HomeMy WebLinkAbout2015-08-25 10:00AM REGULAR MEETING!i
BRAZOSCOUNTY
BRYAN,TEXAS
NOTICE OF MEETING AND AGENDA
BRAZOS COUNTY COMMISSIONERS COURT
THE COMMISSIONERS COURT OF BRAZOS COUNTY WILL
MEET IN REGULAR SESSION ON AUGUST 25, 2015 AT
10:00 AM IN THE COMMISSIONERS COURTROOM OF THE
COUNTY ADMINISTRATION BUILDING, 200 SOUTH TEXAS
AVE., SUITE 106, BRYAN, TX 77803
1. Invocation and Pledge of Allegiance - U.S. and Texas Flag - Chaplain G.H. Jones and
Commissioner Cauley
2. Call for Citizen input andlor concerns.
Consider and take action on agenda items 3 - 27:
3. Sheriffs and Constables' fees to become effective January 1, 2016.
4. Request for a waiver of Penalty Interest and Attorney Fees on Property ID 21939 in the amount of
326.98.
5. Request from Juvenile for permission to purchase uniforms in accordance with the Dress Code Policy
approved by the Juvenile Board.
g. Approval of the daily amount of reimbursement of expenses for a person who reports to iury service
for Fiscal Year 2016.
7. Approval of non-profit agencies for iurors to have the option to donate all or part of their furor
payments to for Fiscal Year M'6-% mco
8. Approval of Juror Payment Authorization Forms for Fiscal Year -2M. U 14p
g, Approval of the following Job Descriptions:
• a Clerk 1040 hours (Class Code 1713 Position 1) for District Clerk
• b Temporary Attendant (Building & Grounds) 1040 hours (Class Code 832 Position 13 for
Exposition Complex _
vol. A3 Pg.a_76--
10. Approval of Exhibit R42 Service Agreement Renewal with Appriss, Inc.
11. Approval of Administrative Services Agreement with VeriSource for ACA Reporting.
12. Approval of the Fiscal and Personnel Management Agreement between the Bryan -College Station
Metropolitan Planning Organization and Brazos County effective October 1 2015 - September 30 2018.
13, Funding Agreement with Health For All Inc. for FY 2015.
14. Renewal of contract 2016-0GR Citizen Collection Site Trash Pickup with Texas Commercial Waste.
15, No Award of Bid # 2015-64 Various Road Materials.
16. Renewal of Contract 2016-03R Vehicle Graphics with C.C. Creations.
17. Renewal of contract 2016-13R Portable Toilet Rental with Texas Commercial Waste.
18. Permission to advertise bid # 2016-18 1 1/2" Limestone Backfill Aggregate.
19. Approval of permission to advertise RFQ 2016-19 OPEB Trust Services.
20. Final Plat of Indian Lakes Subdivision Phase XIX (19)' Lots 1-16 Block 30; 34.480 Acres: J.M. Barrera
Survey A-69; (College Station ETJ) Brazos County Texas Site is located in Precinct 1.
21. Consider and take action on the FWP Holdings LLC utility permit to install temporary 10" polyurethane
(flat hose) water line within and along the right-of-way of Old Bundick Crossing and Old Bundick Road
a total distance of 7,500 feet Proiect will provide water to oil well. Site is located in Precinct 2.
22. Tax Refund Applications for the following:
• a. Eduardo & Patti Urbina-overpayment-$22.10
• b Mihyang Bolles -overpayment -$17.47
• c Central Baptist Church -overpayment -$14.17
• d. Michael & Denise Vader -overpayment -$642.36
• e. Don R. Vemon-ovemayment$78.46
• f James & Julia Foght-overpayment-$351.29
• g David & Conrad Fackler -overpayment -$20.26
• h Robert & Ann Harris -overpayment -$84.87
• i. Carrington Mortgage-overpayment$1000.01
• L Marcelo & Mariela Laprea-Bigott-overpayment-$508.00
• k Brazos Valley Gymnastics -overpayment -$656.82
23. Budget Amendments.
Budget Amendments FY 14/15 46.1 -46.9
24. Personnel Change of Status.
Personnel Action Fortes
25. Payment of Claims.
26. Convene into the following Executive Sessions.
• Executive Session pursuant to Texas Government Code 551.087 to discuss or deliberate
economic development negotiations.
• Executive Session pursuant to Texas Government Code 551.0725 to deliberate business
and financial issues related to a contract being negotiated.
27. Consider and possible action on executive sessions.
28. Acknowledgement of the Compliance of Continuing Education for the period of January 1 2015
Vol. _ 7 ),,3- Pg,U-1
through July 31 2015 for Kristeen Roe Tax AssessorlCollector.
29. Sheriff's report on inmate population.
30. Announcement of interest items and possible future agenda topics.
31. Call for Citizen input and/or concerns.
32. Adjourn.
Vol. o� o� pg.
PUBLIC COMMENTS
Public Comment during the Commission Meeting may be for all matters, both on and off the agenda, and be limited to four
minutes per person. Persons are invited to submit comments in writing on the agenda items andlcr 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 andior 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 andlof
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 andiron any person in the Court's presence
and/or racial, ethnic or gender slurs or epithets will not be tolerated. Violation of these rules may result in the following
sanctions:
1. cancellation of a speaker's time;
2. removal from the Commissioners Court;
3. a Contempt Citation; and/or
4. such other and/or criminal sanctions as may be authorized
under the Constitution, Statutes and Codes of the State of Texas.
The County Commissioners Court an 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 and/or Commissioners may choose not to respond to public comments, except to correct factual inaccuracies, recite
existing policy in response to an inquiry or to ask that a matter be listed on a future agenda. See Texas Open Meetings Act ?
551.042.
INVOCATION
Any invocation that may be offered before the official start of the Court meeting shall be to and for the benefit of the Court. The
views or beliefs expressed by the invocation speaker have not been previously reviewed or approved by the Court and do not
necessarily represent the religious beliefs or views of the Court in part or as a whole. No member of the community is required
to attend or participate in the invocation and such decision will have no impact on their right to actively participate in the
business of the Court.
The Commissioners Courtroom of the County Administration Building, 200 South Texas Ave., Suite 106, Bryan, TX 77803 is
wheelchair accessible. Handicap parking spaces are available. Any request for sign interpretive services must be made two
working days before the meeting. To make arrangements, please call (979) 361-4102.
Vol. -s1�J pg. -971
BRAZOS COUNTY
BRYANJEXAS
MINUTES
August 25, 2015
BRAZOS COUNTY COMMISSIONERS COURT
REGULAR MEETING
IM Signature Page.pdf
IM File Stamped Agenda,pd
6 Sign in sheet.0
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, August 25,
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;
Karen McQueen, County Clerk.
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 Cauley
Call for Citizen input and/or concerns.
There was no citizen's input.
Consider and take action on agenda items 3 - 27:
Sheriffs and Constables' fees to become effective January 1, 2016.
Vol, e2 A3_, Pg. W
IM Item Indf
A list of the approved fees is attached.
Motion: Approve , Moved by Commissioner Sammy Catalena, Seconded by Commissioner
Lloyd Wassermann. Passed. 5-0. Members voting Aye: Catalena , Cauley , Mallard , Peters ,
Wassermann .
4. Request for a waiver of Penalty, Interest, and Attorney Fees on Property ID 21939 in the
amount of $326.98.
Commissioners Court denied this request.
Motion: Deny , Moved by County Judge Duane Peters, Seconded by Commissioner Kenny
Mallard. Passed. 5-0. Members voting Aye: Catalena , Cauley , Mallard , Peters ,
Wassermann .
5. Request from Juvenile for permission to purchase uniforms in accordance with the Dress Code
Policy approved by the Juvenile Board.
R Item 5.pdf
Motion: Approve , Moved by Commissioner Irma Cauley, Seconded by Commissioner LLoyd
Wassermann. Passed. 5-0. Members voting Aye: Catalena , Cauley , Mallard , Peters ,
Wassermann.
6. Approval of the daily amount of reimbursement of expenses for a person who reports to jury
service for Fiscal Year 2016.
19 Item 6.pdf
The rates are as follows:
$6.00 for the first day of service.
$40.00 each day of service thereafter.
Motion: Approve , Moved by Commissioner LLoyd Wassermann, Seconded by Commissioner
Irma Cauley. Passed. 5-0. Members voting Aye: Catalena , Cauley , Mallard , Peters ,
Wassermann .
7. Approval of non-profit agencies for jurors to have the option to donate all or part of their juror
payments to for Fiscal Year 2016.
tri Item 7.pdf
On a motion by Commissioner Cauley and seconded by Judge Peters to correct the Fiscal
Year from 2015 to 2016, the motion passed unanimously.
The list of non-profit agencies are as follows:
Crime Victims' Compensation Fund (mandated)
Brazos County Child Welfare Board (mandated)
Motion: Approve , Moved by Commissioner Irma Cauley, Seconded by County Judge Duane
Peters. Passed. 5-0. Members voting Aye: Catalena , Cauley , Mallard , Peters ,
Wassermann.
8. Approval of Juror Payment Authorization Forms for Fiscal Year 2016.
Item 8.pdf
On a motion by Commissioner Cauley and seconded by Commissioner Mallard to correct the
Fiscal Year from 2015 to 2016, the motion passed unanimously.
A copy of the approved Juror Payment Authorization Form is attached.
Motion: Approve , Moved by Commissioner Irma Cauley, Seconded by Commissioner Kenny
FVOL
_3 Pg..�%�
Mallard. Passed. 5-0. Members voting Aye: Catalena , Cauley , Mallard , Peters
Wassermann .
9. Approval of the following Job Descriptions:
. a. Clerk 1040 hours (Class Code 1713, Position 1) for District Clerk
. b. Temporary Attendant (Building & Grounds) 1040 hours (Class Code 832, Position 13
for Exposition Complex
P�� Item 9.pdf
A copy of the job descriptions is attached.
Motion: Approve , Moved by Commissioner LLoyd Wassermann, Seconded by Commissioner
Sammy Catalena. Passed. 5-0. Members voting Aye: Catalena , Cauley , Mallard , Peters ,
Wassermann .
10. Approval of Exhibit R-12 Service Agreement Renewal with Appriss, Inc.
IL Item 10.pdf
A copy of the renewal agreement is attached.
Motion: Approve , Moved by Commissioner Sammy Catalena, Seconded by County Judge
Duane Peters. Passed. 5-0. Members voting Aye: Catalena , Cauley , Mallard , Peters ,
Wassermann .
11. Approval of Administrative Services Agreement with VeriSource for ACA Reporting.
-- Item 11 .Pd
A copy of the agreement is attached.
Motion: Approve , Moved by Commissioner Kenny Mallard, Seconded by Commissioner Irma
Cauley. Passed. 5-0. Members voting Aye: Catalena , Cauley , Mallard , Peters ,
Wassermann.
12. Approval of the Fiscal and Personnel Management Agreement between the Bryan -College
Station Metropolitan Planning Organization and Brazos County effective October 1, 2015 -
September 30, 2018.
M Item 12.pdf
A copy of the agreement is attached.
Motion: Approve , Moved by Commissioner Irma Cauley, Seconded by County Judge Duane
Peters, Passed. 5-0. Members voting Aye: Catalena , Cauley , Mallard , Peters
Wassermann .
13. Funding Agreement with Health For All, Inc. for FY 2015.
0 Item 13.0
A copy of the agreement is attached.
Motion: Approve , Moved by Commissioner Irma Cauley, Seconded by Commissioner Kenny
Mallard. Passed. 5-0. Members voting Aye: Catalena , Cauley , Mallard , Peters ,
Wassermann .
14. Renewal of contract 2016-06R Citizen Collection Site Trash Pickup with Texas Commercial
Waste.
Item 14.pdf
A copy of renewal contract 2016-06R is attached.
Motion: Approve, Moved by Commissioner Irma Cauley, Seconded by Commissioner LLoyd
Wassermann. Passed. 5-0. Members voting Aye: Catalena , Cauley , Mallard , Peters ,
Wassermann .
15. No Award of Bid # 2015-64 Various Road Materials.
O Item 15.04
Motion: Approve , Moved by Commissioner LLoyd Wassermann, Seconded by Commissioner
Sammy Catalena. Passed. 5-0. Members voting Aye: Catalena , Cauley , Mallard , Peters ,
Wassermann .
16. Renewal of Contract 2016-03R Vehicle Graphics with C.C. Creations.
n- Item 16.1)df
A copy of renewal contract 2016-03R is attached.
Motion: Approve , Moved by Commissioner Irma Cauley, Seconded by Commissioner LLoyd
Wassermann. Passed. 5-0. Members voting Aye: Catalena , Cauley , Mallard , Peters ,
Wassermann .
17. Renewal of contract 2016-13R Portable Toilet Rental with Texas Commercial Waste.
IF-- Item 17.odf
A copy of renewal contract 2016-13R is attached.
Motion: Approve , Moved by Commissioner Sammy Catalena, Seconded by Commissioner
Irma Cauley. Passed. 5-0. Members voting Aye: Catalena , Cauley , Mallard , Peters ,
Wassermann .
18. Permission to advertise bid # 2016-18, 1 1/2" Limestone Backfill Aggregate.
IR Item 18.odf
Motion: Approve , Moved by Commissioner LLoyd Wassermann, Seconded by Commissioner
Sammy Catalena. Passed. 5-0. Members voting Aye: Catalena , Cauley , Mallard , Peters ,
Wassermann .
19. Approval of permission to advertise RFQ 2016-19 OPEB Trust Services.
0 Item 19.pdf
Motion: Approve, Moved by Commissioner Sammy Catalena, Seconded by Commissioner
LLoyd Wassermann. Passed. 5-0. Members voting Aye: Catalena , Cauley , Mallard , Peters ,
Wassermann .
20. Final Plat of Indian Lakes Subdivision, Phase XIX (19), Lots 1-16, Block 30, 34.480 Acres, J.M.
Barrera Survey, A-69, (College Station ETJ) Brazos County, Texas. Site is located in Precinct
1.
0 Item 20.pdf
Motion: Approve , Moved by Commissioner LLoyd Wassermann, Seconded by Commissioner
Irma Cauley. Passed. 5-0. Members voting Aye: Catalena , Cauley , Mallard , Peters ,
Wassermann .
21. Consider and take action on the FWP Holdings, LLC utility permit to install temporary 10"
polyurethane (flat hose) water line within and along the right-of-way of Old Bundick Crossing
and Old Bundick Road a total distance of 7,500 feet. Project will provide water to oil well, Site
is located in Precinct 2.
ID Item 21.odf
Motion: Approve , Moved by Commissioner Sammy Catalena, Seconded by Commissioner
LLoyd Wassermann. Passed. 5-0. Members voting Aye: Catalena , Cauley , Mallard , Peters ,
Wassermann .
W1
23.
24
K Wi
Tax Refund Applications for the following:
. a. Eduardo & Patti Urbina-overpayment-$22.10
. b. Mihyang Bolles -overpayment -$17.47
. c. Central Baptist Church -overpayment -$14.17
. d. Michael & Denise Vader -overpayment -$642.36
• e. Don R. Vernon -overpayment -$78.46
. f. James & Julia Fog ht -overpayment -$351.29
. g. David & Conrad Fackler -overpayment -$20.26
. h. Robert & Ann Harris-overp2yment-$84.87
. i. Carrington Mortgage -overpayment -$1000.01
. j. Marcelo & Mariela Laprea-Bigott-overpayment-$508.00
. k. Brazos Valley Gymnastics -overpayment -$656.82
0 Item 22.odf
Motion: Approve , Moved by Commissioner Kenny Mallard, Seconded by Commissioner Irma
Cauley. Passed. 5-0. Members voting Aye: Catalena , Cauley , Mallard , Peters ,
Wassermann .
Budget Amendments.
Budget Amendments FY 14/15 46.1 - 46.9
14 Item 23.gdf
46.1 Transfer funds from JP Technology to Justice of the Peace, Precinct 3 Technology
Funds.
46.2 Reallocate funds for JP Security Fund.
46.3 Reallocate funds for Juvenile Title IV -E.
46.4 Transfer funds from General Contingency Fund to Information Technology Services,
46.5 Reallocate funds for General Capital Improvement Fund - Jail.
46.6 Reallocate funds for General Capital Improvement Fund - Jail.
46.7 Reallocate funds for County Judge.
46.8 Reallocate funds for Information Technology Services.
46.9 Reallocate funds for Justice of the Peace, Precinct 2.
Motion: Approve , Moved by Commissioner Sammy Catalena, Seconded by Commissioner
Irma Cauley. Passed. 5-0. Members voting Aye: Catalena , Cauley , Mallard , Peters ,
Wassermann .
Personnel Change of Status.
Personnel Action Forms
Item 24.odf
A copy of the Personnel Change of Status requests is attached.
Motion: Approve, Moved by Commissioner Irma Cauley, Seconded by Commissioner LLoyd
Wassermann. Passed. 5-0. Members voting Aye: Catalena , Cauley , Mallard , Peters ,
Wassermann .
Payment of Claims.
L1-- BILL LIST M25.15.0
0 Claims Sheet.pdf
7135983-7136179
Vol. _� ✓z— PS3 --�_?
Motion: Approve , Moved by Commissioner Sammy Catalena, Seconded by Commissioner
LLoyd Wassermann. Passed. 5-0. Members voting Aye: Catalena , Cauley , Mallard , Peters ,
Wassermann .
26. Convene into the following Executive Sessions:
• Executive Session pursuant to Texas Government Code 551.087 to discuss or deliberate
economic development negotiations.
• Executive Session pursuant to Texas Government Code 551.0725 to deliberate business
and financial issues related to a contract being negotiated.
A- Item 26.0
Having considered the previously noted agenda items, at 10:16 a.m. the County Judge stated
that the Court would convene into Executive Session to (a) discuss or deliberate economic
development negotiations pursuant to Section 551.087 and (b) deliberate business and
financial issues relating to a contract being negotiated pursuant to Texas Government Code
551.0725. At this point the County Judge asked Bill Ballard, Civil Counsel if he is issuing a
written determination that deliberation in an open meeting would have a detrimental effect on
the position of the Commissioners Court in negotiations with a third person. Mr. Ballard
responded that it was his determination that deliberation in an open meeting would have a
detrimental effect on the position of the Court in negotiations with a third person. He then
handed his written determination to be included in the minutes.
On motion by Judge Peters, seconded by Commissioner Mallard the Court voted unanimously
to meet in Executive session per Bill Ballard's recommendation.
The County Judge announced the meeting closed to the public so that the Court could meet in
Closed Executive Session to discuss the previously noted items.
The following individuals were asked to stay for the meeting:
Candy Gallego, Executive Assistant
Bill Ballard, Civil Counsel
Motion: Approve , Moved by County Judge Duane Peters, Seconded by Commissioner Kenny
Mallard. Passed. 5-0. Members voting Aye: Catalena , Cauley , Mallard , Peters ,
Wassermann .
27. Consider and possible action on executive sessions.
At 10:34 a.m. the County Judge announced the meeting open to the public and announced that
no action would be taken on the Closed Executive Session.
28. Acknowledgement of the Compliance of Continuing Education for the period of January 1, 2015
through July 31, 2015 for Kristeen Roe, Tax Assessor/Collector.
114 Item 28.pdf
The Court acknowledged receipt of Compliance of Continuing Education for the period of
January 1, 2015 through July 31, 2015 for Kristeen Roe, Tax Assessor/Collector.
29. Sheriffs report on inmate population.
Sheriff Chris Kirk stated there were 5571 inmates in jail, 58 have electronic monitors and 10 are
pending for monitors.
30. Announcement of interest items and possible future agenda topics.
Emergency Management Director Michelle Meade mentioned that the weather conditions are
P9,
still hot and dry. She stated that there was some rain, and temperatures were not as high as
previous weeks. Mrs. Meade reported that there have been two grass fires and three
violations of the burn ban over the past week. Conditions should improve with more showers
forecasted for the coming week.
Commissioner Cauley announced that she would be attending the Texas Association of
Counties Legislative conference beginning on Wednesday, August 26, 2015 in Austin. Judge
Peters said that the majority of the Court would also be attending the conference.
31. Call for Citizen input and/or concerns.
There was no citizen's input
32. Adjourn.
Vol. _�_� � _ Pg- �0
The foregoing minutes of the Commissioners Court meeting held August 25, 2015 have
been examined and are approved in open Court this —LC✓'7 day of
2015, in Bryan, Brazos County, Texas.
Duane Peters Lloyd Wassermann
County Judge Commissioner, Precinct I
Commissioner, Precinct 4
Attest:
-AA&we"'
ar n McQueen „QJ' r zl /f
County Clerk /"' e •T'f'0�
Kenny Mallard
Commissioner, Precinct 3
F-L--7--
_�3 �g _8
COMMISSIONERS COURT MEETING
Name Organization/Department
b&5 /YIPo
w I Nwtp� w -f cZnl r)
piv 44fi Ct'tizr.h
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COMMISSIONERS COURT MEETING
Date and Time
Name
Organization/Department
C
3
BRAZOS COUNTY
BRYAN,TEXAS
Whereas, Subchapter F, §118.131 of the Local Government Code, authorizes the Commissioners
Court of each County to set reasonable fees to be charged for certain services by the office of Sheriff
and Constable; and
Whereas, the Brazos County Commissioners Court has determined the fees listed below are
required to recoup the costs to Brazos County for the services;
Therefore, the Commissioners Court is of the opinion that the following fees are reasonable and
should be established for these services in Brazos County effective January 1, 2012 and remain in effect
until further orders of the court.
These fees will be for the District Courts County Courts Justice of the Peace Courts. and Small Claims
Courts.
NOTICES:
SUBPOENAS
$70.00
SUMMONS
$70.00
WRIT OF ATTACHMENT
$125.00
WRIT OF GARNISHMENT
$125.00
WRIT OF SEQUESTRATION
$125.00
ORDER OF SALE
$125.00
WRIT OF POSSESSION
$125.00
FORCIBLE DETAINER
$125.00
SERVICE FEES:
SMALL CLAIMS CITATION
$70.00
JUSTICE COURT CITATION
$70.00
ALL OTHER COURTS CITATION
$70.00
(Plus $35/hr per deputy after 2 hrs)
v0i.-� z3-�P9..�1�
OTHER SERVICE FEES:
ALL CITATIONS
$70.00
ALL WRITS
$125.00
POSTING OF PUBLIC NOTICE OF SALES
$30.00
PRECEPTS
$70.00
SHOW CAUSE
$70.00
EXECUTING A DEED FOR REAL PROPERTY
$70.00
EXECUTING A BILL OF SALE FOR REAL PROPERTY
$70.00
RESTRAINING ORDER
$125.00
DISTRESS WARRANT
$125.00
TURNOVER ORDER WITH EXECUTION
$125.00
COMMITMENT (FROM CIVIL SUITS)
$125.00
CITATION/TEMPORARY PROTECTIVE ORDER
$30.00
NOTICE OF APPLICATION/PROTECTIVE ORDER
$30.00
JUDGEMENT NISI
$20.00
LIVESTOCK COLLECTION FEE, per head $25.00
IMPOUNDMENT FEE $150.00
BOARDING & FEEDING
Per day, small animal (sheep, goat, swine) $6.00
Per day, large animal (cattle horse, mule, donkey) $10.00
SERVICE COMMISSION FOR EXECUTIONS AND ORDER OF SALE:
FOR ALL SUMS $0-$200 10%
FOR ALL SUMS $200-$1000 6%
FOR ALL SUMS $1000-$5000 3%
FOR ALL SUMS $5000 -UP 2%
(NOT TO EXCEED $500)
(Unless fee mandated by State)
(Each Location)
First $200 a fee of 10%, and additional 6% for the next $800, and additional 3% for the next $4,000 and
an additional 2% for any amounts over $5,000.
If the above sums are collected without sale, one-half (1/2) of the foregoing rates shall apply.
APPROVED
Duane Peters
Date
Countyludge
FVOI.-
Ps,. xS
R-12 Service Agreement Renewal Notice
DATE:
CUSTOMER NAME:
LOCATION:
PROJECT TYPE:
ORIGINAL SERVICE AGREEMENT DATE:
SERVICE AGREEMENT RENEWAL DATE:
SERVICE AGREEMENT RENEWAL TERM:
July 21, 2015
Brazos County
200 South Texas avenue, #224
Bryan TX 77803
Brazos County VINE Service
March 30, 2004
September 1, 2015
12 Months
NEXT SERVICE AGREEMENT RENEWAL DATE: August 31, 2016
4-p�issq
PROJECT PRICING: $ 27,715.32 (Quarterly Amount $6,928.83)
This Service Agreement Renewal Notice, unless specifically noted in the Contract Changes section below,
extends all pricing, service terms and other contract provisions of the prior contract period. No
interruptions in delivery of Service will occur in relations to this Service Agreement Renewal. The data
transmitted will be used for victim notification, and may be used in applications for law enforcement,
government, security, risk management, and fraud detection purposes.
Contract Changes: None
Special Note: Please refer to the "3r1 Party Vendor Fees" referenced in the attached Exhibit R-12
Maintenance Renewal. This is not a contract change, but a reminder of costs that may be incurred when
making booking system replacement and/or changes.
AUTHORIZATION:
APPRISS, INC., BY: CUSTOME
7/23/2015
Signature Date Signature Date
Thomas R. Seigle
President
KEEPING Ci}MMLINI 1Ic5 SAFE AND INFU AIAJ
�T#Aw THISIMMIMM IMPIP.5.141/�
Title Name
Fol,
_ Pg, v2
—
10.
Exhibit R-12 Maintenance Renewal
Automated Victim Notification Services
Brazos County
Category: Pilot -Large
Subject to the terms and conditions included in the Agreement, this Exhibit R-12 Schedule of Payments shall
describe the amount due to Appriss which will be paid quarterly by the Office of the Attorney General to
Appriss on the County's behalf as described in 4.3.5 of the Grant Contract.
Maintenance Amount. Customer shall pay Appriss a maintenance amount for the Renewal of Services
determined as f6llows. This Renewal will extend services through August 31, 2016.
Jail
District Court
County Court
Annual
Quarterly
# of
Total
Maintenance
Maintenance
Maintenance
Maintenance
Maintenance
Months
Maintenance
Amount
Amount
Amount
Amount
Amount
Through
Amount Due
(12 Months)
(4 Quarters)
8/31/16
$ 23,765.16
$3,950.16
N/A
$27,715.32
$6,928.83
12
$27,715.32
Months
Maintenance Amount as indicated above does not include " 3rd Party Vendor Fees"' include booking
system vendors, IT staff or other work that is associated with any booking system change not covered
under the Vendor Certification. These services are considered additional costs and will be billed by the
Certified Vendor directly to the entity. Unless approved by the OAG, in writing, in advance, the 113rd
Party Vendor" may not be reimbursed by the OAG's SAVNS grant program.
01 o
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ADMINISTRATIVE SERVICES AGREEMENT
THIS AGREEMENT MADE BY AND BETWEEN County of Brazos. (hereinafter referred to as the
"Sponsor'), and VeriSouroe Services, Inc. (hereinafter referred to as "VSI').
WHEREAS, the Sponsor has established one or more employee benefit plans for certain of its
employees; and
WHEREAS, the Sponsor is desirous that VSI furnish certain services to the Sponsor with respect to
such employee benefit plans;
NOW, THEREFORE, In consideration of the mutual promises contained In this Agreement, the
Sponsor and VSI hereby agree as follows:
Section I
DEFINITIONS
The following words and phrases, wherever capitalized, shall have the following respective
meanings, unless the context otherwise requires.
1.01 Benefit Administrator refers to those individuals identified by the Sponsor as authorized to
access employee benefit data.
1.02 Business Associate refers to VeriSource Services, Inc.
1.03 Covered Entity refers to the Sponsor.
1.04 Plan or Product shall mean each employee benefit plan or product specified in Appendix A
hereto, with respect to which VSI is to provide services in accordance with this Agreement.
1.05 Agreement Period shall refer to the period July 1, 2015 through June 30, 2017. Successive
Periods shall refer to successive twenty-four (24) month periods, or such period as is agreed
to by VSI and Sponsor.
1.06 ERISA means the Employee Retirement Income Security Act of 1974, as amended.
1.07 HIPAA refers to the Health Insurance Portability and Accountability Act of 1996, as
amended, and it's implementing regulations. The Standards (or Privacy of Individually
Identifiable Health Information shall hereinafter be referred to as the HIPAA Privacy Rule.
The Standards for Security of Electronic PHI Under HIPAA shall hereinafter be referred toes
the HIPAA Security Rule.
1.06 Participant shall mean each individual who is eligible for a Plan or Product.
1.09 Plan Sponsor, Plan Administrator or Employer shall have the meaning ascribed to such term
in ERISA and, whenever used herein, shall be a reference to Sponsor and shall not be a
reference to VSI.
1.10 Records shall mean all papers, books, files, correspondence, data, analyses, summaries
and records of all kinds which at any time shall come into VSI's control pursuant to VSI's
performance of services under this Agreement.
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SECTION II
ACA REPORTING ADMINISTRATION
RESPONSIBILITIES OF VSI:
VSI shall provide the following ACA Reporting services under this Agreement.
2.01 VSI will establish and maintain a database based on the provisions of the Plans or Products
described in Appendix A.
2.02 Database will be updated with new hires, changes and terminations electronically via data
provided by Sponsor's locations (VSI will provide a list of required data elements).
2.03 VSI will monitor employee status for reporting purposes on a monthly basis
2.04 VSI will provide applicable employees IRS Form 1095-C (Employer -Provided Health
Insurance Offer and Coverage) by January 3161 of the following year. Form will include the
following data elements:
(a) Employee name, SSN & address
(b) Applicable Large Employer Member (ALE) Name, EIN, address & contact telephone
number
(c) Offer of Coverage code (1A —11)
(d) Employee Share of Lowest Cost Monthly Premium for Self -Only Minimum Value
Coverage
(e) Applicable Section 4980H Sate Harbor code (2A — 21)
(f) Covered Individuals
(i) Name
(ll) SSN
(iii) DOB (if SSN Is not available)
(iv) Months of Coverage
2.05 Sponsor will be provided an electronic copy of each 1095-C
2.06 VSI will provide Sponsor with a completed IRS Form 1094-C (Transmittal of Employer -
Provided Health Insurance Offer and Coverage Information Returns). Form 1094-C will
Include the following Information:
(a) ALE Member name, EIN & address
(b) Name of contact person at ALE and contact telephone number
(c) Total number of Forms 1095-C submitted with transmittal
(d) Part II: ALE Member Information
(e) Part III: ALE Member Information- monthly
(I) Minimum Essential Coverage Indicator
(Ii) Full-time Employee Count
(Iii) Total Employee Count
(IV) Section 4980H Transition Relief (if applicable)
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2.07 VSI will provide IRS Form 1094-C to the Sponsor in the IRS electronic format
2.08 A minimum of one meeting/conference call with Sponsor's representatives is required,
where all benefits and policies are identified, and a project time line finalized.
2.09 VSI will hold all Records disclosed by Sponsor to VSI in strict confidence and will not
disclose such Records or information contained therein to any third party other than the
vendors listed in Appendix B without prior written authorizalion from Sponsor, except as
required by applicable law.
RESPONSIBILITIES OF SPONSOR:
Under the terms of this Agreement, Sponsor shall be responsible for the following tasks with respect
to the automated enrollment.
2.10 Sponsor will identify a project leader with whom implementation will be coordinated.
2.11 Sponsor will provide VSI will all benefit information and rates to be used in the building and
maintenance of the database.
2.12 Sponsor will provide VSI with a routine (weekly or per -pay period) electronic data file. File
will Include active employees, life event changes, terminations, and dependents.
2.13 Sponsor representatives (benefit administrators) are responsible for the timely reporting of
all new employees, changes and terminations.
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SECTION fit
INDEMNIFICATION
DEFINITIONS:
The following words and phrases, wherever capitalized, shall have the following respective
meanings within this section, unless the context otherwise requires.
3.01 Liabilities shall mean any and all costs, expenses, damages, liabilities, suits, actions and
claims (including reasonable attorneys' fees) of any character
3.02 VSI's Related Parties shall mean its subsidiaries, parent entities and affiliated entities, and
its and their agents, employees, representatives, directors, officers and partners
INDEMNIFICATION BY VSI
3.03 VSI agrees to indemnify the Sponsor, and hold them harmless against all claims, fees,
losses or damages, Including, but not limited to, court costs and reasonable attorney fees
and other reasonable expenses finally adjudged against the Sponsor or the Plan in
connection with any lawsuit or proceeding by a covered employee, dependent, participant or
qualified beneficiary that directly results from the willful misconduct or gross negligence of
VSI.
INDEMNIFICATION BY SPONSOR
3.04 Sponsor shall fully indemnify, defend and hold harmless VSI and VSI's Related Parties from
and against any Liabilities arising from or related to the performance (or failure to perform)
by or on the behalf of VSI under this Agreement to the extent such Liabilities are caused in
any way, in whole or in part, by the act, error or omission of Sponsor or VSI, or any employee
or other person or entity under the control or direction or for whom the Sponsor or VSI is
responsible or liable, which includes without limitation indemnity, defense and hold harmless
for actions brought by any Participant or incidents which may be caused by or result from the
concurrent or partial negligence of VSI or any of VSI's Related Parties.
This indemnity obligation is Intended to indemnify VSI and any of VSI's Related
Parties against the consequences of its or their active, passive, concurrent or partial
negligence; provided, however, that this indemnity shall not apply to the portion of
any liabilities that are caused by gross negligence or willful misconduct of VSI or any
of VSI's Related Parties.
VSI ASA County of Brazos 4 811212015
SECTION IV
BUSINESS ASSOCIATE AGREEMENT
The Parties acknowledge and agree that in connection with the services to be provided, Business Associate's
creation, receipt, use or disclosure of PHI, Business Associate and Covered Entity (Sponsor) agree as follows:
4.01 DEFINITIONS
(a) "Breach" shall mean, as defined in 45 C.F.R. § 164.402, the acquisition, access, use or
disclosure of Unsecured Protected Health Information in a manner not permitted by the
HIPAA Requirements that compromises the security or privacy of that Protected Health
Information.
(b) "Business Associate Subcontractof"shall mean, as defined in 45 C.F.R. § 160.103, any entity
(including an agent) that creates, receives, maintains or transmits Protected Health
Information on behalf of Business Associate.
(c) "Electronic PHP shall mean, as defined in 45 C.F.R. § 160.103, Protected Health Information
that Is transmitted or maintained in any Electronic Media.
(d) "Limited Data Ser shall mean, as defined in 45 C.F.R. § 164.514(e), Protected Health
Information that excludes the following direct identifiers of the individual or of relatives,
employers, or household members of the Individual:
(I) Names;
(ii) Postal address information, other than town or city, State, and zip code;
(iii) Telephone numbers;
(iv) Fax numbers;
(v) Electronic mail addresses;
(A) Social security numbers;
(vii) Medical record numbers;
(vili) Health plan beneficiary numbers;
(ix) Account numbers;
(x) Certificate/license numbers;
(xi) Vehicle identifiers and serial numbers, including license plate numbers;
(xii) Device identifiers and serial numbers;
(xiii) Web Universal Resource Locators (URLs);
(xiv) Internet Protocol (IP) address numbers;
(xv) Biometric Identifiers, including finger and voice prints; and
(xvi) Full face photographic Images and any comparable images.
(e) "Protected Health Information" or "PHP shall mean, as defined in 45 C.F.R. § 160.103,
Information created or received by a Health Care Provider, Health Plan, employer, or Health
Care Clearinghouse, that: (i) relates to the past, present, or future physical or mental health
or condition of an individual, provision of health care to the individual, or the past, present, or
future payment for provision of health care to the Individual; (11) identifies the individual, or
VSI ASA County of Brazos 5 1111212015
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with respect to which there is a reasonable basis to believe the information can be used to
Identify the individual; and (Iii) is transmitted or maintained in an electronic medium, or in any
other form or medium. The use of the term "Protected Health Information" or "PHI" in this
Agreement shall mean both Electronic PHI and non -Electronic PHI, unless another meaning
Is clearly specified.
(f) "Secudry lndidenr shall mean, as defined In 45 G.F.R. § 164.304, the attempted or
successful unauthorized access, use, disclosure, modification, or destruction of information
or interference with system operations in an information system.
(g) "Unsecured Protected Health Information' shall mean, as defined in 45 C.F.R. § 164.402,
Protected Health Information that is not rendered unusable, unreadable, or indecipherable to
unauthorized persons through the use of a technology or methodology specified by DHHS.
(h) All other capitalized terms used in this Agreement shall have the meanings set forth In the
applicable definitions under the HIPAA Requirements.
4.02 GENERAL TERMS
(a) In the event of an inconsistency between the provisions of this Agreement and a mandatory
term of the HIPAA Requirements (as these terms may be expressly amended from time to
time by the DHHS or as a result of interpretations by DHHS, a court, or another regulatory
agency with authority over the Parties), the interpretation of DHHS, such court or regulatory
agency shall prevail. In the event of a conflict among the Interpretations of these entities, the
conflict shall be resolved In accordance with rules of precedence.
(b) Where provisions of this Agreement are different from those mandated by the HIPAA
Requirements, but are nonetheless permitted by the HIPAA Requirements, the provisions of
this Agreement shall control.
(c) Except as expressly provided in the HIPAA Requirements or this Agreement, this Agreement
does not create any rights in third parties.
4.03 SPECIFIC REQUIREMENTS
(a) Flow -Down of Obligations to Business Assoclate Subcontractors. Business Associate agrees
that as required by the HIPAA Requirements, Business Associate will enter Into a written
agreement with all Business Associate Subcontractors that: (I) requires them to comply with
the Privacy and Security Rule provisions of this Agreement in the same manneras required
of Business Associate, and (it) notifies such Business Associate Subcontractors that they will
incur liability under the HIPAA Requirements for non-compliance with such provisions.
Accordingly, Business Associate shall ensure that all Business Associate Subcontractors
agree in writing to the same privacy and security restrictions, conditions and requirements
that apply to Business Associate with respect to PHI.
(b) Privacy of Protected Health Information
(i) Permitted Uses and Disclosures of PHI. Business Associate agrees to create,
receive, use, disclose, maintain or transmit PHI only in a manner that is consistent
with this Agreement or the HIPAA Requirements and only in connection with
providing the services to Covered Entity identified in the Agreement. Accordingly, In
providing services to or for the Covered Entity, Business Associate, for example, will
be permitted to use and disclose PHI for "Treatment, Payment, and Health Care
Operations," as those terms are defined in the HIPAA Requirements. Business
Associate further agrees that to the extent it Is carrying out one or more of the
Covered Entity's obligations under the Privacy Rule (Subpart E of 45 C.F.R. Part
VSI ASA County of Brazos 6 8112/2015
164), it shall comply with the requirements of the Privacy Rule that apply to the
Covered Entity in the performance of such obligations.
(1) Business Associate shall report to Covered Entity any use or disclosure of
PHI that is not provided for In this Agreement, Including reporting Breaches
of Unsecured Protected Health Information as required by 45 C.F.R. §
164.410 and required by Section 4(e)(10 below.
(2) Business Associate shall establish, implement and maintain appropriate
safeguards, and comply with the Security Standards (Subpart Cot 45 C.F.R.
Part 164) with respect to Electronic PHI, as necessaryto prevent any use or
disclosure of PHI other than as provided for by this Agreement.
Business Associate Obligations. As permitted by the HIPAA Requirements,
Business Associate also may use or disclose PHI received by the Business
Associate In its capacity as a Business Associate to the Covered Entity for Business
Associate's own operations if:
(1) the use relates to: (1) the proper management and administration of the
Business Associate or to carry out legal responsibilities of the Business
Associate, or (2) data aggregation services relating to the health care
operations of the Covered Entity: or
(2) the disclosu of information received in such capacity will be made in
connection with a function, responsibility, or services to be performed by the
Business Associate, and such disclosure is required by law or the Business
Associate obtains reasonable assurances from the person to whom the
information is disclosed that it will be held confidential and the person
agrees to notify the Business Associate of any breaches of confidentiality.
(ill) Minimum Necessary Standard and Creation of Limited Data Set. Business
Associate's use, disclosure, or request of PHI shall utilize a Limited Data Set if
practicable. Otherwise. In performing the functions and activities as specified in the
Agreement, Business Associate agrees to use, disclose, or request only the
minimum necessary PHI to accomplish the intended purpose of the use, disclosure,
or request.
(iv) Access. In accordance with 45 C.F.R. § 164.524 of the HIPAA Requirements,
Business Associate will make available to the Covered Entity (or as directed by the
Covered Entity, to those individuals who are the subject of the PHI (or their
designees)), their PHI In the Designated Record Set. Business Associate shall
make such information available in an electronic format where directed by the
Covered Entity.
(v) Disclosure Accounting. Business Associate shall make available the information
necessary to provide an accounting of disclosures of PHI as provided for in 45
C.F.R. § 164.528 of the HIPAA Requirements by making such information available
to the Covered Entity or (at the direction of the Covered Entity) making such
Information available directly to the individual.
(vi) Amendment. Business Associate shall make PHI in a Designated Record Set
available for amendment and, as directed by the Covered Entity, incorporate any
amendment to PHI In accordance with 45 C.F.R. § 164.526 of the HIPAA
Requirements.
(vii) Right to Request Restrictions on the Disclosure of PHi and Confidential
Communications. It an individual submits a Request for Restriction or Request for
Confidential Communications to the Business Associate, Business Associate and
Covered Entity agree that Business Associate, on behalf of Covered Entity, will
evaluate and respond to these requests according to Business Associate's own
procedures for such requests.
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(viii) Return orDestructfon of PHI. Upon the termination or expiration of the Agreement,
Business Associate agrees to return the PHI to Covered Entity, destroy the PHI (and
retain no copies), or if Business Associate determines that return or destruction of
the PHI is not feasible, (a) continue to extend the protections of this Agreement and
of the HIPAA Requirements to the PHI, and (b) limit any further uses and disclosures
of the PHI to the purpose making return or destruction infeasible.
(ix) Availability of Books and Records. Business Associate shall make available to
DHHS or Its agents the Business Associate's internal practices, books, and records
relating to the use and disclosure of PHI in connection with this Agreement.
(x) Termination for Breach.
(1) Business Associate agrees that Covered Entity shall have the right to
terminate this Agreement or seek other remedies If Business Associate
violates a material term of this Agreement.
(2) Covered Entity agrees that Business Associate shall have the right to
terminate this Agreement or seek other remedies H Covered Entity violates a
material term of this Agreement.
(c) Information and Security Standards
(t) Business Associate will develop, document, implement, maintain, and use
appropriate Administrative, Technical, and Physical Safeguards to preserve the
Integrity, Confidentiality, and Availability of, and to prevent non -permitted use or
disclosure of, Electronic PHI created or received for or from the Covered Entity.
(ii) Business Associate agrees that with rasped to Electronic PHI, these Safeguards, at
a minimum, shall meetihe requirements of the HIPAA Security Standards applicable
to Business Associate.
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(ill) More specifically, to comply with the HIPAA Security Standards for Electronic PHI,
Business Associate agrees that it shall:
(1) Implement Administrative, Physical, and Technical Safeguards consistent
with (and as required by) the HIPAA Security Standards that reasonably
protect the Confidentiality, Integrity, and Availability of Electronic PHI that
Business Associate creates, receives, maintains, or transmits on behalf of
Covered Entity. Business Associate shall develop and implement policies
and procedures that meet the documentation requirements as required by
the HIPAA Requirements;
(2) As also provided for in Section 4(a) above, ensure that any Business
Associate Subcontractor agrees to Implement reasonable and appropriate
safeguards to protect the Electronic PHI;
(3) Report to Covered Entity any unauthorized access, use, disclosure,
modification, or destruction of PHI (including Electronic PHI) not permitted
by this Addendum, applicable law, or permitted by Covered Entity in writing
("Successful Security Incidents" or Breaches) of which Business Associate
becomes aware. Business Associate shall report such Successful Security
Incidents or Breaches to Covered Entity as specified in Section 4(e)(iii)(1);
(4) For Security Incidents that do not result in unauthorized access, use,
disclosure, modification, or destruction of PHI (including, for purposes of
example and not for purposes of limitation, pings on Business Associate's
firewall, port scans, attempts to log onto a system or enter a database with
an Invalid password or username, denial -of -service allacks that do not result
in the system being taken off-line, or malware such as worms or viruses)
(hereinafter "Unsuccessful Security Incidents), aggregate the data and,
upon the Covered Entity's written request, report to the Covered Entity in
accordance with the reporting requirements identified in Section 4(e)(iii)(2);
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(5) Take all commercially reasonable steps to mitigale, to the extent
practicable, any harmful effect that Is known to Business Associate resulting
from any unauthorized access, use, disclosure, modification, or destructfon
of PHI;
(6) Permit termination of this Addendum if the Covered Entity determines that
Business Associate has violated a material term of this Agreement with
respect to Business Associate's security obligations and Business Associate
is unable to cure the violation; and
(7) Upon Covered Entity's request, provide Covered Entity with access to and
copies of documentation regarding Business Associate's safeguards for PHI
and Electronic PHI.
(d) Compliance with HIPAA Transaction Standards
(i) Application of HIPAA Transaction Standards. Business Associate will conduct
Standard Transactions consistent with 45 C.F.R. Part 162 for or on behalf of the
Covered Entity to the extent such Standard Transactions are required in the course
of Business Associate's performing services under the Agreement for the Covered
Entity. As provided for in Section 4(a) above, Business Associate will require any
Business Associate Subcontractor involved with the conduct of such Standard
Transactions to comply with each applicable requirement of 45 C.F.R. Part 162.
Further, Business Associate will not enter into, or permit its Subcontractors to enter
into, any trading partner agreement in connection with the conduct of Standard
Transactions for or on behalf of the Covered Entity that:
(1) Changes the definition, data condition, or use of a data element or segment
In a Standard Transaction;
(2) Adds any data element or segment to the maximum defined data set;
(3) Uses any code or data element that is marked "not used" in the Standard
Transaction's implementation specification or is not in the Standard
Transaction's implementation specification; or
(4) Changes the meaning or intent of the Standard Transaction's
Implementation specification.
(11) Specific Communications. Business Associate, Plan Sponsor and Covered Entity
recognize and agree that communications between the parties that are required to
meet the Standards for Electronic Transactions will meet the Standards set by that
regulation. Communications between Plan Sponsor and Business Associate, or
between Plan Sponsor and the Covered Entity, do not need to comply with the
HIPAA Standards for Electronic Transactions. Accordingly, unless agreed otherwise
by the Parties in writing, all communications (it any) for purposes of "Enrollment" as
that term Is defined in 45 C.F.R. Part 162, Subpart O or for "Health Covered Entity
Premium Payment Data," as that term is defined In 45 C.F.R. Part 162, Subpart O,
shall be conducted between the Plan Sponsor and either Business Associate or the
Covered Entity. For all such communications (and any other communications
between Plan Sponsor and the Business Associate), Plan Sponsor shall use such
forms, tape formats, or electronic formats as Business Associate may approve. Plan
Sponsor will include all information reasonably required by Business Associate to
affect such data exchanges or notifications.
(iii) Communications Between the Business Associate and the Covered Entity. A9
communications between the Business Associate and the Covered Entity that are
required to most the HIPAA Standards for Electronic Transactions shall do so. For
any other communications between the Business Associate and the Covered Entity,
the Covered Entity shall use such forms, tape formats, or electronic formats as
Business Associate may approve. The Covered Entity will include all information
reasonably required by Business Associate to affect such data exchanges or
notifications.
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(a) Notice and Reoortino Oblications of Business Associate
Notice of Non -Compliance with the Agreement. Business Associate will notify
Covered Entity within ten (10) calendar days after discovery, any unauthorized
access, use, disclosure, modification, ordestructlon of PHI (Including any successful
Security Incident) that is not permitted by this Agreement, by applicable law, or
permitted in writing by Covered Entity, whether such non-compliance is by (or at)
Business Associate or by (or at) a Business Associate Subcontractor.
(ii) Notice of Breach. Business Associate will notify Covered Entity following discovery
and without unreasonable delay but in no event later than thirty (30) calendar days
following discovery, any Breach of Unsecured Protected Health Information, whether
such Breach is by Business Associate or by Business Associate Subcontractor.
(1) As provided for in 45 C.F.R. § 164.402, Business Associate recognizes and
agrees that any acquisition, access, use or disclosure of PHI in a manner
not permitted under the HIPAA Privacy Rule (Subpart E of 45 C.F.R. Part
164) is presumed to be a Breach. As such, Business Associate shall
(i) notify Covered Entity of any non -permitted acquisition, access, use or
disclosure of PHI, and (li) assist Covered Entity In performing (or at Covered
Entity's direction, perform) a risk assessment to determine if there is a low
probability that the PHI has been compromised.
(2) Business Associate shall cooperate with Covered Entity in meeting the
Covered Entity's obligations under the HIPAA Requirements and any other
security breach notification laws. Business Associate shall follow its
notification to the Covered Entity with a report that meets the requirements
outlined immediately below.
(Iii) Reporting Obligations.
(1) For Successful Security Incidents and Breaches, Business Associate —
wlthout unreasonable delay and in no event later than thirty (30) calendar
days after Business Associate learns of such non -permitted use or
disclosure (whether at Business Associate or at Business Associate
Subcontractor) — shall provide Covered Entity a report that will:
a. Identify (if known) each individual whose Unsecured Protected
Health Information has been, or is reasonably believed by Business
Associate to have been accessed, acquired, or disclosed;
b. Identify the nature of the non -permitted access, use, or disclosure
including the date of the incident and the date of discovery;
C. Identify the PHI accessed, used, or disclosed (e.g., name; social
security number; date of birth);
d. Identify what corrective action Business Associate (or Business
Associate Subcontractor) took or will take to prevent further non -
permitted accesses, uses, or disclosures;
e. Identify what Business Associate (or Business Associate
Subcontractor) did or will do to mitigate any deleterious effect of the
non -permitted access, use, or disclosure; and
I. Provide such other information, Including a written report, as the
Covered Entity may reasonably request.
(2) For Unsuccessful Security Incidents, Business Associate shall provide
Covered Entity, upon Its written request, a report that: (i) identifies the
categories of Unsuccessful Security Incidents as described in Section
4(c)(ifi)(4); (ii) indicates whether Business Associate believes Its (or its
Business Associate Subcontractor's) current defensive security measures
are adequate to address all Unsuccessful Security Incidents, given the
VSI ASA_County of Brazos 10 8/12/2015
scope and nature of such allempts; and (iii) if the security measures are not
adequate, the measures Business Associate (or Business Associate
Subcontractor) will Implement to address the security Inadequacies.
(iv) Termination.
(1) Covered Entity and Business Associate each will have the right to terminate
this Agreement If the other party has engaged in a pattern of activity or
practice that constitutes a material breach or violation of Business
Associate's or the Covered Entity's respective obligations regarding PHI
under this Agreement and, on notice of such material breach or violation
from the Covered Entity or Business Associate, fails to take reasonable
steps to cure the material breach or end the violation,
(2) If Business Associate or the Covered Entity fail to cure the material breach
or end the violation after the other party's notice, the Covered Entity or
Business Associate (as applicable) may terminate this Agreement by
providing Business Associate or the Covered Entity written notice of
termination, stating the uncured material breach or violation that provides
the basis for the termination and specifying the effective date of the
termination. Such termination shall be effective 60 days from this
termination notice.
(v) Continuing Privacy and Security Obligations. Business Associate's and the Covered
Entity's obligation to protect the privacy and security of the PHI it created, received,
maintained, or transmitted in connection with services to be provided under the
Agreement will be continuous and survive termination, cancellation, expiration, or
other conclusion of this Agreement. Business Associate's other obligations and
rights, and the Covered Entity's obligations and rights upon termination, cancellation,
expiration, or other conclusion of this Agreement, are those set forth in this
Agreement.
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SECTION V
AMENDMENT AND TERMS OF AGREEMENT
5.01 Mutuality. No alteration or modification of the terms and conditions of this Agreement shall
be valid unless written and signed by both the Sponsor and VSI.
5.02 Terms of Agreement. This Agreement shall be in effect for the Agreement Period and shall
renew automatically for Successive Periods upon approval of Successive Period terms and
conditions. This Agreement shall be terminable Immediately and without advance notice by
the Sponsor or VSI for Cause. For Purposes of this Agreement, "Cause" shall be
termination resulting from a material breach by Sponsor or VSI, during the Agreement
Period, of the provisions of Section II hereof.
In addition to the termination provision above, upon the Sponsor's knowledge of a material
breach of Section IV of this Agreement by Business Associate, Sponsor shall provide an
opportunity for Business Associate to cure the breach orend the violation, and terminate the
Agreement if Business Associate does not cure the breach or end the violation within the
time period mutually agreed upon by Business Assoclate and Sponsor, or Immediately
terminate the Agreement if Business Associate has breached a material term of Section IV
and Business Associate and Sponsor agree that cure is not possible.
5.03 VSI has the right to suspend or terminate this Agreement due to non-payment of monthly
administrative fees listed in Appendix C. This right can be exercised once a Sponsor's
outstanding invoice(s) exceed sixty (60) days past due. Termination of the Agreement due
to non-payment will result in all administrative fees for the remaining portion of the
Agreement Period or Successive Period to become due and payable prior to the Transferof
Records.
5.04 Transfer of Records. Upon termination of the Agreement and payment of all outstanding
fees due VSI, VSI shall deliver copies of Sponsor's electronic records to Sponsor in VSI's
standard format. Such delivery shall relieve VSI of its obligations to maintain records In
connection with this Agreement. Additionally, VSI shall transfer all funds held on behalf of
Sponsor within ten (10) business days of such termination date.
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SECTION VI
MISCELLANEOUS
6.01 Section Headings. Headings of Sectlons in this Agreement are Inserted for purposes of
reference only, constitute no part of this Agreement and are not to be considered in the
construction thereof.
6.02 Counterparts. This Agreement may be executed in any number of counterparts each of
which shall be deemed an original, but together they shall constitute one and the same
document.
6.03 Governing Law. This Agreement shall be governed by the laws of the State of Texas.
6.04 Taxes. Any taxes levied by a governmental entity for the services provided under this
Agreement will be the responsibility of Sponsor.
6.05 Walverof Provisions, Failure by either party to Insist upon compliance with any provision of
this Agreement at any time or under any set of circumstances shall not operate to waive or
modify such provision or in any manner render it unenforceable as to any other time or as to
any other occurrence, whether the circumstances are or are not the same, and no waiver of
any of the terms or conditions of this Agreement shall be valid or of any force or affect
unless contained in a written memorandum specifically expressing such waiver and signed
by a person duly authorized by the parties to sign such waiver.
6.06 VSI Not A Fiduciary. It is understood and agreed that VSI Is not a fiduciary or Plan
Administrator or named fiduciary of any Plan.
6.07 Advertising. VSI may use only advertising relating to business connected with the Sponsor
that is approved by the Sponsor in advance of its use.
6.08 Ngttce. Unless otherwise indicated by this Agreement, any notice required to be given by
one party to the other shall be by registered mail at the following addresses:
Kathleen J. Lee
VeriSource Services, Inc. County of Brazos
7600 W. Tidwell Rd 300 E 261° St
Suite 700 Bryan, Texas 77803
Houston, Texas 77040
6.09 Severability. The Invalidity or unenforceability of any provision in the Agreement shall in no
way affect the validity or enforceability of any other provision. Moreover, it Is intended that
any provision shall be construed by a court of competent Jurisdiction by limiting and reducing
it so as to be enforceable to the extent compatible with the applicable law as it shall then
appear.
IN WITNESS WHEREOF, the partte ave he o set their han
iL�� �� (sig aturel
Kathleen J. Lee, Presidentprint)
VSI ASA_Counly of Brazos 13 8/12/2015
rflol.� ;.13-- Py
APPENDIX A
TO
THE ADMINISTRATIVE AGREEMENT BY AND BETWEEN VERISOURCE
SERVICES, INC AND COUNTY OF BRAZOS
Emolovee Benefit Plans To Be Included
• Medical
V$1 ASA County of Brazos 14 811212015
Vol. _�z3 _. p9 _-�
APPENDIX B
TO
THE ADMINISTRATIVE AGREEMENT BY AND BETWEEN
VERISOURCE SERVICES, INC AND COUNTY OF BRAZOS
Vendors to receive electronic output files:
VSI ASA Counly of Brazos 15 8/12/2015
FVO
_d�o�%_ Pga `
�1
APPENDIX C
TO
THE ADMINISTRATIVE AGREEMENT BY AND BETWEEN
VERISOURCE SERVICES, INC AND COUNTY OF BRAZOS
Administrative Fees
• Initial Implementation Fee
$ 1,250.00
• Update database Jan —Jun, 2015 $ 2,400.00
• Monthly Administrative Fee
$ 0.80 PEPM
Assumptions:
> Sponsor will provide the initial eligibility data electronically (Excel Is acceptable)
D Implementation Fee is a ane -time fee
Update database fee is a one-time fee
Y Administrative fees are for all active employees of the Sponsor
L Monthly administrative fees include the printing, mailing and postage of IRS Form 1095-
3 to applicable participants active in the prior year
D VSI reserves the right to amend the fees If there is a material change to the number of
benefit eligible employees
L Set-up of a new Sponsor electronic file after the initial implementation will result In an
additional fee ranging from $750 -$1,000 depending on complexity of the vendor file
format
D VSI reserves the right to assess a $150/hour fee for material modifications to the
administrative solution
D Administrative fees are guaranteed for two (2) years as long as there is not a material
change in the number of employees or benefits offered
VSI ASA County of Brazos 16 8/12/2015
F&ANdgreenrent; .t1PO &- Y=cs Counn, 1
Ej%ecme: Oclober 1, 2015
STATE OF TEXAS
COUNTY OF BRAZOS
FISCAL AND PERSONNEL MANAGEMENT AGREEMENT
This Fiscal and Personnel Management Agreement, hereinafter referred to as "Agreement",
entered into by and between Brazos County, a political subdivision of the State of Texas,
hereinafter referred to as the "County" and the Bryan -College Station Metropolitan Planning
Organization's Policy Committee, hereinafter referred to as the "B/CS MPO", the designated
Metropolitan Planning Organization ("MPO") for the Bryan -College Station Urban area, as
authorized by the Moving Ahead for Progress in the Twenty-first Century Act (MAP -21), under
Title 23, United States Code, Section 134 (The Urban Transportation Planning Process), and
further regulated by Title 23 Code of Federal Regulations 420 and 450.
WITNESSETH
WHEREAS, 23 U.S.C. Section 134, 49 U.S.C. Section 5301 and Title 23 Code of
Federal Regulations 420 and 450 et seq. require that Metropolitan Planning Organizations, in
cooperation with the department and transit agencies, address the major transportation issues
in the metropolitan planning area; and
WHEREAS, the MPO Policy Committee is the policy body that guides the local forum
established pursuant to 23 U.S.C. Section 134, 49 U.S.C. Section 5301 and Title 23 Code of
Federal Regulations 420 and 450 at seq. with the responsibility for establishing overall
transportation for, and taking the required approval actions as the Metropolitan Planning
Organization, comprising those governmental agencies identified in the original designation
agreement and those agencies or organizations subsequently added to the membership of the
board; and
WHEREAS, the Governor of the State of Texas has designated B/CS MPO Policy
Committee as the MPO for the Bryan -College Station Urban area; and
WHEREAS, the B/CS MPO requests that the County act as the financial disbursing
agent for all B/CS MPO funds; and
WHEREAS, the County, as one of the parties to an Inter -local Agreement creating the
B/CS MPO, has determined it is in the public interest to assist the B/CS MPO in securing and
managing funds for transportation planning purposes in the local area;
NOW, THEREFORE, the parties hereby agree as follows:
FO -I- Pug
MPMA,eeniena :NPO & Bm:os County
F dee ive.: Ocmber 1, 2015
ARTICLE I
PURPOSE
1.01 The purpose of this Agreement is to provide fiscal and personnel management
assistance to the B/CS MPO.
ARTICLE II
TERM
2.01 The term of this Agreement begins on October 1, 2015 and ends September 30, 2018
or sooner by mutual agreement by both parties. This is not to be construed as the term of
employment for employees providing services to the B/CS MPO. See Section 4.07 and 4.08 of
this contract.
ARTICLE III
DESCRIPTION OF SERVICES
3.01 The County agrees to provide fiscal and personnel management assistance to the B/CS
MPO by acting as the financial disbursing agent for B/CS MPO funds.
ARTICLE IV
FISCAL MANAGEMENT & DISBURSEMENT
4.01 The County shall maintain one or more separate trust accounts under the supervision of
the County Auditor to carry out the requirements of this Agreement and is responsible only in
the capacity of a trust officer for the funds involved. The County will be responsible for paying
all invoices that comply with existing State statues, County fiscal policy, and the B/CS MPO's
state approved and adopted procurement procedures on behalf of the B/CS MPO. Such
invoices must have been properly approved and documented, and the County should have
resources on hand to make full payment. The B/CS MPO hereby agrees to seek reimbursement
from all available sources on a periodic basis, no longer than every thirty days.
4.02 All warrants issued to the County or the B/CS MPO by the State of Texas, or federal
agencies, for work performed by any agency or consultant under contract to the B/CS MPO
shall be properly endorsed and deposited in the trust account.
4.03 The B/CS MPO shall make contracts and commitments in its own name. The B/CS MPO
shall forward invoices and payment obligations to the County Auditor's Office for processing
and payment. The budget for all activities on behalf of the B/CS MPO program will be set by
the B/CS MPO.
4.04 The disbursement of funds to agencies or consultants under contract to the B/CS MPO
will be made by the County in the amounts as specified by the B/CS MPO, so long as the B/CS
MPO budget has sufficient funds to accommodate all payment requests.
Fvoi-_� �3 Pg Je
F&P,11 dgreemenr, WO & Bra -os Comity 3
F,jjecrive: October 1. 2015
However, the B/CS MPO is fully responsible for all such contracts and releases the County
from any liability which may arise as a result of the County performing any non -negligent task
pursuant to this Agreement.
The County is under no obligation to process payment requests unless sufficient funds for such
purposes are present in the B/CS MPO budget.
4.05 All requests for reimbursement from the State of Texas or any federal agency shall be
prepared by the employees assigned to perform B/CS MPO tasks and submitted monthly to the
Texas Department of Transportation with a copy to the County Auditor. The B/CS MPO is
solely responsible for the accuracy of the records of funds expended by itself and those
agencies or consultants who contract with the B/CS MPO.
4.06 The B/CS MPO assumes responsibilities for the legal and proper expenditures of all
locally derived planning monies, Federal Metropolitan Planning monies, and Federal Transit
Administration Section 5303 & 5307 monies under the guidance of the State of Texas
Department of Transportation. The B/CS MPO adopts its own line item budget which is not
subject to approval by the County Court of Commissioners but shall be grouped into expense
group/categories similar to the County's. Any expenditure over those established amounts and
beyond the B/CS MPO Director's delegated authority shall be submitted to the Policy
Committee for a budget amendment. All monies shall be budgeted and expended according to
the latest approved Unified Planning Work Program.
4.07 The County will insure that sufficient staff will be available as needed to support those
services required by the B/CS MPO.
4.08 All employees working on B/CS MPO matters under the supervision of the B/CS MPO
Director will be required to follow all personnel policies that have been established by the
County. B/CS MPO employees that qualify will be afforded all fringe benefits that have been
established for County employees, to include retirement, medical and life insurance, vacation,
sick leave, holidays, deferred compensation and any other benefits normally extended to
County employees.
4.09 The B/CS MPO Policy Committee shall select a Transportation Planning Director,
hereinafter referred to as "Director", who will have full-time responsibility for administrating the
work program of the B/CS MPO. The Director will also be responsible for hiring and
supervising the B/CS MPO's staff. The Director is required to follow all personnel policies
established by the County for hiring and/or firing employees. Any action taken with regards to
hiring and/or firing does not require the County's Commissioner's court approval.
4.10 The Director will take direction on B/CS MPO policy and technical matters from the
B/CS MPO Policy Committee and direction on fiscal administrative matters from Brazos County.
4.11 The B/CS MPO shall pay all costs associated with the employees as described in
paragraph 4.08. The County Auditor is hereby authorized to make payment for B/CS MPO
personnel costs, to be reimbursed on a monthly basis from B/CS MPO funds, as described in
paragraph 4.01.
4.12 The B/CS MPO agrees to indemnify the County for any amounts to which the County
F
i. 3 -- Pg 3.6
WAI Agreement; ,NPO & Bra=os County 4
Effeahe: Oclober 1, 2015
may become liable because of the action or omission of any employee under immediate
supervision of the B/CS MPO Director.
ARTICLE V
TERMINATION
5.01 This Agreement may be terminated in whole or in part by either party hereto whenever
such termination is found to be in the best interest of either party. Termination shall be
effected by the conveyance of a written notification thereof to the other party at least sixty
(60) days in advance of the effective date of the termination.
All notices pursuant to this Agreement shall be deemed given when, either delivered in person
or deposited in the United States mail, postage prepaid, certified mail, return receipt requested,
addressed to the appropriate party at the following address:
If to County: Brazos County Administration Building
200 S. Texas Ave., Suite 332
Bryan, Texas 77803
with a copy to:
County Auditor
200 S. Texas Ave., Suite 218
Bryan, Texas 77803
If to MPO: Bryan -College Station Metropolitan Planning Organization
Policy Committee
3833 S. Texas Ave., Suite 290
Bryan, Texas 77802
ARTICLE VI
NON-DISCRIMINATION
6.01 It is mutually agreed that all parties hereto shall be bound by the provisions of Title 49,
Code of Federal Regulations, Part 27 and Part 21, which was promulgated to effectuate Title
VI of the Civil Rights Act of 1964, Title 23, Code of Federal Regulations, Part 710.405(b), and
Executive Order 11246 titled "Equal Employment Opportunity" as amended by Executive Order
11375 and as supplemented in Department of Labor Regulations (41 CFR Part 60).
ARTICLE VII
GOVERNING LAW
7.01 The laws of the State of Texas shall govern this Agreement and all obligations
hereunder of the parties are performable in Brazos County, Texas.
F&PMAgreement MPO & Brazos County
Efecuve: October!, 3015
ARTICLE VIII
NON -ASSIGNMENT
8.01 This Contract shall be binding upon and inure to the benefit of the parties hereto and
their respective legal representatives successors and assigns. Neither the County nor the B/CS
MPO shall assign or sublet any duty of this Agreement, excepting those already identified
herein, without the written consent of the other.
ARTICLE IX
SEVERABILITY
9.01 Should any provisions of this contract for any reason be held to be invalid, illegal, or
unenforceable in any other respect such invalidity, illegality or unenforceability shall not affect
any other provision hereof.
ARTICLE X
ENTIRETY OF AGREEMENT
10.01 This is the entire Agreement between the parties and no modification of this Agreement
shall be of any force or effect, unless it is in writing and signed by both parties. NO OFFICIAL,
EMPLOYEE, AGENT, OR REPRESENTATIVE OF THE COUNTY OF BRAZOS HAS ANY
AUTHORITY, EITHER EXPRESSED OR IMPLIED, TO AMEND THIS AGREEMENT, EXCEPT
PURSUANT TO SUCH EXPRESS AUTHORITY AS MAY BE GRANTED BY THE COUNTY OF
BRAZOS.
Approved to be effective on the date of the last party to sign.
BRAZOS COUNTY, TEXAS BRYAN/COLLEGE STATION METROPOLITAN
PLANNING ORGANIZATION POLICY
COMMITTEE
By: By:
Duane Pters, �(ounty Judge
CJ' l Nan F. Berry, Ch
Date: �9-I S Date: 9- 2- is
COMMISSIONER COURT MINUTES OF
AUGUST 25, 2015
ARE CONTINUED IN VOLUME 224 PAGE 1
COMMISSIONER COURT MINUTES OF
AUGUST 25, 2015
ARE CONTINUED FROM VOLUME 223
Vol. _a pg. -7L-
13
FUNDING AGREEMENT
BETWEEN BRAZOS COUNTY AND
HEALTH FOR ALL, INC.
THIS FUNDING AGREEMENT ("Agreement") effective October 1, 2014 is
entered into by and between Brazos County, Texas, acting by and through its duly
elected County Commissioners (hereinafter "County'), and the Health for All, Inc.
(hereinafter "Service Provider"), located at P.O. Box 5913, Bryan, Texas 77805,
RECITALS
WHEREAS, the medical care of the County's eligible indigent population has
become a grooving problem; and
WHEREAS, pursuant to Chapter 61
County is the payor of last resort for the
eligible indigent county residents; and
of the Texas Health and Safety Code, the
provision of basic health care services to
WHEREAS, the County is required by Chapter 61 of the Health and Safety Code
to provide, as a payor of last resort, certain basic health care assistance to its eligible
count residents and desires to do so through the Service Provider,
NOW THEREFORE the parties agree to the following terms and conditions to
provide such eligible indigent health care.
AGREEMENT
Term
The Agreement shall continue in force and effect for a term of twelve (12) months
commencing on the 1st day of October, 2014 and terminating 30th day of September,
2015.
Cancellation
This Agreement may be canceled by any of the parties hereto upon sixty (60)
days written notice as provided herein.
Services to be Performed by Service Provider
Service Provider shall provide the following services through trained, staff to
qualified county residents pursuant to the guidelines currently implemented for making
such determination: physical exams, educational information, information on sources of
prescription medication and/or access to "sample" or subsidized medications,
coordination of physician care during hospitalization (collectively "Services").
Health For All Agreement Page I of zs
EO
i'9•-- �----
Use of County Funds
Funds to be furnished to Service Provider
support for the increase in providers, operatioi
primary goal of the project is to expand the capac
access to chronic disease management and
population in the region. The County and Se
County's purpose in providing funds hereunder
eligible indigent applicants and help expand acre:
and clinic staffing and that trained personnel
accomplish these goals. Funds will not be used
nor will they be used to purchase land.
County's Payment
is stated below shall be used provide
is, and access to healthcare.The
ity at the free clinic thereby improving
ireventive services for the indigent
vice Provider acknowledge that the
is to provide medical assistance to
;'s to primary care clinic space, hours,
of Service Provider is designed to
to purchase or build a clinic or office
The County agrees to provide the Service Provider a maximum sum of
$26,000.00 ("Funds') for the term of this Agreement.
This sum shall be paid quarterly.
Responsibilities of Service Provider
Service Provider will be responsible for providing the following Services pursuant
to this Agreement:
3.
4.
5.
6.
7.
8.
9.
Completing all necessary application forms to potentially eligible indigent
individuals.
Obtaining and compiling information on each applicant for Service Provider's
Services with regard to residency and financial qualifications.
Maintaining this Agreement.
Provision of the Service Provider's Services as defined herein.
Maintaining data files on clients/patients and'the Services provided thereto.
Responding to all and any inquiries by the County regarding the Service Provider
and its Services.
Assisting the County with information needed for audit purposes.
Providing the County with quarterly financial statements.
Providing the County with any and all certified audits of Service Provider and the
management letter prepared in connection therewith.
Health FarARAgreemem 'J '/ Page 2 of IS
Vo[_OS-� T P9•._ _____
10. Providing financial statements evidencing how County funds are spent. Such
statements to be submitted to County one (1) week prior to the funding dates set
forth herein above.
11. Providing the County with statistics evidencing the number of Brazos County
residents using the Service Provider's Services and the percentage Brazos
County residents comprise of the total population using Service Provider's
services.
Record Retention
The Service Provider shall be responsible!, for record keeping on all Services
provided to those individuals using its services and all financial records. The Service
Provider agrees to maintain and make available' for inspection by the County upon
request, consistent with personal privacy, and subject to the limitation of state law, any
and all records the County determines, in its sole discretion, to be necessary for the
County to justify its continued participation in supporting the Service Provider with
funding. Such records shall be retained for at least three (3) years from the date the
service was provided. These records shall be made available for inspection and audit by
the County, if it so desires.
Accounting and Audit
The Service Provider agrees that County, or its designated representative, shall
have the right to review and to copy any records and supporting documentation
pertaining to the performance of this Agreement. The Service Provider agrees to
maintain such records for possible audit for a minimum of three (3) years after the
termination date of this Agreement, unless a longer period of records retention is
stipulated. The Service Provider agrees to allow the auditor(s) access to such records
during normal business hours and to allow interviews of any employees who might
reasonably have information related to such records. The Service Provider agrees that
County, or its designated representative, shall further have the right to review and to
copy any records and supporting documentation for prior years in which County
provided funds to the Service Provider under prior Agreements. Any audit will be
conducted by County personnel or an independent third party, as determined by the
Brazos County Commissioners Court. If the Brazos County Commissioners Court
determines that the audit will be conducted by an independent third party, all costs and
expenses associated with said audit will be solely paid for by the Service Provider.
Discrimination
The Service Provider shall hot discriminate against any employee or applicant for
employment because of race, color, religion, sex, or national origin. The Service
Provider shall take affirmative action to ensure that applicants who are employed are
treated during employment, without regard to their'race, color, religion, sex, or national
Health For All Agreement Page 3 of IS
origin. Such action shall include, but not be limited to, the following: employment,
upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or
termination; rated of pay or other forms of compensation; and selection for training,
including apprenticeship. The Service Provider agrees to post in conspicuous places,
available to employees and applicants for employment, notices setting forth the
provisions of this nondiscrimination clause.
Confidentiality
The Service Provider shall comply with applicable local, State and Federal
statutes, laws and regulations as well as administrative rules regarding confidential
records or other information obtained by the Service Provider concerning persons
served under this Agreement. The records and information shall be protected by the
Service Provider from unauthorized disclosure.
Health Insurance Portabilitv and Accountabilitv Act
The Service Provider certifies that it is in compliance with the Health Insurance
Portability and Accountability Act of 1996 (HIPAA) Public Law No. 104-191, 45 CFR
Parts 160, 162 and 164, the Social Security Act 42 U.S.C. 1320d-2 through 1320d-7, in
that such Service Provider may not use or disclose protected health information other
than as permitted or required by law and agrees to use appropriate safeguards to
prevent use or disclosure of the protected health information. The Service Provider shall
maintain for a minimum of six (6) years all protected health information.
Indemnity
The Service Provider agrees to and shall indemnify and hold harmless and
defend the County, its officers, agents, and employees from and against any and all
claims, losses, damages, causes of action, suits, and liability of any kind, including
claims of respondent superior or vicarious liability, including all expenses of litigation,
court costs, and attorney's fees, for injury to or death of any person or any breach of
Agreement arising out of or in connection with any work done by the Service Provider
pursuant to this Agreement.
Insurance
Each party to this agreement is responsible for maintaining its own liability
insurance and worker's compensation insurance, and each party will provide proof of
same to the other party on request. The Service Provider shall maintain during the term
of this Agreement a $1,000,000.00 malpractice insurance policy and a General Liability
Policy of $1,000,000.00 naming Brazos County, as an additional insured. Such
coverage shall be designated as primary over any coverage Brazos County may have in
force. Service Provider shall provide a Certificate of Insurance for both policies which
shall provide for a fifteen (15) days advance notice to County of the cancellation of such
policy.
Health For All Agreement Page 4 of 15
Vol. Pg =_
Independent Contractor
In all activities or Services performed hereunder, the Service Provider is an
independent contractor, and not an agent or employee of the County. The Service
Provider, as an independent contractor, shall be; responsible for all medical services
provided and medical decisions made pursuant to the terms of this Agreement. The
Service Provider shall supply all materials, equipment and labor required for providing of
medical services as required herein. The Service Provider shall have ultimate control
over the execution of the work under this Agreement. County shall have no control over
any decision, recommendation, or action taken by the Service Provider pursuant to this
Agreement.
The County assumes no liability for actions of the Service Provider under this
Agreement, including, but not limited to, the negligent acts and omissions of Service
Provider's agents, employees and subcontractors; in their performance of the Service
Provider's duties as described under this Agreement. The Provider agrees to hold
harmless Brazos County against any and all liability, loss, damage, cost or expenses,
including attorney's fees, arising from the intentional torts, negligence or breach of
Agreement of the Service Provider, with the exception of acts performed in
conformance with an explicit, written directive of the County, through its authorized
agents.
The Service Provider may not subcontract any portion of this Agreement nor
delegate any duties hereunder without prior written approval by Brazos County. In
emergencies, the Service Provider will request approval in writing within at least (24)
twenty-four hours of the use of a subcontractor to fulfill any obligations of this
Agreement.
Licensing
The Service Provider is required to maintain all applicable licensing permits to
practice medicine. All permits to or certification necessary to operate the Provider's
clinics shall also be maintained. Copies of any applicable licenses are to be filed with
Brazos County.
Events of Default:
The following shall be considered events of default:
Failure to maintain license to practice medicine or any restrictions being
placed upon such license by the Texas State Board of Medicine making
the providing of services hereunder impossible or difficult.
b. Failure to maintain all permits and licenses necessary to keep Service
Provider's clinics in operation.
Health For All Agreement .. // Page 5 of ZS
c. Cancellation of Service Provider's medical malpractice insurance.
Upon an event of default, the County may terminate this Agreement on three (3)
days written notice mailed by certified mail return receipt requested to the address listed
below.
Right of Audit and Monitoring
Service Provider agrees that County, or its designated representative, shall have
the right to review and to copy any records and supporting documentation pertaining to
the performance of this Agreement. Service Provider agrees to maintain such records
for possible audit for a minimum of three (3) years after the termination date of this
Agreement, unless a longer period of records retention is stipulated. Service Provider
agrees to allow the auditor(s) access to such records during normal business hours and
to allow interviews of any employees who might reasonably have information related to
such records. Service Provider agrees that County, or its designated representative,
shall further have the right to review and to copy any records and supporting
documentation for prior years in which County provided funds to the Service Provider
under prior Agreements. Any audit will be conducted by County personnel or an
independent third party, as determined by the Brazos County Commissioners Court. If
the Brazos County Commissioners Court determines that the audit will be conducted by
an independent third party, all costs and expenses associated with said audit will be
solely paid for by the Service Provider.
Venue and Governing Law
The venue of this Agreement is Brazos County, Texas, and this Agreement shall
be governed by and in accordance with the laws of the State of Texas.
Notices
All notices required to be given hereunder shall be deemed to be duly given by
delivering such notice or by mailing it, registered mail to the other party at the following
addresses:
Health for All, Inc.
C/O Executive Director
P.O. Box 5913
Bryan, Texas 77805
Further Assurances
Brazos County
C/O Commissioners Court
200 S. Texas Ave., Suite 310
Bryan, Texas 77803 -
Each party hereto agrees to perform any further acts and to execute and deliver
Health ForAllAgreemen! Page 6ofl5
any further documents which may be necessary to carry out the provisions of this
Agreement.
Severability
In the event that any of the provisions or portions thereof, of this Agreement, are
held to be unenforceable or invalid by any court of competent jurisdiction, the validity
and enforceability of the remaining provisions or portions thereof shall not be affected
thereby.
Amendments
This Agreement may be modified or amended at any time during its term by
mutual consent of the parties, expressed in writing, and signed by the parties.
Waiver
No failure of Brazos County to assert any right or remedy hereunder will act as a
waiver of its right to assert such right or remedy at a later time nor constitute a "course
of business" upon which Service Provider may rely, for the purpose of denial of such a
right or remedy to Brazos County.
Prior Notification
The Service Provider agrees to notify Brazos County prior to issuing public
announcements or press releases concerning work done pursuant to this Agreement, or
funded in whole or in part by this Agreement, and to cooperate with Brazos County in
joint or coordinated releases of information.
Notice of Change
The Service Provider shall give thirty (30) days prior written notice to Brazos
County, if there Is a change in the Service Provider's legal status, federal employer
identification number (FEIN) or address. Brazos County reserves the right to take any
and all appropriate action. The Service Provider agrees to hold harmless Brazos County
for any acts or omissions by the County resulting from the Service Provider's failure to
notify of these changes.
In the event Service Provider becomes a party to any litigation, investigation or
transaction that may reasonably be considered to have a material impact on its ability to
perform under this Agreement, the Service Provider will immediately notify Brazos
County in writing.
Tax_Exemot Status
As a political subdivision of the State of Texas, Brazos County is tax exempt.
Tax exemption certification will be furnished upon request.
Health For AllAgreemeat I—"---------Page-7aj1S
Vol. p�_�_.� Pg, p I
Sovereian Immuni
This Agreement is expressly made subject to Brazos County's Sovereign
Immunity, Title 5 of the Texas Civil Practices and Remedies Code, and all applicable
Federal and State law. The parties expressly agree that no provision of this Agreement
is in any way intended to constitute a waiver or any immunities from suit or from liability
that the Brazos County has by operation of law. Nothing in this Agreement is intended
to benefit any third party beneficiary.
Assignability
This Agreement is not assignable by the Service Provider without the prior
written consent of the County.
Fiscal Funding Clause
Notwithstanding any provisions contained herein, the obligations of the County
under this Agreement are expressly contingent upon the availability of funding for each
item and obligation contained herein for the term of the Agreement and any extensions
thereto. The Service Provider or any other person or entity directly or indirectly
employed by the Service Provider or any other person or entity to whom the Service
Provider may be liable to, shall have no right of action against the County in the event
the County is unable to fulfill its obligations under this Agreement as a result of lack of
sufficient funding for any item or obligation from any source utilized to fund this
Agreement or failure to budget or authorize funding for this Agreement during the
current or future fiscal years. In the event that the County is unable to fulfill its
obligations under this Agreement as a result of lack of sufficient funding, or if funds
become unavailable, the County may, in its sole discretion, provide funds from a
separate source or may, in its sole discretion, terminate this Agreement by written
notice to the Service Provider at the earliest possible time under the circumstances.
Entire Agreement
This Agreement contains the entire understanding between the parties hereto
concerning the subject matter contained herein. There are no representations,
agreements, arrangements, or understandings, oral or written, between or among the
parties hereto, relating to the subject matter of the Agreements, which are not fully
expressed herein.
Health For A1!Agreement �! Page 8 ojl5
Vol. _�.2 Pct- % S
In witness whereof, the parties hereto have caused this Agreement to be
executed by their duly authorized representatives.
SERVICE PROVIDER
Hea i fora`U"t
Executive Director
BRAZOS COUNTY, TEXAS
25 ►5
iDuanePeters L4W4�Dat
County Judge
ATTEST:
Karen'McQueen, County Clerk
Health For All Agreement ^^APage 9 of15 j
F
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BRAZOS COUNTY
BUSINESS ASSOCIATE AGREEMENT
"HI( PAA"l. The parties acknowledge that federal regulations relating to the
confidentiality of individually identifiable health information require covered
entities to comply with the privacy standards adopted by the U.S. Department of
Health and Human Services as they may be amended from time to time, 45
C.F.R. parts 160 and 164, subparts A and E ("the Privacy Rule") and the security
standards adopted by the U.S. Department of Health and Human Services as
they may be amended from time to time, 45 C.F.R. parts 160, 162 and 164,
subpart C ("the Security Rule"). Collectively, the Privacy Rule and the Security
Rule are referred to herein as "HIPAA Rules." The HIPAA Rules, as well as any
applicable state confidentiality laws, require Covered Entity to ensure that
business associates who receive confidential information in the course of
providing services on behalf of Covered Entity comply with certain obligations
regarding the confidentiality of health information. "Covered Entity" and
"Business Associate" are defined in the HIPAA Rules, and for the purposes of
this Agreement, shall refer to Brazos County and Service Provider, respectively.
B. Purposes for which Protected Health Information May Be Used or Disclosed. In
connection with the services provided by Business Associate on behalf of
Covered Entity pursuant to this Agreement, Covered Entity may use and disclose
protected health information ("PHI'), as defined in the HIPAA Rules.
C. Business Associate Obligations. Business Associate agrees to comply with
applicable federal and state confidentiality and security laws, including, but not
limited to the Privacy Rule and Security Rule, including without limitation:
Use of Protected Health Information ('PHI"). Business Associate shall not
use PHI except as necessary to fulfill the purposes of this Agreement.
Business Associate is permitted to use and disclose PHI as necessary for
the proper management and administration of Business Associate'or to
carry out its legal responsibilities and its responsibilities under this
Agreement. However, Business Associate shall in such case:
(a) provide training to members of its workforce regarding the
confidentiality requirements in the HIPAA Rules and this
Agreement;
Health ForAllAgreemme }� Page lO kfl5
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(b) obtain reasonable assurances from the person to whom the
information is disclosed that it will be held confidential and further
used and disclosed only as required by law or for the purpose for
which it was disclosed to the person or entity;
(c) agree to notify the Covered Entity of any instances of which it is
aware in which the PHI is used or disclosed for a purpose that is
not otherwise provided for in this Agreement or for a purpose not
expressly permitted by the HIPAA Rules; and
(d) ensure that all disclosures of PHI are subject to the principle of
"minimum necessary use and disclosure;' i.e., only PHI that is the
minimum necessary to accomplish the intended purpose of the use,
disclosure, or request may be disclosed.
2. Disclosure to Third Parties. If Business Associate discloses PHI received
from Covered Entity, or created or received by Business Associate on
behalf of Covered Entity, to agents, including a subcontractor, Business
Associate shall require the agent to agree to the same restrictions and
conditions that apply to Business Associate under this Agreement.
Business Associate shall ensure that any agent, including a subcontractor,
agrees to implement reasonable and appropriate safeguards to protect the
confidentiality, integrity, and availability of the electronic PHI that it
creates, receives, maintains, or transmits on behalf of the Covered Entity.
Business Associate shall be fully liable to Covered Entity for any acts,
failures or omissions of the Agent in providing the services as if they were
Business Associate's own acts, failures or omissions, to the extent
permitted by law. Business Associate further expressly warrants that its
Agents will be specifically advised of, and will comply in all respects with,
the terms of this Agreement.
3. Data AT
re In the event that Business Associate works for more
than one Covered Entity, Business Associate is permitted to use and
disclose PHI, but only in order to analyze data for permitted health care
operations, and only to the extent that such use is permitted under the
HIPAA Rules or the issuing court's orders.
4. De -identified Information. Use and disclosure of de -identified health
information is permitted, but only if (i) the precise use is disclosed to
Covered Entity and permitted by Covered Entity in its sole discretion and
(ii) the de -identification is in compliance with 45 CFR §164.502(d), and
any such de -identified health information meets the standard and
implementation specifications for de -identification under 45 CFR
§164.614(a) and (b).
5. Notice of Privacy Practices. Business Associate shall abide by the
limitations of any Notice of Privacy Practices ("Notice') published by the
Health ForAllAgreement II -Page 11 ojl5
Covered Entity of which it has knowledge. Covered Entity shall provide to
Business Associate such Notice when it is adopted. Any use or disclosure
permitted by this Agreement may be amended by such Notice. However,
the amended Notice shall not affect permitted uses and disclosures on
which Business Associate relied prior to such notice.
the Privacy Rule expressly applies.
7. Use or Disclosure That Would Violate HIPAA, Business Associate is
prohibited from further use or disclosure of PHI in a manner that would
violate the requirements of the HIPAA Rules if the PHI were used or
disclosed by the Covered Entity.
8. Safeguards. Business Associate shall maintain appropriate safeguards to
ensure that PHI is not used or disclosed other than as provided by this
Agreement or as Required by Law. Business Associate shall implement
administrative, physical and technical safeguards that reasonably and
appropriately protect the confidentiality, integrity, and availability of any
electronic PHI it creates, receives, maintains, or transmits on behalf of
Covered Entity.
9. Records Management. Upon termination of this Agreement, Business
Associate agrees to return or destroy all PHI received from Covered Entity
that Business Associate maintains in any form and shall comply with
federal and state laws as they may be amended from time to time
governing the maintenance or retention of PHI. If the return or destruction
of PHI is not feasible, Business Associate agrees to extend the protections
of this Agreement to the information and limit further uses and disclosures
to those purposes that make the return or destruction of the information
infeasible.
10. Individual Rights Regarding Designated Record Sets. If Business
Associate maintains a designated record set (as defined in the HIPAA
Rules) on behalf of Covered Entity, Business Associate agrees as follows:
Health For All Agreement Page 12 gf15
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(a) Correction of PHI. Business Associate agrees that it will amend
PHI maintained by Business Associate as requested by Covered
Entity.
(b) Individual Right to Copy or Inspection. Business Associate agrees
that, if it maintains PHI in a designated record set for the Covered
Entity, it will permit an individual to inspect or copy PHI about the
individual in that set under conditions and limitations required under
45 CFR §164.524. The Covered Entity is required to take action on
such requests as soon as possible but not later than 30 days
following receipt of the request. Business Associate agrees to
make reasonable efforts to assist Covered Entity in meeting this
deadline, to the extent the requested information is maintained by
Business Associate and not the Covered Entity.
The information shall be provided in the form or format requested, if
it is readily producible in such form or format; or in summary, if the
individual has agreed in advance to accept the information in
summary form. A reasonable, cost -based fee for copying health
information may be charged.
(c) Individual Right to Amendment. Business Associate agrees, if it
maintains PHI in a designated record set, to make amendments to
PHI at the request and direction of Covered Entity pursuant to 45
CFR §164.526. If Business Associate maintains a record in a
designated record set that is not also maintained by Covered Entity,
Business Associate agrees that it will accommodate an individual's
right to have access to and amend PHI about the individual in a
designated record set in accordance with the Privacy Rule set forth
at 45 CFR §164.526, unless the regulation provides for a denial or
exception that applies.
11. Accounting of Disclosures. Business Associate agrees to make available
to the individual and/or the Covered Entity from whom the PHI originated,
information required for an accounting of disclosures of PHI with respect
to the individual, in accordance with 45 CFR §164.528, and incorporating
exceptions to such accounting designated under the regulation. Such
accounting is limited to disclosures that were made in the six (6) years
prior to the request (not including any disclosures prior to the compliance
date of the Privacy Rule).
(a) Covered Entity is required to take action on such requests as soon
as possible but not later than 60 days following receipt of the
request. Business Associate agrees to use its best efforts to assist
Covered Entity in meeting this deadline.
Health ForAllAgreement..___—.— Page 13 of l5
Vol..—__d�_� ('g _/
(b) Such accounting must be provided without cost to the individual or
Covered Entity if it is the first accounting requested by an individual
within any 12 month period; however, a reasonable, cost -based fee
may be charged for subsequent accountings if Business Associate
informs the individual in advance of the fee and is afforded an
opportunity to withdraw or modify the request
(c) Such accounting shall be provided as long as Business Associate
maintains the PHI.
D. Internal Practices. Books, and Records. Business Associate shall make
available its internal practices, books, and records relating to the use and
disclosure of PHI received from, created, or received by Business Associate on
behalf of the Covered Entity to the U.S. Department of Heath and Human
Services or its agents for the purpose of determining the Covered Entity's
compliance with the HIPAA Rules, or any other health oversight agency, or to the
Covered Entity.
E. Indemnification. To the extent permitted by law, Business Associate agrees to
indemnify and hold harmless Covered Entity from and against all claims,
demands, liabilities, judgments or causes of action of any nature for any relief,
elements of recovery or damages recognized by law (including, without limitation,
attorney's fees, defense costs, and equitable relief), for any damage or loss
incurred by Covered Entity arising out of, resulting from, or attributable to any
acts or omissions or other conduct of Business Associate or its agents in
connection with the performance of Business Associate's or its agents' duties
under this Agreement. This indemnity shall apply even if Covered Entity is
alleged to be solely or jointly negligent or otherwise solely or jointly at fault;
provided, however, that a trier of fact finds Covered Entity not to be solely or
jointly negligent or otherwise solely or jointly at fault. This indemnity shall not be
construed to limit Covered Entity's rights, if any, to common law indemnity.
F.
Covered Entity shall have the option, at its sole discretion, to employ attorneys
selected by it to defend any such action, the costs and expenses of which shall
be the responsibility of Business Associate. Covered Entity shall provide
Business Associate with timely notice of the existence of such proceedings and
such information, documents and other cooperation as reasonably necessary to
assist Business Associate in establishing a defense to such action.
These indemnities shall survive termination of this agreement and Covered Entity
reserves the right, at its option and expense, to participate in the defense of any
suit or proceeding through counsel of its own choosing.
Hearth ForArlAgreemen! Page l4 oj15
E
G. Rights of Proorietary Information. The Covered Entity retains any and all rights
to the proprietary information, confidential information, and PHI it releases to
Business Associate.
H. Termination for Breach. Without limiting the termination provisions herein, if
Business Associate breaches any provision in this Section entitled "Use and
Disclosure of PHP', Covered Entity may, at its option, access and audit the
records of Business Associate related to its use and disclosure of PHI, require
Business Associate to submit to monitoring and reporting, and such other
conditions as Covered Entity may determine is necessary to ensure compliance
with this Article; or Covered Entity may terminate this Agreement on a date
specified by Covered Entity.
J.
Reference. Any reference in this Section entitled "Use and Disclosure of PHP'
entitled "Use and Disclosure of PHP' from
K. Precedent and Ambiguity. If any term of this Section entitled "Use and
Disclosure of PHP' conflicts with another term of this Agreement, the term
contained in this Section shall be controlling. Any ambiguity in this Section
entitled "Use and Disclosure of PHP' shall be resolved to permit Covered Entity to
comply with the HIPAA Rules.
L.
entitled "Use and
Accepted:
Health For A11 Agreement �, Page 15 oj15._
Vol.._
J</ ?g, 16
Brazos County
a.F Purchasing Department
a F
200 SOUTH TEXAS AVE SUITE 352 BRYAN, TX 77803
PHONE (979) 3614290 FAX (979) 3614293
August 10, 2015
Texas Commercial Waste
PO Box 645
Bryan, TX 77806
Phone: 979-775-7171
Attn: Ron Schmidt
Re. Renewal ojContrac11016-06R Citizen Collection Site Trash Pickup, previously known as
1014-65R and 2011-49
Brazos County appreciates the quality work your company.ha_s provided and would like to exercise a renewal option
for contract 2016-06R Citizen Collection Site Trask Pickup, previously known as 2014-65R mrd 1011-49. All
terms, conditions, and pricing shall remain the same. This renewal will be in ef@ct starting October 1.201S
throuelr Sentember 30, 2016.
To accept the renewal option, please fill out the information and sign below.. Return the signed documents by email
to cnorton@brazoscountytx.gov or fax to (979) 3614293. Please then submit the original signed documents and an
updated Certificate of Insurance by mail to the address listed above.. Please return acceptance as soon as passible.
If you have any questions, l maybe reached at (979) 361-4291.
Contact Name:
TEXAS COMMERCIAL WASTE
Authorized Signature
ZO CO
Duane Peters, County Judge
Date
S1(s
Date
it
2016-06R Citizen Collection Site Trash Pick Up
Previously known as 2014-65R and 2011-49
October 1, 2015 - September 30, 2016
Tabulation
Container Rental Fees
Texas
Texas Commercial Waste
BSC Stop and GO Potties
BSC Stop and
Type of Container
Monthly Rental
Quantity
Monthly
Monthly
Rental Cost/
Quantity
Monthly
Cost/ Container
Type Of Container
Total
Cost/Haul
Total
21303 Kathy Flemming Rd
Off Receiving
Container
$120.00
1
2 Cubic Yard Stationary
$125.00
6
$750.00
$0.00
6
$0.00
1
Compactor
Off Receiving
$125.00
$120.00
Container
40 Cubic Yard Roll Off
$0.00
6
$0.00
$166.60/
1
6
$2,165.80
Receiving Container
28 days
30 Cubic Yard Open Top
No Charge
2
$0.00
$84.010/28
I
2
$1,092.00
Roll Off Container
days
40 Cubic Yard Open Top
No Charge
1
$0.00
$84.00/28
1
$1,092.00
Roll Off Container
I days
ITotal for the Year
$9,000.00
. Total for the Year 7EE
Hauling Fees
P9
Texas
BSC Stop and
Commercial
GO Potties
Waste
Location of Pick Up
Type Of Container
Cost/Haul
Cost/Haul
40 Cubic Yard Roll
21303 Kathy Flemming Rd
Off Receiving
$125.00
$120.00
Container
40 Cubic Yard Roll
2807 FM 2038
Off Receiving
$125.00
$120.00
Container
30 Cubic Yard Open
P9
s n. a ;.
4' TFt Brazos County
*
r os , ���' Purchasing Department
200 SOUTH TEXAS AVE SUITE 352 BRYAN, TX 77803
PHONE (979) 3614290 FAX (979) 361-4293
August 12, 2015
C.C. Creations Phone: 979-693-9664
114 Holleman Drive Entail: a.obannon@cccreatioususa.eom
College Station, TX 77840
Attn: Andy O'Bannom
Re; Rertetval of Conhwcl for Vehicle Graphics 2016— 09R previoxslr known as 2014— 79,
Brazos Comity appreciates the quality work your company has provided and world like to exercise the renewal
option for Vehicle Graphics 2016— 03R previoushr knmvn as 2074— 79.
All terns, conditions, and pricing shall remain the same. This renewal will be for one year and will start August 25,
2015 through August 24, 2016.
To accept the renewal option, please fill out the information and sign below. Return the signed documents by email
to cnorton@brazoscountytx.gov or fax to (979) 361-4293. Please Ilton submit the original signed documents and an
updated Certificate of Insurance by mail to the address listed above. Please return acceptance as soon as possible.
If you have any questions, I may be reached at (979) 361.4291.
Contact Name: '� 5t't—ea"�u-t-�. Telephone: 1.1 Q'�q l�l pIL�
E-mail: S-�Sc�1a.�akt.4.@cct,r�ah.�,�5�,5�-��rax: ���1—�t93"2t)3L
C.C. Creations
Anthmdz , Ignaturc
QR:1Z UNTY
Duette Peters, CoUny Judge
F-1 -7-/S
Date
�5-
Date
Po �/`
i�
TABULATION 2016 - 03R
GRAPHICS FOR VEHICLES
Previously known as 2014 - 79
A na.af7G 1AIC_ A_. - I. 1n,c
C MEN • CC CRE TIO,�N1/S b {/�� ��/�
Approved issioner" Court t is a5�' day of /n Uq) f4� ZOSS by
e!
sld' esistion of Iv=.�5 6-n
Velucle.Type
No. of V6bicle to''
CC Creatib`ns -Fast
Matn Street signs,
p,. .. ... :..
mstal4Grapbics on- "
..,.,, ,..,.
-
.' - . ,.
-and,Gi•sphlcs
.Signs. �.
Dodge Charger -Sheriffs Office
6
$250.00 w/ 911 Decal
Graphics
$240.00 w/out 911 Decal
$789.65
$399.50
Ford Pickup SUV/SO Graphics
5
5250.00
$789.65
$399.50
Dodge Charge - Constable Pct. 1
Q
$550.00
$600.00a11 reflective vinyl
$1,022.44
$495.00
Dodge ChargeEonstable Pct.2
Graphics
Q
S200.00
$785.45
$540.00
Dodge Chargenstable Pct. 3
Q
$575.00
$1,395.45
$495.00
Dodge Charger- Constable Pet.4
1
$495.00 with mix of reflective and non
Graphics
reflective
$1,033.28
$495.00
Various Departments - County Seal
2520.00
reflective
Only (16")
$15.00non-reflective
$41.12
$35.00
Various Departments- County Seal
Q$16.00
reflective
Only (12")
...
$12.00non-reflective
$24.91
535.00
TOTAL." ". ; - .
. .,.. ,....
.....$5,944:00 ...
$15,757:77
S7 996.01
Vendor must indicate
Small repairs to vehicle graphics
what is considered a
$12.00/sq.ft. non reflective
$234.00
535.00 (defined as one
small repair
$16.00 sq./ft. reflective
sal)
Large repair or replacement of vehicle
Vendor must indicate
$12.00/sq.ft. non reflective
graphics
what is considered a
516.00 sq./ft. reflective
$534.75
$90.00 (defined as one
large repair
door, 6 s ft.
9� )
Removal Fee
$100.00
$320.00
$3.00 per sq, ft.
On -Site Removal Fee
$175.00
$800.00
$3.00 per sq. ft.
Time to complete one vehicle
approximately one day
8 hours
one day
5 yrs on vertical panels (sides of
3 yrs. If cared for
WARRANTY:
vehicles), I year for horizontal panels
according to provided care
5 years for sides, I year
flood/trunk top)
guide
for hood/trunk
C MEN • CC CRE TIO,�N1/S b {/�� ��/�
Approved issioner" Court t is a5�' day of /n Uq) f4� ZOSS by
e!
sld' esistion of Iv=.�5 6-n
I`7
_ Brazos County
Purchasing Department
200 SOUTH TEXAS AVE SUITE 352 BRYAN, TX 77803
PHONE (979) 3614290 FAX (979) 3614293
August 10, 2015
Texas Commercial Waste
PO Box 645
Bryan, TX 77806
Phone: 979-775-7171
Attn: Ron Schmidt
Re: Renewal of Contract 1016-13R Portable Toilet Rental, previously A-nown as 10IS-OIR and
1011-48
Brazos County appreciates the quality work your company has provided and would like to exercise a renewal option
for contract 2016- 13R Portable Toilet Rental, previously known as 2015- 01 R and 2011- 48. All terms, conditions,
and pricing shalt remain the same, This renewal will be in effect starting October 1, 2015 through Sepienrber30,
2016.
To accept the renewal option, please fill out the information and sign below, Return the signed documents by email
to cnorlon�oubrazoscountylx.gov or fax to (979) 361-4293. Please then submit the original signed documents and an
updated Certificate of Insurance by mail to the address listed above. Please return acceptance as soon as possible.
If you have any questions,,] may be reached at (979) 361 A291.
Contact Name:
E -Mail: I GwAr � SC H�LIo MA,� a .H Fit,:�i�7 �22 ' Soo 6
TEXAS COMMERCIAL WASTE
C� /O-2or5
Authorized Signature Date
ZO NTV
1
Duane Peters, County Judge Date
IQ 2016 -13R Portable Toilet Rental
Previously known as 2015-01R and 2011-48
October 1, 2015 through September 30, 2016
Location
Texas Commercial Waste
BSC Stop and GO Potties
w
Cost/Month
Cost/Year
Cost/ Month
Cost/Year
21303 Kathy Flemming Rd
$50.00
$600.00
$60.00 per 28
$780.00
days
2807 FM 2038
$50.00
$600.00
$60.00 per 28
$780.00
days
10940 South Highway 30
$50.00
$600.00
$60.00 per 28
$780.00
days s
7250 Raymond Stotzer Pwy (FM60)
$50.00
$600.00
$60.0028
$780.00
,per
da
9125 Mumford Rd
$50.00
$600.00
$60.00 per 28
$780.00
Y
1495 Silver Hill Rd
$50.00
$600.00
$60.00 per 28
$780.00
Y
13071 Ferrill Creek Rd
$50.00
$600.00
per 28
$60.00
$780.00
Y
15227 Royder Rd
$50.00
$600.00
$60.00 per 28
$780.00
V
2617 Highway 21 West
$50.00
$600.00
per 28
$60.00
$780.00
Ys
Total for rentals per Year
$5,400:00
$7,020.00
Location
Texas Commercial Waste
BSC Stop and GO Potties
Cost/Month
Cost/ Month
Cost for extra Portable Toilet
Rental (Road and Bridge will
$50.00
$60.00 per 28 days
determine when and where if this
is needed)
RECOMM T40. Texas Commercial Waste
Appr ved y C missioner&urt on this aJ day of 2015 by
ing the position of r
0
BRAZOSCOUNTY
COMMISSIONERS' COLRT
ACTION FORM
DEPARTMENT Road and Bridge DEPT. NUMBER 56001000
DATE OF COURT MEETING: August 25, 2015
ITEM: Consider and take action on the Final Plat of Indian Lakes Subdivision, Phase XIX
(19); Lots 1-16, Block 30; 34.480 Acres; J.M. Barrera Survey, A-69; (College Station ETJ)
Brazos County, Texas. Site is located in Precinct 1.
SOURCE OF FUNDS: N/A
NOTES:
• Owner: Smiling Mallard Development, Ltd.
• Engineer/Surveyor: McClure & Browne Engineering/Surveying, Inc.
SUBMITTED BY:
R. Alan Munger, P. %
County Engineer J
APPROVED BY:
Commoner Lloyd Wassermann
Precinct 1
This Request is [ AP4 O/ mmissioners' Court
Duan Peters, County Judge
%l A6 r P-)
Daet
Jus. I1. 'iU05 9:21 FM Brazos Gousty Road & Bridge No, W6 P. 2
Application for Development
Brazos County Subdivision and Development Regulations
Brazos County Engineering Department
2617 Hwy 21 West, Bryan, Texas 77803
(979)822-2127
Master Plan i:r't Final Plat ✓ Re -Plat
Property Deserlp,'on:
RoadUcation: ',kGAR iNTUSEfT/on/ 0 Il;
Office Use Only.
Amending Plat_
tiACNiijA Co✓E
LegalDescription- :_WOiA" LANES PI{AaE JT r 17LoCy 3� Lo7S i -IL
Subdivision Descriptinn
Subdivision Name:.—LAw�ALA tj LA w P s PN ASC 1 9
Total number of lots: / L Total Acreage: 3 Y • LI0
Property Owner
OWncr J%aMe(S): S"ILIIv4 wIALt�F r20 p'Ey ELGe118. 7
Current mailing address: 3Go �'. 9 � S7, : fB, Do 2 Yf1 N 7-Y 77,PO L
Phone number(s);
Applicant or Authorized Agent, Engineer or Surveyor
Name and Address -,7'N Et- rA+C A60RFTLr AF A17ave
Phone numbcr(a): _ � 7 e Y
Name and Address:
Phond number(s):
Application is for
Residential (y' Mobile Home Park O Commercial ( )
Other ( )
Is any of the property located in a Floodplain or Flood Hazard area? N o (yes/no)
A*r owlmomenn The flood hazard boundary maps end other flood dam used by Brerps County in evaluadag flood hazards to
prepwil developments are considered reasonable and eeauale mr regulatory purposes and arc based on the hest available scientific
sad engineering data. On rare owasions greater floods tan and will occur and flood heights maybe increased by manmade or Miami
cess. Imutinee of Floodplain Pamnt in accordance with rhe Brazos county Flood Damage Prevention Ordinance docs not imply
that development outside the asesafspecial flood hanud will be free from flooding or flood damage. Issuance of a permit shall not
create liabilityan the pan ofBiwas County or any ot6ceror employee of Brazos County in the event flooding or flood damage docs
rout.
Is part or all of the property within an ETJ of a City? Yf S (yes/no)
Will any construction occur in TxDOT right-of-ways? NO (yes/no)
Application Check List.
Copies of finished plat with corrections (if any):
3� 9 copies to Brazos County
Cit One (1) copy to Brazos County Health Dept.
OY One (1) copy to Brazos County 911
9i One (I) copy to local Water District or Company
Letters ofapproval (to be sent by the approving institution directly to Brazos County Engineering):
❑ Letter from Brazos County Health Dept. - For onsito sewage evaluation.
❑ Letter from Brazos County 911- For road names.
0 Letter from Water District or Company. - Stating water availability, etc..
if property is within an ETJ of a city:
❑ Approval notification from appropriate city.
Applicant attest that theybave signed this application in the capacity draignated, if any, and fiather attests
that they have read doeumeat and the statement contained herein and any attached aft true end factual. All
applicants are encouraged to review the County Regulations prior to any plat submittal. It is understood that
this application is not finished or dated until all documents listed above are filed at the Brazos County
Engineering OfiSce and all applicable Iatllcs'are filled in the application above.
� Il/3115-
ApplieanYs Signafto Date
County witness Date
Vol. .; 5� I,g �s`
Jun, 21. 2M j:21rm urazos County Road & Bridge
No. 0946 P. 3
Engineer/Surveyor Check List for Plat Pre -Approval
!� I) Property located within a City Extra TerritoriaLJurisdiction (ETJ), contact with
that CiO, b rbgdired before plat apP,??Xa1•
!d/ 2) Drawn ou 24" x 36" sheet to scale of.100' per.inch or larger, If more than one sheet, an
index sheet showing entire subdivision at a $cale of 500 feet per inch or larger.
r
3) Include the words; "MASTER DEVELOPMENT PLAN—NOT FOR RECORD" or
"FINAL PLAT"or "RE -PLAT' or "AMENDING PLAT" in letters %" high.
2� 4) Vicinity map which includes enough of surrounding area to show general location of
subjeorproperty,in relation to major roads and any city limits and county boundaries. No
scale required but include notch arrow.
a/ 5) Title Block with the following information;
1;1-- Name and address of subdivider, recorded owner, planner, engineer and surveyor.
GY Proposed name of Subdivision. (Subdivision name & street names will be approved
through the Brazos County 911.) (Replats need to retain original subdivision name,)
lii_ Date of preparation. (Include the date ofany revisions on the plat)
19-- Engineer's scale in feet.
10— Total area intended to he developed.
iY Re -plat or Amending Plat, existing lot and block description or Abstract name and
number.
lY 6) North Arrow.
t3/ 7) Location of any current city or county limit lines, if applicable.
ly— S) Subdivision boundary indicated by heavy lines. Boundary must include all of parent tract
(Y 9) Descriptions by metes and bounds of the subdivision which shall close within accepted
land surveying standards. (Shown on drawing; not separate description)
19-- 10) Primary control points or descriptions and ties to such control points, to which, later, all
dimensions, angles, bearings, block numbers, and similar data shall be referred, The plat
shall be located With respect to a corner of the survey or tract, or an original corner of the
original survey of which it is a part.
B" 11) Name of contiguous subdivisions and names of owners of contiguous parcels of
unsubdivided land, and an indication whether or not contiguous properties are platted.
111,— 12) Location of the 100 Year Floodplain and Floodway, ifapplioablo, according to the most
recent available (lata.
0— 13) Note the FEMA FIRM Map panel number and revision date on plat
Id-- 14) , Topographic information, including contours at two foot (2. R) intervals, flowline
elevation and flow direction.
t� 15) Proposed drainage concept shown on plan showing flowpaths'tb primary system.
Jun. Z1.,IM J 24VM Brazos county Road &Bridge No. 0946 P. d,
I r� 16) Locate and Describe, with accurate dimensions, bearings or deflection angles and radii,
area, center angle, degree of curvature, tangent distance and length of all curves; show
existing items that are intersecting or contiguous with the boundary of or forming a
boundary with the subdivision, as weltns, those within the subdivision; for the
following:
Existing Proposed
2' - 9'
r Streets: continuous or end in a CUI-de-sac, stubbed out streets most end into a
temp. turn around unless they are shorter that 100 feet
iY 9� Public and private RAW. locations, width(s) and names. (All existing and
proposed R0. W.'s sufticieat to meet County and City Regulations, if
applicable.)
t 1/ Strebt offsets and/or intersection angles meet ordinance.
(3� ly— Alleys
('Y Reserve tracts.
I9� Cs-- well site locations.
C�- 5— Pipelines: label company with volume and page.
a— U-- Utility Services. (water, wastewater, electrical, natatal gas, cable, phone, etc.)
L9 l3- Easements.
C' 6 Drainage Structures and improvements per engineering analysis.
L4� 0 A number or letter to identify each lot or site and each block.
B— a— Public areas.
I3- 19— DtlterPublic improvements, including but not limited to parks, schools and
other public facilities,
C4- 17) All off-site easements for iafrastructure construction must be shown on the final plat with
a volume and page listed to indicate where the separate instrument easements were riled.
Separate instrument casements must be filed prior or concurrently with final plat.
[9- 18) Proposed phasing. The Masrer Plan and each phase must be able to stand alone to meet
ordinance requirements. Infrastructure costs should be separate for each phase of the
subdivision.
19) Bring this check list with one Copy of plat for pre -approval to meeting; date and time set
by County Engineer or Planner. Meeting location set at County Engineering affiae.
Brazos County Englnce*
Road & Bridgo Department,
26I7 Hwy2l, West
Bryan, Texas 77803
(979)822-2127
V.
�'ol p9_
;r','
Ju n. 11. M) i:'14M drazos U untg Road & Bridge
No. 0946 P. 5
Brazos County Pre -Application For Plat Approval Date: I / /3 / S
HastorPlan Final Plat Re -Plat Amendin
a>: g Plat
Date&TimcassignedforApplication and PlatReviewwitliCountyEngineet.6ei'Wner:
Description of ProporV,
Subdivision Name: _ I NO i A^J C A v,, ES P Nf4SE 12
Property Location; NEAA r,.TEASEC7/oN of Mffe vFedc OQ r KACNn /} Ca�E
Legal Description:_ i&61AAv CAVEY PLIAS _ Iq r 9LoCK ZOr Lo-7S-
Applicant
oiSApplicant or Authorized Agent: i'/z,4 v r r yh rq R7, E K
Phone Number (s): (4 7 4 ) ?4 G— C/ 3Z y
This is a notification to Brazos County that a pian for development exists for this noted piece of property.
This is not the official Application for Development This also does not commit the Applicant listed above
to file an Application for Development or to file any type of plat for Record.
All properries within the County of Brazos are submitted to the rules and regulations set up by the Brazos
County Cetnnliaaionera Court. Copies of the Brazos County Subdivision and Development Regulations and
the Brazos County Flood Damage Prevention Ordinance are available from the Brazos County Engineering
and Planning Departments. All applicants are encouraged to review the regulations prior to any plat
submittal.
Attached is a general check list to be used by a Registered Engineer or Registered Professional Land
Surveyor, licensed by the State ofTexas, for the sole purpose ofsummarizing the needs of a finished plat.
All Countyand City Ordinances and Regulations must be met. This is not a short list of details of said
regulations. Details of the idems listed are in said ordinances, and said ordinances take precedence over this
check list.
Applicants Signature,
Comments:
/ /13 Ar
Date of Signature
z►
BRAZOS COUNTY
COMMISSIONERS' COURT
ACTION FORM
DEPARTMENT: Road & Bridge
MEETING DATE: August 25, 2015
SUBJECT: Temporary Utility Permit — FWP Holdings, LLC
Consider and take action on the FWP Holdings, LLC utility permit to install temporary
10" polyurethane (flat hose) water line within and along the right-of-way of Old Bundick
Crossing and Old Bundick Road a total distance of 7,500 feet. Project will provide water
to oil well. Site is located in Precinct 2.
SUBMITTED BY:
Darrell W. Kolwes
Right of Way Agent
APPROVED BY:
This request is /APPROVED/yCommissioners' Court
Duane Peters, County Judge
DATE: 751 as) 6
Vol.g._$ -
APPLICATION FOR WATER UTILITY PERMIT
DESIGNATING PLACEMENT OF UTILITY IN COUNTY RIGHT OF WAY
TO: THE COUNTY ENGINEER OF BRAZOS COUNTY, TEXAS
Pursuant to the Texas Utility Code, Section 181.024, comes now FWP Holdings, LLC
[company name], hereinafter referred to as "Company" a Texas
[state] Corporation, with authority to transact business in Texas, acting by and through its duly authorized
representative, and hereby petitions the County Engineer for the right to lay, construct, maintain, repair and/or operate
a gas facility under, over, across and/or along certain County Roads as shown on drawings and diagrams attached
hereto and said location described as follows:
Facility to Cross Road
Length of TYPE OF CONSTRUCTION
Road Name & Block Number Crossing CHECK ONE
Bored Jacked Driven Cased
Rosier Road 24 feet
Facility to Parallel County Road Within Right -Of -Way
Road Name and Block
Number From
To Depth
Distance
Old Bundick Crossing 30°55'37.94"N
30055'37.99"N On Surface
500 feet
96°l3'21.24"W
96013'24.34"W
Old Bundick Road 30°55'37.99"N
30°55'28.85"N On Surface
7,000 feet
96013'24.34"W
96°14'40.83"W
CONSTRUCTION TYPE
10" Diameter Wall Thickness PROJECT WILL LAY 10" POLYYURETHANE
Material Specification Polyurethane (Flat Hose)
Maximum Operation Pressure 400 PSI
WATER LINE IN RIGHT OF WAY FOR
APPROX. 15 DAYS.
The location and description of the proposed installation and appurtenances must be fully shown on the attached
detailed drawings.
The Company shall commence actual construction/work in good faith within 60 days from the date of said permit and
shall complete said construction /work within 15 working days. (COMPANY MUST FILL M. If such
construction is not begun by the 60ih day, Company will be required to apply for a new permit.
Company declares that prior to filing this application, it has ascertained the location of all existing utilities, both aerial
and underground, and the filing of this application is prima facie evidence that the proposed installation will not
conflict with any existing utility.
A copy of this permit shall be kept at thejob site any time work is being performed.
It is expressly stipulated that this Permit is a license for permissive use only and that the placing of facilities upon
public property pursuant to this permit shall not operate to create or vest any property right in said holder.
It is understood and agreed that the rights and privileges herein set out are granted only, to the extent of the County's
right, title and interest in the land to be entered upon and used by the holder and the holder will at all times assume risk
of and indemnify, defend and save harmless Brazos County from and against any and all loss, damages, cost or
expense arising in any manner on account of the exercise or attempted exercise by said holder of the aforesaid rights
and privileges.
Any deviation from these specifications must be approved by Brazos County Engineer's Office or its designated
representative.
Approval of County Engineer's Office may take as long as two weeks after complete application is received.
Applicant agrees to comply with all rules of the County Commissioners and the County Engineer in construction of
said installation attached hereto as BRAZOS COUNTY DESIGN STANDARDS AND SAFETY PRECAUTION
REQUIREMENTS FOR WORK CONDUCTED IN BRAZOS COUNTY RIGHTS OF WAY and incorporated
herein for reference.
In the event Company fails to obtain a permit prior to the installation or does not install utilities in compliance with
installation requirements set forth herein (Le. depth, location, etc), Company assumes all financial responsibility for
damages and/or destruction of lines, cables, etc. based upon its failure to comply with Brazos County requirements.
Applicant agrees that if Brazos County demonstrates a violation of the terms of this policy, Applicant stipulates that
requisites for injunctive relief exist and that Brazos County is entitled to relief enjoining any conduct by applicant
which is contrary to the policies.
This permit its a revocable permit. Brazos County reserves the right to revoke this permit at any time, in the sole
discretion of Brazos County, for interests of public health, safety or welfare, or for failure to repair any damages
upon demand, orfor any other reason deemed sujfkient by Brazos County.
In the event Company fails to comply with any or all of the requirements as set forth herein, the County may take
such action as it deems appropriate to compel compliance. The County Engineer further retains the right to revoke
this Permit by verbal notification to the Applicant/Company.
Failure to obtain this permit and/or not Jy the County Engineer's Office within 24 hours of beginning construction
shall constitute grounds for job shutdown.
By signing below, I certify that I am authorized to represent the Company listed below, and that the Company agrees
to the conditions/provisions included in this permit. p p q
F:�WP 4/.I,'.v UC Kim die �Cj %�a�7ur.p,�./
Company
By.
Signature V A
Title
/DZ6o tJt6{%e�wsi 2.1
Address
Nov s
City State Zip
—71"3. 47 9, 35 7 -7
Phone Num
b��(( //
cCit? WC's o ",JcSU'UIcP
Email:
APPROVAL
Brazos County offers no objection to the proposed location of the utility in the County right of way as shown
by accompanying drawings and notice dated 4 — aL6 ~ l S� except as noted below:
EXCEPTIONS:
(Vlonth/Day/Year)
�.- Brazos County Engineer
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BRAZOS COUNTY ROADWAY SAFETY AND ROAD
PRESERVATION STANDARDS FOR WORK CONDUCTED IN
BRAZOS COUNTY RIGHTS OF WAY
A. General Requirements
1. Adequate drainage shall be maintained in ditches at all times.
2. Permittee will use best management practices ("BMP") (EPA and TCEQ both provide lists of examples of
BMPs) to minimize erosion and sedimentation resulting from the proposed installation.
3. The permittee shall take precautions to avoid damage to property. All County Right of Way and property
shall be restored to its original condition, as far as practical, in the opinion of the County Engineer or
appointed representative.
4. The construction and maintenance of such utility shall not interfere with the property or rights of a prior
occupant.
5. Permittee shall not interfere with other utilities located in the right of way. In the event damages occur,
permittee will be liable to the County or other utilities running through the right of way.
6. County Engineer shall determine whether or not permittee's plans shall inconvenience the public. If it is
determined that inconvenience to the public exists, then the County Engineer will decide whether such
project will be allowed or if an alternative exists so as not to inconvenience the public.
B. Safety Requirements
1. Proper traffic control measures must be put in place prior to beginning work and remain in place during
the duration of the job. All traffic control measures must follow the Texas Manual of Uniform Traffic
Control Devices (TMUTCD). See Traffic Control Requirements below.
2. During construction, all safety regulations of the Texas Department of Transportation shall be observed.
3. Permittee must take such precautions and measures, including placing and displaying safety devices, as
may be necessary, in order to safely conduct the public through the project area. Company shall provide
flagmen, signs, signals or devices necessary to provide complete safety to the public.
4. Adequate provisions must be made to cause minimum inconveniences to traffic and adjacent property
owners.
5. No cable, conduit and/or pole line shall be laid, constructed, maintained and/or repaired so as to constitute
a danger or hazard of any kind to persons or vehicles using such road. Any poles placed in the Right of
Way for future installation shall be placed at the back of the Right of Way. Exceptions may be approved
by the County Engineer.
C. Trak Control Plan
1. A traffic control plan, pursuant to the TMUTCD or Engineered Traffic Control Plan must be provided
for the following:
a. Any construction (i.e. pit, excavation, hole) left open overnight, requires specific nighttime traffic
control measures pursuant to the TMUTCD;
vol. �� _ F'a.✓a5G
--J
b. If construction is within ten (10) feet of the roadway; or
c. Any work performed in the road right-of-way;
2. Plan must be attached to the permit and kept at the job site anytime work is being performed.
J. Plan must set forth the time of completion for the job.
D. Desirn Standards
1. All overhead installations shall conform to clearance standards of the Texas Department of Transportation
and the pole be placed in the designated area for power specified as set forth in the Texas Utilities Code,
Section 181.045.
2. All pole installation (including lighting) shall be placed at the backside of the Right of Way to ensure
safety to the public. Any pole placed in violation of this requirement will be required to be moved to the
appropriate location at the company's expense. Exceptions may be approved by the County Engineer.
3. All underground installations shall (these are minimum depths — utility may place deeper):
a. be placed at a minimum depth of forty-eight (48) inches below the top of the pavement;
b. be at least thirty-six (36) inches below ditch flow line when installation is within the area measured
from top of bank to top of bank;
c. be at least forty-eight (48) inches below ditch flow line if low pressure gas or petroleum lines. For
high pressure gas and petroleum lines, see High Pressure Pipelines requirements listed below;
d. not be closer than ten (10) feet from the edge of pavement. Exceptions may apply in rights of way of
less than 60 feet.
4. Water Lines: All water lines must be a minimum 36 -inches below the ditch flow line and cased.
Waterlines shall be cased if crossing under the roadway.
5. Utilities in all new developments that have 60 feet or greater of right of way shall be installed within
designated locations based upon the type of utility. The locations shall be as follows: (measured from
back of right-of-way).
Power—
0 to 2 feet, nominally V
Phone
-2 to 4 feet, nominally 3'
Gas —
4 to 6 feet, nominally 5'
Cable —
6 to 8 feet, nominally 7'
6. Utilities with less than 60 feet right-of-way in all new developments shall install the utility in a similar
manner as referenced in No. 3 above; however, the County Engineer or its designated representative will
provide final approval of each utility location.
7. The length of any trench to be opened in advance of the pipe, conduit or ducts may not be longer than 400'
if left open over night or unattended.
8. Crossings under a county road shall:
a. be bored or jacked. ABSOLUTELY NO OPEN CUTS WITHIN COUNTY ROAD PAVEMENT;
b. be pressure grouted for the full length of the crossing ijthe annular space between pipe and casing and
soil exceeds one (1) inch. Brazos County must be given 24 hours notice of pressure grouting
operations and have the opportunity to have an inspector on site to observe pressure grouting
operations; //
c. TxDOT Standard Specification Item 476 shall be followed for all boring, jacking, tunneling and joints.
9. Bore Pits:
a. no pits shall remain open longer than 2 days;
b. all pits shall have proper traffic control measures in place. See Traffic Control Plan listed above.
c. pits shall NOT be located within ten (10) feet from the edge of pavement without prior approval from
the County Engineer or his representative;
d. when pits are to remain open for more than 8 hours, due diligence will be used in protecting the spoil
pile to prevent drainage problems;
e. based upon soil conditions, the County Engineer or his representative may require shoring to protect
pavement integrity;
f. based upon soil conditions, the County Engineer or his representative may require pits be placed
further from the edge of road.
10. Any installation within ten (10) feet of edge of pavement shall meet the following:
a. location must be approved by the County Engineer or his representative
b. backfilled with cement stabilized material.
c. based upon soil conditions, the County Engineer or his representative may require shoring to
protect pavement integrity.
d. all excess water and mud shall be removed from the trench prior to backfilling. Any backfill placed
during a rainy period or at other times where excess water cannot be prevented from entering the
trench will be considered TEMPORARY and shall be replaced with PERMANENT cement stabilized
material as soon as weather permits;
e. all disturbed base and pavement materials shall be removed and restored to the satisfaction of the
County Engineer or his representatives.
f. no side or lateral tamping to fill voids under the base and pavement materials is allowed.
11. Company must be careful to notjeopardize the slope or integrity of the shoulder of the road. In the event
Company damages the slope, shoulder or any other portion of the right-of-way, Company will be
responsible for repairing the damage and replacing the right-of-way to the condition it was prior to
commencing construction.
12. Operation of construction and/or maintenance equipment on the traveled surface of any improved County
road will not be permitted, except in an instance whereby the laying, construction, maintenance and/or
repair of cables, conduits and/or pole lines cannot be accomplished by any other method and in this event
all such equipment shall be of the rubber tire variety. Appropriate traffic control shall be provided
meeting'1'MUfCD requirements.
13. In the event said construction and/or maintenance and/or repair requires Company to remove, cut or
jeopardize any section of the road (asphalt, cement, road base, etc.), Company will be required to provide
a performance bond or letter of credit securing necessary repairs. Said bond amount will be determined by
the County Engineer.
14. The applicant shall submit a letter of "No Objection' from the Army Corps of Engineers for all
designated wetlands and environmentally sensitive lands.
E. Emereencv work
1. In the event Company is required to perform emergency services, that requires excavation in a County
Right of Way, and unable to notify the County Engineer prior to conducting emergency repairs, Company
Vol. To'_�i pg � r!
shall notify County Engineer within 24 hours of beginning construction1repairs. This will allow the
County Engineer's Office an opportunity to inspect the site to ensure the integrity of the County Right of
Way and traffic safety controls used.
R Repairs to existing facilities
1. Maintenance and/or repair to existing cables, conduits, and/or pole lines which require disturbance of the
soil, shall not be performed until plans describing such maintenance and/or repair have been approved by
the County Engineer or its designated representative and a permit has been obtained.
G. Relocation of utilities
1. When and if the County Engineer determines that it is necessary for the construction, repair, improvement,
alteration or relocation of all or any portion of said road, any or all poles, wires, pipes, cables or other
facilities and appurtenances authorized hereunder, shall be removed from said road, or reset or relocated
thereon, as required by the County Engineer within a reasonable time as determined by the County
Engineer and Utility Company, and at the expense of the Utility Company.
H. High Pressure Pipelines
1. All utility Permits for high pressure pipelines (generally 60 PSI or greater), whether pertaining to
controlled access or non -controlled access installations, should contain the following additional
information in the description of the permit.
-diameter
-wall thickness
-material specification
-minimum yield strength
-maximum operation pressure of the pipeline
2. With the exception of the maximum operation pressure of the pipeline, this information is to be supplied
for both the carrier pipe and the casing.
3. Assurance must also be given that the installation material and design meet the minimum Federal Safety
Standards for Liquid and Gas Pipe Lines. Assurance must be provided on company letterhead and signed
by an authorized representative of the company.
4. Petroleum Pipelines:
Depth
Tvve of Pipeline (below deepest ditch grade) Special Requirements
Encased Pipe Less than 10' Must be covered with concrete pad at least 36" deep
Encased Pipe Greater than 10' No concrete pad required
Non -Cased Pipe Less than 10' Must be covered with concrete pad at least 48" deep
Non -Cased Pipe Greater than 10' No concrete pad required
Concrete pad shall be minimum of 3" thick and width shall be pipe diameter plus 18" minimum.
5. Under no circumstances will a pipeline be installed parallel to a County Road within the Right -of -
Way. Transmission lines have been determined to be petroleum pipelines (which includes natural
gas lines) and shall not be parallel to a County Road.
6. Natural Gas Distribution is a line that serves the final customer.
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BRAZOS COUNTY, TEXAS
BUDGET AMENDMENT(S) FOR THE 2014-2015 BUDGET YEAR
NO. 14/15 46.1-46.9
On this the 25th day of August 2015 at a regular meeting of the Commissioners' Court, the following
members were present:
A. Duane Peters, County Judge, Presiding
B. Lloyd Wassermann, Commissioner, Precinct 1
C. Sammy Catalena, Commissioner, Precinct 2
D. Kenny Mallard, Commissioner, Precinct 3
E. Irma Cauley, Commissioner, Precinct 4
F. Karen McQueen, County Clerk
The following proceedings were held:
TUAT WELREAS, on 25th day of August 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 25th day of August 2015.
THE COMMISSIONERS COURT OF BRAZOS COUNTY, TEXAS.
By:
Duane Peters, County Judge
Original: County Clerk's Office and
Attached to the original budget
Vol,
IN
BRAZOS COUNTY, TEXAS
BUDGET AMENDMENTS
No. 14/15.46.1
8/2 512 01 6
FUNDI DIV I ACCT PROJ DR/CR ACCOUNT NAME Increase Decrease
2400 24005000 60500000 CR Equipment & IT Enhancements 5,243.35
2400 24005300 60500000 UR Equipment & IT Enhancements 5,243.35
JP Technalo Fund and JP Pct, #3 Technology Fund
Reallocation of funds to the correct division for the telephone upgrade for Justice of the Peace, Pct. #3.
nnm�
iA0e8119/20161
BRAZOS COUNTY, TEXAS
BUDGET AMENDMENTS
No. 14115 - 46.2
8/25/2016
FUNDI DIV I
ACCT
PROJ I ORICR
ACCOUNT NAME Increase Decrease
2201 1 510003001
80281000
CR
Equipment - Electronic c 1,950.00
2201 51000300
80720000
DR
Security & Surveil, System 1,950.001
JP Securi Fund
Reallocation of fends to the correct
account for the secure
ty system upgrade for the Justice of the Peace, Pct. #3.
-."
n,m ,,—h]
�0 15,
Date': 811912016
Vol, Pg, -4//
BRAZOS COUNTY, TEXAS
BUDGET AMENDMENTS
No. 14/15 - 46.3
8/25/2016
FUND DIV I
ACCT
PROJ I DR/CR ACCOUNT NAME Increase Decrease
0100 31050000
61501000
CR Travel 900.00
0100 31050000
71520000
CR Rental - Vehicles 400.00
0100 31050000
61110000
DR Conference & Seminar Fees 1,300.00
i
Juvenile Title IV -E
Reallocation of funds
to the correct
account to cover for Probation Officer training.
I nnml
_8119/2D1�
BRAZOS COUNTY, TEXAS
BUDGET AMENDMENTS
No. 14/15 - 46.4
8/25/2016
FUNDI DIV I ACCT PROJ I DR/CR ACCOUNT NAME Increase Decrease
01001 11001500 1 61130000 CR Contingency 44,217.50
0100 14000200 60211000 DR Software - No Tag 44,217.50
General Fund Contingency and IT Services
Reallocation of funds to the correct account to urchase 50 additional laserfiche licenses.
nr
-09/2014Dte n
BRAZOS COUNTY, TEXAS
BUDGET AMENDMENTS
No. 14/15 -46.5
6/25/2016
FUNDI DIV I ACCT PROJ I DR/CR ACCOUNT NAME Increase Decrease
4500 1 63000500 1 80890000 CR Vehicles 646.15
4500 63000500 80892820 DR Vehicles - Jail 646.15
General Ca ital Im rovement Fund - Jail
Reallocation of funds to the correct account for vehicle e ui ment.
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_.8/19/2QT5f
:partment_ApEro al „ _ _ _. Date
w (,
�untq_JiidgeAppro,.wal --=t' �.u......_-,......:......._-Date
4ir n
;Date 8/1,9/20i
BRAZOS COUNTY, TEXAS
BUDGET AMENDMENTS
No. 14/15 - 46.6
8/25/2016
FUND DIV ACCT PROJ
DRICRI ACCOUNT NAME Increase Decrease
4500 63000500 60500000
CR Equipment & IT Enhancements 31.50
4500 63000500 80211000
DR Compute Software 31.50
General Capital Improvement Fund -Jail
Reallocation of funds to the correct account for
the Guardian RFID project.
4ir n
;Date 8/1,9/20i
0100
of
nnm
(Date o-$720/201
BRAZOS COUNTY, TEXAS
BUDGET AMENDMENTS
No. 14115-46.7
PROJ I DR/CR
pg. //
BRAZOS COUNTY, TEXAS
BUDGET AMENDMENTS
No. 14/15. 46.8
8/25/2016
FUNDI DIV I ACCT PROJ I DR/CRJ ACCOUNT NAME Increase Decrease
01001 14000200 1 60500000 CR Equipment & IT Enhancement 232.00
0100 14000200 65540000 DR Copier/Printer/Fax Maint. 232.00
IT Services
Reallocation of funds to the correct account to urchase printer repair parts.
Date �> ,,,v��'812072d15�
- _ Pg, `i7
BRAZOS COUNTY, TEXAS
BUDGET AMENDMENTS
No. 14/15 - 46.9
8/25/2016
FUNDI DIV I ACCT PROJ I DR/CR ACCOUNT NAME Increase Decrease
0100 24200100 61110000 CR Conference & Seminar Fees 150.97
0100 24200100 67203000 DR Minor Computer Hardware 150.97
Justice of the Peace, Pct. 42
Reallocation of funds to the correct account to urchase a docking station for surface pro.
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UDate_z_ '-8/20/2015
PERSONNEL
CHANGE OF STATUS REQUESTS
Commissioner Court Date: August 25, 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
Brazos Center Brown, Matthew Position Change
Sierra, Eric Resignation
County Attorney
Barnes, Kevin
Budgeted Increase
District Clerk
Higgins, Makayla
Pluhar, Logan
Warren, Jordyn
New Hire
Resignation
Transfer w/in Dept.
Emergency Management
Martin, Christopher
New Hire
Exposition Complex
Mokry, Nicholas
Reinstated Employee
Juvenile Services — Detention
Reyes-Huerta, Diana
Transfer to Another
Department
Road and Bridge
Banerji, Prarthana
New Hire
Tax Office
Gooden, Catrina
Termination
Approved in Commissioners'
County Judge's or Commissioner's Signature: -�
(This Copy to be attached to minutes)
FVOI.'� SL Pg, �%
e __. —
§ COUNTY OF BRAZOS
§ STATE OF TEXAS
COMMISSIONERS COURTS: DELIBERATION REGARDING CONTRACT BEING
NEGOTIATED WITH THE COUNCIL OF GOVERNMENTS; CLOSED MEETING.
The Commissioners Court ("Court") has proposed to deliberate the negotiation of a bid
for contract related to construction on County property pursuant to Local Government
Code Chapter 262.030(c) in closed session. The Court wishes to deliberate the
business and financial issues of the proposed contract.
Texas Government Code §551.0725 provides that the Court may deliberate the
business and financial issues of this contract in closed session if, before conducting the
closed meeting:
(1) the Court votes unanimously that deliberation in an open meeting would have a
detrimental effect on the position of the Court in negotiations with a third person; and
(2) the attorney advising the commissioners court issues a written determination that
deliberation in an open meeting would have a detrimental effect on the position of the
commissioners court in negotiations with a third person.
(b) Notwithstanding Section 551.103(a), Government Code, the commissioners court
must make a tape recording of the proceedings of a closed meeting to deliberate the
information.
It is my determination that deliberation in an open meeting would have a detrimental
effect on the position of the Court in negotiations with a third person.
Bill Ballard
Assistant County Attorney
Date: 08/25/15
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