HomeMy WebLinkAbout2014-10-21 10:00AM REGULAR MEETINGC' - k y
13RAZOSCOUNTY
BRYAN,TEXAS
2x14 OCi 11 A 0 2LI
NOTICE OF MEETING AND AGENDA
BRAZOS COUNTY COMMISSIONERS COURT
THE COMMISSIONERS COURT OF BRAZOS COUNTY WILL MEET IN
REGULAR SESSION ON OCTOBER 21, 2014 AT 10:00 AM IN THE
COMMISSIONERS COURTROOM OF THE COUNTY ADMINISTRATION
BUILDING, 200 SOUTH TEXAS AVE.. SUITE 106, BRYAN, TX 77803
1. Invocation and Pledge of Allegiance - U.S. and Texas Flag - Chaplain G.H. Jones and
Commissioner Wassermann
2. Call for Citizen input and /or concerns.
Consider and take action on agenda items 3 - 15:
3.
4.
Letter in support of John McBeth Brazos Transit District CEO to be appointed to the Public Transit
Advisory Committee.
5. Payment Authorization to the City of College Station in the amount of $700.00 for Brazos CountWs
portion of a feasibility study done by Brown Reynolds Watford Architects Inc. for a new CEOC.
6, Approval of the following Blue Cross Blue Shield Insurance Renewal Documents:
• a. BPA Addendum 01.D1.2015
• b. Dental HS 01.01.2015
• c. Grandfathered Health Plan Form 01.01.2015
• d. PPO HIS 01.01.2016
• e. Brazos County 2015 Renewal
• f. Brazos County ASO Dental Renewal 01.01.2015
Partnership. Inc. for FY 2015.
8, Approval of maintenance contract with Dahill for sixteen (16) county owned copiers.
9. Consider and take action on request from Teresa Bordeau on behalf of the Edge Ger
10.
11. Budget Amendments.
a Budget amendments FY 13114 63.1 thru 63.3
b. Budget amendments FY 14116 3.1 thru 3.6
12. Personnel Change of Status.
Personnel Action Forms
13. Payment of Claims.
14. Convene into the following Executive Sessions:
• Executive Session pursuant to Texas Government Code 551.072 to deliberate the
purchase, exchange, lease, or value of real property.
• Executive Session pursuant to Texas Government Code 551.071 to consult with
attorney about pending or contemplated litigation and /or a settlement offer.
15. Consider and possible action on Executive Sessions.
16. Sheriffs report on inmate population.
17. Announcement of interest items and possible future agenda topics.
18. Call for Citizen input and /or concerns.
19. Adjourn.
Vol. 211 Pg. �`�
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 Brews 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 61.024 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 Courrs 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 mclal, ethnic or gender slum or epithets will not be tolerated. Violation of these miss may result In the following
sanctions:
1. cancellation of a speakers 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 Tetras.
The County Commissioners Court can deliberate or take action only if a matter has been listed on an agenda property 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 pubic 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 andlor Commissioners may choose not to respond to public comments, except to =meet 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 7
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) $61 -4102.
Vol. 211 Pg.
BRAZOSCOUNTY
BRYAN,TEXAS
NOTICE OF ADDENDUM
"7[114 "vCT I l P is 36
BRAZOS COUNTY COMMISSIONERS COURT
In addition to the Regular Meeting, the Commissioners Court will consider and
take action on the following item(s):
MEETING October 21, 2014
DATE:
MEETING 10:00 AM
TIME:
MEETING Commissioners Court of the County Administration Building,
PLACE: 200 S. Texas Ave., Suite 106, Bryan, Texas
Agenda
1. Personnel Action Forma
The Commissioners Cart of the County Administration Buliding. 200 S. Texas Ave., Suite 109, Bryan, Tom 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 cal (979) 3914102.
BRAZOSCOUNTY
BRYAN,TEXAS
MINUTES
October 21. 2014
BRAZOS COUNTY COMMISSIONERS COURT
REGULAR MEETING
91 File Stamped Aoenda.pdf
r File Stamped Addendum.0f
E Sign in sheet.pdf
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 10:00 a.m. on
Tuesday, October 21, 2014 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, Absent.
The attached sheets contain the names of the citizens and officials that were in
attendance.
Invocation and Pledge of Allegiance -
U.S. and Texas Flag - Chaplain G.H. Jones and Commissioner Wassermann
2. Call for Citizen input and /or concerns.
There was no citizen's input.
Consider and take action on agenda items 3 - 15:
Vol. 211 Pg. �2
3. Republican and Democratic appointment for Presiding Judge and Alternate Judge for a
period of 1 year, ending July 31, 2015.
W Item 3.odf
Cita republicanos y democratas para Juez Presidente y Magistrado suplente por un
periodo de un ano, hasta el 31 de julio de 2015.
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 .
4. Letter in support of John McBeth, Brazos Transit District CEO, to be appointed to the
Public Transit Advisory Committee.
rb Item 4.odf
The Court approved the letter recommendation to be submitted by the Commissioners
Court to Speaker Joe Straus asking that he consider Mr. John McBeth for the
appointment to the Public Transportation Advisory Committee.
Motion: Approve, Moved by Commissioner LLoyd Wassermann, Seconded by
Commissioner Sammy Catalena. Passed. 5 -0. Members voting Aye: Catalena ,
Cauley, Mallard, Peters, Wassermann .
5. Payment Authorization to the City of College Station in the amount of $700.00 for
Brazos County's portion of a feasibility study done by Brown, Reynolds, Watford
Architects Inc. for a new CEOC.
1U Item 5.odf
Motion: Approve, Moved by Commissioner Irma Cauley, Seconded by Commissioner
Kenny Mallard. Passed. 5 -0. Members voting Aye: Catalena , Cauley , Mallard , Peters ,
Wassermann.
6. Approval of the following Blue Cross Blue Shield Insurance Renewal Documents:
E Item 6.odf
• a. BPA Addendum 01.01.2015
• b. Dental HS 01.01.2015
• c. Grandfathered Health Plan Form 01.01.2015
• d. PPO HS 01.01.2015
• e. Brazos County 2015 Renewal
• f. Brazos County ASO Dental Renewal 01.01.2015
A copy is attached
Motion: Approve , Moved by County Judge Duane Peters, Seconded by Commissioner
Sammy Catalena. Passed. 5 -0. Members voting Aye: Catalena, Cauley, Mallard,
Peters , Wassermann .
Funding Agreement with Research Valley Partnership, Inc. for FY 2015.
is Item TO
The Court approved as submitted a Funding Agreement between Brazos County and
the Research Valley Partnership, Inc. (RVP). RVP will use the funds to develop and
diversify the Brazos County economy, to eliminate unemployment or under - employment
and to expand the local economy. A copy is attached.
Vol. 211 Pg. r
Motion: Approve, Moved by Commissioner Irma Cauley, Seconded by Commissioner
Kenny Mallard. Passed. 5 -0. Members voting Aye: Catalena, Cauley, Mallard, Peters,
Wassermann.
8. Approval of maintenance contract with Dahill for sixteen (16) county owned copiers.
0 Item 8.odf
A copy of the contract is attached.
Motion: Approve, Moved by Commissioner Kenny Mallard, Seconded by Commissioner
Irma Cauley. Passed. 5 -0. Members voting Aye: Catalena , Cauley , Mallard , Peters ,
Wassermann.
9. Consider and take action on request from Teresa Bordeau on behalf of the Edge
General Store for lane closure of a portion of Edge Cutoff Road on October 25, 2014
from 11:00 am to 10:00 pm to accommodate the annual Rompin' Stompin' Street Fest.
Site is located in Precinct 2.
r- Item 9.odf
Motion: Approve, Moved by Commissioner Sammy Catalena, Seconded by
Commissioner LLoyd Wassermann. Other. 5 -0. Members voting Aye: Catalena ,
Cauley, Mallard, Peters, Wassermann .
10. Consider and take action on the FWP Holdings, LLC utility permit to install temporary
10" aluminum water line within and along the right -of -way of Jack Manning Road.
Project will provide water to oil well. Site is located in Precinct 2.
Qom" Item 10.odf
Motion: Approve, Moved by Commissioner Sammy Catalena, Seconded by
Commissioner LLoyd Wassermann. Passed. 5 -0. Members voting Aye: Catalena,
Cauley , Mallard , Peters , Wassermann .
11. Budget Amendments.
Lt', Item 11.odf
a. Budget amendments FY 13/14 53.1 thru 53.3
53.1 Decrease budget to recognize deficiency in original budget for Alternative Dispute
Resolution.
53.2 Increase revenue for Group Insurance
53.3 Transfer funds from General Fund Contingency to Sheriff Admin and Constable
Pct. 1
b. Budget amendments FY 14/15 3.1 thru 3.6
3.1 Reallocate funds for Capital Projects
3.2 Reallocate funds for Capital Projects
3.3 Reallocate funds for Capital Projects
3.4 Reallocate funds for Sheriff - Administration
3.5 Reallocate funds for IT Services and Capital Projects
3.6 Reallocate funds for the Fleet Maintenance Building
Motion: Approve, Moved by Commissioner Sammy Catalena, Seconded by
Commissioner LLoyd Wassermann. Passed. 5 -0. Members voting Aye: Catalena,
Cauley, Mallard, Peters, Wassermann .
Vol. 211 Pg. J'�1-
12. Personnel Change of Status.
Personnel Action Forms
U Item 12.odf
A copy of the Personnel Change of Status requests 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.
13. Payment of Claims.
0 BILL LIST 10.21.14.odf
M Claims Sheet.odf
IL* Addendum.0
7126512 through 7126782
Motion: Approve, Moved by Commissioner Kenny Mallard, Seconded by Commissioner
LLoyd Wassermann. Passed. 5 -0. Members voting Aye: Catalena , Cauley, Mallard ,
Peters, Wassermann .
At this point the County Judge considered the Addendum to the agenda. The Court
approved as submitted an additional personnel action form as submitted. A copy of the
Personnel Change of Status request is attached.
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. Convene into the following Executive Sessions:
• Executive Session pursuant to Texas Government Code 551.072 to deliberate the
purchase, exchange, lease, or value of real property.
• Executive Session pursuant to Texas Government Code 551.071 to consult with
attorney about pending or contemplated litigation and /or a settlement offer.
At this point, the County Judge announced the Court would consider items 16 through
18 and then return to convene into Executive Session.
Having considered the previously noted agenda items, at 10:10 a.m. the County Judge
closed the meeting to the public. He asked that the following individuals stay for the
session:
Candy Gallego, Executive Assistant
Bill Ballard, Civil Counsel
15. Consider and possible action on Executive Sessions.
C Item 15.odf
At 10:33 a.m. the County Judge announced the meeting open to the public and on
motion by Commissioner Cauley, seconded by Commissioner Mallard, the Court voted
unanimously to approve the general compromise, release, and settlement agreement
resolving an incident occurring on or about June 29, 2013.
Motion: Approve, Moved by Commissioner Irma Cauley, Seconded by Commissioner
Vol. 211 Pg. 5�
Kenny Mallard. Passed. 5 -0. Members voting Aye: Catalena , Cauley , Mallard , Peters ,
Wassermann.
16. Sheriffs report on inmate population.
Wayne Dicky, Jail Administrator stated there were 674 inmates in jail, 56 have electronic
monitors and 6 are pending for monitors.
17. Announcement of interest items and possible future agenda topics.
There were no announcements.
18. Call for Citizen input and /or concerns.
There was no citizen's input.
19. Adjourn.
Vol. 211 Pg.
The foregoing minutes of the Commissioners Court meeting held October 21, 2014 have
been examined and are approved in open Court this � day of
Y 14, in Bryan, Brazos County, Texas.
Duane eters Lloyd aann
County Judge Commissioner, Precinct I
y Cat ena
Commiss' ner, Precinct 2
Commissioner, Precinct 4
Attest:
Karen McQueen
County Clerk
Vol. 211 Pg. s`J
Kenny Mall
Commissioner, Precinct
BRAZOS COUNTY
COMMISSIONER'S COURT
P2 DAY OF , 20 c
/D' n a AM/,
Name Organization
Pg / of Z
Vol. 211 Pg. 5- a
Pg a of Z
BRAZOS COUNTY
COMMISSIONER'S COURT
� DAY OF � 120/
Name
(PLEASE PRINT)
Kp,l, Pibh lts i4wor
Organization
(PLEASE PRINT)
-71wr,(, �
Vol. 211 Pg. ,S%
OPrescdbed by Secretary of State
Section 32.002 (d), VTCA, Election Code 8107
I, Karen McQueen, County Clerk of Brazos County do hereby submit the following persons for appointment
as presiding judge and alternate judge for elections conducted by the county as required upon receipt of timely list(s)
submitted by the appropriate political party chairs or as recommended by me if no list(s) were submitted timely by
party chairs. The appointment will be a 1 year term, ending on July 31, 2015.
Yo. Karen McQueen, Escribiente del Condado, del condado de Brazos someto por este medio pars nombrar
las personas siguientes coma jrcez de presidencla y juez akerm par alas elections conducidas por at condado coma
reguerido, segdn el recibo de Ins list= opornaras someddas por las sillas politicos apropiadas del parlldo a segrin to
recomendado por od si no hay listas oportunas sometidas al [ado de las sillas del partida La cita sera un termino de 1
a8o, terminando el 31 de Julio de 2015.
Alternate Judge
Vol. 211 Pg. � 0
3
Issued this the S�day of October 2014.
Endtado este dia de ocrobre de 2014.
PRO D:
uane eters, Brazos County Iudge
Juez de( Condado de Brazos
Vol. 211 Pg. e /
LLOYD WASSERMANN
Precinct 1
(979) 361 -4106
Iwassennann@co.brazos.txus
SAMMY CATALENA
Precinct
(979) 361 -4115
scatalena@co.brazos.tx.us
October 21, 2014
ae
A
F s..oe,a N
4
r : F 0a
BRAZOS COUNTY COMMISSIONERS COURT
Speaker Joe Straus
District 121
P.O. Box 2910 .
Austin, TX 78768
Dear Speaker Straus:
E. DUANE PETERS
County Judge
(979) 3614102
dpaters @co.brazos.tx.us
G. KENNY MALLARD
Precinct 3
(979) 361 -4106
kmallard @co.brazos.bc.us
IRMA CAULEY
Precinct
(979) 361 -4111
icauley@co.brazos.tx.us
Please consider Mr. John McBeth for appointment to the Public Transportation Advisory
Committee. The legal authority for this committee is found in the Transportation Code,
Section 455.004. Subsection (c) indicates that members serve on the committee at the
pleasure of the appointing officer:
http : / /www.statutes.legis.state.tx. us /Docs/TN /htm/TN.455.htm#455.004
Following is a breakdown of the current membership:
Appointed by Governor
Alan Abeson— Appointed 08/2312011 representing transportation users
Michelle Bloomer— Appointed 01/07/2011 representing the general public
Manuel Salazar— Appointed 01/0712011 representing public transportation providers
(Central Texas Rural Transit District, Coleman, TX)
Appointed by Lt Governor
Christina Crain — Appointed 09124/2009 representing the general public
Rob Stephens— Appointed 03/01/2012 representing public transportation providers
(Longview Transit Management, Longview, TX)
Vacant (1)— (representing transportation users)
Appointed by Speaker
Glenn Gadbois— Appointed 10/0712010 representing transportation users
Brad Underwood— Appointed 10/07/2010 representing public transportation
providers (TAPS Public Transportation, Sherman, TX)
Vacant (1)— (representing the general public)
Mr. McBeth serves as the CEO at Brazos Transit District whose mission is to provide
affordable and convenient transportation services and infrastructure to the public. The
Brazos Transit District was founded in 1974 and now serves 16 counties in Central and
Brazos County Administration Bldg. . 200 S. Texas Ave. • Suite 310 • Bryan, Texas 77803 • Fax: (979) 361 -4176
_ Vol. 211 Pg.
East Texas covering 133,333 square miles with a population of over 1 million. Our
growing state population and an increased need for affordable and reliable public
transportation create new challenges that must be addressed by PTAC so that Texas
Department of Transportation can more appropriately allocate state and federal funds.
Mr. John McBeth will make an excellent choice for your appointment to PTAC and is
ready to serve!
Duane eters
County Judg
/l•3/�1� �/�'�'t�c. oLtG..a�
Com issioner Lloyd Wassermann mmis"sAer Sammy Catalena
Precinct 1 Pr
Commission
01
r <enny M and Commiss!o ma Ca
Precinct 3 Precinct 4
Vol. 211 Pg. �v3
Renewal Addendum to Benefit Program Application ( "ASO BPA ") �v
Applicable to Administrative Services Only (ASO) Group Accounts
administered by Blue Cross and Blue Shield of Texas, a Division of Health Care Service Corporation,
a Mutual Legal Reserve Company, hereinafter referred to as "Claim Administrator' or "HCSC"
Employer Account Number (6- digits): 080950
Employer Group Number(s): 080950
Section Number(s): All
Employer Name: Brazos County
Renewal Addendum Effective Date: 01/01/2015
ERISA Plan: Yes ❑ No ® If Yes, ERISA Plan Year:
THIS ADDENDUM is incorporated into and made a part of the ASO Benefit Program Application ( "ASO BPA") last
entered into between the parties as of this Renewal Addendum's Effective Date and the corresponding
Administrative Services Agreement ( "Agreement"), currently in effect between the parties. This Addendum is
intended to renew the foregoing as of the above noted Renewal Addendum Effective Date of Coverage and, except
as modified and amended and /or re- attested herein pursuant to this renewal, the provisions, conditions and terms of
such ASO BPA and Agreement shall remain in full force and effect.
PAYMENT SPECIFICATIONS: LXJ No Changes [] See Additional Provisions
Employer Payment Method: ❑ Online Bill Pay ❑ Electronic ❑ Check
Employer Payment Period: ❑ Weekly (cannot be selected if Check is selected as payment method above)
❑ Twice - Monthly ❑ Monthly ❑ Other (please specify):
Claim Settlement Period: ❑ Monthly ❑ Other (please specify):
Run -Off Period: Employer Payments are to be made for 12 months following end of Fee Schedule Period.
Final Settlement: Final Settlement is to be made within 60 days after end of Run -Off Period.
To begin on Renewal Addendum Effective Date and continue for:
❑ 12 Months ❑ Other (please specify): Months
Administrative Per Employee per Month (PEPM) Charges
Product t Service
Fee
Base Administrative Charge (Medical)
$45_24
$_
$_
$_
Select From List
$_
$_
$_
$_
Select From List
$_
$_
$_
$_
Select From List
$_
$_
S_
$_
Select From List
$_
$_
$_
$_
Other: Select Service Category
List Service:
$—
$_
$_
$_
Other. Select Service Category
List Service:
$—
$_
$_
$_
Other: Select Service Category
List Service:
$—
$—
$—
$—
Other: Select Service Category
List Service:
$—
Miscellaneous:
$
Miscellaneous:
$_
HCSC TX GEN ASO BPA Renewal Addendum 07.14
Vol. 211 Pg.
Total 1 $45_24 $_ 1 $_ $_
'Prescription Drug Rebate Credit per Covered Employee per month is the guaranteed Prescription Drug Rebate
savings reflected as a Prescription Drug Rebate credit. Expected rebate amounts to be received by the Claim
Administrator are passed back to the Employer with one hundred percent (100 %) of the expected amount applied as
a credit on the monthly billing statement on a per Covered Employee per month basis. Rebate credits are paid
prospectively to the Employer and shall not continue after termination of the Prescription Drug Program. (Further
information concerning this credit is included in the governing Administrative Services Agreement to which this ASO
BPA is attached under the section titled "CLAIM ADMINISTRATOR'S SEPARATE FINANCIAL ARRANGEMENTS
WITH PHARMACY BENEFIT MANAGERS. ")
Administrative Line Item Charges
Frequency
Amount
Other: Select Service Category
Select Billing Frequency
$_
List Service:
If applicable, describe other: _
$
Other: Select Service Category
Select Billing Frequency
$_
List Service: _
If applicable, describe other: _
Other: Select Service Category
Select Billing Frequency
$_
'List Service: _
If applicable, describe other:
Other: Select Service Category
Select Billing Frequency
$�
List Service:
If applicable, describe other:
Miscellaneous:
Select Billing Frequency
$_
If applicable, describe other:
Miscellaneous:
Select Billing Frequency
$_
If applicable, describe other:
Total:
Dental:
$3.72
$
$
$
Total
$
$
$
$
Note: Additional services and/or fees may be itemized in the "Miscellaneous" fields above or in the Additional
Comments section below
Dental Run -Off Administrative Charge
$2,59
$
$
$
Other:
I $
$
$
OTHER PROVISIONS:
1. Summary of Benefits & Coverage:
a) Claim Administrator will create Summary of Benefits & Coverage (SBC)?
® Yes. If yes, please answer question b. The SBC Addendum is attached.
❑ No. If No, then the Employer acknowledges and agrees that the Employer is responsible for the creation
and distribution of the SBC as required by Section 2715 of the Public Health Service Act (42 USC 300gg -15)
and SBC regulations (45 CFR 147.200), as supplemented and amended from time to time, and that in no
event will the Claim Administrator have any responsibility or obligation with respect to the SBC. The Claim
Administrator is not obligated to respond to or forward misrouted calls, but may, at its option, provide
participants and beneficiaries with Employer's contact information. A new clause (e) is added to Subsection
C. in the Additional Provisions as follows: "(e) the SBC ". (Skip question b.)
HCSC TX GEN ASO BPA Renewal Addendum 07.14
Vol. 211 Pg.
2
b). Claim Administrator will distribute Summary of Benefits & Coverage (SBC) to participants and beneficiaries?
® No. Claim Administrator will create SBC (only for benefits Claim Administrator administers under the
Agreement) and provide SBC to Employer in electronic format. Employer will then distribute SBC to
participants and beneficiaries (or hire a third party to distribute) as required by law.
❑ Yes. Claim Administrator will create SBC (only for benefits Claim Administrator administers under the
Agreement) and provide SBC to Employer in electronic format. Employer will then distribute to participants
and beneficiaries as required by law, except that Claim Administrator will send the SBC in response to the
occasional request received directly from individuals.
❑ Yes. Claim Administrator will create SBC (only for benefits Claim Administrator administers under the
Agreement) and distribute SBC to participants and beneficiaries via regular hardcopy mail or electronically.
Distribution Fee for hardcopy mail is $1.50 per package. The distribution fee will not apply to SBCs that
Claim Administrator sends in response to the occasional request received directly from individuals.
2. EHB Election:
Employer elects EHBs based on the following:
❑ 1. EHBs based on a HCSC state benchmark:
❑ Illinois ❑ Oklahoma
❑ Montana ® Texas
❑ New Mexico
❑ 2. EHBs based on benchmark of a state other than IL, MT, NM, OK and TX
If so, indicate the state's benchmark that Employer elects: _
❑ 3. Other EHB, as determined by Employer.
In the absence of an affirmative selection by Employer of its EHBs, then Employer is deemed to have
elected the EHBs based on the Texas benchmark plan.
3. Claim Administrator's Third Party Recovery Vendor:
It is understood and agreed that in the event the Claim Administrators Third Party Recovery Vendor makes a
recovery on a claim, the Employer will pay no more than 25% of any recovered amount.
4. Alternative Compensation Arrangement Expected Payments:
Employer shall pay the Expected Payments on a Per Member Per Month (PMPM) basis (see definition of
Alternative Compensation Arrangement Payments in Section 2 of the Agreement). Expected Payments are
calculated based on estimated members and payments to Network Providers, which are fully described in the
Agreement. Any difference (surplus or deficit) between the Expected Payments that Employer has made to Claim
Administrator and actual Alternative Compensation Arrangement Payments will be factored into Claim
Administrators calculation of future Expected Payments. Claim Administrator may retain interest earned, if any, on
funds held that are associated with these Arrangements. Claim Administrator may recalculate the PMPM charge
from time to time. Amounts actually paid or received by Claim Administrator to /from Providers related to Employers
members may be revised from time to time and may be different from the PMPM. To the extent not factored into the
recalculation of the future PMPM, any such difference is considered compensation to Claim Administrator for the
administrative services it provides to Employer.
ADDITIONAL PROVISIONS:
A. Grandfathered Health Plans: Employer shall provide Claim Administrator with written notice prior to renewal (and
during the plan year, at least 60 days advance written notice) of any changes that would cause any benefit package of
its group health plan(s) (each hereafter a "plan ") to not qualify as a "grandfathered health plan" under the Affordable
Care Act and applicable regulations. Any such changes (or failure to provide timely notice thereof) can result in
retroactive and /or prospective changes by Claim Administrator to the terms and conditions of administrative services.
In no event shall Claim Administrator be responsible for any legal, tax or other ramifications related to any plan's
grandfathered health plan status or any representation regarding any plan's past, present and future grandfathered
HCSC TX GEN ASO BPA Renewal Addendum 07.14 ,
Vol. 211 Pg.
status. The grandfathered health plan form ( "Form "), if any, shall be incorporated by reference and part of the BPA and
Agreement, and Employer represents and warrants that such Form is true, complete and accurate.
B. Retiree Only Plans, Excepted Benefits and /or Self- Insured Nonfederal Governmental Plans: If the BPA includes
any retiree only plans, excepted benefits and /or self- insured nonfederal governmental plans (with an exemption
election), then Employer represents and warrants that one or more such plans is not subject to some or all of the
provisions of Part A (Individual and Group Market Reforms) of Title XXVII of the Public Health Service Act (and /or
related provisions in the Internal Revenue Code and Employee Retirement Income Security Act) (an "exempt plan
status "). Any determination that a plan does not have exempt plan status can result in retroactive and /or prospective
changes by Claim Administrator to the terms and conditions of administrative services. In no event shall Claim
Administrator be responsible for any legal, tax or other ramifications related to any plan's exempt plan status or any
representation regarding any plan's exempt plan status.
C. Employer shall indemnify and hold harmless Claim Administrator and its directors, officers and employees against any
and all loss, liability, damages, fines, penalties, taxes, expenses (including attorneys' fees and costs) or other costs or
obligations resulting from or arising out of any claims, lawsuits, demands, governmental inquires or actions,
settlements or judgments brought or asserted against Claim Administrator in connection with (a) any plan's
grandfathered health plan status, (b) any plan's exempt plan status, (c) any plan's design (including but not limited to
any directions, actions and interpretations of the Employer), (d) any provision of inaccurate information, (e) the SBC,
and /or (f) selection of employer's EHB benchmark for the purpose of ACA. Changes in state or federal law or regulations or
interpretations thereof may change the terms and conditions of administrative services.
The provisions of paragraphs A -C (directly above) shall be in addition to (and do not take the place of) the other terms and
conditions of administrative services between the parties.
Employer acknowledges and agrees that unless a change is indicated on this Renewal Addendum, Employer's
instructions, acknowledgements and agreements in the AS d the A (oth a defined above) shall
remain in full force and effect.
Leslie Magenheirmer
Authorized BCBSTX Representative Signature of Authorized Purchaser
Acct Exec
08/18/2014
Title Date Title
972 - 766 -2923 I��Z(1f /
q
BCBSTX Telephone and Fax numbers Date
Agent Representative (if applicable)
Date
Agent Phone & Fax Numbers
Agent Email
fax I.D. No.
HCSC TX GEN ASO BPA Renewal Addendum 07.14
Vol. 211 Pg.
BlueCare® Freedom Dental
Brazos County Group 080950
DENTAL BENEFIT HIGHLIGHTS
��ISIueCtros9131ueShiehl
v DfTexaN
General Provisions
cUnq Dentlat
Calendar Year Deductible I $50 Individual / $150 Family
Calendar Year Maximum per Participant
$1500
Diagnostic and Preventive Care Benefits (deductible waived)
• Youroubtpocket mstWE generally be the
Oral Examinations (2 exams per CelendarYear)
Your ouldLpocket mat may be greater because
Prophylaxis (2 clearings per Calendar Year)
100%
Fluoride Treatment (to age 19)
wntrackd to accept a lower Allowable Amount
Dental X -rays (Subject to booldet provision)
a contract with BCBSTX to amepl any Allowable
Miscellaneous Services (deductible not walved)
Dental Expenses
Sealants (up to age 14 applies to permanent molars, one application per tooth, per lifetime)
• You are not required to So claim forms
Space Maintahers
80%
Labs and Test
• You are not balance tried for costa exceeding
Palliative Care
the BCBSTXAIlawbie Amount for BlueCare
Restorative Services
You are balance blled formstsexceeding the
Amalgams and Composites
Simple Fxtracrons
Pin Retention
Denture Relines / Rebases
80%
Denture Adjustment and Repairs
Recementation of crowns, Inlaysionlays
Recementadon and Repair of Bridges
General Services
Anesthesia 80%
Endodondc Services
Root canal therapy
'dodontal Services
Pedodontal scaling and root planning
Full mouth debddamentlPedodontal Maintenance
80%
80%
Oral Surgery Services
Surgical tooth extractions
ANeoloplastyNesdbuloplasty I 80%
Crowns, Inlays/Onlays Services
Prefabricated post and cores I 50%
Prosthodondc Services
Bridges and dentures I 50%
Orthodontic Benefits
Odhodonik Diagnostic Procedures and Treatment (available to Adult & Children up to 26) 50%
Lifetime Maximum per Participant $1500
"Each time you need dental care, you can choose lo:
See GO
cUnq Dentlat
Sae a NowContracting Dentist
BlueCare Dentist
Drrtiat
• Youroubtpocket mstWE generally be the
Ym outaRpockelcoal may be greater because
Your ouldLpocket mat may be greater because
least amount becme BlueCare Dentists rave
Dentists bavecontracted b accepl a higher
Non- Contraciir l Dentists have not entered into
wntrackd to accept a lower Allowable Amount
Allowable Amount as payment in full for Eligible
a contract with BCBSTX to amepl any Allowable
as payment In NB for 81gible Dental Expenses
Dental Expenses
Amount delertblnation as payment in full for
• You are not required to So claim forms
You are not required to lie claim forms
Eligible Denial Expenses
• You are not balance billed for costs exceeding
• You are not balance tried for costa exceeding
• You are required! claim fornss
the BCBSTXAIlawbie Amount for BlueCare
the BCBSTXPIIOweblu Amount for Dentists
You are balance blled formstsexceeding the
Dentists
BCBSTXAIIowable Amount
EMPLOYEE INFORMATION
A Division of Health Care Service Corporation, a Mutual Legal Reserve Company, an Independent Licensee of the Blue Cross and Blue Shield Association
BlueCare Freedom Dental for Groups Sold after 07/01/2012 1, Q Page 1 oft
Vol. 211 Pg. 0
BlueCare® Freedom Dental
Brazos County Group 080950
W�BlueCrosslslaesnleld
Of Texas
• This is a general summary of your benefit design. Please refer to your benefit booklet for other details and for limitations and exclusions.
• The following eligibility provisions apply:
• Dependent Children are covered to age 26. Disabled dependent children can be covered beyond age 26.
Retirees are not eligible for coverage.
• Employees may enroll dependent children up to age 5 on the first of the month following application with no late enrollment penalty.
Open enrollment— employees and/or dependents not presently covered may enroll for dental 31 days prior to the anniversary date.
• When the course of treatment will be in excess of $300, a predetermination request should be submitted to BCBSTX in advance of treatment.
• A pre-existing condition exclusion will apply to expenses involving the replacement of teeth that were missing prior to the effective
date of the dental contract This exclusion Will not apply to:
Any participant who becomes effective on the dental contract data who was covered under a previous group dental care
contract by the Employer.
• Any participant who has been continuously cgxered d 24 months under a group dental care contract with BCBSTX which
Included prosthetic henefds. l \ i — ^—� N
(Please type or print)
Agent of Record Name
(Please print or type)
BCBSTX Representative Name
(Please print or type)
Signature
Signature
Date
Date
A Division of Health Care Service Corporation, a Mutual Legal Reserve Company, an Independent Licensee of the Blue Cross and Blue Shield Association
BlueCare Freedom Dental for Groups Sold after 07101012 Page 2 oft
Vol. 211 Pg. e'7
09 B1ueCross B1ueShield
of Texas
Account Name: Brazos County Account Number: 080950 Renewal Date: 0110112015
Grandfathered Health Plan Form
The Affordable Care Act (ACA) provides that a group health plan in which an individual was enrolled on March 23,
2010, (ACA's date of enactment) may be a "grandfathered health plan." Grandfathered health plans are not subject
to certain ACA provisions.
By default, our group renewal offer(s) reflect a non - grandfathered health plan design. This Grandfathered Health
Plan Form must be signed by the group representative and returned to our offices at least 10 days prior to
your renewal effective date in order to change your renewal(s) to a grandfathered health plan design. If a
plan is modified to a non - grandfathered health plan design on its effective date, it cannot later revert back to a
grandfathered health plan design.
Complete the information on page 2 of this form to indicate whether your existing plan(s) qualify as grandfathered
health plan(s) under the Affordable Care Act and related regulations. Check all that apply for only the benefit
plan(s) in effect that qualify for and that you wish to be administered with a grandfathered health plan design. This
information needs to be provided for all benefit plans in effect. This information needs to be provided for all benefit
plans in effect.
For more information on grandfathered health plans and what changes or events may cause a plan to lose
grandfathered health plan status, go online to: bcbstx. com/ pdf /aca _grandfathered_plans_b(.pdf. If you have
questions regarding this worksheet, contact your insurance broker (if applicable) or your BCBSTX account
representative. The rules related to grandfathered health plans are complex. We recommend that you seek the
advice and guidance of your legal counsel regarding ACA and grandfathered health plans. If you believe a plan or
policy has lost or will lose grandfathered status, contact your insurance broker (if applicable) or BCBSTX
representative immediately for available benefit plan options.
TO BE SIGNED BY THE GROUP REPRESENTATIVE:
I, the undersigned, a duly authorized representative of the plan sponsor named above ( "Plan Sponsor'), hereby
represent that I am knowledgeable as to standards associated with a "grandfathered health plan" as set forth in the
Affordable Care Act and applicable regulations, and that the information contained in this Form and any subsequent
updates to such Form, are true, accurate and complete; and (ii) agree that the Plan Sponsor will immediately
provide BCBSTX with written notice prior to renewal (and during the plan year, with at least 60 days advance
written notice) of any changes that would cause the Plan Sponsor's group health plan(s), including any benefit
packages, to not qualify as a grandfathered health plan under ACA and applicable regulations.
si nature
r,e Pi r5
Print Name
Nlclne-
title
� D 12.1
Date
A Division of Health Care Service Corporation a Mutual Legal Reserve Comparry, an Independent Licensee of the Blue Cross and Blue Shield Association.
Grandfathered Health Plan Farm —ASO Page / of 1
Vol. 211 Pg.
OwB1ueCross BlueShield
of Texas
Account Name: Brazos County Account Number: 080950 Renewal Date: 0110112015
Grandfathered Health Plan Form
Group Number
Plan/Benefit Agreement Name /Number
Grandfathered?
080950
PPO PPO /080950
® Yes ❑ No
080950
PDent Dental /080950
® Yes ❑ No
❑ Yes ❑ No
❑ Yes ❑ No
❑ Yes ❑ No
❑ Yes ❑ No
❑ Yes ❑ No
❑ Yes ❑ No
❑ Yes ❑ No
❑ Yes ❑ No
❑ Yes ❑ No
❑ Yes ❑No
❑ Yes ❑No
❑ Yes ❑No
❑ Yes ❑ No
❑ Yes ❑ No
❑ Yes ❑No
❑ Yes ❑No
❑ Yes ❑ No
❑ Yes ❑ No
❑ Yes ❑ No
❑ Yes ❑ No
Add additional details as needed by copying this page. Make sure you return the signature and fable page(s) together.
A Dtviston of Health Care Service Corporation, a Mutual Legal Reserve Comparry, an Independent Ltcewee of the Blue Cass and Blue ShleldAsmcianon
Grandfathered Health Plan Form —ASO Page 2 of 2
Vol. 211 Pg. 71
PPO ASO Standard— Network Deductible
BENEFIT HIGHLIGHTS Prepared
E3lueCross igneShield
of Texas
Blue Choice Network
for Brazos County
(Important Note: (Delete before external distribution) —This hlghlightsheet does not replace the ACA required SBC. Ali benefit documents must be
completed and emailed to ACA- Uniform Summaries. The SBC mustbe given to the group during their open onrollmentperiod.)
This is a general summary of your benerits. Please refer to your Summary of Benefits and Coverage (SBC), or you may request a copyof the policy orplan
document for additional details and a description of the plan requirements and benefit design. This plan does not coverall health care expenses. Please carefully
Deductibles
Per-admission Deductible
Calendar Year Deductible
Applies to all Eligible Expenses except Inpatient Hospital Expenses (unless
otherwise indicated)
Three -month Deductible carryover applies
Out-of-Pocket Maximum
Deductibles are not applied to the Out -of- Pocket Maximum. Copayment
Amounts are applied but will continue to be required after the benefit
percentages Increase to 100 %. Your benefit booklet will provide more details.
None
None
$250 Individual
$500 Individual
$500 Family
$1000 Family
No
No
$2,00OIndividuall I $6,000Individuall
$4,000 Family $i2,000 Family
Benefds used I"eNrork and Out- M- Netnrk will apply rovsrd satisfying any Annual Maximum benefits indicated
A Division of Health Care Service Corporation, a Mutual Legal Reseme Company, an Independent Licensee of the Blue Cross and Blue Shield Association
GF 151 +business- PP6ASO arxlard-wdh Network Deducift egecSLe OIAI2014 (rev 10/25H3) Page f of4
Vol. 211 Pg. %off
Network Deductible & Out -of-
Out -of- Network Deductible & Out -of-
Pocket will only apply toward
Pocket will also apply toward
Network Deductible & Out -of-
Network Deductible & Out -of- Pocket
Pocket Maximum
Maximum
Copayment Amounts Required
Physician office visiticonsultation
$20 Copayment Amount
Refer to Medical/Surgical Expenses section for more information
Urgent Care center visit
$20 Copayment Amount
Refer to Urgent Care Services section formore information
Outpallent Hospital Emergency Roomrrreatment Room visit
$100 Copayment Amount
$100 Copayment Amount
Refer to Emergency Roomyfreatment Room section for more information
Maximum Lifetime Benefits
Per Pa
Unlimited
�. WON'
Inpatient Hospital Expenses
All services must be preauthodzed
All usual Hospital services and supplies, Including semlpdvate room, intensive
85% of Allowable Amount
30% of Allowable Amount after
care, and coronary care units
Calendar YearDeductible
Penaltv for failure to Dreauthorize services
_ None
$250
Benefds used I"eNrork and Out- M- Netnrk will apply rovsrd satisfying any Annual Maximum benefits indicated
A Division of Health Care Service Corporation, a Mutual Legal Reseme Company, an Independent Licensee of the Blue Cross and Blue Shield Association
GF 151 +business- PP6ASO arxlard-wdh Network Deducift egecSLe OIAI2014 (rev 10/25H3) Page f of4
Vol. 211 Pg. %off
PPO ASO Standard - Network Deductible
of f ueCrosa ISt1teS�iefd
Texaa
Out-of-Network
MedicallSurgical Expenses (cont.) Benefits Benefits
Medical / Surgical Expenses
Services performed during the Physician's office vieticonsuftation, 100% of Allowable Amount after $20 30% of Allowable Amount after
including lab & x-ray (does not include Certain Diagnostic Procedures and Copsyment Amount Calendar Year Deductible
surgical services)
Lab & x -ray in other outpatient faculties (excluding Certain Diagnostic 100% of Allowable Amount 30% of Allowable Amount after
Procedures) Calendar Year Deductible
- Physician surgical services performed in any setting 85% of Allowable Amount after 30% of Allowable Amount after
- Physician inpatient hospital visits
- Certain Diagnostic Procedures; such as Bone Scan, Cardiac Stress Test,
CT Scan (with or without contrast), MRI, Myctogram, PET Scan.
-Home Infusion Therapy (Services must be preauthortzed)
-All other outpatient services and supplies
All services must be preauthodzed
Skilled Nursing Facility
Home Health Care
Serious Mental Illness
Mental Health Care
Treatment of Chemical Dependency
Inpatient Services (All services must be preauthorized)
- Hospital services (facility)
(Inpatient Chemical Dependency treatment must be provided in a
Chemical Dependency Treatment Center)
- Physician services
Outpatient Services (Certain services must be preauthorizei
to benefit booklet for details)
Services performed during Physician office visi9consullation
(does not Include psychological testing)
Calendar Year Deductible
85Y* of Allowable Amount after
Calendar Year Deductible
85% of Allowable Amount after
Calendar Year Deduc ble
8591 of Allowable Amount after
Calendar Year Deductible
85% of Allowable Amount after
Calendar Year Deductible
30% of Allowable Amount after
Calendar Year Deductible
30% of Allowable Amount after
Calendar Year Deductible
30% of Allowable Amount after
Calendar Year Deductible
30% of Allowable Amount after
100% of Allowable Amount I 30 %ofAllowahleAmountafter
Calendar Year Deductible
Limited to 25 day maximum each Calendar Year'
Limited to 60 visit maximum each Calendar Year'
85% of Allowable Amount
85% ofABowable Amount after Calendar
100% of Allowable Amount after $20
Copsyment Amount
85% of Allowable Amount after Calendar
' Benefits used In- Network and Out -0I - Network will apply toward satisfying any Annual Maximum benefits indicated
30% of Allowable Amount after
Calendar Year Deductible
30% of Allowable Amount sitar
30% of Allowable Amount after
Calendar Year Deductible
30% of Allowable Amount after
A Division of Health Care Service Corporation, a Mutual Legal Reserve Company, an Independent Licensee of the Blue Cross and Blue Shield Association
GF 151 +business- PPO-ASO- Standard -with Network Deductible effective OIMM14 (rev 10125113) Page 2of4
VA 211 Pg. V
PPO ASO Standard - Network Deductible
Emergency Room77reatment Room
Accidental Injury & Emergency Care
- Facility charges
- Facility, charges
- Physician charges
Urgent Care Services
Urgent Care center visit, including lab & x-ray services (does not include
Certain Diagnostic Procedures and surgical services)
Certain Diagnostic Procedures; such as Bone Scan, Cardiac Stress Test,
CT Scan (with or without contrast), MR], Myelogram, PET Scan, surgical
Ground and Air Ambulance Services
Preventive Care
Routine annual physical examinations, well -baby care exams,
immunizations for Participants 6 years of age & over, vlslon exams and
heading exams
Immunizations for Dependent children through the date of the child's 6a
birthday
Speech and Hearing Services
4 �lh E1luecrosslilneShield
r W) of Texas
85% of Allowable Amount after $100 Copayment Amount
(Copayment Amount waived if admitted, Inpatient Hospital Expenses will apply)
85% of Allowable Amount after Calendar Year Deductible
85% of Allowable Amount after $100 30% of Allowable Amount after $100
Copsyment Amount (Copayment Copayment Amount & Calendar Year
Amount waived If admitted, Inpatient Deductible (Copayment Amount
Hospital Expenses will apply) waived if admitted, Inpatient Hospital
Expenses will apply)
85% of Allowable Amount after Calendar 1 30% of Allowable Amount after
100% of Allowable Amount after $20
30% of Allowable Amount after
Copayment Amount
Calendar Year Deductible
85% of Allowable Amount after Calendar
30% of Allowable Amount after
Year Deductible
Calendar Year Deductible
85% of Allowable Amount after Calendar Year Deductible
100% of Allowable Amount after $20
Copayment Amount
® 100% of Allowable Amount
30% of Allowable Amount after
Calendar Year Ded uctible
®100% of Allowable Amount
Services to restore loss of or correct an Impaired speech or hearing
I
function
Covered same as any other sickness
Covered same as any othersickness
Hearing Ald Maximum
Hearing aids are subject to 1 per earper36 month period'
OR
Covered same as any other sickness
Covered some as any other sickness
Services to restore loss of or correct an impaired speech or hearing
function with hearing aids
OR
Covered same as any other sickness
Covered same as any other sickness
Services to restore loss of or correct an Impaired speech or hearing
function without hearing aids
Physical Medicine Services
Chiropractic Care-Office Servlces
75% of Allowable Amount after Calendar
I 30% of Allowable Amount after
Year Deductible
Calendar Year Deductible
Calendar Year Maximum
Limited to 35 visits each Calendar Year'
Physical Medicine Services (includes, but is not limitedtophysical,
85% of Allowable AmountalterCalendar
30% of Allowable Amount after
occupational, and manipulative therapy)
Year Deductible
Calendar Year Deductible
Calendar Year Maximum
Limited to 30 visits each Calendar Year'
' Benefits used In- Network and Out-of-Network will apply toward satisfying any Annual Maximum benefits indicated
A Division of Health Care Service Corporation, a Mutual Legal Reserve Company, an Independent Licensee of the Blue Cross and Blue Shield Association
GF 151+bualness- PPO -ASO- Standard -with Network Deductible effective 011012014 (rev 10125113) Page 3 of 4
-- Vol. 211 Pg.
PPO ASO Standard- Network Deductible
EMPLOYEE INFORMATION
09 Bl ueCross lilue$hf el(l.
of Texas
This is a general Summary of your benefit design. Please refer to your benefit booklet for other details and for limitations and exclusions.
The following benefits apply to dependent coverage:
• Dependent children are covered to age 26.
• Automatic coverage for newborns for the first 31 days following birth. Infants not enrolled for coverage within the first 31 days after birth will not be eligible for
coverage until the following open enrollment period or special enrollment event.
Payments: Network providers agree to accept amounts negotiated with BCBSTX and are paid according to this BCBSTX -determined Allowable Amount. Covered
individuals are responsible for any required Deductibles, Coinsurance Amounts, and Copayments. Plan benefits paid to Out -of- Network providers are also based on the
BCBSTX -determined Allowable Amount. Covered individuals will be responsible for charges in excess of the Allowable Amount in addition to any applicable Deductibles,
Coinsurance Amounts, and Copayments. For cost savings information, refer to the section on ParPlan Providers and the definition of Allowable Amount in the benefit
booklet.
Replacement of Medical Coverage: In compliance with the Health Insurance Portability and Accountability Act of 1996 (HIPAA), the following provisions apply to
each eligible participant who has health coverage under the employers plan immediately prior to the effective date of the health contract between the employer and
BCBSTX (the contract dale):
• Benefits for eligible expenses incurred for any service or supplies prior to the contract date, are not covered under the contract.
• Eligible expenses for services or supplies incurred on or after the effective date will be considered for benefits subject to all applicable contract provisions.
Members residing in other states may use that state's network through the BlueCard program. To locate a participating provider in your state, please contact
1b0U10 -BLUE or visit our web site at bcbstx.00m to use our Provider Finderm tool.
This benefit plan design includes provisions mandated by the Affordable Care Act of 2010, and is subject to change upon direction by federal and state agencies.
Group Executive Name a d Title ignature Date
(Please type or print)
Agent of Record Name
(Please print or type)
Signature
Date
BCBSTX Representative Name Signature Date
(Please print or type)
A Division of Health Care Service Corporation, a Mutual Legal Reserve Company, an Independent Licensee of the Blue Cross and Blue Shield Association
GF 151 +business- PPO- ASO- S1andardivifh Network Deductible effective 01X1!1014 (rev 10/25/13) / Page4cf4
Vol. 211 Pg. I J
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FUNDING AGREEMENT
BETWEEN BRAZOS COUNTY AND
RESEARCH VALLEY PARTNERSHIP, INC.
THIS FUNDING AGREEMENT ( "Agreement ") is effective October 1, 2014 by and
between BRAZOS COUNTY, TEXAS, a body corporate and politic under the laws of
the State of Texas, (hereinafter referred to as "County"), and the RESEARCH VALLEY
PARTNERSHIP, INC., a Texas non -profit corporation (hereinafter referred to as "RVP ").
RECITALS:
WHEREAS, the Commissioners Court of Brazos County desires to stimulate
business and commercial activity in the County; and
WHEREAS the County wishes to contract with RVP as its agent pursuant to
TEX. LOC. GOVT CODE ANN. §381.004 to administer the County's program for local
economic development (herein the Brazos County Economic Development Program);
and
WHEREAS, the County desires to diversify its economy, increase and broaden
its tax base, provide more and better employment opportunities for its citizens and
promote the general public welfare; and
WHEREAS, it is important to the County to attract and expand business,
commercial and industrial enterprise in order to accomplish this purpose; and
WHEREAS, RVP is an agency with specific expertise in the field of economic
development and administering governmental economic development guidelines; and
WHEREAS, the County has determined that this Agreement is for the personal or
professional services and therefore exempt from competitive bidding under Chapter
262, Local Government Code.
THEREFORE, in consideration of the mutual understandings and agreements
set forth, the County and RVP agree as follows:
AGREEMENT:
ARTICLE 1
Qualifications of the RVP
1.1 The RVP represents that:
1015 RYPAgmement
Vol. 211 Piz.
Page 1 of
7
(a) The RVP is a non - profit entity that is authorized and experienced in the
administration and furtherance of economic development programs in all
or a portion of the County;
(b) The RVP has expertise and skills to attract new businesses to the County,
to encourage the expansion of existing businesses in the County, or to
retain existing businesses in the County, pursuant to the County's
economic development guidelines and Chapters 311, 312 and Sections
381.003 and 381.004 of the Texas Local Government Code;
(c) The RVP shall cooperate with and use the services of the Texas
Department of Economic Development.
ARTICLE II
Definitions
2.1 "Economic Development Guidelines" means the County's financial criteria
on file used to determine qualification for receiving Incentive Funds.
2.2 "Project Performance Standards" means individual performance terms and
requirements established by agreement between the County and any
employer/business to receive Incentive Funds.
2.3 "Program Projects" means uses of the Incentive Funds, or a portion
thereof, as approved by the County, to provide incentives or assistance to
businesses/employers which results in the public purpose of economic development,
diversification, expansion, and employment being served, pursuant to the County's
Economic Development Guidelines.
2.4 "Program Standards" means standards that an employer /business must
meet in order to qualify for Incentive Funds.
ARTICLE III
Term
3.1 The term of this Agreement is for one (1) year, being effective as of
October 1, 2014, and ending on September 30, 2015, (the "Present Term "), unless
earlier terminated as provided herein.
3.2 Either party may terminate this Agreement on sixty (60) days prior written
notice to the others.
3.3 Upon receipt of any termination, the County agrees to continue funding a
program project that had been previously approved by the County.
2015 BYP Agreement
Vol. 211 Pg. %%
Page 2 of
ARTICLE IV
Administration Services
4.1 RVP agrees to provide all administrative services necessary to administer
the County's Economic Development Program and program standards set forth herein.
4.2 Pursuant to the authority granted in Chapter 381 of the Texas Local
Government Code, the administrative services to be provided include, but are not
limited to:
(a) corresponding with and negotiating with potential or existing
business/employers for Program Projects that will develop, diversify
and /or expand the Brazos County economy, develop or expand
transportation or commerce in the State, and /or serve the purpose
of eliminating unemployment in Brazos County.
(b) establishing Project Performance Standards for each Program
Project that are consistent with the Program Standards set out in
the County's Economic Development Program and herein;
(c) obtaining contracts between the County and businesses /employers
for Program Projects whereby the business /employer agrees to
meet the County's Project Performance Standards, and which
provide assurances that the County's Project Performance
Standards will be met; and
(d) compliance with all requirements of this Agreement.
4.3 The RVP shall receive the sum of Three Hundred Fifty Thousand
and No /100 Dollars ($350.000.00) as compensation for the administrative services to be
provided hereunder (herein the "Administration Funds "). County shall. pay such sum on
a monthly basis by paying the RVP one - twelfth (1/12) of the total sum referenced
above.
ARTICLE V
Incentive Funding
5.1 County has appropriated One Hundred Sixty Four Thousand and No /100
Dollars ($164.000.00) ('Incentive Funds ") for the purpose of funding Economic
Development Grants entered into by the County under its Economic Development
Program. The Incentive Funds shall be divided and designated as follows:
2015 MAgnemenl
(a) $45,000 of the Incentive Funds shall be appropriated for those
Economic Development Grants under which the County is currently
obligated; and
Vol. 211 Pg. 00 C/)
Page 3 of 9
(b) $119,000 of the Incentive Funds shall be appropriated as new cash
incentives, which may be used to promote future local economic
development and stimulate commercial activity in the County.
Incentive Funds have been budgeted for the current fiscal year and are payable out of
current revenues.
5.2 Payments of Incentive Funds shall be made as approved and directed by
the County to the qualifying business /employer under approved Program Projects.
5.3 The County Incentive Funds provided for in this Agreement shall be used
only in accordance with the Brazos County Economic Development Guidelines and
program standards.
ARTICLE VI
Use of Incentive Funding
6.1 The County's Program administered by the RVP hereunder consists of the
use of the County's Incentive Funds to develop and diversify the Brazos County
economy, to eliminate unemployment or under - employment, and to expand the local
economy, pursuant to Standards and Guidelines set forth in the Brazos County
Economic Development Guidelines.
6.2 Program Standards. The RVP shall not recommend to the County that an
applicant business /employer receive Incentive Funds unless the applicant
business /employer meets or exceeds the following standards:
(a) is authorized to do business in the State of Texas;
(b) is current and in good standing on all state, local and federal taxes,
assessments and /or fees;
(c) is not in bankruptcy;
(d) is an Equal Employment Opportunity Employer with policies in place and
practiced which prohibit discrimination in employment based on race, sex,
age, national origin, creed, religion, or disability (unless based on bona
fide occupational reason or a reason exempted or approved by the
Americans With Disabilities Act and the regulations promulgated
thereunder);
(e) agrees by written contact directly with the County to meet performance
criteria established by the County in accordance with the County's
Program Standards (hereinafter "Project Performance Standards ") as to
the establishment, expansion, or improvement of business operations in
Brazos County, Texas and /or the employment of residents of the County.
2013 RVP Agreement
Vol. 211 Pg. I"
Page 4 of 9
(f) complies with the current County Economic Development Guidelines for
financial assistance, including the grant to the County of the right to review
and verify the applicant business /employer's financial statements prior to
the grant of any incentive and to review the financial condition of the
project during the term of any incentive, including the right to send
representatives from the County Appraisal District to inspect any facilities
of the applicant business /employer to verify the accuracy of information
provided for the economic incentive. Provisions to this effect shall be
incorporated in every agreement between the applicant
business/employer and the County;
(g) if the proposed program project does not meet the specific job
retention /creation requirements set forth in (f) above, other positive effects
on the local economy of the proposed program project may be taken into
consideration and approved by the County, as recommended by RVP, in
determining whether to pursue funding of a program project. These
include:
1015 RVPAgreemen!
(i) the impact of the Program Project on economically disadvantaged
individuals. An economically disadvantaged individual is an
individual who:
(1) was unemployed for at least three (3) months before
obtaining employment with the qualified business;
(2) receives public assistance benefits, including welfare
payments or food stamps, based on need and intended to
alleviate poverty;
(3) is an economically disadvantaged individual, as defined by
Section 4(8), Job Training Partnership Act (29 U.S.C.
Section 1503(8));
(4) is an individual with handicaps, as defined by 29 U.S.C.
Section 706(8);
(5) is an inmate, as defined by Section 498.001 of the
Government Code;
(6) is entering the workplace after being confined in a facility
operated by the institutional division of the Texas
Department of Criminal Justice or under contract with the
Texas Department of Criminal Justice;
Vol. 2
Page 5 of 9
(7) has been released by the Texas Youth Commission and is
on parole, if state law provides for such a person to be on
parole; or
(8) meets the current low income or moderate income limits
developed under Section 8, United States Housing Act of
1937 (42 U.S.C. Section 14376, at seq.).
(ii) the need for the product/service provided by the businesslemployer
in the local area;
(iii) the estimated multiplier effect on the local economy of the Program
Project either due to the level of wages paid or the injection of
outside funds into the local economy (i.e., tourism, capital
expenditures, purchasing or materials from local businesses, etc.);
and
(iv) the creation of part -time positions, and /or
(v) capital expenditures which have a material and direct positive
impact upon the local economy by providing the following benefits:
1. increases in the local tax base;
2. creation of ancillary jobs and /or jobs for economically
disadvantaged individuals;
3. attraction of other businesses;
4. creation of new sales tax revenues;
5. commercial development of new and existing areas;
6. defining, enhancing and /or redefining job skill level of locally
available work force.
If such considerations indicate that the benefit to the local economy meets or
exceeds that which would be gained by the businessfemployer employing and /or
retaining the number of employees required for the level of funding under subsection (e)
above, the RVP may consider such business as qualifying and therefore recommend
such business /employer to the County upon the approval of the Board of Directors by a
75% or more favorable vote (9 of 12).
(h) All contracts for Program Projects must be in a form approved by the
County and County's legal counsel. The contract must include, but is not limited to,
provisions:
(i) containing the Program Project Performance Standards applicable
to the business /employer, and the business /employer's agreement to comply therewith
in a set time frame;
1015 RVPAgreemenl
Vol. 211 Pg. f3
Page 6of9
(ii) requiring periodic documentation of the business /employer's
compliance with the Project Performance Standards, and giving the RVP and the
County the right to inspect its operations and books to confirm the business/emplayer's
compliance with the Program Project Performance Standards;
(iii) requiring the repayment directly to the County within sixty (60) days
of demand of the funds appropriated to the Program Project by the County if the
applicant business /employer fails to meet the County's Project Performance Standards
or otherwise is in material breach of its Agreement with the County, and giving the
County the right to sue the applicant business /employer to enforce the contact between
the County and the business /employer, and to recover all attorney's fees and costs
incurred in doing so;
(iv) requiring the business /employer to make draw requests for the
funding from the County, which requests must show in detail how the money and /or
property will be applied /used, or for what the reimbursement is sought, and which
contain such documentation as is required by the County; and
(vi) requiring compliance with all applicable laws regarding the
provision of equal employment opportunities.
ARTICLE VII
Accounting
7.1 RVP agrees that Brazos 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. RVP 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. RVP 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. RVP agrees that Brazos 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 RVP under prior Agreements.
Brazos County Commissioners Court may, in its sole discretion, require that an
independent financial audit be performed on the records of RVP. If an independent
financial audit is performed, a management letter will be prepared by the auditor as part
of the process and a copy of said management letter shall be delivered to the Brazos
County Commissioners Court. The management letter shall identify issues that might
not otherwise require disclosure in the RVP annual financial report, but which are of
concern to or under the suggestion of the auditor. 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 RVP.
2015 RVP Agreement
Vol. 211 Pg. ��
Page 7 of
Annual financial statements (audited if available) are due to Brazos County within six (6)
months of completion.
ARTICLE VIII
Miscellaneous Terms
8.1 Notice. Notices or correspondence under this Agreement to either party
from the other may be personally delivered or sent by First Class Mail, or other reliable
courier.
Notice to the County shall be sent to:
Duane Peters, County Judge
Brazos County Administration
200 So. Texas Ave., Suite 332
Bryan, Texas 77803
Notice to the RVP shall be sent to:
Todd McDaniel, President and CEO
Research Valley Partnership, Inc.
1500 Research Parkway, Suite 270
College Station, Texas 77845
8.2 Severability. No partial invalidity of this Agreement shall affect the
remainder unless the public purpose to be served hereby is so greatly diminished
thereby as to frustrate the object of this Agreement.
8.3 Amendment. During the term of this Agreement, if certain areas need
further clarification or revision, the parties will work in good faith to arrive at written
memorandums or understandings regarding those areas. Any amendment of this
Agreement must be in writing, and executed by a duly authorized representative of each
party.
8.4 Assignment. This Agreement cannot be assigned or performed by
subcontractors except with the written consent of both parties.
8.5 Not Joint Venture: Independent Contractor. The parties agree that this is
not a joint venture, partnership or employee - employer relationship and that neither party
shall have the authority to bind or incur liability to the other without the other's prior
written permission. Furthermore, the RVP shall be considered an independent
contractor agent for the sole and limited purpose only of administering the County's
economic development guidelines and program project standards pursuant to the grants
2015 RYP Agreement
Vol. 211 Pg. J
Page 8 of 9
of authority given the County under Chapter 311, 312 and 381 of the Texas Local
Government Code.
8.6 Applicability of Texas Law. The laws of the State of Texas shall govern
this Agreement, except where clearly superseded by federal law.
8.7 Venue. The place of performance of this Agreement is Brazos County,
Texas, and all consideration payable hereunder and things to be done pursuant hereto
shall be deemed to be payable and performable in Brazos County, Texas. Venue of any
dispute arising out of this Agreement or performance hereunder shall be fixed for all
purposes in Brazos County, Texas.
8.8 Entire Agreement and Binding Authority. This Agreement supersedes and
constitutes a merger of all prior oral and /or written agreements and understandings of
the parties on the subject matter of this Agreement and is binding on the parties and
their successors, agents and assigns:
8.9 Waiver. No waiver by either party of any provision of this Agreement shall
be effective unless in writing, and such waiver shall not be construed as or implied to be
a subsequent waiver of that provision or any other provision. The signatories hereto
have the authority and have been given any approvals necessary to bind by this
Agreement the respective parties for which they sign.
BRAZOS COUNTY, TEXAS
By:
Duane Peters, County Judge
Attest:
By:
Karen McQueen, County Clerk
1015 RVPAgreewn!
RESEARCH VALLEY PARTNERSHIP,
INC., a Texas non - profit corporation
By: 2 (�
hairman of the Board
Vol. 211 Pg. YZ
Page 9 of 9
I
SERVICE CONTRACT
BRAZOS COUNTY PURCHASING DEPT.
Brazos County Courthouse
200 S. Texas Ave., Ste. 352 IQ No. 2015 -02
Bryan, Texas 77803 Reference IQ # 2013 -70
Telephone (979) 3614294 Page 1 of 7 Pages
GENERAL REQUIREMENT FOR CONTRACT
I, A ke, Xet4. as a duly authorized representative of PaX,• l 04i c
1� 0/o "Contractor" willingly attest to perform (or deliver) as per "Maintenance Agreement"
for Brazos County. I further agree to all of the provisions and specifications contained in this contract.
MAINI'ENACE /SERVICE AGREED TO
Contractor agrees to provide maintenance and service on Brazos County owned copiers listed in Exhibit
"A ", and Exhibit "B ". Contractor agrees to provide service in a timely manner with no less than a four
(4) hour response time. Maintenance will be performed during business hours in accordance with the
location of the department where the copier is located. Business hours may vary depending on the
location of the copier.
For all maintenance or service required on any of the listed copiers, it is required that only original
equipment manufacturer (OEM) parts be used for replacement of parts.
Toner and staples will be provided for the Contractor for the life of this contract to include any future
renewals or extensions.
ASSIGNMENT
The successful offeror may not assign, sell or otherwise transfer this contract without written permission
of Brazos County Commissioners Court. Should there be a change in ownership or management; the
contract shall be terminated unless a mutual agreement is reached with the new owner or manager to
continue the contract with its present provisions and prices.
QUANTITIES
The quantities specified in this agreement are estimates only. Brazos County does not guarantee to
purchase any minimum quantities or services other than those listed on a purchase order.
CONTRACT RENEWALS
Renewals may be made ONLY by written agreement between Brazos County and the offeror. Any and
all price escalations shall not be accepted and shall be considered a non - response.
Vol. 211 Pg. Y 7
SOQ Continuation Sheet IQ Request No. 201502
BRAZOS COUNTY, TEXAS Page 2 of 7 Pages
HOLD HARMLESS AGREEMENT
Contractor, the successful offeror, shall indemnify and hold Brazos County harmless from all claims for
personal injury, death and/or property damage resulting directly or indirectly from contractor's
performance. Contractor shall procure and maintain, with respect to the subject matter of this bid,
appropriate insurance coverage including, as a minimum, public liability and property damage with
adequate limits to cover contractor's liability as may arise directly or indirectly from work performed
under terms of this bid. Certification of such coverage must be provided to Brazos County upon request.
ADDITION/MODIFICATION OF LOCATIONS OR SERVICES
Brazos County reserves the right to add locations as these additional locations may be required.
Locations to be added may include, but not limited to, expansions or additions to existing facilities and
acquisition or construction of new properties. In the event that Brazos County makes significant
structural changes to an existing facility that impacts the contractor's cost in providing the services
anticipated by this contract such change may be treated as a new facility and the procedures provided for
in this section may be followed in determining an appropriate price.
In the event Brazos County wishes to add other locations to a group under the Contract, a quotation will
be solicited from the incumbent contractor in good standing for the group in which the new location is
appropriately situated.
In the event Brazos County shall sell, vacate, abandon, or otherwise dispose or terminate a location to
which the contract applies, all existing contracts or agreements or services applicable to such location,
the portion of this contract that applies to such locations is terminated. All remaining portions of the
contract will remain intact. Brazos County will endeavor to give the Contractor written notice of such
termination of locations a minimum of thirty (30) days in advance.
INVOICES & PAYMENTS
Payments to Contractors will not be made if the Contractor cannot produce a Brazos County Purchase
Order. Offerors shall submit an original invoice on each purchase order or purchase release after each
delivery, indicating the purchase order number. Invoices must be itemized. Any invoice, which cannot
be verified by the contract price and/or is otherwise incorrect, shall be corrected by the Contractor.
When multiple deliveries and/or services are required, the offeror may invoice following each delivery
or performance of service and Brazos County will pay on invoice with in thirty (3 0) days upon receipt of
invoice. Contracts providing for a monthly charge will be billed and paid on a monthly basis only. The
Contractor will provide an invoice for each month in which Brazos County is responsible for payment,
during the duration of the contract. Prior to any and all payments made for goods and/or services
provided under this contract, the offeror should provide his Taxpayer Identification Number or social
security number as applicable. This information must be on file with Brazos County Auditor's office.
Failure to provide this information may result in a delay in payment and/or back -up withholding as
required by the Internal Revenue Service.
PRICING
Prices for all goods and/or services shall be firm for the duration of this contract and shall be stated on
the Pricing/Delivery Information form. Prices shall be all inclusive: No price changes, additions, or
subsequent qualifications will be honored during the course of the contract. All prices must be
written in ink or typewritten. Pricing on all transportation, freight, drayage and other charges are to be
Vol. 211 Pg. (-
SOQ Continuation Sheet
BRAZOS COUNTY, TEXAS
1Q Request No. 2015 -02
Page 3 of 7 Pages
prepaid by the contractor and included in the bid prices. If there are any additional charges of any kind,
other than those mentioned above, specified or unspecified, offeror MUST indicate the items required
and attendant costs or forfeit the right to payment for such items. Where unit pricing and extended
pricing differ, unit pricing prevails.
TAXES
Brazos County is exempt from all federal excise, state and local taxes unless otherwise stated in this
document. Brazos County claims exemption from all sales and/or use taxes under Texas Tax Code
§151.309, as amended. Texas Limited Sales Tax Exemption Certificates will be furnished upon written
request to Brazos County Purchasing Agent.
GOVERNING FORMS
In the event of any conflict between the terms and provisions of these requirements and the
specifications, the specifications shall govern. In the event of any conflict of interpretation of any part
of this overall document, Brazos County's interpretation shall govern. In the event of a conflict between
the terms, conditions, provisions, and specifications of this document and any other terms, conditions,
provisions, and specifications provided by the Contractor; the terms of this document shall supersede.
GOVERNING LAW
This bid solicitation is governed by the competitive bidding requirements of Brazos County Purchasing
Act, Texas Local Government Code, §262.021 et seq., as amended. Offerors shall comply with all
applicable federal, state and local laws and regulations. Offeror is further advised that these
requirements shall be fully governed by the laws of the State of Texas and that Brazos County may
request and rely on advice, decisions and opinions of the Attorney General of Texas and Brazos County
Attorney concerning and portion of these requirements.
DISQUALIFICATION OF OFFEROR
Upon signing this bid document, an offeror offering to sell supplies, materials, services, or equipment to
Brazos County certifies that the offeror has not violated the antitrust laws of this state codified in Texas
Business and Commerce Code §15.01, et seq., as amended, or the federal antitrust laws, and has not
communicated directly or indirectly the bid made to any competitor or any other person engaged in such
line of business. Any or all bids may be rejected if Brazos County believes that collusion exists among
the offerors. Bids in which the prices are obviously unbalanced may be rejected. If multiple bids are
submitted by an offeror and after the bids are opened, one of the bids is withdrawn, the result will be that
all of the bids submitted by that offeror will be withdrawn; however, nothing herein prohibits a
Contractor from submitting multiple bids for different products or services.
SEVERABILITY
If any section, subsection, paragraph, sentence, clause, phrase or word of these requirements or the
specifications shall be held invalid, such holding shall not affect the remaining portions of these
requirements and the specifications and it is hereby declared that such remaining portions would have
been included in these requirements and the specifications as though the invalid portion had been
omitted.
Vol. 211 Pg.
SOQ Continuation Sheet IQ Request No. 2015 -02
BRAZOS COUNTY, TEXAS Page 4 of 7 Pages
SILENCE OF SPECIFICATIONS
The apparent silence of specifications as to any detail, or the apparent omission from it of a detailed
description concerning any point, shall be regarded as meaning that only the best commercial practice is
to prevail and that only material and workmanship of the finest quality are to be used. All
interpretations of specifications shall be made on the basis of this statement. The items furnished under
this contract shall be new, unused of the latest product in production to commercial trade and shall be of
the highest quality as to materials used and workmanship. Manufacturer furnishing these items shall be
experienced in design and construction of such items and shall be an established supplier of the item bid.
TERMINATION
Brazos County reserves the right to terminate the contract for default if offeror breaches any of the terms
therein, including warranties of offeror or if the offeror becomes insolvent or commits acts of
bankruptcy. Such right of termination is in addition to and not in lieu of any other remedies which
Brazos County may have in law or equity. Default may be construed as, but not limited to, failure to
deliver the proper goods and/or services within the proper amount of time, and/or to properly perform
any and all services required to Brazos County's satisfaction and/or to meet all other obligations and
requirements. Brazos County may terminate the contract without cause upon thirty (30) days written
notice.
POLICY REQUIREMENTS FOR CERTIFICATE OF INSURANCE
CONTRACTOR'SINSURANCE
The Contractor /Contractor, before starting work for Brazos County, must furnish Brazos County a
Certificate of Insurance or other acceptable evidence from a reputable insurance company or companies
with an A.M. Best Rating of AA@ (such companies to be acceptable to Brazos County) licensed to
write insurance in the state of Texas, showing that the Contract is covered by the insurance as follows:
(1) Statutory Workers Compensation Insurance with Employers Liability Insurance in the amount of
$1,000,000. In the event any work is sublet, the Contractor shall require the subcontractor
similarly to provide the same coverage and shall himself acquire evidence of such coverage on
behalf of the subcontractor. (TLC Sec. 401.011)
(2) Commercial General Liability Insurance with a $ 1,000,000 Combined Single Limit. The policy
shall be on the Comprehensive General Liability 1986/90 occurrence form, and shall include
coverage for acts of independent contractors, and shall name Brazos County as an additional
insured. Waiver of subrogation is required. No claims made Policies are acceptable without
prior anmoval by the Commissioners Court/Risk Management.
ment.
(3) Automobile Public Liability Insurance with a $ 500,000 Combined Single Limit, in all self -
propelled vehicles used in connection with the contract, whether owned, non -owned or hired.
Waiver of subrogation is required.
The Certificate of Insurance furnished to Brazos County shall contain a provision that coverage under
such policies shall not be canceled or materially changed until at least 30 days prior written notice has
been given to Brazos County
Vol. 211 Pg. �d
$OQ Continuation Sheet
BRAZOS COUNTY, TEXAS
IQ Request No. 2015 -02
Page 5 of 7 Pages
LIMITATIONS
The parties are aware that there are constitutional and statutory limitations on the authority of Brazos
County to enter into certain terms and conditions of the Agreement, including, but not limited to,
authorizations of the placement of liens on Brazos County property; disclaimers and limitations of
warranties; disclaimers and limitations of liability for damages; waivers, disclaimers and limitations of
legal rights, remedies, requirements and processes; limitations of periods to bring legal action; granting
control of litigation or settlement to another party; liability for acts or omissions of third parties;
payment of attorneys' fees; dispute resolution; indemnities; and confidentiality (collectively, the
"Limitations "). Any Agreement terms and conditions related to the Limitations will not be binding on
Brazos County except to the extent authorized by the laws and Constitution of the State of Texas.
COVERAGES/WAGES
Nothing in this Agreement shall be construed as making Brazos County responsible for the payment of
compensation and/or any benefits for Contractor including health, property, motor vehicle, workers'
compensation, disability, death, and dismemberment insurance for the Contractor's employees and/or
equipment. Nothing in the Agreement shall be construed as making Brazos County responsible for
wages, materials, logistical support, equipment, and related travel expenses incurred by the Contractor.
SOVEREIGN IMMUNITY
The parties understand that Brazos County does not waive or relinquish any immunity or defense on
behalf of itself, officers, employees, agents, and volunteers as a result of its execution of this Agreement
and the performance of the covenants contained herein. Further, Brazos County is not responsible for
any civil liability that arises from any act or omission made within the course and scope of this
Agreement. The Parties understand and agree that Brazos County does not assume civil liability under
any theory of law for the actions of the Contractor in providing services hereunder.
NOTICES
Notices shall be mailed to the addresses designated herein or as may be designated in writing by the
parties from time to time and shall be deemed received when sent postage prepaid U.S. Mail to the
following addresses;
BRAZOS COUNTY:
Brazos County, Texas
Duane Peters, Brazos County Judge
200 South Texas Avenue, Suite 332
Bryan, Texas 77803
CONTRACTOR:
Sales Contact Name: Phone Number:
Info:
ASSIGNABILITY
This agreement may not be assigned without the prior written permission of Brazos County.
Vol. 211 Pg.
90Q Continuation Sheet
BRAZOS COUNTY, TEXAS
IQ Request No. 2015 -02
Page 6 of 7 Pages
FISCAL FUNDING CLAUSE
Notwithstanding any provisions contained herein, the obligations of Brazos County are expressly
contingent upon the availability of funding for the obligations contained herein for the term of the
Agreement and any extensions thereto.
AVAILABILITY AND RETENTION OF RECORDS
All records relating to the service provided under this contract and supporting documentation for invoices
submitted to Brazos County by the Contractor shall be retained and made available by the Contractor for
audit by Brazos County, it duly authorized representatives, the State of Texas (including, but not limited
to the Auditor of the State of Texas, Inspector General or duly appointed law enforcement officials) and
agencies of the United States Government. Such records shall be returned by Contractor and made
available for any time period required by state or federal law. If changes occur in the governing state or
federal law, regarding retention records, Contractor shall comply with such changes. If an audit is
initiated before the expiration of such time periods required by state or federal law regarding retention of
records, the Contractor shall retain such records until the audit is concluded and all issues resolved.
Contractor shall provide Brazos County with copies of such audits that be conducted with respect to the
contract.
AUDIT RESPONSIBILTY
The Contractor shall be responsible for receiving, replying to and/or complying with any audit exception
by appropriate federal, state or local audit directly related to the provision of this contract.
The Contractor shall repay to Brazos County the full amount received for duplicate billings, erroneous
billings, false or deceptive claims. The Contractor recognizes and agrees that Brazos County may
withhold any money due and recover through any appropriate method any money erroneously paid under
this contract if evidence exists of less than full compliance with this contract.
Vol. 211 Pg. �a?
SOQ Continuation Sheet IQ Request No. 2015 -02
BRAZOS COUNTY, TEXAS Page 7 of 7 Pages
INDENMFICATION
The Contractor shall defend, indemnify and save harmless Brazos County and all its officers, agents, and
employees from all suits, actions, or claims of any character, name and description including attorney's
fees expenses brought for or on account of any injuries or damages received or sustained by any person
or persons or property, by or from the said Contractor or his employees or by or in consequence of any
negligence in safeguarding the work, or through the use of unacceptable materials in construction of the
work, or by or on account of any act of omission, the Worker Compensation Law or any other law,
ordinance, order or decree, and so much of the money due the said Contractor under and by virtue of his
contract as shall be considered necessary by Brazos County may be retained for the use of Brazos
County, or in case no money is due, his sureties shall be held until suit or suits, action or actions, claim
or claims for injury or damages as aforesaid shall have been settled and satisfactory evidence to that
effect furnished Brazos County. Contractor shall defend, indemnify and save harmless Brazos County,
its officers, agents and employees in accordance with this indemnification clause regardless of whether
the injury or damage is caused in part by Brazos County, its officers, agents or employees.
The undersigned affirms that they are duly authorized to execute this contract, that this proposal has not
been prepared in collusion with any other Proposer, and that the contents of this proposal have not been
communicated to any other Proposer prior to the official opening of this proposal. The signatory also
agrees to all provisions and sRecifcateggns of this contract.
Signed By:
Typed Name:
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Email Address: M f- esca p '4'" '/i - art
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Employer Identification Number: ,58 -.2 fd'/ fY 7_
Approv d by Co missioner ourt on this !the S day of 0Cf. 2014 by
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Vol. 2 11 Pg. f
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Austin 512-836-2100
Corpus Christ[ 361-289-0900
Harlingen 956-425-3010
Laredo 956-724-8188
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Bryan 979-774-2200
El Paso 915-595-2250
Houston 713-329-9909
San Antonio 210-805-8200
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Name:
Name:
BRAZOS COUNTY
BRAZOS COUNTY-PURCHASING
Address:
Address:
200 SOUTH TEXAS AVENUE, SUITE 352
City/State/Zip/County
city/State/zip/County
BRYAN, TX 77803
BRYAN, TX 77803
Contact:
Phone:
I
Contact:
Phone:
LESLIE CONTRERAS
1979-361-4294
Hours of Operation:
Fa
Email address:
I
LCONTRERAS@BRAZOSCOUNTYTX. GOV
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SPECIAL INSTRUCTIONS:
DEAL 31650 & 32548. NO ANNUAL INCREASE. STAPLES INCLUDED
MAINTENANCE MONTHLY BASE:
1,267.21
❑ Included In Lease Agreement ❑ Billable Monthly $
MFP:
COLOR QUBE:
Included # of impressions: Overage Rate:
Included # of Impressions: Overage Rate:
Black 155,000 $0.006
Meters N/A $ N/A
Color 7,000 $0.046
Meter ZN/A $ N/A
meter3N/A
Electrical Requirements:
7 Sole Use C�Irwlt�
❑ Dedicated Line
0 Special:
ALL OVERAGES BILLED QUARTERLY
❑ Automated Meter Collection C3 Manual Meter Collection
Customer Signature: Account Manager:
Date:
Title:
Data:
Credit Approval Signature:
Date:
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Rew. 9/22
Vol. 211 Pg. /�/
MAINTENANCE AGREEMENT- TERMS AND CONDITIONS
1. Dahill ensures that the equipment it sells will perform to manufacturer's specifications when operated within the following guidelines:
a. Machines must be used in a climate controlled environment, free from excessive dust and ammonia fumes;
b. Machines must be set up and operated according to manufactures specifications;
c. Machines should be operated and serviced within the specified volume limitations;
d. Only supplies within manufacturer required specifications should be used.
e. Machines must be operated an an isolated electrical line unless otherwise noted.
Machines operated outside the above listed conditions will not be covered within the terms of this contract and will he subject to additional service fees on a per
call basis. Repairs due to abuse, misuse, accidents and /or natural disasters are not covered. .
Term:
Leased Equipment: Maintenance Agreement shall con concurrent with term of lease unless otherwise stated on contract.
No Lease: Contract will commence at date of equipment delivery and remain in effect for a term of 11 months.
Standard Term: All contracts are for a term of 12 months unless specifically noted above.
Cancellation: All agreements are non - cancellable and non - refundable.
Transfer: Agreements are non- transferable without prior approval of Dahill.
Contract Renewal: Unless notified in writing 60 days prior to expiration date, contract will automatically renew for a period of 32 months at current
Dahill service rates.
Annual Rate Increase: All agreements are subject to an annual Increase after initial 12 month period.
2. Breach or Default. If the Customer does not pay all charges for services as provided hereunder, promptly when due: (1) DAHILL may (a) refuse to provide service
or supplies for the Equipment or (b) furnish service and supplies an a C.O.D. "Per Call" basis at published rates and (2) the Customer agrees to pay DAHILL costs and
expenses of collection Including the reasonable attorney's fee permitted bylaw In addition to all other rights and remedies available to DAHILL CUSTOMER AGREES
THAT SHOULD ANY BALANCE BECOME PAST DUE FOR ANY REASON, SERVICE UNDER THIS AGREEMENT WILL BE SUSPENDED UNTIL PAST DUE BALANCE IS
SATISFIED.
3. Service Hours: Dahill Service Technicians are available Monday - Friday, 8:00 am- 5:DOpm, except for scheduled Dahill Holidays. In the event service is requested
outside standard hours, it will be provided with 48 hours notice, with additional charges as listed: (1) Atone and one-half the prevailing hourly rate; (2) At twice the
prevailing hourly rate if service is requested after 5:00pm on Sundays or any time on a scheduled holiday.
4. Confidentiality. DAHILL recognizes that it must conduct its activities In a manner designed to protect any information concerning its affiliates or Customers (such
information herein referred to collectively as the "Information ") from Improper use or disclosure. DAHILL agrees to treat Customers Information on a confidential
basis. DAHILL further agrees that it will not disclose any Customer Information, without Customers prior written consent, to any person, firm or corporation except
(1) to authorize Customer representatives or (2) to employees of DAHILL who have to perform the services contemplated hereunder. DAHILL agrees upon request
to have Its employees execute written undertakings to comply with the confidentiality requirements set forth under this paragraph.
S. indemnification. Customer shall indemnify and hold DAHILL harmless from any claim, demand, liability, and Cause of action or damage for actual or alleged
Infringement of any Intellectual property rights or copyrights arising from the performance of services under this Agreement. Customer agrees to defend DAHILL at
Customers sole expense, against all suits, action or proceedings in which DAHILL is made a defendant for actual or alleged Infringement of any intellectual property
rights.
Other than as provided above, each party agrees to hold harmless, defend and indemnify the other parry against any liability, demand, claim or muse of action for
personal Injury or property damage due to or arising out of the acts of that party, Its agents and employees. However, each parry shall have no obligation to hold
harmless, defend or Indemnify the other from or for liability arising from the others own Intentional or negligent acts.
naBeadueSOp0.NN4seonpeteunans4anybrexJsaGthsAgcaereen6oaawoof
6. Connected Copier /Printer: Connected equipment will be covered up to the computer /network connection. /gepyorkyra4lems
7. Meter Collection: Dahill will make available to customer, at no additional cost, an automated meter collection system for all connected equipment. Nan - connected
equipment meters an be entered through the Dahill website at no charge. Should customer choose to not utilize these options, meters will he collected manually
each quarter at a bill rate of $15.00 per contract. Oakgl- reseweFWeaigAGtoestlmataa .nsate<i€oeeded,.
B. Assignability. The Customer may not assign its interest In ordelegate itsduties under this Agreement.
9. Relocation. Buyeragrees not to relocate covered equipment outside of the Dahill service area. Should relocation be necessary, Dahill will locate a dealer to service
the equipment In the new location. Should anew dealer not be obtained, the agreement will be cancelled and Buyer will be responsible for payment of remaining
balance of agreement.
30. Parts and Supplies. Supplies Include: toner, PM kits, developer. Staples and paper are not Included as covered supplies. All parts and drums are Included, unless
abuse or misuse cause need for replacement. Dahill retains title to all supplies furnished hereunder, including consumable parts such as drum remains.
11. NO WARRANTY: OTHER THAN THE OBLIGATIONS SET FORTH HEREIN, DAHILL DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED
WARRANTIES OF MERCHANTABILITY, FITNESS FOR USE OF FITNESS FOR A PARTICULAR PURPOSE. DAHILL SHALL NOT BE RESPONSIBLE FOR DIRECT, INCIDENTAL OR
CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES ARISING OUT OF THE USE OR PERFORMANCE OF THE EQUIPMENT OR THE LOSS OF USE
OF THE EQUIPMENT AND CUSTOMER HEREBY WAIVES ANY CLAIMS THEREBY.
Complete Agreement: buyer. arieaificagy: igreas=[ 1wrtpe. t�itloW. 6atftMiA. intptsagroasnenoaapercedeasy{ rrf Dahill
reserves the right to modify terms and conditions set forth In this agreement with 30 days written notice to customer.
Customer Initials
Vol. 211 Pg.�
Rev. 9/12
Maintl
,ndnce Agreemenz acneoute A
CUSTOMER NAME:
BRAZOS COUNTY
.Model
'Serlal No.
EquiptD
-Start Meter. -
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XEROX 597WTE JUVENILE DETENTION
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Special
Vol. 211 ft. %l
Maintenance Agreement Addendum B
Program Maintenance
Approach
Dahill has a comprehensive service and maintenance program, backed by our customer driven
"Common Sense" Total Satisfaction Program. We define specific parameters with you at the onset of
the contract which becomes our Service Level Agreement (SLA).
During Quarterly Business Review meetings, the Project Managers, Major Account Customer Care Rep-
resentative and Service Manager review the performance of the fleet and measure our results against
the SLA parameters.
Our technicians use a scheduled "total call process" procedure to ensure that every aspect of the sys-
tem is tested to ensure reliability and prevent down time. During unscheduled maintenance, call fulfill-
ment will be the highest priority of the technician. While at the unit, they will physically inspect for
cleanliness, damage, check codes and meters for upcoming supply replenishment. Over one third of the
Dahlll organization is dedicated to servicing our customers with over 130 people.
Call Response and Escalation
Departments requiring maintenance can request a service call in two ways: Phone call into dispatch or
Log a service call via website. The website Ilnk(s) can be placed on Brazos County Purchasing Depart-
ment intranet site If desired. Once a call is logged, a Dahill service technician will be assigned to the call
and an ETA will be provided back via email. Users can track the status of their call via the web link. Ser-
vice hours are 9:00 A.M. -5:30 PM, Monday through Friday.
The response time will be within 4 hours. Dahill also offers Remote IT Support. Dahill has dedicated
helpdesk technicians that respond to end user calls for MFP, printing, scanning and workflow related
calls. When necessary, the technician can use a secure remote session, sharing the end user's PC to re-
solve the issue. They can access the MFP, change settings, reboot, re -load print drivers, scanner settings
etc. On average, 75% of calls received can be resolved over the phone. If the call cannot be resolved, a
field technician is dispatched.
Call escalation will go from the on -site service technician to the service manager. Depending on the na-
ture of the call, it can include a "hot swap" unit, depot repair, network technician and /or manufacturer
support. If a unit will be down for more than a day, a service loaner of comparable features will be pro-
vided free of charge. During the implementation process, after hour service will be available free of
charge to Brazos County Purchasing Department. After implementation, service can be made available
after -hours and on weekends, preferably with advanced noticed. The following pages detail our web
support services.
dhill
A�
Vol. 211 Pg. XX
Maintenance Agreement Addendum B
Log a. Service Call
;e�.r
Idahill] IiOT teade Nip aacadW Retafla.
.. La. 'anke • 1i.1.frJm.
M1,er.w:
,en Leadership. Powerful Results.
Log a Service Call Request
dahlll Client Aceeee - Online Sorviee Reauw<
area the Submit Raoueot button to submit your
Information titer you era done filling out "form.
Equipment IO . }
. P.O. Number of relulredl:
my .,chine is W klp, but Wing an Ina"
Dot<rlpNOn of problem: - ,Llphj ImE9e
C.. h:
Your Norte:
alum enter a phone minlbw you sae be contacted et If
further Informaton N I"uh
Conua Number.
Pleue enter a fee number Nyou tiepin a fax Caeflrmatlon.
Fez Confirmation Nww"r
Pl.. enter a smell addree N you del, an wall
wnfirmetion.
Small Addresu
dahill]
Ab C
Vol. 211 Pg.
1W. mfap tW.
LOO A NEW SERVICE [ALL
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dahlll Client Aceeee - Online Sorviee Reauw<
area the Submit Raoueot button to submit your
Information titer you era done filling out "form.
Equipment IO . }
. P.O. Number of relulredl:
my .,chine is W klp, but Wing an Ina"
Dot<rlpNOn of problem: - ,Llphj ImE9e
C.. h:
Your Norte:
alum enter a phone minlbw you sae be contacted et If
further Informaton N I"uh
Conua Number.
Pleue enter a fee number Nyou tiepin a fax Caeflrmatlon.
Fez Confirmation Nww"r
Pl.. enter a smell addree N you del, an wall
wnfirmetion.
Small Addresu
dahill]
Ab C
Vol. 211 Pg.
Maintenance Aareement Addendum B
Remote IT Support
Could U'.. eriath taaham. toecttal suRcit• Carers
dahill] Woven Leadership. Powerful Results
A YOIpa CCrtpTY feaewua- ®tins
-w
Dahill Offers Superior Remote Support
FA
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i �45�, _ DirCaoce DodsdE illatter Anymore _ _
Live Remote Atsistonee
.........._...._........................ _ ... ............... _._.........................._........_......._..._._...........__............,.._._...... .._..............._......_.,...
Do you need a quick solution to a technical problem? With our We remote assistance tool, a member of our support eeara an view yow
deskmp and share control ofyourmouse and keyboard to get you an your way to a solution.
Now tD Got Support
..... ------ __. ..... .......... ....... ..._........._.._....... ............ ._....._.._.... ....... _.....__. W..__.................. ....... _....._:..,._ ......... .T......._.... ... .,...
A member of our support team we talc with you first w determine the nature of the problem.
You we find the answers to security, questions and system confpumaon requpements on our FAO am You an rise new a
demonstration afa screen -sha Mg session.
Now It V%rks:
..... ...... . ..................... _.. .............. . ... _ ................... _... ...... _ ....... _ ...... . _...,.........._........ ........ ..... __.._............_....... . ... ._ ... ...... ........... ..... _
Step lr Once you are on the phone with a member of our support team, you col be directed peck to this page after your suppan
representadve provides you with a unique connection code. You wil then enter the code N the field below and click the CAdt
Hue button to initiate the screen -sha Mg session.
Step 2: You are prompted to download a small virus -free plug -in,
Step 3. with your permisstan, your support repmaentative an elaw your screen and share control of your mouse and keyboard.
Step 41 you am h NI contnelof your computer at as rimes. You always have overriding control of yourmouse and keyboard, and
you can and the screen- sharing session at any time.
Welcome to Online Support!
.. Type Me cod ep
e you received from your Representable and r
Click the button to proceed. ��ww
hill
Vol. 211 Pg. ff
Maintenance Agreement Addendum B
Service Call Escalation
Dahill's automated service monitoring allows us to view a technician's whereabouts, call status and
call escalation status in real time.
da
Ali
nX. cmnmr
Vol. 211 Pg. ZLL
Maintenance Agreement Addendum B
Supplies
Supplies
Supplies can be ordered through the Dahill website or 1-800 number. Typically, the cost of all MFP
supplies will be included in the contract. Ordered supplies arrive within 2-3 days. We also offer an
overnight delivery service. Extra supplies can be kept on-site to maximize uptime.
d
..........
4V Ordering Online
is as easy as
id
,ORDER SUPPLAS
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Maintenance Agreement Addendum B
Automated Data Collection
Automated Meter Reads
Dahill eXpress Meters solution package uses a small, secure automated program called FMAudlt that Is installed
on your network that will collect the meter readings of all your networked MFPs and printers. our local billing
support team receives a secure scheduled meter report every applicable billing cycle In order to generate your
customized invoice. eXpress Meters insures timely and accurate reporting to Dahill and insures an accurate and
quick turnaround for your invoices.
How it works: eXpress Meters uses a program to allow audit information to be sent from your network to a re-
mote destination (Dahill) as an attachment to an email or an XML stream. By default, this information is encrypt-
ed, and requires a user and pass combination for authentication. It uses Automatic Network Discovery Settings
(ANDS) to discover and communicate with the different network elements. Network IP ranges may be manually
added to fully access all devices across your WAN and Firewalls.
All SMTP enabled devices (all brands of networked printers and MFPs) will report usage /meters to us. Brazos
County Purchasing Department will be able to log into their secure hosted website and see all reported data in-
cluding total output (blend of copy /print) for billing verification. Reported data can also be broken up by loca-
tion, or department. Reports can be downloaded into Excel spreadsheet format. Brazos County Purchasing De-
partment can also compare quarterly usage. Once Brazos County Purchasing Department receives the invoice
from Dahill, you can verify the calculations using the Internal web -based reporting function. Since the process is
automated and uses actual data, it will reduce time and frustration dealing with billing errors. Dahill eXpress Me-
ters and FMAudit Onsite will be provided to Brazos County Purchasing Department at no additional cost.
t
Better cost management
• Network accounting- enabled to provide accurate usage tracking, reporting and billing
• Ensures more accurate meter reads for bill -back to appropriate groups
• Usage tracking lets you intelligently manage assets cost effectively
• Consistent reports in familiar, easy -to -read formats, giving you comprehensive, easy to understand
analysis that's instantly actionable
• Flexible data collection settings can provide data dally, weekly, monthly or annually
• Flexible reports allow you to compare usage trends
dahill
'AN• *."*
Vol. 211 Pa. D,Z
BRAZOS COUNTY
COMMISSIONERS' COURT
ACTION FORM
DEPARTMENT Road and Bride DEPT. NUMBER 56001000
DATE OF COURT MEETING: October 21.2014
ITEM: Consider and take action on request from Teresa Bordeau on behalf of the Edge General
Store for lane closure of a portion of Edge Cut Off Road on October 25, 2014 from 11:00 am to
1000 pm to accommodate the annual Rompin' Stompin' Street Fest. Site is located in Precinct 2.
SOURCE OF FUNDS: N/A
NOTES:
APPROVED BY:
S y Catale , Commissioner Pct. 2
This Request is
E. Ouane Peters, County
o ai aoL
Date
Vol. 211 Pg.
Commissioners' Court
BRAZOS COUNTY
COMMISSIONERS' COURT
ACTION FORM
DEPARTMENT: Road & Bridge
MEETING DATE: October 21, 2014
SUBJECT: Temporary Utility Permit — FWP Holdings, LLC
Consider and take action on the FWP Holdings, LLC utility permit to install temporary
10" aluminum water line within and along the right -of -way of Jack Manning Road.
Project will provide water to oil well. Site is located in Precinct 2.
SUBMITTED BY:
d
Darrell W. Kolwes
Right of Way Agent
This request is
APPROVED BY:
Duane Peters, County Judge
DATE:
Vol. 211 Pg. 16 V
Precinct 2
ssioners' Court
ID
APPLICATION FOR WATER UTILITY PERMIT
DESIGNATING PLACEMENT OF UTILITY IN COUNTY RIGHT OF WAY
TO: THE COUNTY ENGINEER OF BRAZOS COUNTY, TEXAS
Pursuant to the Texas Utility Code, Section 181.024, comes now M Holdings. LLC [company name],
hereinafter referred to as "Company" a Texas [state] Corporation, with authority to transact business in Texas,
acting by and through its duly authorized representative, and hereby petitions the County Engineer for the right to lay,
construct, maintain, repair and/or operate a gas facility under, over, across and/or along certain County Roads as
shown on drawings and diagrams attached hereto and said location described as follows:
Facility to Cross Road
Road Name & Block Number
Length of
Crossing
TYPE OF CONSTRUCTION
CHECK ONE
Depth
Distance
Bored
Jacked Driven
Cased
Jack Manning Rd.
30055'56.47"N
30"56'9.33"N
On Surface
Approx. 1,800 R
96017'26.31"W
I 96 °1T12.16"W
Road Name and Block
Number
From
To
Depth
Distance
Jack Manning Rd.
30055'56.47"N
30"56'9.33"N
On Surface
Approx. 1,800 R
96017'26.31"W
I 96 °1T12.16"W
CONSTRUCTION TYPE
10" Diameter .072 Wall Thickness
Material Specification Alumimm1
Maximum Operation Pressure 50 PSI
PROJECT WILL LAY 10" ALUMINUM
WATER LINE IN RIGHT OF WAY FOR
APPROX. 5 DAYS.
The location and description of the proposed installation and appurtenances must be fully shown on the attached
detailed drawings.
The Company shall commence actual construction/work in good faith within 60 days from the date of said permit and
shall complete said construction /work within 5 working days. (COMPANY MUST FILL IN). If such
construction is not begun by the 60" day, Company will be required to apply for a new permit.
Company declares that prior to filing this application, it has ascertained the location of all existing utilities, both aerial
and underground, and the filing of this application is prima facie evidence that the proposed installation will not
conflict with any existing utility.
A copy of this permit shall be kept at the job site any time work is being performed.
It is expressly stipulated that this Permit is a license for permissive use only and that the placing of facilities upon
public property pursuant to this permit shall not operate to create or vest any property right in said holder.
It is understood and agreed that the rights and privileges herein set out are granted only to the extent of the County's
right, title and interest in the land to be entered upon and used by the holder and the holder will at all times assume risk
of and indemnify, defend and save harmless Brazos County from and against any and all loss, damages, cost or
Vol. 211 Pg. �/
expense arising in any manner on account of the exercise or attempted exercise by said holder of the aforesaid rights
and privileges.
Any deviation from these specifications must be approved by Brazos County Engineer's Office or its designated
representative.
Approval of County Engineer's Office may take as long as two weeks after complete application is received.
Applicant agrees to comply with all rules of the County Commissioners and the County Engineer in construction of
said installation attached hereto as BRAZOS COUNTY DESIGN STANDARDS AND SAFETY PRECAUTION
REQUIREMENTS FOR WORK CONDUCTED IN BRAZOS COUNTY RIGHTS OF WAY and incorporated
herein for reference.
In the event Company jails to obtain a permit prior to the installation or does not install utilities in compliance with
installation requirements set forth herein lte. depth, location, etc), Company assumes all financial responsibility for
damages and/or destruction oflines, cables, etc based upon its failure to comply with Brazos County requirements.
Applicant agrees that if Brazos County demonstrates a violation of the terms of this policy, Applicant stipulates that
requisites for injunctive relief exist and that Brazos County is entitled to relief enjoining any conduct by applicant
which is contrary to the policies.
This permit is a revocable permit Brazos County reserves the right to revoke this permit at any time, in the sole
discretion of Brazos County, for interests of public health, safety or welfare, or far failure to repair any damages
upon demand, or for any other reason deemed sufficient by Brazos County.
In the event Company fails to comply with any or all of the requirements as set forth herein, the County may take
such action as it deems appropriate to compel compliance. The County Engineer further retains the right to revoke
this Permit by verbal notification to the Applicant/Company.
Failure to obtain this permit and/or notify the County Engineer's Office within 24 hours of beginning construction
shall constitute grounds for job shutdown.
By signing below, I certify that I am authorized to represent the Company listed below, and that the Company agrees
to the conditions /provisions included in this permit.
Fin A/Ji,s 4{ ell. ,A,�
Company kame
By.
Signature ,
Title
IoZ6u Wesylerer R�.t SL ;, y6o
Aadreaa
/-/raw 77cy'Z
City State Zip
—713. SO, 3577
Phone lumber 11 /
reL= @ �hcenixServ,'c,es.b %z
Email
WATER UTILITY APPROVAL
Brazos County offers no objection to the proposed location of the utility in the County right of way as shown by
accompanying drawings and notice dated A `/ except as noted below:
EXCEPTIONS:
(Month/Day/Year)
n (Q.ff lam✓
d� Brazos County Engineer
Vol. 211 Pg. L
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BRAZOS COUNTY, TEXAS
BUDGET AMENDMENT(S) FOR THE 2013 -2014 BUDGET YEAR
NO. 13/14 53.1 — 53.3
On this the 21 at day of October 2014 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. Irma Cauley, Commissioner, Precinct 4
F. Karen McQueen, County Clerk
The following proceedings were held:
THAT WHEREAS, on 21 st day of October 2014 the Court heard and approved a budget amendment
for the 2013 -2014 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 10 September 2013, the following
amendment(s) to the original budget are hereby authorized, as described on the attached page(s).
ADOPTED AND APPROVED this the 21st day of October 2014.
THE COMMISSIONERS COURT OF BRAZOS COUNTY, TEXAS.
By
Duane Peters, County Judge
Original: County Clerk's Office and
Attached to the original budget
Vol. 211 Pg. ///
BRAZOS COUNTY, TEXAS
BUDGET AMENDMENTS
No. 13/14 - 53.1
10/21/2014
FUNDI DIV I ACCT PROJ I DR/CR ACCOUNT NAME Increase I Decrease
1700 41006000 1 DR Fees - Alternative Dispute 134.00
1700 11070000 73400000 CR Dispute Resolution Center 134.00
Alternative Dispute Resolution
To decrease the bud et to recognize the realized revenue in deficiency of the original budget.
Vol. 211 Pg. 11A
T--i ► �
BRAZOS COUNTY, TEXAS
BUDGET AMENDMENTS
No. 13/14
10/21/2014
WIFF 7134
rolosf -� Dispute Resolution Center
Vol. 211 Pg.
BRAZOS COUNTY, TEXAS
BUDGET AMENDMENTS
No. 13114.53.2
10/21/2014
P e 4
DbP APgroyg l `r ....A,�1� ' tee;
Vol. 211 Pg. / /�/
ACCOUNT NAILE
=57�EN
Recognize the increase of revenue to cover for prescription insurance overages for FY 14.
P e 4
DbP APgroyg l `r ....A,�1� ' tee;
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BRAZOS COUNTY, TEXAS
BUDGET AMENDMENTS
No. 13114 - 53.3
10121/2014
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General Fund Contingency, Sheriff Admin and Constable Pet. #1
Reallocation of foods to cover for gasoline overages for FY 14.
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BRAZOS COUNTY, TEXAS
BUDGET AMENDMENT(S) FOR THE 2014 -2015 BUDGET YEAR
NO.14/15 3.1-3.6
On this the 21 st day of October 2014 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. Irma Cauley, Commissioner, Precinct 4
F. Karen McQueen, County Clerk
The following proceedings were held:
THAT WHEREAS, on 21st day of October 2014 the Court heard and approved a budget amendment
for the 2014 -2015 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 9 September 2014, the following
amendment(s) to the original budget are hereby authorized, as described on the attached page(s).
ADOPTED AND APPROVED this the 21st day of October 2014.
THE COMMISSIONERS COURT OF BRAZOS COUNTY, TEXAS.
By.
Duane Peters, County Judge
Original: County Clerk's Office and
Attached to the original budget
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BRAZOS COUNTY, TEXAS
BUDGET AMENDMENTS
No. 14/15 - 3.1
10/21/2014
FUND
DIV
ACCT
PROJ
DR/CR
ACCOUNT NAME
Increase
Decrease
4500
63000500
80890000
CR
lVehicles
52 662.92
4500
63000500
80891800
DR
IVahicles - CA
145.00
4500
63000500
80891900
DR
I Vehicles - DA
290.00
4500
63000500
80892800
DR
lVehicles - SO
41 23.58
4500
63000500
80892820
DR
Vehicles - Jail
580.00
4500
63000500
80893010
DR
Vehicles - Constable Pct. #1
2,49652
4500
63000500
80893020
DR
Vehicles - Constable Pet. #2
2,694.78
4500
63000500
80893030
DR
Vehicles - Constable Pct. #3
2,546.52
4500
63000500
80893040
DR
Vehicles - Constable Pct. #4
2,386.52
Capital Projects
Reallocation of finds to cover the purchme of window tinting, graphics and equipment for vehicles.
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BRAZOS COUNTY, TEXAS
BUDGET AMENDMENTS
No. 14115.3.2
10121/2014
Vol. 211 Pg. / /b,
Km
m
��� ��
����
-�
7 m FIF m.. MIT
�-
Im
Vol. 211 Pg. / /b,
63000500
BRAZOS COUNTY, TEXAS
BUDGET AMENDMENTS
No. 14/15 - 3.3
NMI
Decrease
Vol. 211 Pg. // %
BRAZOS COUNTY, TEXAS
BUDGET AMENDMENTS
No. 14115 - 3.4
10/21/2014
FUND
DIV
ACCT
PROJ
DRICRI
ACCOUNT NAME
Increase
Decrease
0100
28000100
51615000
CR
Hour/ - Law Enforcement
1477.00
0100
28000100
51610000
DR
Hourly - Staff
1,477.00
Sheriff - Administration
Reallocation of funds to cover the salary reclassification that was approved on October 14 2014, Item #6, during Commissioners Court.
`'.N •c �;� pry- .�t � ��y'',$��
t M. v
v
P artme`.-.
y3d's'� F+"
�Ynrf C \\
512Q1 i
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BRAZOS COUNTY, TEXAS
BUDGET AMENDMENTS
No. 14115 - 3.5
1012112014
FUND
DIV
ACCT
PROJ
DRICR
ACCOUNT NAME
Increase
Decrease
0100
14000200
71020000
CR
Computer Contracts
60.00
0100
91110000
DR
Transfer to Capital Improvement Fund
60.00
4500
49028000
CR
Transfer from General Fund
60.00
4500
63000500
65440000
DR
Network Maintenance
60.00
IT Services and Ca ital Projects
Reallocation of funds to cover the additional cost for the System Center Configuration Manager Upgrade (SCCM Migration). This project
was approved for the FY 15 Capita Projects in the amount of $40,000, but the total price came in at $40,060.
Vol. 211 Pg. L
of funds to cover the
BRAZOS COUNTY, TEXAS
BUDGET AMENDMENTS
No. 14/15 - 3.6
CR
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BRAZOS COUNTY, TEXAS
BUDGET AMENDMENTS
No. 14115 - 3.6
software for the Fleet Maintenance
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PERSONNEL
CHANGE OF STATUS REQUESTS
Commissioner Court Date: October 21, 2014
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
Ag Extension Burton, Sharon Resignation
Constable Pct. 4
Reyes, Melissa
New Hire
District Clerk
Dearman, Ruth
Termination
Juvenile Services
Rodriguez, Anjela M
Resignation
S.O. Admin
Roessler, Caroline
Resignation
S.O. Department
Harris, Demarnae
O'Brien, Austin
Reinstated Emp
New Hire
Approved in Commissioners' Court: Octo er 21 20
County Judge's or Commissioner's Signature:
(This Copy to be attached to minutes)
Vol. 211 Pg. /
PERSONNEL
CHANGE OF STATUS REQUESTS
Commissioner Court Date: October 21, 2014
Department Submitting Information: Human Resources
Purpose of Submissions: Consider and Take Action on Change Requests
haol"
Department Submitting Employee Request Action Requested
Request(s) Applies To
District Attorney
Aguilar, Gracie
Approved in Commissioners' Court: Octo' 21 2014:
County Judge's or Commissioner's Signature:
(This Copy to be attached to minutes)
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Budget Change
6
GENERAL COMPROMISE, RELEASE AND SETTLEMENT
AGREEMENT
STATE OF TEXAS
COUNTY OF BRAZOS
I. STATEMENT OF DISPUTE
WHEREAS Ardon Moore and Chadd Hudson Moore ( "CLAIMANTS ") assert a claim
against the City of College Station, Texas ("CITY "), and Brazos County, Texas (`'COUNTY "),
related to an incident occurring on or about June 29, 2013, in which Chadd Hudson Moore was
arrested in College Station. CLAIMANTS assert that no charges were brought against Chadd
Hudson Moore, and such arrest ultimately resulted in costs to the CLAIMANTS for dental work,
bail, and legal fees (the "Claim "); and
WHEREAS CITY and COUNTY vigorously deny and contest CLAIMANTS' claims
identified above; and
II. INTENT TO SETTLE DISPUTE
WHEREAS CLAIMANTS, on one hand, and CITY and COUNTY, on the other hand,
have agreed upon a full and final compromise and settlement of any and all claims, demands and
causes of actions that have or that might have arisen out of asserted Claim.
III. CLAIMANTS RELEASE OF CLAIMS AGAINST CITY AND COUNTY
NOW THEREFORE, in exchange for Twenty -One Thousand, One Hundred Dollars
($21,100.00), CLAIMANTS do hereby knowingly, voluntarily, irrevocably and unconditionally
release, remise, acquit, and forever discharge CITY and COUNTY and any of its agents,
employees, attorneys, insurers, representatives, successors, or assigns who could have been
brought into a lawsuit, or who could have an interest in the outcome of the Claim, or that might in
any manner be liable to CLAIMANTS for any and all claims and causes of action that does or
might exist between CLAIMANTS and CITY and COUNTY, including any claim for damages,
losses, rights to compensation, costs, expenses, fees, attorneys' fees, claims, demands, actions,
causes of action, suits in law or equity of whatsoever kind or nature, including but not limited to
administrative review, and declaratory judgment, for damages or any type of relief, under common
Iaw, federal and state constitutional and statutory law, administrative regulation, or otherwise,
known or unknown, direct or derivative, existing or known to exist, whether or not declared upon
in this Claim, that could be filed in any court or administrative agency, arising out of the underlying
facts alleged in the pleadings on file in this case, up to the date of this Agreement.
The above settlement amount of $21,100.00 will be paid as follows: $10,050.00 will be
tendered by CITY to CLAIMANTS payable to " Ardon Moore and Chadd Hudson Moore ", and
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$10,050.00 will be tendered by COUNTY to CLAIMANTS payable to "Ardon Moore and Chadd
Hudson Moore."
By their signature below, CLAIMANTS each hereby acknowledge that the consideration
set forth in this Agreement constitutes final, full and complete satisfaction, settlement and
discharge of any and all liability whatsoever on behalf of CITY and COUNTY by reason of any
manner, cause or thing in any way connected with or arising out of the underlying facts alleged in
the Claim to the date of this Agreement.
1V. INDEMNIFICATION
If CLAIMANTS file any claim released in this Agreement, including but not limited to
filing a lawsuit alleging one of the released claims against the CITY and COUNTY, CLAIMANTS
agrees to indemnify and to hold harmless CITY and COUNTY for all costs, damages, liabilities,
expenses, and attorneys' fees incurred as a result of responding to and/or otherwise defending
against the claim(s).
V. NO ADMISSION OF LIABILITY
IT IS FURTHER AGREED that this settlement shall not be interpreted as an admission of
liability on the part of CITY and COUNTY or any other affiliated person, firm, association or
corporation. The consideration expressed in this Agreement is being exchanged by way of
compromise of a disputed claim strictly to avoid the expenses that would be incurred in defending
or prosecuting this case, and to terminate all controversies as to the parties named herein,
regardless of the extent of the injuries, damages and expenses.
VI. CONSIDERATION IS FULL SATISFACTION
By signing below, CLAIMANTS aver that they each understand and agree that the
consideration set forth in this Agreement is in full satisfaction for all alleged damages attributable
to CITY and COUNTY allegedly sustained by CLAIMANTS arising out of the aforementioned
factual allegations. All parties acknowledge and understand that there will be no further
consideration paid by or on behalf of CITY and COUNTY for any alleged damages arising out of
the aforementioned claims or which could have been brought in the legal proceedings identified
above.
VII. COMPLETE AGREEMENT EXPRESSED HEREIN
IT IS FURTHER AGREED that the monetary and other consideration set forth in this
Agreement constitutes the full consideration for this Release, that said consideration stated herein
is contractual and not a mere recital, that all agreements and understandings of all parties are
embodied and expressed in this Agreement, and no representation of any kind, other than as recited
herein, has been made to CLAIMANTS with respect to this settlement by CITY and COUNTY or
any other person, firm, association or corporation on behalf of CITY and COUNTY.
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VIII.
MISCELLANEOUS PROVISIONS
1. This Settlement and Release is severable, and if one or more of the provisions contained in this
Agreement shall, for any reason, be determined to be invalid, illegal, or unenforceable, such
invalidity, illegality, or unenforceability shall not affect any of the remaining provisions, and this
Agreement shall be construed as if such invalid, illegal, or unenforceable provision had never been
contained herein. This Agreement shall be binding on the parties and their successors in interest,
heirs, and assigns.
2. CLAIMANTS acknowledge that the terms contained in this Settlement and Release Agreement
constitute the entire agreement between the parties and this Agreement supersedes any and all prior
understandings. CLAIMANTS represent and acknowledge that in executing this Settlement and
Release they each do not rely on any representation, promise or agreement not contained herein.
3. The parties agree that they will maintain as confidential the terms of this Agreement and that
they will not voluntarily disclose the terms of this Agreement except as may be required by: I)
operation of law or open records request; 2) order of a court of competent jurisdiction; or 3) to
accountants or attorneys for business or tax return purposes. The parties may state publicly that
the case was settled on mutually agreeable terms.
5. CLAIMANTS represent that they each have not assigned or transferred, or purported to assign
or transfer, any claim or potential claim released hereunder or any portion thereof, or interest
therein, to any person, and CLAIMANTS agree to indemnify, defend, and hold harmless those in
whose favor this Release is given from and against any and all claims based upon or arising out of
any such assignment or transfer. CLAIMANTS expressly warrant that they are the sole owners of
the claims being released herein. CLAIMANTS also agree to indemnify, defend, and hold
harmless CITY and COUNTY for all attorneys' fees owed to CLAIMANTS' attorneys should a
claim for attorneys' fees be made against CITY and COUNTY, its agents, and/or attorneys for
non - payment of attorneys' fees to CLAIMANTS' attorney.
6. CLAIMANTS each expressly warrant as follows:
a. I have fully informed myself of the terms, conditions, contents and effects
of this Agreement.
b. I have conferred or have had an opportunity to confer with my attorney prior
to consenting to this Agreement.
7. This Agreement shall be governed by, enforced in accordance with, and subject to the laws of
the State of Texas.
8. This Agreement may be executed in a number of identical counterparts, each of which shall be
deemed an original for all purposes.
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9. This Agreement has been and shall be construed to have been drafted by all the parties so that
the rule of construing ambiguities against the drafter shall have no force or effect.
[Signatures on Following Pages]
0:13 DEPARTMENTSIOV Managerl?014 File Tiaekingl9.19.14 Chadd Hudson Moore Claim
SeldementlSeulement and Release Agreement FinaLdoar
Vol. 211 Pe. %az"
CONSULT WITH YOUR ATTORNEY PRIOR TO SIGNING THIS DOCUMENT. BY
SIGNING THIS DOCUMENT YOU RELEASE AND WAIVE ALL PAST, PRESENT, AND
FUTURE CLAIMS WHETHER KNOWN OR UNKNOWN.
I HAVE READ THIS GENERAL RELEASE AND SETTLEMENT AGREEMENT
CAREFULLY AND FULLY UNDERSTAND THE SAME.
IN WITNESS WHEREOF, I have signed my name hereunto on this the day of
October, 2014.
CLAIMANT ARDON MOORE
SWORN AND SUBSCRIBED to before me this day of October, 2014.
Notary Public, State of Texas
CLAIMANT CHADD HUDSON MOORE
SWORN AND SUBSCRIBED to before me this
Notary Public, State of Texas
day of October, 2014.
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Vol. 211 Pg.
CONSULT WITH YOUR ATTORNEY PRIOR TO SIGNING THIS DOCUMENT. BY
SIGNING THIS DOCUMENT YOU RELEASE AND WANE ALL PAST, PRESENT, AND
FUTURE CLAIMS WHETHER KNOWN OR UNKNOWN.
I HAVE READ THIS GENERAL RELEASE AND SETTLEMENT AGREEMENT
CAREFULLY AND FULLY UNDERSTAND THE SAME.
IN WITNESS WHEREOF, I have signed my name hereunto on this the day of
October, 2014.
i4_j
CITY MANAGER
CITY OF COLLEGE STATION
SWORN AND SUBSCRIBED to before me this day of October, 2014.
Notary Public, State of Texas
APPROVED:
ASSISTANT CITY MANAGERICFO
CITY OF COLLEGE STATION
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Vol. 2 11 Pg. 51
CONSULT WITH YOUR ATTORNEY PRIOR TO SIGNING THIS DOCUMENT. BY
SIGNING THIS DOCUMENT YOU RELEASE AND WAIVE ALL PAST, PRESENT, AND
FUTURE CLAIMS WHETHER KNOWN OR UNKNOWN.
I HAVE READ THIS GENERAL RELEASE AND SETTLEMENT AGREEMENT
CAREFULLY AND FULLY UNDERSTAND THE SAME.
IN �TEIE, SS WHEREOF, I have signed my name hereunto on this the day of
DUA E PETERS
COUNTY JUDGE
BRAZOS COUNTY, TEXAS
SWORN AND SUBSCRIBED to before me this �� sday of October, 2014.
6AO:�m &S -
Notary Public, St of Texas
. . . . . . . . . . . . . . . . . . . . . . « « . . . . . . . . .
=,.ate Notary Pu�blicc
£
jf
' "•
°'
STATE OF TEXAS
?saf
My Comm. Exp. oBN9 i5
0:13 DEPARTMENTYCity Manager12014 File Trackingl9.19.14 Chadd Hudson Moore Claim
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Vol. 211 Pg.