HomeMy WebLinkAbout2015-03-17 10:00AM REGULAR MEETINGBRAZOS COUNTY
BRYAN,TEXAS
NOTICE OF MEETING AND AGENDA
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1615 F'AR 13 A 9: 20
BRAZOS COUNTY COMMISSIONERS COURT
THE COMMISSIONERS COURT OF BRAZOS COUNTY WILL MEET IN
REGULAR SESSION ON MARCH 17, 2015 AT 10:00 AM IN THE
COMMISSIONERS COURTROOM OF THE COUNTY ADMINISTRATION
BUILDING, 200 SOUTH TEXAS AVE., SUITE 106, BRYAN, TX 77803
Invocation and Pledge of Allegiance - U.S. and Texas Flag - Chaplain G.H. Jones and
Commissioner Catalena
2. Call for Citizen input and /or concerns.
3. Presentation(s)
Presentation by the Sheriffs Office regarding the Texas Public Safety Broadband
Program (TxPSBP).
Consider and take action on agenda items 4 - 16:
4, Proclamation 15 -016 declaring April 14 2015 as Cherry and J.J. Ruffino Day.
5.
Revenue Code of 166 as amended and providing an effective date.
6. Request for Out of State Travel for Jail Administrator Wayne Dicky to participate in the Correctional
Captain Assessment Center for the Las Vegas Metropolitan Police Department in Las Vegas Nevada:
dates of travel are March 17 -20, 2015.
7. Request for Out of State Travel for Jail Administrator Wayne Dicky to attend the National Institute of
Corrections "Large Jail Network Program" in Aurora Colorado; dates of travel are March 22 -25 2015.
g Approval of the scope of work with Patterson Architects for the design of Courthouse Remodel Phase
V for the amount of $699,849.00. The original contract for Phase I and II will be amended to include this
pg.
work.
9. Data Use Agreement between the Texas Health and Human Services Enterprise and Brazos County
Clerk's Office.
10. Approval of interlocal purchasing agreement with the Region 14 Educational Service Center National
Cooperative Purchasing Alliance.
11. Approval of Interlocal agreement between Brazos County and City of Wichita Falls TX for the purchase
of supplies equipment, and services.
12. No award of RFP #2016-29 Classification Study.
13. Tax Refund Applications for the following:
• a Douglas Fowleroverpayment4266.00
• b. Barry Gregory Cobb- overpayment4l[7'1.47
• c Glvnnis Gore-overpayment-$273.67
• d Leonard & Susan Luceoveryavment-$51.99
14. Budget Amendments.
Budget Amendments FY 14116 24.1 - 24.4
15. Personnel Change of Status.
Personnel Change of Status
16. Payment of Claims.
17. Sheriffs report on inmate population.
18. Announcement of interest items and possible future agenda topics.
19. Call for Citizen input and /or concerns.
20. Adjourn.
Vol. _ )-/e_ 'g. _S "7
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 andlor attend and make comment
at the Commission meeting. Members of the public are reminded that the Brazos County Commissioners Court is a
Constitutional Court, with both judicial and legislative powers, created under Article V, Section 1 and Section 18 of the Texas
Constitution. As a Constitutional Court, the Brazos County Commissioners Court also possesses the power to issue a
Contempt of Court Citation under Section 81.024 of the Texas Local Government Code. Accordingly, members of the public in
attendance at any Regular, Special and/or Emergency meeting of the Court shall conduct themselves with proper respect and
decorum in speaking to, and/or addressing the Court; in participating in public discussions before the Court; and in all actions in
the presence of the Court. Those members of the public who are inappropriately attired and /or who do not conduct themselves
in an orderly and appropriate manner will be ordered to leave the meeting. Refusal to abide by the Court's Order andlor
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 andlor any person in the Court's presence
and/or racial, ethnic or gender slurs or epithets will not be tolerated. Violation of these rules may result in the following
sanctions:
1. cancellation of a speaker's time;
2. removal from the Commissioners Court;
3. a Contempt Citation; and/or
4. such other andlor criminal sanctions as may be authorized
under the Constitution, Statutes and Codes of the State of Texas.
The County Commissioners Court can deliberate or take action only if a matter has been listed on an agenda 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 public comments by the Commissioners Court. However,
responses from the County Judge or Commissioners to unlisted public comment topics could become deliberation on a matter
without notice to the public. To ensure the public has notice of all matters the Commissioners Court will consider, the County
Judge andlor Commissioners may choose not to respond to public comments, except to correct factual maocuracraa recite
exisfing 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 News 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
wonting days before the meeting. To make arrangements, please call (979) 361.4102.
Vol. 02 /� Pg. 8�
BRAZOS COUNTY
BRYAN,TEXAS
MINUTES
March 17, 2015
BRAZOS COUNTY COMMISSIONERS COURT
REGULAR MEETING
DSiona ePacmyd
File Stamped AaendapdF
0 San in sheet.odf
A regular meeting of the Commissioners' Court of Brazos County, Texas was held in the
Brazos County Commissioners Courtroom in the Administration Building, 200 South Texas
Avenue, in Bryan, Brazos County, Texas, beginning at 10:00 a.m. on Tuesday, March 17,
2015 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, Absent;
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 Catalena
2. Call for Citizen input and /or concerns.
There was no citizen's input.
3. Presentation(s)
Vol. Z/Y Pg. 9
Presentation by the Sheriffs Office regarding the Texas Public Safety Broadband Program
(TxPSBP).
0 Itan 3,
A presentation was given by Sheriff Chris Kirk regarding the Texas Public Safety Broadband
Program. Sheriff Kirk explained the many benefits the LTE Program will provide law
enforcement agencies, therefore providing a vital service to the community. Sheriff Kirk also
thanked Harris County, Brazos County Information Technology Department, Josh Hearen,
Tommy Randall, and the Court for their pivotal roles in implementing this program. A copy of
the presentation is attached.
Consider and take action on agenda items 4 -16:
4. Proclamation 15 -016 declaring April 14, 2015 as Cherry and J.J. Ruffino Day.
0 uan 4.
The Court joins with the mayors of the Cities of Bryan and College Station in affirming that
the quality of life in the Bryan - College Station community has been enriched by Cherry and
J.J. Ruffino and they have been the example for others in giving their time, their talents and
their financial resources and to proclaim April 14, 2015 as "Cherry and J.J. Ruffino Day"
throughout Brazos County.
Motion: Approve, Moved by Commissioner Sammy Catalena, Seconded by Commissioner
LLoyd Wassermann. Passed. 4 -0. Members voting Aye: Catalena, Mallard, Peters ,
Wassermann. Members Absent: Cauley.
5. Resolution 15 -008 of the Commissioners Court of Brazos County, Texas approving the
bonds to be issued by Tarrant County Cultural Education Facilities Finance Corporation for
the purpose of financing or refinancing certain health facilities located within the boundaries
of the County of Brazos, Texas for the benefit of Baylor Scott & White holdings as required
by Section 147(f) of the Internal Revenue Code of 186, as amended, and providing an
effective date.
0 item s.odf
A copy of Resolution 15 -008 is attached.
Motion: Approve, Moved by Commissioner LLoyd Wassermann, Seconded by
Commissioner Kenny Mallard. Passed. 4 -0. Members voting Aye: Catalena, Mallard ,
Peters , Wassermann. Members Absent: Cauley.
6. Request for Out of State Travel for Jail Administrator Wayne Dicky to participate in the
Correctional Captain Assessment Center for the Las Vegas Metropolitan Police
Department in Las Vegas, Nevada; dates of travel are March 17 -20, 2015.
0 t2ern 6.B4[
Motion: Approve , Moved by Commissioner Kenny Mallard, Seconded by Commissioner
Sammy Catalena. Passed. 4 -0. Members voting Aye: Catalena , Mallard , Peters,
Wassermann. Members Absent: Cauley.
7. Request for Out of State Travel for Jail Administrator Wayne Dicky to attend the National
Institute of Corrections "Large Jail Network Program" in Aurora, Colorado, dates of travel are
March 22 -25, 2015.
m Item 7.
Vol.
Motion: Approve , Moved by Commissioner LLoyd Wassermann, Seconded by
Commissioner Sammy Catalena. Passed. 4 -0. Members voting Aye: Catalena, Mallard ,
Peters, Wassermann. Members Absent: Cauley.
8. Approval of the scope of work with Patterson Architects for the design of Courthouse
Remodel Phase V for the amount of $699,849.00. The original contract for Phase I and II
will be amended to include this work.
0 Item 8.odf
The Court unanimously voted to approve the amended contract with Patterson Architects. A
detailed scope of work is attached.
Motion: Approve , Moved by Commissioner Sammy Catalena, Seconded by Commissioner
LLoyd Wassermann. Passed. 4 -0. Members voting Aye: Catalena, Mallard , Peters,
Wassermann. Members Absent: Cauley.
9. Data Use Agreement between the Texas Health and Human Services Enterprise and Brazos
County Clerk's Office.
0 Item 9.odf
A copy of the agreement is attached.
Motion: Approve , Moved by Commissioner LLoyd Wassermann, Seconded by
Commissioner Kenny Mallard. Passed. 4 -0. Members voting Aye: Catalena, Mallard ,
Peters, Wassermann. Members Absent: Cauley.
10. Approval of interlocal purchasing agreement with the Region 14 Educational Service Center,
National Cooperative Purchasing Alliance.
0 Item 10.pdf
A copy of the agreement is attached.
Motion: Approve , Moved by Commissioner Sammy Catalena, Seconded by Commissioner
LLoyd Wassermann. Passed. 4 -0. Members voting Aye: Catalena, Mallard , Peters,
Wassermann. Members Absent: Cauley.
11. Approval of interlocal agreement between Brazos County and City of Wichita Falls, TX for
the purchase of supplies, equipment, and services.
ID Item 1 l.pdf
A copy of the agreement is attached.
Motion: Approve , Moved by Commissioner Kenny Mallard, Seconded by Commissioner
Sammy Catalena. Passed. 4 -0. Members voting Aye: Catalena, Mallard , Peters ,
Wassermann. Members Absent: Cauley.
12. No award of RFP # 2015 -29 Classification Study.
0 Item 12.odf
Motion: Approve, Moved by Commissioner LLoyd Wassermann, Seconded by
Commissioner Sammy Catalena. Passed. 4 -0. Members voting Aye: Catalena , Mallard ,
Peters , Wassermann. Members Absent: Cauley.
13. Tax Refund Applications for the following:
• a. Douglas Fowler- overpayment - $268.00
• b. Barry Gregory Cobb - overpayment - $171.47
• c. Glynnis Gore - overpayment - $273.67
• d. Leonard & Susan Luce - overpayment - $51.89
D- Item 13.odf
Motion: Approve , Moved by Commissioner Sammy Catalena, Seconded by Commissioner
Kenny Mallard. Passed. 4 -0. Members voting Aye: Catalena , Mallard , Peters,
Wassermann. Members Absent: Cauley.
14. Budget Amendments.
Budget Amendments FY 14/15 24.1 - 24.4
Q Ilan 14.Ddf
24.1 Reallocate funds for the Sheriffs Office.
24.2 Reallocate funds for Capital Projects.
24.3 Reallocate funds for Capital Projects.
24.4 Reallocate funds for Emergency Management.
Motion: Approve , Moved by Commissioner Sammy Catalena, Seconded by Commissioner
Kenny Mallard. Passed. 4 -0. Members voting Aye: Catalena , Mallard , Peters ,
Wassermann. Members Absent: Cauley.
15. Personnel Change of Status.
l21 Itan 15.Ddf
A copy of the Personnel Change of Status requests is attached.
Motion: Approve , Moved by Commissioner LLoyd Wassermann, Seconded by
Commissioner Kenny Mallard. Passed. 4 -0. Members voting Aye: Catalena, Mallard ,
Peters , Wassermann. Members Absent: Cauley.
16. Payment of Claims.
0 BILL LIST 03.17.15.odf
0 Claim Sheet.odf
7130811 through 7131034
Motion: Approve, Moved by Commissioner Sammy Catalena, Seconded by Commissioner
LLoyd Wassermann. Passed. 4 -0. Members voting Aye: Catalena , Mallard , Peters ,
Wassermann. Members Absent: Cauley.
17. Sheriffs report on inmate population.
Sheriff Chris Kirk stated there were 612 inmates in jail, 57 have electronic monitors and 8 are
pending for monitors. Sheriff Kirk stated there was a patrol car parked in the front of the
building equipped with the LTE technology, if the Court would like to see it.
18. Announcement of interest items and possible future agenda topics.
There were no announcements.
19. Call for Citizen input and /or concerns.
There was no citizen's input.
20. Adjourn.
i
The foregoing minutes of the Commissioners Court meeting held March 17, 2015 have
been examined and are approved in open Court this 1p_ day of
PCt 2015, in Bryan, Brazos County, Texas .
�:L) �Z �tuA4,c0--
Duane Peters Lloyd Wassermann
County Judge
L�A- � �4�
S5mmy Cataley
Commissionef, Precinct 2
Commissioner, Precinct
Attest:
Commissioner, Precinct
Kenny Mallkh
Commissioner, Precinct 3
Vol. Pg. i3
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BRAZOS COUNTY
COMMISSIONER'S COURT
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Vol. _A � P-a. X5,
i
i/f L- Cherry Ruffino was born in Cameron, Texas. At the age of 6 after a short stay in Marlin, Texas her family
moved to Bryan, Texas, Joe Johnny, better known as J.J, was born in Bryan Texas Growing up both had been
taught the value of service, responsibility and empathy for others by the example of their families, who were
always helping others in whatever way they could. During the past 43 years of their marriage, they have
become an example to their own community and family, generously serving and perfoemmg charitable acts in
the Bryan- College Station community and beyond; and ,
4 Cherry Ruffino began her career as a realmr in 1979 and now serves as the Vice President of Sales in the
Coldwell Banker United office in Bryan- College. Station, Texas. She is also President of Cherry Ruffino
Realtors, LLC and the leader of the Cherry Ruffino Team. She has been consistently recognized as an industry
leader being'Best of the Brazos" Realtor since 2006. Since Cherry holds many Real Estate distinctions she has
remained the #1 or #2 agent in the greater Brazos County market since 1993 and has been ranked internationally
with Coldwell Banker International since 1995; and
d/ t she has also dedicated herself to the non -profit community in the Brazos Valley. Some of her service to our
community includes hospital charities, The Junior League of Bryan- College Station, Scotty's House, The
American Heart Association, Brazos Valley Community Action Committee, 4 -H Club, Brazos County Youth
Livestock Organization, Teen Leadership Program, St. Anthony's Catholic Church, Local School District
support, and the School of Rural Public Health at Texas A&M University. She has received too many awards to
name here in this short document, but Cherry's devotion and enthusiasm are clear to everyone around her.
Most recently, she was inducted into the Bryan Independent School District Hall of Honor for her success and
generous contributions to the community; and
/ineraw: J.J. Ruffino has had a notable career as well that included opening three package stores the fast of which was in
1973. Under his management the stores were voted'Sest of the Brazos" every year. He sold his small regional
chain of stores to a state wide chain after thirty-eight years in 2010 and immediately joined the Cherry Ruf mc,
Team. J.J. continues to serve as an emcee and auctioneer for numerous charitable events and organizations; and
C01meadt he currently serves on the Finance Council of St. Anthony Catholic Church. He is a Board Member and
immediate past president of the Brazos Valley Arts Council, and the St. Joseph Foundation Development
Council. Some of his past service includes board President of Brazos County Crime Stoppers, Aggie
Quarterback Club, Board member of the Bryan- College Station Chamber of Commerce, member of the Bryan
Breakfast Lions Club, and instructor of the local Teen Leadership Program; and
: Cherry and J.J. have a lot of accomplishments to be proud of and the one they are most proud of is their family.
They are blessed with three children Antoinette "Toni ", Luke and Joey. And also have. two grandchildren
Madelyn Paige Ruffin and Isabella Marie Ruffino; and
gam, AX16m Jason P. Bienski, as Mayor of the City of Bryan, Texas, and I, Nancy Berry, Mayor of College Station,
Texas and I Duane Peters, Brazos County Judge affirm that the quality of life in the Bryan - College Station
community has been enriched by Cherry and J.J. Ruffin and they have been the example for others in giving
their time, their talents, and their financial resources, and in as much we proclaim this day, April 10, 2015
as:
"Cherry and J.J Ruffino Day"
CITY OF BRYAN CITY OF COLLEGE STATION
Jason P. Bienski, Mayor
Nancy Berry, Mayor
vaL - -2/j,
COUNTY
D e Peters, County Judge
09
CERTIFICATE OF COUNTY CLERK
THE STATE OF TEXAS
COUNTY OF BRAZOS
I, the undersigned, County Clerk and Ex- officio Clerk of the Commissioners Court of
Brazos County, Texas, DO HEREBY CERTIFY as follows:
1. That on the 176' day of March, 2015, a regular meeting of the Commissioners
Court of Brazos County, Texas, was held in the Commissioners' Courtroom of the County
Administration Building, 200 South Texas Avenue, Suite 106, Bryan, Texas 77803; the duly
constituted members of the Court being as follows:
Duane Peters
County Judge
Lloyd Wassermann
Commissioner
Sammy Catalena
Commissioner
Kenny Mallard
Commissioner
Irma Cauley
Commissioner
and all of said persons were present at said meeting, except IMa CO2A I Among
other business considered at said meeting, the attached resolution entitled:
"RESOLUTION OF THE COMMISSIONERS COURT OF BRAZOS COUNTY,
TEXAS, APPROVING THE BONDS TO BE ISSUED BY TARRANT
COUNTY CULTURAL EDUCATION FACILITIES FINANCE
CORPORATION FOR THE PURPOSE OF FINANCING OR REFINANCING
CERTAIN HEALTH FACILITIES LOCATED WITHIN THE BOUNDARIES
OF THE COUNTY OF BRAZOS, TEXAS FOR THE BENEFIT OF BAYLOR
SCOTT & WHITE HOLDINGS AS REQUIRED BY SECTION 147(f) OF THE
INTERNAL REVENUE CODE OF 1986, AS AMENDED; AND PROVIDING
AN EFFECTIVE DATE"
was introduced and submitted to the Court for passage and adoption. After presentation and due
consideration of the resolution, and upon a motion duly made and seconded, the resolution was
duly passed and adopted by the Court to be effective immediately by the following vote:
Hvoted "For" - voted "Against" - abstained
all as shown in the official Minutes of the Court for the meeting held on the aforesaid date.
2. That the attached resolution is a true and correct copy of the original on file in the
official records of the County; the duly qualified and acting members of the Commissioners
Court of said County on the date of the aforesaid meeting are those persons shown above and,
according to the records of my office, advance notice of the time, place and purpose of the
meeting was given to each member of the Court; and that said meeting and the deliberation of
the aforesaid public business was open to the public and written notice of said meeting, including
35116295.2JU501077 Vol. �ld Pg.—
the subject of the above entitled resolution, was posted and given in advance thereof in
compliance with the provisions of Chapter 551, Texas Government Code, as amended.
IN WITNESS WHEREOF, I have hereunto signed my name officially and affixed the
seal of the Commissioners Court, this the 17" day of March, 2015.
•. h
lot
tt11 4*10 TEXIy +~
C6unly Clerk and Ex- officio Clerk
Co/issioners Brazos C� ,Texas
' "
35116295.2/11501077 2 Vol. —� ✓
Of/— Pg.-
RESOLUTION OF THE COMMISSIONERS COURT OF BRAZOS COUNTY,
TEXAS, APPROVING THE BONDS TO BE ISSUED BY TARRANT
COUNTY CULTURAL EDUCATION FACILITIES FINANCE
CORPORATION FOR THE PURPOSE OF FINANCING OR REFINANCING
CERTAIN HEALTH FACILITIES LOCATED WITHIN THE BOUNDARIES
OF THE COUNTY OF BRAZOS, TEXAS FOR THE BENEFIT OF BAYLOR
SCOTT & WHITE HOLDINGS AS REQUIRED BY SECTION 147(1) OF THE
INTERNAL REVENUE CODE OF 1986, AS AMENDED; AND PROVIDING
AN EFFECTIVE DATE
WHEREAS, by resolution the Commissioners Court of Tarrant County, Texas (the
"Sponsoring Entity"), authorized and approved the creation of the Tarrant County Cultural
Education Facilities Finance Corporation (the "Issuer's as a nonprofit corporation under the
provisions of the Cultural Education Facilities Finance Corporations Act, Article 1528m, Texas
Revised Civil Statutes, as amended from time to time, authorized to issue revenue bonds on
behalf of the Sponsoring Entity to provide funds to finance or refinance all or part of the cost of
"health facilities" (as defined in the Health Facilities Development Act, Chapter 221, Texas
Health and Safety Code, as amended from time to time); and
WHEREAS, Baylor Scott & White Holdings, a Texas nonprofit corporation ("BSW
Holdings'), directly or through affiliates, owns and operates in Brazos County at or adjacent to
700 Scott & White Drive, College Station, Texas 77845 a charitable health care facility known
as Scott & White Hospital — College Station ("S &W Hospital — College Station ") and at or
adjacent to 1700 University Drive East, College Station, Texas 77840 a charitable health care
facility known as Scott & White Clinic — College Station ( "S &W Clinic — College Station';
WHEREAS, it has been proposed that the Issuer, pursuant to a plan of finance, issue
hospital revenue bonds in multiple series and in multiple years (collectively, the "Bonds' in a
total amount not to exceed $1,600,000,000 and loan the proceeds thereof to BSW Holdings to
(i) finance and/or refinance the construction, reconstruction, renovation, furnishing, remodeling,
rehabilitation and/or equipping of health facilities of BSW Holdings and its affiliates, all as
described in the published Notice of Public Hearing attached as Exhibit A to the Certificate of
Public Hearing, which is attached to this Resolution as Attachment I (the "Notice") that includes
S &W Hospital — College Station and S &W Clinic — College Station; (ii) refund all or a portion
of the following prior bond issues and/or lease obligations: the Tarrant County Cultural
Education Facilities Finance Corporation Hospital Revenue Bonds (Scott and White Memorial
Hospital and Scott, Sherwood and Brindley Foundation Project) Series 2008 -1, the Tarrant
County Cultural Education Facilities Finance Corporation Hospital Revenue Bonds (Scott and
White Memorial Hospital and Scott, Sherwood and Brindley Foundation Project) Series 2008A,
the Tarrant County Cultural Education Facilities Finance Corporation Hospital Revenue
Refunding Bonds (Baylor Health Care System Project) Series 2009, Tan-ant County Cultural
Education Facilities Finance Corporation Hospital Revenue Bonds (Scott & White Healthcare
Project) Series 2010, the Tarrant County Cultural Educational Facilities Finance Corporation
Hospital Revenue Bonds (Baylor Health Care System Project) Series 2011D, and the Tarrant
County Cultural Educational Facilities Finance Corporation Hospital Revenue Bonds (Baylor
Health Care System Project) Series 2011E; (iii) pay capitalized interest on the Bonds to the
extent authorized; and (iv) pay the costs of issuing the Bonds;
351162952111501077 Vol. 0 pg. 5;, lam'
WHEREAS, Section 147(f) of the Internal Revenue Code of 1986, as amended (the
"Code "), requires that the Bonds and the projects to be financed or refinanced by the Bonds (the
"Projects") be approved by an "applicable elected representative" (the "AER ") after a public
hearing following reasonable public notice, as a condition to the exclusion of interest on the
Bonds from gross income for federal income tax purposes; and
WHEREAS, an AER for the issuance of the Bonds is the Commissioners Court of Brazos
County, Texas (the "Governing Body"); and
WHEREAS, the duly appointed hearing officers of the Issuer and BSW Holdings held
public hearings on March 6, 2015 and conducted such hearing in a manner that provided a
reasonable opportunity for persons with differing views on the Bonds and the Projects to be
heard, following the publication of the Notice, which contains the date, time and place of the
public hearing, no less than 14 days before said date in The Dallas Morning News, the Fort
Worth Star Telegram, the Austin American Statesman, and the Temple Daily Telegraph, being
newspapers of general circulation within the Sponsoring Entity or within the geographical
jurisdictions in which a portion of the facilities comprising the Projects are located; and
WHEREAS, the Governing Body desires to: (i) confirm action taken with respect to
public hearing requirements for the Projects; and (ii) approve the Bonds and the Projects as
required by Section 147(f) of the Code; and
WHEREAS, the Governing Body has considered evidence of the posting of notice of this
meeting and officially finds, determines, recites and declares that notice of this meeting was
given and this meeting was held in accordance with the requirements of the Open Meetings Act,
Chapter 551, Texas Government Code, as amended;
NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSIONERS COURT OF
BRAZOS COUNTY, TEXAS, THAT:
Section 1. Findings. Determinations and Statements. The findings, determinations
and statements set forth in the preamble hereof are hereby incorporated by reference as if set
forth in full.
Section 2. Confirmation of Public Hearin ¢. All actions taken with respect to the
holding of the public hearing are hereby confirmed.
Section 3. AER Approval. The Governing Body, acting in its capacity as AER
pursuant to the requirements of Section 147(f) of the Code, hereby approves the Bonds and the
Projects located within the jurisdiction of Brazos County, Texas (the "County "), all as described
in the Notice. The approval granted hereby is not to be construed as (i) a representation or
warranty by the County, the Governing Body, any of the officers of the Governing Body, the
State of Texas or any other agency, instrumentality or political subdivision of the State of Texas
that the Bonds will be paid or that any obligations assumed by any of the parties under the
instruments delivered in connection with the Bonds will in fact be performed-, (if) a pledge of
faith and credit of or by the State of Texas or any agency, instrumentality or political subdivision
of the State of Texas, including the County; or (iii) a representation or warranty concerning the
validity of the Bonds.
351162952/11501077 "l -.--
Vol. �/� pg O
Section 4. Providing an Effective Date. This resolution shall be in full force and
effect from and after its passage, and it is accordingly so resolved.
PASSED AND APPROVED BY THE
COUNTY, TEXAS, THIS MARCH 17, 2015.
V'�
Duane Peters, County Judge
ComnCssioner Lloyd Wassermann
Precinct 1
JJ
Commissioner Ke Mallard
Precinct 3
35116295.2/11501077
1�1;01ylaw -1
Ciegission ammy atalena
P cinct 2
Commissioner Irma Cauley
Precinct 4
Vol. al'f pg. /o l
Attachment I
Certificate of Public Hearing
351162951
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Vol. Pg. /D
EXHIBIT A
Affidavit of Publication - The Dallas Morning News
Affidavit of Publication - Fort Worth Star - Telegram
Affidavit of Publication - Austin American - Statesman
Affidavit of Publication - Temple Daily Telegram
351298582111501077 Vol. —y`'/ Pg.�a
AFFIDAVIT OF PUBLICATION
STATE OF TEXAS
COUNTY OF DALLAS.
Before me, a Notary Public in and for Dallas C;olrrity,'"a day personally appeared David.
Ferster, Advertising Representative for the The Dallas Morning News, being duly swom
by oath, states the. attached advertisement of-,
FULBRIGHT & JAWORSKI LLP
US published in the 'The Dallas Wrong News on:
February 16,
Swom.to and subscribed before me this
February 16,2015
WHO
9% WAFI
�""'' JEREMY PHILLIP GAUHA
3`� `a Notary Publlc, State of Tezos
�? My Commisalon EZpltes
a.',�a�„a'` Novembet 12; 2016
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III
STATE OF TEXAS
COUNTY 'OF TARRANT
Before me, a: Notary Public in and for said County and State, ,this day
persopallyappeared Advertising Representative
for the Sias- Telegram published by the Star elegram Inc. at on Wpitlt,-in Tarrant County, Texas and
distiibgted in other'surrounding Counties, and who, after being duty worn, did dispose and :say that the
following clipping of an advertisement was_published lathe above named paper on the following dates:
Sigi[ed \0 .t ` r i
Subscribed, and .swoiatobetbre le'Nvs'the dak.bf LU. 20 Y
ffsuI §uCKley
Notary Publie; Steteot Texas
My CQf.(TI S510f, Expires
Seple, r24,g0i7
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Be Monday. February 16, 2015 s_ i + Wvaystamelegrat.min
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statesman.calm ( austin%Oxom
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GSA
STATE OF TEXAS
COUNTY OF TRAVIS
Before me, the undersigned authority, a Notary Public
in and for the County of Travis, State of Texas, on this
day personally appeared Justin Peterson. Advertising
Agent of the Austin American-Statesman, a daily
newspaper published in said County and State that is
generally circulated in Bastrop, Bell, Blanco, Brazos,
Burleson, Burnet, Caldwell, Colorado, Comai, Coryell,
Fayette, .Gillespie, Gonzales, Guadalupe, Hays, Kerr,
Lampasas,. Lee, Llano,, Milam, Nueces, San. Saba,
Travis; Washington and Williamson Counties, who
being duly sworn by me., states that the attached
advertisement was published . at the lowest published
rate for Classified advertising in said,newspaper
on the following date(s)., -to wit:FULBRIGHT &
JAWORSKI „First, date of Publication 0211612015,4ast
date of Publication 0211612015,Web and print times
Published 2, Legal Notices; 1 X 286, and that the
attached Is a true copyof said advertisement.
NOTICE OF PUBLIC HEARING
Ad ID: 727540
Ad Cost: 2;834.26
)HID
41 &15
Vol. Ale. P9. //�
Publisher's Affidavit
State of Texas
County of Bell
Before Me, The Undersigned Authority, this day personally appeared Jane Moon after
being by me duly sworn, says that she is the Classified Inside Sales Manager of the
Temple Daily Telegram, a newspaper published in Bell County, Texas and that the stated
advertisement was published in said newspaper on the following date(s):
February 16, 2015
For: Norton Rose Fulbright
Ad #: 16563882
Cost: $561.93
Times Published: 1
Jank9oon
Classified Inside Sales Manager
Subscribed and sworn to before me,
this day: February 16, 2015
)gotAA44—
Public in and for
Bell County, Texas
( ti ,� i 6aEM�ALI6ilLEY
MY CAMMISSION EXPIflES
2616
Vol. a2 -'
y1,QNDAY, Bebmary 16, 2015 TE6IBLE DAILY TELEGRAM I5B
cl
A Homes
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as: iifie.ds a Autos
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Business &Services 64 ' GamgeSales 2002U&
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day or night .
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Pg.
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Virtual Tour of
Area homes
For We &
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EXHIBIT B
Minutes of a Public Hearing
Conducted by the Tarrant County Cultural Education
Facilities Finance Corporation on March 6, 2015
A public hearing by Tarrant County Cultural Education Facilities Finance Corporation
was held on March 6, 2015, at 10:00 am., Central Daylight Savings Time, at the offices of Scott
& White Healthcare, 2401 South 31" Street, Temple, Texas 76508, in Room C611 located on the
6* floor of the main Hospital Building, pursuant to notice given. The hearing was called to order
at 10:00 a.m. by the undersigned, as Hearing Officer.
The Hearing Officer then stated:
"Now is the time and place set for the public hearing to be conducted pursuant to Section
147 of the Internal Revenue Code of 1986, as amended, with respect to the issuance by the
Tarrant County Cultural Education Facilities Finance Corporation (the "Issuer"), of hospital
revenue bonds pursuant to a plan of financing, in multiple series and in multiple years
(collectively, the "Bonds"), in an aggregate principal amount not to exceed $1,600,000,000, to
assist Baylor Scott & White Holdings ( "BSW Holdings") in financing and refinancing costs of
hospital and other health care and related support facilities and equipment. The proceeds of the
Bonds will be used to: (1) finance and/or refinance the construction, reconstruction, renovation,
furnishing, remodeling, rehabilitation and/or equipping of health facilities, including but not
limited to, hospital facilities (the "New Money Projects "); (2) refund all or a portion of the
following prior bond issues and/or lease obligations: Tarrant County Cultural Education
Facilities Finance Corporation Hospital Revenue Bonds (Scott and White Memorial Hospital and
Scott, Sherwood and Brindley Foundation Project) Series 2008 -1, the Tarrant County Cultural
Education Facilities Finance Corporation Hospital Revenue Bonds (Scott and White Memorial
Hospital and Scott, Sherwood and Brindley Foundation Project) Series 2008A, the Tarrant
County Cultural Education Facilities Finance Corporation Hospital Revenue Refunding Bonds
(Baylor Health Care System Project) Series 2009, Tarrant County Cultural Education Facilities
Finance Corporation Hospital Revenue Bonds (Scott & White Healthcare Project) Series 2010,
the Tarrant County Cultural Educational Facilities Finance Corporation Hospital Revenue Bonds
(Baylor Health Care System Project) Series 2011D, and the Tarrant County Cultural Educational
Facilities Finance Corporation Hospital Revenue Bonds (Baylor Health Care System Project)
Series 2011E, which financed and/or refinanced the construction, reconstruction, renovation,
furnishing, remodeling, rehabilitation and/or equipping of health facilities, including but not
limited to, hospital facilities (the "Refunded Bond Projects "); (3) pay capitalized interest on the
Bonds to the extent authorized; and (4) pay the costs of issuing the Bonds."
"The New Money Projects and the Refunded Bond Projects (collectively, the "Projects')
are at the following locations:
(1) Baylor All Saints Medical Center and facilities located at or adjacent to 1400
Eighth Avenue, Fort Worth, Texas 76104;
(2) Baylor Regional Medical Center at Grapevine and facilities located at or adjacent
to 1650 West College Street, Grapevine, Texas 76051;
35129858.2/11501077 B -1 Vol.
(3) the facilities comprising the entire main campus of Baylor Health Care System
and Baylor University Medical Center located in the City of Dallas, at or adjacent to 3500
Gaston and 3600 Gaston, Dallas, Texas, including but not limited to, facilities at or adjacent to
3505 Gaston and 3535 Worth Street, 75246;
(4) Baylor Health Care System and facilities located at or adjacent to 2001 Bryan
Street, Dallas, Texas 75201;
(5) Baylor Regional Medical Center at Plano and facilities located at or adjacent to
4700 Alliance Boulevard, Plano, Texas 75093;
(6) Baylor Medical Center at Garland and facilities located at or adjacent to 2300
Marie Curie Boulevard, Garland, Texas 75042 and 501 -621 Clara Barton Boulevard, Garland,
Texas 75042;
(7) Baylor Medical Center at McKinney and facilities located at or adjacent to 5252
W. University Drive, McKinney, Texas 75071;
(8) Baylor Medical Center at Irving and facilities located at or adjacent to 1901 N.
MacArthur Boulevard, Irving, Texas 75061 and 400 West I -635 (LBJ Freeway), Irving, Texas
75063;
(9) Baylor Medical Center at Waxahachie, d/b /a Baylor Scott & White Medical
Center Waxahachie, and facilities located at or adjacent to 1405 W. Jefferson Street,
Waxahachie, Texas 75165, and 2400 N. Interstate Highway 35, Waxahachie, Texas 75165;
(10) Our Children's House at Baylor and Baylor University Medical Center and
facilities located at or adjacent to 3301 Swiss Avenue and 3504 Swiss Avenue, Dallas, Texas
75204;
(11) the facilities comprising the entire main campus of Scott & White Healthcare,
Scott & White Memorial Hospital and Scott & White Clinic - Temple located at or adjacent to
2401 South 3181 Street, Temple, Texas 76508;
(12) Scott & White Continuing Care Hospital and facilities located at or adjacent to
546 N. Kegley Rd., Temple, Texas 76502;
(13) Scott & White Center for Diagnostic Medicine and facilities located at or adjacent
to 1605 South 318L Street, Temple, Texas 76508;
(14) Scott & White Clinic — Temple Northside and facilities located at or adjacent to
409 W. Adams Avenue, Temple, Texas 76501;
(15) McLane Children's Scott & White Hospital — Temple and facilities located at or
adjacent to 1901 Southwest H.K. Dodgen Loop, Temple, Texas 76508;
(16) Scott & White Hospital — College Station and facilities located at or adjacent to
700 Scott & White Drive, College Station, Texas 77845;
(17) Scott & White Clinic — College Station and facilities located at or adjacent to
1700 University Drive East, College Station, Texas 7840;
3512985821115010'n B -2 I Vol.
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PAT ERSON
A CHITTS
70
15outh Tesas Ave. .
Bryan, Te.5s MO
979 -775 -6056
www.pataah.mm '
9 March 2015
Judge Duane Peters, Brazos County
200 South Texas Avenue, Suite 332
Bryan, TX 77803
RE: Proposal for Architectural
and Engineering Services for Phase V
Brazos County Courthouse Renovations
Project Number: 1462
Dear Judge Peters,
•Jt t I i
D . 1 _ .. - Date
Cotmty hdge
Patterson * Architects is pleased to present this revision to our original proposal dated
13 January 2009 for Basic Architectural and Engineering Services for the changes in
scope for the Renovations as noted below to the Brazos County Courthouse located in
Bryan, Texas.
SCOPE OF WORK:
We will use the space needs identified in the 2005 needs assessment study and meet
with the current users (department heads, appointed and elected officials) of the
existing facility to design the modifications to the existing courthouse for the Phase V
improvements. The Owner to provide a current hazardous material survey for this
portion of the project and be responsible for all required abatement.
Current project requirements for Phase V includes the following:
A. Site
1. Gate arms and strip parking spaces.
2. Upgrades to exterior lighting.
B. First Floor
1. Replace exist exit vestibule doors and hardware.
2. Renovate existing men and women's public toilets.
3. Install protective wall system at front of elevators 1 and 2.
4. Signage.
5. Replace existing quarry file floors and base (Alternate).
�
lafB g a fference
Vol. ®? %� p�, GY. design
Brazos County Courthouse, Phase V
Page 2
C. Second Floor
1. Complete fire sprinkler system at all remaining spaces.
7. Complete fire alarm system at all remaining spaces.
3. Complete HVAC upgrades and controls at all remaining spaces.
4. Removal and replacement of all ceilings (acoustical and gypsum board) at all
remaining spaces and all abandoned plumbing.
5. Former 856`Distdct Court
a. In addition to the work in items 1 thru 4 above, this suite will also include
the following items:
b. Replace carpet and base.
c. Repaint or refinish all walls and wood trim.
d. No new IT /Data, power or lights (except courtroom).
e. New A/V system similar to Magistrate Court #1.
6. Former 272nd District Court Suite
a. In addition to the work in items 1 thru 4 above, this suite will also include
the following items:
b. Demolished and reconstructed to meet the program of requirements for the
new County Court at Law 3.
c. New A/ V system (similar to 4h floor District Court).
7. Former Magistrate #1 Court Suite
a. In addition to the work in items 1 thru '4 above, this suite will also include the
the following items:
b. Replace carpet and base.
c. Repaint or refinish all walls and wood trim
d. New A/ V system similar to Magistrate Court #1.
e. New benches in Courtroom.
f. No new /IT /Data, power or light fixtures (except courtroom).
S. County Court At Law 1
a.. In addition to items 1 thru 4 above, this suite will also include the
. I following items:
b. Replace Jury box, witness stand.
C. New A/ V system similar to 4#' Floor District Court. .
d. No new T. Data, power and light fixtures.
9. County Court At Law 2
a. Replace carpet, and base.
b. New A/ V system similar to 4"' Floor District Court.
c. No new IT /Data, power and light fixtures. .
10. Jury Services (Former Collections)
4. In addition to items 1 thru 4 above, this area will also include the
following items:
b. Modify existing partitions.
c. New finishes.
11. Conference Room
a. In addition to the work in items 1 thru 3 above, this space will also include
the following items:
b. Carpet and base.
c. Complete gypsum board partitions and paint.
d. New acoustical ceiling.
e. Data, power and lights.
Vol. Pg." ��
Brazos County Courthouse, Phase V
12. Concourse
b. Clean/Strip existing quarry the floors.
c. New chair rail and base North, South and West wall.
d. Repaint existing walls.
d. No. new IT /Data, power and light fixtures.
e. Replace existing quarry file floors and base (Alternate).
13. Renovate exiting men and women's public toilets.
14. Signage.
Page 3
D Third Floor
1. Complete fire sprinkler system at all remaining spaces.
2. Complete fire alarm system at all remaining spaces.
3. Complete HVAC upgrades and controls at all remaining spaces.
4. Removal and replacement of all ceilings (acoustical and gypsum board) at all
remaining spaces and all abandoned plumbing.
5. District Attorney Suite
a. In addition to items 1 thru 4 above, this suite will also include the following
items:
b. Provide corridor behind public toilets to connect the intake area (South)
to the Administration area (North).
c. Replace carpet and base (old auditors office).
d. Repaint all walls (old . auditors office).
e. Demo men and women's toilets for storage.
6. Attorney General (former County Attorney Hot Check)
a. In addition to the. work in items 3 and 4 above, this area will also include
the following:
b. Replace carpet and base.
c. Repaint walls and trim.
d. No new IT /Data, power or light fixtures.
e. Provide corridor behind elevator 3 to connect Attorney General space to
existing Magistrate 2 Suite.
7. Attorney General Court (Former Gore/Miller Magistrate #2 Suite)
:a. In addition to the work in items 1 thru 4 this area will also include the
following:
b. Replace carpet and base.
c. Repaint or refinish all walls and wood trim.
d. New sound system similar to Magistrate Court #1. .
.8. Former 361" District Court
a. In addition to the work in items 1 thru 4 this area will also include the
following:
b. Demo courtroom only, rough in plumbing and electrical.
c. Replace carpet and base (offices only).
d. Repaint or refinish all walls and wood trim (offices. only).
e. No new IT /Data, power or light fixtures.
9. Concourse
a. Clean/ Strip existing quarry tile floors.
b. New chair rail and base.
c. Repaint exiting walls.
d. No new IT /Data and power.
e. Replace existing quarry tile floors and base (Alternate).
Vol. . pg. ���
Brazos County Courthouse, Phase V Page 4
10. Renovate existing men and women's public toilets.
11. Signage.
E. Fire Stairs (1954 Building)
1. Complete fire sprinkler system.
Z. Complete fire alarm system.
3. Install new light fixtures on emergency power.
F. Roofing
1. Replace existing roof system at 1954, Four Story Building.
2. Replace existing roof system at all single story areas (includes replacing
roof drains).
ESTIMATED COST OF CONSTRUCTION
The following is an estimated cost of construction for the current scope of work for
Phase V for areas in which we have the responsibility of specifying materials. Please
refer to the attached construction cost estimate for more detailed breakdown.
Renovations $6,778,750.00
3`d Floor Courtroom $293,000.00
Total Estimated Construction Cost
$7,u71,75u.uu
ARCHITECTURAL. ENGINEERING
FEES
Basic Services -
For Architectural/ Engineering Services as described
above, compensation shall be
based on ten percent (10 %) of the construction cost to renovate the existing facility.
Using the estimated construction cost above, when broken down in phases, this fee
would be invoiced as follows:
Architectural /Engineering Service % of Contract
Amount .
Conceptual Design 15%
$106,076.00
Preliminary Design 20%
$141,435.00
Final Design 40%
$282,870.00
RFP Preparations & Evaluations 5 %*
$33,893.00
Construction Administration 20 %*
$135,575.00
TOTAL 100%
$699,849.00
* The 3rd Floor Courtroom will be designed for future construction to utilize the
drawing for plumbing rough in, the RFP and Construction Administration Phases of
the A/E Basic Services will not apply to this project.
Vol. Pg. /47 -
Brazos County Courthouse, Phase V Page 5
CONDITIONS OF THE AGREEMENT
As'discussed in the kick off meeting, our current agreement with Brazos County will be
amended to include the above scope of work and a purchase order will be required in
order for Patterson Architects to proceed with, the work for Phase V of the Courthouse
Renovations.
We sincerely appreciate the opportunity to submit this proposal and look forward to
working with you on this Phase of the Brazos County Courthouse Renovations.
Respectfully submitted,
HHS Contract No 2014- 044112 -001
DATA USE AGREEMENT
BETWEEN THE
TEXAS HEALTH AND HUMAN SERVICES ENTERPRISE
AND
BRAZOS COUNTY CLERK'S OFFICE ( "CONTRACTOR ")
This Data Use Agreement ("DUA'), effective as of the date signed below ("Effective Date'), is
entered into by and between the Texas Health and Human Services Enterprise agency DDpartment of
State Health Services ClIHS') and BRAZOS COUNTY CLERK'S OFFICE ("CONTRACTOR "), and
incorporated into the terms of HHS Contract No.2014-044112 -001 in Travis County, Texas (the "Base
Contract ").
ARTICLE I.PURPOSE; APPLICABILITY; ORDER OF PRECEDENCE
The purpose of this DUA is to facilitate creation, receipt, maintenance, use, disclosure or access to
Confidential Information with CONTRACTOR, and describe CONTRACTOR's rights and obligations with
respect to the Confidential Information and the limited purposes for which the CONTRACTOR may create,
receive, maintain, use, disclose or have access to Confidential Information. 45 CFR 164'.508(2)(ri)(A) This
DUA also describes HHS's remedies in the event of CONTRACTOR's noncompliance with its obligations
under this DUA. This DUA applies to both Business Associates and contractors who are not Business
Associates who create, receive, maintain, use, disclose or have access to Confidential Information on behalf
of HHS, its programs or clients as described in the Base Contract.
As of the Effective Date of this DUA, if any provision of the Base Contract, including any General
Provisions or Uniform Terms and Conditions, conflicts with this DUA, this DUA controls.
ARTICLE 2. DEFINITIONS
For the purposes of this DUA, capitalized, underlined terms have the meanings set forth in the
following: Health Insurance Portability and Accountability Act of 1996, Public Law 104 -191 (42 U.S.C.
§ 1320d, et seg.) and regulations thereunder in 45 CFR Parts 160 and 164, including all amendments,
regulations and guidance issued thereafter; The Social Security Act, including Section 1137 (42 U.S.C.
§§ 1320b -7), Title XVI of the Act; The Privacy Act of 1974, as amended by the Computer Matching and
Privacy Protection Act of 1988, 5 U.S.C. § 552a and regulations and guidance thereunder; Internal Revenue
Code, Title 26 of the United States Code and regulations and publications adopted under that code, including
IRS Publication 1075; OMB Memorandum 07 -18; Texas Business and Commerce Code Ch. 521; Texas
Goverment Code, Ch. 552, and Texas Government Code §2054.1125. In addition, the following terms in
this DUA are defined as follows:
"Authorized Purpose" means the specific purpose or purposes described in the Scope of Work of
the Base Contract for CONTRACTOR to fulfill its obligations under the Base Contract, or any other purpose
expressly authorized by HHS in writing in advance.
"Authnrizad Meer" means a Person:
(1) Who is authorized to create, receive, maintain, have access to, process, view, handle,
examine, interpret, or analyze Confidential Information pursuant to this DUA;
(2) For whom CONTRACTOR warrants and represents has a demonstrable need to create,
receive, maintain, use, disclose or have access to the Confidential Information; and
(3) Who has agreed in writing to be bound by the disclosure and use limitations pertaining to
the Confidential Information as required by this DUA.
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HHS Contract No 2014- 044112 -001
"Confidential information" means any communication or record (whether oral, written,
electronically stored or transmitted, or in any other form) provided to or made available to CONTRACTOR
or that CONTRACTOR may create, receive, maintain, use, disclose or have access to on behalf of HHS that
consists of or includes any or all of the following:
(1) Client Information;
(2) Protected Health Information in any form including without limitation, Electronic
Protected Health Information or Unsecured Protected Health Information;
(3) Sensitive Personal Information defined by Texas Business and Commerce Code Ch. 521;
(4) Federal Tax Information;
(5) Personally Identifiable Information,
(6) Social Security Administration Data, including, without lira tation, Medicaid
information;
(7) All privileged work product;
(8) All information designated as confidential under the constitution and laws of the State of
Texas and of the United States, including the Texas Health & Safety Code and the Texas Public
Information Act, Texas Government Code, Chapter 552.
"Leeallv Authorized Representative" of the Individual, as defined by Texas law, including as
8)(1) (I-
provided in 45 CFR 435.923 (Medicaid); 45 CFR 164.502(IIPAA); Tex. Occ. Code § 151.002(6);
Tex. H. & S. Code § 166.164; Estates Code Ch. 752 and Texas Prob. Code § 3.
ARTICLE 3.CONTRACTOR'S DUTIES REGARDING CONFIDENTIAL INFORMATION
Section 3.01 Obligations of CONTRACTOR
CONTRACTOR agrees that:
(A) CONTRACTOR will exercise reasonable care and no less than the same degree of care
CONTRACTOR uses to protect its own confidential, proprietary and trade secret information to prevent
any portion of the Confidential Information from being used in a manner that is not expressly an
Authorized Purpose under this DUA or as Required by Law. 45 CFR504(e)(2)(i)
(B) CONTRACTOR will not, without HHS's prior written consent, disclose or allow access
to any portion of the Confidential Information to any Person or other entity, other than Authorized User's
Workforce or Subcontractors of CONTRACTOR who have completed training in confidentiality, privacy,
security and the importance of promptly reporting any Event or Breach to CONTRACTOR's
management, to carry out the Authorized Purpose or as Reg by Law.
HHS, at its election, may assist CONTRACTOR in training and education on specific or unique
HHS processes, systems and/or requirements. CONTRACTOR will produce evidence of completed
training to HHS upon request. 45 C.F.R. 164.308(a)(5)(1); Texas Health & Safety Code §181.101
(C) CONTRACTOR will establish, implement and maintain appropriate sanctions against
any member of its Workforce or Subcontractor who fails to comply with this DUA, the Base Contract or
applicable law. CONTRACTOR will maintain evidence of sanctions and produce it to HHS upon
request.45 CRR .164.308(a)(ll)(C),164.530(e), 164.410(6)
(D) CONTRACTOR will not, without prior written approval of HHS, disclose or provide
access to any Confidential Information on the basis that such act is Required by Law without notifying
HHS so that HHS may have the opportunity to object to the disclosure or access and seek appropriate
relief. If HHS objects to such disclosure or access, CONTRACTOR will refrain from disclosing or
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HHS Contract No 2014 - 044112 -001
providing access to the Confidential Information until HHS has exhausted all alternatives for relief. 45
CFR I64.504(a),(c)(e) and (0
(E) CONTRACTOR will not attempt to re- identify or further identify Confidential
Information or De- identified Information, or attempt to contact any Individuals whose records are
contained in the Confidential Information, except for an Authorized Purpose, without express written
authorization from HHS or as expressly permitted by the Base Contract. 45 CFR 164.502(d)(2)(i) and r)
CONTRACTOR will not engage in prohibited marketing or sale of Confidential Information. 45 CFR
164.501, 164.508(x)(3) and (4); Texas Health & Safety Code Ch. 181.002
(F) CONTRACTOR will not permit, or enter into any agreement with a Subcontractor to,
create, receive, maintain, use, disclose, have access to or transmit Confidential Information, on behalf of
CONTRACTOR without express written approval of HHS, in advance. HHS prior approval, at a
minimum will require that Subcontractor and CONTRACTOR execute the Form Subcontractor
Agreement, Attachment 1, which ensures the subcontract contains identical terms, conditions, safeguards
and restrictions as contained in this DUA for PHI and any other relevant Confidential Information and
which permits more strict limitations; and 45 CFR 164.504(e)(2)(ii)(A), (B), (D) and (e)(5)
(G) CONTRACTOR is directly responsible for compliance with, and enforcement of, all
conditions for creation, maintenance, use, disclosure, transmission and Destruction of Confidential
Information and the acts or omissions of Subcontractors as maybe reasonably necessary to prevent
unauthorized use. 45 CFR 164.504(e)(5), 42 CFR 431.300, et seq.
(M If CONTRACTOR maintains PHI in a Designated Record Set, CONTRACTOR will
make PHI available to HHS in a Designated Record Set or, as directed by HHS, provide PHI to the
Individual, or Legally Authorized Representative of the Individual who is requesting PHI in compliance
with the requirements of the HIPAA Privacy Regulations. CONTRACTOR will make other Confidential
Information in CONTRACTOR's possession available pursuant to the requirements of MEAA or other
applicable law upon a determination of a Breach of Unsecured PHI as defined in HIPAA. 45 CFR
164.524and 164.504(e)(2)(ii)(E)
(I) CONTRACTOR will make PHI as required by HIPAA available to HHS for amendment
and incorporate any amendments to this information that HHS directs or agrees to pursuant to the HIPAA.
45 CFR 164.504(e)(2)(1l)(E) and (F)
(J) CONTRACTOR will document and make available to HHS the PHI required to provide
access, an accounting of disclosures or amendment in compliance with the requirements of the HIPAA
Privacy Regulations. 45 CFR 164.504(e)(2)(R)(G) and 164.528
(K) If CONTRACTOR receives a request for access, amendment or accounting of PHI by
any Individual subject to this DUA, it will promptly forward the request to HHS; however, if it would
violate HIPAA to forward the request, CONTRACTOR will promptly notify HHS of the request and of
CONTRACTOR's response. Unless CONTRACTOR is prohibited by law from forwarding a request,
HHS will respond to all such requests. 45 CFR 164.504(e)(2)
(L) CONTRACTOR will provide, and will cause its Subcontractors and agents to provide, to
HHS periodic written certifications of compliance with controls and provisions relating to information
privacy, security and breach notification, including without limitation information related to data transfers
and the handling and disposal of Confidential Information. 45 CFR 164.308; 164.530(c); 1 TAC 202
(M) Except as otherwise limited by this DUA, the Base Contract, or law applicable to the
Confidential Information, CONTRACTOR may use or disclose PH for the proper management and
administration of CONTRACTOR or to carry out CONTRACTOR's legal responsibilities if 45 CFR
16 4.5 0 4 (e) (i i) (l) (A)
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HHS Contract No 2014- 044112 -001
(1) Disclosure is Recuired by Law, provided that CONTRACTOR complies with Section
3.01(D);
(2) CONTRACTOR obtains reasonable assurances from the Person to whom the information
is disclosed that the Person will:
(a) Maintain the confidentiality of the Confidential Information in accordance with this DUA;
(b) Use or further disclose the information only as Required by Law or for the Authoriz ed
PuMose for which it was disclosed to the Person; and
(c) Notify CONTRACTOR in accordance with Section 4.01 of any Event or Breach of
Confidential Information of which the Per on discovers or should have discovered with the
exercise of reasonable diligence. 45 CFR 164.504(e)(4)(d)(B)
(I) Except as otherwise limited by this DUA, CONTRACTOR will, if requested by HHS,
use Fa to provide data aggregation services to HHS, as that term is defined in the HIPAA, 45 C.F.R.
§164.501 and permitted by HIPAA. 45 CFR 164.504(e)(2) (1)(B)
(0) CONTRACTOR will, on the termination or expiration of this DUA or the Base Contract,
at its expense, return to HHS or Destroy, at HHS's election, and to the extent reasonably feasible and
permissible by law, all Confidential Information received from HHS or created or maintained by
CONTRACTOR or any of CONTRACTOR's agents or Subcontractors on HHS's behalf if that data
contains Confidential Information. CONTRACTOR will certify in writing to HHS that all the
Confidential Information that has been created, received, maintained, used by or disclosed to
CONTRACTOR, has been Destroyed or returned to HHS, and that CONTRACTOR and its agents and
Subcontractors have retained no copies thereof. Notwithstanding the foregoing, CONTRACTOR
acknowledges and agrees that it may not Destro y any Confidential Information if federal or state law, or
HHS record retention policy or a litigation hold notice prohibits such Destruction. If such return or
Destruction is not reasonably feasible, or is impermissible by law, CONTRACTOR will immediately
notify HHS of the reasons such return or Destruction is not feasible, and agree to extend indefinitely the
protections of this DUA to the Confidential Information and limit its further uses and disclosures to the
purposes that make the return of the Confidential Information not feasible for as long as CONTRACTOR
maintains such Confidential Information. 45 CFR 164.504(J
(P) CONTRACTOR will create, maintain, use, disclose, transmit or Destroy Confidential
Information in a secure fashion that protects against any reasonably anticipated threats or hazards to the
security or integrity of such information or unauthorized uses. 45 CFR 164.306; 164.530(c)
(Q) If CONTRACTOR transmits, stores, and/or maintains Confidential Information on non -HHS
systems or networks, CONTRACTOR completed the HHS initial security assessment at
httl2: //hhscx.hhsc.state.tx.us /tech /default.shtml to identify and mitigate identified risks prior toexecution
of this DUA. CONTRACTOR's initial security assessment will document security controls within
CONTRACTOR's system that protect HHS Confidential Information. CONTRACTOR will comply with
periodic security controls compliance assessment and monitoring by HHS as required by state and federal
law, based on the type of Confidential Information CONTRACTOR creates, receives, maintains, uses,
discloses or has access to and the Authorized Purpose and level of risk. CONTRACTOR's security
controls will be based on the National Institute of Standards and Technology (NISI) Special Publication
800 -53. CONTRACTOR will update its security controls assessment whenever there are significant
changes in security controls for HHS Confidential Information and will provide the updated document to
HHS. HHS also reserves the right to request updates as needed to satisfy state and federal monitoring
requirements. 45 CFR 164306
(R) CONTRACTOR will establish, implement and maintain any and all appropriate
procedural, administrative, physical and technical safeguards to preserve and maintain the
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HHS Contract No 2014 - 044112 -001
confidentiality, integrity, and availability of the Confidential Information and with respect to PHI, as
described in the HIPAA Privacy and Security Re laug tions, or other applicable laws or regulations relating
to "Confidential Information, to prevent any unauthorized use or disclosure of Confidential Information as
long as CONTRACTOR has such Confidential Information in its actual or constructive possession. 45
CFR 164.308 (administrative safeguards); 164.310 (physical safeguards); 164.312 (technical
safeguards); 164.530(c)(privacysafeguards)
(S) CONTRACTOR will designate and identify, subject to HHS approval, a Person or
Persons, as Privacy Official 45 CFR 164.530(a)(1) and Information Security Official, each of whom is
authorized to act on behalf of CONTRACTOR and is responsible for the development and
implementation of the privacy and security requirements in this DUA. 45 CFR 164.308(a)(2)
(T) CONTRACTOR represents and warrants that its Authorized Users each have a
demonstrated need to know and have access to Confidential Information solely to the minimum extent
necessary to accomplish the Authorized Purpose pursuant to this DUA and the Base Contract, and further,
that each has agreed in writing to be bound by the disclosure and use limitations pertaining to the
Confidential Information contained in this DUA. 45 CFR 164.502; 164.514(d)
(U) CONTRACTOR and its Subcontractors will maintain an updated, complete, accurate and
numbered list of Authorized Users, their signatures, titles and the date they agreed to be bound by the
terns of this DUA, at all times and supply it to HHS, as directed, upon request.
(V) CONTRACTOR will implement, update as necessary, and document reasonable and
appropriate policies and procedures for privacy, security and Breach of Confidential Information and an
incident response plan for an Event or Breach to comply with the privacy, security and breach notice
requirements of this DUA prior to conducting work under the DUA. 45 CFR 164.308; 164.514(d)
(W) CONTRACTOR will produce copies of its information security and privacy policies and
procedures and records relating to the use or disclosure of Confidential Information received from,
created by, or received, used or disclosed by CONTRACTOR on behalf of HHS for HHS's review and
approval within 30 days of execution of this DUA and upon request by HHS the following business day
or other agreed upon time firame. 45 CFR 164.308; 164.514(d)
(X) CONTRACTOR will make available to HHS any information HHS requires to fulfill HHS%
obligations to provide access to, or copies of, PHI in accordance with HIPAA and other applicable laws and
regulations relating to Confidential Information. CONTRACTOR will provide such information in a time
and manner reasonably agreed upon or as designated by the Se cre or other federal or state law. 45 CFR
164.504(E)(1)(7)
(Y) CONTRACTOR will only conduct secure transmissions of Confidential Information
whether in paper, oral or electronic form. A secure transmission of electronic Confidential Information in
motion includes secure File Transfer Protocol (SFTP) or Encryption at an appropriate level or otherwise
protected as required by rule, regulation or law. HHS Confidential Information at rest requires Encryption
unless there is adequate administrative, technical, and physical security, or as otherwise protected as
required by rule, regulation or law. All electronic data transfer and communications of Confidential
Information will be through secure systems. Proof of system, media or device security and/or Encryption
must be produced to HHS no later than 48 hours after HHS's written request in response to a compliance
investigation, audit or the Discovery of an Event or Breach. Otherwise, requested production of such
proof will be made as agreed upon by the parties. De- identification of HHS Confidential Information is
a means of security. With respect to de- identification of PHI, "secure" means de- identified according to
HIPAA Privacy standards and regulatory guidance. 45 CFR 164.312; 164.530(d)
(Z) CONTRACTOR will comply with the following laws and standards if applicable to the type of
Con frdenfialIn form ation and Contractor's Authorired Purpose:
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HHS Contract No 2014 - 044112 -001
• Title 1, Part 10. Chapter 202, Subchapter B, Texas Administrative Code;
• The Privacy Act of 1974;
• OMB Memorandum 07 -16;
• The Federal Information Security Management Act of 2002 (FISMA);
• The Health Insurance Portability and Accountability Act of 1996 (HIP AA) as defined in the
DUA;
• Internal Revenue Publication 1075 — Tax Information Security Guidelines for Federal, State
and Local Agencies;
• National Institute of Standards and Technology (MIST) Special Publication 800 -66 Revision
1 — An Introductory Resource Guide for Implementing the Health Insurance Portability and
Accountability Act (HIPAA) Security Rule;
• NIST Special Publications 800 -53 and 800 -53A — Recommended Security Controls for
Federal Information Systems and Organizations, as currently revised;
• NIST Special Publication 800-47 — Security Guide for Interconnecting Information
Technology Systems;
• NIST Special Publication 800 -88, Guidelines for Media Sanitization:
• NIST Special Publication 800 -111, Guide to Storage of Encryption Technologies for End
User Devices containing PHI; and
• Any other State or Federal law, regulation, or administrative rule relating to the specific HHS
program area that CONTRACTOR supports on behalf of HHS.
ARTICLE 4. BREACH NOTICE, REPORTING AND CORRECTION REQUIREMENTS
Section 4.01. Breach or Eiga NotiJkation to HHS. 45 CFR 164.400 -414
(A) CONTRACTOR will cooperate fully with HHS in investigating, mitigating to the extent
practicable and issuing notifications directed by HHS, for any Event or Breach of Confidential
Information to the extent and in the manner determined by HHS.
(B) CONTRACTOR'S obligation begins at the Discovery of an Event or Breach and
continues as long as related activity continues, until all effects of the Event are mitigated to
HHS's satisfaction (the "incident response period"). 45 CFR 164.404
(C) Breach Notice:
1. Initial Notice.
a. For federal information, including without limitation, Federal Tax Information, Social Securiri
Administration Data, and Medicaid Client Information. within the fast, consecutive clock hour
of Discovery, and for all other types of Confidential Information not more than 24 hours after
Discovery, or in a tlrneframe otherwise approved by HHS in writing, initially report to HHS's
Privacy and Security Officers via email at: privacy( HHS.state.tx.us: and IRS Publication 1075;
Privacy Act of 1974, as amended by the Computer Matching and Privacy Protection Act of
1988, 5 U.S. C: § 552a; OMB Memorandum 07 -16 as cited in HHSC-CMS Contracts for
information exchange.
b. Report all information reasonably available to CONTRACTOR about the Event or Breach of
the privacy or security of Confidential Information. 45 CFR 164.410
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HHS Contract No 2014-044112 -001
c. Name, and provide contact information to HHS for, CONTRACTOR'S single point of contact
who will communicate with HHS both on and off business hours during the incident response
period.
2. 48 -Hour Formal Notice. No later than 48 consecutive clock hours after Discovery , or a
time within which Discovery reasonably should have been made by CONTRACTOR of an Event
or Breach of Confidential Information, provide formal notification to the State, including all
reasonably available information about the Event or Breach, and CONTRACTOR'S investigation,
including without limitation and to the extent available: For (a) - (m) below: 45 CFR 164.400-
414
a. The date the Event or Breach occurred;
b. The date of CONTRACTOR's and, if applicable, Subcontractor's Discovery;
c. A brief description of the Event or Breach; including how it occurred and who is responsible
(or hypotheses, if not yet determined);
d. A brief description of CONTRACTOR's investigation and the status of the investigation;
e. A description of the types and amount of Confidential Information involved;
f. Identification of and number of all Individuals reasonably believed to be affected, including
first and last name of the individual and if applicable the, Legally authorized reoresentative, last
known address, age, telephone number, and email address if it is a preferred contact method, to
the extent known or can be reasonably determined by CONTRACTOR at that time;
g. CONTRACTOR's initial risk assessment of the Event or Breach demonstrating whether
individual or other notices are required by applicable law or this DUA for HHS approval,
including an analysis of whether there is a low probability of compromise of the Confidential
Information or whether any legal exceptions to notification apply;
h. CONTRACTOR's recommendation for HHS's approval as to the steps Individuals and/or
CONTRACTOR on behalf of Individuals, should take to protect the Individuals from potential
harm, including without limitation CONTRACTOR's provision of notifications, credit protection,
claims monitoring, and any specific protections for a Legally Authorized Reoresentative to take
on behalf of an Individual with special capacity or circumstances;
i. The steps CONTRACTOR has taken to mitigate the harm or potential harm caused (including
without limitation the provision of sufficient resources to mitigate);
j. The steps CONTRACTOR has taken, or will take, to prevent or reduce the likelihood of
recurrence of a similar Event or Breach;
k. Identify, describe or estimate of the Persons, Workforce, Subcontractor. or Individuals and any
law enforcement that may be involved in the Event or Breach;
1. A reasonable schedule for CONTRACTOR to provide regular updates to the foregoing in the
future for response to the Event or BreacL but no less than every three (3) business days or as
otherwise directed by HHS, including information about risk estimations, reporting, notification,
if any, mitigation, corrective action, root cause analysis and when such activities are expected to
be completed; and
m. Any reasonably available, pertinent information, documents or reports related to an Event or
Breach that HHS requests following Discovery.
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Section 4.02 Investigation, Response and Mifigadon. For A -F below. 45 CFR 164308, 310
and 312
(A) CONTRACTOR will immediately conduct a full and complete investigation, respond to
the Event or Breach, commit necessary and appropriate staff and resources to expeditiously
respond, and report as required to and by HHS for incident response purposes and for purposes of
HHS's compliance with report and notification requirements, to the satisfaction of HHS.
(B) CONTRACTOR will complete or participate in a risk assessment as directed by HHS
following an Event or Breach, and provide the final assessment, corrective actions and
mitigations to HHS for review and approval.
(C) CONTRACTOR will fully cooperate with HHS to respond to inquiries and/or
proceedings by state and federal authorities, Persons and/or Individuals about the Event or
Breach.
(D) CONTRACTOR will fully cooperate with HHS's efforts to seek appropriate injunctive
relief or otherwise prevent or curtail such Event or Breach, or to recover or protect any
Confidential Information, including complying with reasonable corrective action or measures, as
specified by HHS in a Corrective Action Plan if directed by HHS under the Base Contract.
S,wdon 4.03 Breach Notif :cation to IndbdduuLc and Reporting to Authorities. Tex Bus. &
Comm. Code §521.053; 45 CFR 164.404 (Individuals), 164.406 (Media); 164.408 (Authorities)
(A) HHS may direct CONTRACTOR to provide Breach notification to Individuals,
regulators or third - parties, as specified by HHS following a Breach.
(B) CONTRACTOR must obtain HHS's prior written approval of the time, manner and
content of any notification to Individuals, regulators or third - parties, or any notice required by
other state or federal authorities. Notice letters will be in CONTRACTOR's name and on
CONTRACTOR's letterhead, unless otherwise directed by HHS, and will contain contact
information, including the name and title of CONTRACTOR's representative, an email address
and a toll -free telephone number, for the Individual to obtain additional information.
(C) CONTRACTOR will provide HHS with copies of distributed and approved
communications.
(D) CONTRACTOR will have the burden of demonstrating to the satisfaction of HHS that
any notification required by HHS was timely made. If there are delays outside of
CONTRACTOR's control, CONTRACTOR will provide written documentation of the reasons
for the delay.
(E) If HHS delegates notice requirements to CONTRACTOR, HHS shall, in the time and
manner reasonably requested by CONTRACTOR, cooperate and assist with CONTRACTOR's
information requests in order to make such notifications and reports.
ARTICLE 5. SCOPE OF WORK
Scope of Work means the services and deliverables to be performed or provided by
CONTRACTOR, or on behalf of CONTRACTOR by its Subcontractors or agents for HHS that are described
in detail in the Base Contract. The Scope of Work, including any future amendments thereto, is incorporated
by reference in this DUA as if set out word- for -word herein.
HHS Data Use Agreement V.8.2 HIPAA Omnibus Compliant February 6, 2015
Page 8 of 11
Vol. �21 do� pg. ���
HHS Contract No 2014- 044112 -001
ARTICLE 6. GENERAL PROVISIONS
Section 6.01 OwnershipofConfidenda !Information
CONTRACTOR acknowledges and agrees that the Confidential Information is and will remain the
property of HHS. CONTRACTOR agrees it acquires no title or rights to the Confidential Information.
Section 6.02 HHS Commitment and Obligations
HHS will not request CONTRACTOR to create, maintain, transmit, use or disclose PHI in any manner
that would not be permissible under applicable law if done by HHS.
Section 6.03 HHS Right to Inspection
At any time upon reasonable notice to CONTRACTOR, or if HHS determines that CONTRACTOR
has violated this DUA, HHS, directly or through its agent, will have the right to inspect the facilities, systems,
books and records of CONTRACTOR to monitor compliance with this DUA. For purposes of this
subsection, HHS's agent(s) include, without limitation, the HHS Office of the Inspector General or the Office
of the Attorney General of Texas, outside consultants or legal counsel or other designee.
Section 6.04 Tern:; Termination of DUA; Survival
This DUA will be effective on the date on which CONTRACTOR executes the DUA, and will
terminate upon termination of the Base Contract and as set forth herein . If the Base Contract is extended or
amended, this DUA is updated automatically concurrent with such extension or amendment.
(A) HHS may immediately terminate this DUA and Base Contract upon a material violation
of this DUA.
(B) Termination or Expiration of this DUA will not relieve CONTRACTOR of its obligation
to return or Destroy the Confidential Information as set forth in this DUA and to continue to safeguard the
Confidential Information until such time as determined by HHS.
(D) If HHS determines that CONTRACTOR has violated a material term of this DUA; HHS
may in its sole discretion:
1. Exercise any of its rights including but not limited to reports, access and inspection under
this DUA and/or the Base Contract; or
2. Require CONTRACTOR to submit to a corrective action plan, including a plan for
monitoring and plan for reporting, as HHS may determine necessary to maintain compliance with
this DUA; or
3. Provide CONTRACTOR with a reasonable period to cure the violation as determined
by HHS; or
4. Terminate the DUA and Base Contract immediately, and seek relief in a court of
competent jurisdiction in Travis County, Texas.
Before exercising any of these options, HHS will provide written notice to CONTRACTOR
describing the violation and the action it intends to take.
(E) If neither termination nor cure is feasible, HHS shall report the violation to the. Secretary.
(F) The duties of CONTRACTOR or its Subcontractor under this DUA survive the expiration or
termination of this DUA until all the Confidential Information is Destroyed or returned to HHS, as
required by this DUA.
HHS Data Use Agreement V.8.2 HIPAA Omnibus Compliant February 6, 2015
Page 9 of I 1
V _ pg, /�✓
HHS Contract No 2014- 044112 -001
Seetion 6.05 Governing Law, Venue and Litigation
(A) The validity, construction and performance of this DUA and the legal relations among the
Parties to this DUA will be governed by and construed in accordance with the laws of the State of Texas.
(B) The Parties agree that the courts of Travis County, Texas, will be the exclusive venue for
any litigation, special proceeding or other proceeding as between the parties that may be brought, or arise
out of, or in connection with, or by reason of this DUA.
Section 6.06 Injunctive Relief
(A) CONTRACTOR acknowledges and agrees that HHS may suffer irreparable injury if
CONTRACTOR or its Subcontractor fails to comply with any of the terms of this DUA with respect to
the Confidential Information or a provision of HIPAA or other laws or regulations applicable to
Confidential Information.
(B) CONTRACTOR further agrees that monetary damages may be inadequate to compensate
HHS for CONTRACTOR's or its Subcontractor's failure to comply. Accordingly, CONTRACTOR
agrees that HHS will, in addition to any other remedies available to it at law or in equity, be entitled to
seek injunctive relief without posting a bond and without the necessity of demonstrating actual damages,
to enforce the terms of this DUA.
Section 6.07 Indemnification
CONTRACTOR will indemnify, defend and hold harmless HHS and its respective Executive
Commissioner, employees, Subcontractors, agents (including other state agencies acting on behalf of HHS)
or other members of its Workforce each of the foregoing hereinafter referred to as "Indemnified Party)
against all actual and direct losses suffered by the Indemnified Party and all liability to third parties arising
from or in connection with any breach of this DUA or from any acts or omissions related to this DUA by
CONTRACTOR or its employees, directors, officers, Subcontractors, or agents or other members of its
Workforce. The duty to indemnify, defend and hold harmless is independent of the duty to insure and
continues to apply even in the event insurance coverage required, if any, in the DUA or Base Contract is
denied, or coverage rights are reserved by any insurance carrier. Upon demand, CONTRACTOR will
reimburse HHS for any and all losses, liabilities, lost profits, fines, penalties, costs or expenses (including
reasonable attorneys' fees) which may for any reason be imposed upon any Indemnified Party by reason of
any suit, claim, action, proceeding or demand by any third party to the extent caused by and which results
from the CONTRACTOR's failure to meet any of its obligations under this DUA. CONTRACTOR's
obligation to defend, indemnify and hold harmless any Indemnified Party will survive the expiration or
termination of this DUA.
Section 6.09 Insurance
(A) In addition to any insurance required in the Base Contract, at HHS's option, HHS may
require CONTRACTOR to maintain, at its expense, the special and/or custom first- and third -party
insurance coverages, including without limitation data breach, cyber liability, crime theft and notification
expense coverages, with policy limits sufficient to cover any liability arising under this DUA, naming the
State of Texas, acting through HHS, as an additional named insured and loss payee, with primary and
non - contributory status, with required insurance coverage, by the Effective Date, or as required by HHS.
(B) CONTRACTOR will provide HHS with written proof that required insurance coverage is
in effect, at the request of HHS.
HHS Data Use Agreement V.8.2 HIPAA Omnibus Compliant February 6, 2015
Page 10 of 11
Vol, pg. `��
HHS Contract No 2014- 044112 -001
Section 6.09 Fees and Costs
Except as otherwise specified in this DUA or the Base Contract, including but not limited to
requirements to insure and/or indemnify HHS, if any legal action or other proceeding is brought for the
enforcement of this DUA, or because of an alleged dispute, contract violation, Event, Breach default,
misrepresentation, or injunctive action, in connection with any of the provisions of this DUA, each party will
bear their own legal expenses and the other cost incurred in that action or proceeding.
Section 6.10 Entirety of the Contract
This Data Use Agreement is incorporated by reference into the Base Contract and, together with the
Base Contract, constitutes the entire agreement between the parties. No change, waiver, or discharge of
obligations arising under those documents will be valid unless in writing and executed by the party against
whom such change, waiver, or discharge is sought to be enforced.
Section6.11 Automatic Amendment and Interpretation
Upon the effective date of any amendment or issuance of additional regulations to HIPAA, or any
other law applicable to Confidential Information, this DUA will automatically be amended so that the
obligations imposed on HHS and/or CONTRACTOR remain in compliance with such requirements. Any
ambiguity in this DUA will be resolved in favor of a meaning that permits HHS and CONTRACTOR to
comply with HWAA or any other law applicable to Confidential Information.
ARTICLE 7. AUTHORITY To EXECUTE
The Parties have executed this DUA in their capacities as stated below with authority to bind their
organizations on the dates set forth by their signatures.
IN WITNESS HEREOF, HHS and CONTRACTOR have each caused this DUA to be signed and
delivered by its duly authorized representative:
TEXAS HE H ERVICES
BY:
NAME: P 14 1C0i
TITLE:
DATE: t f KYt l A a . 201 C
CO RAC7
BY:
NAMME: �pruc e- Peers
TITLE: W ur flu �tJ
DATE: WrOh I j .20169
HHS Data Use Agreement V.8.2 HEPAA Omnibus Compliant February 6, 2015
Page l l of l l
HHS Contract No. 2014 -044112 -001
ATTACHMENT 1. SUBCONTRACTOR AGREEMENT FORM
HHSCONTRACTNUMBER 2014- 044112 -001
The DUA between HHS and CONTRACTOR establishes the permitted and required uses and disclosures
of Confidential Information by CONTRACTOR.
CONTRACTOR has subcontracted with
(SUBCONTRACTOR) for performance of duties on behalf of CONTACTOR which are subject to the
DUA. SUBCONTRACTOR acknowledges, understands and agrees to be bound by the identical terms
and conditions applicable to CONTRACTOR under the DUA, incorporated by reference in this
Agreement, with respect to HHS Confidential Information. CONTRACTOR and SUBCONTRACTOR
agree that HHS is a third -party beneficiary to applicable provisions of the subcontract.
HHS has the right but not the obligation to review or approve the terms and conditions of the subcontract
by virtue of this Subcontractor Agreement Form.
CONTRACTOR and SUBCONTRACTOR assure HHS that any Breach or Event as defined by the DUA
that SUBCONTRACTOR Discovers will be reported to HHS by CONTRACTOR in the time, manner
and content required by the DUA.
If CONTRACTOR knows or should have known in the exercise of reasonable diligence of a pattern of
activity or practice by SUBCONTRACTOR that constitutes a material breach or violation of the DUA or
the SUBCONTRACTOR's obligations CONTRACTOR will:
1. Take reasonable steps to cure the violation or end the violation, as applicable;
2. If the steps are unsuccessful, terminate the contract or arrangement with SUBCONTRACTOR, if
feasible;
3. Notify HHS immediately upon reasonably discovery of the pattern of activity or practice of
SUBCONTRACTOR that constitutes a material breach or violation of the DUA and keep HHS
reasonably and regularly informed about steps CONTRACTOR is taking to cure or end the
violation or terminate SUBCONTACTOR's contract or arrangement.
This Subcontractor Agreement Form is executed by the parties in their capacities indicated below.
CONTRACTOR
BY:
NAME:
TITLE:
BY:
NAME:
DATE 1201. DATE:
SUBCONTRACTOR
HHS Data Use Agreement V.8.2. HIPAA Omnibus Compliant February 6, 2015
Attachment 1
p9. -�_.
HHS Contract No. 2014- 044112 -001
Vol.
10
INTERLOCAL AGREEMENT
�, / Contracting Parties
/j/1 tos ComAI y Region 14 Educational Service Center
(Participating Agency) (Lead Agency)
-7q- (0000433
(Federal Tax ID Number)
This agreement is effective upon signature and shall be automatically renewed unless either party gives
sixty (60) days prior written notice of non - renewal. This agreement may be terminated with or without
cause by either party upon (60) days prior written notice, or may also be terminated for cause at anytime
upon written notice stating the reason for and effective date of such terminations and after giving the
affected party a thirty (30) day period to cure any breach.
Statement of Services to be Performed:
Authority for such services is granted under Government Code, Title 7, Chapter 791 Interlocal
Cooperation Contracts, Subchapter B and Subchapter C, and Local Government Code, Title 8, Chapter
271, Subchapter F, Section 271.101 and Section 271.102. The purpose of this cooperative is to obtain
substantial savings for member school districts and public entities through volume purchasing.
Role of the Purchasing Cooperative
1. Provide for the organizational and administrative structure of the program
2. Provide staff time necessary for efficient operation of the program.
3. Receive quantity requests from entities and prepare appropriate tally of quantities.
4. Initiate and implement activities related to the bidding and vendors selection process.
5. Provide members with procedures for ordering, delivery, and billing.
Role of the Participating Agency:
1. Commitment to participate in the program as indicated by an authorized signature in the
appropriate space below.
2. Designate a contact person for the cooperative.
3. Commit to purchase products and services that become part of the official products and services
list when it is in the best interest of the member entity.
4. Prepare purchase orders issued to the appropriate vendor from the official award list provided by
the Purchasing Cooperative. _.
Vol.
5. Accept shipments of products ordered from vendors in accordance with standard purchasing
procedures.
6. Pay vendors in a timely manner for all goods and services received.
Authorization:
Region 14 Education Service Center and the National Cooperative Purchasing Alliance (NCPA) executed
a contract to provide cooperative purchasing opportunities to public and nonprofit agencies nationwide.
Please send a signed Interlocal Agreement by email to membershipna,ncpa.us, fax to (888) 543 -6515, or
mail to NCPA, P.O. Box 701273, Houston, TX 77270. A facsimile or email transmission of an
executed signature page of the agreement shall have the same force and effect as an original signature page.
Par cipa g A ency
By
Authorized Signature
_ItDwoJ : a'o�
Title
MA -ectr 0; u? 15-
Date
ljvA, CtW2 n Wpanf
Contact Person
`('ZGHtSIr(4— k6cetlI
Title of Contact
Zco SOLTC% 7X M1�.IST�.3�Z
Street Address
Ti;ZYIW tTK -11803
City, State Zip
- '-71136l -YL9z
Contact's Telephone Number
�t�lci fATIV/S2/tib5 t'oant7ti /�C. aVV
Email Address
Region 14 Education Service Center
EYA
Authorized Signature
Title
Date
Contact Person
Telephone Number
Email Address
Vol. '9/J' pg.
1
Resolution No. 25 -2015
Resolution authorizing the City Manager to execute an interlocal
agreement with Brazos County, Texas for the purchase of certain
supplies, equipment and services
WHEREAS, pursuant to the authority granted by Texas Government Code
Chapter 791 at seq. of the Interlocal Cooperation Act, local government entities may
enter into interlocal agreements for the purchase of supplies, equipment and services;
and,
WHEREAS, the City of Wichita Falls and Brazos County, Texas desire to enter
such an agreement, the goal being to obtain cost savings and reduce time.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF WICHITA FALLS, TEXAS, THAT:
Authorization is granted for the City Manager to execute an interlocal agreement
with Brazos County, Texas for the purchase of certain supplies, equipment and
services.
PASSED AND APPROVED this the 3rd day of March, 2015.
ATTEST:
Cit lerk
1 F.
INTERLOCAL PURCHASE AGREEMENT
BETWEEN WICHITA FALLS, TEXAS AND BRAZOS COUNTY, TEXAS
Wichita Falls, Texas and Brazos County, Texas enter into this Interlocal Purchase Agreement (the "Agreement"),
acting by and through their respective governing bodies, under the authority of the Interlocal Cooperation Act, Texas
Government Code Chapter 791 and Texas Local Government Code Chapter 271. The undersigned Local Governments
may be referred to in this Agreement individually as a "Party" and collectively as the "Parties."
RECITALS:
This Agreement is authorized by Chapter 741 of the Texas Gov't Code and Local Government Code Chapter 271,
subchapter F. The Parties are local governments as that term is defined in Local Government Code section
271.101(2 }. Section 271.102 of that code authorizes local governments to participate in a cooperative purchasing
program with another local government or local cooperative organization. A local government that purchases
materials, supplies, goods, services or equipment under a cooperative purchasing program with another local
government satisfies the requirement of the local government to seek competitive bids to purchase goods or services.
Texas local governments have the ability to realize substantial savings and economies of scale by cooperatively
procuring materials, supplies, goods, services or equipment.
The Parties desire to enter into a cooperative purchasing program, which will allow the Parties to purchase materials,
supplies, goods, services or equipment from each other. THEREFORE, in consideration of the mutual promises here,
and for other good and valuable consideration the receipt and sufficiency of which is acknowledged, the Parties agree
as follows:
ARTICLE 1
PURPOSE
This Agreement's purpose is to establish a cooperative purchasing program between the Parties, which will
allow the Parties to realize savings when purchasing materials, supplies, goods, services or equipment, and
which will facilitate the Parties' ability to satisfy state laws requiring the Parties to seek competitive bids for
the purchase of goods and services. Each Party, in contracting for the purchase of supplies, materials,
equipment, and services agrees, at its discretion, to extend contracts for shared use to the extent permitted by
law and agreed upon by those parties and vendors. This Agreement is not intended to create, nor should it be
construed as creating a partnership, association,joint venture, or trust.
ARTICLE It
TERM
2. The term of this Agreement will start on the date on which all Parties have executed this Agreement
( "Effective Date "). This Agreement will renew annually, and remain in full force and effect unless superseded
by a supplemental agreement orterminated as provided in this Agreement.
ARTICLE III
TERMINATION
I I P a g e
Vol. - -- Pg. //
3. A Party may withdraw its participation from this Agreement by providing thirty (30) days prior written
notice to the other Party. Termination of this Agreement by a Party, however, will not terminate an
existing contract between a Party and a vendor, although the terms of the existing contract may not be
revised once the withdrawal has occurred.
ARTICLE IV
PURCHASING
4. Each Party will designate a person to act on its behalf in all matters relating to the cooperative purchasing
program. All purchases will be effected by a purchase order from the purchasing party and directed to the
vendor(s). The Parties will make payments directly to vendors under the contracts made according to this
Agreement. The purchasing party will be responsible for its own ordering, inspections, and acceptance of
goods and services. The purchasing Party will be responsible for the vendors' compliance with provisions
relating to the quality of items and terms of delivery. The originating contracting Party is not responsible
or liable for the performance of any vendor used by a purchasing Party as a result of this Agreement. The
purchasing party may not use this Agreement as a method for obtaining additional concessions or reduced
prices for simi Iar goods or services.
ARTICLE V
CURRENT REVENUE
5. The Parties represent that all payments, expenditures, contributions, fees, costs, and disbursements, if
any, required of it in this Agreement or required by any other agreements, contracts and documents
executed, adopted, or approved under this Agreement, which includes any exhibit, attachment, addendum
or associated document, will be paid from current revenues available to the paying Party. The Parties
warrant that no debt is created by this Agreement and that any debt created through a purchase will be the
sole obligation of the purchasing Patty and no obligation or liability for such debt will be a liability or
obligation of the other Party.
ARTICLE VI
FISCAL FUNDING
6. The Parties' financial obligations, if any, under this Agreement are contingent upon the availability and
appropriation of sufficient funding. Any Party may withdraw from this Agreement without penalty in the
event funds are not available or appropriated. However, no Party will be entitled to a refund of amounts
previously contributed in the event of withdrawal for lack of funding.
ARTICLE VII
MISCELLANEOUS
7A. Notice: Any notice required or permitted to be delivered under this Agreement will be deemed received
when sent in the United States Mail, postage prepaid, Certified Mail, Return Receipt Requested, or by
hand - delivery or facsimile transmission addressed to the respective Party at the address set forth opposite
the signature of the Party.
713, Amendment: This Agreement may be amended by the mutual written agreement of all of the Parties,
21Page
Vol.
7C. Severabiliv In the event anyone or more of the provisions contained in this Agreement is for any reason
held to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceability will not
affect the other provisions, and the Agreement will he construed as if such invalid, illegal, or unenforceable
provision had never been contained in this Agreement.
71). Governing Law: The validity of this Agreement and any of its terms and provisions, as well as the rights
and duties of the Parties, will be governed by the laws of the State of Texas. Venue for any action
conceming this Agreement will lie in Brazos County, Texas.
7E. Entire Agreement: This Agreement represents the entire agreement among the Parties with respect to the
subject matter covered by this Agreement. There is no other collateral, oral, or written agreement between
the Parties that in any manner relates to the subject matter of this Agreement. No agent, official,
employee or representative of Brazos County has the authority to amend or assign this Agreement unless
expressly granted authority by the Brazos County Commissioners Court.
7F. Counterpart s: This Agreement may be executed in any number of counterparts, each of which will be
deemed an original constituting one and the same instrument.
7G. No Assignment: The Parties may not assignor transfer their rights under this Agreement.
7H. Compliance with Caw: Each Patty is responsible for complying with any additional or varying laws and
regulations regarding purchases.
71. No Waiver of Rights: Nothing in this Agreement will be deemed to waive, modify or amend any legal
defense available at law or equity to a Party, including the defense of sovereign immunity. Nothing in this
Agreement will be deemed to create any legal rights or claims on behalf of a person not a party to this
Agreement.
31page
Vol. pg._!5-/�_
EXECUTED this day of 2015.
FOR COUN APP VIr�S��TO FORM:
By;
County Attorney
WICHITA FALLS, TEXAS
By:
Name:
Title:
Date Signed:
Address for Notice:
CIO Np Gahagan, Wichita Felts Purchasing Agent
13007 Street Room l l3
Wichita Falls, Texas 76301
B ZOS E
By: ,
Name; D lu.Pl,2 _e*S
Title:
Date Signed: 3 x015
Address for Notice:
CIO Charles Wendt, Brazos County Purchasing Agent
200 S. Texas Ave., Ste. 352
Bryan, Texas 77803
Vol.
41Page
BRAZOS COUNTY, TEXAS
BUDGET AMENDMENT(S) FOR THE 2014 -2015 BUDGET YEAR
NO. 14/15 24.1— 24.4
On this the 17th day of March 2015 at a regular meeting of the Commissioners' Court, thefollowing
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 17th day of March 2015 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 17th day of March 2015.
THE COMMISSIONERS COURT OF BRAZOS COUNTY, TEXAS.
By:
EZA-
Duane Peters, County Judge
Original: County Clerk's Office and
Attached to the original budget
offunds
BRAZOS COUNTY, TEXAS
BUDGET AMENDMENTS
No. 14/15 - 24.1
NT
a/ _- Pg.
BRAZOS COUNTY, TEXAS
BUDGET AMENDMENTS
No. 14115 - 24.2
o?�� pq /v/
of funds
BRAZOS COUNTY, TEXAS
BUDGET AMENDMENTS
No. 14115 - 24.3
BRAZOS COUNTY, TEXAS
BUDGET AMENDMENTS
No. 14/15 - 24.4
3/1712()15
Department Appro Date
ounty Judge .Approval Date
ACCOUNTNAME
Computer Maintenance
—�
--
Reallocation of funds to purchase an update to the Emergency Alert System (EAS), a critical component of one of the systems used to
disseminate emergency inforination to the public.
Department Appro Date
ounty Judge .Approval Date
PERSONNEL
CHANGE OF STATUS REQUESTS
Commissioner Court Date: March 17, 2015
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
Road and Bridge
S.O. —Admin
Kirby, Daniel
Mendez, Jr. Benito
Smith, Carlton
Wich, Adam
Ballew, Samuel
Stumpf, Michael
S.O. — Jail Basey, Jerry
Dozier, Kelly
Garner, Linda
Rodriguez, Javier
Scroggins, Donna
Vaughn, Christopher
Approved in Commissioners' Court: March 17, 2015:
County Judge's or Commissioner's Signature:
(This Copy to be attached to minutes)
New Hire
Trans Win Dept.
New Hire
New Hire
Retirement
Promotion
Promotion
Trans Win Dept.
Retirement
Trans w /in Dept.
Resignation
Trans w /in Dept.
Vol -;-* Pg.
- - -.