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HomeMy WebLinkAbout2016-07-26 10:00AM REGULAR MEETINGBRAZOS COUNTY BRYAN, TEXAS NOTICE OF MEETING AND AGENDA BRAZOS COUNTY COMMISSIONERS COURT THE COMMISSIONERS COURT OF BRAZOS COUNTY WILL MEET IN REGULAR SESSION ON JULY 26, 2016 AT 10:00 AM IN THE COMMISSIONERS COURTROOM OF THE COUNTY ADMINISTRATION BUILDING, 200 SOUTH TEXAS AVE., SUITE 106, BRYAN, TX 77803 Invocation and Pledge of Allegiance - U.S. and Texas Flag - Chaplain G.H. Jones and Commissioner Wassermann 2. Call for Citizen input and/or concerns Consider and take action on agenda items 3-22: 3. Re -appointment of the following to the Brazos Valley Council of Governments Board of Directors: • a. Duane Peters; Term of Appointment 10/1/2016 - 9/30/2018 • b. Irma Cauley; Term of Appointment 10/1/2016 - 9/30/2018 4. Nomination of Duane Peters for BVCOG Board Officer in the position as secretary. 5. Request for Out of State Travel for Tom Quarles, General Manager and Jacqueline Foster to attend American Brahman Breeders Association Membership Convention in Shreveport, La. Dates of Travel will be August 18-20, 2016. 6. Approval of the following Job Descriptions: • a. Clerk I (Class Code 0166) for Elections Administrator • b. Clerk I I I (Class Code 0164) for Elections Administrator 7. Request from Constable Pct. #4 to replace Patrol Unit #806 with a V8 Charger in FY 16. 8. Payment Authorization to the Best Western Premier in the amount of $1865.68 for hotel stays for witnesses; the amount of invoice exceeded purchase order. 9. Indigent Care Affiliation Agreement between Brazos County and Catholic Health Initiatives Hospitals. 10. Indigent Care Affiliation Agreement between Brazos County and Baylor Scott & White vol: Hospitals. 11. Indigent Care Affiliation Agreement between Brazos County and Community Health Systems Hospitals. 12. Approval of Contract #17-014 Preventative Maintenance Agreement with Cummins Allison for two JetScan iFX machines at the Tax Office. 13. Renewal of Contract for Collection of Delinquent Property Taxes with McCreary, Veselka, Bragg and Allen, P.C. 14. Acknowledgement of petition received from residents of Precinct 1 requesting new road in Precinct 1 from Chaco Canyon Drive to State Highway 6. 15. Acceptance of donation of 6.599 acres of land for new road in Precinct 1, Brazos County, Texas. 16. Approval of Order No. 16-006 approval of Order No. 16-006 Authorizing a New Public Road in Brazos County, Texas be Laid Out and Opened, Precinct 1, Brazos County, Texas. 17. Tax Refund Applications for the following: • a. Anthony & Sherry Perry -overpayment -$610.14 • b. Mary Lou Saxon -overpayment -$21.60 • c. Bank of America -overpayment -$32.55 • d. Expandable LLC -overpayment -$98.29 18. Budget Amendments. Budget Amendments FY 15/16 43.1 -43.6 19. Personnel Change of Status. Personnel Action Forms 20. Payment of Claims. 21. Convene into Executive Session pursuant to Texas Government Code Section 551.072 to discuss real property. 22. Consider and possible action Executive Session. 23. Acknowledgement of the updated Grant Application Procedures and Grant Application Approval Form from the Auditor's Office. 24. Acknowledgement of the Compliance of Continuing Education for the period of August 1, 2015 through July 31, 2016 for Kristeen Roe, Tax Assessor/Collector. 25. Sheriffs report on inmate population. 26. Announcement of interest items and possible future agenda topics. 27. Call for Citizen input and/or concerns 28. Adjourn. Fvo7,;?-17 Pg, 973 PUBLIC COMMENTS Public Comment during the Commission Meeting may be for all matters, both on and off the agenda, and be limited to four minutes per person. Persons are invited to submit comments in writing on the agenda items and/or attend and make comment at the Commission meeting. Members of the public are reminded that the Brazos County Commissioners Court is a Constitutional Court, with both judicial and legislative powers, created under Article V, Section 1 and Section 18 of the Texas Constitution. As a Constitutional Court, the Brazos County Commissioners Court also possesses the power to issue a Contempt of Court Citation under Section 81.024 of the Texas Local Government Code. Accordingly, members of the public in attendance at any Regular, Special and/or Emergency meeting of the Court shall conduct themselves with proper respect and decorum in speaking to, and/or addressing the Court; in participating in public discussions before the Court; and in all actions in the presence of the Court. Those members of the public who are Inappropriately attired and/or who do not conduct themselves in an orderly and appropriate manner will be ordered to leave the meeting. Refusal to abide by the Court's Order and/or continued disruption of the meeting may result in a Contempt of Court Citation. ft is not the intention of the Brazos County Commissioners Court to provide a public forum for the demeaning of any individual or group. Neither is it the intention of the Court to allow a member (or members) of the public to insult the honesty and/or integrity of the Court, as a body, or any member or members of the Court, or County employees, individually or collectively. Accordingly, profane, insulting or threatening language directed toward the Court and/or any person in the Court's presence and/or racial, ethnic or gender slurs or epithets Will not be tolerated. Violation of these rules may result in the following sanctions: 1. cancellation of a speaker's time; 2. removal from the Commissioners Court; 3. a Contempt Citation; and/or 4. such other and/or criminal sanctions as may be authorized under the Constitution, Statutes and Codes of the State of Texas. The County Commissioners Court can deliberate or take action only if a matter has been listed on an agenda properly posted prior to the meeting. During the public comment period, speakers may address matters not listed on the published agenda. The Open Meeting Law does not expressly prohibit responses to public comments by the Commissioners Court. Flowever, 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 Comrrissioners may choose not to respond to public comments, except to correct factual inaccuracies, recite ebsting policy in response to an inquiry or to ask that a matter be listed on a future agenda. See Texas Open Meetings Act Section 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. Flandicap 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. 3 7 pg. 9551 MINUTES JULY 26, 2016 BRAZOS COUNTY COMMISSIONERS COURT REGULAR MEETING 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, July 26, 2016 with the following members of the Court present: Duane Peters, County Judge, Presiding; Lloyd Wassermann, Commissioner of Precinct 1; Sammy Catalena, Commissioner of Precinct 2; Kenny Mallard, Commissioner of Precinct 3; Irma Cauley, Commissioner of Precinct 4; Karen McQueen, County Clerk, Absent. The attached sheets contain the names of the citizens and officials that were in attendance. Invocation and Pledge of Allegiance - U.S. and Texas Flag - Chaplain G.H. Jones and Commissioner Wassermann Call for Citizen input and/or concerns There was no citizen's input. Consider and take action on agenda items 3-22: 3. Re -appointment of the following to the Brazos Valley Council of Governments Board of Directors: • a. Duane Peters; Term of Appointment 10/1 /2016 - 9/30/2018 Vol. o< P9.CZ /`✓� • b. Irma Cauley; Term of Appointment 10/1/2016 - 9/30/2018 Motion: Approve, Moved by Commissioner Sammy Catalena, Seconded by Commissioner LLoyd Wassermann. Passed. 5-0. Ayes: Catalena, Cauley, Mallard, Peters, Wassermann. Nomination of Duane Peters for BVCOG Board Officer in the position as secretary. Motion: Approve, Moved by Commissioner Sammy Catalena, Seconded by Commissioner Irma Cauley. Passed. 5-0. Ayes: Catalena, Cauley, Mallard, Peters, Wassermann. Request for Out of State Travel for Tom Quarles, General Manager and Jacqueline Foster to attend American Brahman Breeders Association Membership Convention in Shreveport, La. Dates of Travel will be August 18-20, 2016. Motion: Approve, Moved by Commissioner Kenny Mallard, Seconded by Commissioner LLoyd Wassermann. Passed. 5-0. Ayes: Catalena, Cauley, Mallard, Peters, Wassermann. 6. Approval of the following Job Descriptions: • a. Clerk I (Class Code 0166) for Elections Administrator • b. Clerk III (Class Code 0164) for Elections Administrator A copy of the job descriptions is attached. Motion: Approve, Moved by Commissioner Sammy Catalena, Seconded by Commissioner Kenny Mallard. Passed. 5-0. Ayes: Catalena, Cauley, Mallard, Peters, Wassermann. Request from Constable Pct. #4 to replace Patrol Unit #806 with a V8 Charger in FY 16. Motion: Approve, Moved by Commissioner Irma Cauley, Seconded by Commissioner Kenny Mallard. Passed. 5-0. Ayes: Catalena, Cauley, Mallard, Peters, Wassermann. 8. Payment Authorization to the Best Western Premier in the amount of $1865.68 for hotel stays for witnesses; the amount of invoice exceeded purchase order. This payment authorization was requested by the District Attorney office. Motion: Approve, Moved by Commissioner Sammy Catalena, Seconded by Commissioner Irma Cauley. Passed. 5-0. Ayes: Catalena, Cauley, Mallard, Peters, Wassermann. 9. Indigent Care Affiliation Agreement between Brazos County and Catholic Health Vol.o� Pg.��b Initiatives Hospitals. A copy of the agreement is attached. Motion: Approve, Moved by Commissioner Irma Cauley, Seconded by Commissioner Kenny Mallard. Passed. 5-0. Ayes: Catalena, Cauley, Mallard, Peters, Wassermann. 10. Indigent Care Affiliation Agreement between Brazos County and Baylor Scott & White Hospitals. A copy of the agreement is attached. Motion: Approve, Moved by Commissioner LLoyd Wassermann, Seconded by Commissioner Irma Cauley. Passed. 5-0. Ayes: Catalena, Cauley, Mallard, Peters, Wassermann. 11. Indigent Care Affiliation Agreement between Brazos County and Community Health Systems Hospitals. A copy of the agreement is attached. Motion: Approve, Moved by Commissioner Sammy Catalena, Seconded by Commissioner Irma Cauley. Passed. 5-0. Ayes: Catalena, Cauley, Mallard, Peters, Wassermann. 12. Approval of Contract #17-014 Preventative Maintenance Agreement with Cummins Allison for two JetScan FX machines at the Tax Office. A copy of the preventative maintenance contract is attached. Motion: Approve, Moved by Commissioner Sammy Catalena, Seconded by Commissioner Kenny Mallard. Passed. 5-0. Ayes: Catalena, Cauley, Mallard, Peters, Wassermann. 13. Renewal of Contract for Collection of Delinquent Property Taxes with McCreary, Veselka, Bragg and Allen, P.C. A copy of the renewal of contract is attached. Motion: Approve, Moved by Commissioner Sammy Catalena, Seconded by Commissioner Irma Cauley. Passed. 5-0. Ayes: Catalena, Cauley, Mallard, Peters, Wassermann. 14. Acknowledgement of petition received from residents of Precinct 1 requesting new road in Precinct 1 from Chaco Canyon Drive to State Highway 6. The Court acknowledged the receipt of a petition from residents in Precinct 1 requesting a new road. Judge Peters noted that this will extend Mesa Verde Drive to State Highway 6 South. A copy of the petition is attached. 15. Acceptance of donation of 6.599 acres of land for new road in Precinct 1, Brazos County, Texas. Vol. � �� Pg. �� A copy is attached. Motion: Approve, Moved by Commissioner Lloyd Wassermann, Seconded by Commissioner Irma Cauley. Other. 5-0. Ayes: Catalena, Cauley, Mallard, Peters, Wassermann. 16. Approval of Order No. 16-006 approval of Order No. 16-006 Authorizing a New Public Road in Brazos County, Texas be Laid Out and Opened, Precinct 1, Brazos County, Texas. The Court voted unanimously to approve Order 16-006 authorizing a new public road to be opened in Precinct 1 of Brazos County. A copy of the order is attached. Motion: Approve, Moved by Commissioner Lloyd Wassermann, Seconded by Commissioner Sammy Catalena. Passed. 5-0. Ayes: Catalena, Cauley, Mallard, Peters, Wassermann. 17. Tax Refund Applications for the following: • a. Anthony & Sherry Perry -overpayment -$610.14 • b. Mary Lou Saxon -overpayment -$21.60 • c. Bank of America -overpayment -$32.55 • d. Expandable LLC -overpayment -$98.29 Motion: Approve, Moved by Commissioner Sammy Catalena, Seconded by Commissioner Irma Cauley. Other. 5-0. Ayes: Catalena, Cauley, Mallard, Peters, Wassermann. 18. Budget Amendments. Budget Amendments FY 15/16 43.1 -43.6 43.1 Reallocate funds for Juvenile Services. 43.2 Reallocate funds for Juvenile Services. 43.3 Reallocate funds for Juvenile Detention. 43.4 Transfer funds from General Fund Contingency to Court Support - Civil. 43.5 Reallocate funds for Information Technology Services. 43.6 Reallocate funds for Information Technology Services. Motion: Approve, Moved by Commissioner Sammy Catalena, Seconded by Commissioner -Loyd Wassermann. Passed. 5-0. Ayes: Catalena, Cauley, Mallard, Peters, Wassermann. 19. Personnel Change of Status. Personnel Action Forms A copy of the Personnel Change of Status requests is attached. Fol. pg. '�FZ Motion: Approve, Moved by Commissioner Irma Cauley, Seconded by Commissioner Kenny Mallard. Passed. 5-0. Ayes: Catalena, Cauley, Mallard, Peters, Wassermann. 20. Payment of Claims. Claims 7146537-7146812 Motion: Approve, Moved by Commissioner Sammy Catalena, Seconded by Commissioner Lloyd Wassermann. Passed. 5-0. Ayes: Catalena, Cauley, Mallard, Peters, Wassermann. 21. Convene into Executive Session pursuant to Texas Government Code Section 551.072 to discuss real property. At this point, the County Judge announced the Court would consider items 23 through 27 then return to convene into Executive Session. Having considered the previously noted agenda items, at 10:11 a.m. the County Judge stated that the Court would convene into Executive Session to deliberate pursuant to Texas Government Code 551.072 as stated above. The following individuals were asked to stay for the meeting: Candy Gallego, Executive Assistant Bill Ballard, Civil Counsel Kendra Suhling, Civil Counsel Charles Wendt, Purchasing Agent 22. Consider and possible action Executive Session. At 10:33 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. 23. Acknowledgement of the updated Grant Application Procedures and Grant Application Approval Form from the Auditor's Office. The Court acknowledged receipt of the updated Grant Application Procedures and Grant Application Approval Form from the Auditor's Office. A copy is attached. 24. Acknowledgement of the Compliance of Continuing Education for the period of August 1, 2015 through July 31, 2016 for Kristeen Roe, Tax Assessor/Collector. The Court acknowledged receipt of the Compliance of Continuing Education from Kristeen Roe, Tax Assessor/Collector. 25. Sheriff's report on inmate population. Wayne Dicky, Jail Administrator stated there were 631 inmates in jail, 61 have electronic monitors and 21 are pending for monitors. Vol. Pg. 26. Announcement of interest items and possible future agenda topics. Judge Peters announced that next week's Commissioners' Court meeting will be held on Monday, August 1, 2016 instead of Tuesday, August 2, 2016. 27. Call for Citizen input and/or concerns Civil Counsel Bill Ballard announced that the Texas Department of Licensing and Regulation will host a Vehicle Storage Facilities seminar for law enforcement personnel on August 18, 2016 at 9:00 a.m. 28. Adjourn. Vol. -j % Pg Q� L— The foregoing minutes of the Commissioners Court meeting held July 26, 2016 have been examined and are approved in open Court this 1A day of I� 2016, in Bryan, Brazos County, Texas. 4L, L, �iuGK-Ni/ Duane Peters Lloyd Wassermarm County Judge Attest: Karen McQueen County Clerk Commissioner, Precinct 1 Kenny Mallar Commissioner,—Precinct 3 Vol. _ a 3� Pg._ O7 P2 I Of BR1A OS COUNTY COMMISSIONER'S COURT DAY O i0 00 � Name 20 (v Organization (PARSE PRLNTT) _ —17A2c,q, f B CO (AM 1 c� d -o5 . Voi.-Af7 BRAZOSCOUNTY COM- WSSIONER'S COURT 2�-DAY OF G , 20 I i�.�� Name (PLEASE PRDvTT) Organization (PLEASE PRINT) , % �owrr COMMISSIONER COURT MINUTES OF JULY 26, 2016 ARE CONTINUED IN VOLUME 238 PAGE 1 Vol. _o 3 % pg,_ 30 Sl COMMISSIONER COURT MINUTES OF JULY 26, 2016 ARE CONTINUED FROM VOLUME 237 vol. ___,3 _ Pg. k P 0 ^ Brazos County Template Revision 1.208!15(2012 Job Description Last Updated: Class Number: 0166 Title: Clerk I Pay Group: 10 Department: Elections Administrator FLSA Status: Non Exempt Reports To: Election Administrator Approved Date: EEOC Category: Office and Clerical General Summary: Performs a variety of clerical duties for the Elections Administrator Office. Essential Duties: Other duties may be assigned. Performs general clerical duties as required, including fling, scanning, indexing, recording information, and making copies. Processes voter registration applications, including reviewing applications, entering valid applicants in computer, printing and mailing voter certificates and notices of incomplete applications and suspense notifications. Provides voter registration applications and information to public. Updates voter information including name and address changes, deletion of voters no longer eligible, and processes and tracks convicted felons for voting and jury wheel purposes. Works to provide the most accurate information for election processes in Brazos County. Assists with documentation of volunteer deputy voter registrars and tracks and documents assigned inventory. Must maintain current knowledge of the Texas Election Code as it affects Voter Registration processes. Assists with preparation of electronic poll book equipment for each election cycle. Other Duties as assigned. 1% Supervision Received: This is a non -supervisory position. Given: Education Required: High school graduation or its equivalent, plus at least six months of office experience, or any equivalent combination of education and experience which provides the required knowledge, skills, and abilities. Preferred: Experience Required: To perform this job successfully, and individual must be able to perform each essential duty satisfactorily. The requirements listed below are representative of the knowledge, skill, and/or ability required. Reasonable accommodations may be made to enable individuals with disabilities to perform the essential functions. Preferred: Physical Demands Typical: The physical demands described here are representative of those that must be met by an employee to successfully perform the essential functions of this job. Reasonable accommodations may be made to enable individuals with disabilities to perform the essential functions. While performing the duties of this job, the employee is regularly required to sit; use hands to finger, handle, or feel; reach with hands and arms; bend and kneel; and talk and hear. The employee frequently is required to stand and walk. The employee must frequently lift and/or move objects weighing up to 25 pounds, such as books, slacks of records and poll book computer units. Specific vision abilities required by this job include close vision, distance vision, and ability to adiust focus Knowledge, Skills, & Abilities Typical: Standard office practices and procedures, including handling cash and making change. Operate computers and standard office equipment; read and understand manuals, journals, policies and procedures, and office memos; write form letters, memos, and accurate telephone messages; perform basic mathematical calculations, including making change; communicate effectively, both orally and in writing; and maintain effective workin relationships with co-workers and the general public. Work Environment Typical: The work environment characteristics described here are representative of those an employee encounters while performing the essential functions of this job. Reasonable accommodations may be made to enable individuals with disabilities to perform the essential functions. The noise level in the work environment is usually moderate The employee is constantly required to work closely with others as a part of a team; to perform tedious, exacting work, and to switch from one task to another. The employee is frequently required to perform multiple tasks simultaneously, and to work under time pressures to meet deadlines. PRO 7 4�41Igo Duane Peters Date County Judge Vol. o�,l � P9-cj Brazos County Job Description Last Updated: Template Revision 1.2 0011 51201 2 Class Number: 0164 Title: Clerk III Pay Group: 12 Department: Elections Administrator FLSA Status: Non Exempt Reports To: Election Administrator Approved Date: IEEOC Category: Office and Clerical General Summary: Performs a variety of clerical and cashier duties for the Elections Administrator Office. Essential Duties: Other duties maybe assigned. Assists the public in person, by telephone, and by mail concerning department information, researching records, filling out forms, and resolving relevant problems, Performs general clerical duties as required, including fling, scanning, indexing, recording information, and making copies. _ Processes voter registration applications, including reviewing applications, entering valid applicants in computer, printing and mailing voter certificates and notices of incomplete applications and suspense notifications. Provides voter registration applications and information to public. Updates voter information including name and address changes, deletion of voters no longer eligible, and processes and tracks convicted felons for voting and jury wheel purposes. Works to provide the most accurate information for election processes in Brazos County. Assists with training and documentation of volunteer deputy voter registrars and tracks and documents assigned inventory. Must maintain current knowledge of the Texas Election Code as it affects Voter Registration processes. Assists with the programming and preparation of electronic poll book equipment for each election cycle. Assist election coordinator In training election workers. Must have knowledge of polling locations and ballots to assist the public. Other election related duties as assigned by the Elections Administrator or Elections Coordinator. Other Duties as assigned. 1% Supervision Received: This is a non -supervisory position. Given: Education Required: High school graduation or its equivalent, plus at least six months of office experience, or any equivalent combination of education and experience which provides the required knowledge, skills, and abilities. Preferred: Experience Required: To perform this job successfully, and individual must be able to perform each essential duty satisfactorily. The requirements listed below are representative of the knowledge, skill, and/or ability required. Reasonable accommodations may be made to enable individuals with disabilities to perform the essential functions. Preferred: Vol. oi3 �.— Physical Demands Typical: The physical demands described here are representative of those that must be mel by an employee to Typical: successfully perform the essential functions of this job. Reasonable accommodations may be made to enable individuals with disabilities to perform the essential functions. While performing the duties of this job, the employee is regularly required to sit; use hands to finger, handle, or feel; reach with hands and arms; bend and kneel; and talk and hear. The employee frequently Is required to stand and walk. The employee must frequently lift andlor move objects weighing up to 25 pounds, such as books, stacks of records and poll book computer units. Specific vision abilities required by this job include close vision, distance vision, and ability to Knowledge, Skills, & Abilities The work environment characteristics described here are representative of those an employee encounters Typical: Standard office practices and procedures, including handling cash and making change. Operate computers and standard office equipment; read and understand manuals, journals, policies and procedures, and office memos; write forth letters, memos, and accurate telephone messages; perform basic mathematical calculations, including making change; communicate effectively, both orally and in writing; and maintain effective working relationships with co-workers and the general public. Work Environment Typical: The work environment characteristics described here are representative of those an employee encounters while performing the essential functions of this job. Reasonable accommodations maybe made to enable individuals with disabilities to perform the essential functions. The noise level in the work environment is usually moderate. The employee is constantly required to work closely with others as a part of a team; to perform tedious, exacting work, and to switch from one task to another. The employee Is frequently required to perform multiple tasks simultaneously, and to work under time pressures to meet deadlines. D (17 buane ]Pelee® Date County Judge F0 -1- 02f Jq� - Pg. I STATE oF''rEXAs COUNTY OF BRAZOS djX INDIGENT CARE AFFILIATION AGREESIENT BETWEEN BRAZOS COUNTY AND CATHOLIC HEALTH INITIATIVES HOSPITALS This INDIGENT CARE AFFILIATION AGREEMENT (the Agreement) is entered between BRAZOS COUNTY, a political subdivision of the State of Texas whose county seat is located at 300 E. 26'h St., Aryan, Texas (the County or Governmental Entity), and ST. LUKE'S HEALTH SYSTEM CORPORATION, MEMORIAL HEALTH SYSTEM OF EAST TEXAS, AND ST. JOSEPH SERVICES CORPORATION and their affiliated hospitals attached herein to Exhibit 1, which are all affiliates of Catholic Health Initiatives. All hospitals listed in Exhibit I are organized and licensed under the laws of the State of Texas and their principal offices are provided. Any reference to an Affiliated Hospital in this agreement refers to every hospital listed in Exhibit 1. The County and the Affiliated Hospital may be referred to individually in this Agreement as a Party or collectively as the Parties_ 1'AiCle I. BACKGROUND AND PURPOSE Section 1.01 The Parties' responsibility to provide Indigent Care. (a) The County bears primary responsibility under Texas law to provide health care for indigent persons who reside in the county. The financial responsibility for such care principally is borne by the taxpayers of die County. (b) As a safety-nG hospital, a core mission of Affiliated Hospital is to provide health care services to the. needy residents of the community, including persons who are eligible for indigent care from the County. (c) Both the County and Affiliated I lospital have a statutory and/or fiduciary duty to pursue public and private sources of payment for are, including payment through the Texas Medicaid program. Section 1.02 Inadequacy ofslate funding and insurance for the needy. (a) The State of Texas historically has reimbursed healthcare services famished through the Texas Medicaid program at levels that are inadequate to cover the costs of health care providers, including Affiliated Hospital. Additionally, the State has elected not to expand Medicaid eligibility under the Affordable Care Act. (b) Neither the County nor Affiliated Hospital dispute these actions and in fact recognize the important state policies that these decisions represent. However, both the Pg. 4 County and Affiliated Hospital acknowledge that these actions have had and will continue to have several effects: (1) The number of County residents who are unable to pay for primary and emergency healthcare has risen and will continue to rise for the foreseeable future; (2) A significant ntmtber of these residents are eligible for indigent. care services from the County; (3) These residents typically obtain their primary healthcare through hospital emergency room services, which the Parties recognize is costly, inefficient, and does not promote good public health outcomes or effective primary or preventive healthcare; and (4) The lack of insurance and adequately funded stale programs has increased demand on the County's indigent care program and the amount of uncompensated care for Affiliated Hospital. (5) These factors place the financial burden for indigent care largely on the County taxpayers and the local community. Section 1.03 The Parties therefore agree that, without an effective source of revenue to support services to the indigent and needy of the County, the financial burden for indigent care in the County will continue to rise, strain the County's and local communities' budgets, and ultimately threaten the availability of quality healthcare in the County. Medicaid Supplemental Hospital Payment Programs help address these challenges by allowing our local safety - net hospitals to access Tezas Wainer paymenty without increasing any taxes on local residents. (a) Medicaid is ajoint state and federal program established under Title XIX of the Social Security Act that provides healthcare primarily to children, pregnant women, the elderly, and persons with disabilities. Federal law requires the State to bear a portion of the cost of care to persons who are eligible for Medicaid. (b) Texas Medicaid also administers programs to support public and private hospitals that furnish a significant amount of uncompensated healthcare services to people who do not have the ability to pay for their healthcare. Affiliated Hospital traditionally has participated in these supplemental payment programs. (c) The State traditionally has required that local governments use local funds to supply the state's share of the Medicaid supplemental hospital payments. (1) This practice has favored counties with a hospital district, which assess property taxes to fund district operations. (2) Because the County does not have a hospital district, hospitals are not assured of receiving their fair share of such funding. A-2 Vol. oZ,jB pg._ -7— (d) The State also requires hospitnis and local governments that wish to participate in these programs to certify certain facts that demonstrate the parties' compliance with state and federal laws. The certifications for Affiliated Hospital and the County are attached to this Agreement as Exhibit 2. Section 1.04 Local Provider Participation Fund (a) The Texas Legislature, in recognition of the financial burden borne by the County and its taxpayers and the potential loss of available Medicaid handing to hospitals codified Chapter 296 of the Texas Health & Safety Code, which authorized the County to establish a local provider participation. fund (LPPF) to support the payment of Medicaid supplemental hospital payments to Affiliated Hospital and other eligible hospitals. (h) the LPPF relies on mandatory payments by institutional healthcare providers and does not add to the burden of the County's property taxpayers. Section 1:05 Purpose and Intent of the Parties (a) The Parties desire to ensure that the indigent residents of the County continue to have access to, and receive, quality healthcare services. (b) The Parties recognize that it is in their mutual best interests to access greater amounts of federal funding to help cover the costs of services to indigent persons and people who are eligible for Medicaid. The Parties also agree that another benefit of such additional funding is that all residents of the County will continue to have access to quality healthcare. (c) The County and Affiliated Hospital recognize that implementation of the LPPF will help achieve these benefits for all residents of the County. ACCORDINGLY, in view of their common obligations and interests, and to fulfill their statutory, fiduciary, charitable obligations to the residents and communities of the County, the Parties agree as follows: - - Article Il. INDIGENT CARE COLLABORATION Section 2.01 bnproving Access to IfeaUkeare for Indigent. The County and Affiliated Hospital will assess opportunities to improve access to healthcare for indigent persons residing in the community through participation in the Medicaid program including the Medicaid payments authorized by supplemental hospital payment programs, including the Texas Healthcare Transformation and Quality Improvement Program Section 1115 Waiver (rhe `Section 1115 Waiver'), the Disproportionate Share Hospital Program and their successors. Section 2.02 Implementation of the LPPF The County and Affiliated Hospitel will also cooperate to ensure the prompt, efficient, and accurate implementation of the LPPF in the County in a manner consistent with state and federal law. A-3 Vol. Section 2.03 Administration of the LPPF (a) The County and Affiliated I iospital agree that the County will retain discretion to determine: (3) The term and content of rules to govern the LPPF; and (4) The timing and amount of the mandatory payment to be paid by institutional healthcare providers, consistent with therequirements of state and federal law. (b) Except as provided in Section 2.04, the County also retains the discretion to apply the LPPF to uses authorized ander the law, including conducting intergovernmental transfers of funds to the Texas Health and Human Services Cotmttission. Section 2.04 No Implementation of Affordable Care Act Article IIL GENERAL PROVISIONS Section 3.01 Term and Termination. The term of this Agreement shall be one year from Effective Date and shall automatically continue thereafter for additional terms of one year unless the parties agree Otherwise; provided, however, that this Agreement shall terminate immediately upon written notice by either the Governmental Entity or the Affiliated Hospital to the other party. Section 3.02 Notices. All notices required or permitted hereunder shall be in writing and shall be sufficiently given and deemed to have been received upon personal delivery, by overnight carrier, by entail, or by United States mail, postage prepaid, registered or certified mail, addressed to the parties as follows: — -- - - Governmental Entity: -- -•- Affiliated Hospital: With copies to: 6624 Fannin, Suite 2510 County of Brazos - 200 South Texas Ave., Suite 332 Bryan, Texas 77803 Each hospital listed in Exhibit 1 to the addresses provided therein - CHI Texas Legal Services Amt: Regional General Counsel Houston, TX 77030 and: Charles Luband Dentons 1221 Avenue of the Americas A-4 New York, NY 10020 Section 3.03 Relationship BeAveen rhe Parties. The relationship hcttcecn the C'nenty and the Affiliatcd I lospital is solely a Contractual rclationShip hcim-cc[t independent contractors. No party hereto is an agent or entplovec of toy other party. Nothing in this Agreement shall prevent toy aftitiation or contracting by any party %vi+.h any third party, ivith the exception that no party map contract or aflilime with other party, to gain cnti0cment to Medicaid supplemental )xi) merits Pursuant to This Agreement. Section 3.04 Governing Law, 1'h is Agrcetincnt is governed by the lams of the State of Tcxas. Sectiwr 3.05 Assignment. No party time assign any right. obligation. or rosponsihility tinder this Agreement .except to a successor in interest. Section 3.06 rhirti parte Beneficiaries. The panics to this Agreement do not intend to eswilhsh anv third party hcncficiary rcLnionship by virtue of this Agreement. IN WITNESS WHEREOF. the Partics have cxecuicd this Agreement as of thu dote(,.) gCt rorth below. Bravoa Col iNl'Y - t, i SI'.Lt,hl-:'S' Iinl'1St'."1'I;n1 'C)RlOILit'K)u: BY: L Name: 4ichacl C'oVert litic: Presidnn!CGU b:ne: 71� l f A -S Vol. ?Z�8 _ Pg. /0 Address: 6624 Fannin St. Suite 1100 Houston, TX 77030 MEMORIAL HEALTH SYSTEM OF EAST TEXAS By. :;4 Name: Shawn Barnett Title: CPO Date: Address: 1201 W. Frank Ave Lufkin, TX ST. JOSEPH SERVICES COPRORATION 13 r Name: Rick Napper Tide: Market President/CEO Date: July 25, 2016 Address: 2801 Franciscan Dr. Bryan, TX 77802 A-6 Exhibit 1 :..NAME .." SYatYm ADDRESS CRY STATE LP Bra zosport Region of Health System CHI 100 Medical Drive 0, Lake Jackson TX 77566 . - CHI S[ Joseph Health Berl HospitalCHI :44 N. Cummings St. Bellvllle77418 TX - - CHI St. Joseph Health Burleson Hospital .. CMI 1101 Wootlson Drive Yaldwell TX 77413 CHI St Joseph Health Grimestlospital „-836 CHI .230 South Judson Navasota T% 77868 'CHI SC Joseph Health Madison Hospital.' CHI 100 West Cross Street'' " Madisonville TX' 77864 CHI St. Joseph Health Regional Hospital CHI . 2801 Franciscan' Drive Bryan TX _ 77802 - -':CHI St:Luke's Health.Hospitai at The Vintage- CHI 20171 ChasewoodPark. Drive Houston TX 77070 CHI St -Luke's Health Lakeside Hospital CHI 17400 St. Luke's Way, Conroe •TX 77384 .. -CHI St Luke's Health Memorial 'CHI' : 1201 West'Fran k Street LuFHn TX - 75904 ---- -":CHI St. Luke's Health Memorial Medical Center ' CHI 1201 West Frank Street Lufkin - T% 75904 ' CHI St.,Luke's Health Parents Medical Center � CHI 4600 E. Sam .Houston � ' . r - - - _ Parkway South. Pasadena TX' 77505 .CHI Si. Luke's 'Health Springvmads Village 'CHi_'2255E Mossy Oaks Road' Spring TX 77389 .CHI St- Luke's Health Sugar Land Hospital CHL', '1317 Lake Pointe Parkway .Sugar Land^- TX 77479 'CHI St Luke's Health The Woodlands' He pital CHI 17200 St. Luke's Way Conroe TX 77384 CHI St. Luke's Health/Baylor St. Luke's Medical - - tenter, _ CHI . 6.720 Bertner Avenue . 'Houston TX 77030' CHI St. Luke's Memorial Medical Livingston CHI. 1717 Hwy. S9 Bypass LivingstonT% 77351 CHI St Luke's Memorial Medical Center -Sam- - - Augushne - CHI 513E Hospital, Street San Augustine TX - 75972' . CHI SL Luke's Memorial Specialty HOspltal CHI 1201 West Frank. Lufkin' TX. 75904 i -. Exhibit 2 2.0 REPRESENTATIONS AND WARRANTIES 2.1 Affiliated Hospital Representations and Warranties. The Affiliated Rospital represents and warrants that: a. It is a Texas corporation or partnership, duly established and created pursuant to applicable law with all requisite power acrd authority to enter into this Agreement in all respects; b. There is no agreement to condition any amounts transferred by the Governmental Entity nor the amount of Medicaid payments received on the amount of indigent care the Affiliated Hospital has provided or will provide; c. There is no agreement to condition the amount of the Affiliated Hospital's indigent care obligation on the amount transferred by the Governmental Entity nor the amount of any Medicaid payment the Affiliated Hospital might receive; d. No escrow, trust, or other funding mechanism exists, the amount of which is conditioned or contingent on the amount of indigent care services provided or to be provided by the Affiliated Hospital; and that any escrow, trust or other funding mechanism utilized in connection with an anticipated intergovernmental transfer ("IGT") from the Governmental Entity has been disclosed to HHSC and is not used to effect it quid pro quo for the provision of indigent care services by or on behalf of the Affiliated Hospital; - e. The Affiliated Hospital will not return or refund any Medicaid payments - received to the Governmental Entity; f No part of any Medicaid payment received under the Section 1115 Waiver program will be used to pay a contingent fee, consulting fee, or legal fee associated with the Affiliated Hospital's receipt of payments under the Section 1 115 Waiver program. g. This Agreement has been duly and validly executed and delivered by the " Affiliated Hospital. 2.2 Governmental Entity Representations and Warranties The Governmental Entity represents and warrants that: a. It is a political subdivision of the State of Texas created tinder the aurhOrity of the Texas Constitution, ditty established and created with all requisite power and authority to enter into this Agreement in all respects; B-2 - Vol. _ �✓'� pg /� b. There is no agreement to condition the amount transferred by the Governmental Entity nor the amount of'Medicaid supplemental payments on the amount of indigent care the Affiliated Hospital have provided or will provide; C. There is no agreement to condition the amount of the Affiliated Hospital's indigent care obligation on the amount transferred by the Governmental Entity nor the amount of any Medicaid supplemental payment the Affiliated Hospital might receive; d. No escrow, trust, or other funding mechanism exists, the amount of which is conditioned or contingent on the amount of indigent care services provided or to be provided by the Affiliated Hospital; and that any escrow, trust or other funding mechanism utilized in connection with an anticipated intergovernmental transfer ("IGT") from the Governmental Entity has been disclosed to HHSC and is not used to effect a quid pro quo for the provision of indigent care services by or on behalf ofthe Affiliated Hospital; e. The Governmental Entity has not received and will not receive refunds of payments the Governmental Entity made or makes to the Affiliated Hospital for any purpose in consideration for an IGT by the Governmental Entity to fund Medicaid supplemental payments; f The execution, delivery, and performance by the Governmental Entity of this Agreement are within the Governmental Entity's powers, are not in contravention of any other instruments governing the Governmental Entity and have been duly authorized and approved by the Board of Directors of the Governmental Entity as and to the extent required by applicable law; g. This Agreement has been duly and validly executed by the Governmental Entity; h. The Governmental Entity has not received and has no agreement to receive any portion of any Medicaid payments made to Affiliated Hospital; i. The Governmental Entity has not entered into a contingent fee arrangement related to its participation in the Section 1115 Waiver program; The Governmental Entity is authorized to participate in the Section 1115 Waiver program pursuant to a vote of its governing body in a public meeting preceded by public notice published in accordance with its usual and customary practices or the Texas Open Meetings Act, as applicable; and k Notwithstanding anything in this Agreement to the contrary, any decision by the Governmental Entity to provide funding for the Medicaid program is at the sole discretion of the Governmental Entity, B-3 Vol. 02.381 pg._, ci— 3.0 OBLIGATIONS OF THE AFFILIATED HOSPITAL 3.1 Agreement to Collaborate with the Governmental Entity. The Affiliated Hospital agrees to work cooperatively with the Governmental Entity to improve access to health care for indigent persons. 3.2 Compliance with State and Federal Law. The Affiliated Hospital agrees to retain qualified professionals to ensure health care is provided in compliance with state and federal charity care laws, anti-trust laws, and any other applicable laws, and the Medicare and Medicaid programs. 4.0. OBLIGATIONS OF THE GOVERNMEN'T'AL ENTITY 4.1 Agreement to Cooperate with the Affiliated Hospital. The Governmental Entity agrees to work cooperatively with the Affiliated Hospital to improve access to health care for indigent persons. 4.2 No Condition on Medicaid Funding. 'lhe Governmental Entity agrees that it will not condition the amount to which it funds the non-federal share of Medicaid supplemental payments oo a specified or required minimum amount of prospective indigent care. 4.3 Retrospective Evaluation of Services. The. Governmental Entity may retrospectively evaluate the amount and impact of the Affiliated Hospital's indigent care delivery and can rely on such historical information in determining whether mid to what degree it will provide an IGT in the future. 4.4 Documents Publicly Available. The Governmental Entity agrees to make publicly available any doctnnentation utilized in connection with intergovernmental transfers of finds and any documentation executed by the Governmental Entity related to its participation in the Section 1115 Waiver, including this Agreement. 4.5 Use of Puhlic Funds. To the extent the Governmental Entity decides to provide funding for Medicaid supplemental payments, the Governmental Entity agrees to use public fiords for such funding. H-4 Vol. �.�� `Pg. /✓ STATE OF TEXAS COUNTY OF BRAzos 10 INDIGENT CARE AFFILIATION AGREEMENT BETWEEN BRAZOS COUNTY AND 13AYLOR SCOTT & WHITE HOSPITALS This INDIGENT CARE AFFILIATION AGREEMENT (the Agreement) is entered between BRAZOS COUNTY, a political subdivision of the State of Texas whose county seat is located at 300 E. 261 St., Bryan, Texas (the County or Governmental Entity), and hospitals attached herein to Exhibit 1, which are all affiliates of Baylor Scott & White Health. All hospitals listed in Exhibit 1 are organized and licensed under the laws of the State of Texas and their principal offices are provided. Any reference to an Affiliated Hospital in this agreement refers to every hospital listed in Exhibit 1. The County and the Affiliated Hospital may be referred to individually in this Agreement as a Parry or collectively as the Parties. Article I. BACKGROUND AND PURPOSE Section 1.01 The Parties' responsibility to provide Indigent Care. (a) The County bears primary responsibility under Texas law to provide health care for indigent persons who reside in the county. The financial responsibility for such care principally is borne by the taxpayers of the County. (b) As a safety -net hospital, a core mission of Affiliated Hospital is to provide health care services to the needy residents of the community, including persons who are eligible for indigent care from the County. (c) Both the County and Affiliated Hospital have a statutory and/or fiduciary duty to pursue public and private sources of payment for care, including payment through the Texas Medicaid program. Section 1.02 Inadequacy of state funding and insurance for the needy. (a) The State of Texas historically has reimbursed healthcare services furnished through the Texas Medicaid program at levels that are inadequate to cover the costs of health care providers, including Affiliated Hospital. Additionally, the State has elected not to expand Medicaid eligibility under the Affordable Care Act. (b) Neither the County nor Affiliated Hospital dispute these actions and in fact recognize the important state policies that these decisions represent. However, both the County and Affiliated Hospital acknowledge that these actions have had and will continue to have several effects: (1) The number of County residents who are unable to pay for primary and emergency healthcare has risen and will continue to rise for the foreseeable future; (2) A significant number of these residents are eligible for indigent care services from the County; (3) These residents typically obtain their primary healthcare through hospital emergency room services, which the Parties recognize is costly, inefficient, and does not promote good public health outcomes or effective primary or preventive healthcare; and (4) The lack of insurance and adequately funded state programs has increased demand on the County's indigent care program and the amount of uncompensated care for Affiliated Hospital. (5) These factors place the financial burden for indigent care largely on the County taxpayers and the local community. Section 1.03 The Parties therefore agree that, without an effective source of revenue to support services to the indigent and needy of the County, the financial burden for indigent care in the County will continue to rise, strain the County's and local communities' budgets, and ultimately threaten the availability of quality healthcare in the County. Medicaid Supplemental Hospital Payment Programs help address these challenges by allowing our local safety - net hospitals to access Texas Waiver payments without increasing any taxes on local residents. (a) Medicaid is a joint state and federal program established under Title XIX of the Social Security Act that provides healthcare primarily to children, pregnant women, the elderly, and persons with disabilities. Federal law requires the State to bear a portion of the cost of care to persons who are eligible for Medicaid. (b) Texas Medicaid also administers programs to support public and private hospitals that furnish a significant amount of uncompensated healthcare services to people who do not have the ability to pay for their healthcare. Affiliated Hospital traditionally has participated in these supplemental payment programs. (c) The State traditionally has required that local governments use local funds to supply the state's share of the Medicaid supplemental hospital payments. (1) This practice has favored counties with a hospital district, which assess property taxes to fund district operations. (2) Because the County does not have a hospital district, hospitals are not assured of receiving their fair share of such funding. (d) The State also requires hospitals and local governments that wish to participate in these programs to certify certain facts that demonstrate the parties' compliance with state and federal laws. The certifications for Affiliated Hospital and the County are attached to this Agreement as Exhibit 2. A-2 Vol. 0238 pg /1 Section 1. 04 Local Provider Participation Fund (a) The Texas Legislature, in recognition of the financial burden borne by the County and its taxpayers and the potential loss of available Medicaid funding to hospitals enacted Chapter 296 of the Texas Health & Safety Code, which authorized the County to establish a local provider participation fund (LPPF) to support the payment of Medicaid supplemental hospital payments to Affiliated Hospital and other eligible hospitals. (b) The LPPF relies on mandatory payments by institutional healthcare providers and does not add to the burden of the County's property taxpayers. Section 1.05 Purpose and Intent of the Parties (a) The Parties desire to ensure that the indigent residents of the County continue to have access to and receive quality healthcare services. (b) The Parties recognize that it is in their mutual best interests to access greater amounts of federal funding to help cover the costs of services to indigent persons and people who are eligible for Medicaid. The Parties also agree that another benefit of such additional funding is that all residents of the County will continue to have access to quality healthcare. (c) The County and Affiliated Hospital recognize that implementation of the LPPF will help achieve these benefits for all residents of the County. ACCORDINGLY, in view of their common obligations and interests, and to fulfill their statutory, fiduciary, charitable obligations to the residents and communities of the County, the Parties agree as follows: Article H. INDIGENT CARE COLLABORATION Section 2.01 Improving Access to Healthcare for Indigent. The County and Affiliated Hospital will assess opportunities to improve access to healthcare for indigent persons residing in the community through participation in the Medicaid program including the Medicaid payments authorized by supplemental hospital payment programs, including the Texas Healthcare Transformation and Quality Improvement Program Section 1115 Waiver (the "Section 1115 Waiver"), the Disproportionate Share Hospital Program and their successors. Section 2.02 Implementation of the LPPF The County and Affiliated Hospital will also cooperate to ensure the prompt, efficient, and accurate implementation of the LPPF in the County in a manner consistent with state and federal law. Section 2.03 Administration of the LPPF (a) The County and Affiliated hIospital agree that the County will retain discretion to determine: _ A-3 (1) The term and content of rules to govern the LPPF; and (2) The timing and amount of the mandatory payment to be paid by institutional healthcare providers, consistent with the requirements of state and federal law. (b) Except as provided in Section 2.04, the County also retains the discretion to apply the LPPF to uses authorized under the law, including conducting intergovernmental transfers of funds to the Texas Health and Human Services Commission. Section 2.04 No Implementation of Affordable Care Act Article III. GENERAL PROVISIONS Section 3.01 Term and Termination. The term of this Agreement shall be one year from Effective Date and shall automatically continue thereafter for additional terms of one year unless the parties agree otherwise; provided, however, that this Agreement shall terminate immediately upon written notice by either the Governmental Entity or the Affiliated Hospital to the other party. Section 3.02 Notices. All notices required or permitted hereunder shall be in writing and shall be sufficiently given and deemed to have been received upon personal delivery, by overnight carrier, by email, or by United States mail, postage prepaid, registered or certified mail, addressed to the parties as follows: Governmental Entity: County of Brazos 200 South Texas Ave., Suite 332 Bryan, Texas 77803 Affiliated Hospital: Each hospital listed in Exhibit 1 to the addresses provided therein. With copies to: Carlos Zaffirini Jr. Adelanto HealthCare Ventures, L.L.C. 401 W. 15�' Street, Suite 840 Austin, TX 78701 and: Charles Luband Dentons 1221 Avenue of the Americas New York, NY 10020 A 4— Vol. pg �_— Section 3.03 Relationship Between the Parties. The relationship between the County and the Affiliated Hospital is solely a contractual relationship between independent contractors. No party hereto is an agent or employee of any other party. Nothing in this Agreement shall prevent any affiliation or contracting by any party with any third party, with the exception that no party may contract or affiliate with other parry to gain entitlement to Medicaid supplemental payments pursuant to this Agreement. Section 3.04 Governing Law. This Agreement is governed by the laws of the State of Texas. Section 3.05 Assignment. No party may assign any right, obligation, or responsibility under this Agreement except to a successor in interest. Section 3.06 Third Party Beneficiaries. The parties to this Agreement do not intend to establish any third party beneficiary relationship by virtue of this Agreement. [SIGNATURES ON FOLLOWING PAGE] A-5 vol. A-3'-57 pg, o� IN WITNESS WHEREOF, the Parties have executed this Agreement as of the date(s) set forth below. Br os CO Y Scott & White Hospital - Brenham By: Baylor Scottt & White Health, as agent By: Date Fred Savelsbergh, Executive VP & CFO Date July 27, 2016 Scott & White Hospital - Llano By: Baylor Scott & r te Health, gs agent Fr d Savelsbergh, Executive VP & CFO Date July 27. 2016 Scott & White Hospital - Marble Falls By: 95for Scott & White Health, a agent n Fred Savelsbergh, Executive VP & CFO Date July 27, 2016 Scott & White Hospital - Round Rock By: Baylor Scott & White Health, Y Fred SavelsbergKTxccutive VP & CFO Date July 27, 2016 Scott & White Hospital - Taylor BjByllor Scott /& White Health, as gent Fred Savelsbergh, Executive VP & CFO Date July 27, 2016 [SIGNATURE PAGE FOR BAYLOR SCOTT & WHITE HEALTHAFFILIATIONJ - --- A-6---- - Va. Pg. / Exhibit 1 Legal Name Svstem ADDRESS CITY STATE ZIP PHONE COUNTY Scott & White Hospital - 700 MEDICAL Brenham BS&W PARKWAY BRENHAM TX Scott & White 200 W OLLIE Hospital - Llano BS&W ST LLANO TX Scott & White Hospital - Marble 810W MARBLE Falls BS&W HIGHWAY 71 FALLS TX Scott & White 300 Hospital - Round UNIVERSITY ROUND Rock BS&W BLVD ROCK TX Scott & White 305 MALLARD Hospital - Taylor BS&W LANE TAYLOR TX 77833 9793375000 WASHINGTON 78643 2452422824 LLANO 78654 8302018000 BURNET 78665 5125090401 WILLIAMSON 76574 5123527611 WILLIAMSON vol. Exhibit 2 2.0 REPRESENTATIONS AND WARRANTIES 2.1 Affiliated Hospital Representations and Warranties. The Affiliated Hospital represents and warrants that: a. It is a Texas corporation or partnership, duly established and created pursuant to applicable law with all requisite power and authority to enter into this Agreement in all respects; b. There is no agreement to condition any amounts transferred by the Governmental Entity nor the amount of Medicaid payments received on the amount of indigent care the Affiliated Hospital has provided or will provide; c. There is no agreement to condition the amount of the Affiliated Hospital's indigent care obligation on the amount transferred by the Governmental Entity nor the amount of any Medicaid payment the Affiliated Hospital might receive; d. No escrow, trust, or other funding mechanism exists, the amount of which is conditioned or contingent on the amount of indigent care services provided or to be provided by the Affiliated Hospital; and that any escrow, trust or other funding mechanism utilized in connection with an anticipated intergovernmental transfer ("IGT") from the Governmental Entity has been disclosed to HHSC and is not used to effect a quid pro quo for the provision of indigent care services by or on behalf of,the Affiliated Hospital; ' e. The Affiliated Hospital will not return or refund any Medicaid payments received to the Governmental Entity; f No part of any Medicaid payment received under the Section 1115 Waiver program will be used to pay a contingent fee, consulting fee, or legal fee associated with the Affiliated Hospital's receipt of payments under the Section 1115 Waiver program. g. This Agreement has been duly and validly executed and delivered by the Affiliated Hospital. 2.2 Governmental Entity Representations and Warranties. The Governmental Entity represents and warrants that: a. It is a political subdivision of the State of Texas created under the authority of the Texas Constitution, duly established and created with all requisite power and authority to enter into this Agreement in all respects; _B2— __ Vof. ,�.3 (f" 1 Pg. 023 b. There is no agreement to condition the amount transferred by the Governmental Entity nor the amount of Medicaid supplemental payments on the amount of indigent care the Affiliated Hospital have provided or will provide; c. There is no agreement to condition the amount of the Affiliated Hospital's indigent care obligation on the amount transferred by the Governmental Entity nor the amount of any Medicaid supplemental payment the Affiliated Hospital might receive; d. No escrow, trust, or other funding mechanism exists, the amount of which is conditioned or contingent on the amount of indigent care services provided or to be provided by the Affiliated Hospital; and that any escrow, trust or other funding mechanism utilized in connection with an anticipated intergovernmental transfer ("IGT") from the Governmental Entity has been disclosed to HHSC and is not used to effect a quid pro quo for the provision of indigent care services by or on behalf of the Affiliated Hospital; e. The Governmental Entity has not received and will not receive refunds of payments the Governmental Entity made or makes to the Affiliated Hospital for any purpose in consideration for an IGT by the Governmental Entity to fund Medicaid supplemental payments; f. The execution, delivery, and performance by the Governmental Entity of this Agreement are within the Governmental Entity's powers, are not in contravention of any other instruments governing the Governmental Entity and have been duly authorized and approved by the Board of Directors of the Governmental Entity as and to the extent required by applicable law; g. This Agreement has been duly and validly executed by the Governmental Entity; h. The Governmental Entity has not received and has no agreement to receive any portion of any Medicaid payments made to Affiliated Hospital; L The Governmental Entity has not entered into a contingent fee arrangement related to its participation in the Section 1115 Waiver program; j. The Governmental Entity is authorized to participate in the Section 1115 Waiver program pursuant to a vote of its governing body in a public meeting preceded by public notice published in accordance with its usual and customary practices or the Texas Open Meetings Act, as applicable; and k. Notwithstanding anything in this Agreement to the contrary, any decision by the Governmental Entity to provide funding for the Medicaid program is at the sole discretion of the Governmental Entity. ME Vol. 1-1�z 3� Pg. W!5) 3.0 OBLIGATIONS OF THE AFFILIATED HOSPITAL 3.1 Agreement to Collaborate with the Governmental Entity. The Affiliated Hospital agrees to work cooperatively with the Governmental Entity to improve access to health care for indigent persons. 3.2 Compliance with State and Federal Law. The Affiliated Hospital agrees to retain qualified professionals to ensure health care is provided in compliance with state and federal charity care laws, anti-trust laws, and any other applicable laws, and the Medicare and Medicaid programs. 4.0. OBLIGATIONS OF THE GOVERNMENTAL ENTITY 4.1 Agreement to Cooperate with the Affiliated Hospital. The Governmental Entity agrees to work cooperatively with the Affiliated Hospital to improve access to health care for indigent persons. 4.2 No Condition on Medicaid Funding. The Governmental Entity agrees that it will not condition the amount to which it funds the non-federal share of Medicaid supplemental payments on a specified or required minimum amount of prospective indigent care. 4.3 Retrospective Evaluation of Services. The Governmental Entity may retrospectively evaluate the amount and impact of the Affiliated Hospital's indigent care delivery and can rely on such historical information in determining whether and to what degree it will provide an IGT in the future. 4.4 Documents Publicly Available. The Governmental Entity agrees to make publicly available any documentation utilized in connection with intergovernmental transfers of funds and any documentation executed by the Governmental Entity related to its participation in the Section 1115 Waiver, including this Agreement. 4.5 Use of Public Funds. To the extent the Governmental Entity decides to provide funding for Medicaid supplemental payments, the Governmental Entity agrees to use public funds for such funding. B-4 STATE OF TEXAs COUNTY OF BRAZOS INDIGENT CARE AFFILIATION AGREEMENT BETWEEN BRAZOS COUNTY AND CHSPSC, LLC AFFILIATED HOSPITALS This IN CARE AFFILIATION AGREEMENT (the Agreement) is entered between BRAZOS COUNTY, a political subdivision of the State of Texas whose county seat is located at 300 E. 26`h SL, Bryan, Texas (the County or Govemmental Entity), and hospitals attached herein to Exhibit 1, which are all affiliates of CHSPSC,.LLC. All hospitals listed in Exhibit 1 are licensed underahe laws of the State of Texas and their principal offices are; provided. Any reference to an Affiliated Hospital In this agreement refers to every hospital listed in Exhibit 1. The County and.the Affiliated Hospital may be referred to individually in this Agreement Asa Party or collectively as the Parties. Article I. BACKGROUND AND PURPOSE Section l.01 The Parties' responsibilify to provide _hi (tent Care. (4) The County bears primary responsibility under Texas law to provide health care for indigent, persons who reside in the county: The financial responsibility for such care principally is borne by taxpayers of the County. (b) As a safety-nethospital, a core mission of Affiliated Hospital is to provide health care services to the needy;residents of the community,:including.persons who are eligible for indigent care from the County: (c) Boththe County and Affiliated.Hospitathave a statutory and/or fiduciary duty to pursue public and private sources of payment for care, including payment through the Texas Medicaid program. Section1.02 Inadequacy of state funding'and.insurance for the needy. (a) The; State of Texas historically has reimbursed healthcare services famished through the Texas Medicaid program at levels that are Inadequate to cover the costs of health care providers, including Affiliated Hospital. Additionally, the State has elected not:to expand Medicaid eligibility under the Affordable Care Act. (b) Neither the County .nor Affiliated Hospital dispute these actions and in fact recognize the important:siate policies that these:decisions:represent. However, both the County'and Affiliated Hospital acknowledge that these actions have.had and will continue to have several ,effects: (1) The number of County residents who are unable.to,pay for primary and emergency healthcare has risen and will continue to rise for the foreseeable future; (2) A significant number of these residents are eligible for indigent care services from the County, (3) These residents typically obtain the,'it_primary healthcare through hospital emergency room services, which the Parties recognize is costly, inefficient, and does not promote good public health outcomes or effective primaryor preventive healthcare; and (4) The lack of insurance and adequately funded, state,programs has increased demand'on the.County's indigent care program and the amount of uncompensated care for Affiliated Hospital. (5)'These factors place the -financial burden for indigent care largely.on the County taxpayers and the local community. Section 1.03 The Parties therefore agree that, without an effective source of revenue to support ser'vic'es to the indigent. and needy of the County, the financial burden for indigent care in the.County will"continue-to rise, strain the County's and local communities' budgets; and ultimately threaten the availability of quality healthcare in the County. Medicaid Supplemental Hospital Payment, Programs help address these challenges by allowing our local safety - net hospitals to access Texas Waiver payments without increasing any taxes on. local' residents. (a) Medicaid is a joint state and;federal program established under Title XIX of the Social Security Act that provides healthcare primarily to children, pregnantwomen, the elderly, and persons with disabilities: Federal law requires the State'to bear'a portion of the cost of care topersons 'who are eligible for Medicaid. (b) Texas Medicaid also administers programs to support public and private hospitals that famish a significant amount of uncompensated healthcare services to,people who do not have the'ability to pay for their healthcare. Affiliated Hospital traditionally has participated in these supplemental payment programs. (c) The State traditionally has.required that local govemments.use local funds to supply the state's share of the Medicaid supplemental hospital payments- (1),This practice.has favored counties with a hospital district, which assess property taxes to fund district operations. (2) Because the County does not haven hospital' district, hospitals are not assured Of receiving their fair share:ofsuch funding., (d) The State also requires hospitals and local governments thabwish to,participatp,in these programs to certify certain facts that demonstrate the parties' compliance with state F a� pg. �� and federal laws. The.certifications.for Affiliated Hospitaland the County are attached to this Agreement as Exhibit 2. Section 1.04 Local Provider Participation. Fund (a) The Texas Legislature, in recognition of the financial burden home by the County and its taxpayers and the potential.loss of available Medicaid funding to hospitals enacted Chapter 296 of the Texas Health.& Safety Code,. which authorized.the'County to establish a local provider participation fund (LPPF) to support the paymenbof Medicaid supplemental hospital payments to Affiliated:HospitalAnd other eligible hospitals;_ (b) The LPPF.relies on mandatory payments by institutional healthcare providers and does not add to the 'burden .of the County's property taxpayers. Section 1.05 Purpose.andlntent,ofiheParties (a) The PartiesAesire to ensure that the indigent residents of the County continue to have access to and receive quality. healthcare seryices. (b) The Parties recognize that itis in their inuitual best interests"to access greater amounts of federal :funding to help cover the costs of services to indigent persons and people who;are eligible for Medicaid. The Parties also agree that anotherbenefit of such additional funding is that all residents of the. County will continue to have access to quality healthcare: (c) The Countyand Affiliated. Hospital recognize that:implementation:ofthe LPPF will help achieve.these benefits for all residents of the County. ACCORDINGLY, inview oftheir. common.obligations and in and to fulfill their statutory, fiduciary,.charitable obligations to the residents and communities of the County, the Parties agree as. follows: Article II. INDIGENT CARE COLLABORATION Section,2.01 bnprovitrg Access to Healthcare for lndigeni The County and Affiliated Hospital; will assess opportunities to improve access to healthcare for indigent persons residing in the: community.through participation, in the Medicaid program including the Medicaid payments authorized by supplemental hospital payment programs, including the Texas Healthcare Transformation and Quality `Improvement Program Section 1115 Waiver,(the "Section 1115 Waiver!'), the Disproportionate Share Hospital Program and their successors. Section. 2.02 IMp'lenten'tation of the LPPF The County and Affiliated Hospital will also cooperate to'ensure the prompt, .efficient, and accurate implementation of the LPPF in the County in a manner consistent with state and federal law. A3 Vol. % c pg, �� Section 2.03 Administration ;ofthe LPPF (a) The County and Affiliated Hospital agree that the County will retain discretion to determine: (1) The teirii and content of rules to govem the LPPF; and (2) The timing and amount of the mandatorypayment to be paid by institutional healthcare providers, consistent with the requirements: of state and federal law: (b) The Countyalso retains the discretion to apply the LPPF to uses authorized under the law, including conducting intergovernmental transfers: of funds to the Texas. Health and HumanServices Commission Article M. GENERAL PROVISIONS Section' 3.01 Term and Termination. The term of this Agreement shall be one year from Effective Date and shall automatically continue thereafter for additional terms of year unless the parties agree otherwise; provided, however, that this Agreement shall terminate immediately upon written notice by either the Governmental Entity or the Affiliated Hospital to the other party. Section 3.02 Notices. All notices required or permitted hereunder. shall .be in writing and shall be sufficiently given and deemed to havebeen received upon personal delivery, by overnight carrier, by email, or by United States?mail, postage prepaid, registered or certified mail, addressed to the parties as follows:. Governmental Entity: County of Brazos 200 South Texas Ave., Suite M Bryan, Texas 77803 Affliated_Hosp'i,tal: Each hospital listed in Exhibit 1: to the addresses,provided therein. Withcopies ito: Carlos'Zaffitini.Jr. Adelanto HealthCare Ventures, L.L.G. 401 W. 15a` Street; Suite 840 Austin, TX 78701 and: Charles Luband Dcntons 1221 Avenue of the Americas New York, NY 10020 A-4 Vol. _�,% f�_ pg�--� and: Legal Department. 4000.Mc dian Boulevard Franklin;, TN 37067 Attn: General Counsel Section 3.03 Relationship Between the Parties. The relationship between the County and the Affiliated Hospital is solely a contractual relationship between independent contractors. No party hereto is an agentlor employee of any other party. Nothing.in this Agreement shall prevent.any affiliation or contracting by any party with any third party, with the exception that no party may contract or affiliate with otherparty to gain entitlement to Medicaid supplemental payments pursuant to this Agreement. Section 3.04 Governing Law. This Agreement is.governed by the laws of the State of Texas.. Section 3.05 Assignment: No party may assign any right; obligation, or responsibility under this Agreement exceptto:a successorin.interest. Section 3.06 Third Party Beneficiaries- Theparties,to this Agreement do not intend to establish any third party beneficiary relafionship by virtue of this Agreement. IN WITNESS WHEREOF; the Parties have executed this Agreement as of the date(g) set forth below. .Brazos Date_ t / OCe ( ( (.0 LLC, on behalf of each Hospital listed in Exhibi Date /-A9-AP14 Exhibit 1 Facility Legal Name System ADDRESS CRY ABILITNE REGIONAL MEDICALCENTER ARMC, L.P .CHS 6250 HIGHWAY 83-84 ABILENE BROWNW06D Jourdamon'Hospital. REGIONAL MEDICAL Brownwood'Hospital,, LP. CNS CENTER CHS CEDAR'PARK Cedar Park Health System. CHS REGIONAL MEDICAL .L.P CENTER CHS COLLEGE STATION. College Sleiion Hospital, CHS MEDICALCENTER LP. DF.TAR,HEALTHCARE Victori aofTexas, L:P.. CHS a SYSTEM -- L HILLREGIONAL NHCI.ofHillsboro, Inc. CHS HOSPITAL - - LAKEGRANBURY Ganbury Hospital CHS MEDICALCENTER Corporation LAREDOMEDICAL Laredo Texas Hospital CHS CENTER. Company, LP. - LONGVIEW REGIONAL Longview Medical. Center, CHS MEDICALCENTER L:P: NAVARRO REGIONAL Navarro Hospital, L.P. CHS HOSPITAL. - SAN ANGELO COMMUNITY San Angclo Hospital, L.V. CHS MEDICAL CENTER SOUTH.TEXAS Jourdamon'Hospital. - REGIONAL MEDICAL Corporgjion' CHS CENTER ANTONIOSTREEr TOMBALL REGIONAL, TombalLTexas'Hospital CHS MEDICALCENTER. Company, LLC - WEATHERFORD Weatherford Texas LAREDO REGIONALMEDICAL Hospital Company, LLC, CHS CENTER 3201 WEST HIGHWAY WOODLAND''HEIGHTS Piney Woods Healthcare CHS MEDICALCENTER System, LT. SAN ANGELO 1501. BURNET DRIVE BROWNWOOD 1401'.MEDICAl,. PARKWAY CEDAR PARK. .1604 ROCK PRAIRIE COLLEGE. ROAD STATION. 506 EAST SAN ANTONIOSTREEr VICTORIA 101 CIRCLE, DRIVE- HILLSBORO 1310'PALUXY ROAD CRANBURY <1760 EAST SAUNDERS STREET LAREDO 2901: NORTH FOURTH STREET - LONGVIEW 3201 WEST HIGHWAY 22 CORSICANA 35.01'KNICKER60CKER ROAD SAN ANGELO 1905 HIGHWAY 97' EAST JOURDANTON 665 HOLDERRIETH BOULEVARD. TOMBALL 'STATE ZIP' TX 79606 TX 76801 TX 78613 TX 77845 TX 77901 TX 7MA5 TX 76049 TX 78041 TX 75605 TX, 75110 TX 76904 TX 78026 TX 77375 713 E. ANDERSON WEATHERFORD TX' '76086 505 SOUTH JOHN REDD=, DRIVE LUFKIN TX 75904 2 B -i Val..a�/-��-- Exhibit 2 2.0 .REPRESENTATIONS AND WARRANTIES: 2.1 Affiliated Hospital Representations and Warranties. The Affiliated. Hospital;represents and warrants that: a. It is an entity duly established and created pursuant 4o applicable 'law, :authorized todo business in, State of Texas,with all requisite power and authority to enter into this Agreement.in:all.respects; b. There is no agreement. to condition any amounts transferred by the Governmental Entity nor the amount of Medicaid payments received, on the amount of indigent care the: Affiliated. Hospital has provided or will provide; c. There .is no agreement to condition the amount. of ,the Affiliated Hospital's: -indigent care obligation on the amount transferred by the Governmental Entity nor the amount of any Medicaid payment the Affiliated Hospital might receive; d. No escrow; trust, or other funding mechanism exists, the amount of which is conditioned or contingenton the .amount of indigent care services provided or to be provided by the Affiliated Hospital; and that any escrow, trust or^otherfunding mechanism utilized in connection;w.ith an anticipated intergovernmental transfer ("IGT") :from the Governmental Entity has been. disclosed to HHSC .and. is not used to effect a quid pro quo for the provision of indigent care services by of on behalf of the Affiliated Hospital; e.. The Affiliated Hospital will not return or refund any Medicaid payments received to the Governmental: Entity; f. No part of any Medicaid payment received under the Section 1115 Waiver program, will be used to pay a contingent. fee, consulting fee, or legal fee .associated with the Affiliated I-Iospitai's .receipt of payments underthe'Section I f15 Waiver program. g. This Agreement has been duly and validly ezecuted..and delivered by the Affiliated Hospital. 2.2 Governmental Entity Representations and Warranties. The Governmental Entity represents and warrants that: a. It is a political subdivision of the State of Texas created under the .authority of the Texas Constitution, duly established and created with,all requisite power and authority to enter into this Agreementin all respects; B''-2 Vol. O Pg.- 3�_ b. There is no agreement to condition the amount: transferred by the Governmental Entity not the amount of Medicaid supplemental payments on the amount of indigent care the Affiliated Hospital have provided or will provide; c. There is no agreement to :condition the amount; of ;the -Affiliated Hospital's indigent care obligation on the amount transferred by the Governmental. Entity nor the amount of any Medicaid supplemental payment the Affiliated Hospital might receive; d. No escrow, 'trust, or other funding mechanism :exists, the amount of which is conditioned or contingent. on the amount of indigent care services provided or to be provided by the Affiliated Hospital; and that any escrow, trust or other funding mechanism utilized in connection with an anticipated intergovernmental transfer ("IGT") from the Governmental Entity has been disclosed to HHSC and -is not used to eAect.a quid pro'quo for the provision of indigent care services by or on behalf ofthe, Affiliated Hospital; e. The.Governmenial. Entityhas not received and will not receive refunds of payments the Governmental' Entity made or makes to the Affiliated Hospital for any purpose in consideration for an IGT by the Governmental Entity to fund Medicaid supplemental payments; f The execution, delivery, and performance by the Governmental Entity of this Agreement are. within the Governmental Entity's powers, are not in contravention of any other instruments ;governing. the Governmental Entity and have been duly authorized and approved by the. Board of Directors of the Governmental Entity as and to the ;extent required by applicable law;. g. This Agreement has been duly and validly executed by the Governmental Entity; h. The Governmental Entity has; not received and has no agreement to receive ;any portion of any ',Medicaid .payments made to .Affiliated Hospital; J. The Governmental. "Entity :has not entered Into a contingent. fee _ arrangement related to its participation in the ,Section 1J15 Waiver program; j. The Governmental Entity is authorized to participate in; the Section 1.115 Waiver program pursuant to a vote of its governing body in a public meeting; preceded by public notice published in.accordance with its usual and customary practices or the Tex'a's Open Meetings Act as applicable' and k. Notwithstanding anything in: this Agreement to the contrary, any decision by the Governmental Entity.toprovide, funding for the Medicaid program is at the sole discretion of the Governmental Entity. B-3 3.0 OBLIGATIONS OF THE AFFILIATED HOSPITAL 3.1 Agreement to Collaborate with the Governmental Entity. The Affiliated' Hospital agrees to work, cooperatively with the Governmental Entity to improve access to health care for indigent persons. 3.2 Compliance with State and Federal Law. The Affiliated Hospital agrees inaintairi policie's and procedures and operate;a compliance plan to ensure that Hospital services are provided in compliance with state and federal charity care laws, anti-trust laws, and any other applicable laws; and the Medicare and Medicaid programs. 4.0. OBLIGATIONS:OF THE GOVERNMENTAL ENTITY 4:1 Agreement to Cooperate with the Affiliated Hospital The Governmental Entity agrees to workcooperatively with the Affiliated Hospital to improve access to health care for indigent persons. 4.2 No Condition on Medicaid Funding. The Governmental Entity agrees that it will not condition the amount to which it ,funds the non-federal share of Medicaid supplemental payments on a specified or required minimum amount of prospective indigent care. 4.3 Retrospective .Evaluation. of Services. The Governmental. Entity' may retrospectively evaluate the amount and impact of the, Affiliated HospilVs indigent care. delivery :and. can, rely on such historical. ;information in determining whether and to what degree it will provide an IGI`in the future. 4.4 Documents Publicly .Available. The Governmental Entity agrees to; make ,publicly :available any documentation utilized -in connection with intergovernmental transfers of funds and,any documentation executed by the Governmental Entity, related to its participation in the Section 1115 Waiver; including.this Agreement. 4i5 Use of Public Funds. To the extent the Governmental 'Entity decides to provide funding for Medicaid supplemental payments;, the Governmental Entity agrees to use public funds for,such funding. Vol. Pg.�!_, E Ij p E N ii 0 V LIJ C O E F a S Oi O O l0 O O O _ n m SJ N: d. '�. p n• nd E � v� c L v f u i v y5 v Q � dl 0 ss U ! c s c d d � H o w F' N 4 M d a � d_ •9 m 3 ` 4 G V ? 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N (/j w L o, aZZo o j0Y Woo '014--1.J N N R S O U N W C %. COHNN d R c6 a c LL J n°' (7 R 1 2m<ov V�2fE yUNU Rzr�d 5 Cc 0 d y NYQ U d ai 2 R mmC7�w JET rQ�ya m =°O Six 75 a vDn m�jso. epi E�O)'`°p y y G I-' R w°'y v0]"=Ou CyCzmb� .Oyu GZfnM� o'N a. NoO dV avv d�YWd S.v �3�R.NLLW�yy 2'E°�w�$ N W F E � c O j N.R C N `< w N d °ovxassE� v myWZ>d :RRtJpW�y as cTawLLtQyQ�.wm N RI N 1-Q O n Q O Uyy 'U.y J Eg.c SWZsc Uyanc''Q E. Z ARD'-yrnnc 00 rn2 U' vR aac m: mwc- Zau uouZl-m c D:COOy�m�VC wccey�'mOoE 0001022'- V.D DD mS N: �'yQ N`=mmnws �EEE!LJwov- Z E2.N F mi ORR Rm Z'm yVVy'' WL E y¢ V¢ O EK.000,Z N'':N l7 NO ai Z'6N C o `o Q n R d R a �E E _. os$ N V d 6�L O, TyOSi ynF E n n m � mgr co c-oa` u �L.LvN vmi viOi � E .= g d a_ �=N 2 �,nJd�R a= � E o o ` v' CuC d`a=c R C} L t O V m �vmtira O z Z _w nLL o n'c n E m:md m v -a a E `°t n Cp,L dOC� mN��n_V w OE > v L'J+c'v od E 3"u U ti Z65- a q o§ R a� c D y ma JV� H Q'T O N. m C dim =c�a Q: p mj.m... d m zQ d E RL yu; aN o,y k CERTIFICATE OF INTERESTED PARTIES FORM 1295 iofa Complete NOS. 1- a and 6 it there are Interested pardics. OFFICE USE ONLY Complete Nos. 1. 2. 3, 5, and 6 if there are no interested parties, CERTIFICATION OF FILING Certificate Number. 1 Nameof business entity filing form, and the city, state and country o1 the business entity's place of business. 2016.84109 Cummins Allison Corp. _ Mt Prospect, IL United States Date Filed: 0711312016 2 Name of governmental entity or state agency that Is a party to the contract for which the form Is being filed. Brazos County Tax Office Date Acknowledged: Provide the Identification number used by the governmental entity or state agency to track or identity the contract, and provide a description of the services,. goods, or other property to be provided under the contract 17-014 .Preventative Maintenance Inspection Agreement for 2 JetScan machines for Brazos County Tax Office a Nature. of interest Name of lnterested Party City, State, Country (place of business) (chock applicable) .Controlling Intermediary Janezic, Frank Mt Prospect. IL United States X Jordan, Robert Mt Prospect, IL United States X Mennie, Douglas Mf Prospect, IL UnitedStatesX White,.Anne Mt Prospect, IL United.States X Jones, Paul Mt Prospect, IL United States X Jones,. William Mt Prospect, IL United States X 5 Check only it there is NO Interested Party. ❑ 6 AFFIDAVIT I swear, or affirm, Under penalty of perjury,that the above disclosure is true and correct. jC*)GU=NGEETSBABRAHRAHNotAMyC&2017. . S nature f oath ized agent of col Iiacdn(j business entity AFFIX NOTARY STAMPl.SFJ1L ABOVE �«J L' `LI Sworn to and subscribed before me by the said �-I'+T F f"} this the day of I' � 20�� , to certify witness my hand and seal ofoffice. which, 4� C, Sig ture -ng r adminis ering. Printed narn0of jfitcer administering oath Title of officeLdnnjmtedng oath Forms provided by Texas Ethics Commission www.ethics.sUde.tx.us Version V1.0.1021 E l. ou� Pg, ✓�� �t Brazos County- Purchasing ountyPurchasing Department i V 200 SOUTH TEXAS AVE SUITE 352 BRYAN, TX 77863 PHONE (979) 361.4290 FAX (979) 361-4293 June 22, 2016 McCreary, Veselka, Bragg; & Alleh, PC. 700 Jeffrey Way, Suite 100 PO Box 1269 Round Rock, Texas 78680 800-36M060 Ret Rehewdl of Contract for Collection of Delinquent Property Taxes. Brazos County appreciates the quality work your company has provided and would likero_ exercise the renewal :option for 17-.005R Collection of Delirequ'er:t Property Taxes, previously'known as 2014.76x,. 2013-74R, M0 0-46x; 200&40R and.2006-32. All "terms, conditions, and pricing shall remain the same. This renewal term will be for two years from October 1, 2016 to September 30; 2018. To accept the ;renewal option; please fill out theinformatiop and sign below. Return the signed documents by email to cnotton@brazoscountytx.gov or fax to (979) 361-4293. Please thensubmit the original .signed documents and an updated Certificate of IInsurance 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: 4CRFY, VES_EI:KA, BRi1GG & ALlEN, P.C. Authorized Signature RA S COUN� Duane Pet6rs, County Judge I !- 1abb Date Date Vol. "J�� Pg,_�jc-� 13 CERTIFICATE OF INTERESTED PARTIES FORM 1295 iofl Complete Nos, 1.4 and 61t there are Interested panies: cornolel6N6s.1,2,,3,5,afi,d6ifthered,re.npInterested ,parties: OFFICE USE ONLY ., CERTIFICATION OF FILING Certificate Number: I Name of business entity filing form, and the city, state and country of the business entity's place, of bl us, nes r s. 2016m66904 McCreary, Ve$elka. Br4gg & Allen, P.C. Round Rcck, T)( United Siates —the Date Filed: 0111912016 2 Name of governmentatent ity or state agency that is a parry to contractfor—wTF, is the terms being filed. Bra2os County Date Acknowledged: Provide the Identification number used by the governmental entity orstate agency to track or identify the orintract,andprdvidea descriptionofthe services, goods, or other property to be provided under the contr - aL 07192016 Collebtioh.of delinquent property taxes Nature of interest 4 Name, of Interested Parry City, State, Country (place of business) (check applicable) I E—nirolfing I Intermediary Allen, Harvey Round Rock, TX United States th;te is NO Interested Party, 5 Check only ifs 6 AFFIDAVIT"" -I swear. or affirm, under penalty of perj I ury, that t I he above disclbsure is true and correct. u, BRECKLI�Y S. LITTLE 2, tNOTARY PUBLIC, State of Texas }'t V' Exp 0741-2010 .. ........ $Ignatwe of authorized egent of coiWaciina business enliry AFFIX NOTARY STAMP/ SEAL ABOVE, Sworn to and subscribed before me, by the said -K6+k:7XP-6tdLQCk U this the day of 20-1k-- to certify which. witness my handand seal of office: erl? I &A ":� /L i (*6A � 0,11p,r m FImbli 6 . Signature of officeinisteringwiF Printed name..Wfficer, administering oath Title of officW adminimering oath Formsprovided by TeX16s Ethics Commission mm,fithics.state.Mus Version V1.0.277 ri Vol. P9 BRAZOSCOUNTY COMMISSIONERS' COURT ACTION FORM DEPARTMENT.Road and Bridge DEPT. NUMBER 56001000...___. DATE OF COURT MEETING: July 26, 2016 ITEM: Consider and take action on acknowledgement of petition received from residents of Precinct 1, Brazos County, Texas requesting new road in Precinct 1 from Chaco Canyon Drive to State Highway 6. SOURCE OF FUNDS: N/A NOTES/REQUIREMENTS: SUBMITTED BY: J Z// L. R. Alan Munger, P.E. County Engineer ACKNOWLEDGED BY: �f" I'JA.cG� Commis toner Lloyd Wassermann Precinct 1 This Request is p / D NIED [ y ommissioners' Court E. Duane Peters, County udge Date Vol. May 13, 2016 Brazos County Commissioners Court Attn: Commissioner Lloyd Wassermann Brazos County Administration Building 200 South Texas Avenue, Suite 310 Bryan, Texas 77603 RE: Public Application for a New Road (Mesa Verde Drive Extension to State Highway 6 South) Dear Brazos County Commissioners: Please let this letter serve as the request for a new road extension in Precinct 1, more particularly known as the extension of Mesa Verde Drive from Its current Intersection with Chaco Canyon Drive to the "Texas World Speedway" overpass of State Highway 6. The requested new road extension is further described on the attached drawing. The individuals listed below are property owners within Precinct 1. Representatives of this group have met with Alan Munger, Brazos County Engineer, regarding this request. Mitchell and Morgan Engineering has prepared preliminary design documents for this road improvement in a manner consistent with the design specifications of Brazos County. This Application is being submitted in accordance with Texas Transportation Code, Section 251.052. Thank you for your consideration of this request. Sincerely, Signed:Signed: Printed: G�P(S Tny dwA/� G'dlz U)A tmwA e3 Printed: Signed:Cv1Cl2,— Signed:�//�� Printed: KEVIN ►��'15Ge�RE Printed:61/]e-Aad 4,4241du't Signed: Printed:_h1�11((� �. l t�SGO M l� Signed: Printed: J}}aMf}S R J I}NSorJ Signed: Signed: 2U Printed: F01:1 02�� Vol. pg,_3 BRAZOSCOUNTY ROAD AND BRIDGE DEPARTMENT R. Alan Munger, PE, CFM, County Engineer Memorandum Date: July 20, 2016 To: Members of Brazos County Commissioners Court; Bill Ballard; Kendra Suh From: R. Alan Munger, P.E. RE: Need for New Roadway Due to population growth, many Brazos County roadways are experiencing more traffic than ever before. The Road & Bridge Department continues to react to and tackle these issues as best and as quick as possible. However, there is no more alarming example of growth's effect on an `old country road" than Arrington Road. In 2003, Arrington Road served Nantucket Subdivision ,Windham Ranch and Ross Margraves owned properties. William D. Fitch Parkway and Tower Point Developments were not in place. Today, Arrington Road carries in excess of 3500 vehicles per day within a ROW less than 50 feet wide in many places. The pavement is "tired" and narrow. The roadway needs to be widened to serve the growing traffic concerns. The ROW needed to widen the roadway is located within City of College Station. The amount of ROW needed for a 30' additional width is approximately 5.37 acres of premium South County property with estimated cost of $270,000 to acquire plus cost to relocate utilities and replace fence (which could easily escalate costs). Estimated costs for improvements to Arrington break down as follows: ROW..................................................................... I ..... $270,000 Utility Adjustments/Fencing............................................. $150,000 Roadway Construction (7800 LF of 3 Lane Roadway) ............ $1,547,000 Total (Estimated)..........................................................$1,967,000 This project was not included in FY 2017 Capital Budget due to its expense. We can very likely reduce traffic volumes on Arrington down to 1000-1200 vehicles per day and greatly ease current pressures in Nantucket Subdivision and South Oaks Drive (whom the Commissioners Court has met with previously) if we move forward with development of Mesa Verde Drive. Mesa Verde will provide quicker access to SH 6 for county residents. It will access the existing overpass to Texas World Speedway directly. It will benefit county residents in many ways. If the Commissioners Court chooses to accept the land donation for Mesa Verde Drive and proceed with development of plans for construction of Mesa Verde Drive, costs could be anticipated as follows: 2617 Highway 21 West Bryan, Texas 74883-- , Office'(979)822=21277 Fax (979)775-0453 Vol. ROW................................................................................$0 Utility Adjustments/Fencing....................................................$0 Roadway Design (incl Geotech, Topo Survey, Construction Documents) .............. $110,000 Roadway Construction (Contractor)(anticipate Frntg Rd Aux Turn L1) (2800 LF of 2 Lane Roadway transition to 4 lane at Frutg Road)(with 10% Contingency) ............$1,050,000 Total (Estimated).......................................................$1,160,000 This alternative is $800,000 less expensive and it was included in departmental FY 17 Capital Roads Budget Plan. Secondarily, it provides Brazos County greater ability to negotiate with City of CS concerning future improvements to Arrington Road, as well as providing a great benefit to County residents by improving safety and commute times to Bryan and College Station. There are no existing residential driveways on Mesa Verde Drive from State Highway 6 to Indian Lakes Drive. Mesa Verde Drive has been included on Thoroughfare Plans for many years. Please let me know if you have any questions or concerns. Best regards, Alan Vol.Pg. —RIZ— 15 BRAZOS COUNTY COMMISSIONERS' COURT ACTION FORM DEPARTMENT Road and Bridge DEPT. NUMBER 56001000 DATE OF COURT MEETING: July 26, 2016 ITEM: Consider and take action on acceptance of donation of 6.599 acres of land for new road in Precinct 1. Brazos County, Texas. SOURCE OF FUNDS: N/A NOTES/REQUIREMENTS: SUBMITTED BY: R. Alan Munge14-, County Enginee ACKNOWLEDGED BY: Commissioner Lloyd Wassermann Precinct 1 This Request isAPP OV / DEN ED [ ] y C mmissiouers' Court uane Peters, County Judge -7I�;QlfV Date BRAZOS COUNTY, TEXAS ACCEPTANCE OF DONATED/AWARDED PROPERTY t DONATION OF COUNTY PROPERTY Date: 7– 2'C) — ZOi Acceptance of Donated/Awarded Property ❑ Donation of County Property (Awarded property requires signed court documentation) ❑Acceptance of Donated Inmate Property (Requires signed inmate documentation (–` NO VALUE ASSESSED) Item Description: �o . `7 9 -1 �}kr,__ fY} ZrLvs.O� Please provide all information requested below as applicable to the property being accepted or donated. Forms containing any blank fields will be returned for completion. Make: Model: Year: SN/VIN #: ❑ Functional ❑ Non -Functional. Explain if Non -Functional Additional Description/Information: 1a4d Anel c6! –Jbf fVeu/ &d.,tlrwj I Estimated Value: ;� 30D, DOD Check the appropriate account based on estimated value of property being accepted: ❑ 6M5000(Donation-Other)* ❑ 60010000 (No Asset Tag - Under$500) ❑67010000 (Minor Property - $5C0 - $4999) LJ 80010000 (Capital Property - Over $5000) xDonation – Other to be used forfunds donated to Brazos Check box for Capital Asset (value/initial cost is over $5000) Check the appropriate entity property being donated to: Government Entity: Organization Name Other (Due to Statuatory requirements prior approval is required by Purchasing: Organization Name for are of a not-cmmty exoendihtre I certify that the above mentioned item has been donated or awarded to Brazos County. This item has been received in good faith and upon approval by Commissioner's Court will become a part of the General Fixed Asset Account of Brazos County. The determination to accept or reject the donation will be made at the sole discretions of Commissioners Court based upon such things as usefulness, projected operating, maintenance and in cnranre rude Requesting Department: ID'At,. !AN', Department Name Organization Receiving Donated Property: Authorized Signature Authorized Signature 7ppedb Commissio is urt on thiscwdayof ut X �P" . missioners Court proval E01 000 pg, �_ SMILING MALLARD DEVELOPMENT, LTD. July 12, 2016 Brazos County Commissioners Court Attn: Commissioner Lloyd Wassermann Brazos County Administration Building 200 South Texas Avenue, Suite 310 Bryan, Texas 77803 RE: Mesa Verde Drive Land Dedication (Mesa Verde Drive Extension to State Highway 6 South) Dear Brazos County Commissioners: Please let this letter serve as my offer to dedicate 6.599 acres of land (referenced on the attached exhibit) for the construction of a 24 -foot wide asphalt roadway extension from the existing intersection of Mesa Verde Drive continuing northeasterly to the 'Texas World Speedway" overpass at State Highway 6. It is my understanding that, with this dedication, Brazos County will design and construct the above-mentioned roadway with their funds. I am making this -dedication offer on behalf of Paul J. Clarke, Inc, as its President, and on behalf of Smiling Mallard Development, Ltd., as the Manager of Smiling Mallard Management, LLC, its General Partner. Do not hesitate to contact me if you have any questions regardingthis land dedication offer. Sincerely, Paul J. Clark President, Paul J. Clarke, Inc. And Manager, Smiling Mallard Management, LLC, General Partner of Smiling Mallard Management, Ltd. 3608 East 29ih Street, Suite 100 Bryan, Texas 77802 Phone: (979)846-4384 Fax: (979)864-1461 IV ol. J, � P9 �� m 9a �1 `ilia \aCmz P� Z, 'C, 1ti0 � , e ' � T o« a✓ a Q ���•� /� �a \ ��/�, � __ �� ego � ti� a HIM � n UM t 5§abs do• 8 // 1 ^oma � �`Ic i',II I Hi> w L6'd 11MA lot wr+aialyALhCZws I I 03:4 j 3�• �"o l \ I tg> � 1 ^ •P S �i I C $p 3 I :`�4 C 1 A.Z. aa4 �A G�pgg m Jn 1 �o�i € �Fp�y di �$�13 I'B�� •OOl I ie V 1 ti��4 �N NI� Ic=S> III € \ q2IPJ og d Kz �e4 OR$UM `e • �&; gab �8� I N� 9 I \\ :s g5.... 0001 1 1 1®o II n II 1—A 9 J oj� -ams�'s.„�wes�ogI I�w i -i g' n x N N '� n E 1e 4 n a`y m W w — uvJ YOWJ 1 I Z N N N N F b w �1 n n B n !9 9 - gu Vol. pv�✓�/�_, pg. y Page 2 of 3 FIELD NOTES MESA VERDE DRIVE 6.599 ACRES Being all that certain tract or parcel of land lying and being situated in the J.M. BARRERA SURVEY, Abstract No. 69 and the STERRETT D. SMITH SURVEY, Abstract No. 210 in Brazos County, Texas and being a portion of the following six (6) tracts: 1) Being part of the 16.725 acre Tract Three described in the deed from Partners in Habitat Preservation, LLC to Smiling Mallard Development, Ltd. recorded in Volume 8765, Pagel76 of the Official Records of Brazos County, Texas (O.R.B.C.), 2) Being part of the 16.672 acre tract described in the deed from Donald Gene Anderson to Smiling Mallard Development, Ltd. recorded in Volume I2910, Page 212 (O.R.B.C.), 3) Being part of the 2.347 acre tract described in the Deed Without Warranty from Charles A. Ernst and J. Garland Watson, Jr. to Smiling Mallard Development, Ltd. recorded in Volume 13117, Page 97 (O.R.B.C.), 4) Being part of the 21.457 acre tract described in the deed from Elin Holdings, LLC to Smiling Mallard Development, Ltd. recorded in Volume 12358, Page 228 (O.R.B.C.), 5) Being part of the 8.443 acre tract described in the deed from April Sterling to Paul J. Clarke, Inc. recorded in Volume 13061, Page 111 (O.R.B.C.), and 6) Being part of the 9.645 acre tract described in the deed from Mary Morehead Family Trust to Smiling Mallard Development, Ltd. recorded in Volume 12846, Page 1 (O.R.B.C.), said 9.645 acres being part of Lots 6, 7 and 8 of the DEER PARK Subdivision recorded in Volume 221, Page 295 of the Brazos County Deed Records (B.C.D.R.), and being more particularly described by metes and bounds as follows: BEGINNING: at a found 3/4 -inch iron pipe marking the northeast comer of Mesa Verde Drive as depicted on the final plat of INDIAN LAKES SUBDIVISION, PHASE XIX recorded in Volume 12912, Page 215 (O.R.B.C.), from whence a found 1/2 -inch iron rod marking the southeast comer of Lot 4, Block 30 of said INDIAN LAKES SUBDIVISION, PHASE XIX bears S 86° 5725" W at a distance of 370.00 feet for reference; THENCE: into and through the said 16.725, 16.672, 2.347 and 21.457 acre Smiling Mallard tracts, the said 8.443 acre Paul Clarke tract and the said 9.645 acre Smiling Mallard tract for the following seven (7) calls: 1) N 860 57' 25" E for a distance of 407.43 feet to a 3/4 -inch iron pipe set for the Point of Curvature of a curve to the left, 2) 997.84 feet along the arc of said curve having a central angle of 63° 31' 28", a radius of 900.00 feet, a tangent of 557.20 feet and a long chord bearing N 550 11'40" E at a distance of 947.51 feet to a 3/4 -inch honpipe set for the Point of Tangency, 3) N 23° 25'56" E for a distance of 234.92 feet to a 3/4 -inch iron pipe set for the Point of Curvature of a curve to the right, 4) 364.25 feet along the arc of said curve having a central angle of 160 41' 46", a radius of 1250.00 feet, a tangent of 183.43 feet and a long chard bearing N 310 46' 49" E at a distance of 362.97 feet to a 3/4 -inch iron pipe set for the Point of Tangency, 5) N 400 07'42" E for a distance of 384.33 feet to a 1/2 -inch iron rod set for an angle point, 6) N 040 52' 18" W for a distance of 35.36 feet to a 1/2 -inch iron rod set for an angle point, and 7) N 400 07' 42" E for a distance of 275.00 feet to a 1/2 -inch iron rod set for the most northerly comer of this tract, said iron rod also being in the southwest line of the called 4.7812 acre State of Texas tract (commonly known as State Highway No. 6) recorded in Volume 959, Page 281 (O.R.B.C.) and in the northeast line of the before -said 9.645 acre Smiling Mallard tract (12846/1), from whence a found TxDOT concrete monument marking an angle point in the northeast line of the said 9.645 acre Smiling Mallard tract bears N 490 5215811 W at a distance of 216.22 feet for reference; THENCE: S 49° 52' 58" E along the southwest right-of-way line of said State Highway No. 6 and the northeast line of the said 9.645 acre Smiling Mallard tract (12846/1) for a distance of 15D.00 feet to a 1/2 - inch iron rod set for the east comer of this tract, from whence a found 1/2 -inch iron rod marking the south corner of the called 4.7812 acre State of Texas tract (959/281), the east comer of the said 9.645 acre Smiling Mallard tract (12846/1), the upper northeast comer of the said 21.457 acre Smiling Mallard tract (12358/228) and being in the common line of Lots 8 and 9 of said DEER PARK Subdivision bears S 490 52' 58" E at a distance of 86.99 feet for reference and a found TxDOT concrete monument marking an Vof.._J� P9._, f Page 3 of 3 angle point in the northeast line of the before -said 21.457 acre Smiling Mallard tract (12358/228) bears S 490 52' 58" E at a distance of 221.10 feet for reference; THENCE: into and through the said 9.645 acre Smiling Mallard tract, the said 8.443 acre Paul Clarke tract, the 21.457, 2.347, 16.672 and 16.725 acre Smiling Mallard tracts for the following seven (7) calls: 1) S 400 0742" W for a distance of 275.00 feet to a 1/2 -inch iron rod set for an angle point, 2) S 850 07'42" W for a distance of 35.36 feet to a 1/2 -inch iron rod set for an angle point, 3) 400 07' 42" W for a distance of 384.36 feet to a 3/4 -inch iron pipe set for the Point of Curvature of a curve to the left, 4) 335.11 feet along the are of said curve having a central angle of 16° 41'46", a radius of 1150.00 feet, a tangent of 168.75 feet and a long chord bearing S 310 46' 49" W at a distance of 333.93 feet to a 3/4 -inch iron pipe set for the Point of Tangency, 5) S 230 25' 56" W for a distance of 234.92 feet to a 3/4 -inch iron pipe set for the Point of Curvature of a curve to the right, 6) 1108.71 feet along the arc of said curve having a central angle of 630 31' 28", a radius of 1000.00 feet, a tangent of 619.12 feet and a long chord bearing S 55° 11' 40" W at a distance of 1052.79 feet to a 3/4 -inch iron pipe set for the Point of Tangency, and 7) S 86° 57'25" W for a distance of 409.66 feet to a found 3/4 -inch iron pipe marling the southeast corner of the before -said Mesa Verde Drive, THENCE: N 01' 45'47" W along the east line of said Mesa Verde Drive for a distance of 100.02 feet to the POINT OF BEGINNING and containing 6.599 acres of land, more or less. I, Kevin R. McClure, Registered Professional Land Surveyor No. 5650, State of Texas, do herby certify to the best of my knowledge, information and belief, and in my professional opinion, that this survey is true and correct and agrees with a survey made on tt%g td under my supervision on July, 2016. See survey plat on Page 1 of 3 for additional information. 1 i� BRAZOS COUNTY COMMISSIONERS' COURT ACTION FORM DEPARTMENT Road and Bridge DEPT. NUMBER 56001000 DATE OF COURT MEETING: July 26, 2016 ITEM: Consider and take action on approval of Order No. 16-006 Authorizing a New Public Road in Brazos County, Texas be Laid Out and Opened, Precinct 1, Brazos County, Texas. SOURCE OF FUNDS: N/A NOTES/EXCEPTIONS: SUBMITTED BY: -Fw �')-L - , " � R. Alan Munger, P. . County Engineer CC2016 ACKNOWLEDGED BY: Commiss oner Lloyd Wassermann Precinct 1 This Request i ApprovedZ(or) Denied by Commissioners' Court Date: k E. Duane Peters, County Judge ORDER NO. 16-006 STATE OF TEXAS COUNTY OF 13RAZOS ORDER AUTHORIZIING A NEW PUBLIC ROAD IN BRAZOS COUNTY, TEXAS BE LAID OUT AND OPENED WHEREAS, the County is experiencing rapid population growth in Precinct 1; WHEREAS, a new roadway would be in the best interests of the citizens of the County; WHEREAS, Section 251.051 of the Texas Transportation Code provides the Commissioners' Court shall order that public roads be laid out, opened, discontinued, closed, abandoned, vacated or altered; NOW THEREFORE, the Commissioners' Court of Brazos County, Texas authorizes a new public roadway be laid out and opened in Precinct 1, Brazos County, Texas. APPROVED this 26`h day of July, 2016. E. Duane Peters County Judg Llo�assermann County Commissioner, Precinct 1 Kenny Mallard County Commissioner, Precinct 3 ATTEST: 6�� .0 &-a— art ?s-.---ar q McQueen Brazos Co n��k Vol. Pg. ,%� A BRAZOS COUNTY ROAD AND BRIDGE DEPARTMENT R. Alan Munger, PE, CFM, County Engineer Memorandum Date: July 20, 2016 To: Members of Brazos County Commissioners Court; Bill Ballard; Kendra Suh From: R. Alan Munger, P.E. RE: Need for New Roadway Due to population growth, many Brazos County roadways are experiencing more traffic than ever before. The Road & Bridge Department continues to react to and tackle these issues as best and as quick as possible. However, there is no more alarming example of growth's effect on an "old country road" than Arrington Road. In 2003, Arrington Road served Nantucket Subdivision ,Windham Ranch and Ross Margraves owned properties. William D. Fitch Parkway and Tower Point Developments were not in place. Today, Arrington Road carries in excess of 3500 vehicles per day within a ROW less than 50 feet wide in many places. The pavement is "tired" and narrow. The roadway needs to be widened to serve the growing traffic concerns. The ROW needed to widen the roadway is located within City of College Station. The amount of ROW needed for a 30' additional width is approximately 5.37 acres of premium South County property with estimated cost of $270,000 to acquire plus cost to relocate utilities and replace fence (which could easily escalate costs). Estimated costs for improvements to Arrington break down as follows: ROW........................................................................... $270,000 Utility Adjustments/Fencing............................................. $150,000 Roadway Construction (7800 LF of 3 Lane Roadway) ............ $1,547,000 Total (Estimated)..........................................................$1,967,000 This project was not included in FY 2017 Capital Budget due to its expense. We can very likely reduce traffic volumes on Arrington down to 1000-1200 vehicles per day and greatly ease current pressures in Nantucket Subdivision and South Oaks Drive (whom the Commissioners Court has met with previously) if we move forward with development of Mesa Verde Drive. Mesa Verde will provide quicker access to SH 6 for county residents. It will access the existing overpass to Texas World Speedway directly. It will benefit county residents in many ways. If the Commissioners Court chooses to accept the land donation for Mesa Verde Drive and proceed with development of plans for construction of Mesa Verde Drive, costs could be anticipated as follows: 2617 Highway 21 West Bryan, Texas 77803 Office (979)822-2127 / Fax (979)775-0453 Vol. �3� Pg1 ROW................................................................................$0 Utility Adjustments/Fencing....................................................$0 Roadway Design (incl Geotech, Topo Survey, Construction Documents) .............. $110,000 Roadway Construction (Contractor)(anticipate Frntg Rd Aux Turn LN) (2800 LF of 2 Lane Roadway transition to 4 lane at Frntg Road)(with 10% Contingency) ............$1,050,000 Total (Estimated).......................................................51,160,000 This alternative is $800,000 less expensive and it was included in departmental FY 17 Capital Roads Budget Plan. Secondarily, it provides Brazos County greater ability to negotiate with City of CS concerning future improvements to Arrington Road, as well as providing a great benefit to County residents by improving safety and commute times to Bryan and College Station. There are no existing residential driveways on Mesa Verde Drive from State Highway 6 to Indian Lakes Drive. Mesa Verde Drive has been included on Thoroughfare Plans for many years. Please let me know if you have any questions or concerns. Best regards, Alan E ��(%� Pg BRAZOS COUNTY, TEXAS BUDGET AVIENDMENT(S) FOR THE 2015-2016 BUDGET YEAR NO.15/16 43.1-43.6 On this the 26th day of July 2016 at a regular meeting of the Commissioners' Court, the following members were present: A. Duane Peters, County Judge, Presiding B. Lloyd Wassermann, Commissioner, Precinct 1 C. Sammy Catalena, Commissioner, Precinct 2 D. Kenny Mallard, Commissioner, Precinct 3 E. Irma Cauley, Commissioner, Precinct 4 F. Karen McQueen, County Clerk The following proceedings were held: THAT WHEREAS, on 26th day of July 2016 the Court heard and approved a budget amendment for the 2015-2016 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 8 September 2015, the following amendment(s) to the original budget are hereby authorized, as described on the attached page(s). ADOPTED AND APPROVED this the 26th day of July 2016. THE COABUSSIONERS COURT OF BRAZOS COUNTY, TEXAS. By: Duane Peters, County Ju g Original: County Clerk's Office and Attached to the original budget pg, Vol. ��� _ BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 15116 - 43.1 7/26/2016 FUNDI DIV I ACCT PROJ DR/CR ACCOUNT NAME Increase Decrease 0100 31050000 61110000 CR Conference & Seminar Fees 925.00 0100 31000100 67670000 DR Printers 925.00 Juvenile Title IV -E and Juvenile Services Reallocation of funds to purchase two colored printers. PROJ and BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 15116 - 43.2 7/26/2016 Pg._J`_� BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 15/16 -43.3 CR BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 15116 - 43.4 712612016 FUND DIV ACCT PROJ DRICRI ACCOUNT NAME Increase Decrease 0100 11001500 61130000 CR Contingency 71,000.00 0100 11020000 61020000 DR Autopsy 71,000.00 General Fund Contingency and Court Support - Civil Reallocation of funds to cover autopsy's for the remainder of FY 16. Vol. _ �✓WI Pg. �Q BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 15/16 -43.5 7/26/2016 FUND DIV ACCT PROJ DRICRI ACCOUNT NAME Increase Decrease 0100 14000200 71020000 CR I Computer Contracts 7,920.00 0100 14000200 60211000 DR Software - No Tag 7,920.00 IT Services Reallocation of funds to purchase 10 additional full user Laserfiche Licenses to distribute to county users. Vol. _ ` J� pg� III, 14000200 1 72 Services with our BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 15116 - 43.6 CR Decrease PERSONNEL 11 CHANGE OF STATUS REQUESTS Commissioner Court Date: July 26, 2016 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 County Attorney Cagle, Corey New Hire District Attorney Rogers, James Separation District Clerk Bowhay, Lauren New Hire Exposition Complex Kemp, Danny Separation Road and Bridge Carroll, Shelvin New Hire Watson, Billy Separation Sheriffs Office — Detention Bradley, Garrett Separation Johnson, Lorenzo New Hire Pace III, Lonnie New Hire Thomas, Elizabeth New Hire Tax Office Dahmer, Kathy Separation Approved in Commissioners' Court: July 26, 2016 1 County Judge's or Commissioner's Signature: (This Copy to be attached to minutes) Vol. _ oZ�� , P9•. �� ACCOUNTING PROCEDURES MANUAL GRANTS BRAZOS COUNTY, TEXAS ACCOUNTING PROCEDURES MANUAL GRANTS THE PURPOSE OF THIS POLICY AND RELATED PROCEDURE IS TO ESTABLISH AND STANDARDIZE ACCOUNTING FOR THE APPLICATION AND APPROVAL OF GRANTS. THE EFFECTIVE DATE OF THIS POLICY IS THE 1sT DAY OF OCTOBER 2012. This procedure prescribes the controls and accounting procedures to be followed for all grant requests by departments in Brazos County. This procedure applies equally to grants for local, state or federal funding. Grants may be defined as additional financial resources received from external (non -County) sources which are used to provide additional County services beyond the current County service level. Grants come in many forms and may require Commissioners Court approval at the time of the application, at the time of the award of the grant contract or both. The applying department is responsible for determining when Commissioners Court approval will be required and ensuring that the Auditor's office has one week to review the application or contract before it is placed on the Commissioners Court agenda for approval. PROCEDURES Grant Applications or Contracts Departments wishing to apply for grant funds, be it local, state or federal funding, are responsible for the grant application process. This process may include but not limited to providing a description of the project, gathering the necessary accounting information, defusing project measures, submitting the application to the grantor for processing and submitting for approval by the Commissioners Court. A. All grant applications/documents and awarded grant contracts along with a completed, Brazos County Grant Application Approval Form, must be forwarded to the Auditor's office for review prior to submission for Commissioners Court approval. The Auditor's office will review the application and/or grant contract for fiscal constraints and develop internal control and accounting procedures to meet the specific needs of the grant. Any budgetary constraints that may be placed on the County will be developed and Commissioners Court advised at this time. This may include local or other match required to fully execute the grant. B. Upon review by the Auditor's office, the grant application and/or contract may be submitted to County Judge's office for approval by Commissioners Court. ACCOUNTING PROCEDURES MANUAL GRANTS C. Once the grant application/contract is approved by Commissioners Court, the County Judge will sign on behalf of the County. The grant application/contract may be formally submitted once it has been approved by the Commissioners Court. The grantors' representative will sign for the granting agency. A copy of the fully executed grant agreement will be forwarded to the County Auditor's office. D. The Elected Official or Department Head, having received approval for a grant, must ensure that the Auditor's office is provided a copy of the accepted grant documents and accurate contact information for the submission of requests for funds and financial reporting. II. Department Responsibilities A. The department approved for grant funding is responsible for all project reporting to the grantor as stated in grant documents. B. The department will ensure that all grant expenses are in compliance with what was submitted on the application for the grant and allowed by the granting agency. C. The department will ensure that all grant expenses are in compliance with county policies, whether regarding payroll or purchasing policy. D. The department is responsible for providing documentation to the Auditor's office regarding any changes in scope to the grant originally applied for, including terms and expenditures. III. Auditor's Responsibilities A. Auditor's office is responsible for setting up the budget for approved grant funding. This may include a new grant division within fund 3000 or a project, if applicable. B. Auditor's office will provide guidance for accounting of expenses in compliance with the county policies. C. Auditor's office will assist in preparing budget amendments and journal entries, as applicable for the grant. D. Auditor's office is responsible for financial reporting on behalf of the grant. This may include monthly, quarterly, or annual reporting requirements as stated in the grant requirements. E. Auditor's office will maintain a grant file with all applicable financial information as required by the grant. F. The County Auditor will sign as fiscal officer for the County. VOL 0'- ACCOUNTING PROCEDURES MANUAL GRANTS II.Commodities A. Departments that receive commodities are required to report receipt of commodities to the County Auditor's office. B. The County is required to record the value of commodities received. The receiving Department is to report the following to the County Auditor's office: 1. Complete listing of the commodities received (receiving report), 2. Prices of the commodities received, and 3. Name and phone number for a contact person at the agency granting the commodities, if the first two items are not available. IIl. Requests for Funds A. All requests for grant funding will be transmitted through the County Auditor's office. B. The County Auditor's office will review the request for propriety and accuracy and promptly submit the request to the proper funding agency. At the time of submission, a receivable will be created, thereby matching revenues and expenditures in the proper periods. C DGED Duane Peters date County Judge FV = - f oi. _ T3