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2011-10-25-4:00PM-REGULAR
BRYAN,TEXAS NOTICE OF MEETING AND AGENDA BRAZOS COUNTY COMMISSIONERS COURT THE COMMISSIONERS COURT OF BRAZOS COUNTY WILL MEET IN REGULAR SESSION ON OCTOBER 25, 2011 AT 4:00 PM IN THE COMMISSIONERS COURTROOM OF THE COUNTY ADMINISTRATION BUILDING, 200 SOUTH TEXAS AVE., SUITE 106, BRYAN, TX 77803 Invocation and Pledge of Allegiance - Chaplain G.H. Jones and Commissioner Catalena 2. Call for Citizen input and /or concerns. Consider and take action on agenda items 3 - 31: 3. Proclamation 11 -026 establishing October 28 2011 as Pink Out Day 4 Re- appointment of Ken Medders Jr. as Brazos County's representative on the Board of Directors for the Brazos County Appraisal District of appointment is 01/01/2012 through 12/31/2013 5. Re- appointment of the following to the Brazos County Emergency District (9 -1 -1) Board; term of appointment is 01/01/2012 through 12/31/2013: • a. County Judge Duane Peters • b. Commissioner Lloyd Wassermann 6. Order # 11 -018 regarding the regulation of food establishments including food service establishments retail food stores, mobil food units, temporary food establishments and roadside food vendors 7. Courthouse Visitor Identification Card Proposal 8. The Sheriff's Office - Jail Division is requesting the reclassification of two (2) full time Detention Officer Positions to Correctional Health Professional - Temporary. This reclassification has no fiscal impact on the FY 12 Budget. • a. Class Code 1511 Position 75 Detention Officer be reclassified as Correctional Health Professional - Temporary Class Code TBD Position 1 Group 19 Step 2 Vol. _ �5 3 BRAZOSCOUNTY • b. Class Code 1511 Position 76 Detention Officer be reclassified as Correctional Health Professional - Temporary Class Code TBD Position 2, Group 19, Step 2. 9 Permission to accept donated property in the form of a mail processing glove box from Tillman and Associates for the Sheriff's Office - Jail; estimated total value: $6,500.00. 10. Republican appointment for Presiding Judge for a period of 1 year, ending on July 31, 2012. Republicano nombramiento de magistrado Presidente Para un periodo de 1 ano, que concluira el 31 de iulio de 2012. 11. Request from the Brazos Center for Indemnification of $45.00. 12, Payment Authorization from the District Attorney's Office to Barker Productions in the amount of $175.00 for the copying of multiple DVD's; a purchase order was not obtained in advance. 13. Payment authorization from the County Attorney's Office to LaSalle Hotel in the amount of $113.85 for lodging of a witness; purchase order was closed prior to receiving invoice. These funds should be paid from FY 2011. 14. Approval of the following agreements with Humana: • a. Plan Management Agreement • b. Business Associate Agreement 15. First Renewal to Lease Agreement with the Brazos County Emergency Services District #1 for the purpose of a substation of the Brazos County Sheriff's Office in southern Brazos County, Texas. 16. Agreement with local attornays to represent juvenile offenders from indigent families. 17 Agreement with the Boys and Girls Club of Brazos Valley for FY 2012. 18, Agreement with the South Brazos County Fire Department. Inc. for FY 2012. 1 Renewal of contract with Delucia Mail Service with no change in terms, conditions and pricing. Contract term will start upon Commissioners' Court approval through August 15, 2012. 20. Amendment to contract with Ikon for a fax board to be added to Constable Pct 3's copier. This will add an additional cost of $11.00 /month, making the lease amount $104.00 /month. 21. Request to award of Bid # 2011 -034 Pharmaceuticals to Contract Pharmacy Services, Inc. 22. Permission to re- advertise Bid # 2011 -51 for Flexible Base. 23. Manual requisitions for the addition of sunscreens to the South Covered Arena at the Expo listed below: • a._Lisco_Sports LLC in the amount of $10,260.20 for sunscreen material and installation. • b. Champion Construction and Welding in the amount of $14,200.00 for metal fabrication and welding of sunscreen brackets. 24. Requisitions for the purchase of miscellaneous items for the Brazos County Road and Bridge Department listed below: • a. 00036109 to Sam Pack Five Star Ford in the amount of $74,290.26 for the purchase of three (3) 2012 Ford F -250 Extended Cabs using State Contract # 072 -A1. • b. 00036110 to Hotsy /Carlson Equipment in the amount of $9,332.52 for the purchase of a pressure washer using Buy Board Contract # 339 -10. • c. 00036124 to Hogan Trucks Unlimited, Inc in the amount of $152,820.00 for the purchase of two (2) medium size dump trucks using HGAC Contract # HT11 -09. 25. Request from Verizon Communications to construct approximately 5,842 ft. of buried cable Installations in the Public Utility Easement alono Capstone Drive: orolect includes rnad hnras in rinhtc Vol. --- pg•-�- �`? - placed at a minimum depth of 48 inches. Site is located in Precinct 1. 26. Request approval for the acceptance of Special Warranty Deed from Charles D. Welch for 0.77 acres of land to be used for improvements on a portion of Merka Road located in Precinct 2. 27. Tax Refund Applications for the following: • a. Felipa or David Torres - overpaVment -$5.10 • b. Cynthia Cowan - overpaVment- $375.00 • c. KJG Contractors - overpaVment- $32.11 28. Budget Amendments. Budget Amendments FY 10/11 54.1 -54.3 Budget Amendments FY 11/12 4.1 -4.5 29, Approval of requisition # 00036115 to CDW Government. Inc in the amount of $4,030.35 for the purchase of a server for the Cognos and Finance Plus upgrade. 30. Personnel Change of Status. Personnel Action Forms 31. Payment of Claims. 32. Acknowledgement of Quarterly Investment Report ending 9/30/11. 33. Acknowledgment of the Brazos County Purchasing Department Update for the week of October 14 -20 2011. 34. Sheriff's report on inmate population. 35. Announcement of interest items and possible future agenda topics. 36. Call for Citizen input and /or concerns. 37. Adjourn. 5.3 Vol. 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. INVOCATION Any invocation that may be offered before the official start of the Court meeting shall be to and for the benefit of the Court. The views or beliefs expressed by the invocation speaker have not been previously reviewed or approved by the Court and do not necessarily represent the religious beliefs or views of the Court in part or as a whole. No member of the community is required to attend or participate in the invocation and such decision will have no impact on their right to actively participate in the business of the Court. The Commissioners Courtroom of the County Administration Building, 200 South Texas Ave., Suite 106, Bryan, TX 77803 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. 5 3 Y- Vol. - . � BRYAN,TEXAS MINUTES October 25, 2011 BRAZOS COUNTY COMMISSIONERS COURT REGULAR MEETING Signature Pape 10- 25.odf 19 File Stamped Agenda.gdf Sian in sheet.odf 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 4:00 p.m. on Tuesday, October 25, 2011 with the following members of the Court present: Duane Peters, County Judge, Presiding; Lloyd Wassermann, Commissioner of Precinct 1; Sammy Catalena, 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. Invocation and Pledge of Allegiance - Chaplain G.H. Jones and Commissioner Catalena 2. Call for Citizen input and /or concerns. There was no citizen input. Consider and take action on agenda items 3 - 31: 153 VOL __ Pg• BRAZOSCOUNTY 3. Proclamation 11 -026 establishing October 28, 2011 as Pink Out Day. Item 3.ndf The Court asked all business owners to encourage their employees and the citizens of Bryan to show their support and help raise awareness of breast cancer by wearing pink on Friday, October 28, 2011. The Proclamation was presented to Reba Ragsdale and other breast cancer survivors in attendance. Motion: Approve, Moved by Commissioner Irma Cauley, Seconded by Commissioner Lloyd Wassermann. Passed. 5 -0. Members voting Aye: Catalena , Cauley, Mallard , Peters , Wassermann . 4. Re- appointment of Ken Medders, Jr. as Brazos County's representative on the Board of Directors for the Brazos County Appraisal District; term of appointment is 01/01/2012 through 12/31/2013. Item 4.pdf Motion: Approve, Moved by Commissioner Irma Cauley, Seconded by Commissioner Sammy Catalena. Passed. 5 -0. Members voting Aye: Catalena, Cauley, Mallard , Peters , Wassermann . 5. Re- appointment of the following to the Brazos County Emergency District (9 -1 -1) Board; term of appointment is 01/01/2012 through 12/31/2013: Item 5a.pdf Item 5b.odf • a. County Judge Duane Peters • b. Commissioner Lloyd Wassermann Motion: Approve, Moved by Commissioner Sammy Catalena, Seconded by Commissioner Kenny Mallard. Passed. 5 -0. Members voting Aye: Catalena , Cauley , Mallard , Peters, Wassermann . 6. Order # 11 -018 regarding the regulation of food establishments including food service establishments, retail food stores, mobil food units, temporary food establishments, and roadside food vendors. Motion: Approve , Moved by Commissioner Irma Cauley. Died for lack of Second. 5 -0. Members voting Aye: Catalena , Cauley, Mallard , Peters , Wassermann . After some discussion, it was decided to table this item to allow the Court to meet in a Workshop Session to discuss this topic in more depth. Motion: Remove, Moved by Commissioner Kenny Mallard, Seconded by Commissioner Sammy Catalena. Passed. 5 -0. Members voting Aye: Catalena, Cauley, Mallard , Peters, Wassermann . 7. Courthouse Visitor Identification Card Proposal. Item 7.odf Commissioner Cauley asked if this would require additional personnel. The Sheriff replied that it would not. Motion: Approve , Moved by County Judge Duane Peters, Seconded by Commissioner Kenny Mallard. Passed. 5 -0. Members voting Aye: Catalena, Cauley , Mallard , Peters , Wassermann . 8. The Sheriff's Office - Jail Division is requesting the reclassification of two (2) full time Detention Officer Positions to Correctional Health Professional - Temporary. This Vol. 153 pg. reclassification has no fiscal impact on the FY 12 Budget. Item 8.)d • a. Class Code 1511 Position 75 Detention Officer be reclassified as Correctional Health Professional - Temporary Class Code TBD Position 1, Group 19, Step 2. • b. Class Code 1511 Position 76 Detention Officer be reclassified as Correctional Health Professional - Temporary Class Code TBD Position 2, Group 19, Step 2. Motion: Approve, Moved by Commissioner Sammy Catalena, Seconded by County Judge Duane Peters. Passed. 5 -0. Members voting Aye: Catalena , Cauley, Mallard , Peters, Wassermann . 9. Permission to accept donated property in the form of a mail processing glove box from Tillman and Associates for the Sheriff's Office - Jail; estimated total value: $6,500.00. Item 9.gdf Motion: Approve , Moved by Commissioner Lloyd Wassermann, Seconded by Commissioner Irma Cauley. Passed. 0 -0. 10. Republican appointment for Presiding Judge for a period of 1 year, ending on July 31, 2012. ID Item 10.edf Republicano nombramiento de magistrado Presidente Para un periodo de 1 ano, que concluira el 31 de Julio de 2012. The Court appointed the following: Bernice Lewis (R) Central Count Presiding Judge Susan Law (R) Early Voting Ballot Board Presiding Judge Motion: Approve , Moved by Commissioner Kenny Mallard, Seconded by Commissioner LLoyd Wassermann. Passed. 5 -0. Members voting Aye: Catalena, Cauley , Mallard , Peters , Wassermann . 11. Request from the Brazos Center for Indemnification of $45.00. Item 11.edf Commissioner Cauley asked Sherry Killingsworth, Director of the Brazos Center to speak on the matter. She explained the circumstances leading up to the shortfall of money. Motion: Approve, Moved by Commissioner Sammy Catalena, Seconded by Commissioner Kenny Mallard. Passed. 5 -0. Members voting Aye: Catalena, Cauley, Mallard , Peters , Wassermann . 12. Payment Authorization from the District Attorney's Office to Barker Productions in the amount of $175.00 for the copying of multiple DVD's; a purchase order was not obtained in advance. Item 12.odf No Purchase Order has been done for the new fiscal year. Motion: Approve, Moved by Commissioner Irma Cauley, Seconded by Commissioner LLoyd Wassermann. Passed. 5 -0. Members voting Aye: Catalena , Cauley, Mallard , Peters , Wassermann . 13. Payment authorization from the County Attorney's Office to LaSalle Hotel in the amount 15 3 Vol. of $113.85 for lodging of a witness; purchase order was closed prior to receiving invoice. These funds should be paid from FY 2011. Item 13.pdf Purchase Order was closed prior to receiving the invoice from the LaSalle Hotel. Motion: Approve , Moved by Commissioner Irma Cauley, Seconded by County Judge Duane Peters. Passed. 5 -0. Members voting Aye: Catalena, Cauley, Mallard , Peters , Wassermann . 14. Approval of the following agreements with Humana: Item 14a.pdf Item 14b.pdf • a. Plan Management Agreement • b. Business Associate Agreement Motion: Approve , Moved by County Judge Duane Peters, Seconded by Commissioner LLoyd Wassermann. Passed. 5 -0. Members voting Aye: Catalena, Cauley, Mallard , Peters , Wassermann . 15. First Renewal to Lease Agreement with the Brazos County Emergency Services District #1 for the purpose of a substation of the Brazos County Sheriff's Office in southern Brazos County, Texas. Item 15.pdf Cost to Brazos County is $100 per month with the lease becoming effective October 1, 2011 and terminating September 30, 2012. Motion: Approve , Moved by Commissioner LLoyd Wassermann, Seconded by Commissioner Sammy Catalena. Passed. 5 -0. Members voting Aye: Catalena, Cauley, Mallard , Peters , Wassermann . 16. Agreement with local attorneys to represent juvenile offenders from indigent families. u7 Item 16.pdf The Court contracted with Patrick Gendron and Lane Thibodeaux for legal representation of eligible indigent juveniles. Cost to the County is $171,000 annually and is effective October 1, 2011 through September 30, 2011. A copy is attached. Motion: Approve, Moved by Commissioner Irma Cauley, Seconded by Commissioner LLoyd Wassermann. Passed. 5 -0. Members voting Aye: Catalena , Cauley, Mallard , Peters , Wassermann . 17. Agreement with the Boys and Girls Club of Brazos Valley for FY 2012. LED Item 17.pdf The County will fund $45,000 annually and in exchange the Boys & Girls Clubs of Brazos Valley will provide opportunities for youth to grow as productive citizens. A copy is attached. Motion: Approve, Moved by Commissioner Irma Cauley, Seconded by Commissioner Kenny Mallard. Passed. 5 -0. Members voting Aye: Catalena, Cauley, Mallard , Peters , Wassermann. 18. Agreement with the South Brazos County Fire Department, Inc. for FY 2012. Item 18.pdf The County will fund $29,000 annually beginning October 1, 2011 and terminating September 30, 2012 in exchange the South Brazos County Fire Department, Inc. will Vol. 1 `-� fig. provided fire protection to an area of the county that is located outside the municipalities in the county. A copy of the agreement is attached. Motion: Approve , Moved by Commissioner Lloyd Wassermann, Seconded by Commissioner Sammy Catalena. Passed. 5 -0. Members voting Aye: Catalena, Cauley, Mallard , Peters , Wassermann . 19. Renewal of contract with Delucia Mail Service with no change in terms, conditions and pricing. Contract term will start upon Commissioners' Court approval through August 15, 2012. Ul Item 19.odf All terms and conditions previously agreed to and accepted to remain in effect. Motion: Approve, Moved by Commissioner Sammy Catalena, Seconded by Commissioner Lloyd Wassermann. Passed. 5 -0. Members voting Aye: Catalena, Cauley , Mallard , Peters , Wassermann . 20. Amendment to contract with Ikon for a fax board to be added to Constable Pct 3's copier. This will add an additional cost of $11.00 /month, making the lease amount $104.00 /month. Item 20.pdf Motion: Approve, Moved by Commissioner Kenny Mallard, Seconded by Commissioner Irma Cauley. Passed. 5 -0. Members voting Aye: Catalena, Cauley , Mallard , Peters , Wassermann. 21. Request to award of Bid # 2011 -034 Pharmaceuticals to Contract Pharmacy Services, Inc. ID Item 21.odf A copy of the bid tabulation form is attached. Motion: Approve, Moved by Commissioner Kenny Mallard, Seconded by Commissioner LLoyd Wassermann. Passed. 5 -0. Members voting Aye: Catalena, Cauley, Mallard , Peters, Wassermann . 22. Permission to re- advertise Bid # 2011 -51 for Flexible Base. Item 22.pdf Motion: Approve , Moved by Commissioner LLoyd Wassermann, Seconded by Commissioner Irma Cauley. Passed. 5 -0. Members voting Aye: Catalena, Cauley, Mallard , Peters , Wassermann . 23. Manual requisitions for the addition of sunscreens to the South Covered Arena at the Expo listed below: Item 23.ndf • a. Lisco Sports LLC in the amount of $10,260.20 for sunscreen material and installation. • b. Champion Construction and Welding in the amount of $14,200.00 for metal fabrication and welding of sunscreen brackets. Motion: Approve, Moved by Commissioner Sammy Catalena, Seconded by Commissioner LLoyd Wassermann. Passed. 5 -0. Members voting Aye: Catalena, Cauley , Mallard , Peters , Wassermann . 24. Requisitions for the purchase of miscellaneous items for the Brazos County Road and Bridge Department listed below: voi. 53 Pg, Item 24.odf a. 00036109 to Sam Pack Five Star Ford in the amount of $74,290.26 for the purchase of three (3) 2012 Ford F -250 Extended Cabs using State Contract # 072 - A1. b. 00036110 to Hotsy /Carlson Equipment in the amount of $9,332.52 for the purchase of a pressure washer using Buy Board Contract # 339 -10. c. 00036124 to Hogan Trucks Unlimited, Inc in the amount of $152,820.00 for the purchase of two (2) medium size dump trucks using HGAC Contract # HT11 -09. Motion: Approve , Moved by Commissioner Lloyd Wassermann, Seconded by Commissioner Sammy Catalena. Passed. 5 -0. Members voting Aye: Catalena, Cauley, Mallard , Peters , Wassermann . 25. Request from Verizon Communications to construct approximately 5,842 ft. of buried cable installations in the Public Utility Easement along Capstone Drive; project includes road bores in rights of way of I &GN Road, Headwater Lane, Suzanne Place, Apricot Glen and Alacia Court. Cable will be placed at a minimum depth of 48 inches. Site is located in Precinct 1. lb Item 25.odf Approved as submitted. Motion: Approve, Moved by Commissioner LLoyd Wassermann, Seconded by Commissioner Irma Cauley. Passed. 5 -0. Members voting Aye: Catalena , Cauley, Mallard , Peters , Wassermann . 26. Request approval for the acceptance of Special Warranty Deed from Charles D. Welch for 0.77 acres of land to be used for improvements on a portion of Merka Road located in Precinct 2. Item 26.odf Approved as submitted. Motion: Approve, Moved by Commissioner Sammy Catalena, Seconded by Commissioner LLoyd Wassermann. Passed. 5 -0. Members voting Aye: Catalena , Cauley , Mallard , Peters , Wassermann . 27. Tax Refund Applications for the following: Item 27.odf a. Felipa or David Torres - overpayment -$5.10 b. Cynthia Cowan - overpayment - $375.00 c. KJG Contractors - overpayment - $32.11 Motion: Approve, Moved by Commissioner Irma Cauley, Seconded by Commissioner LLoyd Wassermann. Passed. 5 -0. Members voting Aye: Catalena , Cauley, Mallard , Peters, Wassermann . 28. Budget Amendments. Budget Amendments FY 10/11 54.1 -54.3 Item 28 FY 11.odf 54.1 Transfer funds from Contingency - General Fund to Community Supervision - Support 54.2 Reallocate funds for Sheriff - Administration 54.3 Reallocate funds for Justice of the Peace #3 Motion: Approve, Moved by Commissioner Sammy Catalena, Seconded by County Judge Duane Peters. Passed. 5 -0. Members voting Aye: Catalena , Cauley, , Mallard , Peters , Wassermann . Budget Amendments FY 11 /12 4.1 -4.5 te=a Item 28 FY 12.gdf 4.1 Transfer funds from Juvenile Administration to General Fund Contingency 4.2 Reallocate funds for Non - Departmental 4.3 Transfer funds from General Fund Contingency to Sheriff -Jail 4.4 Transfer funds from General Fund Contingency to Information Technology 4.5 Reallocate funds for Capital Projects. Motion: Approve, Moved by Commissioner Kenny Mallard, Seconded by Commissioner Lloyd Wassermann. Passed. 5 -0. Members voting Aye: Catalena, Cauley, , Mallard , Peters, Wassermann . 29. Approval of requisition # 00036115 to CDW Government, Inc in the amount of $4,030.35 for the purchase of a server for the Cognos and Finance Plus upgrade. De Item 29,pdf Motion: Approve , Moved by Commissioner Kenny Mallard, Seconded by County Judge Duane Peters. Passed. 5 -0. Members voting Aye: Catalena, Cauley, , Mallard , Peters , Wassermann. 30. Personnel Change of Status. Personnel Action Forms tt Item 30.pdf A copy of the Personnel Change of Status Requests is attached. Motion: Approve , Moved by Commissioner Lloyd Wassermann, Seconded by Commissioner Irma Cauley. Passed. 5 -0. Members voting Aye: Catalena, Cauley, , Mallard , Peters , Wassermann . 31. Payment of Claims. Claims Sheet.pdf BILL LIST 10.25.11.pdf 7091816 through 7092067 32. Acknowledgement of Quarterly Investment Report ending 9/30/11. Item 32.pdf The Court acknowledged receipt of the Quarterly Investment Report. 33. Acknowledgment of the Brazos County Purchasing Department Update for the week of October 14 -20, 2011. Item 33.pdf The Court acknowledged receipt of the Purchasing Update. 34. Sheriff's report on inmate population. Sheriff Chris Kirk stated there were 647 inmates in jail, 63 have electronic monitors and Vol. 153 26 are pending for monitors. 35. Announcement of interest items and possible future agenda topics. Commissioner Mallard announced that he and Commissioner Cauley would be attending the Housing Conference in Corpus Christi tomorrow. Commissioner Cauley announced that Child Protective Services is hosting a workshop on Race on November 9 from 9:00 a.m - 1:00 p.m. and invited all interested parties. 36. Call for Citizen input and /or concerns. Kristy Roe, Tax Assessor /Collector said her office had sent out $93,000 of bills in the mail. There were some for the area Navasota annexed from Brazos County and so her office will be collecting for them in case the court gets a question on it. 37. Adjourn. Vol. 153 Pg.— / CAI.._ The foregoing minutes of the Commissioners Court meeting held October 25, 2011 have been examined and are approved in open Court this day of 16 eyn6w , 2011, in Bryan, Brazos County, Texas. -c/ Duane Peters County Judge Lloyd W ssermann Commissioner, Precinct 1 Sammy Catalena Commissioner, Precinct 2 Irma Cauley Commissioner, Precinct Attest: Vol I Page 13 Kenny Mallard Commissioner, Precinct 3 BRAZOS COUNTY COMMISSIONERS COURT Meeting on A4 /2Ph Aj ' 200 @ � D O M V" PAGE / of I. VOL 1 53 pg. f i NJ W&M :f., M RUN - Mg 9 I 71 �9 L W-0- A E V" PAGE / of I. VOL 1 53 pg. BRAZOS COUNTY COMMISSIONERS COURT Meeting on ' J , 20¢# @ 4 � 0() / ' � Organization D epartment I MAN l i ....: e .x VIA, -, W/ NO IWO �M PAGE 7- of?' Vol. 1 C J 3 Pg. i i the Pink Alliance is a local Brazos Valley breast cancer support group, whose mission is to assist women newly diagnosed with breast cancer and to respond to the needs of the community regarding breast cancer awareness, detection and treatment; and this non - profit organization, founded by breast cancer survivors four years ago, provides valuable services by offering educational materials and resources to recently diagnosed breast cancer patients, providing financial assistance to uninsured or under insured patients, serving as personal mentors to those affected by breast cancer; as well as recently launching a Pink Alliance Breast Cancer Support Group and era Every three minutes a woman in the United States is diagnosed with breast cancer, and one in eight women will develop invasive breast cancer over the course of her lifetime; and a m the Commissioners Court of Brazos County, Texas proclaims Friday, October 28, 2011 as: in support of the women and their families who are currently fighting breast cancer, breast cancer survivors, and the family and friends of those who have lost a loved one. We hope this proclamation will serve as an important reminder to take action against breast cancer through vigilance and early detection. To celebrate the culmination of October and breast cancer awareness month, we ask all business owners to encourage their employees and the citizens of Bryan to show their support and help raise awareness of breast cancer by wearing pink on Friday, October 28 2011. Ww wWWAR d g/ loLi Duane Peters County Judge In per Lloyd Wassermann Precinct 1 j 1'�_ Commissioner K y Mallard Precinct 11 -026 Vol. 5 3 Pg. Commissioner Sammy Catalena COURTHOUSE VISITOR IDENTIFICATION CARD PROPOSAL 1.0 Purpose: To authorize and issue identification cards for individuals who are able to meet certain qualifications, so that they may be admitted to the County Courthouse, without the need to pass through established security barriers. This authority is granted by Section 291.010 (a) of the Local Government Code, as amended May 26, 2011. 2.0 Overview: The County Courthouse receives hundreds of visitors each day during regular business hours. Many of these visitors are frequent customers who regularly conduct business at the Courthouse. Some visitors may actually pass through the security portal many times In one day. Very often, long lines form at the security control point located at the main entrance. Delays routinely occur; caused by the necessity of guiding every courthouse visitor through the metal detector after their bags and personal items are passed through an x -ray scanner. Customers become frustrated with these delays and this in turn, adds stress to an overburdened workforce. It is intended that this proposal be adopted as a viable means to alleviate delays caused by the current security processes; thereby allowing for the more efficient movement of foot traffic through the security vestibule. After Issuing identification cards to certain approved customers, long lines at the security entrance will be dramatically reduced. Those approved to have the cards, will be able to completely bypass the security portal making for a more streamlined process. To receive an identification card, the customer would have to meet certain criteria and upon agreement must be willing to undergo a limited background check. This would not preclude those individuals with identification cards from being screened when extraordinary circumstances exist. Identification cards could be revoked at any time if it is shown a customer's status has changed, or if for any other reason, it is deemed the customer no longer meets the requirements that allow less stringent security clearance for courthouse access. 3.0 Implementation: To implement these new procedures, the following is recommended: 3.1 Establish criteria for identification card qualifications 3.1.1 Write and implement a policy for the establishment of an identification card process 3.1.2 Create necessary application forms and determine how backgrounds will be conducted 3.13 Determine costs associated with implementing the program Vol. -- - 1 5 3 p g. 177 3.1.4 Develop procedures for producing the cards 3.2 Identify those Individuals who qualify for the issuance of an identification card 3.2.1 Establish a notification process for those persons eligible to participate in the program 3.2.2 Create procedures for processing those individuals who qualify and for distributing cards 3.3 Fees 3.3.1 Cost reimbursement for the program 3.3.1.1 Fees to be charged for an identification card 3.3.1.2 Forfeiture of fees if card is suspended or revoked 3.4 Changes of rules for county employees as a result of new policy 3.4.1 Requirement that all personnel prominently display a county issued identification badge upon entering the Courthouse at the security vestibule. 3.5 Courthouse Procedures 3.5.1 Establish procedures for Courthouse Security Personnel 3.5.1.1 Amend Courthouse Security policies to accommodate new procedures regarding identification card system 3.5.1.2 Clarify that all visitors and employees who do not wish to participate shall be required to go through normal security procedures 3.5.2 Make sure new procedures are distributed to all county employees 3.5.3 Adopt procedures for cancelling and recovering suspended or revoked cards 3.5.4 Adopt procedures to address lost or stolen cards 3.6 Timeline 3.6.1 Establish a timeline for implementing program APPROVED S r Duane Peters Date County Judge 53 Voi. ��• Brazos County, Texas Commissioners Court Acceptance of Donated Property Description: Mail Processing Glove Box Estimated Value: $ 6,500.00 I certify that the above mentioned item has been donated to Brazos County. This item has been received in good faith and upon approval by Commissioners Court will become a part of the General Fixed Asset Account of Brazos County. The determination to accept or reject the donation will be made at the sole discretion of Commissioners Court based upon such things as usefulness, projected operating, maintenance and insurance costs. Authori*d Signature Sheriff's Office - Jail Department [V'Accepted - [ 1 Rejected County Judae Commissioner, Pct. 1 Commissioner, t.3. FORM 312 -SC Vol. 1 G3 P J 9 PLAN MANAGEMENT AGREEMENT for Administrative Services between HUMANA INSURANCE COMPANY and BRAZOS COUNTY This Plan Management Agreement for administrative services is made and entered into by and between Humana Insurance Company, a Wisconsin corporation and Brazos County. This Agreement is effective this first day of January, 2011. In consideration of the mutual promises and covenants contained in this Agreement, together with all exhibits, the Client and Humana Insurance Company hereby agree as follows: ARTICLE I Definitions 1.1 Agreement means this Plan Management Agreement for administrative services. 1.2 Client means Brazos County. 1.3 Em 1p over means the employer of a Participant. 1.4 Participant means an employee or former employee of an Employer who is or may become eligible to receive a benefit, or whose beneficiaries may be or become eligible to receive a benefit under the provisions of the Plan. 1.5 Plan means the health care plan (or plans) maintained by the Client, or portions of that plan (or plans), with respect to which administrative services are to be provided under this Agreement by the Plan Manager. The Plan is identified in Exhibit "A" of this Agreement as to proper name and as to type. 1.6 Plan Administrator (or Administrator) means the person named in the documents describing the Plan as responsible for the operation and administration of the Plan. If no such person is identified, then the person establishing or maintaining the Plan will be deemed to be the Plan Administrator. 1.7 Plan Manager (or Humana ) means Humana Insurance Company (or "Humana Pharmacy, Inc." or "Humana Pharmacy Solutions "), acting in accordance with this Agreement. Vol. __ _.. 1 5-3 Pg. ARTICLE It Relationship Between the Parties 2.1 In performing its obligations under this Agreement, the Plan Manager operates in accordance with the provisions of the Plan as established and authorized by the Plan Administrator. In this context, the Plan Manager's normal operating procedures, practices and rules will be followed unless they are inconsistent with the Plan. 2.2 The Plan Manager does not have discretionary authority or responsibility in the administration of the Plan. The Plan Manager will not exercise discretionary authority or control respecting the disposition or management of assets of the Plan. 2.3 The Plan Administrator and not the Plan Manager is ultimately responsible for interpreting the provisions of the Plan and determining questions of eligibility for Plan participation. 2.4 Accordingly, except as may otherwise be expressly provided herein, the Plan Manager is not a trustee, sponsor, or fiduciary with respect to directing the operation of the Plan or managing any assets of the Plan. 2.5 The Plan Manager may act as an agent of the Client authorized to perform specific actions or conduct specified transactions only as provided in this Agreement. 2.6 Plan benefits shall be funded exclusively through the Plan. The Plan Manager is not responsible or accountable for providing funds to pay Plan benefits under any circumstances. 2.7 Except with respect to duties expressly assumed hereunder by the Plan Manager, the Plan Manager is not responsible for maintaining the Plan in compliance with the requirements of the Internal Revenue Code or any applicable laws and regulations governing or affecting the Plan. ARTICLE III General Duties of Client 3.1 The Client will identify and describe the Plan as to type (e.g. single employer) on Exhibit "A" of this Agreement. 3.2 The Client assures that sufficient funds will be available on a timely basis to honor all claims reimbursements under the Plan. Sufficient funds for making claims payments must be made available, in accordance with this Agreement, to enable services under this Agreement to continue without interruption. 3.3 The Client promises that all methods employed to fund the Plan shall comply with all applicable laws or regulations. 3.4 The Client agrees to furnish each Participant written notification of the source of funding for Plan benefits as required by applicable law. Vol. j 53 Pg. 0 1 3.5 The Client promises that current copies of the documents describing the Plan will be provided timely to the Plan Manager along with other appropriate materials governing the administration of the Plan. These documents and materials may include employee booklets, summary descriptions, employee communications significantly affecting the Plan, and any amendments or revisions. 3.6 The Client promises that timely written notice will be provided to the Plan Manager of the Plan's management policies and practices, interpretations of the benefit provisions of the Plan, and changes in the Plan provisions. The Plan Manager is not responsible for failure to administer the Plan properly if directed otherwise by the Client or if materials are not provided timely by the Client to the Plan Manager to implement changes. 3.7 The Client shall provide accurate information to the Plan Manager as to the number and names of persons covered by the Plan and any other information necessary to enable the Plan Manager to provide the services required by this Agreement. This information shall be kept current on at least a monthly basis. The Plan Manager is not responsible for any claims paid in error due to inaccurate eligibility information. 3.8 The Client is responsible for selecting legal and /or tax counsel to provide advice to the Client about the law and the Plan. The Client acknowledges that the Plan Manager cannot provide professional tax or legal services to the Client. 3.9 The Client is responsible for compliance with all applicable provisions of law addressing the Client's duties in respect to the Plan. This includes compliance with all legal reporting and disclosure requirements, adoption and approval of all required documents respecting the Plan and compliance with state escheat and unclaimed or abandoned property laws. Even though the Plan Manager maybe required to perform certain duties under this Agreement, such as preparing drafts of documents for approval and adoption, the Client agrees that the Plan Manager does not undertake the responsibility for legal compliance for any other person. 3.10 The Client will make full payment for services rendered under this Agreement when due. If the Plan Manager has not received payment by the due date, payment in full must be made before the end of a thirty (30) day grace period beginning the day after the due date, to ensure services under this Agreement continue without interruption. The Plan Manager reserves the right to issue written notice to the Client requesting payment of any deficiency in full within the thirty (30) day grace period. 3.11 The Client shall not direct the Plan Manager to act or refrain from acting in any way which would violate any applicable law or regulation. The Client shall not behave in any way which could implicate or involve the Plan Manager in a violation of these laws. 3.12 The Client and the Plan Manager will, on at least a quarterly basis, reconcile enrollment data to ensure service is being properly administered to participants. 3.13 In the event that the general obligations of this Article III may be construed in such a manner so as to conflict with more specific provisions ofthis Agreement regarding a particular issue, the more specific and comprehensive provisions shall be given effect. 'Vol. Pg t� ARTICLE IV General Duties of Plan Manager 4.1 The Plan Manager shall process claims and make payments in accordance with the provisions of the Plan and related interpretations of the benefit provisions of the Plan which are made or approved by the Plan Administrator on a timely basis and confirmed in writing. 4,2 The Plan Manager shall be entitled to rely and act based upon documents, letters, electronic communications, or telephone communications which are confirmed in writing and provided to it by the Client or the Plan Administrator. Reliance will continue until the time the Client or the Plan Administrator notifies the Plan Manager in writing of any change or amendment to those communications. 4.3 The Plan Manager shall not be responsible for any delay or lack of performance of services under this Agreement attributable to the Client's failure to provide any information as required under this Agreement. 4.4 The Plan Manager will perform its duties under this Agreement using the same degree of ordinary care, skill, prudence, and diligence that a reasonable provider of administrative services would use in similar circumstances. This includes making a good faith effort to correct any mistake or clerical error which may occur due to actions or inaction by the Plan Manager undertaken in good faith once the error or mistake is discovered. 4.5 With respect to its obligations under this Agreement, the Plan Manager will maintain professional liability and errors and omissions insurance in amounts sufficient to protect against losses with respect to occurrences arising out of failure to properly perform its obligations under this Agreement. Proof of coverage is available upon request. 4.6 In the event that the general obligations of this Article IV may be construed in such a manner so as to conflict with more specific provisions of this Agreement with respect to a particular issue, the more specific and comprehensive provisions shall be given effect. ARTICLE V Claims Administration 5.1 The Client hereby delegates to the Plan Manager authority to make determinations on behalf of the Client or the Plan Administrator with respect to benefit payments under the Plan and to pay such benefits, as specified in this Article V. This section shall not apply to claims that involve eligibility issues only. 5.2 The Plan Manager will accept claims for benefits under the Plan which are made in accordance with procedures established in the Plan documents and submitted for payment during the term of this Agreement. 5.3 The Plan Manager will process claims in accordance with the provisions of the Plan which are in effect and which have been communicated to the Plan Manager by the Client at the time the services are provided. Vol. Pg. �3 5.4 Claims will be processed using the Plan Manager's normal claims processing procedures, practices and rules unless they are inconsistent with the provisions of the Plan. The Plan Manager shall comply with applicable U.S. Department of Labor claims procedures regulations and guidance with respect to notice procedures and content of a notice of adverse benefit determinations. 5.5 The Plan Manager will timely approve or deny claims submitted for payment in accordance with an initial determination by the Plan Manager or an appeal of a denied claim, except as provided in Article 5.6. 5.6 However, if the Plan Administrator makes a determination to approve or deny a claim which is different than the determination made by the Plan Manager, the Plan Manager will timely issue an approval or denial of the claim, provided the Plan Administrator's decision is first communicated to the Plan Manager in writing. 5.7 Appeals of denied claims shall be processed in accordance with the applicable provisions of the Plan. The Client acknowledges that the Plan Administrator shall have the ultimate responsibility and authority to make final determinations with respect to claims and is responsible for providing Participants with a written explanation of that decision. 5.8 The Plan Administrator shall accept requests for external review of appeals. The Plan Administrator shall comply with applicable U.S. Department of Labor claims procedures regulations and guidance with respect to external review. 5.9 if adequate funds are not made available for the timely payment of claims, the Plan Manager may notify Participants and payees who may be affected if the Client or the Plan Administrator does not notify Participants and payees within fourteen (14) business days after written request by the Plan Manager to do so. ARTICLE VI Reports, Records and Audits 6.1 The Plan Manager will provide standard reports to the Client or the Plan Administrator as mutually agreed upon by the Plan Manager and the Client. Reports requested outside ofthe standard reports are considered "ad hoc reports" and may be made available for an additional cost, as shown in Exhibit C, and upon mutual agreement between the Client and the Plan Manager. 6.2 The Plan Manager will keep and maintain accounts and records pertaining to its activities under this Agreement which are required by law or by mutual agreement of the parties. 6.3 The Plan Manager will prepare and make available records required to assist the Client or the Plan Administrator regarding legal action or regulatory review and reporting, upon reasonable request by the Client. The Client agrees to reimburse the Plan Manager for its reasonable costs of these services and the preparation, duplication, and transmission of these records. Vol. 153 Pg d 4 _ 6.4 Audits are governed by the Plan Manager's policy regarding Client audit requests (available upon request). Audits may be conducted by the Client or a third party on behalf of the Client provided all security documents, non - disclosure agreements and authorizations are completed and accepted by the Plan Manager. Request for an audit must be received sixty (60) days prior to the date in which the Client is requesting to perform said audit. Audits for active Clients must be conducted within two (2) years of the last day of the Plan year to be audited. Audits for Clients that have terminated their Plan with the Plan Manager must be conducted within one (1) year of the last day of the Plan year to be audited. Any audit that requires a review of more than three hundred (300) claims or is requested for more than one (1) week on -site the Client agrees that it may be subject to additional costs, the estimate for these costs will be provided prior to scheduling the audit. The audit will not be scheduled until the Plan Manager and the Client are in mutual agreement of the estimated additional cost. A report by the Plan Manager's independent accountant on the controls over claims adjudication (known as a SAS 70 report) is provided at no cost upon request. 6.5 Claims records may be maintained in micro - photographic or electronic media format, in accordance with the Plan Manager's internal policies, rather than original hard copy. If the Client desires that original hard copy records be maintained, the Client must notify the Plan Manager in writing no later than forty-five (45) days after the effective date of this Agreement. The Plan Manager will then ship the original documents to a location specified by the Client, and the Client agrees to pay the cost for this service. ARTICLE VII Additional Administrative Services 7.1 Upon reasonable request by the Client or the Plan Administrator, the Plan Manager will provide standard language concerning Plan benefits to assist the Plan Administrator in the preparation of the Summary Plan Description ('SPD"). This service will be available at the commencement of this Agreement and on an as needed basis throughout the Plan year to assist the Client when language changes are made necessary from changes in Plan design and when language changes are made necessary due to new legislation or other governmental requirements. Notwithstanding the above, the Client understands that any language provided by the Plan Manager to the Client or the Plan Administrator shall not be construed as legal advice nor as a compliance delegation to the Plan Manager for the Client's Summary Plan Description obligations under applicable law. 7.2 In accordance with Article 7.1 of this Agreement, the Plan Manager will create a Reference Document containing general information regarding the Plan and Plan benefits, for the Client to use as a guide in preparing its SPD as well as for Participants to view on the Plan Manager's website. Upon written request from the Client, the Plan Manager will create the SPD for the Client to use in fulfilling its obligations under applicable law. The Client must sign a Claims Payment Agreement ( "CPA ") approving the contents of the SPD before the Plan Manager will release the SPD to its website. The Client acknowledges it is responsible for the legal compliance of the SPD and agrees to hold the Plan Manager harmless and indemnify it pursuant to Article 13.1 of this Agreement. Vol. 15,3 po, a- T3 The Plan Manager will provide the following miscellaneous administrative services, following its normal procedures: (a) Production of basic Participant identification cards. (b) Routine claims processing audit controls. The following data points will be provided quarterly: NDC, fill date, ingredient cost, dispense fee, day supply quantity, specialty indicator, compound indicator, specialty drug AWP and in -house specialty RX indicator. (c) Fraud investigation services. (d) Timely open refill files at no cost to the Client in the event an alternate Pharmacy Benefit Manager is selected by the Plan Manager. 7.4 The Plan Manager may retain or coordinate with service providers, experts, or professional advisors to assist the Plan Manager in providing services under this Agreement. The Client shall reimburse the Plan Manager for these services if requested by or agreed to by the Client. 7.5 The Client may choose to have the Plan Manager provide additional services to support its third party stop loss agreement. The Plan Manager will provide a standard set of reports and submit claim requests for stop loss reimbursement on behalf of the Client. However, all reimbursements should be sent from the Third Party to the Client. The Plan Manager should only receive copies of reimbursement reports for reconciliation purposes. 7.6 In the event the Client's overall employee enrollment in this Plan has decreased by 10 % or more since the beginning of each renewal policy period, due to one of the following reasons: (1) The Client makes design changes to the Plan or employee benefit programs, including changes required by applicable law or regulatory action resulting in employees being terminated from the Plan; or (2) The Client revises its corporate structure or organization resulting in employees being terminated from the Plan; or (3) Due to employee choice of participation in the Plan, results in employees being terminated from the Plan the Plan Manager will continue processing Claims, for the terminated employees, which are incurred prior to the date of such change as provided in Article V of this Agreement. Such claims will be processed as long as this Agreement is in force. The Client will be billed an additional administrative fee per employee. Claims incurred prior to the employee's termination date will be processed by the Plan Manager as long as this Agreement is in force or if a supplemental agreement is entered into. This Article 7.6 will not apply in the event the Plan Administrator provides timely written notification to the Plan Manager directing that services described in this Article are not required. 7.7 The Plan Manager will provide Pharmacy Management services as specified in Exhibit "E". 7 Vol. 3 p g . 0 le ARTICLE VIII Funds 8.1 The Client promises that sufficient funds will be available on a timely basis to honor all claims reimbursements under the Plan. Upon notice from the Plan Manager that additional funds are required, the Client promises that adequate funds will be immediately provided to fund claims approved. 8.2 The Client agrees that funds provided to honor all claims reimbursements under the Plan will be United States money, which may be transmitted by wire transfer or other medium agreed to by the Plan Manager and the Client. ARTICLE IX Costs of Administrative Services 9.1 The Plan Manager shall be entitled to a fee for services provided under this Agreement described on Exhibit "C" to this Agreement. 9.2 Payments received after the grace period (see Article 3.10) are subject to a late charge of 1% per month (or the maximum amount allowed by applicable law, if less) multiplied by the past due amount. The Client must pay the late charge along with all amounts due to the Plan Manager in order to bring the account current. 9.3 The Plan Manager may assess additional fees for administrative costs associated with Plan change requests and/or document revision requests received from the Client after the Plan effective date. The Plan Manager will provide advance notice to the Client in the event that an additional fee is required. The Plan Manager shall not be obligated to implement requested changes until mutual agreement of fee amount has been reached between the Client and the Plan Manager. 9.4 The Plan Manager may assess additional fees for administrative costs associated with federal or state legislation (if applicable) implementation. The Plan Manager will provide advance notice to the Client in the event that an additional fee is required. ARTICLE X Contract Period 10.1 The effective date of this Agreement is January 1, 2011 (the 'Effective Date "). This Agreement shall continue for an initial period of one (1) year from the Effective Date, unless terminated earlier as provided in Article Xl, below. 10.2 This Agreement shall automatically renew for successive additional one -year periods unless it is terminated as provided in Article X1. Vol. 1 _3 pg. ARTICLE XI Termination 11.1 This Agreement may be terminated by the Plan Manager at the end of any contract period upon advance written notice of at least one hundred eighty (180) days. This Agreement maybe terminated by the Client at the end of any contract period upon advance written notice. 11.2 The Plan Manager, in its discretion, may terminate this Agreement before the end of any contract ep dod upon thirty (30) days written notice, if the Client fails to cure any one or more of the following deficiencies before the end of the thirty (30) day notice period: (a) Failure to pay all or part of the fees payable under Article IX of this Agreement when due. (b) Failure to provide adequate funds to honor claims reimbursement payments on a timely basis. 113 Either party may terminate this Agreement immediately upon written notice in the event of: (a) The bankruptcy, insolvency or liquidation of the other party; or (b) The commission by the other party of any material breach of this Agreement which is not cured in connection with the performance of its duties under this Agreement. However, a material breach of this Agreement may be cured within thirty (30) days after written notice from the other party. 11.4 The Plan Manager, in its discretion, may terminate this Agreement upon written notice in the event of reheated occurrences (two (2) or more) of the conditions described in Article 11.2 or two (2) or more instances where services are interrupted in accordance with Article 3.10. 11.5 All obligations of the Plan Manager under this Agreement will end on the effective date of termination of this Agreement, even though the claim for benefits was incurred or submitted for payment prior to termination of this Agreement, unless a supplemental agreement is entered into prior to the termination date. 11.6 In the event of the termination of this Agreement, the Plan Manager will provide the Client or the Plan Administrator with reasonable access to records or information concerning the Plan in its possession, upon written request. The Plan Manager will within a reasonable time honor requests for copies of records and information provided they are reasonable and the Client agrees to pay for the services. The Plan Manager shall have the right to retain copies of such property and records as reasonably necessary or is otherwise required by law. 11.7 Upon termination of this Agreement, any monetary obligation of the Client to the Plan Manager shall become immediately due and payable. 11.8 Termination under this Article XI shall not cause either party to waive any rights it may have to exercise any remedies available to it under any other Article or Exhibit in this Agreement or under any applicable law. 163 P9-- C21 ARTICLE XII Confidentiality 12.1 The Plan Manger and the Client will abide by the terms and conditions of the Client's Business Associates Agreement. ARTICLE XIII Hold Harmless 13.1 To the extent permitted by law, the Client agrees to indemnify and hold the Plan Manager harmless against any and all loss, liability, or damage (including payment of reasonable attorney's fees) which the Plan Manager may incur by reason of failure of the Client or its employees, agents or representatives to abide by the provisions of the Plans or this Agreement or to administer the Plans or assets and funds of the Plans in a prudent and proper manner; failure of the Plans or documents describing the Plan prepared or adopted by the Plan sponsor to comply with applicable laws; fraud, embezzlement, willful misconduct, or intentional disregard on the part of the Client or its employees, agents or representatives; disputes concerning denials of benefits or benefit payments made by or at the direction of the Client or the Plan Administrator; or actions taken by the Plan Manager at the direction of the Client or the Plan Administrator. 13.2 To the extent permitted by law, the Plan Manager agrees to indemnify and hold the Client harmless against any and all loss, liability, or damage (including payment of reasonable attorney's fees) which the Client may incur by reason of the failure of the employees, agents or representatives of the Plan Manager to abide by this Agreement, or fraud, embezzlement, willful misconduct or intentional disregard on the part of the Plan Manager or its employees, agents, or representatives. The Plan Manager will not be liable on account of actions or inaction undertaken by it in good faith and performed in accordance with the provisions of this Agreement or for the cost of benefits under the Plan which are claimed or awarded to a Participant. 13.3 The obligations under this Article XIII shall continue beyond the term of this Agreement as to any act or omission which occurred during the term of this Agreement. 13.4 In the event that the general obligations of this Article XII1 may be construed in such a manner so as to conflict with more specific provisions of this Agreement with respect to a particular issue, the more specific and comprehensive provisions shall be given effect. ARTICLE XIV Taxes and Assessments 14.1 If a tax or other assessment, including a premium tax, with respect to the Plan (other than an income tax with respect to the fees earned by the Plan Manager) is imposed upon the Plan Manager, the Plan Manager will provide written notification to the Client together with a copy of the tax bill or assessment within ten (10) business days of receipt. 14.2 If the Plan Manager pays the tax or assessment, the Client shall reimburse the Plan Manager for any amounts paid plus reasonable out -of- pocket expenses immediately upon notification by the Plan Manager that the tax has been paid. 10 von.`_ I53 Pg . 1:219 ARTICLE XV Defense of Actions 15.1 The Client and the Plan Manager agree to cooperate with respect to (a) the determination, settlement and defense of any and all claims for benefits undertaken by the Plan Manager pursuant to this Agreement, and (b) the settlement of and conduct of a defense against any claim for benefits which has been denied, which may include attending hearings and trials and assisting in securing the attendance of witnesses and giving of evidence. 15.2 The payment of legal fees arising out of any transaction or activity under this Agreement shall be the responsibility of the person incurring the expense, except as provided in Article XIII. However, legal fees incurred by the Plan Manager and attributable to a request, direction, or demand by the Client, the Plan Administrator, or the Employer shall be the responsibility of the person malting the request, direction or demand. Legal fees incurred by the Plan Manager and attributable to the defense of claims determinations made in accordance with this Agreement shall be the obligation of the Client. ARTICLE XVI Miscellaneous 163 Ancillary Agreements The Client agrees to execute or cause to be executed all ancillary agreements appropriate and necessary to enable the services described in this Agreement to be performed. All executed ancillary agreements containing Plan information shall be incorporated herein. In the event that language within ancillary agreements is in conflict with the terms of this Agreement, the more specific and comprehensive provision shall be given effect. 16.2 Entire Agreement This Agreement (including the Exhibits and Plan documents as incorporated herein by reference) constitutes the entire agreement between the parties with respect to the Plan, and there are no agreements, representations or warranties regarding the subject matter of this Agreement between the parties other than those set forth or provided for in this Agreement (including the Exhibits and Plan documents as incorporated by reference). 16.3 Assignment Neither the Plan Manager nor the Client may assign or otherwise transfer its rights and obligations under this Agreement to any other person or entity without the prior written consent of the other party. However, the functions to be performed by the Plan Manager may at any time be transferred to an affiliate of the Plan Manager. Any other attempted assignment or delegation shall render this Agreement voidable at the option of the non - assigning party. 16.4 Notices All notices to the Client under this Agreement shall be personally delivered or sent by a method no less rapid than first class mail, with postage prepaid, or facsimile, to the Client at the following address: Attn: Jennifer M. Salazar Brazos County 200 S. Texas Ave., Suite 206 Bryan, TX 77803 Telephone: 979- 361 -4114 FAX: 979 - 823 -6993 Email: jsalazar @co.brazos.tx.us 11 All notices to the Plan Manager under this Agreement shall be personally delivered or sent by a method no less rapid than first class mail, with postage prepaid, or facsimile, to the Plan Manager at the following address: Attn: Tim Batson Humana Insurance Company 500 West Main Street Louisville, Kentucky 40202 Telephone: 502 - 476 -8508 FAX: 502 -580 -3639 Email: tbatson @humana.com 16.5 Severability If any provision of this Agreement is determined to be unenforceable or invalid, such determination will not affect the validity of the other provisions contained in this Agreement. Failure to enforce any provision of this Agreement does not affect the rights of the parties to enforce such provision in another circumstance. Neither does it affect the rights of the parties to enforce any other provision of this Agreement at anytime. 16.6 Applicable Law This Agreement shall be governed by and construed in accordance with the internal laws of the State of Texas, to the extent not preempted by federal law. 16.7 Amendment This Agreement may be amended by the Client and the Plan Manager at any time by a writing duly executed by an appropriate officer of the Plan Manager and the Client. 16.8 Effect of Payment of Administration Charges This Agreement shall be considered executed by the Plan Manager and the Client, upon signature of both the Plan Manager and the Client. n o IN WITNESS WHEREOF, the Client and the Plan Manager have executed this Agreement on 6�W o 20] ( . BRA- COUNTY (signature) Name: -La fS Title: HUMANA INSURANCE COMPANY (By) Khalid Nazir Vice President 12 X101. 3 pg. EXHIBIT A Identification of the Plan Rx Only Plan (Prescription Drug Coverage) (A Non - Federal Governmental Plan) Vol. 15 Pg. 3 EXHIBIT B Banking Arrangement (Not Applicable) Vol. 1 5 3 Pg. 3 EXHIBIT C Schedule of Fees C1.1 The monthly fees presented in this Exhibit "C" are valid for the period of time beginning on the January 1, 2011 and ending on December 31, 2011, except as otherwise stated. C2.1 General: Administrative Fees: Prescription Drug $0.00 Services NOT included in the Administrative Fees Listed Above: Prescription Drug Standard Exit Reports consisting of Prior Authorizations, Claims History and Deductible Accumulators. Exit reports requested upon termination of this Agreement must be in a standard Humana format and pricing will be negotiated at time of request. Open File Transfer of Mail Order Prescriptions. File transfers requested upon termination of this Agreement must be in a standard Humana format and pricing will be negotiated at time of request. All external review vendor costs related to an external claim appeal will be the responsibility of the Client. An additional $50 administration fee by the Plan Manager will also apply. Ad -hoc Reporting (fee only applies if service is requested by the Client) Step Therapy Data Feeds (only if the Client needs the Plan Manager to develop a feed that is not currently in production) RxMentor (if elected by the Client) Clinical Prior Authorization ($45 per request if service is requested by the Client) C3.1 Payment: $150 per hour $0.10 per employee per month Per proposal, price is based on frequency $0.25 per employee per month Service not selected by the Client, therefore no fee applies (a) Fees set forth in Exhibit "C2.1" are payable to the Plan Manager once per month, unless otherwise indicated. voi. _ 1 5 _ ps,_ 34 C4.1 Subsidiaa Pharmacies The Plan Manager has several licensed pharmacy subsidiaries, including our specialty pharmacy. These entities may maintain product purchase discount arrangements and/or fee - for - service arrangements with pharmaceutical manufacturers and wholesale distributors. These subsidiary pharmacies contract for these arrangements on their own account in support of their various pharmacy operations. Many of these subsidiary arrangements relate to services provided outside of PBM arrangements, and are entered into irrespective of whether the particular drug is on one of the Plan Manager's national formularies. Discounts and fee- for - service payments received by the Plan Manager's subsidiary pharmacies are not part of the PBM formulary or market share rebates paid to the Plan Manager in connection with the Plan Manager's PBM formulary rebate programs. In addition, these subsidiary pharmacy arrangements are negotiated separately from the Plan Manager's PBM formulary rebate contracts. As such, they are not eligible for payment to the Plan Manager's clients and are used as part of the operation of these subsidiary pharmacies. Vol. 153 Pg. 35 EXHIBIT D Persons Authorized to Receive Private Health Information Name: Jennifer M. Salazar Title: Department Head Company: Brazos County Address: 200 S. Texas Ave., Suite 206 Bryan, TX 77803 Telephone: (979) 361 -4114 Fax: (979) 823 -6993 Email: jsalazar @co.brazos.tx.us Name: Brenda Cos Title: Broker Company: Plumhoff & Associates, Inc. Address: 1220 Augusta Drive, Suite 300 Houston, TX 77057 Telephone: 1- 800 - 444 -6005 Fax: (713) 789 -4977 Email: brenda @plumhof €cam P 11• EXHIBIT E Pharmacy Management EMERGENCY AND CRISIS RESPONSE El.l The Plan Manager will allow immediate refills of medications to any Participant located in an "emergency area," defined as the area in which the President has declared a major disaster or the Secretary of the Department of Health and Human Services (DHHS) has declared a public health emergency. For those Participants residing in the emergency area, the Plan Manager will remove all "refill too soon" edits for the period ofthe emergency declaration. Additionally, because the following conditions might exist during an emergency: a limited number of operational pharmacies, limitations on transportation and travel, and the disruption of U.S. mail, the Plan Manager may allow an affected Participant to obtain the maximum extended day supply, if requested and available at the time of refill. E1.2 The manner in which policy and reaction to a crisis is administered is within the sole discretion of the Plan Manager. vol. 1 3 p 37 EXHIBIT F MEMORANDUM OF UNDERSTANDING This Memorandum of Understanding is by and between the County of Brazos, Texas ( "County ") and Humana Pharmacy Solutions ( "Humana ") and serves as mutual confirmation of the award of Humana's bid application, a copy of which is attached as Exhibit "A ". This Memorandum of Understanding, effective this I" day of January, 2011, is intended to set forth the basic understandings of the parties and shall be supplemented by a written agreement, to be signed between the parties no later than February 28, 2011, which more specifically details the terms and conditions between the County and Humana concerning pharmacy benefits management. Pursuantto the terms of the County's RFP, a copy of which is attached hereto as Exhibit `B ", Humana shall commence responsibilities as the County's Pharmacy Benefits Manager on January 1, 2011. Prior to commencing duties as the County's Pharmacy Benefits Manager, Humana represents and warrants that it has all appropriate and necessary permits, licenses and/or authorizations to perform the duties of a Pharmacy Benefits Manager and that it is in good standing with the Secretary of State of the State of Texas. Humana further understands and agrees to carry adequate insurance, as mutually determined between the parties, to cover all potential risks associated with its responsibilities as Pharmacy Benefits Manager and that it shall defend, indemnify and hold the County, its officers, directors, employees and agents harmless from any and all causes of action, claims, demands or proceedings brought against all or any of them as a result of any negligent actions or inactions or willful misconduct for which Humana is responsible arising out of or related to this Agreement. In the event of a dispute or controversy arising out of or relating to the bid award or this Memorandum of Understanding, Humana and the County agree to mediate said dispute or controversy. Each party shall designate an authorized person to represent the party in the mediation and each party shall bear its own costs of mediation. The parties' relationship shall be governed, construed and interpreted in accordance with the laws of the State of Texas. In the event of a conflict between the terms of this Memorandum of Understanding and the Bid, the terms of the Bid and Humana's responses shall take precedence over this Memorandum of Understanding. This Agreement may be executed in any number of counterparts, each of which shall be deemed an original but all of which shall together constitute but one instrument, which may be sufficiently evidenced by any counterpart. Vol. — [ Pg. 39 EXHIBIT G AVERAGE SCRIPT PRICF, GUARANTEE Humana Pharmacy Solutions is pleased to offer its average script price guarantee on a dollar- for - dollar basis without a cap on the risk. The following stipulations apply: • The guarantee is offered for the calendar year 2011. Subsequent guarantees can be negotiated annually. • The pharmacy benefit plan design, Drug List, and clinical edits are identical between 2009 and end -of- calendar -year 2011. Please note that changes to any of these can impact member drug selection, which would tend to raise the utilization of lower -cost alternatives. This stipulation serves to protect the integrity of Humana Pharmacy Solutions' guarantee as changes could result in a lower, more aggressive, guarantee. • Significant changes in enrollment or the demographics of the group will allow Humana Pharmacy Solutions to re- estimate its guarantee. • Outside industry forces that impact rebates, drug pricing, or drug availability will allow Humana Pharmacy Solutions to re- estimate its guarantee. • As Humana Pharmacy Solutions' guarantee assumes drug patent losses and shifts to generics, Humana Pharmacy Solutions' assumption is that all patent losses during the guarantee time period occur as scheduled. Patent losses that do not occur according to schedule will allow Humana Pharmacy Solutions to adjust its guarantee. Humana Pharmacy Solutions will provide detailed back up supporting any adjustment. • Brazos County elects to utilize Humana Pharmacy Solutions' Maximize Your Benefits Rx program that informs members when a generic alternative is available. There is no penalty to the member if they do not switch; it is purely an educational piece. • Humana Pharmacy Solutions will retain all earned rebates. This guarantee supersedes any previously released average script price guarantees and will not be honored in conjunction with a generic dispensing rate guarantee. Please note that Humana Pharmacy Solutions' guarantee is on the "allowed" amount (pre member copayment and cost share). Therefore, it will not compare accurately to other guarantees that are based on post member copayment amounts. For purposes of this guarantee, Humana Pharmacy Solutions will sum the total calculated ingredient cost of all non- specialty prescriptions dispensed during the 2011 calendar year. This dollar amount will be divided by the total days dispensed and then divided by 30 to obtain a per -30 -day average prescription price. This will be compared to the guarantee provided below and Humana Pharmacy Solutions will be required to reimburse Brazos County according to the methodology described below. Humana Pharmacy Solutions' average script price guarantee is $66.31. Humana Pharmacy Solutions is willing to go at ri sk on the above guarantees, dollar- for - dollar, on an uncapped basis. Surpluses and deficits will cross apply from year to year. Specifically: 1. If there is a surplus in year one, then that surplus will carry over into subsequent years where it can be used to offset a subsequent deficit. 2. If there is a deficit in year one, thee[ 50 percent of that deficit is paid after the reconciliation of year one; the other 50 percent is moved into year two to be applied against a potential surplus. Vol. __ 1 5 . 3 Pg . 31° 3. If there is a surplus in year two or three: • If there is a surplus from prior years, then it will be added to that surplus and rolled forward into subsequent years. • If there is a deficit from prior years, then that deficit will be reduced by the amount of the current -year surplus, and any remaining deficit will be paid. If there is a deficit in year two or three: • If there is a surplus from prior years, then that surplus will be deducted from the current -year deficit. - If there is a remaining deficit, then 50 percent will be paid and the remaining 50 percent will be rolled forward into subsequent years. - If there is a remaining surplus, then that remaining surplus will be rolled forward into subsequent years. • Ifthere is a deficit from prior years, then the previous deficit will be paid in full; 50 percent of the current -year deficit will be paid; and the remaining 50 percent will be rolled forward into subsequent years. 5. If, after any given contract year, there is an outstanding deficit and an average script price guarantee is not offered in the subsequent year where Humana Pharmacy Solutions remains the PBM on a full - replacement basis, then Humana Pharmacy Solutions will pay in full the amount of any deficit. If the contract is terminated, then any deficit from prior years will be paid in full; 50 percent of any current -year deficit will be paid; and the remaining 50 percent of any current -year deficit will be forfeit. Vol. ) 5 3 . P `� o Pg CONFIDENTIALITY and HIPAA PRIVACY BUSINESS ASSOCIATE AGREEMENT THIS AGREEMENT is entered into by and among Brazos County ( "Client "), who maintains a self - insured medical plan that is a signatory to this Agreement, the Brazos County ( "Plan "), and Humana Insurance Company ( "Business Associate "), who is a provider of administrative services with respect to the Plan under a separate agreement referred to as the "ASO Agreement ". This HIPAA Business Associate and Confidentiality Agreement (hereinafter the "Agreement) is effective the lst day of January, 2011. In consideration of the mutual promises below and the exchange of Information described herein, the parties agree as follows: 1. In connection with providing administrative services with respect to the Plan under the ASO Agreement, Business Associate receives certain information relating to individuals with respect to whom benefits may be or become payable under the provisions of the Plan ("Information "), some of which may constitute Protected Health Information (defined below). In this regard: a. Definitions The following terms shall have the meaning set forth below: (1) ARRA "ARRA" means the American Recovery and Reinvestment Act of 2009 (2) C. F. R . "C.F. R." means the Code of Federal Regulations. (3) Designnated Record Set "Designated Record Set" has the meaning assigned to such term in 45 C. F. R. 160.501. (4) DiscovTrv "Discovery" shall mean the first day on which a Security Breach is known to Business Associate (including any person, other than the individual committing the breach, that is an employee, officer, or other agent of Business Associate), or should reasonably have been known to Business Associate, to have occurred. (5) Electronic Health Record "Electronic Health Record" means an electronic record of health - related information on an individual that is created, gathered, managed and consulted by authorized health care clinicians and staff. (6) Electronic Protected Health Information "Electronic Protected Health Information" means information that comes within paragraphs 1 (i) or 1 (ii) of the definition of "Protected Health Information ", as defined in 45 C. F. R. 160.103. (7) Individual "Individual' shall have the same meaning as the term "individual" in 45 C. F. R. 164.501 and shall include a person who qualifies as personal representative in accordance with 45 C. F. R. 164.502 (g). (8) Protected Health Information "Protected Health Information" shall have the same meaning as the term "Protected Health Information ", as defined by 45 C. F. R. 160.103, limited to the information created or received by Business Associate from or on behalf of The Plan. (9) Required by Law "Required by Law" shall have the same meaning as the term "required by law" in 45 C. F. R. 164.501. 1 VOL- 1 Pg 41 - (10) Secretarv "Secretary" shall mean the Secretary of the Department of Health and Human Services (HSS) or his /her designee. (11) Security Breach "Security Breach" means the unauthorized acquisition, access, use or disclosure of Protected Health Information which compromises the security or privacy of such information, except where an unauthorized person to whom such information is disclosed would not reasonably have been able to retain such information. Security Breach does not include: (i) any unintentional acquisition, access, or use of Protected Health Information by an employee or individual acting under the authority of Business Associate if- (a) such acquisition, access or use was made in good faith and within the course and scope of the employment or other professional relationship of such employee or individual, respectively, with Business Associate; and (b) such information is not further acquired, accessed, used or disclosed by any person; or (ii) any inadvertent disclosure from an individual who is otherwise authorized to access Protected Health Information at a facility operated by Business Associate to another similarly situated individual at the same facility; and (iii) any such information received as a result of such disclosure is not further acquired, accessed, used or disclosed without authorization by any person. (12) Sec urit Breach Compliance Date "Security Breach Compliance Date" means the date that is thirty (30) days after the Secretary publishes interim final regulations to carry out the provisions of Section 13402 of Subtitle D (Privacy) of ARRA.. (13) Security Incident "Security Incident" shall have the same meaning as the term "security incident" in 45 C. F. R. 164.304. (14) Standard Transactions "Standard Transactions" means the electronic health care transactions for which HIPAA standards have been established, as set forth in 45 C. F. R., Parts 160 -162. (15) Unsecured Protected Health Information "Unsecured Protected Health information" means Protected Health Information that is not secured through the use of a technology or methodology specified by guidance issued by the Secretary from time to time. b. The Parties acknowledge that Business Associate is a service provider with respect to the Plan under the ASO Agreement. This Agreement pertains to Protected Health Information and Protected Health Information in the possession or control of Business Associate in connection with services provided under the ASO Agreement, and in that respect complements or amends any provisions respecting confidentiality of Protected Health Information expressed in the ASO Agreement. However, unless this Agreement specifically describes an administrative service and obligates Business Associate to provide it, nothing in this Agreement shall operate to modify or enlarge the scope of administrative services to be provided by Business Associate, which are otherwise described in the ASO Agreement. 15.E /�_ 2 Vol. pg. T 2. With respect to Protected Health Information, generally, the following provisions apply: a. The Parties acknowledge that in the course of performing their respective duties under the ASO Agreement, they may acquire or obtain access to or knowledge of Protected Health Information. This information is at all times the property of the Plan or the Client, depending upon its nature and source, and not the Business Associate, even if it is received by the Business Associate. Information of this nature that is received by the Business Associate will be deemed to be information received on behalf of the Plan. However, information that is produced incidentally through application of the computer systems employed by the Business Associate in the course of providing services under the ASO Agreement will not be considered property of the Plan or the Client or any Individual, if it is not specific to the Plan or not material to Plan administration. b. The Parties agree to cooperate in order to safeguard Protected Health Information to ensure that the information remains confidential and is not improperly disclosed. The Parties will make sure that individuals under their direct control, respectively, who perform functions that may bring those individuals into contact with Protected Health Information are made familiar with the confidentiality obligations set forth in this Agreement, appropriately trained in privacy policies directed at safeguarding against improper disclosure, and abide by those requirements as minim safeguards against improper disclosure. The Parties acknowledge with respect to Protected Health Information that disclosure is improper if it is not allowed by law or made for any purpose other than Plan administration or benefits delivery. Disclosure to individuals who perform Plan- related functions under the auspices of the Plan Administrator or health care provider may be proper, if the disclosure is allowed by law and made for Plan purposes. Furthermore, the Client further represents and warrants that security controls, restrictive processes, and other appropriate safeguards have been put in place between the employer of an Individual and the Plan to protect Protected Health Information from improper disclosure. C. Business Associate will afford access to Protected Health Information or other personal information received by it to the Plan or the Client, as permitted under this Agreement and by law. Business Associate will afford access to this information to other persons only as reasonably directed in writing by the Plan or the Client, with due regard for confidentiality, and Business Associate shall have no further obligation with respect to that information. Except as provided in this Agreement, Business Associate will disclose Protected Health Information to a third party only if authorized by an ancillary agreement respecting confidentiality. Business Associate is directed to afford access to Protected Health Information to the persons listed in Attachment A, under circumstances where disclosure is appropriate and necessary: d. In connection with performing its obligations under this Agreement, it may become necessary for Business Associate to disclose to the Plan or the Client, their designees or third parties under contract with either of them ( "Recipients ", for purposes of this section) trade secret and /or proprietary information of Business Associate or its affiliates (referred to in this section collectively as "Humana "). The Client and the Plan agree to safeguard and ensure the confidentiality of such trade secret and /or proprietary information, which shall include information relating to (i) the business of Humana, its affiliates, their clients and representatives, (ii) third parties under contract with Humana, (iii) service provider arrangements or contracts, (v) service provider network arrangements or contracts, and (v) documentation relating to the computer systems utilized by Humana. r � 2 ` Vol. Pg. TJ (1) Access to the trade secret and /or proprietary information described above will be permitted for Recipients only; it may be used by Recipients only in a manner necessary to accomplish the purposes described above with respect to Protected Health Information and other personal information; and it may not be disclosed to any third parties, including their employees that do not have a need to know, without authorisation by Humana (except as may be required by order of a court or regulatory agency of competent jurisdiction). Access to such records or information does not constitute a transfer of ownership, permission to appropriate, or license to use the same for any purpose not contemplated under this Agreement. (2) The Client and the Plan understand and agree that the Client (or its designee) must recognize and abide by restrictions upon disclosure of information and /or systems that are imposed by contracts between Humana and third parties (provided Humana first notifies the Client or the Plan or their designees in writing of such restrictions) or by law, regulation, or order of a court or regulatory agency. e. Upon termination of this Agreement, records containing Protected Health Information in the possession of the Plan Manager will be either delivered to the Plan Administrator or destroyed when the Plan Manager's records retention obligations have been fulfilled. If such delivery or destruction is not feasible, the protections of this Agreement will continue to apply to those records and further uses and disclosures of the Protected Health Information or other personal information shall be limited to those purposes that make the return or destruction of the information infeasible. The Client, the Plan and Business Associate agree that they will require other persons or entities that receive Protected Health Information and /or trade secret or proprietary information in connection with and as permitted by this Agreement to agree in writing to observe the protections described herein as minimum safeguards against improper disclosure of such information. 3. With respect to Protected Health Information, specifically, the following provisions apply. a. Business Associate, the Plan and the Client, intend to protect the privacy and provide for the security of Protected Health Information disclosed to Business Associate pursuant to this Agreement in compliance with HIPAA and the regulations promulgated thereunder by the U.S. Department of Health and Human Services, including, but not limited to, Tide 45, Section 164.504(c) of the Code of Federal Regulations ( "CFR "), as the same may be amended from time to time and other applicable state and federal laws, rules and regulations. b. The parties acknowledge that state and federal laws relating to electronic data security and privacy are rapidly evolving and that further amendment of this Agreement may be required to provide for procedures to ensure compliance with such developments. The parties specifically agree to take such action as is necessary to implement the standards and requirements of HIPAA, the HIPAA Regulations and other applicable laws relating to the security or confidentiality of Protected Health Information. C. Obligation of Business Assog ate (1) Permitted Uses and Disclosures. Business Associate may create, use and /or disclose Protected Health Information of Individuals pursuant to the ASO Agreement or this Agreement provided that such use and /or disclosure would not violate the Privacy and Security Rules if done by Plan or the minimum necessary policies and 4 g, Vol. `� P procedures of the Plan, for the proper management and administration of the Business Associate or to carry out the legal responsibilities of the Business Associate, provided that such disclosures are Required By Law, or Business Associate obtains reasonable assurances from the person to whom the information is disclosed that the Protected Health Information will remain confidential and used or further disclosed only as required by Law or for the purpose for which the Protected Health Information was disclosed to the person, and the person notifies the Business Associate of any instances of which the person is aware in which the confidentiality of the Protected Health Information has been breached. (2) Specific Use and Disclosure Provision (1) Except as otherwise prohibited by this Agreement, Business Associate may use Protected Health Information for the proper management and administration of the Business Associate or to carry out the legal responsibilities of the Business Associate. (2) Except as otherwise prohibited by this Agreement, Business Associate may disclose Protected Health Information for the proper management and administration of the Business Associate, provided that disclosures are Required By Law, or Business Associate obtains reasonable assurances from the person to whom the information is disclosed that it will remain confidential and used or further disclosed only as Required By Law or for the purpose for which it was disclosed to the person, and the person notifies the Business Associate of any instances of which it is aware in which the confidentiality of the information has been breached in accordance with the Security Breach and Security Incident notifications requirements of this Agreement. (3) Except as otherwise prohibited by this Agreement, Business Associate may use Protected Health Information to provide data aggregation services to The Plan as permitted by 42 C.F.R. 164.504(e)(2)(i)(B). (4) Business Associate may use Protected Health Information to report violation of law to appropriate Federal and State authorities, consistent with 164.502 0)(1). (3) Data Aggregation Services. For purposes of this Section, "Data Aggregation" means, with respect to Protected Health Information pertaining to Individuals in the possession of Business Associate by virtue of the ASO Agreement, the combining of such Protected Health Information by Business Associate with the Protected Health Information received by Business Associate in its capacity as a Business Associate of another Covered Entity, as that term is defined under HIPAA to permit data analyses that relate to the operations of the respective Covered Entities. (4) Safeguards. Business Associate shall use appropriate safeguards to prevent use or disclosure of Protected Health Information other than as specifically provided for by the ASO Agreement or this Agreement. Such safeguards shall at a minimum include: (i) a comprehensive written information privacy and security policy; and (ii) a program that includes administrative, technical and physical safeguards appropriate to the size and complexity of the Business Associate's operations and the nature and scope of his /her /its activities; and (iii) appropriate confidentiality agreements with A employees, subcontractors, independent contractors and any entity to which Business Associate has delegated or sub - delegated his /her /its rights, duties, activities and /or obligations under the ASO Agreement or this Agreement which contain terms and conditions that are the same or similar to those contained in this Agreement. vo 1. _ / 5 3 q5 (5) Reporting of Disclosures and „Mitigation Business Associate shall provide written notice within five (5) calendar days to Plan of any use or disclosure of Protected Health Information other than as specifically provided for by the ASO Agreement or this Agreement. Such notice shall be provided in the manner set out in this Agreement. 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. (6) Contractors It is understood and agreed that Business Associate shall maintain written confidentiality agreements with contractors, including without limitation subcontractors and independent contractors, as necessary to perform the services required under the ASO Agreement, in a form consistent with, the terms and conditions established in this Agreement. Business Associate shall ensure that any agents, including subcontractors, to whom it provides Individual's Protected Health Information received from, created by, or received by Business Associate on behalf of the Plan agrees to the same restrictions and conditions that apply to Business Associate with respect to such Protected Health Information. (7) Availability of Information Business Associate shall prepare, maintain and retain records relating to the use and disclosure of Protected Health Information in such form and for such time periods as required by applicable state and federal laws, rules and regulations, and in accordance with such standards. The Plan may obtain, copy and have access, upon reasonable request, to any administrative or financial record of Business Associate related to the use and disclosure of Protected Health Information, Copies of such records shall be provided to the Plan by Business Associate upon reasonable request of the Plan, which includes the scope of the request, at no additional cost to the Plan. (A) Business Associate shall make Protected Health Information available to Plan as reasonably required to fulfill Plan's obligations to amend such Protected Health Information pursuant to HIPAA and the HIPAA Regulations, including, but not limited to, 45 CFR Section 164.526 and Business Associate shall, as directed by Plan, incorporate any amendments to Protected Health Information into copies of such Protected Health Information maintained by Business Associate. (B) If so directed by the Plan, Business Associate will provide access to Protected Health Information by Individuals, provide copies of Protected Health Information to Individuals, and provide an accounting to Individuals or to the Plan, as directed by the Plan, of disclosures by Business Associate for purposes other than Plan operation or benefits delivery that are improper disclosures under HIPAA and the HIPAA Privacy Regulations, but only with respect to Protected Health Information in Business Associate's possession and under its control at the time of such disclosure. (C) However, Business Associate will not be responsible for determining the rights of Individuals to acquire access to Protected Health Information concerning them (whether or not such information is at any time in the possession of the Plan Manager). 0 (8) Amendment of Protected Health Information Business Associate shall make Protected Health Information available to the Plan as reasonably required to fulfill the Plan's obligations to amend such Protected Health Information pursuant to HIPAA and the HIPAA Regulations, including, but not limited to, 45 CFR Section 164.526, and Business Associate shall, as directed by the Plan, incorporate any amendments to Protected Health Information into copies of such Protected Health Information maintained by Business Associate. However, Business Associate will not be responsible for dete the rights of Individuals to modify Protected Health Information concerning them (whether or not such information is at any time in the possession of the Plan Manager). (9) Internal Practices Business Associate shall make its internal practices, books and records relating to the use and disclosure of Protected Health Information received from, created by, or received by Business Associate on behalf of the Plan available to the Secretary of the U.S. Department of Health and Human Seances for purposes of dete Business Associate's compliance with HIPAA and the HIPAA Regulations. (10) Notification of Breach During the term of the ASO Agreement, Business Associate agrees to report to The Plan any Security Breach of Unsecured Protected Health Information without unreasonable delay and in no case later than ten (10) calendar days after Discovery of a Security Breach. Such notice shall include the identification of each individual whose Unsecured Protected Health Information has been, or is reasonably believed by Business Associate, to have been, accessed, acquired, or disclosed In connection with such Security Breach. In addition, Business Associate shall provide any additional information reasonably requested by The Plan for purposes of investigating the Security Breach. Business Associate's notification of a Security Breach under this section shall comply in all respects with each applicable provision of Section 13400 of Subtitle D (Privacy) of ARRA and related guidance issued by the Secretary from time to time. Breach notifications must be reported to the Plan by one of the following method: Jennifer Salazar Department Head Brazos County 200 S. Texas Ave., Suite 206 Bryan, TX 77803 {11) With respect to Electronic Protected Health Information, Business Associate shall implement and comply with (and ensure that its subcontractors implement and comply with) the administrative safeguards set forth at 45 C.F.R. 164.308, the physical safeguards set forth at 45 C.F.R. 310, the technical safeguards set forth at 45 C.F.R. 164.312, and the policies and procedures set forth at 45 C.F.R. 164.316 to reasonably and appropriately protect the confidentiality, integrity, and availability of the Electronic Protected Health Information that it creates, receives, maintains, or transmits on behalf of The Plan. Business Associate acknowledges that, effective the later of the Effective Date of this Agreement or February 17, 2010, (i) the foregoing safeguard, policies and procedures requirements shall apply to Business Associate in the same manner that such requirements apply to Plan, and (ii) Business Associate shall be liable under the civil and criminal enforcement provisions set forth at 42 U.S.C. 1320d -5 and 1320d -6, as amended from time to time, for failure to comply with the safeguard, policies and procedures Vol. 153 Pg 4 -7 requirements and any guidance issued by the Secretary from time to time with respect to such requirements. (12) With respect to Electronic Protected Health Information, Business Associate shall ensure that any agent, including a subcontractor, to whom it provides Electronic Protected Health Information, agrees to implement reasonable and appropriate safeguards to protect it. (13) Business Associate shall report to Plan any Security Incident of which it becomes aware. d. Obligations of the Plan / Client (1) The Plan or the Client will use appropriate safeguards to maintain the confidentiality, privacy and security of Protected Health Information in transmitting same to Business Associate pursuant to the Arrangement and this Agreement. (2) The Plan or the Client shall notify Business Associate of any limitation(s) in Humana's notice of privacy practices that The Plan or the Client produces in accordance with 45 C.F.R. 164.520 (as well as any changes to that notice), to the extent that such limitation(s) may affect Business Associate's use or disclosure of Protected Health Information. (3) The Plan or the Client shall provide Business Associate with any changes in, or revocation of, permission by Individual to use or disclose Protected Health Information, to the extent that such changes affect Business Associate's use or disclosure of Protected Health Information. (4) The Plan or the Client shall notify Business Associate of any restriction to the use or disclosure of Protected Health Information that The Plan or the Client has agreed to in accordance with 45 C.F.R. 164522, to the extent that such restriction may affect Business Associate's use or disclosure of Protected Health Information. e. Audits. Inspection and Enforcement From time to time upon reasonable notice, or upon a reasonable determination by the Plan or the Client that Business Associate has breached this Agreement with respect to Protected Health Information, the Plan or the Client may inspect the facilities, systems, books and records of Business Associate to monitor compliance with this Agreement. Business Associate shall promptly remedy any violation of any term of this Agreement and shall certify the same to the Plan in writing. Waiver, whether expressed or implied, of any breach of any provision of this Agreement shall not be deemed to be a waiver of any other provision or a waiver of any subsequent or continuing breach of the same provision. In addition, waiver of one of the remedies available to either party in the event of a default or breach of this Agreement by the other party, shall not at any time be deemed a waiver of a party's right to elect such remedy (ies) at any subsequent time if a condition of default continues or recurs. To the extent that the Plan or the Client determines that such examination is necessary to comply with the Plan's legal obligations pursuant to HIPAA relating to certification of its security practices, the Plan or the Client or the Plan's authorized agents or contractors, may, at the expense of either of them, examine Business Associate's facilities, systems, procedures and records as may be necessary for such agents or contractors to certify to the Plan the Vol. 163 P$. extent to which Business Associate's security safeguards comply with HIPAA, the HIPAA Regulations or this Agreement. 4. Termination. a. Material Breach. Notwithstanding anything to the contrary in the ASO Agreement or this Agreement, a breach by Business Associate of any provision of this Agreement respecting Protected Health Information, as reasonably determined by the Client and the Plan, shall constitute a material breach of the ASO Agreement providing grounds for immediate termination of the ASO Agreement. b. Reasonable Steps to Cure Breach. Business Associate shall take reasonable steps to alleviate any potential, alleged or actual violations of permitted disclosures of Protected Health Information. If Business Associate's efforts are unsuccessful, Client may: (i) terminate the ASO Agreement immediately or (ii) if termination of the ASO Agreement is not feasible, report Business Associate's breach or violation to the Secretary of the Department of Health and Human Services. C. Judicial or Administrative Proceedjaps. Either party may terminate the ASO Agreement, effective immediately, if. (i) the other party is named as a defendant in a criminal proceeding for a violation of HIPAA or (ii) a finding or stipulation that the other party has violated any standard or requirement of HIPAA or other security or privacy laws is made in any administrative or civil proceeding in which the party has been joined. d. Effect of Termination. Upon termination of the ASO Agreement for any reason, Business Associate shall return or destroy all Individual Protected Health Information or Protected Health Information created or received by Business Associate with respect to the Plan that Business Associate still maintains in any form, and shall retain no copies of such Protected Health Information or, if return or destruction is not feasible, it shall continue to extend the protections of this Agreement to such information, and limit further use of such Protected Health Information to those purposes that make the return or destruction of such Protected Health Information infeasible, The Plan or the Client shall have the final detemunation on whether the Business Associate may destroy documents as opposed to returning the originals. 5. Indemnification. The Plan, the Client, and Business Associate will indemnify, hold harrnless, and defend each other from and against any and all claims, losses, liabilities, costs and other expenses incurred as a result of, or arising directly or indirectly out of or in connection with: (i) any misrepresentation, breach of warranty or non - fulfillment of any undertaking on the part of a party under this Agreement respecting Protected Health Information; and (ii) any claims, demands, awards, judgments, actions and proceedings made by any person or organization arising out of or in any way connected with the party's performance under this Agreement. 6. Disclaimer. Business Associate makes no warranty or representation that compliance by Business Associate with this Agreement, HIPAA or the HIPAA Regulations will be adequate or satisfactory for the Plan's or the Client's own purposes or that any information in the Plan's or the Client's possession or control, or transmitted or received by the Plan or the Client, is or will be secure from unauthorized use or disclosure. The Plan or the Client, respectively, is solely responsible for all decisions made by it regarding the safeguarding of Protected Health Information. 7. ,Assistance in Litigation or Administrative Proceeding Business Associate shall make itself, and any subcontractors, employees or agents assisting Business Associate in the performance of its obligations under 0 Vol. 1,$3 pg � °l the ASO Agreement, available, at no cost to either the Plan or the Client, to testify as witnesses, or otherwise, in the event of litigation or administrative proceedings being commenced against the Plan or the Client, or the Client's directors, officers or employees based upon claimed violation of I-IIPAA, the HIPAA Regulations or other laws relating to security and privacy attributable to Business Associate, except where Business Associate or its contractor, employee or agent is a named adverse parry. 8. No Third Party Beneficiaries The parties have not created and do not intend to create by this Agreement any third party rights under this Agreement, including but not limited to Individuals. There are no third party beneficiaries to this Agreement. 9. Receipt of Protected Health Information. Business Associate's receipt of Individual's Protected Health Information pursuant to the transactions contemplated by the ASO Agreement shall be deemed to occur beginning on the execution date below, and Business Associate's obligations under this Agreement shall commence with respect to such Protected Health Information upon such receipt. 10. Int =Mtation. The parties agree that any ambiguity in this Agreement shall be resolved in favor of a meaning that complies and is consistent with HIPAA and the HIPAA Regulations. In the event of any irreconcilable conflict between this Agreement and the ASO Agreement as to the subject matter referenced herein, this Agreement shall control. 11. Amendment Upon the enactment of any law or regulation affecting the use or disclosure of Protected Health Information, the safeguarding of Electronic Protected Health Information, or the publication of any decision of a court of the United States or any state relating to any such law or the publication of any interpretive policy or opinion of any governmental agency charged with the enforcement of any such law or regulation, both parties agree to negotiate in good faith any necessary amendment of this Agreement. Such amendment shall not be effective until both parties have agreed in writing to its terms. 12. Survival The respective rights and obligations of Business Associate under Sections 4(d) of this Agreement shall survive the termination of this Agreement. 10 Vol. �53 p . IN WITNESS IXTMREOF, the parties hereto have duly executed this Agreement. Business Associate HUMANA INSURANCE COMPANY wl Print Name: Khalid Nazir Tide: VP Large Group Underwriting_ Date: Plan By: Print Nam : -)� � C. rs Title: Date: D/ Address for Notice: Humana Inc. PO Box 1438 Louisville, KY 40202 -1438 Attn: Privacy Office COPY TO: Address for Notice: COPY TO: C nt -- -- Print N Title: Date: Address for Notice: o . Tzxas A .2 oc , f U� n - TX - 7 "7 g o COPY TO: 11 VOI. P . Attachment A Persons Authorized to Receive Protected Health Information on behalf of the Plan" Jennifer Salazar Department Head Brazos County 200 S. Texas Ave,, Suite 206 Bryan, TX 77803 Brenda. K. Cos Vice President Plumhoff & Associates, Inc. 1220 Augusta Drive, Suite 300 Houston, Texas 77057 Add additional Names as Necessary 12 V01. � P g . FIRST RENEWAL TO LEASE AGREEMENT MILLICAN FIRE STATION This First Renewal to Lease Agreement ( "First Renewal ") is made and executed by and between BRAZOS COUNTY EMERGENCY SERVICES DISTRICT #1, P.O. Box 244, Wellborn, Texas 77881, as "Lessor", and BRAZOS COUNTY, TEXAS, 200 S. Texas Ave., Suite 332, Bryan, Texas, 77803, as "Lessee ". RECITALS WHEREAS, the Lessor and Lessee entered into the original Lease ( "Lease ") on November 5, 2010; and, WHEREAS, the Lease provides for one (1) additional renewal term of one (1) year, effective on October 1 of the year of renewal; and, WHEREAS, the Lease further provides a fixed monthly rental for the initial term of the Lease and the subsequent renewal term in the amount of $100.00, payable in monthly installments on the first day of each month for the term of the Lease, and any subsequent renewal terms and WHEREAS, the Lessor and Lessee have agreed to renew the Lease for one (1) additional year beginning October 1, 2011 and terminating on September 30, 2012; and NOW, THEREFORE, for the consideration stated herein, the Lessor and Lessee agree to the following amendments to the Lease. AGREEMENT Renewal Term. This first renewal term ( "First Renewal Term ") shall be effective October 1, 2011 and will terminate September 30, 2012. Additional subsequent renewal terms will be subject to the terms and conditions of the Lease and this First Renewal. If there are any conflicts between this First Renewal and the Lease, the terms of this First Renewal will control, This First Renewal Term shall be conditioned on the same terms set forth in the Lease, save and except those terms that are amended herein. 2. No Amendments. Except as expressly modified herein, the Lease is not amended. Signatures. This First Renewal and all other copies of this First Renewal, insofar as they relate to the rights, duties, and remedies of the parties, shall be deemed to be one agreement. This First Renewal may be executed concurrently in one or more counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument. The parties expressly agree that a copy of this First Renewal transmitted by facsimile or email that contains the signature of one of the parties, shall for all purposes be treated as an original and shall be binding against the parties hereto. 4. This Renewal shall be effective for all purposes as of the date set forth below. Vol. / 53 Pg . 93 5. Miscellaneous Provisions. a. Notices. Any notice required by or permitted under the Lease or this First Renewal must be in writing. Any notice required by this First Renewal or Lease will be deemed to be delivered (whether actually received or not) when deposited with the United States Postal Service, postage prepaid, certified mail, return receipt requested, and addressed to the intended recipient at the address shown in the Lease. Notice may also be given by regular mail, personal delivery, courier delivery, facsimile transmission, or other commercially reasonable means and will be effective when actually received. Any address for notice may be changed by written notice delivered as provided herein. Copies of each notice must be given by one of these methods to the attorney of the party to whom notice is given. b. Entire Agreement. The Lease and this First Renewal, constitute the entire agreement of the Lessor and Lessee. There are no oral representations, warranties, agreements, or promises pertaining to the Lease or First Renewal by Lessor or Lessee. c. Severability. The provisions of this First Renewal are severable. If a court of competent jurisdiction finds that any provision of this First Renewal is unenforceable, the remaining provisions will remain in effect without the unenforceable parts. Dated thi of 2 0. Attest: _. C11Ce . By: '� Lessor: BRAZOS COUNTY EMERGENCY SERVICE DISTRICT Name: lr'�a�xr Title: c� C. -•�`� Lessee: BRAZOS COUNTY, MS -,' By: Name: Title: (' Vol. 1 J p 5q AGREEMENT FOR LEGAL REPRESENTATION Or ELIGIBLE INDIGENT JUVENILES This contract, which is effective upon execution by the Brazos County Commissioners Court, is between Patrick Gendron and Lane Thibodeaux referred to as "Contractors" and Brazos County, a political subdivision of the State of Texas "County." This contract supersedes any and all earlier contracts between these parties for the specified services. WHEREAS, Texas law mandates the provision of legal representation for juvenile indigents accused of a crime; and WHEREAS, pursuant to controlling state and/or federal law, the sum provided for therein may be determined by contract between the County and responsible attorneys; and WHEREAS, Contractors are attorneys who are qualified by reason of education, professional accreditation, experience, preparation, equipment, organization, staffing and ZM facilities to provide the services contemplated by this contract on behalf of the County; and WHEREAS, the County has determined that the program contemplated herein to be performed by Contractor is within its legal authority to grant and will provide competent legal representation to indigent juvenile citizens financially unable to employ counsel; and WHEREAS, the Appointing Authority is the committee of judges comprised of the 85th District Court Judge, 361st District Court Judge, 272nd District Court Judge, Judge of County Court at Law #1, and Judge of County Court at Law #2; and WHEREAS, it is in the public interest that the County contract with Contractor to render the usual and customary legal services where required by law to be provided to juvenile individuals, NOW, THEREFORE, the parties hereto agree: Contract for Legal Representation of Eligible Indigent Juveniles Vol. 53 Pg. 5 I. TERM OF CONTRACT The Contractors will begin accepting appointments under this Contract to represent indigent juveniles on October 1 2011, and will cease to be appointed to cases after September 30, 2012, unless a new contract is entered into between the County and the Contractors before October 1 2012. The Contract may be extended as provided in Proposal Request No. 2011 -33 Section F. "Procedures for Renewal of Contract" incorporated and attached hereto. II. SCOPE OF CONTRACT Legal representation shall be provided as detailed in Proposal Request No. 2011 -33. Beginning on the start date of this contract, the Contractors will be jointly appointed counsel to criminally accused juveniles from indigent families. III. MINIMUM ATTORNEY QUALIFICATIONS AND STANDARDS OF REPRESENTATION The minimum attorney qualifications shall be as specified in Proposal Request No. 2011 -33. The Contractors shall provide zealous legal services to all clients in a professional, skilled manner consistent with all applicable laws and the Texas Disciplinary Rules of Professional Conduct. IV. DURATION OF REPRESENTATION The Contractors have the responsibility to complete all cases once representation is commenced during the term of the contract. V. SUBSTITUTION OF ATTORNEYS The Contractors shall be substituted only according to the terms as specified in Proposal Request No. 2011 -33. VI. CASELOAD LIMITATIONS The maximum number hearin that each attorney is allowed to perform under this Contract are seventy (70) hearings per week. Contract for Legal Representation of Eligible Indigent Juveniles 2 - 1 ; � Vol Pg. VII. CONFLICTS OF INTEREST The procedures for dealing with conflicts of interest as specified In Proposal Request No. 2011 -33 shall be followed. VIII. INVESTIGATORS AND EXPERTS / EXPENSES Pursuant to Proposal Request No. 2011 -33, the Contractors will be solely responsible for all routine expenses associated with the representation of indigent juveniles to which appointed. 'There shall be no additional compensation or reimbursement due on any case without the express, written approval of the Juvenile Court having jurisdiction over the case. IX. COMPENSATION AND PAYMENT PROCESSES The sum ONE HUNDRED SEVENTY ONE THOUSAND and no. /1.00 DOLLARS ($171,000.00) is to be paid to the Contractors in twelve (12) equal installments of FOURTEEN THOUSAND TWO HUNDRED FIFTY and no. /1.00 DOLLARS ($14,250.00) on the 1st of each month beginning November 1, 2011, and continuing thereafter until October 1, 2012. Payment shall be made as specified in Proposal Request No. 2010-41R according to the requirements of the Brazos County Auditor. Payment is to be made to the "Indigent Juvenile Operating Account" unless otherwise specified by the Contractors. For cases assigned but not disposed within the term of the contract the Contractors shall be compensated according to the regular schedule of fees for services provided to attorneys representing indigent juvenile clients. X. REPRESENTATION 1, The Contractors reserve the right to designate which attorney shall perform the various aspects of the representation of indigent juveniles. 2. Contractor's legal representation shall be of sufficient quality to meet all constitutional, statutory and case law requirements. 3. Contractor(s) shall complete all legal representation and support services for indigent juvenile individuals if properly appointed to represent such accused consistent with Texas law. Such services shall include but not be limited to: • all necessary court appearances. • legal research. • investigative services if necessary • services of an interpreter which are required outside of court. • preparation and necessary appearances in pretrial or during trial writ Contract for Legal Representation of Eligible Indigent Juveniles 3 Vol. 163 ft �, 7 proceedings. • preparation of briefs and other necessary legal documents. • defense- required court reporter transcripts not statutorily mandated. • assistance to indigents in filing notice of appeal and other legal documents pursuant to Contractor's representation. 4. Contractor(s) shall render all professional legal services reasonably required from the time of appointment to and including final adjudication or disposition in the Juvenile Court and, as necessary, filing notice of appeal, if any, and other legal documents pertaining thereto. 5. Contractor shall maintain all appropriate attorney case records and shall assure prompt inspection or transmission of copies of same upon order of the Court to any successor Contractor or private counsel on appeal regarding active cases or to the person represented. XI. INDEPENDENT CONTRACTOR 1. The parties agree that this contract does not create the relationship of attorney and client nor employee and employer between Contractors and the County. Contractors are independent contractors at all times. 2. Each Contractor shall at all times be, deemed independent and shall be wholly responsible for the manner in which it performs the service required by the terms of this contract. 3. Each Contractor exclusively assumes the responsibility for the acts of its subcontractors, associates and employees relative to the services provided during the term and scope of their employment. 4. Each Contractor shall not delegate nor assign any rights or obligations hereunder, either in whole or in part, without prior written consent of the appointing committee and the County. XII. INDEMNIFICATION Contractors each agree to indemnify, defend, and save harmless the County and to procure and maintain professional liability insurance. XIIl. RIGHT OF TERMINATION 1. This contract can be terminated upon thirty (30) days written notice by or to the County. 2. Notwithstanding paragraph (1.) above, failure of either Contractor to comply with the terms of this contract and any reasonable directions by, or on behalf of the County, pursuant thereto, shall constitute a material breach of the contract by Contractor, and, in addition to any other remedy authorized by law, the County shall have the right to terminate the contract immediately. Failure to exercise this right of termination shall not constitute waiver of such Contract for Legal Representation of Eligible Indigent Juveniles 4 Vol. ) 5 3 Pg. .5-9 right, which may be exercised at any subsequent time. This contract may be terminated, at the option of the County, upon the occurrence of any of the following: a. Violation of any material provisions of the contract; b. Institution of proceedings by, or against, Contractor pursuant to the bankruptcy laws of the United States_ C. Suspension of business operations, failure or receivership of Contractor(s) Assignment of the contract without prior written approval; e. The institution of disciplinary proceedings against either Contractor by the State Bar of Texas f. The commencement of criminal prosecution of either Contractor or g. Cancellation or other discontinuance of malpractice insurance liability coverage. 3. Upon expiration or termination (by cancellation or otherwise) unless specifically relieved by the Courts, each Contractor shall be required to complete representation of all clients in all cases where previously appointed by the Court. XIV. RIGHT OF AUDIT Contractors will provide to the County Auditor written information regarding hearing outcomes on respective assigned cases every thirty days prior to receiving a disbursement for services performed therein. XV. RECORDS RETENTION Each Contractor shall maintain for a minimum of five (5) years past the date of final payment under this Agreement or until the Juvenile's 21st birthday whichever occurs later, all records and supporting documents pertaining to Contractor's respective assigned cases. XVI. GOVERNING LAW AND VENUE. The validity of the Agreement and all matters pertaining thereto shall be governed and determined by the Constitution and the laws of the State of Texas. Venue for any suit filed against Brazos County shall be Brazos County. Contract for Legal Representation of Eligible Indigent Juveniles Vol. 1 b�5 P 51 XVII. NOTICE Except where oral notice is specifically allowed or required under this Agreement, any notice provided hereunder by any party to another shall be in writing and may be either (1) delivered by hand to the party or the party's designated agent; (2) deposited in the united States mail, postage paid; (3) transmitted by telecopy; (4) transmitted by electronic mail transmission, or (5) delivered by a reputable courier service. XVIII. SEVERABILITY In the event that a court finds any provision of this Agreement invalid and/or unenforceable, both parties agree the remaining provisions shall remain valid and in force. XIX. ADDITIONAL TERMS 1. Incorporation of RFP No. 2011 -33 Any other requirements of Proposal Request No. 2011 -33 that are not specifically noted in this Contract are incorporated into this Contract. 2. Available Funds Contractors expressly acknowledge that all monies paid pursuant to this Agreement shall be paid from budgeted available finds for the current fiscal year of the County. 3. Open Meetings The meetings at which this Agreement was approved by the Participants' governing boards were posted and held in accordance with the Texas Open Meetings Act, Texas Government Code Chapter 551. IN WITNESS WHEREOF, the parties hereto have affixed their signatures effective as of the date executed by County. B Z- 9S,COUNTY B �.- -___�- - _ - _.,.. Date: as i� Duane Peters, County Judge Atte -.9�- Date: Contract for Legal Representation of Eligible Indigent Juveniles b Vol. ) pg. 0 Date: Contr; cto f� Date: v , � L 1 � i l Contract for Legal Representation of Eligible Indigent Juveniles 7 FUNDING AGREEMENT BETWEEN BRAZOS CONTY AND BOYS & GIRLS CLUBS OF BRAZOS VALLEY THIS FUNDING AGREEMENT ( "Agreement ") IS ENTERED INTO BY AND BETWEEN BRAZOS COUNTY, TEXAS, acting by and through its duly elected County Commissoners hereinafter referred to as ( "County ") and BOYS & GIRLS CLUBS OF BRAZOS VALLEY, hereinafter referred to as ( "Club ") a non - profit organization dedicated to the improvement of Brazos County, and is effective October 1, 2011. RECITALS: WHEREAS, the Club conducts youth programming and activities within Brazos County; and WHEREAS the purpose of the Club shall be to provide opportunities for youth to grow as productive citizens of our communities; and NOW, THEREFORE, both parties agree to the following terms and conditions: AGREEMENT 1. FUNDING The Club will be funded by the County in the amount of $45,000.00 ( "Funds ") for the term of this Agreement. II. TERM OF AGREEMENT This Agreement shall be for a term of twelve (12) months commencing on the 15t day of October, 2011, and terminating on the 30 day of September, 2012. Ill. ACCOUNTING AND AUDIT The Club will provide, no later than March 31, 2012 and August 31, 2012, a detailed account of how the Funds were expended in comportment with this Agreement. The Club agrees to furnish any information requested by the County Auditor, including documentation of the use of Funds received from the County. In the event it is determined by Brazos County Commissioners Court that the Funds provided herein by the County to the Club have not been expended in comportment with this Agreement, this Agreement shall automatically terminate and the Club may be required to return to the County such Funds that were not properly expended. Bgvs & Girls Clubs of Brazos Finley Agreement Page 1 of 4 Vol. / 53 P i °,� The Club agrees that County, or its designated representative, shall have the right to review and to copy any records and supporting documentation pertaining to the performance of this Agreement. The Club agrees to maintain such records for possible audit for a minimum of three (3) years after the termination date of this Agreement, unless a longer period of records retention is stipulated. The Club agrees to allow the auditor(s) access to such records during normal business hours and to allow interviews of any employees who might reasonably have information related to such records. The Club agrees that County, or its designated representative, shall further have the right to review and to copy any records and supporting documentation for prior years in which County provided funds to the Club under prior Agreements. Any audit will be conducted by County personnel or an independent third party, as determined by the Brazos County Commissioners Court. If the Brazos County Commissioners Court determines that the audit will be conducted by an independent third party, all costs and expenses associated with said audit will be solely paid for by the Club. IV. RECORD RETENTION The Club shall be responsible for record keeping agrees to maintain and make available for inspection consistent with federal and state law, any and all records sole discretion, to be necessary for the Court to justify supporting the Club with funding. V. INDEMNITY on all services provided and by the County upon request the County determines, in its its continued participation in The parties agree to indemnify one another for and hold one another harmless from and against all suits, claims, demands, liabilities or actions resulting or alleged to result from the breach, violation or non - performance of the services stated herein and for any damage to any person resulting from any action or omission or negligence on the part of each party hereto. V1. INSURANCE The parties hereto agree that the Club shall be an independent contractor and not any employee or agent of the County and that each shall maintain at its own expense, adequate liability insurance to insure against damages and liabilities which may arise due to the duties and obligations funded herein. VII. COUNTY INVOLVEMENT The County and the Club state that to the best of their knowledge, no officer, agent or employee of the County who exercises any function or responsibility in connection with Bays & Girls Clubs of Brazos Valley Agreement Page 2 qf's Vol. / 5,3 p g & the carrying out of this Agreement or the services to which it relates has personal interest direct or indirect, in this Agreement. VIII. GOVERNING LAW This Agreement shall be executed in and shall be governed by the laws of the State of Texas. IX. NOTICES All notices required to be given hereunder shall be deemed to be duly given by delivering such notice or by mailing it, certified mail to the other party at the following addresses: Boys & Girls Clubs of the Brazos Valley Ron Rolett P.O. Box 524 Bryan, TX 77806 X. IMMUNITY Brazos County c/o Commissioners Court 200 So. Texas Ave. No. 310 Bryan, Texas 77803 As a result of its execution of this Agreement and performance of the functions and obligations described herein, Brazos County does not waive or relinquish any immunity or defense on behalf of itself, its commissioners, officers, employees, or authorized representatives. XI. FURTHER ASSURANCES Each party hereto agrees to perform any further acts and to execute and deliver any further documents which may be necessary to carry out the provisions of this Agreement. XII. SEVERABILITY In the event that any of the provisions or portions thereof, of this Agreement, are held to be unenforceable or invalid by any court of competent jurisdiction, the validity and enforceability of the remaining provisions or portions thereof shall not be affected thereby. Bgys & Girls Clubs of Brazos Malley Agreement Page 3 of 4 Vol. / 5 p 4 7 Y— XIII. ENTIRE AGREEMENT This Agreement contains the entire understanding between the parties hereto concerning the subject matter contained herein. There are no representations, agreements, arrangements, or understanding, oral or written, between or among the parties hereto, relating to the subject matter of the Agreement, which are not fully expressed herein. XIV. ASSIGNABILITY This Agreement is not assignable by the Club without the prior written consent of the County. k� WITNESS OUR HANDS this day of () �� bRY 2011. BOYS & GIRLS CLUBS OF BRAZOS VALLEY Ron 6oletf Authorized Representative BRAZOS COUNTY, TEXAS Duane Peters, County Judge ATTEST: K aren McQueen, Brazos County Clerk CERTIFIED AS TO AVAILABILITY OF FUNDS: Katie Conner, County Auditor Bovs & Girls Clubs of'Brazos Valley Agreemenl Page 4 of 4 Vol. 1 �' 5 PS FUNDING AGREEMENT BETWEEN BRAZOS COUNTY AND SOUTH BRAZOS COUNTY FIRE DEPARTMENT, INC. THIS AGREEMENT for the Funding of Fire Protection Service of South Brazos County ( "Agreement') is hereby effective October 1, 2011, by and between the SOUTH BRAZOS COUNTY FIRE DEPARTMENT, INC. ( "Department ") and BRAZOS COUNTY, TEXAS, ( "County "), each acting by and through its duly authorized agents; RECITALS WHEREAS, the County is authorized to contract with an incorporated volunteer fire department to provide fire protection pursuant to Local Government Code §352.001; and WHEREAS, the County believes it is more cost effective to contract with a volunteer fire department than to purchase equipment and operate a County fire department; and WHEREAS, the Department is located within the County and shall provide fire protection to an area of the County that is located outside the municipalities in the County; and WHEREAS, the Department has the personnel and equipment to provide such services and would benefit by the payment of funds by the County. NOW, THEREFORE, the parties, in consideration of the mutual covenants and conditions contained herein, agree as follows: AGREEMENT SCOPE Department shall provide fire protection services to any person who requests it within the confines of South Brazos County, Precinct 1, as described on Exhibit "A" attached hereto and made a part hereof for all purposes; provided however, if assistance is requested by other fire departments for Precinct 2, 3 and 4 it shall provide services in these areas, if possible. A more detailed map of the various Fire Districts can be obtained at the Brazos County Appraisal District at 1673 Briarcrest Drive, Suite A -101, Bryan, Texas 77802, and the parties agree to use the records maintained by that office if a question about the boundaries of the Precincts should arise. South Brazos County Fire Dept. Agreement Page I of 4 Vol._ 1 6 3 p � 6 2. All requests for services under this Agreement shall be made through the 9 -1- 1 Emergency Communications District, which dispatches fire protection units for the County. 3. Department will maintain fire fighting equipment and certified personnel in compliance with Subchapter D of Chapter 419, Texas Government Code. The County is not responsible for damage to equipment or injury to any person, or for the actions of the Department or their volunteers except as expressly provided by this Agreement. PAYMENTS 4. County shall pay Department the sum of $29,000.00 upon execution of this Agreement ( "Funds "). 5. The County shall make all payments to Department for these services from current revenues. TERM AND TERMINATION 6. This Agreement term shall be from October 1, 2011, and terminate at 12:00 a.m. (C.S.T.) on September 30, 2012. Either party shall have the right to terminate this Agreement, without cause, upon thirty (30) days written notice of such termination. Should the Agreement be terminated, the rights and obligations of the parties hereunder shall terminate, except that the rights and obligations of the parties that have accrued under this Agreement prior to the date of termination shall survive. In the event of a termination, the fee payable pursuant hereto shall be adjusted on a pro -rata basis and refunded within thirty (30) days of such termination. NOTICES 7. All notices issued between parties to this Agreement shall be in writing. All notices shall be deemed given on the date personally delivered, faxed, or deposited in the U.S. Mail to the following parties: Department: South Brazos County Fire Department, Inc. P.O. Box 501 Millican, TX 77866 Attn: Emily Staples, Fire Chief County: Brazos County Commissioners Court 200 South Texas Ave., Suite 310 Bryan, TX 77803 South Brazos County Fire Dept Agreement 5.3 Page 2 of 4 Pg. 67 DEFENSE OF CLAIMS 8. Pursuant to Local Government Code §352.004, the act of a person who, in carrying out the County's authority to provide fire protection under this Agreement, furnishes fire protection to a County resident who lives outside the municipalities in the County, including the act of a person who is a regular employee or fire fighter of a municipality, is considered to be the act of an agent of the County. 9. The County does not waive or relinquish any immunities or defense it has under law, on behalf of itself, its officers, employees, or agents as a result of its execution of this Agreement and the performance of the covenants herein. MISCELLANEOUS PROVISIONS 10. If any provision of the Agreement shall be held to be invalid, illegal, or unenforceable by a court or other tribunal of competent jurisdiction, the validity and enforceability of the remaining provisions shall not in any way be affected or impaired thereby. The parties shall use their best efforts to replace the respective provisions or provisions of this Agreement with legal terms and conditions approximating the original intent of the parties. 11. This Agreement is the entire Agreement between the Department and the County relating to the provision of fire protection services and supersedes any and all prior Agreements, arrangements, or understandings, whether written or oral. 12. This Agreement is for the benefit of the parties to the Agreement, and does not confer any rights on any third parties. 13. No amendment to this Agreement shall be effective and binding unless and until it is reduced to writing and signed by the authorized representatives of all parties. 14. This Agreement has been made under and shall be governed by the laws of the State of Texas. This Agreement and all matters related thereto shall be performed in Brazos County, Texas. 15. Failure of any party at any time, to enforce a provision of this Agreement, shall not constitute a waiver of that provision, nor in any way affect the validity of this Agreement or the right of any party thereafter to enforce each and every provision hereof. No term of this Agreement shall be deemed waived or breach excused unless the waiver shall be in writing and signed by the party(ies) claimed to have waived. Furthermore, any consent to or waiver of a breach will not constitute consent to or waiver of or excuse of any other, different or subsequent breach. ,South Brazos County Fire Dept. Agreement Page 3 of 4 Vol. Pg. 6g 16_ It is understood and agreed that this Agreement may be executed in a number of identical counterparts, each of which shall be deemed an original for all purposes. INFORMATION FURNISHED BY RECIPIENT 17. Department agrees that County, or its designated representative, shall have the right to review and to copy any records and supporting documentation pertaining to the performance of this Agreement. Department agrees to maintain such records for possible audit for a minimum of three (3) years after the termination date of this Agreement, unless a longer period of records retention is stipulated_ Department agrees to allow the auditor(s) access to such records during normal business hours and to allow interviews of any employees who might reasonably have information related to such records. Department agrees that the County, or its designated representative, shall further have the right to review and to copy any records and supporting documentation for prior years in which Brazos County provided funds to the Department under prior Agreements. Any audit will be conducted by County personnel or an independent third party, as determined by the Brazos County Commissioners Court. If the Brazos County Commissioners Court determines that the audit will be conducted by an independent third party, all costs and expenses associated with said audit will be solely paid for by the Department. Annual financial statements (audited if available) are due to County within six (6) months of completion. South Brazos County Department, Inc. Brazos County, Texas By. Emil St � ire Chi `\ - �---- ,.�.- Emily p Duane Peters, County Judge Date: — South Brazos County Fire Dept. Agreement Date: J 0 b5h/ ATTEST: r f Karen McQueen, County erCl k Page 4 of 4 V0 1. P CONTRACT RENEWAL ACCEPTANCE By signing herewith, I acknowledge and agree to renew Contract — Mail Service, in accordance with all terms and conditions previously agreed to and accepted. I understand this agreement will be in effect upon approval by Commissioner's Court through August 15, 2012. DELUCIA MAIL SERVICE Authorizedr n ure / 1�� Date BRAZOSCOUNTY (LjEl _ Duane Peters, County Judge to / Date V OL 153 p O Document Efficiency At Work" A RICOH COMPANY IKON Office Solutions, Inc. 70 Valley Stream Parkway Malvern, PA 19355 Co- Terminus Accessory Addition Amendment AMENDMENT ( "Amendment "), dated as of the __ day of 10&k belt , 20 _R, to that certain Agreement No. - ( "Agreement ") between IKON Office Solutions, Inc. ( "we" or us ") and oue ©S 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. Additional Accessory(ies To Be Added: Accessory Make /Model Serial Number Added To: Added To: Added To: Added To: Added To- Added To: Added 'ro: Original Equipment: Make/Model Serial Number 'MP S D75�3`�3 Minimum Monthly Payment Change (not including taxes): The minimum monthly payment required under the Agreement will increase by $_ �, . 01D Additional Provision: You are applying to us to amend the Agreement as described above. The above Additional Accessory(ies) will be added on a "co- terminus" basis to the above Agreement (that is, the term for the Additional Accessory(ies) will expire on the same date as the term of the Agreement for the original equipment) . CUSTOMER Authori -ed Signature Date r Title IKON Office Solutions, Inc. Authorised Signature Print Authorized Signer Name Title Date SLGACC luu9 xr „�.vi, :o..,,l�i,.,.x.n�;,.�s. a...n�mrili :'o,.� lWAll' 1 ,6- 111•...a i ......., WYN,'iC.•:.,.r, :..n h, r, .r. - ..� ._u ri -- r� :r..,.i _ .IC —1 m l,,. Pag�loil VOL-1 p 7)-- Bid Continuation Sheet Bid Request No. 2011 -34 BRAZOS COUNTY, TEXAS INVITATION TO BID 2011 -34 PHARMACEUTICALS — ANNUAL CONTRACT BRAZOS COUNTY PURCHASING DEPARTMENT 200 S. Texas Ave., Ste. 352 Bid Request No. 2011 -34 Bryan, Texas 77803 Telephone (979) 361 -4291 G. CERTIFICATION OF BID The undersigned affirms that they are duly authorized to execute this contract, that this bid has not been prepared in collusion with any other bidder, and that the contents of this bid have not been communicated y o idder prior t the official opening of this bid. SIGNED BY: TITLE: President TYPED NAME: Ann Borell COMPANY NAME: Contract Pharmacy Services, Inc. PIIONE: (800) 555 -8062 MAILING ADDRESS: 125 Titus Avenue Warrington, Pennsylvania 18976 P.O. Box or Street City TX Zip EMAIL ADDRESS: rfp @contractrx.com EMPLOYER IDENTIFICATION NUMBER: 23- 2013561 CORPORATE SEAL IF SUBMITTED BY A CORPORATION END OF BID REQUEST NO. 2011 -32 By signing below, Brazos County agrees that this bid, 2011 -32, will be awarded as dictated on the associated bid tabulation sheet, to the vendor whose naive appears above and both parties agree to the terms and conditions contained herein. By: Brazos County Commissioner's Court ` - -- _- Date -- lo I_l Attest: Brazos County Cler - 1-63 Piz. 7 A vol. /- _ Pg. -7 3 O O e at w` a H a Z C C< a Z u z u m ❑ a > a � O ,r w e W .S L, o, rn 0 O a < o J 'C W W •O P O ° H m Q Rr 0 4.i N v V < y U0 wv 0 w U w x h M J e a w h ow N 4 W CQ7 h >a u o a < w F Y Q u z z �C ? y C L CL G a Pr V m cK i 4 e '� � E e C a. 7 vol. /- _ Pg. -7 3 Contract Pharmacy Services August 1, 2011 125 Titus Avenue, Warrington, PA 18976 - 800-555.8062 • Fax 800.453.3938 • WWW.contractrx.com Brazos County Purchasing Department Brazos County Administration 200 South Texas Avenue Suite 352 Bryan, Texas 77803 RE: Bid #2011 -34 — Pharmaceuticals — Annual Contract To Whom It May Concern: Contract Pharmacy Services, Inc. (CPS) is pleased to respond your Invitation to Bid for Pharmaceuticals at the Brazos County Detention Center and Juvenile Justice Center. As you may know, CPS is an institutional pharmacy, specializing in providing pharmacy services to the correctional healthcare community, with our location in the suburbs of Philadelphia, Pennsylvania. As the incumbent vendor for the last eight years at the Brazos County detention facilities, we appreciate the continued opportunity to service the facilities and look forward to an affirmative review of our enclosed response. in a specialized niche market of correctional pharmacy, CPS sets itself apart with service and technology. We focus on the personal attention afforded each of our clients. From interaction with data entry personnel to on -call pharmacists, exceeding your expectations is paramount. Contract Pharmacy Services prides itself on always having key decision makers of the company available for client consultation. Customer service has always been, and will continue to be, the primary focus of CPS. Technology has been an important area of growth for CPS. Our proprietary Computerized Physician Order Entry system, eCorrRx is the first and only of its kind in the marketplace. This system has been implemented with great success at the facilities of Brazos County almost six years ago. While competitors' systems have been designed "in concept ", CPS is proud that our system has been a working tool at over 70 of our clients during the past seven years. All are enjoying the increased accuracy and efficiency, as well as the time savings that the system affords. Such efficiencies for the medical staff include the elimination of medication order transcription and the ability to have patient pharmacy history at a user's fingertips. While the system is completely optional, eCorrRx m , including the hardware and software licensing, is included in the contract pricing The only requirement from the County is the ability to transmit data via a high speed or network line. Further information regarding the advantages of eCorrRX has been detailed in the proposal specifications and we will be happy to address any questions on this innovative product. CPS is large enough to meet all of your needs, yet small enough to customize to the needs of the Brazos County Detention Center and Juvenile Justice Center. We have been servicing correctional facilities nationwide for 23 years, including county jails, juvenile detention centers, regional detention facilities, and state prisons. Our programs and policies comply with National Commission on Correctional Health Care (NCCHC) and American Correctional Association (ACA) standards. If there are any questions regarding the information contained herein, please do not hesitate to contact me directly at (847) 395 -2787, or via email at SSteres(a.contractrx com Thank you for the opportunity to respond to the current bid for pharmaceuticals at Brazos County Detention Center and Juvenile Justice Center. We look forward to a favorable award and to continuing our longstanding relationship with Brazos County. Sincerely, CONTRACT PHARMACY SERVICES, INC. Scott D. Steres National Sales Manager vol. 1 53 Pg. '7 Pharmaceuticals —Annual Contract EXPERIENCE Contract Pharmacy Services, Inc. (CPS) has continuously provided pharmacy services to correctional facilities since 1988. CPS currently services over 120 facilities in 27 different states across the country, many comparable in size to the detention facilities of Brazos County. CPS provides service to correctional facilities with a population as small as 100 and as large as 4500. Clients include county jails, juvenile detention centers, regional detention facilities and state prisons. As the current provider of pharmaceutical services to the Brazos County Detention Center and Juvenile Justice Center, CPS is especially familiar with the day -to -day operations at these facilities. Our programs and policies comply with National Commission on Correctional Health Care (NCCHC) and American Correctional Association (ACA) standards. CPS is a privately held corporation whose owners, Wayne & Jean Shafer, have been working in the pharmacy supply, service, and support business since 1972. Wayne Shafer began his career in pharmacy in 1972_ as a community pharmacist starting with one location and expanded to three retail operations in the Philadelphia area. When the local county detention center was soliciting bids for pharmacy services in 1988, Wayne submitted a bid and began his foray into the corrections market. After being awarded that bid, he investigated providing service to the other surrounding community jails. When he was awarded additional contracts, he opened Contract Pharmacy Services as a closed -door shop to specialize in serving the correctional healthcare market. Over the last 23 years, CPS has gained experience not just in filling prescriptions, but in developing strategies that cut costs and improve outcomes. We customize programs to fit each facility, realizing 650 bed county detention facility has different needs than a state prison of over 3,000 beds. We nave experience instituting plans that reduce paperwork and improve tracking. Our clinical pharmacists work closely with the facilities we serve to provide optimal care while reducing costs. Controlling costs requires accurate utilization reports that focus on various indicators such as percentage of residents on medications, number of medications per resident, etc. A comprehensive disease state expenditure analysis is prepared to inform the health care team which clinical areas are the most costly. This knowledge allows the facility to target the appropriate high -cost areas to effectively reduce expenditures. After discussion with the facility health care team, CPS can develop strategies designed to cut costs, such as: • formulary development and enforcement • automatic substitution • standing protocols • automatic stop orders CPS employs over 100 pharmacists, technicians and support staff, striving to provide cost - effective service to our clients. Even though some of our competitors may be larger in size and in number of employees, we believe CPS' strength lies in our staff and the personal attention afforded each of our clients. Each of our clients is assigned a CPS technician and pharmacist, who act as the point -of- contact for all questions that may arise. CPS believes this commitment to good communication gives our clients a high level of personalized customer support. Contract Pharmacy Services, Inc. Bid #2011 -34, Page 1 CONFIDENTIAL AND PROPRIETARY- DO NOT DISTRIBUTE Vol. ) 5- pg. 7 5 Pharmaceuticals —Annual Contract Whenever a client calls CPS, the call is sent directly to the point person. In the past contract periods, ie Brazos County nursing and medical staff have gotten to know their point person very quickly and nave appreciated their responsiveness to your questions. The system was designed to make communication between the correctional facilities and CPS staff very easy, and eliminate the need for nurses to explain who they are each time they call. Our clients appreciate this aspect of our service and constantly tell us how nice our staff is whenever they call. CPS also provides a point -of- contact pharmacist for each of our facilities, to respond to medication related questions that arise. The two people on the contact team (pharmacist and technician) for each facility handle most of the customer service issues for the company. However, our clients can contact our senior management team and the owners of the company at any time. In fact, as part of our training fora new startup, we provide the name and direct phone number for every member of the senior management team as well as the owners of the company in our in- service manuals. CPS employs nine registered pharmacists on staff to service your needs. A registered pharmacist is always available to the Facility's medical services staff for consultation regarding all aspects of medication use. An on -call pharmacist is available 24 hours a day, 7 days a week, 365 days a year, in the event any after hours needs or questions arise. Jljh Contract Pharmacy Services, Inc. CONFIDENTIAL AND PROPRIETARY - DO NOT DISTRIBUTE Bid #2011 -34, Page 2 Vol. / 1�5 3 pp,. - 7 6P Pharmaceuticals —Annual Contract REFERENCES Below are five (5) references of most similar size and /or scope to the pharmaceutical services detailed in the bid specifications. Additional references will be happily provided upon request. Facility Name & Location: Contact information: Cobb County Detention Center 1825 County Service Pkwy. Marietta, Georgia 30008 David Howell Health Services Administrator (678 ) 355 -7068 Montgomery County Jail #1 Criminal Justice Dr. Conroe, Texas 77301 Edsel West Health Services Administrator (936 ) 760 -5861 Morris County Correctional Facility 43 John St. Morristown, New Jersey 07960 Donna Grubel, RN Health Services Administrator (973) 631 -5234 Norfolk County Correctional Center 200 West St. Dedham, Massachusetts 02027 Tara Brown, RN Health Services Administrator 781 329 -3705 Warren County Correctional Facility 1400 State Route 9 Lake George, New York 12845 Captain Mike Gates Jail Administrator (518) 743 -3531 ID ys Contract Pharmacy Services, Inc. CONFIDENTIAL AND PROPRIETARY - DO NOT DISTRIBUTE Bid #2011 -34, Page 3 pg. _L- Pharmaceuticals — Annual Contract SPECIFICATIONS i . Delivery to the Brazos County Detention Center and Jail is provided once per day Monday through Saturday and as needed from the local backup pharmacy. Orders transmitted to the pharmacy by 4:00 PM Central Standard Time (CST) Monday - Friday will be delivered by 10:30 AM CST the next day. Cut -off time on a Saturday order, for Monday arrival, is 10:00 AM CST. Routine deliveries of pharmaceuticals are made via United Parcel Service (UPS) as our primary carrier. Contract Pharmacy Services also maintains a contract with FedEx as a backup delivery service. CPS provides emergency routine delivery, phone consultation 24 hours a day, and a pharmacist is on call with a pager 24 hours a day. In an emergency delivery situation or in situations after hours, a contracted agreement with a local pharmacy to provide emergency service is maintained. It has been the experience of CPS that such after hours situations are quite rare if proper ordering of stock medications through CPS is maintained. Delivery of emergency medications to the Brazos County Detention Center is available on weekends, holidays, or after hours through a subcontracted agreement with a local pharmacy to provide additional back -up services. CPS, in addition to regular deliveries, is able to deliver or make arrangements for reliable delivery of emergency medications 24 -hours a day, 7 -days a week. Currently, contracts are in place with two local pharmacies, CVS and Walgreens, in Bryan, Texas. CPS maintains existing contracts with backup pharmacy chains, such as CVS, Rite Aid, and Walgreens, as well as several other national and regional chains. Consideration of distance to the facility and after hours availability is considered when selecting the appropriate backup pharmacy. Whenever possible, CPS attempts to have at least two pharmacies available as a backup for each correctional facility. Delivery and discrepancy logs accompany every order shipped. In every box of medications that we ship, CPS includes a delivery log that details all medications that are included in the box. The list is printed in alphabetical order, by inmate name, to facilitate the checking in of the medications received by the nursing staff. Additional information on the log details prescription number and quantity of medication. The delivery log is used to verify the medications ordered against what has been sent. The sheet has a signature line at the bottom so that the nurse who checks in the order can verify the receipt of the medications. Discrepancy logs detail anything out of the ordinary (i.e. changed order, refill too soon, etc.) about a particular order. In addition, in the unlikely event that a medication is backordered and out of stock, this information would be noted here. Samples of the delivery and discrepancy logs appear on the following pages. Names have been changed or blackened out for patient privacy and security. Contract Pharmacy Services, Inc. Bid #2011 -34, Page 27 CONFIDENTIAL AND PROPRIETARY -DO NOT DISTRIBUTE Vol. Pharmaceuticals —Annual Contract DELIVERY LOG DELIVERY LOG I CPS CONTRACT PHARMACY SAMPLE COUNTY 125 TITUS AVENUE Sample County #123 123 Main Street WARRINGTON, PA 18975 Anywhere USA RX # PERSON NAME DRUG NAME DOCTOR NAME QTY INIT SIGNED 1 3B35174 DOE, JOHN CLONIDINE (PP60) 0.1 MG TABS SMITH, JOHN 60.00EA TB NUMBER: 249516 BOOKING: 249516 LOCATION: 02 . ENALAPRIL (PP30) 10MG TABS SMITH, JOHN 30.00EA CMP NUMBER: 255038 BOOKING: 255038 LOCATION: L5 RANITIDINE (PP60) 150MG TABS SMITH, JOHN 60.00EA CMP NUMBER: 740821 BOOKING: 740821 LOCATION: M1 GEODON 40MG CAPS SMITH, JOHN 15.00EA TB NUMBER: 800526 BOOKING: 800526 LOCATION: B2 CIPROFLOXACIN 500MGTAB SMITH, JOHN 20.DOEA CMP NUMBER: 803400 BOOKING: 803400 LOCATION: 17 PROPDXY- N(APAP 100 -650 TAB SMITH, JOHN 42.00EA CMP NUMBER: 803400 BOOKING: 803400 LOCATION: 17 NAPROXEN 550MG TAB SMITH, JOHN 30.00EA CMP NUMBER: 272795 BOOKING: 272795 LOCATION: D5 GLEEVEC 100MG TAB SMITH, JOHN 30.00EA TB NUMBER: 785197 BOOKING: 785197 LOCATION: A5 AMITRI PTYLI N E (PP30) 1 00M TA SMITH, JOHN 30.00EA CMP NUMBER: 86361 BOOKING: 86361 LOCATION: RISPERDAL "M -TAB 2MG TAB SMITH, JOHN 28.00EA CMP NUMBER: 783743 BOOKING: 783743 LOCATION: B3 HCTZ (PP30) 25MG TABS SMITH, JOHN 30.00EA CMP NUMBER: 802692 BOOKING: 802692 LOCATION: L2 ENALAPRIL (PP30) 5MG TABS SMITH, JOHN 30.00EA CMP NUMBER: 781628 BOOKING: 781628 LOCATION: L4 PAROXETINE 40MG TAB JONES, JANE 15.DOEA CMP NUMBER: 239199 BOOKING: 239199 LOCATION: L4 ! KLOR -CON 10MEQ TAB SMITH, JOHN 52.00EA TB NUMBER: 54774 BOOKING: 64774 LOCATION: 63 ENALAPRIL (PP30) 5MG TABS SMITH, JOHN 30.DOEA CMP NUMBER: 803675 BOOKING: 803675 LOCATION: B2 NAPROXEN 550MG TAB SMITH, JOHN 30.00EA CMP NUMBER: 755676 BOOKING: 755676 LOCATION: C4 CLONIDINE (PP30) 0.2MG TABS SMITH, JOHN 30.00EA CMP NUMBER: 802662 BOOKING: 802652 LOCATION: 03. TOPAMAX 25MG TAB SMITH, JOHN 60.00EA TB NUMBER: 21870 BOOKING: 21870 LOCATION: 05 4:5 Contract Pharmacy Services, Inc. Bid #2011 -34, Page 28 CONFIDENTIAL AND PROPRIETARY — DO NOT DISTRIBUTE q Vol. 1 53 Pg. _ Pharmaceuticals — Annual Contract DISCREPANCY LOG DISCREPANCY LOG SAMPLE COUNTY LOCATION: Al EXPIRED PRESCRIPTIONS, NEW PRESCRIPTIONS STARTED 741219 DOE, JOHN RX 3875792 stopped on 7119!2005 GENTAMICIN (30GM) 0.1% CRM RX 3903028 stopped on 7/19/2005 NAPROXEN 550 MG Sent new Rx 3915686 on 7;2012005 Sent new Rx 3915729 on 712012005 PROFILED ONLY FERROUS SULFATE 325MG TABS POTASSIUM CHLOR 10 MEQ TAB DISCREPANCY LOG SAMPLE COUNTY LOCATION: B2 PROFILED ONLY OL (17GM) INH OL (17GM) INH DISCREPANCY LOG SAMPLE COUNTY LOCATION: B3 PROFILED ONLY PRENATAL VITAMINS TABS REFILL TOO SOON RX 3875917, Reorder After 07/24/2005 POTASSIUM CHLOR (PP3 10MEQTAB RX 3893153, Reorder After 0712612005 RANITIDINE (PP60) 150MG TABS EXPIRED PRESCRIPTIONS, NEED NEW ORDER RX 3792934 Expired AMITRIPTYLINE 25 MG TABS 'Th Contract Pharmacy Services, Inc. Bid #2011 -34, Page 29 CONFIDENTIAL AND PROPRIETARY — DO NOT DISTRIBUTE Vol. 3 p �� Pharm aceuticals —Annual Contract 2. In most cases, emergency prescription fulfillment and pick -up occurs within two hours of notification, 24 hours a day, seven days a week. However, CPS cannot guarantee the local pharmacy will have the medication in stock. All emergency orders must be placed through the established emergency order procedures. 3. CPS will not limit an order or shipment with a minimum dollar amount. 4. At Brazos County's request, CPS will provide a report of items purchased on this contract at no charge. 5. As applicable, Materials Safety Data Sheet(s) will be provided to comply with this law. Contract Pharmacy Services, Inc. Bid #2011 -34, Page 30 CONFIDENTIAL AND PROPRIETARY - DO NOT DISTRIBUTE V01. 1 ✓ 3 P 9 Pharmaceuticals —Annual Contract PRICING contract Pharmacy Services, Inc. (CPS) is pleased to submit pricing contained herein to the Brazos County Purchasing Department in response to the Invitation to Bid for Pharmaceuticals at Brazos County Detention Center and Juvenile Justice Center. Pricing has been provided on the Quotation Form using formulas based on Average Wholesale Price, as well as Actual Acquisition Cost, as requested in the bid specifications. It is stated that the County will choose one option at the time of award based on what is considered to be best value. However, if CPS is awarded the contract and it is too early for Brazos County to make the best value determination at the time of award, both methodologies will be priced during the first three months of the contract. During that time, Brazos County will have the option of paying the lowest price of these two billings. After the initial three month period, Brazos County will select the billing option that provides the lowest price for the facilities and this formula will be used for the duration of the contract. Option 1 — Average Wholesale Price: Medications provided to the facilities of Brazos County will be billed at Average Wholesale Price minus twenty -one percent (21 %) for brand name /single source drugs and Average Wholesale Price minus eighty -six percent (86 %) for generic /multiple source drugs. Over -the counter medications are billed at Average Wholesale Price minus twenty -five percent (25 %). Option 2 — Actual Acquisition Cost: Medications would be billed at actual acquisition cost plus a per prescription dispensing fee of $2.65 for brand /single source and generic /multiple source drugs. This includes the cost of the medication, packaging, dispensing, and shipping, and all other charges incidental to the delivery of the pharmaceuticals. Contract Pharmacy Services will provide monthly suppliers' invoices at Brazos County's request. These invoices will detail CPS' acquisition cost of the pharmaceuticals purchased by the County. Both of the above pricing options include the cost of the medication, packaging, dispensing, and shipping. There are no additional dispensing fees. Contract Pharmacy Services' source for AWP is the Medi -Span Price AlertTM. This pricing is updated monthly and a copy of the pricing guide can be provided, upon request. CPS will dispense generic drugs whenever they are available, unless the physician specifically informs us to dispense a brand name drug. Only generic products manufactured by approved FDA manufacturers will be dispensed at the facilities of Brazos County, Contract Pharmacy Services, Inc. r CONFIDENTIAL AND PROPRIETARY - DO NOT DISTRIBUTE Bid #2011 -34, Page 34 Vol. 103 Pg. 9A Pharmaceuticals -- Annual Contract The Quotation Form, as well as the medication comparison pricing list, is provided in this section. Iosts of the drugs on the price list are current as of August 1, 2011. Dated: August 1, 2011 Submitted: 4o D National Sales Manager of Contract Pharmacy Services, Inc. Bid #2011 -34, Page 35 CONFIDENTIAL AND PROPRIETARY- DO NOT DISTRIBUTE Vol. 1 1�3 p g _ 93 Bid Continuation Sheet Bid Request No. 2011 -34 BRAZOS COUNTY, TEXAS R. QUOTATION Brazos County is requesting vendors provide two pricing options. The County will choose one option at the time of award based on what is considered to be the best value to the County. Pricing Option 1 Brazos County is requesting bids for percent discounts off the current AVERAGE WHOLESALE PRICE for all pharmaceuticals to include name brand, generic or over the counter. Percentage shall remain constant for entire agreement. Vendor may offer different percentages for various categories if needed. Cost shall include all shipping and handling charges. All dispensing fees shall be figured in vendor discount, as dispensing fees will not be considered in the tabulation of this bid and could disqualify the bid. Bidder acknowledges and agrees all (maillretaillsaecialty) discounts are based on Average Wholesale Price_ methodoloey utilized by Red Book (current edition) after September 26,,2009 ~ Vendor shall list discount percentage on the following: 1. NAME BRAND PHARMACEUTICALS: AWP minus twenty -one percent (AWP - 21 % 2. GENERIC PHARMACEUTICALS: AWP minus eighty -six percent (AWP - 86 %) 3. OVER -THE- COUNTER PHARMACEUTICALS: AWP minus twenty -five percent (AW - 25 %) Pricing Option 2 Brazos County is requesting bids for vendor actual cost plus /dispensing fee mark up for all pharmaceuticals to include name brand, generic or over the counter. Mark up shall remain constant for entire agreement. Vendor may offer different mark up for various categories if needed. Cost shall include all shipping and handling charges. Vendor shall list mark up on the following: 1. NAME BRAND PHARMACEUTICALS: Actual Acquisition Cost plus $2.65 dispensin fee 2. GENERIC PHARMACEUTICALS: Actual Acquisition Cost plus $2.65 dispensing fee 3. OVER -THE- COUNTER PHARMACEUTICALS: Actual Acquisition Cost plus $2.65 d ispensing tee Vol. 15 Pa. Bid Continuation Sheet Bid Request No. 2011 -34 BRAZOS COUNTY, TEXAS Comparison pricing Items listed below are to be used in the evaluation of the bid. The items listed are a sample of items that could be purchased during the term of this contract. Vendor shall list price that would be charged to the County with the discount and markup offered. Aetuai co to Cnnnfv CLONIDINE 0.1MG TAB DIVALPROEX SODIUM ER 500MG TAB THIORIDAZINE IOOMG TABS TRAZODONE lOOMG TAB CLONIDINE HCL 0.3MG TAB $0.03 $0.03 Option 2: Unit cost listed does not include dispensing $0.41 $0.20 fee of $2.65 for up to 30 $0.09 $0.16 dose supply. n ng $0.07 TRAMADOL HCL 50MG TAB $0.12 NAPROXEN 500MG TAB OMEPRAZOLE 20MG CAP METFORMIN HCL 500MG TAB ATENOLOL 50MG TAB BEhTZTROPINE 2MG TAB LISINOPRIL 20MG TAB CLONIDINE 0.2MG TAB CYCLOBENZAPRINB l OMG TAB AMOXICILLIN 500MG CAP LISINOPRIL IOMG TAB Additional Information snd $0.04 0.02 $0 1 r $n 05 $0.15 $0.06 '0.10 $0.02 $0 12 S001 $0.04 $0.05 0.14 $0.04� $O n5 $0.03 $0. $0.02 $0. $0.05_� Delivery time for regular orders (4 of days): 1 day - overnight delivery by 10:30 AM next business day Delivery time for rush orders (# of hours): 2 hours Charge for rush orders: No additional charge other than retail cost of medication (if using l ocal back -up pharmac). Annual sofrwarellicenses charge (if any): No software licensing charge. Does vendor issue credits for un -used pharmaceuticals: Yes, see bid response page 12. If yes, vendor shall attach information explaining credit program policy. Does vendor have a local facility that pharmaceuticals may be picked up from: No, contr acted back -up pharmacy is If yes, list location: _ N/A used. Brazos County may choose to store typically used pharmaceuticals on location. Does vendor have a system to track inventory for pharmaceuticals stored at the County: No If yes, vendor shall submit information explaining or a web site for viewing inventory system. 53 Pg. AWP Cost plus/ percentage dispensing discount fee markup pricing pricing Drug Name/Dosage/Form (Option 1 (Option 2 CLONIDINE 0.1MG TAB DIVALPROEX SODIUM ER 500MG TAB THIORIDAZINE IOOMG TABS TRAZODONE lOOMG TAB CLONIDINE HCL 0.3MG TAB $0.03 $0.03 Option 2: Unit cost listed does not include dispensing $0.41 $0.20 fee of $2.65 for up to 30 $0.09 $0.16 dose supply. n ng $0.07 TRAMADOL HCL 50MG TAB $0.12 NAPROXEN 500MG TAB OMEPRAZOLE 20MG CAP METFORMIN HCL 500MG TAB ATENOLOL 50MG TAB BEhTZTROPINE 2MG TAB LISINOPRIL 20MG TAB CLONIDINE 0.2MG TAB CYCLOBENZAPRINB l OMG TAB AMOXICILLIN 500MG CAP LISINOPRIL IOMG TAB Additional Information snd $0.04 0.02 $0 1 r $n 05 $0.15 $0.06 '0.10 $0.02 $0 12 S001 $0.04 $0.05 0.14 $0.04� $O n5 $0.03 $0. $0.02 $0. $0.05_� Delivery time for regular orders (4 of days): 1 day - overnight delivery by 10:30 AM next business day Delivery time for rush orders (# of hours): 2 hours Charge for rush orders: No additional charge other than retail cost of medication (if using l ocal back -up pharmac). Annual sofrwarellicenses charge (if any): No software licensing charge. Does vendor issue credits for un -used pharmaceuticals: Yes, see bid response page 12. If yes, vendor shall attach information explaining credit program policy. Does vendor have a local facility that pharmaceuticals may be picked up from: No, contr acted back -up pharmacy is If yes, list location: _ N/A used. Brazos County may choose to store typically used pharmaceuticals on location. Does vendor have a system to track inventory for pharmaceuticals stored at the County: No If yes, vendor shall submit information explaining or a web site for viewing inventory system. 53 Pg. CONTROLLED SUBSTANCE RFS157RcATION CERTIFICATE LINT-MO STATSS DEPART! FNT nF 1USllC DRUG JON ;fuSHI :�vTON C.C. 2:537 ce - =so Jenn3v -- 5E ccE btJ'23ER :fiIFES f .ra gCB1 3778 09 -31 -2011 FEE FAIR 5CHE'U!E SL•SWEXF>•G_lkln"y 65LE DATE 2.2N. RETAIL PHARMACY 07- 3 -2x45 3,3N.4,6, CONTRACT PHARMACY SERVICES 125 i FTUS AVEN LIE WARRINGTON. PA 1$97[3 -ODW 7H5 CERTIFICATE IS Na; TRAKSFEFABLF ON CHANGE OF DVAJEFiSHIP �ec!.crr. -:w ar., It ^. f" 0,E,' G?= Am: E -CjjS M ;le F',titWalt:ta Awl 01 1 1973. ZS Strw_nsj,. P- er7n ;kal rtin I t mey Gunnral may rDVD!f Or tL10erd a le 12 di.tr.,lLrr, *:::Pc-9 c, rrj>crt cr cxpoit a czntm!cd nitwan= CONTROL LOCATICN, OR L'LISINE 5 AMWITY IV 1 pg This �ettI - rhat th(2 phan named belo« is ltc��eL�.r llcell5zii K) op , as a Class E pharmacy, Licenst: No. Expiration Date 7 3 Balances U /11 /201 3 CONTRACT PHAR, SERVICES 125 TITUS AVE. WARRINGTON, PA 18976 � w a t. * r- Gay DMsOri R Ph. �XF:;.tIIFU'[' Dale- ::ii�l• ^L'1:r�2.f•t MUST BE DISPLAYED fN BULL PUBLIC VIEW Vol, � pg. 4k: Brazos Count Purchasing Department 200 S. TX AVE., SUITE 352 BRYAN, TX 77803 PHONE (979) 361 -4290 FAX (979) 361 -4293 MEMORANDUM TO: Duane Peters, County Judge Lloyd Wassermann, Commissioner Pct. 1 Sammy Catalena, Commissioner Pct. 2 Kenny Mallard, Commissioner Pct. 3 Irma Cauley, Commissioner Pct. 4 FROM: Tracy Stracener, Assistant Purchasing Agent DATE: October 19, 2011 SUBJECT: Bid 2011 -51 Flexible Base Invitation to Bid 2011 -51 Flexible Base was advertised beginning September 16, 2011 and responses were received on September 30, 2011. While reviewing the responses it was discovered that the specifications for the product were incorrect. The Road and Bridge and Purchasing Departments would like permission to cancel the current bid and re- advertise for this item with the correct specifications. APPROVAL SIGNATURE.� Duane Peters, County Judge DATE APPROVED: _ IDI Vol. 53 pg g BRAZOS COUNTY COMMISSIONERS' COURT ACTION FORM DEPARTMENT Road and Bridge NUMBER 56001000 DATE OF COURT MEETING: October 25, 2011 ITEM: Request from Verizon Communications to construct approximately 5,842 it. ol'buried cable installations in the Public Utility Easement along Capstone Drive; project includes road bores in ri ghts of way of I &GN Road, Headwater Lane, Suzanne Place. Apricot Glen and Alacia Court. Cable will be placed at a minimum depth of 48 inches. Site is located in Precinct 1. SOURCE OF FUNDS: NIA EXCEPTIONS/NOTES: REQUIREMENTS: • No work will be permitted between front slope and/or back slope. • All installation(s)'shall be constructed in designated utility easements, if applicabb. If no utility easement exists, the installation(s) shall be 1) within 35' 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. • 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. • 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. • Construction shall be in strict conformance to the latest Texas Manual of Uniform Traffic Control Devices for Streets and Hi ghway s published by the Texas Department of Transportation, and all other State and Federal laws governing utility construction. SUBMITTED BY: APPROVED BY: Ga Arnold, CFM Commis 'over Lloyd Wassermann Director of Planning Precinct 1 CC2011 -080 This Reque ti App oved PJ, or Denied ❑, by Commissioners' Court Date: Duane Peters, County Judge voi. 15 3 p 5�_ verrZqn OCT 14,2011 GARY ARNOLD Brazos County Engineering Office County Engineer 2617 W. Hwy. 21 Bryan, TX 77803 Dear Mr. ARNOLD: Engineering & Planning 301 Industrial Blvd. Bryan, TX 77803 Subject: AGRMNTS 24 BURIED CABLE & CONDUIT. Enclosed are From ED -135 and a work location sketch showing the location of our proposed buried cable line on county roads in Brazos County at College Station, Texas. This work is to be completed an Work Order 5416- 3FOAOCV which is scheduled for Dec 6,2011. If you have any questions concerning this work, please contact GARY RECEK at our office in Bryan, telephone 979 -821 -4783 within 15 days so that we may explain of modify our proposal, otherwise, it is understood that this proposal is approved. Sincerely, V BRENDA VAJDAK Supervisor — Network Engineer JS:ec Attachment Vol. 1 Pg, VERIZON COMMUNICATION To The Commissioner's Court of Brazos County ATTENTION COUNTY JUDGE: Notice of Line Installation Oct. 14, 2011 Formal notice is hereby given that GTE SOUTHWEST INC. d /b /a VERIZON SOUTHWEST will construct a communication line within the right -of -way of a County Road in Brazos County, Texas as follows: Verizon Communications will place a 1 -1/2" conduit along and within a PUE of CAPSTONE DR. beginning at the SE corner at an existing HH #815 Continuing E 11 98f where bore will be made under IGN rd. Conduit and Cable will turn N inside new bore under Capstone Dr to enter 16' PUE on N side of Capstone Dr. Conduit and cable will continue E in 16' PUE along Capstone Dr. 4644 ft to entrance to cell tower located at 3360 Capstone. Bores will be made under streets as shown. Conduit and 24 strand fiber Cable inside will be placed at minimum depth of 48 inches. 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 Aug 8, 2011.. VE IZON COMMUNICATIONS 5416- 3FOAOCV V Brenda Vajdak Supervisor - Network Engineer 301 Industrial Blvd. Vol. 163 pg.—= _ BRAZOS COUNTY, TEXAS BUDGET AMENDMENT(S) FOR THE 2010 -2011 BUDGET YEAR NO. 1.0 /11 54.1 -54.3 On this the 25th day of October 2011 at aregular meeting of the Commissioners' Court, the following members were present: A. Duane Peters, County Judge, Presiding B. Lloyd Wassermann, Commissioner, Precinct 1 C. Sammy Catalena, Commissioner, Precinct 2 D. Kenny Mallard, Commissioner, Precinct 3 E. lnna Cauley, Commissioner, Precinct 4 F. Karen McQueen, County Clerk The following proceedings were held: THAT WHEREAS, on 25th day of October 2011 the Court heard and approved a budget amendment for the 2010 -2011 budget year for Brazos County, Texas; and WHEREAS, expenditure is necessary due to the necessity to meet unusual and unforeseen conditions which could not be reasonably included in the original budget adopted 14 September 2010, the following amendment(s) to the original budget are hereby authorized, as described on the attached page(s). ADOPTED AND APPROVED this the 25th day of October 2011. THE COMMISSIONERS COURT OF BRAZOS COUNTY, TEXAS. Duane Peters, County Judge Original: County Clerk's Office and Attached to the original budget Copies: County Auditor County Treasurer County Budget Officer Commissioners' Court Minutes Vol. Ls Pg. G a BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 10111 - 54.1 1 012 512 01 1 FUNDI DIV I ACCT IPROJIDPJCR ACCOUNT NAME Increase Decrease 0100 11001500 1 61130000 1 1 CR l Conting ency - General Fund 1,556.00 0100 26001000 1 61880000 1 1 DR Utilities 1.556.00 (General Fund Contin2encv & Community Supervision - Supnort I k I of funds to cover the remainder of FY 11. PreparEd rinrn Da #e 10!1'8/2011; or, 93 Vol. 1 5 � pg. BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 10111 - 54.2 10/2512011 FUNDI DIV I ACCT jPROJjDRJCRj ACCOUNT NAME Inc Decre 01001280001001 60320000 1 1 CR Firearrns Readiness 1,500.00 0100 1 28000100 1 65350000 DR lGasoline 1,500.00 Sheriff -Administration Reallocation of funds to cover the remainder of FY 11. Prepared Sx rinm' Date 1011.8(201 T' Vol. Depai#ment,!Approval Date BRAZOS COUNTY, TEXAS REQUEST FOR BUDGET AMENDMENT REQUESTING DEPARTMENT: 28000100 -Sheriff Department Division PLEASE ADJUST THE FOLLOWING: TO ACCOUNT NUMBER 65350000 FROM ACCOUNT NUMBER 60320000 ACCOUNT DESCRIPTION Gasoline ACCOUNT DESCRIPTION Firearms Readiness Description DOLLAR AMOUNT $1,500.00 $1,500.00 $1,500.00 $1,500.00 TOTAL (A) c S TOTAL (B) $ Total (A) should equal Total (B) Explanation: To reclassify budget to proper accounts. To provide for the shortfall in funds for the gasoline account. ELECTED OFIMCIAL OR DEPARTMENT DATE HEAD SIGNATURE Vol. 153 pg. 9 S BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 10/11 - 54.3 i nrgrr7m-i FUND DIV ACCT PROJ 7DR ~y ACCOUNT NAME Increase Decrease 0100 24301100 711 14000 Janitorial Services _ 300.00 0100 24301100 61880000 Utilities 300.00 Justice of the Peace #3 Reallocation of funds to cover the remainder of FY 11. P rep tired BX r ' , � `tlritil Date:; ;' fll19(2Q11 1 or 1 Vol. 1 5-3 p Cl ,'Depa►ttrtent Approval „ !: ..... `!:... ._ ' `; : ;Date - .:` BRAZOS COUNTY, TEXAS BUDGET AMENDMEN'F(S) FOR 'THE 2011 -2012 BUDGET YEAR NO. itJ12 4.1 -4.5 On this the 25th day of October 2011 at a regular meeting of the Commissioners' Court, the following members were present: A. Duane Peters, County Judge, Presiding B. Lloyd Wassermann, Commissioner, Precinct 1. C. Sammy Catalena, Commissioner, Precinct 2 D. Kenny Mallard, Commissioner, Precinct 3 E. Inna Cauley, Commissioner, Precinct 4 F. Karen McQueen, County Clerk The following proceedings were held: THAT WHEREAS, on 25th day of October 2011 the Court heard and approved a budget amendment for the 2011- 2012budget year for Brazos County, Texas and WHEREAS, expenditure is necessary due to the necessity to meet unusual and unforeseen conditions which could not be reasonably included in the original budget adopted 20 September 2011, the following amendment(s) to the original budget are hereby authorized, as described on the attached page(s). ADOPTED AND APPROVED this the 25th day of October 2011. THE COMMISSIONERS COURT OF BRAZOS COUNTY, TEXAS. By Duane Peters, County Judge Original: County Clerk's Office and Attached to the original budget Copies: County Auditor County Treasurer County Budget Officer Commissioners' Court Minutes 1 P . q 7 Vol. — 8 BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 11112 - 4.1 10/25/2011 FUND DIV ACCT PROJ DR/CR ACCOUNT NAME Increase Decrease 0100 31000100 51300000 CR alary Staff 1.327.00 0100 31000100 51610000 CR Hourly Staff 2,180.00 0100 31000100 53100000 CR Social Security 268.00 0100 31000100 53200000 CR Retirement 434.00 0100 31000100 53900000 CR Unemployment 11.00 0100 11001500 61130000 DR Contin enc 4,220.00 Juvenile Administration and General Fund Contingenc Reallocation of funds to due to calculation error. iOrr 3 — q 9 Vol. ___16 Pg. BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 11/12 - 4.2 10/25/2011 FUNDI ACCT PROD DRICR ACCOUNT NAME Increase Decrease 0100 11000500 72590000 CR Professional F ees - Other 5,0 00.00 0100 11000500 61010000 DR Advertising - l..e al Notices 5,000.00 on- Reallocation of funds will cover the costs of notices rel to that was not b for in Advertisi Prepared gy t•tnm'; bate l0117f201 Vol. 1 p g .. l r0fs BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 11112 - 4.3 1012612011 FUND DIV ACCT PROJ DR/CR ACCOUNT NAME increase Decrease 0100 11001500 61130000 CR Contingency -- 2,500.0 0100 28002000 65320000 DR Equipment —Maintenance 2,500.00 General Fund Contingency and Sheriff - Jail Reallocation of funds is for an annual service agreement for the security control system at the Detention Center. This will provide funding throug h the remainder of FY 12. Vol. � 5-3 I.f 1 p /00 g. ---- BRAZOS COUNTY, TEXAS FUND DIV ACCT 0100 11001500 61230000 0100 14000100 51300000 0100 14000100 53100000 0100 14000100 53200000 0100 14000100 53900000 BUDGET AMENDMENTS No. 11112 - 4.4 1 0/2512011 PROJ DF R AC COUNT NAME CR Contin enc DR S atary Staff DR Social Secur DR Retirement Increase Decrease 2,853.( 371.00 1.82.00 293.00 - -- •� U11c111 ro ment insurance 7.00 General Fund Contingency and Information Technolo Reallocation of funds to due to calculation error. Pce�aar,et�hBy �; � I�,J I� Oa #e, u 11�812gi.f,; 531 ort /6 Vol. 1 Y Pg. - - BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 11112 - 4.5 10/25/2011 FUND DIV ACC PROJ DRlCR ACCOUNT NAME Increase Decrease 4500 63000500 8021 1000 CR Com utcr Software 4,030.35 4500 63000500 80203000 DR Computer-Hardware 4,03035 Ca ital Projects Reallocation of funds for the purch ase of com uter hardware for Finance Plus Upgrade. 3 4' Prepared.By nnrn r 1Of1 [ OA Vol. Pg. PERSONNEL CHANGE OF STATUS REQUESTS Commissioner Court Date: October 25, 2011 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 Clerk Bates, Samantha New Hire Piper, Abby Resignation SO -- Jail Bowser, Melvin Transfer wlin Dept. Gonzales, Hugo New Hire Ward, Sherrie Termination Tax Office Grace, Mary Resignation Approved in Commissioners' Court: October 25 -2011: County J or Commissioner's Signature- h► 9 9 (This Copy to be attached to minutes) Vol.�Pg._/0`3 Laura Taylor Davis Brazos County Treasurer ldLyj gftS -br&&0 #j-Ug DATE: October 19, 2011 TO: Han. Duane Peters, County Judge Hon. Lloyd Wassermann, Commissioner Hon. Sammy Catalina, Commissioner. Han. Kenny Mallard, Commissioner Han. Irma Cauley, Commissioner Candy Gallego, Administrative Assistant FROM: Laura Taylor Davis, County Treasurer 800 S. Texas Avenue, Ste 840 Bryan, Texas 77803 Tel: 979 - 381 -4846 ACKNOWLEDGED 25 uane Peters ate County Judge RE: Quarter rending 09/30/2011 Investment Report This report is made in accordance with provisions of Gov.Code 2256, The Public Funds Investment Act, which requires quarterly reporting of investment transactions to the Commissioners' Court. The Brazos County Investment portfolio earned an average yield of 0.0800% on the quarterly average b&ldwe of $2,345,871.64 invested with TexPool for the period ending 09/30/2011. Investment interest deposited during the quarter was $481.19. Actual ending balance for September 30, 2011 was $2,346,047,57. The average rate of interest earned on the depository checking account balances for the quarter ending 09/30!2011 was 0.3833% netting $49,932.42 on an average dlepwftry Investable balance of $51,471,809.53. Total year -end interest earned $ 261, 586.35 Investment Strategy To quote the strategy most other Treasurers across the State are using "All investments are in compliance with both the Public Funds Investment Act and the Brazos County Investment Policy. The investment strategy is passive, which maintains a liquid cash flow and safety of the investment as priorities ". W 2256,023} This strategy also confirms the reality that with near 0% interest rates risks of maturity extension are under - rewarded and unwarranted for the fixed income portfolio managers. For diversification the County has an investment account with Tex Pool that provides the safety of an overnight market. Vol. 153 pg.— / 0 �_ Summary of Portfolio Changes The deposit of interest is the only portfolio change to balances at this time and the Weighted Average Maturity of investments remains at i day due to the liquidity of funds invested with TexPool and on deposit at CitiBank of Texas. FY 2011 INTEREST RATES AND EARNINGS BY MONTH YTD TOTALS 2,996.90 0.1277 258,589.45 0.4450 Total interest earned FY 2011 $261,586.35 Vol. 15 Pg.- TexPool Interest Cking Acct Earnings Interest Rate Interest Credit Rate October 2010 405.12 0.2036 21,272.45 0.5000 November 2010 369.26 0.1900 18,652.36 0.4800 December 2010 333.91 0,1700 23,002.96 0.4900 Q/E 12/31/2010 1,108.29 0.1879 62,927.77 0.4900 January 2011 315.92 0.1600 29,063.30 0.49 February 2011 264,43 0.1500 28,090.85 0.50 March 2011 291.02 0.1500 26,734.49 0.48 Q/E 03/31/2011 871.37 0.1533 83,888.64 0.4900 April 2011 216.32 0.1100 23,307.96 0.45 May 2011 166.81 0.0800 20,604.13 0.41 June 2011 152.92 0.0793 17,928.53 0.39 Q/E 06/30/2011 536.05 0.0898 61,540.62 0.4167 July 2011 132.51 0.0600 19,099.76 0.39 August 2011 169.57 0.0900 17,209.54 0.39 September 2011 179.11 0.0900 13,623.12 0.37 Q/E 09/30/2011 481.19 0.0800 49,932.42 0.3833 YTD TOTALS 2,996.90 0.1277 258,589.45 0.4450 Total interest earned FY 2011 $261,586.35 Vol. 15 Pg.- Attached are the following reports: 1) Cost Amount Summary of Investments by Fund 2) TexP Quarter End Activity Report 3) Investments by Fund Group and Strategy Type To the best of our knowledge the investment portfolio in this report conforms in all respects to the Investment Policy of Brazos County and is being managed under the investment strategy of said policy as apy�oved by the C mmissione 's Court of Brazos County. 1I Laura Taylor Davis, CYunty Treasurer Date A I W" Terri White, Chief Deputy Treasurer, CIO Date Vol. _�— P8• Vol. —1�_ pg I 07 N � 14 C Aft a u► 'C CL c ca ° o N k � . OOFff h E '_ C o C C 8s � b � > e o o ' �c � , = � v Vol. —1�_ pg I 07 TE Q UARTER ENDI 09/3012011 ACTIVITY REPORT ra voi.- 153 —P 1 68 FUND 1 - POOLED FUND GROUP INVESTMENTS BY FUND GROUP AND STMTEGY TYPE FUND 1- POOLED FUND GROUP I General Fund $ :0 Endowment State Lateral -._. Courthouse Security General O D 11 5 A P ermanent General • Y.. cA Ex positio n �- �• _ � °�t5 ��?! }'`�Sl��l ' �f��. 11 1": d.� �� "'�el.l { �Sjfato�aC fle'nu�o ll ��Gi �� j9 f. "�� y � - J b .�;� F kaSr �� yr..' I it_��i�r', BOOK VALUE OF ALL INVESTED FUNDS FOR SEPTEMBER 2011 $ 2,346,047.57 V0 1. 1 Pg. I L� Brazos County Purchasing Department Weekly Update 10/14/11 — 10/20/11 Number of PO's Processed: 190 ACKNOWLEDGED Requisitions Completed: 30 Capital Payments: 10 Projects In Progress Duane Peters Date Construction County Judge Courthouse: Phase l$II - Renovation of old Dist. Clerk area in progress - Demo of old County Attorney area should be finished by 10128 o Abatement of old CA area to begin 10/31 2nd and 3rd Floor Remodel - Demo of Grand Jury room to begin 10/22 Phase III - Contract is in progress Bids/ RFP's/ RFQ's Jail Pharmaceuticals - To Court for approval Representation of Indigent Juveniles - Contract to Court for approval Aggregate for Surface Treatment - Responses under review Flexible Base -Re- advertise Crack Seal -Bid out week of 10117 Renewals Janitorial Supplies -Bid solicitation in progress Jail Cleaning Supplies - Renewal on agenda 10118 Vol. 17—J Pg. P 0 Solicitation of Quotes Mail Service Other - Renewal in process Auction - Auction proceeds totaled $23,380 - Purchasing is now receiving surplus from departments Sanctuary Courtroom - Sound system installation complete on 10/20 - User training on 10/21 Purchasing Policy - Reviewing and revising policy Electronic Bid System Contract and requirements to legal for review Assets - Reconciliation on hold until fiscal year 2011 period 13 completed Vol. 15 Pg. //j l