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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 4 MAY 2010 AT 9:00 A.M. IN THE COMMISSIONERS COURTROOM
OF THE COUNTY ADMINISTRATION BUILDING, 200 SOUTH TEXAS AVENUE,
SUITE 106, 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 — 25:
! 2
3. Manual Requisition in the amount of $206,550.00 for the purchase of three (3) 2008
Hino 338 6 -yard dump trucks from Utility Fleet Service for the Road & Bridge
Department.
4. Budget Amendment 09/10 — 29.1 thru 29.6.
5. Personnel Change of Status.
6. Payment of Claims
7. Agreement with Elite Nursing Services, P.L.L.C. to provide a temporary Licensed
Vocational Nurse for the Juvenile Services Department.
8. Agreement with Dentrust Dental Texas, P.C. for the operation of an independent
practice of dentistry at the Brazos County Jail and to provide dental services for
inmates or detainees housed in the Jail.
Office of the Counly,Judke • 200 South Texas Ave. • Suite 332 • Bryan, Texas 77803 • Fax: (979) 361 -4503
1 lace
9. Cremation Services Agreement with Calloway -Jones Funeral Home for the disposition
of the remains of deceased paupers pursuant to the Commissioners Court duty in
accordance with the Texas Health & Safety Code §694.002 and the Texas Local
Government Code §81.027.
10. Texas Division of Emergency Management 2007 Grant Adjustment Notice for the
Homeland Security Grant Program (award #07 -GA -48041 -04).
11. Request from Jail Administration for funding from the jail expansion project to
purchase a Mugshot Interface to TSG AbleTerm, estimated cost is $2,500.00.
12. Reappointment of the following members of the Local Workforce Development Board;
term of these appointments is 6/30/10 to 6/30/13:
a.
b.
c.
a.
b.
c.
d.
e.
Angie Alaniz, representing Community Based Organizations
Jeannie McGuire, representing Community Based Organizations
Ron Ross, representing Public Administration
Bonnie Weisler, representing Adult Basic Education.
13. Request from the Precinct 1 Justice of the Peace Office for permission to hire one (1)
part-time Clerk I at 30 hours /week for May through September 2010.
14. Out of state travel request from the Information Technology Department for Billy
Meltzow to attend the CiscoLive! Networkers conference in Las Vegas, NV. Dates of
travel are 26 June — 1 July 2010.
15. Tax Refund Applications for the following:
Allen Terwilliger
BCS Commercial Svcs. Inc.
William R. Rogers
Mitchell Moore
William Benavidez c/o
Benavidez Glass Services
Vol. 1 33 Pg. I 29
Commissioners Court Agenda
4 May 2010
Page 2
f Megan Gore
g. Charlotte M. Allen
h. Brian, Nancy & Zachary Nowak
i. Citimortgage c/o First American
Real Estate
16. Treasurer's Report for the month of March 2010 and the quarter ending 3/31/10
17. Declaration of surplus property as "salvage" that was advertised for sale in accordance
with Local Government Code §263.152 and received no bids, and authorization for
either destruction or other disposal.
18. Capital Requisition 00028931 in the amount of $18,450.35 for the VOIP system at the
Brazos County Jail Expansion from Gov Connection, Inc.
19. Acceptance of a Special Warranty Deed from LeRoy Kenney and wife Ann Barnes
Kenney for improvements to Wilcox Lane in Precinct 2.
vol 13'3 p 1�
Commissioners Court Agenda
4 May 2010
Page 3
20. Acceptance of Bryan Texas Utilities' cost estimate of $1,105.52 to relocate one utility
pole (at the County's request) in the right of way of Straub Road to accommodate
roadway widening improvements. Site is located in Precinct 1.
21. Request from JM &M Farms to construct a 30 ft. road bore for 10" PVC water line
installation in the right of way of White Switch Road approximately 0.5 mile from its
intersection with FM 159. Site is located in Precinct 1.
22. Request from Wickson Creek Special Utility District to construct a 30 ft. road bore for
water line installation in the right of way of Dilly Shaw Tap Road 1,500 ft. from its
intersection with House Cemetery Road. Site is located in Precinct 2.
23. Resolution 10 -009 opposing the inclusion of the proposed Millican Reservoir in the
Region G Water Plan and replacement with an alternate water source recommendation.
24. Convene into Executive Session pursuant to §551.071 of the Texas Government Code
for consultation with an attorney, and §551.0725 for deliberation regarding contractual
negotiations.
25. Consider and possible action on the Executive Session.
26. Announcement of interest items and possible future agenda topics.
27. Call for citizen input and/or concerns.
28. Agency / Board / Committee reports by Court members.
29. Adjourn
Commissioners Court Agenda
4 May 2010
Page 4
PUBLIC COMMENTS
Public Comment during the Commission Meeting may be for all matters, both on and off the agenda, and be limited to
four minutes per person. Persons are invited to submit comments in writing on the agenda items and/or attend and make
comment at the Commission meeting. Members of the public are reminded that the Brazos County Commissioners
Court is a Constitutional Court, with both judicial and legislative powers, created under Article V, Section 1 and Section
18 of the Texas Constitution. As a Constitutional Court, the Brazos County Commissioners Court also possesses the
power to issue a Contempt of Court Citation under Section 81.024 of the Texas Local Government Code. Accordingly,
members of the public in attendance at any Regular, Special and /or Emergency meeting of the Court shall conduct
themselves with proper respect and decorum in speaking to, and/or addressing the Court; in participating in public
discussions before the Court; and in all actions in the presence of the Court. Those members of the public who are
inappropriately attired and/or who do not conduct themselves in an orderly and appropriate manner will be ordered to
leave the meeting. Refusal to abide by the Court's Order and/or continued disruption of the meeting may result in a
Contempt of Court Citation.
It is not the intention of the Brazos County Commissioners Court to provide a public forum for the demeaning of any
individual or group. Neither is it the intention of the Court to allow a member (or members) of the public to insult the
honesty and/or integrity of the Court, as a body, or any member or members of the Court, or County employees,
individually or collectively. Accordingly, profane, insulting or threatening language directed toward the Court and /or
any person in the Court's presence and/or racial, ethnic or gender slurs or epithets will not be tolerated. Violation of
these rules may result in the following sanctions:
1. cancellation of a speaker's time;
2. removal from the Commissioners Court;
3. a Contempt Citation; and/or
4. such other and /or criminal sanctions as may be authorized
under the Constitution, Statutes and Codes of the State of Texas.
The County Commissioners Court can deliberate or take action only if a matter has been listed on an agenda properly
posted prior to the meeting. During the public comment period, speakers may address matters not listed on the published
agenda. The Open Meeting Law does not expressly prohibit responses to public comments by the Commissioners Court.
However, responses from the County Judge or Commissioners to unlisted public comment topics could become
deliberation on a matter without notice to the public. To ensure the public has notice of all matters the Commissioners
Court will consider, the County Judge and /or Commissioners may choose not to respond to public comments, except to
correct factual inaccuracies, recite existing policy in response to an inquiry or to ask that a matter be listed on a future
agenda. See Texas Open Meetings Act §551.042.
The County Administration Building is wheelchair accessible. Handicap parking spaces are available. Any request for sign
interpretive services must be made two working days before the meeting. To mak�a;r�n�ements, please call (979) 361 -4102.
Vol. 133 Pg
49 _ BRAZOS COUNTY
BRYAN, TEXAS
NOTICE OF ADDENDUM
TO THE AGENDA
BRAZOS COUNTY COMMISSIONERS COURT
THE COMMISSIONERS COURT OF BRAZOS COUNTY WILL MEET IN REGULAR
SESSION ON 4 MAY 2010 AT 9:00 A.M. IN THE COMMISSIONERS COURTROOM
OF THE COUNTY ADMINISTRATION BUILDING, 200 SOUTH TEXAS AVENUE,
SUITE 106, BRYAN, TEXAS.
In addition to the regular agenda, the Commissioners Court will consider and take action
on the following item(s):
1. Consider for approval Brazos County's participation in the Brazos Valley Hazard
Mitigation Plan, 2010 — 2015.
The County Administration Building is wheelchair accessible. Handicap parking spaces are available. Any request for sign
interpretive services must be made two working days before the meeting. To make arrangements, please call (979) 361 -4102.
Office of the County Judge • 200 South Texas Ave. • Suite 332 • Bryan, Texas 77803 • Fax: (979) 361 -4503
133
P �-
COMMISSIONERS' COURT
REGULAR MEETING
MAY 4, 2010
A regular meeting of the Commissioners' Court of Brazos
County, Texas was held in the Brazos County Commissioners
Courtroom in the Administration Building, 200 South Texas
Avenue, in Bryan, Brazos County, Texas, beginning at 9:00 a.m.
on Tuesday, May 4, 2010 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;
Irma Cauley, Commissioner of Precinct 4;
Karen McQueen, County Clerk,
The attached sheets contain the names of the citizens and
officials that were in attendance.
Commissioner Peters gave the invocation and then led the
pledge of allegiance.
Under citizen input /and or concerns, the following spoke:
Sheriff Chris Kirk
a) There were 520 inmates in jail, 77 have
monitors and 44 are pending for monitors.
Eric Caldwell, Director of the Information
Technology Department
a) Updated the Court on the CIRA software
project. Said we will have vendors for
Vol 133 Page 133
Commissioners Court meeting May 4, 2010 2
demonstrations in case CIRA project doesn't
pan out. Included in the vendors are two
laser fiche companies. Dynasource is not
being considered as we are not currently
using it to its full capability.
The first matter for consideration was a manual
requisition in the amount of $206,550.00 for the purchase of
three (3) 2008 Hino 338 6 yard dump trucks from Utility
Fleet Service for the Road and Bridge Department. On motion
by Commissioner Wassermann, seconded by Commissioner Cauley,
the Court voted unanimously to approve the requisition.
Richard Vance, County Engineer thanked the Purchasing
Department for their diligence. This purchase saved the
County $49,950.00.
The Court next considered Budget Amendment #09/10 -29.1
through 29.6 that would reallocate funds for the Brazos County
Special Investigation Unit, Building Maintenance; Sheriff -Jail
Division and Sheriff to record donated property; and transfer
funds from General Fund Contingency to the Road and Bridge
Department. On motion by Commissioner Peters, seconded by
Commissioner Wassermann, the Court voted unanimously to
approve the budget amendment as submitted. A copy each
amendment is attached.
The Court proceeded to consider the change of status of
employees as submitted on the attached Personnel Action
Vol 1 3-3 Page 1 3`t
Commissioners Court meeting May 4, 2010 3
Requests. On motion by Commissioner Peters, seconded by
Commissioner Cauley, the Court voted unanimously to approve
the changes as submitted.
The Court next considered the following Claims as
submitted by the County Treasurer for payment:
7073887 through 7074123
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 an
Agreement with Elite Nursing Services, P.L.L.C. to provide a
temporary Licensed Vocational Nurse for the Juvenile Services
Department. Cost to Brazos County will be as follows:
RN's $48
LVN's $38
RN Specialty $55
The rates are all inclusive of travel, hotel, meals, specialty
areas and weekends. On motion by Commissioner Cauley,
seconded by Commissioner Peters, the Court voted unanimously
to approve the Agreement and authorized the County Judge to
execute the document. A copy is attached.
The Court next considered an Agreement with Dentrust
Dental Texas, P.C. for the operation of an independent
Vol 153 Page IBS
Commissioners Court meeting May 4, 2010 4
practice of dentistry at the Brazos County Jail. Costs to
Brazos County are on the attached sheets. On motion by
Commissioner Peters, seconded by Commissioner Wassermann, the
Court voted unanimously to approve the Agreement and
authorized the County Judge to execute the document. A copy
is attached.
The next matter before the Court was consideration of a
Cremation Services Agreement with Calloway Jones Funeral Home
for the disposition of the remains of deceased paupers
pursuant to the Commissioners Court duty in accordance with
the Texas Health & Safety Code §694.002 and the Texas Local
Government Code §81.027. Cost to the county will be no more
than $600 per case. On motion by Commissioner Wassermann,
seconded by Commissioner Cauley, the Court voted unanimously
to approve the Agreement and authorized the County Judge to
execute the document. A copy is attached.
The next matter before the Court was consideration of the
Texas Division of Emergency Management 2007 Grant Adjustment
notice for the Homeland Security Grant Program. Chuck
Frazier, Emergency Management Coordinator explained that the
County will need to repay the Brazos Valley Council of
Governments (BVCOG) $13.26. This is due to a drop in price on
some radios that the Emergency Operations office was
Vol Page 13140
Commissioners Court meeting May 4, 2010 5
purchasing and any un -spent grant funds go back to the BVCOG.
On motion by Commissioner Cauley, seconded by Commissioner
Vol '133 page?
Wassermann, the Court voted unanimously to approve the 2007
Grant Adjustment notice. A copy is attached.
The Court next considered a request from the Jail
Administration for funding from the jail expansion project to
purchase a Mugshot Interface to TSG AbleTerm. The cost of the
Interface is $2,500.00. On motion by Commissioner Peters,
seconded by Commissioner Mallard, the Court voted unanimously
to approve the request but that the funding come from
Contingency rather than the jail expansion project since it
may or may not be used long term.
The next matter for consideration was the reappointment
of individuals to the Local Workforce Development Board. On
motion by Commissioner Peters, seconded by Commissioner
Wassermann, the Court voted unanimously to reappoint the
following individuals to serve on the Board of the Local
Workforce Commission for a term beginning June 30, 2010 and
ending June 30, 2013:
a. Angie Alaniz Community Based Organization
b. Jeannie McGuire Community Based Organization
c. Ron Ross Pubic Administration
d. Bonnie Weisler, Adult Basic Education
The next matter before the Court was consideration of a
request from Justice of the Peace, Precinct 1, Mike McCleary
Commissioners Court meeting May 4, 2010 6
for the addition of a temporary part time clerk for his
office. Judge McCleary stated that he had a much larger
volume than the other Justices of the Peace in Brazos County
and that his volume was equivalent to some Justice of the
Peace offices in Harris County and they have fifteen (15)
clerks or more. His office is losing revenue because cases
are being dismissed due to the statute of limitations. He
would like a part time clerk to catch up on the back log.
Commissioner Wassermann moved to approve the request
contingent on the Court receiving a report at the end of the
five (5) months showing how this helped increase revenues.
Included in the motion was that funding would come from one of
the open positions in the County Judge's office. Commissioner
Cauley seconded the motion. Commissioners Wasserman, Mallard
and Cauley voted "Aye ". Commissioner Peters and the County
Judge voted "No ". The motion carried.
The next matter for consideration by the Court was a
request submitted by Eric Caldwell, Director of the
Information Technology Department seeking approval for out of
state travel for Billy Melzow to travel to Reno, Nevada to
attend the Cicso Live! Networkers Conference the week of June
26 through July 1, 2010. On motion by Commissioner Cauley,
seconded by Commissioner Peters, the Court voted unanimously
Vol / 33 Page /3
Commissioners Court meeting May 4, 2010 7
to grant the request from the Director of the Information
Technology Department and approved payment of out of state
travel expense for Mr. Billy Melzow.
The next matter for consideration was approval of tax
refund applications from the following individuals and /or
companies:
a. Allen Terwilliger, over payment $10.00
b. BCS Commercial Services, Inc., over payment $7.76
c. William R. Rogers, over payment $37.47
d. Mitchell Moore, over payment $204.41
e. William Benavidez c/o Benavidez Glass Services, over
payment $39.17
f. Megan Gore, over payment $139.39
g. Charlotte M. Allen, over payment $7.22
h. Brian, Nancy & Zachary Nowak, over payment $274.59
i. Citimortgage c/o First American Real Estate, over
payment $203.60
On motion by Commissioner Wassermann, seconded by Commissioner
Peters, the Court voted unanimously to approve the tax refund
applications.
On motion by Commissioner Peters, seconded by
Commissioner Wassermann, the Court voted unanimously to
receive, approve and order filed as submitted the Treasurer's
report for March 2010. A copy is attached to and made a part
of these minutes.
The Court next considered the declaration of surplus
property as salvage. This property was advertised for sale in
accordance with Local Government Code §263.152 and received no
Vol i 3 Page /3-9
Commissioners Court meeting May 4, 2010 8
bids, On motion by Commissioner Peters, seconded by
Commissioner Wassermann, the Court voted unanimously to
declare the property as salvage and authorized its destruction
or other disposal.
The next matter for consideration was capital requisition
#00028931 in the amount of $18,450.35 to Gov Connection, Inc.
for the purchase of a Voice Over IP system at the Brazos
County Jail Expansion. On motion by Commissioner Peters,
seconded by Commissioner Mallard, the Court voted unanimously
to approve the capital requisition.
The Court next considered acceptance of a Special
Warranty Deed for right -of -way on Wilcox Lane Road in Precinct
2. On motion by Commissioner Peters, seconded by Commissioner
Wassermann, the Court voted unanimously to authorize the
County Judge to accept on behalf of Brazos County a Special
Warranty Deed from LeRoy Kenney and wife Ann Barnes Kenney for
the expansion and improvements to Wilcox Lane.
The Court next considered acceptance of Bryan Texas
Utilities cost estimate of $1,105.52 for relocation of one
utility pole in the right -of -way of Straub Road in Precinct 1.
On motion by Commissioner Wassermann, seconded by Commissioner
Cauley, the Court voted unanimously to accept Bryan Texas
Vol ,3 Page 140
Commissioners Court meeting May 4, 2010 9
Utilities cost estimate of $1,105.52 for relocation of an
electrical distribution pole on Straub Road.
The Court next considered the request from JM &M Farms to
construct a 30 foot road bore for 10" PVC water line
installation in the right -of -way of White Switch Road. 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 to approve the request
from JM &M Farms and authorized the installation. A copy of
the request is attached hereto.
The Court next considered the request from Wickson Creek
Special Utility District to construct a 30 foot road bore for
water line installation in the right -of -way of Dilly Shaw Tap
Road 1,500 feet from its intersection with House Cemetery
Road. The site is located in Precinct 2. The County Engineer
stated that all appeared to be in order and recommended
approval. On motion by Commissioner Peters, seconded by
Commissioner Wassermann, the Court voted unanimously to
approve the request from Wickson Creek Special Utility
District and authorized the installation. A copy of the
request is attached hereto.
The next matter for consideration was Resolution 10 -009
Vol 3 Page '14
Commissioners Court meeting May 4, 2010 10
opposing the inclusion of the proposed Millican Reservoir in
the Region G Water Plan and replacement with an alternate
water source recommendation. On motion by Commissioner Cauley,
seconded by Commissioner Peters, the Court voted unanimously
to adopt Resolution #10 -009 opposing the inclusion of the
proposed Millican Reservoir in the Region G Water Plan and
replacement with an alternate water source recommendation and
to forward the resolution to Region G. A copy is attached.
The Court next considered an addendum to the agenda which
was to consider Brazos County's participation in the Brazos
Valley Hazard Mitigation Plan, 2010 -2015. On motion by the
County Judge, seconded by Commissioner Cauley, the Court voted
unanimously to table consideration to allow the Court time to
review the plan.
At 10:15 a.m. the County Judge announced the meeting
closed to the public so that the Court could meet in Closed
Executive Session to consult with an attorney as allowed under
Section 551.071 of the Texas Government Code and for
deliberation concerning contractual negotiations as allowed
under Section 551.0725 of the Texas Government Code. Candy
Gallego, Executive Assistant, Will Bailey, Budget Analyst,
Tina Snelling, Civil Counsel, Bill Ballard, Civil Counsel, Tom
Quarles, Director of Special Events Facilities, Pat Howard,
Vol 113 Page I�
Commissioners Court meeting May 4, 2010 11
Purchasing Agent, Megan Conkel, Assistant Auditor, Debbie
Lockledge, Administrative Assistant stayed for the closed
session.
At 11:02 a.m. the County Judge announced the meeting open
to the public and on motion by the County Judge, seconded by
Commissioner Cauley, the Court voted unanimously to allow the
Director of Special Events Facilities to negotiate an
amendment to the contract for concession with the Lions Club.
There were no announcements of interest items and
possible future agenda topics.
There was no citizen input and /or concerns.
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 133 Page 143
The foregoing minutes of the Commissioners Court meeting held
May 4, 2010 have been examined and are approved in open Court
this the 64 day of , 2010, in Bryan, Brazos
County, Tex
Randy S' s
County Judge
Kenny Malla
Commissioner, Precinct 2 Co 3
Duane Peters
I a Ca
Commissioner,
Attest:
1a.tn >14c
Karen McQueen
County Clerk
far
ct 4
Vol 1 %3 Page 14+
Lloyd Wassermann
Commissioner, Precinct 1
f,Th
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BRAZOS COUNTY COMMISSIONERS COURT
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BRAZOS COUNTY COMMISSIONERS COURT
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vot. 133 P 14l
PAGE e2 of
members were present:
The following proceedings were held:
THAT WHEREAS, on 4 May 2010 the Court heard and approved a budget amendment for the 2009-
2010 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 21 September 2009, the
following amendment(s) to the original budget are hereby authorized, as described on the attached page(s).
ADOPTED AND APPROVED this the 4 day of May 2010.
THE COMMISSIONERS COURT OF BRAZOS COUNTY, TEXAS
By:
BRAZOS COUNTY, TEXAS
BUDGET AMENDMENT(S) FOR THE 2009 -2010 BUDGET YEAR
NO. 09/10 — 29.1 thru 29.6
On this the 4 day of May 2010 at a regular meeting of the Commissioners' Court, the following
A. Randy Sims, County Judge, Presiding
Lloyd Wassermann, Commissioner, Precinct 1
E. Duane Peters, Commissioner, Precinct 2
G. Kenny Mallard, Commissioner, Precinct 3
Irma Cauley, Commissioner, Precinct 4
Karen McQueen, County Clerk
Original: County Clerk's Office and
attached to the original budget
Copies: County Auditor
County Treasurer
County Budget Officer
Commissioners' Court Minutes
Vol.
6.3 Pa. 141
FUND
DIV
ACCT
PROJ
DRICR
ACCOUNT NAME
Increase
Decrease
3202
48047500
CR
Grant -13TTF
39,274.00
3202
282300
51620000
CR
Hourly - Overtime
13,600.00
3202
282300
53100000
CR
Social Security
642.00
3202
282300
53200000
CR
Retirement
995.00
3202
282300
60170000
DR
Copier Printer Supplies
1,000.00
3202
282300
60350000
CR
Food and Food Supplements
250.00
3202
282300
60400000
DR
Investigation Supplies
1,100.00
3202
282300
60500000
CR
Office Equipment
1,335.00
3202
282300
60600000
CR
Office Supplies
9,866.00
3202
282300
60620000
CR
Postage
200.00
3202
282300
61060000
CR
Bonds
50.00
3202
282300
61110000
DR
Conference & Seminar Fees
100.00
3202
282300
61120000
CR
Confidential Funds -
10,000.00
3202
282300
61460000
CR
Pagers
900.00
3202
282300
61500000
DR
Printing '.
270.00
3202
282300
61620000
DR
Subscriptions and Publications
6,600.00
3202
282300
61680000
DR
Training
2,000.00
3202
282300
61730000
CR
Telephone -Long Distance
578.00
3202
282300
61801000
CR
Travel
3,100.00
3202
282300
65200000
CR
Copier Maintenance
550.00
3202
282300
65320000
DR
Equipment - Maintenance
4,000.00
3202
282300
65350000
CR
Gasoline
20,000.00
3202
282300
65550000
CR
Radio Maintenance
6,360.00
3202
282300
65950000
CR
Vehicle Maintenance
2,500.00
3202
282300
67281000
DR
Equipment - Electronic
2,000.00
3202
282300
71400000
DR
Peace Officers
6,527.00
3202
282300
71520000
DR
Rental-Vehicles
8,000.00
3202
282300
72680000
DR
Security Services -
55.00
Brazos County Special Investigations Unit:
To reallocate budget to match app oved grant budget from CID for Special Investigations Unit Grant # DJ- 07 -A10- 9861 -03. Original
budget was set up us'ng prior year budget. Grant was awarded February 12, 2010 with a grant award of $257,554.
BRAZOS COUNTY, TEXAS
BUDGET AMENDMENTS
No. 09/10 - 29.1
5/4/2010
� „.,.:. ,...,- ...:.. _..gym..:
vol. 1 t 3 P 14K _
FUND
DIV
ACCT
PROJ
DR/CR
ACCOUNT NAME
Increase
Decrease
0100
46024000
CR
Donations - Capital Asset
19,220.00
0100
28002000
80010000
DR
Donated Property - Capital
19,220.00
0100
46024000
CR
Donations - Capital Asset
19,220.00
0100
28002000
80010000
DR
Donated Property - Capital
19,220.00
Sheriff Office: Jail Division
To record donated property approved by the commissioners' Court on 1/26/2010. Agenda Item #8.
*Two (2) 2000 Eldorado buses.
BRAZOS COUNTY, TEXAS
BUDGET AMENDMENTS
No. 09110 - 29.2
5/4/2010
vol. 1 P 4`�
BRAZOS COUNTY, TEXAS
BUDGET AMENDMENTS
No. 09/10 - 29.3
5/4/2010
FUND
3202
3202
DIV
282300
Sheriffs Office:
ACCT
46023000
67010000
PROJ
DR/CR
CR
DR
ACCOUNT NAME
Donations - Other
Donated Minor Property
Increase
2,450.00
2,450.00
Decrease
To record donated property approved by the commissioners' Court on 11/24/2009. Agenda Item #14.
vol._ Pg. I5b
FUND
DIV
ACCT
PROJ
DR/CR
ACCOUNT NAME
Increase
Decrease
5800
18006000
61130000
CR
Contingency- County Attorney Operating Fond
4,17600
5800
18006000
51610000
DR
Hourly -Staff
3,002.00
5800
18006000
53100000
DR
Social Security
456.00
5800
18006000
53200000
DR
Retirement
712.00
County Attorney Operating Fund:
To reallocate funds to allow for additional Hat Check Funds for various County Attorney sta0:
BRAZOS COUNTY, TEXAS
BUDGET AMENDMENTS
No. 09/10 - 29.4
Vol. -- P ) 51
FUND
0100
0100
DIV
11001500
56001000
ACCT
61130000
80289000
PROJ
Contingency & Road and Bridge:
DR/CR
CR
DR
ACCOUNT NAME
Contingency- General Fund
Equipment - R &B
Increase
206,550.00
Decrease
206,550.00
To reallocate funds to cover the purchase of three (3) six-yard dump trucks.
BRAZOS COUNTY, TEXAS
BUDGET AMENDMENTS
No. 09/10 - 29.5
51412010
; 1� 3 P t 52
vot g
FUND
0100
0100
DIV
17000100
17000100
ACCT
65050000
67342000
Building Maintenace:
PROJ
DR/CR
CR
DR
ACCOUNT NAME
Building Maintenance
Furniture
Increase
3,200.00
Decrease
3,200.00
To reallocate funds to cover the purchase of a bronze plaque for the Jail addition.
BRAZOS COUNTY, TEXAS
BUDGET AMENDMENTS
No. 09/10 - 29.6
5/4/2010
vol. 1 - P g .
653
Department Submitting
Request(s)
Expo Complex
Approved in Commissioners' Court: May 4, 2010:
County Judge's or Commissioner's Signature:
(This Copy to be attached to minutes)
Vol
PERSONNEL
CHANGE OF STATUS REQUESTS
Commissioner Court Date: May 4, 2010
Department Submitting Information: Human Resources
Purpose of Submissions: Consider and Take Action on Change Requests
Employee Request
Applies To
Henzelka, James
Pena, David
SO — Jail Bowling, Marlys New Hire
Coleman, Lisa New Hire
Good, Rebekah New Hire
Poorman, Jason Resignation
Prestwood, Paul Transfer w /in Dept.
133
1sµ
Action Requested
New Hire
Resignation
AGREEMENT FOR SUPPLEMENTAL STAFFING SERVICES
BETWEEN BRAZOS COUNTY AND
ELITE NURSING SERVICES, P.L.L.C. (NONEXCLUSIVE)
This nonexclusive supplemental staffing agreement is entered into this the First day of
April, 2010 between Elite Nursing Services, P.L.L.C. hereinafter referred to as ( "Nurse
Provider" or "Elite "), a Texas limited liability company having its principle place of
business at 1924 Crockett Rd. Palestine, Texas 75801 and Brazos County, a
governmental entity within the State of Texas, with its principle place of business located
at 200 South Texas Avenue, Suite 332, Bryan, Brazos County, Texas.
WHEREAS, Nurse Provider has Registered Nurses (RNs) and Licensed Vocational
Nurses (LVNs) available to provide temporary supplemental nursing services to Brazos
County. THRERFORE, in consideration of the mutual covenants and agreements set
forth herein, the parties hereby agree as follows:
I. TERMS OF AGREEMENT
This agreement shall commence on the April 15, 2010 and end on September 31, 2010.
This agreement may be renewed, upon the approval of Brazos County Commissioners
Court.
II. DESCRIPTION OF SERVICES
1. Nurse Provider shall provide Registered Nurses (RNs) and Licensed Vocational Nurses
(LVNs) for temporary supplemental staffing to Brazos County as requested and as
available in shifts of eight (8), twelve (12) and sixteen (16) hours under the terms and
conditions of the fee schedule thereunder. Nurse Provider does not provide Nurse Aides
to any Brazos County.
2. Nurse Provider shall provide twenty -four (24) hour On -Call office staff for the purpose
of service accessibility.
3. Each nurse whose services are furnished thereunder is performing the service and duties
defined thereunder as employees of Nurse Provider and not as employees, agents,
partners, or joint ventures with Brazos County. Brazos County is contracting only with
Nurse Provider and not directly with the nurses provided by Nurse Provider. Nurse
Provider shall assume sole and exclusive responsibility to pay its nurses for services
earned while on temporary assignment at Brazos County. Brazos County shall not
provide worker's compensation, not be responsible for any benefits or withholding of
taxes for any of the nurses provided by Nurse Provider. Sole payment obligation to
Nurse Provider shall be to pay to Nurse Provider, the rate established thereunder. Brazos
County shall have no payment obligation to the nurses of any kind whatsoever.
vol. 13 3 t Pg. 155
4. Each nurse provided by Nurse Provider shall attend at no cost to Brazos County, a
two (2) hour orientation that is in compliance with Joint Commission for
Accreditation of Healthcare Organizations (JCAHO) regulations prior to the first shift
worked where the nurse has not previously worked at said Brazos County.
5. Nurse Provider shall comply with all Texas Board of Nurse Examiners, Texas
Department of Health, C.D.C., OSHA and JCAHO standards, HIPPA standards, OIG
standards, Medicare standards, all Brazos County policies, procedures, and protocols,
and with all provisions of the Texas Labor Code including but not limited to Chapter
91 and will conduct criminal DPS background and Medicare, Medicaid sanction
checks.
6. Nurse Provider shall ensure that all nurses provided to Brazos County have been
apprised and comply with the Brazos County Dress Code. All nurses shall wear an
identification badge setting forth the employee's name and the Nurse Provider name.
7. Nurse Provider shall ensure that all nurses provided to Brazos County meet the
following criteria: (and shall submit proof to the Brazos County before the nurse
working a shift).
a) Possess a valid, current and unrestricted Registered Nurses or Licensed
Vocational Nurses license issued by the State of Texas.
b) Have a current CPR certification ".
c) Have a drug screen performed within the past twelve- (12) months.
d) Have a negative TB skin Test/Chest X -ray within the past twelve- (12)
e) Have current OSHA training on bloodborn pathogen and hazardous
materials precautions.
f) Have a working background and one year experience commensurate with
the unit or units on which the nurse is to work.
g)
Have documentation of the nurse's Hepatitis B vaccine status.
h) Maintain necessary documentation on each nurse required by the
Immigration Reform and Control Act of 1986 to prove either U.S.
Citizenship or possession of legitimate work documents.
i) Have HIPPA training regarding patient confidentiality
j) Have not been convicted of, or currently or previously charged with a
Class A or B misdemeanor or any grade felony.
Vol 2 ;3 ZPg 1 $(e
III. RESPONSIBILITY OF SERVICES
All personnel are expected to be able to provide care to patients based upon the judgment,
skill and the body of knowledge acquired from completing an accredited program and
clinical experience.
IV. PEER REVIEW PROCESS
Nurse Provider maintains a peer review process that consists of a clinical and non - clinical
professional with legal consultants available if necessary. Once written documentation is
received from Brazos County the peer review committee reviews the documentation and
takes appropriate action to resolve the issues. Brazos County is informed of the outcome
of the peer review committee findings.
V. DISCRIMINATION CLAUSE
Nurse Provider will not discriminate in the assignment of personnel on the bases of race,
creed, color, national origin, sex, age, disability, citizenship or veteran status.
VI.. CONFIDENTIALITY. STATEMENT
a) Nurse Provider nurses, agents and employees are expected to maintain the
confidentiality of all information about Brazos County patients, including information
about identity, diagnosis, evaluation, or treatment of such patients as required by
applicable state and federal laws and the Brazos County's bylaws, rules and
regulations.
b) Records pertinent to Brazos County will be made available to Brazos County and to
any persons as is required by Federal laws and regulations.
c) All parties to this Agreement shall exercise confidentiality with regard to all client
and staff information gained during the experience. Nurse Provider shall inform its
staff of the duty of confidentiality as an integral part of the clinical experience and
shall strictly enforce same.
d) Nurse Provider is aware that Brazos County is a governmental entity that is subject to
open government laws which may require the disclosure of certain public
information. Nurse Provider shall cooperate with Brazos County in the event such
disclosure becomes necessary under law.
V1 1. JCAHO AND MEDICARE
Nurse Provider shall ensure that all nurses remain in compliance with the Joint
Commission of Healthcare Organizations (JCAHO) Standards and Medicare Standards
3
vol. I 3 Pg.
1S°7
V111. OSHA COMPLIANCE
Brazos County shall comply with all relevant employee safety and health laws with
regards to Nurses who are under their discretion and control.
IX. ASSIGNMENT OF CONTRACT
Nurse Provider shall not assign this contract without the written permission of Brazos
County. In the event of assignment, Nurse Provider agrees to assign this contract only to
a successor or assign of Elite Nursing Services PLLC, including any entity with which
Elite Nursing Services, PLLC may be merged.
X. WORKER'S COMPENSATION INSURANCE
Nurse Provider shall maintain worker's compensation insurance covering all nurses
provided to Brazos County by Nurse Provider. Nurse Provider shall supply Brazos
County with certificates of insurance showing that Nurse Provider is insured under the
policy, naming Brazos County as a Certificate Holder. The certificate shall provide that
such insurance cannot be canceled without ten (10) days advance written notice to Brazos
County. If a nurse sustains a non - emergent injury, they are instructed to seek services
from their own personal care provider. If Brazos County treats the nurse's non- emergent
injury at its facility, Brazos County shall not seek reimbursement for the treatment from
Nurse Provider but shall not be responsible for any subsequent treatment of the nurse.
XI. GENERAL LIABILITY AND PROFESSIONAL LIABILITY INSURANCE
Nurse provider shall carry general liability insurance and professional liability insurance
with a limit of not less than $1,000,000.00 per occurrence and $3,000,000.00 aggregate.
Nurse Provider shall supply Brazos County with certificates of insurance naming Brazos
County as an additional insured.
XII. INDEMNITY AND HOLD HARMLESS
Nurse Provider agrees to indemnify, including hold Brazos County harmless from all
claims, demands, or causes of action arising out of or resulting from the acts or omissions
of any of the nurses provided to Brazos County. Nurse Provider also agrees to indemnify
and hold Brazos County harmless from: (1) The claims of any of the nurses provided by
nurse provider for any employment claims including, but not limited to claims for
unemployment, worker's compensation, withholding of taxes, benefits, etc., and (2) Any
claims asserted by any nurses provided or any third parties arising out of or resulting
from any failure by nurse provider to comply with terms of this agreement.
Vol. 1 3 3 Pg. I S8
XIII. VENUE
Any controversy or claim arising out of or relating to this Agreement or the breach of it
shall be placed in Brazos County, Texas. Venue for performance of this Agreement is set
in Brazos County, Texas. This Agreement is performable in Brazos County, Texas.
XIV. CONTRACT AMENDMENTS
No amendment, modification or discharge of this Agreement, and no waiver hereunder,
shall be valid or binding unless set forth in writing and duly executed by the party against
whom enforcement of the amendment, modification, discharge, or waiver is sought.
XV. ENTIRETY OF AGREEMENT
This Agreement supersedes all other agreements, either oral or written, between the
parties to this Agreement with respect to the employment of the Employee by the
Employer and contains all of the 'covenants and agreements between the parties with
respect to such employment. This document supersedes and excludes any prior
employment document signed by the parties.
This Agreement shall be governed by and construed in accordance with the laws of the
State of Texas.
XVI. REQUESTS FOR SERVICE AND CANCELLATION
1. Brazos County has the right . to cancel two (2) hours before the time the nurse is
scheduled to report for an assignment without incurring liability. Brazos County can
request that the Nurse Provider employee stay for two- (2) hours in lieu of being sent
home or canceled. It shall be the responsibility of the Nurse Provider to contact the
nurse.
2. If Brazos County cancels nurse less than two (2) hours prior to start of assignment,
Brazos County shall be liable to Nurse Provider for four (4) hours at the applicable
rate of the nurse and shift involved.
3. If Brazos County is not satisfied with a nurse's clinical skills or performance during
the assignment, Brazos County shall notify the agency in writing of the dissatisfaction
and Brazos County will only be billed for the actual hours the nurse worked.
4. If Brazos County calls the Nurse Provider requesting a nurse for a shift that is already
in progress, Brazos County will be billed for the actual hours the nurse worked.
Voi. 13 Pg. 15 9
5. If Brazos County cancels the nurse and calls back to request the nurse, Brazos County
will be billed for the actual hours the nurse worked and the nurse will be paid for the
actual hours worked.
XVII. FEES
1. Brazos County agrees to pay to Nurse Provider based on actual shifts or shift
increments for which services are provided by said nurses in accordance with the
following hourly rate fee schedule. These rates are all inclusive of travel, hotel,
meals, specialty areas and weekends. Brazos County will be notified by the Nurse
Provider at least ninety (90) days prior to any rate increase.
2. Brazos County shall pay Nurse Provider Holiday pay at the rate of time and one half
the normal base rate only for those nurses actually working the following designated
holiday shifts: Holiday starts at 7 A.M. on the holiday and continues through 7 A.M.
the following day.
a) NEW YEARS. DAY
b) EASTER SUNDAY
c) MEMORIAL DAY
d) JULY 4`
e) .LABOR DAY
0 THANKSGIVING DAY
g) CHRISTMAS EVE
h) CHRISTMAS DAY
i) NEW YEARS EVE
RN's $48.00
LVN's $38.00
RN Specialty $55.00
(Specialty defined as OR,LD,ICU,ER & Charge)
3. Brazos County shall pay Nurse Provider OVERTIME at the rate of time and one half
the normal base rate for any time the nurse works over forty (40) hours in a seven (7)
day period. The seven (7) day period begins on Sunday and ends on Saturday of each
week. Nurse Provider will inform Brazos County if any nurse that will incur
overtime at the start of or during the shift being staffed prior to Brazos County
accepting the staffing assignment.
Vol l3.i P I�v
XVIII. CREDIT TERMS
Elite Nursing Services, P.L.L.C. is a temporary worker staffing agency specializing in
temporary employment to various organizations. Our credit policy is all invoices are due
and payable in Palestine, Texas upon receipt. Remittances are to be sent to the corporate
office at P.O. Box 2284 Palestine, Texas 75802. All invoices shall be paid by Brazos
County within thirty (30) days of receipt.
XIX. CONTRACTING WITH AGENCY EMPLOYEES
Brazos County agrees that Brazos County will not employ, contract or solicit (directly or
indirectly) any Nurse Provider during the term of this Agreement or for a period of ninety
(90) days following the last shift the nurse worked at the Brazos County. Nurse Provider
also agrees that Nurse Provider will not employ, contract, or solicit (directly or indirectly)
any Brazos County employee during the term of this Agreement or for a period of ninety
(90) days following the last shift the nurse worked at the Brazos County.
OFFICIALS NOT TO BE,BENEFITTED
No officer; member or employee of Brazos County shall participate in any decision
relating tec this contract ,which affects his personal interest or have any personal or
pecuniary interest, director iridirect, in this:`contract or the proceeds thereof.
GOVERNMENTAL IMMUNITY
The parties expressly agree that no provision of this Agreement is in any way intended to
constitute a waiver or any immunities; from suit or from liability that Brazos County and
its agencies has by operation of law _ :Nothing in this Agreement is intended to benefit
any third party beneficiary.
XXII. TAX EXEMPT STATUS
As an agency of the State of Texas, BRAZOS COUNTY is tax exempt. Tax exemption
certification will be furnished upon request.
XXIII. INAPPLICABLE PROVISIONS
None of the following provisions, if they appear in the Agreement, shall have any effect
or be enforceable against BRAZOS COUNTY: (i) requiring BRAZOS COUNTY to
maintain any type of insurance either for BRAZOS COUNTY'S benefit; (ii) renewing or
extending the initial Agreement term or automatically continuing or renewing the original
Agreement term; and (iii) limiting contractual or tort liability to BRAZOS COUNTY or
Vol. 133' p r G2J
(iv) binding BRAZOS COUNTY to any arbitration, to the decision of any arbitration
board, commission, panel or other entity, or to any other alternative dispute resolution
other than is provided below.
XXIV. LIMITATIONS
The parties are aware that there are constitutional and statutory limitations on the
authority of Brazos County to enter into certain terms and conditions of the Agreement,
including, but not limited to, authorizations of the placement of liens on Brazos County's
property; disclaimers and limitations of warranties; disclaimers and limitations of liability
for damages; waivers, disclaimers and limitations of legal rights, remedies, requirements
and processes; limitations of periods to bring legal action; granting control of litigation or
settlement to another party; liability for acts or omissions of third parties; payment of
attorneys' fees; dispute resolution; indemnities; and confidentiality (collectively, the
"Limitations "). Any Agreement terms and conditions related to the Limitations will not
be binding on Brazos County except to the extent authorized by the laws and Constitution
of the State of Texas. Neither the execution of the Agreement by Brazos County nor any
other conduct, action, or inaction of any representative of Brazos County relating to the
Agreement constitutes or is intended to constitute a waiver of Brazos County's immunity
to suit.
XXV. LOSS OF FUNDING
Performance by BRAZOS COUNTY under the Agreement may be dependent upon the
appropriation and availability of public funds. If the necessary funds become unavailable
then BRAZOS COUNTY will issue written notice to NURSE PROVIDER and BRAZOS
COUNTY may terminate the Agreement without `further duty or obligation hereunder.
NURSE PROVIDER acknowledges that appropriation of funds is beyond the control of
BRAZOS COUNTY.`
XXVI. FORCE MAJEURE
Neither party is required, to perform any term, condition; or covenant of the Agreement, if
performance is prevented or delayed by a natural occurrence, a fire, an act of God, an act
of terrorism, or other similar occurrence; the cause of which is not reasonably within the
control of such party and which by due diligence it is unable to prevent or overcome.
XXVII. SIGNING SECTION
Executed in duplicate, each of which shall have the full force and effect of an
original. Effective on the last date signed.
Brazos County
Vol. 1 3 Pg. )1,2
R: dy Sims, B os ounty Judge
Date:
Attest:
Clerk
Co
L.
ELITE NURSING .ERVI ES PLLC
Date
Date
Julie Pritchett, RN, BSN, CEO
Vol. I 33' Pg ) tP 3
AND:
AGREEMENT BY AND BETWEEN:
AGREEMENT FOR DENTAL SERVICES
The COUNTY OF BRAZOS with offices at 1700 Highway 21 West, Bryan,
Texas 77803
Hereinafter referred to as the "COUNTY ",
DENTRUST DENTAL TEXAS, P.C., a corporation of the
State of Texas, with offices located at
975 Easton Road, Ste. 101, Warrington, Pennsylvania 18976
Hereinafter referred to as "DENTRUST ".
WHEREAS, the COUNTY desires to provide dental care for inmates and detainees at the
Brazos County Jail (hereinafter "the Jail "); and
WHEREAS, Dentists provided by DENTRUST are duly licensed dentists in the State of Texas,
desires to conduct part of its practice of dentistry at the Jail;
WHEREAS, the provisions of the Health Insurance Portability and Accountability Act (HIPAA)
as set forth hereto in Appendix "A ", HIPAA Business Associate Agreement, is hereby made part of
this Services Agreement and incorporated by reference;
IT IS MUTUALLY AGREED by and between the above - referenced parties hereto, for one
dollar ($1.00) and for other goods and valuable consideration, as follows;
1. DENTRUST agrees to conduct an independent practice of dentistry at the Jail. The
COUNTY in turn, agrees to provide DENTRUST with the required space and sufficient time to
conduct its dental practice. The COUNTY will neither contract with nor allow any other provider to
perform routine or non - emergent dental services on inmates or detainees housed at the Brazos
County Jail while: the COUNTY is under contract with DENTRUST. The COUNTY will allow
1
Vol. 133 Pg. /
DENTRUST access to the Jail once a month and any other time when DENTRUST's services are
required as scheduled by either the Jail or DENTRUST.
2. DENTRUST agrees that it shall give priority scheduling to inmates in need of emergency
dental treatment; inmates who have medical problems, such as allergies, diabetes, heart conditions
and /or blood diseases; and inmates who do not have sufficient teeth to masticate the food provided
by the Jail.
3. DENTRUST agrees to perform necessary dental services upon any and all County, State and
Federal prisoners presently detained at the Jail. In the course of performing said dental services for
County, State and Federal prisoners, DENTRUST agrees to adhere to any and all applicable State
and Federal regulations governing dental services for prisoners and detainees.
4. DENTRUST agrees that it is responsible for furnishing, at its own expense, all additional
necessary equipment and supplies and its own paid personnel, as determined by DENTRUST, for the
proper and safe operation of its clinic at the Jail.
5. In addition to emergency treatment DENTRUST shall only perform the treatment necessary
to control and prevent pain, infection, decay or other abnormalities of the hard and soft tissue within,
and immediately adjacent to the oral cavity of any inmate or detainee presently being housed at the
Jail. DENTRUST shall not perform any cosmetic or other dental services other than the
aforementioned, without first obtaining authorization from the Jail Administrator.
6. The COUNTY agrees to pay the fees in Appendix `B" for all treatment performed on inmates
and detainees housed in the Jail, and that a fee of fifty -five dollars ($55.00) will be billed to the
COUNTY for travel expenses incurred by DENTRUST for each day it operates the clinic at the Jail.
This fee will also apply to any emergency calls to which DENTRUST may respond.
7. The COUNTY agrees that it is responsible for disposing of all bio- hazardous waste products
created as a result of the operation of the dental clinic at the Jail.
8. The COUNTY agrees to make the medical records available to DENTRUST, in advance of
any dental treatment, of any patient expected to be examined or treated by a Dentist provided by
DENTRUST. DENTRUST agrees to treat all patients with proper infection control procedures
including barrier protection, chemical disinfectants, sterilization, and, where possible, disposable
equipment.
9. The COUNTY agrees that when a Dentist provided by DENTRUST is in the presence of
inmates or other detainees under the jurisdiction of the Jail at least one corrections officer will be
immediately present. At no time will the COUNTY leave any Dentist alone with an inmate or other
Vol. 3 Pg _ I✓�
detainee under the jurisdiction of the Jail regardless of how rehabilitated or trustworthy that inmate
or detainee may appear.
10. DENTRUST agrees to maintain the appropriate amounts of Dental malpractice insurance
necessary for it to satisfy its obligations under this Agreement. Moreover, this Agreement will not
be effective unless and until DENTRUST demonstrates that it possesses said malpractice coverage.
11. The COUNTY agrees that during the terms of this Agreement and for a period of two (2)
years after its termination, the COUNTY will not engage, directly or indirectly, any employee or
dentist - employee of DENTRUST in connection .with the provision of dental services.
12. The terms of this Agreement shall be for three (3) years effective March 1, 2010 and maybe
renewed by mutual consent of both parties, for additional one (1) year terms.
13. It is understood and agreed that either party retains the right to revoke this Agreement at any .
time, and for reasonable cause, upon ninety (90) days written notice.
14. All notices, approvals, consents and other instruments required or permitted to be given
under this Agreement shall be in writing.
15. This Agreement may not be changed, modified or discharged, except in writing, and
signed by both parties.
16. This Agreement constitutes the entire understanding between DENTRUST and the
COUNTY. There are no understandings, representations, or agreements, either oral or written, other
than those set forth herein.
17. Waiver of any provision of this Agreement shall not be deemed a waiver of future
compliance herewith and such provisions shall remain in full force and effect.
18. In the event any provision of this Agreement is held invalid and illegal, or unenforceable, in
whole or in part, the remaining provisions of this Agreement shall not be affected thereby and shall
continue to be valid and enforceable. In the event that any provision of this Agreement is held to be
unenforceable as written, but enforceable if modified, then such provision shall be deemed to be
modified to such extent as shall be necessary for such provision to be enforceable, and it shall be
enforced to that extent.
19. This Agreement shall be construed and interpreted according to the laws of the State of
Texas.
Vol. 13 3 3 Pg. / 4 •�
20. The undersigned represent that they have been authorized by each of the above- referenced
parties to execute this Agreement.
IN WITNESS WHEREOF, the officers of the respective parties have signed and sealed this
Agreement this day of },l/ 2010.
ATTEST
ATTEST
COUNTY OF BRAZOS
Law nce B��'n �.M.D
0
DENTRUST DEN AL TE <c! , P.C.
vol. 133 Pg. 10
HP
This Appendix "A" is made part of the Services Agreement (as defined below) by and
between DENTRUST DENTAL TEXAS, P.C. ( "Covered Entity ") and the COUNTY OF
BRAZOS ( "Business Associate ").
WHEREAS, Covered Entity and Business Associate are parties to the Sery ice Agreement
pursuant to which Business Associate provides certain services to Covered Entity. In connection
with Business Associate's services, Business Associate creates or receives Protected Health
Information from or on behalf of Covered Entity, which information is subject to protection
under the Federal Health Insurance Portability and Accountability Act of 1996, Pub. L. No. 104-
191 ( "HIPAA ") and related regulations promulgated by the Secretary ( "HIPAA Regulations ").
WHEREAS, in light of the foregoing and the requirements of the HIPAA Regulations,
Business Associate and Covered Entity agree to be bound by the following terms and conditions:
1. Definitions.
a. General. Terms used, but not otherwise defined, in this Agreement shall have the
same meaning as those terms in the Privacy Rule.
b. Specific.
APPENDIX "A"
HIPAA BUSINESS ASSOCIATE AGREEMENT
Individual "Individual" shall have the same meaning as the term "individual"
in 45 CFR 164.501 and shall include a person who qualifies as a personal
representative in accordance with 45 CFR 164.502(g).
ii. Privacy Rule. "Privacy Rule" shall mean the Standards for Privacy of
Individually Identifiable Health Information at 45 CFR part 160 and part 164,
subparts A and E.
iii. Protected Health Information. "Protected Health Information" shall have the
same meaning as the term "protected health information" in 45 CFR 164.501,
limited to the information created or received by Business Associate from or
on behalf of Covered Entity.
iv: Required By Law. "Required by Law" shall have the same meaning as the
term "required by law" in 45 CFR 164.501.
v. Secretary. "Secretary" shall mean the Secretary of the Department of Health
and Human Services or his designee.
A -1
vol. 1 33 p I Log
vi. Services Agreement. "Services Agreement" shall mean any present or future
agreements, either written or oral, between Covered Entity and Business
Associate under which Business Associate provides services to Covered
Entity which involve the use or disclosure of Protected Health Information.
2. Obligations and Activities of Business Associate.
a. Use and Disclosure. Business Associate agrees not to use or disclose Protected
Health Information other than as permitted or required by the Services Agreement or
as Required by Law.
b. Appropriate Safeguards. Business Associate agrees to use appropriate safeguards to
prevent use or disclosure of the Protected Health Information other than as provided
for by the Services Agreement. Without limiting the generality of the foregoing,
Business Associate agrees to protect the integrity and confidentiality of any Protected
Health Information it electronically exchanges with Covered Entity.
c. Mitigation. Business Associate agrees to mitigate, to the extent practicable, any
harmful effect that is known to Business Associate of a use or disclosure of Protected
Health Information by Business Associate in violation of the requirements of this
Agreement.
d. Reporting. Business Associate agrees to report to Covered Entity any use or
disclosure of the Protected Health Information not provided for by the Services
Agreement of which it becomes aware.
e. Agents. Business Associate agrees to ensure that any agent, including a
subcontractor, to whom it provides Protected Health Information received from, or
created or received by Business Associate on behalf of Covered Entity agrees to the
same restrictions and conditions that apply through this Agreement to Business
Associate with respect to such information.
f. Access to Designated Record Sets. To the extent that Business Associate possesses or
maintains Protected Health Information in a Designated Record Set, Business
Associate agrees to provide access, at the request of Covered Entity, and in the time
and manner designated by the Covered Entity, to Protected Health Information in a
Designated Record Set, to Covered Entity or, as directed by Covered Entity, to an
Individual in order to meet the requirements under 45 CFR 164.524.
g
Amendments to Designated Record Sets. To the extent that Business Associate
possesses or maintains Protected Health Information in a Designated Record Set,
Business Associate agrees to make any amendment(s) to Protected Health
Information in a Designated Record Set that the Covered Entity directs or agrees to
pursuant to 45 CFR 164.526 at the request of Covered Entity or an Individual, and in
the time and manner designated by the Covered Entity.
Vot. i33 2 9
1 . � 9
h. Access to Books and Records. Business Associate agrees to make internal practices,
books, and records, including policies and procedures and Protected Health
Information, relating to the use and disclosure of Protected Health Information
received from, or created or received by Business Associate on behalf of, Covered
Entity available to the Covered Entity, or to the Secretary, in a time and manner
designated by the Covered Entity or designated by the Secretary, for purposes of the
Secretary determining Covered Entity's compliance with the Privacy Rule.
Accountings. Business Associate agrees to document such disclosures of Protected
Health Information and information related to such disclosures as would be required
for Covered Entity to respond to a request by an Individual for an accounting of
disclosures of Protected Health Information in accordance with 45 CFR 164.528.
J•
Requests for Accountings. Business Associate agrees to provide to Covered Entity or
an Individual, in the time and manner designated by the Covered Entity, information
collected in accordance with Section 2.i. of this Agreement, to permit Covered Entity
to respond to a request by an Individual for an accounting of disclosures of Protected
Health Information in accordance with 45 CFR 164.528.
3. Permitted Uses and Disclosures by Business Associate.. Except as otherwise limited in
this Agreement, Business Associate may use or disclose Protected Health Information to
perform functions, activities, or services for, or on behalf of, Covered Entity as specified in
the Services Agreement, provided that such use or disclosure would not violate the Privacy
Rule if done by Covered Entity or the minimum necessary policies and procedures of the
Covered Entity.
4. Permissible Requests by Covered Entity. Covered Entity shall not request Business
Associate to use or disclose Protected Health Information in any manner that would not be
permissible under the Privacy Rule if done by Covered Entity.
5. Term and Termination.
a. Term. This Agreement shall be effective as of the date of the Services Agreement,
and shall terminate when all of the Protected Health Information provided by
Covered Entity to Business Associate, or created or received by Business Associate
on behalf of Covered Entity, is destroyed or returned to Covered Entity, or, if it is
infeasible to return or destroy Protected Health Information, protections are extended
to such information, in accordance with the termination provisions'in this Section.
b. Termination for Cause. Upon Covered Entity's knowledge of a material breach by
Business Associate, Covered Entity shall either:
In its sole discretion, provide an opportunity for Business Associate
to cure the breach or end the violation. If Business Associate does
not cure the breach or end the violation within the time specified by
Covered Entity, Covered Entity shall terminate: (A) this Agreement;
Vol. I Pg. 1 7
c. Effect of Termination.
Miscellaneous.
(B) all of the provisions of the Services Agreement that involve the
use or disclosure of Protected Health Information; and (C) such other
provisions, if any, of the Services Agreement as Covered Entity
designates in its sole discretion;
ii. Immediately terminate: (A) this Agreement; (B) all of the provisions
of the Services Agreement that involve the use or disclosure of
Protected Health Information; and (C) such other provisions, if any,
of the Services Agreement as Covered Entity designates in its sole
discretion if Business Associate has breached a material term of this
Agreement; or
iii. If termination is not feasible, Covered Entity shall report the violation
to the Secretary.
Except as provided in paragraph ii. of this Section 5.c., upon termination of
this Agreement, for any reason, Business Associate shall return or destroy all
Protected Health Information received from Covered Entity, or created or
received by Business Associate on behalf of Covered Entity. This provision
shall apply to Protected Health Information that is in the possession of
subcontractors or agents of Business Associate. Business Associate shall
retain no copies of the Protected Health Information.
In the event that Business Associate determines that returning or destroying
the Protected Health Information is infeasible, Business Associate shall
provide to Covered Entity notification of the conditions that make return or
destruction infeasible. Upon mutual agreement of the Parties that return or
destruction of Protected Health Information is infeasible, Business Associate
shall extend the protections of this Agreement to such Protected Health
Information and limit further uses and disclosures of such Protected Health
Information to those purposes that make the return or destruction infeasible,
for so long as Business Associate maintains such Protected Health
Information. If Covered Entity makes a reasonable determination that
returning or destroying the Protected Health Information is feasible, Business
Associate shall return or destroy the Protected Health Information in the time
and manner designated by Covered Entity.
a. Regulatory References. A reference in this Agreement to a section in the Privacy
Rule means the section as in effect or as amended.
b. Amendment. The Parties agree to take such action as is necessary to amend the
Services Agreement from time to time as is necessary for Covered Entity to comply
with the requirements of the Privacy Rule and HIPAA.
Vol. 1 3 Pg. 171
c. Survival. The respective rights and obligations of Business Associate under Section
5.c. of this Agreement shall survive the termination of the Services Agreement.
d. Interpretation. Any ambiguity in this Agreement shall be resolved to permit Covered
Entity to comply with the Privacy Rule.
e. Miscellaneous. The terms of this Agreement are hereby incorporated into the
Services Agreement. Except as otherwise set forth in Section 6.d. of this Agreement,
in the event of a conflict between the terms of this Agreement and the terms of the
Services Agreement, the terms of this Agreement shall prevail. The terms of the
Services Agreement which are not modified by this Agreement shall remain in full
force and effect in accordance with the terms thereof. The Services Agreement
together with this Business Associate Agreement constitutes the entire agreement
between the parties with respect to the subject matter contained herein.
A -5
Vol. 1 3 3 P 172,
FEE SCHEDULE- Effective January 1, 2006
Diagnostic
Preventive
Space Management Therapy
1315 Night Guard Therapy For MPD
1510 Fixed Unilateral
1515 Fixed Bilateral
1520 Removable Unilateral
1525 Removable Bilateral
1550 Recement Space Maintainer
APPENDIX "B"
f
entrust
ental
TEXAS, P.C.
254 CAFFERTY ROAD, PIPERSVILLE, PENNSYVLAN[A, 18947 TEL(610)2947994 FAX (610)2947995
TYPE 1 SERVICES
0110 Initial Examination 30.00
0120 Periodic Examination 30.00
0140 Problem Focused Examination 35.00
0210 Full Mouth Series 85.00
0220 Periapical First Film 15.00
0230 Periapical- Additional Film 10.00
0240 Occlusal X -ray 30.00
0270 Bitewing- Single 15.00
0272 Bitewing -Two Films 25.00
0273 Bitewing -Three Films 30.00
0274 Bitewing -Four Films 35.00
0460 Pulp Vitality Test 25.00
0470 Diagnostic Casts 40.00
1110 Adult Prophylaxis 60.00
1120 Child Prophylaxis 50.00
1203 Topical Fluoride -Child 20.00
1204 Topical Fluoride -Adult 20.00
1350 Sealants - Quadrant 70.00
1351 Sealant -Per Tooth 25.00
1330 Oral Hygene Instruction
1310 Nutritional Counseling
vol. 1 3 3 p b 7V
325.00
150.00
275.00
150.00
300.00
50.00
Restorative
2110 Amalgam- Primary-One Surface
2120 Amalgam- Primary-Two Surface
2130 Amalgam- Primary-Three Surface
2131 Amalgam- Primary-Four Surface
2140 Amalgam - Permanant -One Surface
2150 Amalgam - Permanant -Two Surface
2160 Amalgam- Permanant -Three Surface
2161 Amalgam- Permanant -Four Surface
2162 Amalgam - Permanant -Five Surface
Anterior Composite Resins
2330 One Surface
2331 Two Surface
2332 Three Surface
2335 Four Surface or Incisal Angle
2336 Facial Veneer
Posterior Composite Resins
2391 Permanant -One Surface
2392 Permanant -Two Surface
2393 Permanant -Three Surface
2394 Permanent — Four or more Surfaces
Gold Foil
2410 One Surface
2420 Two Surface
Gold Inlay & Onlay
2510 Inlay -One Surface market
2520 Inlay -Two Surface market
2530 Onlay -Three Surface market
2540 Onlay -Four Surface market
Porcelain Inlays & Onlays
2610 Inlay-One • Surface
2620 Inlay -Two Surface
2630 Onlay -Three Surface
Crowns - Single
2700 Porcelain Laminate
2710 Acrylic Temporary
2740 Porcelain Jacket
Vol. 13 3 Pg. 73
Dentrust Dental Texas, P.C.
Appendix "B"
30.00
41.00
52.00
63.00
55.00
75.00
90.00
110.00
130.00
55.00
75.00
90.00
110.00
130.00
80.00
110.00
150.00
185.00
100.00
175.00
425.00
500.00
625.00
425.00
100.00
650.00
2750 Porcelain -gold 725.00
2752 Porcelain - Semiprecious Metal 525.00
2790 Gold -Full Cast market
2792 Semiprecious -Full Cast 650.00
2830 Stainless Steel 125.00
Other Restorative Services
2891 Cast Post & Core
2892 Parapost
2893 Cast Post & Core as Part of Crown
2910 Recement Inlay
2920 Recement Crown
2940 Sedative Filling
2950 Buildup For Crown
2951 Pin Retention In Addition to Restoration
Endodontics
3110 Pulp Cap - Direct
3120 Pulp Cap - Indirect
3210 Theraputic Apical Closure
3220 Vital Pulpectomy
3310 Root Canal- Anterior Tooth
3320 Root Canal- Bicuspid Tooth
3330 Root Canal -Three Canal Molar
3340 Root Canal -Four Canal Molar
3910 Hemisection
Periodontics
4050 Periodontal Evaluation
4320 Provisional Splinting Intracoronal
4321 Provisional Splinting Extracoronal
4330 Occlusal Adjustment
4331 Occlusal Adjustment Complete
4340 Scaling & Rootplaning Full Mouth
4341 Scaling and Root Planing per Quadrant
4345 Theraputic Periodontal Scaling
4399 Isolated Scaling
4910 Periodontal Maintenance (perioprophy)
Removable Prosthodontics
5110 Complete Upper Denture
5120 Complete Lower Denture
5130 Immediate Upper Denture
5140 Immediate Lower Denture
5211 Resin Base Upper Partial
5212 Resin Base Lower Partial
Vol. 133 P .17
Dentrust Dental Texas, P.C.
Appendix `B"
155.00
90.00
155.00
50.00
50.00
50.00
85.00
30.00
25.00
25.00
85.00
85.00
325.00
400.00
575.00
625.00
90.00
55.00
85.00
85.00
50.00
150.00
375.00
125.00
100.00
70.00
100.00
625.00
625.00
625.00
625.00
325.00
325.00
Denture Repairs
5510 Complete Denture No Teeth Damaged
5520 Missing Tooth- Complete Denture (each)
5610 Partial Denture Acrylic Saddle
5620 Cast Framework of Partial
5630 Broken Clasp
5640 Missing Tooth - Partial Denture (each)
5650 Addition of Tooth - Partial Denture (each)
5660 Addition of Clasp
Denture Relines
5730 Upper Complete - Chairside
5731 Lower Complete - Chairside
5740 Upper Partial - Chairside
5741 Lower Partial - Chairside
5750 Upper Complete- Laboratory
5751 Lower Complete- Laboratory
5760 Upper Partial - Laboratory
5761 Lower Partial- Laboratory
vol. 1 33 Pg )T75
Dentrust Dental Texas, P.C.
Appendix 'B"
5213 Upper Cast Partial 695.00
5214 Lower Cast Partial 695.00
5310 Each Additional Clasp With -Rest 85.00
5410 Adjustment Complete Upper 70.00
5411 Adjustment Complete Lower 70.00
5421 Adjustment Partial Upper 70.00
5422 Adjustment Partial Lower 70.00
5850 Tissue Conditioning -Per Denture 175.00
5860 Overdenture- Complete 650.00
5861 Overdenture- Partial 725.00
50.00
40.00
55.00
100.00
100.00
40.00
40.00
100.00
165.00
165.00
140.00
140.00
175.00
175.00
175.00
175.00
Fixed Prosthodontics
. 6210 Gold -Full Cast Pontic market
6212 Semiprecious -Full Cast Pontic 650.00
6240 Porcelain -Gold Pontic 725.00
6252 Porcelain- Semiprecious Pontic 625.00
6545 Maryland Bridge 450.00
6750 Porcelain -Gold Abutment 725.00
6752 Porcelain- Semiprecious Abutment 625.00
6790 Gold -Full Cast Abutment market
6792 Semiprecious -Full Cast Abutment 650.00
Other Prosthetic Services
6920 Recementation of Maryland Bridge
6930 Recement Bridge
Oral Surgery
7140 Simple Extraction
7140 Simple Extraction (third molar)
7210 Surgical Extraction
7210 Surgical Extraction (third molar)
7220 Soft Tissue Impaction
7230 Partial Bony Impaction
7240 Full Bony Impaction
7250 Removal of Residual Root Tip
7260 Fistula Closure
7281 Exposure of Unerupted/Impacted Tooth
7285 Hard Tissue Biopsy (exc. path report)
7286 Soft Tissue Biopsy (exc path report)
7310 Alveoloplasty With Extractions
7320 Alveoloplasty Without Extractions
7321 Tuberosity Reduction
7425 Operculectomy
7452 Excision of Hyperplastic Tissue - Quadrant
7510 Incision & Drainage Intraoral
Miscellaneous
9110 Palliative Treatment 70.00
• 9240 Nitrous Oxide Analgesia 40.00
9910 Desensitizing Medicaments 15.00
9941 Athletic Mouthguard 85.00
vol. Pg
Dentrust Dental Texas, P.C.
Appendix "B"
60.00
60.00
70.00
80.00
95.00
110.00
165.00
225.00
275.00
85.00
275.00
95.00
195.00
195.00
105.00
185.00
95.00
65.00
105.00
175.00
CREMATION SERVICES AGREEMENT
This Agreement is between BRAZOS COUNTY ( "the County") and CALLAWAY-
JONES FUNERAL HOME ( "Contractor ") to provide for the disposition of the remains of a
deceased pauper pursuant to a commissioners' court's duty in accordance with the Texas Health &
Safety Code §694.002 and the Texas Local Government Code §81.027.
WHEREAS, Brazos County is authorized to dispose of the bodies of deceased paupers in
accordance with the Health & Safety Code, the Texas Local Government Code and Brazos
County rules, and
WHEREAS, the Brazos County Commissioners' Court has ordered that such disposition
be by cremation; and
WHEREAS, Contractor is licensed by the State of Texas Funeral Service Commission to
provide cremation services;
THEREFORE, IT IS AGREED as follows:
1. Provision of Services. Contractor will provide cremation services to a decedent who has
been determined to be indigent and who was either a Brazos County resident at the time of
death or who died in Brazos County pursuant to the "Order Establishing Rules for the
Burial of Paupers" of the Brazos County Commissioners' Court, attached hereto as
Exhibit "A" and made a part of this contract. - At all times, a body shall be attended by and
interred in the presence of a funeral director licensed under the laws of the State of Texas.
A licensed crematory will be used for cremations.
2. Removal. Contractor will provide for removal of the Decedent's body from the place of
death within Brazos County. Reimbursement for such removal is included in the
contracted price as set forth in this contract.
3. Eligibility Assistance. Brazos County provides cremation assistance to the decedent
who lacked the income or resources to afford any type of funeral expenses and who met
applicable eligibility requirements under the Brazos County rules for the burial of paupers.
4. Certification of Eligibility. Prior to requesting payment, Contractor will certify the
decedent as a pauper eligible for cremation by the County by determining to the extent
possible and after reasonable investigation that the estate of the decedent does not have
any resources that may be used to pay for cremation; and that the decedent's family
members cannot pay for cremation because they do not have resources that may be used
to pay for cremation; or their identities or whereabouts are unknown.
5. Documentation. Contractor is responsible for the appropriate documentation required by
law or by Brazos County's Order for the cremation of a decedent. Contractor will provide
documentation to support the determination of indigence and provision of cremation
services. Contractor shall obtain the death certificates and burial or cremation permits in
accordance with Texas lav such documents "et be approved by the Brazos County
l* ti'
Health Department and be present at the time of the cremation.
6. Time of Service and Referrals. All cremations shall be completed within a reasonable
length of time after death, but in no instance shall it be later than 30 days after the
contractor's receipt of the remains. Referrals to Brazos County for cremation must be
received within 48 hours of the death or discovery of the body or remains for potential
authorization for services.
7. Excess Charges. Contractor will not charge a pauper's estate or family members for
services in excess of those provided by this Agreement.
8. Payment Amount(s). Brazos County will pay Contractor no more than $600.00 for the
services provided under this contract. This sum includes reimbursement for the cost, if
any, of each Death Certificate required to be obtained from the State of Texas online
registry.
9. Term. This contract is for one year, from April 14, 2010 until April 13, 2011, and may
be renewed annually.
10. Hold Harmless. Contractor shall indemnify and hold Brazos County harmless from all
claims for personal injury, death and /or property damage resulting from the Contractor's
performance.
11. Severability. If any section, subsection, paragraph, sentence, clause, phrase or word of
these requirements or the specifications shalt be held invalid, such holding shall not affect
the remaining portions of these requirements and the specifications and it is hereby
declared that such remaining portions would have been included in these requirements and
the specifications as though the invalid portion had been omitted.
12. Taxes. Brazos County is exempt from all federal excise, state and local taxes unless
otherwise stated in this document. Brazos County claims exemption from all sales and /or
use taxes under Texas Tax Code §151.309, as amended.
13. Fiscal Funding. This contract is payable out of current revenues for the year.
14. Assignment And Subcontracting. Contractor may not assign, sell or otherwise transfer
this contract without written permission of Brazos County Conunissioners Court.
Contractor may subcontract any part of these contracted services. However, Contractor
shall remain the party liable to Brazos County for compliance with all Agreement
specifications.
15. Contract Renewals. Renewals may be made only by written agreement between Brazos
County and the Contractor. Any price escalations must be approved by the Brazos
County Conunissioners Court prior to any renewal.
16. Invoices And Payments. Contractor shall furnish the Brazos County Auditor an
itemized invoice for services, and written statement the Contractor has not received, and
will not receive, any money or other type of compensation from any party for the services
for which Brazos County is paying. Prior to any and all paymen made for good and/or
Vol. 1 3 3 Pg. Li/
BRAZOS
ATTEST:
services provided under this contract, the Contractor should provide its Taxpayer
Identification Number or social security number as applicable. This information must be
on file with the Brazos County Auditor's office.
17. Termination. Brazos County reserves the right to terminate the contract for default if
Contractor breaches any of the terms therein or if the Contractor becomes insolvent or
commits acts of bankruptcy. Either party may terminate the contract without cause upon
thirty (30) days written notice.
18. Venue. This agreement will be governed and construed according to the laws of the State
of Texas. This agreement is performable in the County of Brazos, Texas.
This contract is entered into between Brazos County and Callaway -Jones Funeral Home
and is effective on the date of the last party to sign below:
RANDY SIM
BRAZOS (UNTYJUDGE
16 /tar-I ' M)
McQueen
Brazos County Clerk
CALLAWAY - JONES UNE
(signature)
do.) yi » ,72)4/C
(printed name)
Date: S /o4 6c
Vol 13 3 Pg 17 °I
The State of Texas, County of BRAZOS
We, the undersigned, as County Commissioners within and for Brazos County, and the
Honorable Randy Sims, County Judge of Brazos County, constituting the entire
Commissioners' Court of Brazos County, during a regular meeting of said Court have
examined the foregoing report and have caused an order to be entered upon the Minutes
of the Commissioners' Court of Brazos County approving said Report as presented and
submitted as true and correct by Kay Hamilton, Treasurer of Brazos County, as provided
for in the Revised Statutes of the State of Texas. (Texas Local Government Code,
114.026)
Vt y
T{aren Mn cQ ` n ay-
County Clerk, County of BR State of Texas
Examined and approved in open Commissioners' Court this 4 '
Witness my hand this 'Cry day of
Treasurer's Report for the MONTH of March 2010
And The Q/E 3/31/10
Vo l.
A.D. 2010
day of
20
Randy Si ., County Judge
Lloyd W ssermann, Commissioner Precinct #1
Duane Peters, Commissioner Precinct #2
Kenny Mallard, C
) 33 P 1N
tu
Vol. Pg. — I g i
Vol. Pg.
DATE OF COURT MEETING: May 4, 2010
SOURCE OF FUNDS: N/A
NO TES/E X CEPT ION S:
Richard F. Vance, P.E.
County Engineer
CC2010 -019
BRAZOS COUNTY
COMMISSIONERS' COURT ACTION FORM
DEPARTMENT Road and Bridge NUMBER 56001000
ITEM: Request from JM &M Farms to construct a 30 ft. road bore for 10" PVC water line
installation in the right of way of White Switch Road approximately 0 5 mile from its intersection
with FM 159. Site is located in Precinct 1.
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 1) 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. If clearing 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.
4. 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 Highway, published by the Texas Department of
Transportation, and all other State and Federal laws goveming utility construction.
This Request is Ap
Date:
roved
Randy Sims ounty Judge
APPROVED BY:
Commi Toner Lloyd Wassermann
Precinct 1
Denied ❑ by Commissioners' Court
Vol. 1 33 Pg. � '3
-
_ . _
DEPARTMENT Road and Bridge NUMBER 56001000
DATE OF COURT MEETING: May 4, 2010
ITEM: Request from Wickson Creek Special Utility District to construct a 30 ft. road bore for
water line installation in the right of way of Dilly Shaw Tap Road 1,500 ft. from its intersection with
House Cemetery Road. Site is located in Precinct 2.
SOURCE OF FUNDS: N/A
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 1) 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. If clearing 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.
4. 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.
NOTES/EXCEPTIONS:
SUBMI .T. II BY:
Richard F. Vance, P.E.
County Engineer
CC2010 -017
This Request is Approve d3 / Denied ❑ by Commissioners' Court
Date: 0
Randy Sims
BRAZOS COUNTY
COMMISSIONERS' COURT ACTION FORM
Vo l.
Judge
REED B
C mac.
Commissioner E. Duane Peters
Precinct 2
AP
33 Pg j'S
REQUEST FOR PROPOSED INSTALLATION IN COUNTY RIGHT -OF -WAY
TO THE COMMISSIONERS' COURT OF BRAZOS COUNTY, TEXAS
BRAZOS COUNTY COURTHOUSE
BRYAN, TEXAS 77803
Formal notice is hereby given that (applicant) Wickson Creek Special Utility District
proposes to place a (type) waterline within across x the right -of -way of
(road) 15322 DILLY SHAW TAP in Brazos County, Texas as follows:
The location or description of the proposed installation is more fully shown by 3
copies of the drawings attached to this notice.
I understand and agree that:
1. The County Engineer must be notified 72 hours prior to the beginning
of construction in order that he, or his designated inspector, may
inspect the actual installation.
2. All damage to the roadways and rights -of -way will be repaired to theft
original condition to the satisfaction of the County Engineer.
3. Brazos County reserves the right to require Applicant to relocate or
lower any such line at no cost to Brazos County, should same
become necessary due to widening or lowering, or other alteration of
the roadway or right -of -way.
4. Brazos County will in no way be responsible for any damage which
might occur to any existing utility lines in the right -of -way.
5. The fine will be constructed and maintained on the County right -of -way in
accordance with the Utility Accommodation Policy which was adopted by the
Texas Department of Transportation on May 29, 1989.
6. The line or lines will be constructed no less than twenty -four inches (24 ")
lower than the lowest part of the drainage or bar ditch and the drainage is to
be considered at least two feet (2') below the center of the roadway.
7. All sites will be barricaded during the construction period
Construction of this line will begin on or after the2atday of APRIL
1. —g
APPROVED BY COMMISSIONERS'
COURT ON:
Randy Si =, County Judge
2010
Firm: Wicks Creek Speci Utility District
By: / 'd 'd
Title: General Manager
Address: B. 0. Box 4756
Bryan, Texas A7805
Phone: 979-589-3030
Vol. ) J 33 p gip
0
0
I p
0
0
IP
j
Vol. 1 pg. 127
BRAZOS COUNTY
BRYAN. TEXAS
RESOLUTION
t23
WHEREAS, Brazos County recognizes the importance of the need to plan for future water
requirements to meet the projected growth within Region G and throughout the State of Texas;
WHEREAS, Brazos County recognizes the many factors and challenges involved in developing
a comprehensive water plan to provide for future water requirements;
WHEREAS, Brazos County supports many of the recommendations contained in the proposed
2011 Region G Water Plan that if implemented will materially increase the future water supply
in the Region;
WHEREAS, the proposed Region G Water Plan includes the proposed Millican Reservoir and
recommends it's designation as a unique reservoir site by the Texas Legislature;
WHEREAS, the designation of the Millican Reservoir as a unique reservoir site most likely will
have a negative impact on land values, farming/ranching operations, wild life
habitat/management, minerals, public facilities, state and county highways and roads and the tax
base of Brazos and surrounding counties;
WHEREAS, the location of the proposed reservoir dam has not been identified, and no in -depth
study has been conducted to assess the total impact the designation/construction of the Millican
Reservoir would inflict on the affected area;
WHEREAS, the proposed Millican Reservoir would have no positive economic value to Brazos
County as under the proposed plan it would act as a holding reservoir to supply projected water
requirements for the Gulf Coast Area and not suitable for recreational use;
NOW 'I HEREFORE, BE IT RESOLVED by the Commissioners Court of Brazos County,
Texas that it is the opinion of this Court that sufficient information has not been developed to
determine the total impact of the inclusion of the proposed Millican Reservoir in the Region G
Water Plan will have on the affected areas; and
BE IT FURTHER RESOLVED THAT by adoption of this resolution the Commissioners
Court of Brazos County, Texas opposes the inclusion of the proposed Millican Reservoir in the
Region G Water Plan and asks for that to be replaced with an alternate water source
recommendation.
Commis oner Lloyd Wassermann
Precinct 1
Commissioner
Precinc
Vol. ) 33 Pg. l8?
ADOPTED AND PASSED THIS f( D OF IY
astab
dy Sims
ounty Judge
1
2010.
Commissioner Duane Peters
Precinct 2