Caremark, and may not be used for any purpose other than to evaluate entering into a relationship with Caremark, nor may it be duplicated or disclosed to others for any purpose. 10 -7q Fax No.: (202) 393 -2630 9. MISCELLANEOUS. 9.1 Entire Agreement; Interpretation; Amendment; Counterparts. This Agreement (including exhibits, schedules, attachments, or any addendum to this Agreement) constitutes the entire understanding and obligation of the parties with respect to the Services and supersedes any prior agreements, writings, or understandings, whether oral or written. The headings in this Agreement are used only for convenience of reference and do not affect the meaning or interpretation of any provision. The parties may amend this Agreement only through a properly executed writing authorized by both parties. This Agreement may be executed in several counterparts, all of which taken together constitute a single agreement between the parties. 9.2 Binding Effect; Assignment. This Agreement is binding on the parties and their respective successors and permitted assigns. None of the parties may assign this Agreement, in whole or in part, without the prior written consent of the others (which consent will not be unreasonably withheld); except that Caremark may assign this Agreement, in whole or in part, to any entity that controls, is controlled by, or is under common control with Caremark. 9.3 Independent Contractor; Third Parties. The parties to this Agreement are independent contractors, and have no other legal relationship under or in connection with this Agreement. No term or provision of this Agreement is for the benefit of any person who is not a party hereto (including, without limitation, any Participant or broker), and no such party will have any right or cause of action hereunder. 9.4 Waivers. Any failure by a party to comply with any covenant, agreement, or condition herein or in any other agreements or instruments executed and delivered hereunder may be waived in writing by the party in whose favor such obligation or condition runs; except that failure to insist upon strict compliance with any such covenant, agreement, or condition will not operate as a waiver of, or estoppel with respect to, any subsequent or other failure. 9.5 Severability. In the event any term or provision of this Agreement is declared to be invalid or illegal for any reason, this Agreement will remain in full force and effect and will be interpreted as though such invalid or illegal provision were not a part of this Agreement. The remaining provisions will be construed to preserve the intent and purpose of this Agreement and the parties will negotiate in good faith to modify any invalidated provisions to preserve each party's anticipated benefits. 9.6 Enforcement Costs. If any party hereto institutes an action or proceeding to enforce any rights arising under this Agreement, the party prevailing in such action or proceeding will be paid all reasonable attorneys' fees and costs to enforce such rights by the other party, such fees and costs to be set by the court, not by a jury, and to be included in the judgment entered in such proceeding. 9.7 Authority. Each party represents and warrants that it has the necessary power and authority to enter into this Agreement and to consummate the transactions contemplated by this Agreement. 9.8 Exclusivity. Member County and Customer hereby grant Caremark during the term of this Agreement, and any renewals hereof, the exclusive right to provide a Consumer Card Program to Member County and Customer. This exclusive right is solely applicable to Participants designated by Member County as eligible for the Member County's discount consumer card program and shall not affect any other benefits or programs provided to Participants by Member County. Member County and Customer further agree that, during the term of this Agreement and any renewals hereof, it will not negotiate, contract, or agree with any drug manufacturer for the purpose of obtaining Rebates or other discounts related to Participants under this Agreement. Member County and Customer also agree to cancel any existing agreements or contracts with any drug manufacturers related to such drug Rebates or discounts as of the Effective Date of this Agreement. In the event of a breach of this Section by Member County or Customer, Caremark may terminate this Agreement. By entering into this Agreement, Customer does not endorse, and Caremark will not represent Customer's endorsement of any other programs or services which Caremark may offer to a Member County or Participant. 9.9 Drug Classification and Pricing. Caremark shall use the latest edition of the First DataBank Blue Book (with supplements), the Medi -Span Master Drug Pricing Source (with supplements), or any other nationally NACo_k3- v2.doc (02/24/2006) [RxClaiml Page 9 of 29 This document contains proprietary information of Caremark, and may not be used for any purpose other than to evaluate entering into a relationship with Caremark, nor may it be duplicated or disclosed to others for any purpose. recognized pricing source as the source for purposes of pricing and classifying drugs (e.g., legend vs. over the counter, brand vs. generic) in connection with this Agreement. 10. DEFINITIONS. The following terms and phrases, when capitalized, have the meanings set forth below. a. "AWP" means the average wholesale price of the drug dispensed as set forth in the latest edition of the First DataBank Blue Book (with supplements), the Medi -Span Prescription Pricing Guide (with supplements) or any other similar nationally recognized reference selected by Caremark. b. "Change in Law" means any (i) change in or adoption of any Law, (ii) change in the judicial or administrative interpretation of any Law, or (iii) change in the enforcement of any Law, occurring after the date Customer is implemented or the Effective Date, whichever is earlier. C. "Claim(s)" mean those claims processed through the Caremark on -line claims adjudication system or otherwise transmitted or processed in accordance with the terms of this Agreement in connection with the Consumer Card Program. d. "Covered Items" mean the prescription drug benefits for which Participants are eligible pursuant to Member County's drug benefit plan. e. "Law" means any federal, state, local or other constitution, charter, act, statute, law, ordinance, code, rule, regulation, order, specified standards or objective criteria contained in any applicable permit or approval, or other legislative or administrative action of the United States of America, or any state or any agency, department, authority, political subdivision or other instrumentality thereof or a decree or judgment or order of a court. f. "Manufacturer" means a pharmaceutical company that has contracted with Caremark (or its affiliate or agent) to offer discounts for pharmaceutical products in connection with Caremark's Formulary Services. g. "Maximum Allowable Cost (MAC)' means the then current maximum allowable cost for a prescription drug listed as a drug available from more than one Manufacturer in Caremark's pharmaceutical MAC pricing formula, including but not limited to formulas utilizing the Medi -Span Master Drug Pricing Source or First Data Bank. b. "Participant" means an individual designated by Member County as eligible for Covered Items under the terms of the Consumer Card Program. I. "Participating Pharmacy" means a pharmacy that has agreed to provide certain pharmacy services to Participants in accordance with the terms of its agreement with Caremark. A list of Participating Pharmacies can be accessed via Caremark's Internet website, which is subject to change from time to time. i. "Rebate(s)" means, for any period, all rebates, reimbursements, or other discounts received under a pharmaceutical manufacturer's discount program with respect to pharmaceutical products dispensed to a Participant under the Consumer Card Program for such period. NACo_k3- v2.doc (02/24/2006) 1RxCtalml Page 10 of 29 This document contains proprietary information of Caremark, and may not be used for any purpose other than to evaluate entering into a relationship with Caremark, nor may it be duplicated or disclosed to others for any purpose. IN 9/ EXHIBIT A ADDITIONAL SERVICES Caremark will provide the following services if selected by Customer or Member County for an additional fee as set forth in Exhibit B. The Services are subject to change as provided for in the Agreement. Capitalized terms not defined herein will have the meanings used in the Agreement. 1. Customer - Specific Programming. If Customer or Member County requests services or changes to Services that require customized programming or systems work, Caremark will attempt to estimate the time and cost for completion of such work. If Customer or Member County authorizes Caremark to perform such work, it will pay Caremark the cost of performing such work at the programming rate set forth in Exhibit B. NACo_k3- v2.doc (02/24/2006) [RxClalml Page 12 of 29 This document contains proprietary information of Caremark, and may not be used for any purpose other than to evaluate entering into a relationship with Caremark, nor may it be duplicated or disclosed to others for any purpose. EXHIBIT B ADMINISTRATIVE FEES National Association of Counties Effective March 1, 2006 As consideration for the Services selected by Member County in accordance with the Agreement, Member County will pay to Caremark the fees set forth below: Administrative Fees Per Processed Retail Claim Per Processed Mail Claim $0.00 $0.00 As consideration for the Consumer Card Program selected by Member County in accordance with this Agreement, Member County will pay to Caremark 100% of the Rebates collected from Manufacturers pursuant to this Agreement. Consumer Card Program Retail Network Rates' Brand: AWP -13 %+ $3.50 transaction fee or Usual & Customary Generic: AWP -13% + $3.50 transaction fee, MAC + $3.50 transaction fee or Usual & Customary Mail Service Rates' Brand: AWP-19% + $1.00 dispensing fee Generic: AWP -50 %+ $1.00 dispensing fee Specialty Pharmacy Rates2 AWP -13 %+ $3.50 dispensing fee Other Fees Section 1.6 - Card Issuance No charge Exhibit A(1) - Customer Specific Programming $150.00/Hour Note: Charges or Services not identified above will be quoted upon request. 1. All claims may be aggregated for purposes of this rate. Actual rates may vary by Participating Pharmacy. Certain retail and mail Claims may be excluded from these rates, including but not limited to (i) Select Generics, which are generic drugs that enter the market with supply limitations or competitive restrictions that limit marketplace competition and (ii) Claims for select injectable drugs and select oral drugs that are bio- technological in nature, compound drugs and those requiring special handling. 2. This rate will apply to Claims for certain drugs filled by Caremark SpecialtyRx, including but not limited to Claims for select injectable drugs and select oral drugs that are bio- technological in nature, compound drugs and those requiring special handling. All Claims may be aggregated for purposes of this rate. Rates for such drugs may vary if filled by a pharmacy other than Caremark SpecialtyRx. Certain drugs will be priced separately from, and not be subject to the contracted rate for prescription Claims due to, among other things, specialized manufacturer processes, limited availability or extraordinary shipping requirements. Finance Charges. Invoices are assessed finance charges on the amounts not paid within the terms set forth on the invoice. The finance charge shall be in an amount equal to one and one -half percent per month, unless such rate exceeds the maximum rate allowable by applicable Law, in which case such amounts shall bear interest at the maximum legally allowable rate. Contingency. All prices are contingent upon Member County's full adoption of Caremark's Performance Drug List and formulary management and intervention programs. NACo_k3- v2.doc (02/24/2006) [RxClaiml Page 13 of 29 This document contains proprietary information of Caremark, and may not be used for any purpose other than to evaluate entering into a relationship with Caremark, nor may it be duplicated or disclosed to others for any purpose. lot 83 EXHIBIT B ADMINISTRATIVE FEES Handling Costs. Customer or Member County is in all events responsible for any postage costs or other mailing and handling- related costs incurred by Caremark in connection with the provision of Services or additional services, except as to costs associated with standard Consumer Card Program materials that are shipped by bulk mail to Customer or Member County. Taxes. It is the understanding of the parties that Participating Pharmacies shall collect from Participants all applicable taxes for Covered Items, and that Caremark is not liable for the payment of applicable taxes. Any other taxes associated with the operation of Member County's Consumer Card Program are the responsibility of Member County. NACo k3- v2.doc (02/24/2006) lRxClaiml Page 14 of 29 This document contains proprietary information of Caremark, and may not be used for any purpose other than to evaluate entering into a relationship with Caremark, nor may it be duplicated or disclosed to others for any purpose. EXHIBIT C CAREMARKPCS HEALTH, L.P. NATIONAL ASSOCIATION OF COUNTIES MANAGED PHARMACY BENEFIT SERVICES AGREEMENT FOR MEMBER COUNTY This Managed Pharmacy Benefit Services Agreement for Member County effective O c TO 1 7 009 is entered into by and between CaremarkPCS Health, L.P. ( "Caremark ") and 'DrZ 9,-c-t% 'xrity ( "Member County"). Reference is hereby made to the Managed Pharmacy Benefit Services Agreement Consumer Card Program dated as of March 1, 2006 (the "Agreement ") among National Association of Counties ( "Customer "), Member County, and Caremark under which Customer has engaged Caremark to provide services to prescription drug plans for Customer and its Member Counties. MEMBER COUNTY does hereby agree to be bound by, and to assume and perform, each and all of the terms, covenants and conditions of the Agreement as Member County (as defined in the Agreement) in the same manner and to the same extent as if it were a party thereto. Member County acknowledges and agrees that Customer and Caremark may amend all or any portion of the Agreement, except with respect to the Initial Tenn, and Member County hereby agrees to be bound by any such amendment. Customer shall give Member County reasonable notice prior to the effective date of any such amendment. If such amendment is adverse to Member County or its Participants, Member County may, within ninety (90) days of receiving such notice from Customer, terminate its participation in the Agreement by giving prior written notice to Customer and Caremark. Each party certifies that it shall not violate the federal anti- kickback statute, set forth at 42 U.S.C. § 1320a -7b(b) ("Anti - Kickback Statute "), or the federal "Stark Law," set forth at 42 U.S.C. § 1395nn ( "Stark Law "), with respect to the performance of its obligations under this Agreement. Further, Caremark shall ensure that individuals meeting the definition of "Covered Persons" (as such term is defined in the Corporate Integrity Agreement between the Office of Inspector General of the Department of Health and Human Services and AdvancePCS) shall comply with Caremark's Compliance Program, including training related to the Anti- Kickback Statute and the Stark Law. In addition, Caremark's Code of Conduct and policies and procedures on the Anti - Kickback Statute and Stark Law may be accessed atlittp://www.caremark.com/wpl/portal/ s.155 /3370 ?cros = CMS -2 -00776 t. Customer and Caremark, by their signatures hereto, accept and agree to Member County's participation with the Agreement under the terms and conditions of the Agreement. By signing this Managed Pharmacy Benefit Services Agreement for Member County, Member County acknowledges and agrees that the terms of the Agreement have been completely read, fully understood and voluntarily accepted and further agrees to be bound thereby. NATIONAL ASSOCIA N OF COUNTIES By: Title: Date: l MEMBER COUNTY: Date: 9As27 CAREMARKPCS HEALTH, L.P. By: CaremarkPCS Health Systems, LLC, its General P rtner By: Title: l ( j Date: NACo k3•v2 doc (02/24/2006) IRxClaiml Page 15 of 29 This document contains proprietary information of Caremark, and may not be used for any purpose other than to evaluate entering into a relationship with Caremark, nor may it be duplicated or disclosed to others for any purpose. lal $5 � l PURCHASE, SALE & SERVICE AGREEMENT THIS SALES AGREEMENT is made between WORLDWIDE CANINE, INC. whose mailing address is 185 Mitchell Drive, Spring Branch, Texas 78070, referred to as "Seller ", and 71,-r, -21 ,)" 0,01 P y— M t' L we (0l. hereinafter referred to'as "Buyer ", of the Dog described below which is being purchased to perform the duties of Narcotic Detection / Tracking Dog This sale is subject to the following terms and conditions: A. WARRANTIES. (1) SELLER warrants that it has clear title to said dog(s). Seller will provide a copy of all health records on the dog(s). Specifically, X -rays (hips and elbows), blood scan, fecal, heartworm check, all current vaccinations and a Vet health certificate. (2) SELLER warranties that it will provide handler /canine proficiency training at SELLER'S location. This training will include on and off leash obedience; tracking; detection of marijuana, heroin cocaine, methamphetamines and derivatives thereof; records maintenance and courtroom testimony as well as First -aid and canine Maintenance. No other warranties express or implied, including the warranties of other purposes except as may be otherwise provided for in this Agreement. (3) SELLER will replace the dog(s) if the dog(s) fail to perform to its specified standards with the original certified handler for a period of one year from the date of sale or if the dog(s) manifest a genetic defect one year from the date of sale. Veterinary records, tests, and diagnosis signed by a licensed veterinarian must be submitted before a dog will be replaced for reasons of genetic condition. Any and all records on returned dogs must be returned to Seller. Returned dogs will not be replaced until /unless all records are returned to Seller. Seller will NOT replace dogs that have been spayed, neutered, resold, placed with a different handler, or been abused, neglected, or injured. (4) BUYER warrants that she /he has the expressed right to have an independent veterinarian examine the dog(s) and is satisfied with those findings and the general health of the dog(s), or accepts the findings of the seller's veterinary examination. t of 9 (5) BUYER warrants that it will maintain all training records, medical treatment, and records of inoculations and engagement reports as well as handler certification and proficiency. B. CONSIDERATION The sales price for the dog(s) is 6250.00 SELLER agrees to sell BUYER the dog(s) described herein and BUYER agrees to purchase said dog(s) on the terms set forth herein. A minimum deposit of fifty (50 %) is due with the execution of this agreement. The remaining monies are due when the buyer arrives at the seller's location, for training with the dog(s). This cost will include handler's training, a leash and a choke chain. Worldwide canine, Inc. will provide housing for handlers who are from out of town during the "training" period. Additional handlers can attend the course for $1,175.00. Transportation /rental car costs for dog and handler are the responsibility of the client. Length of the course will be two weeks. C. REGISTRATION AND OWNERSHIP TRANSFERS Upon payment in full, SELLER agrees to provide all necessary papers and to take all steps necessary to transfer ownership and registration of the animal to BUYER if required. D. The risk of loss passes from the Seller to the Buyer upon possession of the dog by the BUYER subject to the other terms set forth herein. The delivery of the dog(s) will be 8 -10 weeks following the execution of this agreement. E. This BILL OF SALE represents the entire agreement between the parties. No other agreements or promises, verbal or implied, are included unless specifically included in this written agreement. F. All expenses incurred after the signing of this BILL OF SALE including but not limited to board and further training of the dog(s) shall be the responsibility of Buyer, other than the stated training. H. LAW: This BILL OF SALE is made and entered into in the State of Texas and shall be enforced and interpreted under the laws of the State of Texas. The terms of this Agreement and any disputes shall be resolved in accordance with the laws of the State of Texas. Jurisdiction and venue shall be Comal County, Texas. DEFAULT: Upon any material breach of this Agreement by one party, the other party may terminate the Agreement. Notice shall be given in writing and mailed to the party alleged to be in breach of the Agreement at the address shown in this Agreement. Notice shall be effective upon mailing the postage paid. All Notices will be mailed registered or certified mail. Upon the finding by the Court that a material breach occurred, the prevailing party shall have the right to recover reasonable attorney's fees and court costs. J. MISCELLANEOUS CONDITIONS: Time is of the essence with respect of this contract. BUYER accepts the dog AS IS and WHERE IS at the Buyer's location. K. HEADINGS: Headings are not part of this contract but only for the convenience of the parties. L. SERVERABILITY: Should a court of competent jurisdiction and venue determine that any of the terms and or conditions of this agreement, are unlawful or unenforceable such determination shall not affect the validity or enforceability of any remaining terms or conditions of this agreement. This Agreement may be executed on duplicate originals. The forgoing represents the entire Agreement between the parties. No modifications or changes will be made except in writing and signed by the parties. EXECUTED THIS �f - DAY OF , 2007 nine, Inc. 10 99 Brazos County Job Description Last Updated: 6/1/07 Class Number: 0112 Title: Human Resources Director Pay Group: Department: Human Resources FLSA Status: Exempt Reports To: Commissioner's Court Approved Date: EEOC Category: Office & Clerical General Summary: Oversees the operations of the Human Resources department. Supervises Human Resources staff. Essential Duties: Oversees all aspects of the Human Resource department. Responsible for the resolution of all Human Resource matters. Ari=a. Conducts and responds to salary surveys as appropriate. Ensures that all positions are properly classified. Maintains job descriptions and documentation of reclassifications and /or departmental changes. Administers and monitors FMLA procedure. Negotiates and manages insurance contracts. Administers open enrollment. Coordinates Internet/Intranet website additions and updates. Trains new employees. Responsible for communications to employees and retirees regarding employment laws, insurance, pay, retirement, benefits, etc. Creates and runs various reports as needed. Ensures employment practices and policies follow legal, federal and state guidelines and recommend revisions as appropriate. Develops and monitors departmental goals, performance measures, and budget. Provides guidance and vision for the Human Resources department, including strategic planning and continuous improvement. Formulate, implement and interpret organizational employment policies. Verifies and signs Personnel Action Forms. Prepare, administer, and manage the department's budget. Attend budget hearings and monitors personnel requests. Provides consultation to other departments regarding the application of policies, procedures, and practices. Direct the maintenance of employee records and maintain their confidentiality. Other Duties as assigned. Supervision Received: General instruction and periodic review from Commissioner's Court. _ .. ......... Given: General instruction and periodic review of Human Resource staff. Education Required: Bachelor's degree in Human Resources, Business Management, or related field. Preferred: Master's degree in Human Resources Management. Physical Demands Typical: Regularly required to sit, stand, walk, talk, and hear. May occasionally lift and /or move objects of low to moderate weight. Frequently works under time pressures to meet deadlines. Knowledge, Skills, & Abilities Typical: Federal, state, and local employment laws. Experience in policy development, recruiting, classification, and compensation, employee training, and /or insurance management. Good verbal and written communication skills. PC and Windows experience. Multi -tasks and works cooperatively with others. Ability to make sound judgment decisions and recommendations to the betterment of Brazos County. Ability to select, foster, and develop personnel and build an effective team. Ability to manager, supervise, and coordinate activities. Ability to anticipate, identify, and resolve various issues. Strong interpersonal and organizational skills. lot 99 Brazos County Job Description Last Updated: 6/1/07 Class Number: 0115 Title: Human Resources Accountant Pay Group: 17 Department: Human Resources FLSA Status: Non - Exempt Reports To: Human Resources Director Approved Date: EEOC Category: Office & Clerical General Summary: Provides support to customers relating to Human Resource issues and is the primary source for the reconciliation of various reports. Essential Duties: Reconciles reports relating to optional insurances, Flexible Spending Accounts, and deductions. Prepares payment authorizations for distribution to insurance and benefit entities. Assists with entering and checking pay. Receives, verifies, and processes Personnel Action Forms. Prepares and submits various reports. Maintains a general understanding of HR processes in order to provide support to customers as needed. Reconcile and prepare payment authorizations for the deductions of Community Supervision and Corrections employees. Responsible for communication with employees and the implementation of corrections or changes to their deductions, pay rates, leave banks, court ordered garnishments, etc. Calculates end of year roll -over, if needed. Other Duties as assigned. Supervision Received: General instruction and periodic review from supervisor. Given: None. Education Required: High School graduation or its equivalent. Preferred: None. Experience Required: Two years of accounting or bookkeeping experience, or any equivalent combination of education and experience. Preferred: None. Certificates,_ Licenses, Registrations Required: None. Preferred: None. Physical Demands Typical: Regularly required to sit, stand, walk, talk, and hear. May occasionally lift and /or move objects of low to moderate weight. Frequently works under time pressures to meet deadlines. Knowledge, Skills, Abilities Typical: Federal, state, and local employment laws. Bookkeeping /accounting functions. Standard office equipment. Basic mathematical calculations and data entry. Works cooperatively with others. Good verbal and written communication skills. PC and Windows experience. Must be detail oriented and able to use discretion in making good judgment decisions. Brazos County Job Description Last Updated: 6/1/07 Class Number: 0117 Title: Human Resources Clerk II Pay Group: 11 Department: Human Resources FLSA Status: Non- Exempt Reports To: Human Resources Director Approved Date: EEOC Category: Office & Clerical General Summary: Provides support to customers regarding Human Resource issues and is responsible for the clerical operations of the department. Essential Duties: General clerical duties as assigned. Greets and assist customers. Answers departmental phones, takes messages, and forward lines as necessary. Responsible for filing all HR documents. Prepares new hire packets for orientation. Opens and distributes forms, memos, and mail. Assists applicants with questions and filing out the applications. Receives, forwards, and maintains all applications for employment. Maintain application files. Posts job openings on the website and in the office. Assist the HR staff with various projects and paperwork. Sets up new employees in the payroll system. Assists with entering and /or checking pay, as requested. Responsible for communication with employees regarding their insurance, prescription, or debit cards. Maintains listing of needed office supplies and periodically works with a member of the HR staff to issue a purchase order. Other Duties as assigned. Supervision Received: General instruction and periodic review from supervisor. Given: None. Education Required: High School graduation or its equivalent. Preferred: None. Experience Required: Two years of clerical or office experience, or any equivalent combination of education and experience. Preferred: Previous HR experience and /or College Degree. Certificates, Licenses, Registrations Required: None. Preferred: None. Physical Demands Typical: Regularly required to sit, stand, walk, talk, and hear. May occasionally lift and /or move objects of low to moderate weight. Frequently works under time pressures to meet deadlines. Knowledge, Skills, & Abilities Typical: Standard office equipment. Basic mathematical calculations and data entry. Works cooperatively with others. Good verbal and written communication skills. PC and Windows experience. /ol q / Document Efficiency At Work.` STATE AND LOCAL GOVERNMENT IMAGE MANAGEMENT /IMAGE MANAGEMENT PLUS AMENDMENT THIS AMENDMENT ( "Amendment ") is dated as of the 0 day of 0 U 1!u �t f , 2007 to that certain agreement no. - [/nsert customer no.�lIrst, then insert agreement /schedule no.] ( "Agreement') between IKON Office Solutions, Inc. ( "we" or us ") and a (eUAV4 eT , as customer ( "Customer" or "you'). All capitalized words used but not defined in this Amendment will have the meanings given to them in the Agreement. Except to the extent modified by this Amendment, the terms and conditions of the Agreement will remain unchanged and shall continue in full force and effect. Customer Information: Customer Name: 711 Address: goo E :�C� � � jfr 3I q t City: -64N Ctv�, County: 8i14t LC' S State: / X zip: 77F0 -7 Term of Amended Agreement: This Amendment extends the current term of the Agreement as follows: As of the date of our acceptance of this Amendment, as indicated by our signature below, the current term of the Agreement is extended for 1K months ( "Extension Period ") from the current expiration date. Billing for the amended amount will begin on the first payment date after the date of our acceptance of this Amendment and will be further adjusted, in each case as specified in the table below, on the first payment date following commencement of the Extension Period. Equipment added pursuant to this Amendment will be subject to the terms and conditions of the Agreement, as amended by this Amendment. Equipment Change: ❑ Equipment Change ❑ Image Volume Change [1]/Both Add Delete ( '—fity Make /Model BeeinninQ Meter Serial # ... �_.(tctvlG�r lil SC(!;5 �• ^�itY • Zf' , � (ori70 3 !Joe() woo �1 Cw�tzr ncement of the Period Ending Meter Amended Billing: f net — Image From To At Comme Extension C7naranteed Minimum Monthly Images Cost of Additional Images Minimum Monthly Payment *Upgrade Option: At any time during, but in no event prior to, the Extension Period, upon satisfaction of the conditions below, we will permit you to replace on the terms set forth below any of the Equipment originally provided under the Agreement ( "Original Equipment') with items of equipment supplied by IKON Office Solutions, Inc. ( "IKON') of like or greater value and with additional features or enhanced technology ("Upgrade Equipment'). You will be eligible for the upgrade option described above only if (i) at the time of the effectiveness of your upgrade transaction you are not in default and satisfy reasonable prior credit review, and (ii) in connection with such upgrade transaction you enter into a new mutually satisfactory amendment (or comparable agreement) with a term at least equal to the original term under the Agreement (without giving effect to this Amendment) setting forth the specific terms and conditions relating to such Upgrade Equipment. You will not be eligible for such an upgrade option prior to the Extension Period. Upon the effectiveness of such an upgrade transaction, we will waive, for the remainder of the Extension Period, all payments which are not yet due and payable and which relate to those items of Original Equipment replaced by the Upgrade Equipment. The upgrade option described above and waiver of payments described above shall not apply to items of Equipment added to the Agreement pursuant to this Amendment. The Image Management Cost -Per- Image, the Cost of Additional Images, and the Minimum Payment under the new amendment (or comparable agreement) will be based on the new equipment requested and your new image volume commitment. IKON Office Solutions, Inc. Rev. 7/04 tol V 3 !Joe() woo �1 Cw�tzr ncement of the Period *Upgrade Option: At any time during, but in no event prior to, the Extension Period, upon satisfaction of the conditions below, we will permit you to replace on the terms set forth below any of the Equipment originally provided under the Agreement ( "Original Equipment') with items of equipment supplied by IKON Office Solutions, Inc. ( "IKON') of like or greater value and with additional features or enhanced technology ("Upgrade Equipment'). You will be eligible for the upgrade option described above only if (i) at the time of the effectiveness of your upgrade transaction you are not in default and satisfy reasonable prior credit review, and (ii) in connection with such upgrade transaction you enter into a new mutually satisfactory amendment (or comparable agreement) with a term at least equal to the original term under the Agreement (without giving effect to this Amendment) setting forth the specific terms and conditions relating to such Upgrade Equipment. You will not be eligible for such an upgrade option prior to the Extension Period. Upon the effectiveness of such an upgrade transaction, we will waive, for the remainder of the Extension Period, all payments which are not yet due and payable and which relate to those items of Original Equipment replaced by the Upgrade Equipment. The upgrade option described above and waiver of payments described above shall not apply to items of Equipment added to the Agreement pursuant to this Amendment. The Image Management Cost -Per- Image, the Cost of Additional Images, and the Minimum Payment under the new amendment (or comparable agreement) will be based on the new equipment requested and your new image volume commitment. IKON Office Solutions, Inc. Rev. 7/04 tol V Customer acknowledges and agrees that subject to the upgrade option set forth above, the Agreement, as amended by this Amendment, is UNCONDITIONAL AND NON - CANCELABLE. a Authorized Signatures: CUSTOM By: Authorize Name & Title Date IKON Office Solutions, Inc. By: Authorized Signer Name & Title: IKON Office Solutions, Inc. 2 Rev. 7/04 lo! q3 Date REQUEST FOR PROPOSAL 2007 - 046 October 1, 2007 - September 30, 2008 LANDSCAPE MAINTENANCE SERVICE TABULATION SHEET LOCATIONS Green Team r The Ground Crew Courthouse $13,110.00 $11,879.00 Brazos Center 17,088.00 12,798.00 Boonville Cemetary $7,648.00 $7,169.00 Juvenile Center $12,454.00 $10,199,00 TOTAL $50,300.00 $42,045.00 Labor rate for irrigation system $40.00 plus sales tax 1 $45.00 per hour Date col 9 '1 RENEWAL ACCEPTANCE By signing herewith, I acknowledge and agree to renew Bid 04 -1159 Fuel Annual Contract (issued by the City of Bryan), in accordance with all terms and conditions previously agreed to and accepted. I understand this agreement will through September 30, 2008. BRENCO MARKETING Donald H. Broach, President BRAZOSCOUNTY be in effect from October 1, 2007 101 q5 9 -7- 0 / Date qll gl 07 Date BRALOS COUNTY COMMISSIONERS' COURT ACTION FORM DEPA RTMI:NT Road and Bridge NUMBER 56001000 DATE OF COURT MEETING: September 18, 2007 ITEM: Request from Verizon Communications to construct a road bore (at a depth of 4 ft.) in the right ol'way of Greens Prairie Road at its intersection with Greens Prairie Trial for fiber optic cable installation. Site is located in Precinct 1. SOURCE, OF FUNDS: N/A PRESENTATION: REQUIREMENTS: 1) No work will be permitted between front slope and /or back slope. 2) All installation(s) shall be constructed in designated utility easements, if applicable. If no utility easement exists, the installation(s) shall be I) within 3 -5' of and parallel to the right -of -way line and /or 2) in the case of a road bore, perpendicular to the right -of -way line. 3) Ifcicaring of brush, trees and other obstruction is necessary, it shall be the Applicant's responsibility to do so and to remove all cleared brush, trees etc. from county right -of -way. -1) Ditch line shall be compacted to 90% standard density ASTM -Test Method No. D -698; test shall be conducted by an independent geotechnical testing firm; copies of all test results shall be furnished to the office of the Brazos County Engineer. 5) Construction shall be in strict conformance to the latest Texas Manual of Uniform Traffic Control Devices for Streets and Highways, published by the Texas Department of Transportation, and all other State and Federal laws governing utility construction. SUBMITTED BY: APPROVED BY: Richard F. Vance, P.E. Commi gioner Lloyd Wassermann County Engineer Precinct 1 CC07 -086 This Request is roved [- / Denied ❑ b Commissioners' Court q PP y Date: y/lYa7/1 r- ---- -_ Randy Sos, County Judge VERIZON COMMUNICATION Notice of Line Installation September 4, 2007 To The Commissioner's Court of Brazos County ATTENTION COUNTY JUDGE: Formal notice is hereby given that VERIZON COMMUNICATIONS will construct a communication line within the right -of -way of a County Road in Brazos County, Texas as follows: At the intersection of Greens Prairie Rd and Greens Prairie Trl a road bore and fiber optic cable will be placed under Greens Prairie Rd at depth of 40. The location and description of this line and associated appurtenances is more fully shown by four (4) copies of drawings attached to this notice. The line will be constructed and maintained on the County Road right -of -way in accordance with governing laws. Notwithstanding any other provision contained herein, it is expressly understood that the tender of this notice by the Verizon Southwest Incorporated does not constitute a waiver, surrender, abandonment or impairment of any property rights, franchise, easement, license, authority, permission, privilege or right now granted by law or may be granted in the future and any provision or provisions so construed shall be null and void. Construction of this line will begin on or after October 03, 2007. VERIZON COMMUNICATIONS 6416- 3FOAOBA 611W( c4e-- V4-(CJ-- Brenda Vajdak Supervisor - Network Engineer 301 Industrial Blvd. Bryan, TX 77803 ion V - .i-IvL'LF&F ST/ -TZorJ SPP —TMt,• L' ft.EEk S4 Lb U . 0'. 3 Rd AD (3 A 3406 7� di q 4° rt^7ti5 -1. loi q9 � 1(1mN ^I[f lfl lf7 �mmmm � O � IY N �j7fN O N_Ifl l^.^^. ^Nnm ILlmmm W 1.J X m _ NNBCDNtOnN Q 6 I � N mN1 m ^�On mmt^O lm•ImNbm N • NfF- p 0'- O ^NOONmmO zz uu f Nxx NX 50xummO Q U a Z 7 N m U U UNX NNx m ZZ Z U ZF-UU U M W m Z ^— ZZ ^01 -,-0 IJ W 1{Illyffffy1111, U Oil A SEE WP 1 A I ° Q F S ® u 216 STA 0 +0 �c • N GREEN PRAIRIE RD W I OODLAKE DR zz �t J N 8 b v c STA 0+ 57 p: a i -1 w 1- a > zow -1 ^a ' o SEE B W I t .• t- a I I: I z 1:1 W 1 Q. 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Q: ff'Su • 4 ■ *nd4% M v -n O LL M W � O l lO'1N�OW �nIV � B � P OtN � � •_ � � tNNn NryN � �� I• � IV � O � �i Ii1W N mm �' NN a� Yi BN ^t0-'n NN 1f1 mN��� ^y� Npry1 $ Q' Q '^ Ot 4r b�.'Iry.r. hnN~n ��NB'$ fY1�N$ mOf'i ppppr ee..�� RRr �mC'{ r aN ^8^ nmryrynP'IfV ONryfNV I� j �NN �NQNbndR b 'NQ�I'{ m� t0 fin{ m � ^Njry ly'10$ry$RNran -� "Ny #AN N$ =~°�Ag 'ryry° o C i�50Si'�4u ®^�Fii3aL� ®z_d'JR ®: i_au ®g-i 3QUKUIfUUSf �zQUUU�t ®: i�ulf ®. in u Z V I SE a V f 3 In the District Courts of Brazos County, Texas ORDER DETERMINING COMPENSATION OF COUNTY AUDITOR AND ASSISTANT COUNTY AUDITORS On the 31 st day of August, 2007, after a public hearing in accordance with the Texas Local Government Code, the undersigned Judges of the District Courts in Brazos County, Texas, determined the compensation to be paid to the County Auditor and Assistant County Auditors as set forth in this order. IT IS THEREFORE ORDERED that, effective October 1, 2007, the annual compensation of the County Auditor and each Assistant County Auditor position be set as set forth as approved in the attached Exhibit "A" which is incorporated herein. IT IS FURTHER ORDERED that the District Clerk of Brazos County shall file this order in the minutes of the District Courts of Brazos County, Texas and shall certify this order to the Commissioners Court of Brazos County, Texas for its observance. 101 100 SIGNED this 31 st day of August, 2007. J. LANGLEY ( RICK DAVIS Presiding Judge Presiding Judge 85`h District Court 272 "d District Court STEVE SMITH Presiding Judge 361" District Court lvl /01 BRAZOS COUNTY, TEXAS PROPOSEq BUDGET REQUEST - PERSONNEL & BENEFITS COUNTY AUDITOR'S OFFICE For The Year Ending September 30, 2008 Salary Limitation - LGC § 84.021,111.013, 152.034 & 152.905: Total Department Salary $ 436,812 $ 469,519 Less: County Auditor's (77:584) (82,087) $ 359,228 $ 387,432 7.85% 8131/2007 7:57 AM l o� Page 2 of 5 o Current Proposed Account Title Salary Budget % Change Personnel - Salary[Wages 51150000 Salary - Appointed Official $ 77,584 $ 82,087 5.80% 51300000 Salary - Staff 317,074 343,128 8.22% 50,502 61,068 20.92% .Deng Garton 50,502 55,977 10.84% Bates 42,474 44,512 4.80% Conkel 35,734 37,450 4.80% Lozano 35,734 37,089 3.79% Pratt 35,734 37,450 4.80% See 33,197 34,791 4.80% Li 33,197 34,791 4.80% 51610000 Hourly - Staff 30,335 32,090 5.79% Murph 30,335 32,090 5.79% 51630000 Hourly - Part time 10,379 10,774 3.81% Part - time accountant/auditor 10,379 10,774 3.81% 51810000 Longevity 1,440 1,440 0.00% Totals $ 436,812 $ 469,519 Personnel - Benefits 53100000 Social Security 33,416 35,918 7.65% 531010 Flex Benefit Admin Fee 360 525 532000 Retirement 49,666 55,403 11.36% 533000 Hospitalization 57,000 57,000 533200 Employee Dental Insur. 960 960 538000 Workers Comp 1,154 1,080 539000 Unemployment Insurance 729 470 0.10% Totals $ 143,286 $ 151,356 �- 5.63% Salary Limitation - LGC § 84.021,111.013, 152.034 & 152.905: Total Department Salary $ 436,812 $ 469,519 Less: County Auditor's (77:584) (82,087) $ 359,228 $ 387,432 7.85% 8131/2007 7:57 AM l o� Page 2 of 5 o