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2017-08-22 10:00 AM REGULAR MEETING
BRAZOS COUNTY BRYAN.TEXAS NOTICE OF MEETING AND AGENDA ' - - BRAZOS COUNTY COMMISSIONERS COURT THE COMMISSIONERS COURT OF BRAZOS COUNTY WILL MEET IN REGULAR SESSION ON AUGUST 22, 2017 AT 10:00 AM IN THE COMMISSIONERS COURTROOM OF THE COUNTY ADMINISTRATION BUILDING, 200 SOUTH TEXAS AVE.. SUITE 10n, BRYAN, TX 77803 I nvDa3tion and Piadae Df P.Ilepano3 -U.S. and 13X8_ -ia'� - Cha�iaini r.-:. Jon3S 31 :: JDm! l'.SSIOi 1�" lCaiaie c %. Call for Cirzen ii -IDLE andiDi con�ams Consider and take action on agenda items 3-s3: COnS3;l� t0=',SSIOnn13TI iiinSI , vi tna _COlO iiIIS �JBV3iOORlarli ==._7?3�ii3T. •23Le� Dacamdai 7 2C4 wit.. C� Sci3nca Parl:. LLC to OCC Coliaaa StabD-n �_arF,. L =i;Dproval o: `the ITBi-!_'J331 .��ra -18 R. �J?TW33i �i 1'C= CJU,'IR�., '.Jli'_Y OS i V3,':� and ICI?, Oi ColleOe STaJOn In SUDDD' Oi the 20 17 BV; -n3 JJ'STIC= t.SS13tai-Ce GFani PrDT-am'.. ,DDrDVa Oi Ja iD, L'aLIP3?5 :. nDroval L0 IOIr. t^aTexas or, 'oCiiT13S i-( 3itfl 3nT'=(i1DIJV:??. 5?l3Tl:S FJol (HC3P'l11•1%1 G for rneOlCai, 'x anc oanial cove.a-3c. /. Inie6OC8'a7iG3aT10i.4:3iaC e?S)isr=.SSOG3?10ri Oi C0UnT13S Haais anS=r?i1710Vea 3alaTftS i` 001 T, 8. Auteement anrvaail aXas Dacar mem Of PUDIIC Safaty ails' Br D- COUnT\' TOT :�onirolled S'J0S:31D3 ald NDod 310ohol ai 3iVSls Ji evldelOa su!) lltted DV 5riOS COUniv Law �nTOrCai'flan:. Proiessionai Sarv103S =1oreament derwaar, Ila -X..S �i£If !JniVarSITV 1a31Ti: ��IanCa Cant=, and 3r7oS COUnry fOr c Hyl P,4�• �SY aSSaSSrnant, 117. ADDroval OT COnOitiol gal lOr-rai13wa1 •Oi CDrita�T wtReriovO SoTiW3 i nC. S'1DJ3o' t0 ileOOCBIIOnS. ;Furt lw Co'-sioer ail0n will DaOt'7i Urn LJ C0iT7fTli3lOnai"S :�Gllr. TOi a:.tUOit, E. pg. Awafc' 071 C0n?raCi = %-JOU Uemoii➢on and FzemoVal of Resloeni{ai SMj--IJ?S. - .:ol'l.MUi t(t\ S.1?.--V:SIDF, anG CO�ieCL10nS Deoarmant • a. 'I :>=JUS L•.SSeSSiMenL _Val:;aLbJr ieaiTleill anC (--�Du-calm_ JervloaSi•.ii Sex ender< • b. J7� ASSBSSmeni, Evaluation. Treatment and Cour iCeibr-• SaW as 7101 S val:Sii SDeakers • C. 18-040 Assessment, -valuation, I reatmeni and CounC11n 2o Services i0r Mentai Heaitn and Substance Abuse 3. Renewal of Cont am i 8-018R Grit Tran Pumping vNith G & L Wastewater Services. LLC. 4. Renewal of Contract ` 18-0198 Grease Trap Pumping with G & L •\Yastewater SBr�9Ces, LLC. I r i ,al 'Pia'. of I no;an Lakes Subd\ sbr-., Pr lase n ' (20); LOS I - `, .33 --)CK 31 J.M. SaiTe2 Survey, A -OB; (College Sia➢on - j) -DraZOs County. T eXaS. Sire iS iocate'� In Precinct 1. 15, Tax Refund PApllcations for the following: • a. unive,—s t), Title - C vel Davmeni 8237.3? • C. Si .afof 1 F 3rliey - CvemaVmeni SD4.10i , • c. Ke•Ar, DUDe - C)VerDavmen? 1/.U00et .�'',enOrTten?s. 3udaet Amenoments F1' 1 S/ 17 41.1 - 47.E 8, Personnel Change of Staa s. Pesonnel Action FOm'S 1?. Pa�inento. Ciai�s. 2n Jnenii'S reDO' Ori In^iaic DOp UiaT1D'.. AnmunCemen- JIii �r esu, iiems air- ? :SSiDIS iUPJ'o a0en'C IJPICS. 22. Call for Citizen Input and/or conoems 23. ,',dlourr•.. Vol. '.5 I _pg_ g7 / FIJ3'.J:. CDM W, --NTS ?Jciic-.:arrram Burin_ fine'Somm:ssion Maevnc may be for al! rattersz. both on Enc otl the acende, an r_ iimnes t. lour ,'minutes oar Damon. persons are invite_c to su'omit comman`.s in vrmng on the aoancE items andlor attenC anc mare comrlemF a! the Commission mea5nc. Werinars of tn=_ Duuiic are re_mindac tna: the 3-azos Count, CDmmssionar- Court is a :.onsiwniona! Cou,::, Iwitil 'Doth iudlc;al and legisiativa aova_r created under t gicie \,,, Semlon t anc Section 18 of fne Teras Cansimiion. Fs a CDnEvvJtional Cour. the Bma—s Count}' CDrI'nI5510n2i5 CO'un also possesses the DD— t to issue a Comernpt of Cour. Citation under Sadlon ? : A2=. of the Texas Local Government Code. Axordingiy, meriers of in- puullc In attendance at ane Reauiar, Soec;al annior Hmergan , meeting of the Cau ; small conduct themselves vntm arooer ; eSDaci and da :Oruro in spaakiog to, and1y addressing the Cour; in paruhpatinc In Duan, riscussions before tae Cour; and In all actlors in the oresanc- of tie Cour Tnose_ members of tie Dubhc vno are 'caaaropmauly a.Jred andlor vvn, 0 do not conduct the t. e!w_s In an o. je. and aDDrDD,rat- manner lad'i be Dmerec to lea\,=_ the reeting.:iefwal io auidetoy the CDc"s Orser andiz trantinuec is, UDlion D- the meaunc maa result In a Conlemm Of Cour, Citation. P. Is no the 'mention of the Brazes County COmmI551Dne. s Cour to provide a pu'Dllc forum for the demeaning of any Individual or o;ODG. NeivnsI7 i5 h, the in -' of ME COJR to allow e Ym]er (or riame. S) of til£ D'JDtiz i- ins'il! ME iDnesN andlor mle_"IN D7 the Cour as a 'Dody, or any member or remuers of the .our, Dr County employees, Indlvidualiv or aDl aotivaiy. -' =Drdingic, Drofarl-, insujvm_ or tnreaterim ian OGags dlreote_ mvarO tart', DD.. 3nn107 3mv Da so, I III tnc r..D'Jr's Dresemae 3njl07 ;aaia'.. afanic or aandar shJrs or epitnes vrill no; be foie; alae. Vloiafmn Df these rules rray rsult In trrc followinc sanoiions: 1. nncallaiion of E Speakers time; _. removal from 'Is Commissioners C:Dur E ';amemDi'.ratior. amnio: �. sue,, other andlor a, irtinal sanctions as tnay as a'Jtnor�c !Inde- rn- Carrsmltla-St , atutes and', ojes of the Sae Oi legis. rlE ' D:Im➢' CORVn'SSIOne-S Cour Dari de11Y_;ale of tak- 3etlGr� DrllV f a mane; n.5 De'ar� lista_i or. a0 agennE oropartl' JDaIeC D, io- m fne rreatine. Dunne the pubiic comment De;'mC, speakers map address maters nog. fisted or. the publishes agenda. TIE 'Ja3L IJ13atmC -3w 3D3s no: '_�iaSsiy D mos rasa Drises 1 ou J11C =mS . -ne- my tn2 CAmm:Sslone.'E'CDu, 'nava', reS00nse5 rom fne '.Di rrl, Junge or COmmissbriars IO Ilhlsied DLIDIL' mnWj, toplDE DDWd 'DEDDmir Qe11Oe%ail0❑ on a matter WItm OLlt nOtl» iC [ile D'J]IIC. 1 G 9..^.SJfE tr15 O'J]IC b3'. rIpLID Of all m'a4e'S til-'-DmmsslOmerS :OJG W11I OD,^.5199!, t'lE ' OunC`' .tJO0`_ annior i:9mmiSslOners m3)' Oi1OD5e no, iD resp Drd IO pu Dil0 oomne RH, aX: eDi IG cOi lac: to Dtua InaCO'J; acl?S, Feat- aK'SiInC DDllev In resoonse 1c. as intlu!" o; Ic asl: t,.a: a matte- D-_ i!ste- an a future aoano2. Ya ..+s 'D:ra, Veatings k-'. �eDPDG �8S.D42, INVOC471ON Hm' Invocation fiat ray as one_rad berora fneoffIDi31 s:an of the Cour meetino shall be to anc for the Senefr. of ttn_ Coun. ne vieb5 D: DeIP'S e_)Oresec by u'la hwDoation speaker nave no'. beer: D, Viol:>I\' r evievec D' aDDfDva_' �D't tna '-DJri ans o0 not necessar III' ; enrese Di the rellgt0t s Drillers or vIeME Di the Conn in par. or as a Wn Die. 1�l my rimer of the Communitr' !s recirec t0 attar- 0' Oami0iaaie Ir: the InvDD3tiDri an' Su ;h da Oajor. `NII: nav- nD imaac: or. tnelr nam IC aGtivelc Parti r;3te In tn- D4'slness of me COW^-. Tne CDmmssmmers COurroom of the Counry:vjmin!staiion Buildlne, 2DO South Teras Hve_., Suite t Dc, Bryac, T:; 77K'. is Nnealzmalr a;Cassitis.. ;andiGae Darrino spa Ces are available. kny rep UeS, rot Sion mtemraliv- services must be mace rip morkine aays before "he rreetinc. To rake acanger—ns, ai-Ese Tali (578) 3SS11G2. P9-ia MINUTES AUGUST 22, 2017 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, August 22, 2017 with the following members of the Court present: Duane Peters, County Judge, Presiding; Steve Aldrich, Commissioner of Precinct 1; Sammy Catalena, Commissioner of Precinct 2; Nancy Berry, Commissioner of Precinct 3, Absent; Irma Cauley, Commissioner of Precinct 4; Karen McQueen, County Clerk. The attached sheets contain the names of the citizens and officials that were in attendance. Invocation and Pledge of Allegiance - U.S. and Texas Flag - Chaplain G.H. Jones and Commissioner Catalena Call for Citizen input and/or concerns There was no citizen's input. Consider and take action on agenda items 3-19: Consent to Assignment/Transfer of the Economic Development Agreement dated December 14, 2015 with CS Science Park, LLC to OGC College Station Park, LP. A copy of the assignment is attached. Vcf. �SC . _ Pg. Motion: Approve, Moved by Commissioner Irma Cauley, Seconded by Commissioner Steve Aldrich. Passed. 4-0. Ayes: Aldrich, Catalena, Cauley, Peters. Absent: Berry. Approval of the Inter -Local Agreement between Brazos County, City of Bryan, and City of College Station in support of the 2017 Byrne Justice Assistance Grant Program. A copy of the inter -local agreement is attached. Motion: Approve, Moved by Commissioner Sammy Catalena, Seconded by Commissioner Irma Cauley. Passed. 4-0. Ayes: Aldrich, Catalena, Cauley, Peters. Absent: Berry. Approval of Section 2.10.4 (e) - Insurance Coverage for Retirees This approval is for the addition of Section 2.10.4, (e) to the insurance coverage for retirees. A copy is attached. Motion: Approve, Moved by Commissioner Sammy Catalena, Seconded by Commissioner Steve Aldrich. Passed. 4-0. Ayes: Aldrich, Catalena, Cauley, Peters. Absent: Berry. 6. Approval to join the Texas Association of Counties Health and Employee Benefits Pool (HEBP)1/1/18 for medical, Rx and dental coverage. Motion: Approve, Moved by Commissioner Steve Aldrich, Seconded by Commissioner Irma Cauley. Passed. 4-0. Ayes: Aldrich, Catalena, Cauley, Peters. Absent: Berry. 7. 1 nterlocal Participation Agreement between Brazos County and the Texas Association of Counties Health and Employee Benefits Pool TAC (HEBP). A copy of the inter -local agreement is attached. Motion: Approve, Moved by Commissioner Steve Aldrich, Seconded by Commissioner Irma Cauley. Passed. 4-0. Ayes: Aldrich, Catalena, Cauley, Peters. Absent: Berry. 8. Agreement between Texas Department of Public Safety and Brazos County for controlled substance and blood alcohol analysis of evidence submitted by Brazos County Law Enforcement. A copy of the inter -local agreement is attached. Motion: Approve, Moved by Commissioner I rma Cauley, Seconded by Commissioner Sammy Catalena. Passed. 4-0. Ayes: Aldrich, Catalena, Cauley, Peters. Absent: Berry. 9. Professional Services Agreement between The Texas A&M University Health Science Center and Brazos County for a HI PAA risk assessment. I Vol. � p9, �5 A copy of the agreement is attached. Motion: Approve, Moved by Commissioner Irma Cauley, Seconded by Commissioner Steve Aldrich. Passed. 4-0. Ayes: Aldrich, Catalena, Cauley, Peters. Absent: Berry. 10. Approval of conditional non -renewal of contract with Renovo Software, I nc. subject to negotiations. Further consideration will be brought to Commisioner's Court for action. Jail Administrator Wayne Dicky stated that there were some issues with the current agreement. Mr. Dicky said he participated in a conference call that went well and is hopeful to resolve the issues. Motion: Approve, Moved by Commissioner Sammy Catalena, Seconded by Commissioner Irma Cauley. Passed. 4-0. Ayes: Aldrich, Catalena, Cauley, Peters. Absent: Berry. 11. Award of contract # 17-300 Demolition and Removal of Residential Structures. The Court voted unanimously to accept the recommendation of the Purchasing Agent and awarded Bid Contract 17-300 Removal of Residential Structures to TELS Construction. A copy of the bid tabulation is attached. Motion: Approve, Moved by Commissioner Sammy Catalena, Seconded by Commissioner Steve Aldrich. Passed. 4-0. Ayes: Aldrich, Catalena, Cauley, Peters. Absent: Berry. 12. Permission to advertise the following RFQ's for the Community Supervision and Corrections Department: • a. 18-004 Assessment, Evaluation, Treatment and Counceling Services for Sex Offenders • b. 18-006 Assessment, Evaluation, Treatment and Counceling Services for Spanish Speakers • c. 18-040 Assessment, Evaluation, Treatment and Counceling Services for Mental Health and Substance Abuse Motion: Approve, Moved by Commissioner Irma Cauley, Seconded by Commissioner Sammy Catalena. Passed. 4-0. Ayes: Aldrich, Catalena, Cauley, Peters. Absent: Berry. 13. Renewal of Contract # 18-018R Grit Trap Pumping with G & L Wastewater Services, LLC. A copy of the renewal of contract is attached. Motion: Approve, Moved by Commissioner Sammy Catalena, Seconded by Commissioner Steve Aldrich. Passed. 4-0. Ayes: Aldrich, Catalena, Cauley, Peters. Absent: Berry. 14. Renewal of contract # 18-019R Grease Trap Pumping with G & L Wastewater Services, LLC. A copy of the renewal of contract is attached. Motion: Approve, Moved by Commissioner Sammy Catalena, Seconded by Commissioner Steve Aldrich. Passed. 4-0. Ayes: Aldrich, Catalena, Cauley, Peters. Absent: Berry. 15. Final Plat of Indian Lakes Subdivision, Phase XX (20); Lots 1-3, Block 31; 4.111 Acres; J.M. Barrera Survey, A-69; (College Station ETJ) Brazos County, Texas. Site is located in Precinct 1. Motion: Approve, Moved by Commissioner Steve Aldrich, Seconded by Commissioner Irma Cauley. Passed. 4-0. Ayes: Aldrich, Catalena, Cauley, Peters. Absent: Berry. 16. Tax Refund Applications for the following: • a. University Title -Overpayment $237.39 • b. Sharon Farley -Overpayment $54.03 • c. Kevin Dube -Overpayment $33.64 Motion: Approve, Moved by Commissioner Irma Cauley, Seconded by Commissioner Steve Aldrich. Passed. 4-0. Ayes: Aldrich, Catalena, Cauley, Peters. Absent: Berry. 17. Budget Amendments. Budget Amendments FY 16/17 47.1 -47.5 47.1 Transfer funds from Non -Departmental to County Treasurer. 47.2 Transfer funds from Non -Departmental to Information Technology. 47.3 Reallocate funds for Records Management. 47.4 Reallocate funds for Sheriff's Office. 47.5 Transfer funds from General Capital Projects to County Court at Law No.1, County Court at Law No.2, Associate Court No.2, and Non -Departmental. Motion: Approve, Moved by Commissioner Sammy Catalena, Seconded by Commissioner Steve Aldrich. Other. 4-0. Ayes: Aldrich, Catalena, Cauley, Peters. Absent: Berry. 18. Personnel Change of Status. Personnel Action Forms Commissioner Cauley offered a motion to approve the Personnel Change of Status requests with the correction of the effective date for Melinda Brown to be August 19, 2017 and the removal of Leslie Davis. The motion was seconded by Commissioner Aldrich and passed unanimously. A copy of the Personnel Change of Status requests is attached. Motion: Approve w/ Conditions, Moved by Commissioner Irma Cauley, Seconded by Commissioner Steve Aldrich. Passed. 4-0. Ayes: Aldrich, Catalena, Cauley, Peters, Absent: Berry. 19. Payment of Claims. Claims 7158653-7158820 Motion: Approve, Moved by Commissioner Sammy Catalena, Seconded by Commissioner Steve Aldrich. Passed. 4-0. Ayes: Aldrich, Catalena, Cauley, Peters. Absent: Berry. 20. Sheriff's report on inmate population. Sheriff Chris Kirk introduced to the Court Dayana Borges as the new Re -Entry Specialist. Sheriff Kirk also announced that there were 687 inmates in jail, 586 inmates are male and 101 are female, 35 have electronic monitors and 18 are pending for monitors. 21. Announcement of interest items and possible future agenda topics. Commissioner Aldrich announced that he is looking forward to spending the rest of the week in Austin attending the Texas Association of Counties Legislative Conference. 22. Call for Citizen input and/or concerns Judge Peters introduced Diana Miller as the nurse for the new employee clinic. Judge Peters said the clinic should open in October. 23. Adjourn. The foregoing minutes of the Commissioners Court meeting held August 22, 2017 have been examined and are approved in open Court this t * day of Q , 2017, in Bryan, Brazos County, Texas. I I LD�= —'yC�� Duane Peters Steve Aldrich County Judge Commissioner, Precinct 1 S my Catal a Commissio er, Precinct 2 Commissioner, Precinct 4 Attest: f%/ '%? 614 t Kareri McQueen County Clerk Nancy Berryv Commissioner, Precinct 3 vol. Pg. BRAZOSCOUNTY. CONMSSIONER'S COURT a224DAY OF , AWS Name PRLNT7 �IRA%,jj- /IAX7iNCU. _ )DA6 -(r- 5cf/47A:.- �iana j,'t,1iPr 20 Organization (PEASE PRNTT) n l-2.1 cl-rilly E we�Qrcar Cj nic PE I Z F -t- /3 s o ��Sv BRAZOS COL�TY COIvMSSIO?TER'S COURT ,�.�.�-DAY OF 20),7 Name (PLEASE PRINT Jvl-l.C r4MPP cL Organization (PLEASE PRINT I CONSENT TO ASSIGNMENT/TRANSFER This Consent to Assignment/Transfer is given this day of 2017. All capitalized terms not defined herein have the meanings ascribed to them in the DA (defined below). RECITALS 1. Brazos County, Texas and CS Science Park, LLC ("CSSP") entered an Economic Development Agreement dated December 14, 2015 concerning the Property (the "EDA"). 2. On October 11, 2016, CSSP sold the Property to OGG College Station Park, LP ("OGC") and assigned all rights and obligations under the EDA to OGG. 3. On October 11, 2016, OGG sold 10.97 acres of the Property to OGG Park Retail I, LLC ("OGC Park") for the development of three retail pad sites consistent with the City of College Station Comprehensive Plan and rezoning of the Property and with the Target Uses identified in the EDA for parcels adjacent to Earl Rudder Freeway. 4. OGG Park has contracted to sell Lot 2, Block 1, Science Park Subdivision (the "Academy Tract") in the fall of 2017 and the Buyer will agree to be bound by Article V of the EDA as required by Section 5.8 of the EDA. The County hereby consents: (1) to the transfer of the Property and the related assignment of the EDA as described above and the transfer of the 10.97 Acre Tract; and (2) to the sale of the Academy Tract provided the requirements of Section 5.8 of the EDA are met. This consent is given pursuant to Sections 4.4 and 9.8 of the EDA. COUNTY By: -t-, Name: Title: STATE OF TEXAS COUNTY OF BRAZOS This instrument was acknowledged before me on the day of Com" 2017 by of BRAZOS COUNTY, TEXAS. "^�a-,, DONALD LAMPO Notary Public, State o Texas �n7 Not( ry Public. State of Texas `!`•./�.'°e My Commission Expires 30, 2019 (00491612 2} Vol..y� EXECUTED this the ATTEST: Secretary STATE OF TEXAS § § COUNTY OF BRAZOS day of 2017 by CITY OF COLLEGE STATION. CITY OF COLLEGE STATION By: Mayor APPROVED: City Manager City Attorney Assistant City Attorney/ CFO ACKNOWLEDGEMENT BEFORE ME, the undersigned authority, a Notary Public in and for the State of Texas, on this day personally appeared KARL MOONEY, Mayor of College Station, Texas, known to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that he executed it for the purpose and consideration therein expressed, and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAT, OF OFFICE this day of A.D. 2017. Notary Public, State of Texas My Commission Expires: Vol. �7 r q. gAd EXECUTED this the � day of2017 by BRAZOS COUNTY. By: ATTEST: ) 2�LL° L/ Karen McQueen County Clerk COUNTY OF B OS .y DUANE PETERS ACKNOWLEDGEMENT STATE OF TEXAS § COUNTY OF BRAZOS BEFORE ME, the undersigned authority, a Notary Public in and for the State of Texas, on this day personally appeared DUANE PETERS, County Judge of Brazos County, Texas, known to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that he executed it for the purpose and consideration therein expressed, and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE this day of A.D. 2017. Notary Public, State of Texas My Commission Expires: _ 5 2.10.4 INSURANCE COVERAGE FOR RETIREES (a) retirement All full time employees who were hired prior to August 30, 2011 and who retire from Brazos County are eligible to retain the same medical and dental insurance coverage, on a contributory basis, that the Retiree, as defined below, had immediately prior to his or her retirement date, subject to the requirements stated herein. In order to retain said medical and dental insurance on a contributory basis, Retirees must have eight (8) or more years of cumulative service with Brazos County, which must have begun prior to August 30, 2011. Retirees must pay to Brazos County, or a designee of Brazos County, on a monthly basis, an amount equivalent to that which current employees pay for medical and dental insurance ("Retiree Contribution"). The Retiree Contribution may be adjusted from time to time to account for any changes in insurance policy premiums, but shall remain consistent with the contribution of all current employees enrolled in equivalent medical and dental insurance plans. Brazos County will contribute an amount that is equivalent to that which Brazos County pays for medical and dental insurance for current employees ("County Contribution"). For this Section 2.10.4, a retiree is defined as a full time active Brazos County employee who retires and meets the criteria set by Brazos County and Texas County and District Retirement System for retirement ("Retiree'). All Retiree medical and dental insurance is subject to approval and funding by the Brazos County Commissioner's Court. (b) Retiree Insurance Coverage for employees hired prior to August 30, 2011 with less than eight (8) years of cumulative service with Brazos County at retirement All full time employees who were hired prior to August 30, 2011 and who retire with less than eight (8) years of cumulative service with Brazos County will be eligible to receive the same medical and dental insurance coverage said Retiree had immediately prior to his or her retirement date, but the Retiree shall pay the entire premium for said medical and dental insurance coverage in full, and there shall be no contribution made by Brazos County. The Retiree's required medical and dental insurance premium payment will be based on actual plan cost at the time of retirement and shall be adjusted from time to time based on actual plan cost as determined by the Brazos County Commissioner's Court. All payments for medical and dental insurance by Retirees will be paid to Brazos County, or a designee of Brazos County. All Retiree medical and dental insurance is subject to approval and funding by the Brazos County Commissioner's Court. Val, a �wPg. �� �� (c) Retiree Insurance Coverage for employees hired on or after August 30, 2011 All full time employees who are hired on or after August 30, 2011 and who retire from Brazos County will be eligible to receive the same medical and dental insurance coverage said Retiree had immediately prior to his or her retirement date, but the Retiree shall pay the entire premium for said medical and dental insurance coverage in full, and there shall be no contribution made by Brazos County. The Retiree's required medical and dental insurance premium payment will be based on actual plan cost at the time of retirement and shall be adjusted from time to time based on actual plan cost as determined by the Brazos County Commissioner's Court. All payments for medical and dental insurance by Retirees will be paid to Brazos County, or a designee of Brazos County. All Retiree medical and dental insurance is subject to approval and funding by the Brazos County Commissioner's Court. (d) For purposes of Section 2.10.4, Insurance Coverage for Retirees, if an employee leaves employment with Brazos County after August 30, 2011 and returns at a later date, he or she will be treated as a new hire and will not be eligible to receive the County Contribution towards his or her medical or dental insurance at the time of retirement. (e) In the event medical insurance coverage and/or dental insurance coverage is discontinued or declined on a Retiree, and/or Retiree's spouse of dependent, the Retiree, Retiree's spouse or dependent is prohibited from adding medical insurance coverage and/or dental insurance coverage at a subsequent date. This prohibition is required by the Texas Local Government Code, Sec. 175.002(c). (f) Changes made to Section 2.10.4, Insurance Coverage for Retirees are not retroactive. APPROVED .,. aa111 Duane Peters Date County Judge Vol. Pg. pssa� Gg ToTEXAS ASSOCIATION Of COUNTIES *HEALTH AND EMPLOYEE BENEFITS POOL INTERLOCAL PARTICIPATION AGREEMENT This Interlocal Participation Agreement (the "Agreement") is made by and between Brazos County, a political subdivision of the State of Texas (the "Member'), acting through its [COMMISSIONERS' COURT OR OTHER GOVERNING BODY], and the Texas Association of Counties Health and Employee Benefits Pool ("HEBP"), as authorized by the Texas Interlocal Cooperation Act (TEx. GOVT CODE, Chapter 791) ("Interlocal Cooperation Act", acting on its own behalf and on behalf of each other political subdivision having membership in the HEBP. 1. RECITALS 1.1 The Member is a political subdivision of the State of Texas as defined in the Texas Political Subdivision Employees Uniform Group Benefits Act (TEX. LOC. GOVT CODE, Chapter 172) ("Group Benefits Act"). 1.2 As a political subdivision of the State of Texas, the Member performs certain governmental functions and services as those terms are defined under Interlocal Cooperation Act § 791.003. 1.3 The Member desires to contract with HEBP to obtain one or more of the following, as indicated by Member on Attachment A to this Agreement, which is incorporated herein: 1) health and employee benefit plans and administrative services relating to health and employee benefit plans for its officials, employees, and retirees, and their eligible dependents, including accident, health, dental, life, disability and other appropriate coverages; 2) administrative services or stop -loss coverage in support of Member's self-funded health and employee benefits plan; 3) the benefits available to retirees of the Member through the County Choice Silver Program or other similar programs; 4) Affordable Care Act Reporting and Tracking Services (ARTS); and 5) such other related programs as HEBP's board of trustees determines to make available to members of HEBP. 1.4 The Member acknowledges that this Agreement is a contract with HEBP and each political subdivision that is a member of HEBP and that HEBP Pg. may contract with other political subdivisions wishing to participate, at the discretion of HEBP. 1.5 The Member's governing body has agreed to the terms and conditions of this Agreement and has acted by majority vote, at a duly called and posted public meeting, to authorize the execution of this Agreement and participation in HEBP. 2. AGREEMENT 2.1 Entry Into HEBP. For and in consideration of the mutual agreements set forth in this Agreement, and other good and valuable consideration, the Member enters into this Agreement for the purpose of joining HEBP, to achieve efficiencies and economies of scale in connection with the provision of one or more of the programs or services listed in paragraph 1.3 above. 2.2 HEBP Not an Insurer. HEBP is not an insurer. All benefits and related services provided by HEBP are authorized pursuant to the Group Benefits Act, the Interlocal Cooperation Act, and other applicable Texas law. 2.3 Administrative Contract with the Texas Association of Counties. HEBP has contracted with the Texas Association of Counties ("TAC") to administer the business and operations of HEBP and supervise the performance of the Agreement. 3. TERMS AND CONDITIONS 3.1 Term and Termination. This term of this Agreement shall be for one year, commencing as of the date of execution by the second party to sign the Agreement. This Agreement shall be automatically renewed annually for an additional one-year term without the necessity of any action by the parties other than payment of the appropriate premium or contribution. Either party may elect not to renew this Agreement by giving written notice not less than 30 days before the end of the original term or any renewal term. 3.2 Agreement Binds Members. Each Member agrees to be bound by this Agreement and HEBP's Bylaws, policies and procedures, which collectively establish the conditions for membership in HEBP. HEBP's Bylaws are incorporated by reference and made a part of this Agreement for all purposes as if fully set out, except that Articles III(E), IX(B), and XV(B) shall apply to members that obtain only administrative services, County Choice Silver benefits, or ARTS services from HEBP only to the TAC HEBP Member Interlocal 2 Authorized February 26, 2014 Vol. � � , P9• 7 extent the Member's contributions contribute to any surplus that may be distributed. Any amendment to the Bylaws becomes binding on the Member immediately upon its adoption. 3.3 Benefit Plans. For a Member that participates in the pooled HEBP's health and employee benefits plan, HEBP will make available health and employee benefit plans for the officials, employees, retirees, and eligible dependents of the Member, including accident, health, dental, life, disability and other appropriate coverages ("Benefit Plans'). HEBP will provide all benefits under the authority of the laws of the State of Texas, including the Group Benefits Act and the Interlocal Cooperation Act. Each Member will adopt its own Benefit Plan from those made available by HEBP. The Member's Benefit Plan may combine insured, self-insured, and pooled liabilities. For a Member that does not participate in HEBP's pooled health and employee benefits plan, HEBP shall make available administrative services, stop—loss coverage, County Choice Silver or other retiree benefits, ARTS services and other benefits and services as the board of trustees determines to make available. 3.4 HEBP Procedures and Bylaws. Every Member shall furnish all the information that HEBP deems necessary and useful for the purposes of this Agreement and shall abide by the procedures and Bylaws adopted for the administration of the Benefit Plans. 3.5 Third -Party Administrator. HEBP may contract with one or more third - party administrators. 3.6 Payments and Conditions. Payments and contributions shall be made by the Member to HEBP at Austin, Travis County, Texas on the dates and in such amounts as HEBP requires. Interest, beginning the first day after the due date and continuing until paid, shall accrue at the maximum rate allowed by law on the balance of any payment or contribution not paid when due. Contributions and other payments received by HEBP from its Members will be held and managed for the benefit of the Members of the Pool, not the individual officials, employees, retirees of a Member, or the dependents of these officials, employees or retirees. 3.7 Insurance and Reinsurance. HEBP may purchase insurance, stop loss or excess loss coverage, and reinsurance as provided by law, and each Member is subject to the terms and conditions of HEBP's insurance, stop loss or excess loss coverage, or reinsurance. A self-insured Member that TAC HEBP Member Interlocal 3 Authorized February 26, 2014 pg. _v�G obtain administrative services only will obtain stop -loss coverage from or through HEBP. If HEBP is unable to provide appropriate coverage, the Member will obtain other stop -loss coverage that is satisfactory to HEBP. 3.8 Coordinators. Each Member shall appoint, and designate in the space provided below, a Pool Coordinator of department head rank or above. Each Member agrees that HEBP is not required to contact or provide notices to any person other than the Pool Coordinator. Any notice to a Member's Pool Coordinator related to service or a claim under this Agreement is binding on the Member. Each Member may change its Pool Coordinator at any time by giving written notice to HEBP. 3.9 Audits. HEBP will be audited annually by an independent certified public accountant, and the audit will be filed as required by the laws of the State of Texas including the Group Benefits Act. 3.10 Plan Administrator. HEBP will serve as the plan administrator, as defined by the Health Insurance Portability and Accountability Act, for a Member participating in the pooled health and employee Benefits Plan. Each self- insured Member will serve as its own plan administrator, retains the right, duties and privileges of the plan administrator and acknowledges it has responsibility for compliance with all state and federal laws applicable to employee benefits for its employees and plan participants. 3.11 Self -Insured Member Responsibility. Each Member acknowledges that, to the extent its Benefit Plan is self-insured, it remains responsible for the payment of benefits under the Benefit Plan if HEBP fails to make payments. 3.12 ARTS Participant Responsibility. A Member who participates in the ARTS Program is responsible for providing HEBP with detailed payroll information, including leave of absence, and health benefits information for each full time employee. HEBP is not responsible for verification of information provided by or on behalf of a Member under the ARTS Program. Each participating Member acknowledges that it remains responsible for the accuracy of the information provided to HEBP, and for any fines, penalties, or damages resulting from reports generated from the information. 4. ADMINISTRATIVE PROVISIONS 4.1 Amendment. This Agreement may only be amended or modified by written agreement signed by the parties, or as otherwise provided under this Agreement. TAC HEBP Member Interlocal 4 Authorized February 26, 2014 4.2 Applicable Law. This Agreement is entered into, is executed and is totally performable in the State of Texas, County of Travis, and all questions pertaining to its validity or construction shall be determined in accordance with the laws of the State of Texas. 4.3 Acts of Forbearance. No act of forbearance on the part of either party to enforce any of the provisions of this Agreement shall be construed as a modification of this Agreement, nor shall the failure of any party to exercise any right or privilege be considered as a waiver of that right or privilege. 4.4 Notices. Any notice required to be given or payment required to be made to HEBP shall be deemed properly sent if addressed to: Texas Association of Counties Health and Employee Benefits Pool Attention: Director, Health and Benefits Services Department 1210 San Antonio Austin, Texas 78701 and deposited in the United States mail with proper postage. HEBP may change its address by giving notice to the Members. The terms of a Member's Benefit Plan govern submission of any notice regarding claims under a Member's coverages. 4.5 Effect of Partial Invalidity; Venue. If any part of this Agreement is declared invalid, void or unenforceable, the remaining parts and provisions shall continue in full force and effect. The parties agree that venue for any dispute arising under the terms of this Agreement shall be in state district court in Austin, Travis County, Texas. 4.6 Exclusive Right to Enforce. HEBP and the Member have the exclusive right to bring suit to enforce this Agreement, and no other party may bring suit, as a third -party beneficiary or otherwise, to enforce this Agreement. TAC HEBP Member Interlocal 5 Authorized February 26, 2014 EXECUTION IN WITNESS WHEREOF, we hereunto affix our signatures as of the date indicated below. TEXAS ASSOCIATION OF COUNTIES HEALTH AND EMPLOYEE BENEFITS POOL Executive Director, Texas Association of Counties Date: August 17, 2017 MEMBER'S POOL COORDINATOR Name: Address: Phone Number: E -Mail Address: TAC HEBP Member Interlocal MEMBER By: D via_ Pers Printed Name: ` Title: II �1 Date: 6 Authorized February 26, 2014 ATTACHMENT A The Member must select the HEBP services that it will obtain through its membership in HEBP. Please indicate your choices by checking the appropriate box. ❑ A. Pooled Coverage [You may also select services under D and E, below. Do not select services under B and C, below.] The Member will participate in the pooled HEBP health and employee benefits plan. HEBP will provide health and employee benefit plans for the Member's officials, employees, retirees, and eligible dependents, that may include accident, health, dental, disability and other appropriate coverages. Member will adopt its own Benefit Plan from those made available by HEBP. HEBP will provide administrative and other necessary services in support of the Benefit Plan chosen by the Member. ® B. Administrative Services [Do not select this box if you selected option A, above. You may select any of the services below.] The Member has established its own self-funded health and employee benefits plan for its officials, employees, retirees and their eligible dependents. The Member does not want to participate in the pooled HEBP health and employee Benefits Plans, but will obtain from HEBP administrative services in support of Member's self-funded Benefits Plan. HEBP will provide these administrative services under the terms of the Administrative Services Agreement between HEBP and the Member, attached as Exhibit 1 if applicable. ❑ C. Stop -Loss Coverage [Do not select this box if you selected option A, above. If you select this option C, you MUST also select option B, above. You may also select services under D or E, below.] The Member has established a fund to provide its own health and employee benefits plan for its officials, employees, retirees and their eligible dependents. TAC HEBP Member Interlocal 7 Authorized February 26, 2014 The Member does not want to participate in the pooled HEBP health and employee benefits plan, but will obtain from HEBP stop -loss coverage in support of its self-funded Plan. HEBP will provide stop -loss coverage to Member pursuant to the terms of the Stop -Loss Coverage Agreement between Member and HEBP, attached as Exhibit 2 if applicable. ❑ D. Retiree Health Benefit Plans [You may select this option in addition to any other service.] The Member will participate in the retiree medical program for Medicare eligible retirees of a Member, according to the terms agreed to by Member and HEBP, as described in the Retiree Benefit Plan attached as Exhibit 3 if applicable. ® E. ACA Reporting and Tracking Service (ARTS) [You may select this option in addition to any other service.] The Member will participate in the Affordable Care Act (ACA) Reporting and Tracking Service Program, which provides reporting specific to the Member's employees regarding various ACA rules and thresholds, and produces related annual forms required by the Internal Revenue Code, based on data submitted to HEBP by Member, according to the terms and pricing agreed to by Member and HEBP, attached. As Exhibit 4, if applicable. TAC HEBP Member Interlocal 8 Authorized February 26, 2014 i THE STATE OF TEXAS COUNTY OF BRAZOS INTERLOCAL COOPERATION AGREEMENT THIS AGREEMENT is entered into by the between the Agencies shown below as Contracting Parties, pursuant to the authority granted and in compliance with the provisions of the Interlocal Cooperation Act, Texas Government Code, Chapter 791. I. CONTRACTING PARTIES: A. The Receiving Agency: BRAZOS COUNTY B. The Performing Agency: Texas Department of Public Safety II. STATEMENT OF SERVICES TO BE PERFORMED: A. The Crime Laboratory Service of the Texas Department of Public Safety (DPS) shall provide controlled substance and blood alcohol analysis of evidence submitted by BRAZOS COUNTY Law Enforcement. DPS shall in its discretion assign the services of two (2) full time equivalent (FTEs) to perform analysis under this Agreement. The FTEs shall be employees of DPS. DPS shall attempt to provide a thirty (30) calendar day or less turn -around time, from the date of submission to the DPS Laboratory, for controlled substance and blood alcohol cases. The assigned DPS FTEs shall work on BRAZOS COUNTY cases awaiting controlled substance or blood alcohol analysis before examining evidence from other agencies, as long as this Agreement is in place. DPS shall in its discretion assign the FTEs other work if there are no services required under this Agreement within the parameters of DPS Crime Laboratory policies and procedures. Case submissions by BRAZOS COUNTY will not exceed 80 cases per month (controlled substance) and 240 cases per month (blood alcohol) under this agreement. B. DPS recognizes that BRAZOS COUNTY has a backlog of controlled substance and blood alcohol cases that require analysis. Until the FTEs can be hired and fully trained to perform independent casework (approximately 6 months) under this Agreement, DPS shall provide analysis utilizing current personnel. C. BRAZOS COUNTY shall ensure that a valid subpoena is issued to any DPS Laboratory analyst needed for court testimony with at least two (2) weeks prior notice when available. D. BRAZOS COUNTY will not be responsible for paying any fees or costs associated with testimony given in any judicial proceeding in connection with services provided by DPS pursuant to the provisions of this Agreement. Page 1 of 6 TXDPS PPP -1 No. 1;25Z �U I ` I E. Cases submitted to DPS from BRAZOS COUNTY under this Agreement will not be outsourced to a lab outside of the DPS Laboratory System for analysis. III. BASIS FOR CALCULATING REIMBURSABLE COSTS: A. This is a cost reimbursement Agreement. BRAZOS COUNTY shall pay for the salary, benefits, and training of the FTEs identified in Section II (A) in an amount not to exceed those identified in the attached schedule (Exhibit A). BRAZOS COUNTY shall pay for operating and equipment and administrative expenses in an amount not to exceed that identified in Exhibit A. BRAZOS COUNTY shall pay for overtime for backlog cases in an amount not to exceed that identified in Exhibit A (OPTIONAL, would require adjustment to Exhibit A if requested). IV. CONTRACT AMOUNT: A. The total amount of this Agreement will not exceed $318,005.50 and is broken down by fiscal year in accordance with the amounts listed below and further identified in Exhibit A: FY 18 - $154,171.19 FY 19 - $163,834.32 V. PAYMENT FOR SERVICES: A. BRAZOS COUNTY shall remit to DPS via interagency transaction voucher all DPS' costs for performing the services as identified in Exhibit A for the FTEs assigned to this Agreement. B. BRAZOS COUNTY shall pay for services received from appropriation items or accounts of BRAZOS COUNTY from which like expenditures would normally be paid, based on vouchers drawn by BRAZOS COUNTY payable to DPS. B. DPS shall submit invoices on the tenth (10`h) day of each month to BRAZOS COUNTY, detailing all fees for services provided in the preceding month under this Agreement. Said invoices will be submitted electronically to BRAZOS COUNTY in Adobe PDF accompanied by a breakdown of the services and fees reflected in the invoices in Microsoft Excel format. BRAZOS COUNTY shall pay DPS the invoiced fees within thirty (30) calendar days of receipt of the invoice, so long as the amount invoiced has been invoiced pursuant to the provisions of this Agreement. C. Payments received by the Performing Agency will be credited to its current appropriation item(s) or account(s) from which the expenditures of that character were originally made. V. TERM OF AGREEMENT: Page 2 of 6 TXDPS PPP -1 No. Vol. - - _ Pg. Ute' A. This Agreement will commence upon execution by both parties and will terminate 9/1/2019. VI. GENERAL TERMS AND CONDITIONS: A. Termination for Convenience: This Agreement may be terminated by either party upon service of written notice of termination upon the other party no later than one hundred and twenty (120) calendar days prior to the expiration of such term. In the event of such termination, any amounts due to DPS for services provided up to and including the date of termination will be due and payable. In no event will termination under this section by either party give rise to any liability whatsoever on the part of the terminating party. B. Dispute Resolution: The parties shall use the dispute resolution process provided in Chapter 2260 of the Texas Government Code to resolve any disputes under this Agreement. C. Funding Out: DPS is a state agency whose authority and appropriations are subject to the actions of the Texas Legislature and the United States Congress. If DPS and/or the subject matter of this Agreement become subject to a legislative or regulatory change, the revocation of statutory or regulatory authority, or lack of appropriated funds which would render the performance to be provided under this Agreement impossible, unnecessary, void, or substantially amended, DPS may immediately terminate this Agreement without penalty to, or any liability whatsoever on the part of DPS, the State of Texas, and the United States. Termination under this section is immediate. D. No Joint Enterprise: The provisions of this Agreement are not intended to create, nor will they in any way be construed to create a joint venture, a partnership, or to create the relationships of an employer-employee or principal -agent, or to otherwise create any liability for the parties whatsoever with respect to the parties' indebtedness, liabilities, and obligations. E. Non -Incorporation: This Agreement constitutes the entire agreement between the parties with regard to the matters made the subject of this Agreement. There are no verbal representations, inducements, agreements, or understandings between the parties other than those specifically set forth herein. F. Amendments: No modifications, amendments or supplements to, or waivers of, any provision of this Agreement will be valid unless made in writing and signed by both parties to this Agreement. G. Force Maieure: Neither party shall be liable to the other for any default or delay in the performance of its obligations under this Agreement caused by force majeure, provided the party seeking to be excused .has prudently and promptly acted to take any and all reasonable corrective measures that are within the party's control. Force majeure is Page 3 of 6 TXDPS PPP -1 No. Vol. CSA pg. I defined as those causes beyond the control of the party required to perform that are generally recognized under Texas law as a force majeure event, such as acts of God, unusual weather conditions, fire, riots, sabotage, acts of domestic or foreign terrorism, or any other cause beyond the reasonable control of such party. H. Governing Law and Venue: This Agreement will be construed under and in accordance with the laws of the State of Texas. Except as otherwise provided by Chapter 2260 of the Texas Government Code, venue for any litigation between the parties will be Travis County, Texas. I. Severability: If any provision of this Agreement is held to be invalid, unenforceable, or illegal in any respect, such provision will be fully severable, and the remainder of this Agreement will remain valid and in full force and effect. J. Notice: Any notice required or permitted under this Agreement will be in writing and will be directed to the parties as designated below and will be deemed given: (1) when delivered in hand and a receipt granted; (2) when received if sent by certified mail, return receipt requested; (3) upon three business days after deposit in the United States mail; or (4) when received if sent by confirmed facsimile or confirmed email: If to the Performing Agency: Texas Department of Public Safety Law Enforcement Support, Crime Laboratory Service Attn: Brady Mills 5800 Guadalupe Austin, Texas 78752 Telephone: (512) 424-7151 Email: Brady.MiIls@dps.texas.gov If to the Receiving Agency: Brazos County Attorney Attn: Bruce Erratt 300 E. 26`h Street, Suite 1300 Bryan, TX 77803 Telephone: 979-361-4472 Email: Berratt@brazoscountytx.gov Either of the parties may change its address or designated individual(s) to receive notices by giving the other party written notice as provided herein, specifying the new address and/or individual and the date upon which it will become effective. Page 4 of 6 TXDPS PPP -1 No. THE UNDERSIGNED CONTRACTING PARTIES do hereby certify that, (1) each party paying for the performance of governmental functions or services shall make those payments from current revenues available to the paying party; (2) this Agreement is authorized by the governing body of the Receiving Agency; and (3) the parties have the authority to enter into this Agreement. The Receiving Agency is a local government of the State of Texas and the Performing Agency is an agency of the State of Texas and both parties have the authority to enter into an Interlocal Agreement pursuant to Section 791.011. RECEIVING AGENCY BRAZOS COUNTY PERFORMING AGENCY Texas Department of Public Safety NAME TDkW-Y)2 P6165 Robert J. Bodisch, Sr. TITLE Couj Deputy Director J J Homeland Security and Services Date Date Page 5 of 6 TXDPS PPP -1 No. EXHIBIT A ESTIMATED SALARY AND BENEFITS Annual Total Contract Total Page 6 of 6 TXDPS PPP -1 No. $154,171.19 $163,834.32 $318,005.50 Vol. Pg. 7�✓ Year1 Year2 FS II FS II Forensic Scientist II salary $3,861.55 $4,324.93 Number of FTEs 2 2 Base Salaries $92,677.20 $103,798.32 Benefits @ 29% of salary $26,876.39 $30,101.51 TOTAL SALARY AND BENEFITS $119,553.59 $133,899.83 Estimated Annual training costs $1,000.00 $1,000.00 Operating and equipment expense $31,353.98 $26,528.06 Administrative costs (1.5%) $2,263.61 $2,406.42 Annual Total Contract Total Page 6 of 6 TXDPS PPP -1 No. $154,171.19 $163,834.32 $318,005.50 Vol. Pg. 7�✓ PROFESSIONAL SERVICES AGREEMENT This professional services agreement (the "Agreement") is made and entered into by and between THE TEXAS A&M UNIVERSITY HEALTH SCIENCE CENTER ("TAMHSC"), a health-related institution under the administration of Texas A&M University, a Texas institution of higher education, on behalf of the RURAL AND COMMUNITY HEALTH INSTITUTE ("TAMHSC-RCHI") ("TAMHSC" and, together with TAMHSC-RCHI referred to herein as "TAMHSC"), for TAMHSC's CENTREAST REGIONAL EXTENSION CENTER (REC) PROGRAM ("CentrEast REC Program"), and Brazos County, Texas ("Provider"). TAMHSC and PROVIDER are each a "Party" and collectively, the "Parties". PROVIDER desires to utilize the health information technology related services of TAMHSC The parties therefore agree as follows: I. CENTREAST REGIONAL EXTENSION CENTER (REC) PROGRAM A. Responsibilities of CentrEast REC Program: TAMHSC agrees to perform all services reasonably necessary for providing assistance to PROVIDER in its efforts to achieve meaningful use of electronic health records ("EHR") and/or achieving "Medicare Access and CHIP Reauthorization Act" (MACRA) Quality Payment Program Merit -Based Incentive Payment System (MIPS) goals by providing the type support described in this paragraph as checked below: ❑ Vendor Selection: Assessment of Providers informational technology ("IT") needs, and consultation on IT vendor selection, EHR acquisition, implementation, maintenance and predictable upgrades. ❑ Implementation and Project Management: Support of Provider's EHR implementation through individualized coaching, consultation, and troubleshooting, and other activities to assess organizational readiness, staff training requirements, gaps in IT infrastructure, and software configurations necessary to meet practice needs and track meaningful use. ❑ Practice and Workflow Redesign Support: Consultation with Provider to develop a practice and workflow redesign plan for attaining meaningful use. Work with Provider and IT vendor(s) to achieve consistent documentation of essential clinical information in structured formats through the use of EHR for activities such as: administrative transactions, prescribing, laboratory orders and results, sharing clinical data across practice settings, providing patient access to health care information, public health reporting, and protecting privacy and security of protected health information ("PHI"), ❑ Functional Interoperability and Health Information Exchange: Advise Provider in connecting to available health information exchange infrastructures ("RIFs"), including Stale -based shared utilities or directory services, and assessment of functional interoperability needs for achieving electronic management and exchange support of Providers administrative transactions, prescribing, laboratory orders and results, quality and public health reports, patient summaries, and other information necessary to achieve continuity across the spectrum of care. x Privacy and Security Best Practices: Provide information regarding best practices for maintaining privacy and security of electronic protected health information ("PHI") in compliance with applicable laws, rules, and regulations. ❑ Cn-site Security Risk Assessment. Perform on-site walk-through risk assessment and analysis of information system infrastructure sedcurity, network infrastructure security, application security, physical security, and policy and procedure. ❑ National Committee for Quality Assurance (NCAA) Patient-Cented Medical Home (PCMH) Application: Consultation and support to apply for NCQA recogmition for transformation to a PCMH. ❑ Prooress toward Meaningful Use Stage 1: Consultation on available technological and process improvements, to help Provider understand and effectively utilize EHR technology to improve the quality and value of health care, and achieve its meaningful use goals, including attestation support for the Medicare or Medicaid EHR Incentive Program. ❑ Progress toward Meaningful Use, Stage 2: Consultation on achieving its meaningful use goals, including attestation support for the Medicare or Medicaid EHR Incentive Program O CMSIEHR Incentive Program Audit Readiness Assessment: Consultation on adequacy of documentation needed to support Medicaid or Medicare EHR incentive program registration and meaningful use attestation. Merit -based Incentive Payment Systems (MIPS): Consultation on achieving MIPS goals, including program education, measure selection, monitoring and support, and attestation. B. Responsibilities of PROVIDER: PROVIDER agrees to provide the following to assist TAMHSC in rendering the services under this Agreement: 1. Agrees to cooperate with TAMHSC and to use its best efforts to attain Meaningful Use (MU) of health information technology throught the EHR Incentive Program and improve quality of healthcare delivery systems through the MACRA Quality Payment Program (MIPS). 2. If Provider is a practice group, Provider hereby enters into this Agreement for and on behalf of itself and all individuals designated on Attachment B. 3. In relation to PHI and any other data or information provided under this Agreement that is governed by HIPAA, separate Business Associate Agreement(s) will be entered into between Provider (as "Covered Entity") and CentrEast REC or TAMHSC-Research Foundation's subcontractors for this project (as "Business Associate"), in substantially the form annexed as Attachment A. CONTRACTAMOUNT In consideration of TAMHSC and CentrEast REC Program services herein, PROVIDER agrees to pay a contract amount of $0.00 per hour for a total of 20 hours. III. PAYMENT FOR SERVICES PROVIDER shall pay TAMHSC the sum of $0.00 within thirty (30) days of receipt of an invoice from TAMHSC. Payment shall be made in accordance with the State of Texas procurement guidelines. IV. TERM OF CONTRACT This contract is effective from the date signed by the PROVIDER and ending at midnight one year from that date or when all the contracted hours have been expended. Either Party may cancel this Agreement by giving thirty (30) days written notice. V. DISPUTE RESOLUTION The dispute resolution process provided in Chapter 2260, Texas Government Code, and the related rules adopted by the Texas Attorney General pursuant to Chapter 2260, shall be used by TAMHSC and PROVIDER to attempt to resolve any claim for breach of contract made by PROVIDER that cannot be resolved in the ordinary course of business. PROVIDER shall submit written notice of a claim of breach of contract under this Chapter to the Vice President for Finance and Administration of TAMHSC, who shall examine PROVIDER's claim and any counterclaim and negotiate with PROVIDER in an effort to resolve the claim. VI. COMPLIANCE WITH FEDERAL LAW PROVIDER will comply with all applicable federal, state and local laws, ordinances, rules and regulations; and certify such compliance upon request by TAMHSC. In compliance with federal law, including provisions of Title IX of the Education Amendments of 1972, Sections 503 and 504 of the Rehabilitation Act of 1973, and the Americans with Disabilities Act of 1990, TAMHSC and PROVIDER will not discriminate on the basis of race, sex, religion, color, national or ethnic origin, age, disability or military service in their administration of policies, programs, or activities, admission policies, other programs and employment. VII. INDEMNIFICATION TAMHSC, and PROVIDER, to the extent authorized by the Constitution and the laws of the Stale of Texas, each agree to indemnify and hold the other harmless from and against any and all losses, claims, demands, damages, liabilities and costs directly Or indirectly arising from or related to such indemnifying party's negligence or willful misconduct or that of its officers, employees, affiliates, contractors and agents, except in all cases to the extent arising from the negligence or intentional misconduct of the indemnified party or their respective officers, employees, affiliates, contractors or agents. Under no circumstances shall either parry be liable to the other party for any special, indirect or consequential damages, including without limitation lost profits or cost of capital. VIII. INDEPENDENT CONTRACTORS 2 I The parties hereby acknowledge that they are independent contractors, and neither of the parties nor any of their respective agents, representatives, students or employees shall be construed to be the agent, representative, student or employees of the other party. In no event shall this Agreement be construed as establishing a partnership, joint venture joint enterprise or similar relationship between the parties. PROVIDER shall be liable for Its own debts, obligations, acts and omissions, including the payment of all required withholding, social security and other taxes or benefits of its employees. IX. NOTICES Any notice required or permitted under this Agreement must be in writing, and shall be deemed to be delivered (whether actually received or not) when deposited with the United States Postal Service, postage prepaid, certified mail, return receipt requested, and addressed to the intended recipient at the address set out below. Notice may also be given by regular mail, personal delivery, courier delivery, facsimile transmission, email (to the extent a facsimile number or an email address is set forth below) or other commercially reasonably means and will be effective when actually received (provided that in the event of a facsimile or email, concurrently therewith a copy is mailed by certified mail, return receipt requested). Each party can change their respective notice address by sending to the other party a notice of the new address. Notices should be addressed as follows: For HSC-RCHI: For Provider: Jettie Eddleman Name: Honorable Duane Peters Director of Operations, Tine: Brazos County Judge Rural and Community Health Institute Crystal Park Plaza Address: 200 S Texas Ave. Suite 332, Bryan, Texas, 77803 2700 Earl Rudder Fnvy., S., Suite 3000 College Station, Texas 77845 Phone: 979A36-0390 Phone: 979-3614102 Fax: 979-436-0079 Fax: 979-3614503 Email: SLPavne(d)tamhsc.edu Email: dpeters@brazoscountytx.gov With copy to TAMHSC: Texas A&M Health Science Center Office of Finance and Administration 200 Technology Way, Suite 2079 College Station, Texas 77645-3424 Phone: 979-436-9200 Fax: 979-436-0076 Email: Chavaria(dtamhsc.edu X. CONFIDENTIAL INFORMATION PROVIDER agrees that TAMHSC-RCHI may also use information contained in materials provided by PROVIDER for the purposes of analysis, statistical correlations and other related activities (collectively referred to herein as "Studies"), provided that in each instance such information will be aggregated with similar Information from other participating facilities and will be redacted so that the identity of PROVIDER, any patient and any physician will not be available to the investigators, and the results of any such Studies will be published in a format that will not permit or allow the identity of PROVIDER, any other facility, physician or patient to be determinable. Vol. pg. i XI. GENERAL PROVISIONS A. NON -WAIVER. PROVIDER expressly acknowledges that TAMHSC is an agency of the State of Texas and nothing in this Agreement will be construed as a waiver or relinquishment by TAMHSC of its right to claim such exemptions, privileges, and immunities as may be provided by law. TAMHSC expressly acknowledges that Provider is a political subdivision of the State of Texas and nothing in this Agreement will be construed as a waiver or relinguishment by Provider of its right to claim such exemptions, privileges, and immunities as may be provided by law. B. PUBLIC INFORMATION ACT. PROVIDER acknowledges that TAMHSC is obligated to strictly comply with the Public Information Act, Chapter 552, Texas Government Code, responding to any request for public information pertaining to this Agreement. C. GOVERNING LAW. This Agreement shall be construed under and in accordance with the laws of the State of Texas, without reference to the conflicts of laws principles thereof. D. VENUE. This Agreement is performable in Brazos County, Texas. Pursuant to Section 85.18, Texas Education Code, venue for any suit filed against TAMHSC shall be in the County in which the primary office of the chief executive officer of TAMHSC is located. At the execution of this Agreement such county is Brazos County, Texas. E. FORCE MAJEURE. Neither Party is required to perform any term, condition, or covenant of this Agreement, if performance is prevented or delayed by a natural occurrence, a fire, an act of God, an act of terrorism, or other similar occurrence, the cause of which is not reasonably with the control of such Parry and which by due diligence it is unable to prevent or overcome. F. EXECUTION AND MODIFICATION. This Agreement is binding only when signed by both Parties. Any modifications or amendments must be in writing and signed by both Parties. G. SEVERABILITY. If any of the provisions of this Agreement in the application thereof to any person or circumstance is rendered or declared illegal for any reason, or shall be invalid or unenforceable, the remainder of this Agreement and the application of such provision to other persons or circumstances shall not be affected thereby, but shall be enforced to the greatest extent permitted by applicable law. H. ASSIGNMENT. This Agreement, with the rights and privileges it creates, is assignable only with the written consent of both Parties. I. ENTIRE AGREEMENT. This Agreement constitutes the entire agreement between the Parties and supersedes any prior agreement or understanding, written or oral, between the Parties with regard to the subject matter covered by this Agreement. IN WITNESS WHEREOF, each party is signing this agreement on the date stated below that party's signature. TEXAS A&M UNIVERSITY HEALTH SCIENCE CENTER By: Barry C. Nelson, Ph.D. Vice President for Finance and Administration Date: 8/7/2017 PR VI ER By: Name: Honorable Duane Peters Title: Brazos County Judge Date: gI o a l In 4 —may Attachment A "HIPAA Business Associate Agreement - Business Associate Oriented" (Attached) V31, _ 2 S� HEALTH SCIENCE CENTER Finance and Rdrninistabion BUSINESS ASSOCIATE AGREEMENT (TAMHSC/Business Associate) THIS BUSINESS ASSOCIATE AGREEMENT (this "Agreement") between Texas A&M University Health Science Center ("TAMHSC"), a health-related institution under the administration of Texas A&M University, a member of The Texas A&M University System, an agency of the State of Texas, on behalf of Rural and Community Health Institute ("Business Associate") and Brazos County, Texas ("Covered Entity"), shall be effective (the "Effective Date"). All terms used in this Agreement and not defined herein which are defined under Health Insurance Portability and Accountability Act of 1996 and its implementing regulations ("HIPAA"), including 45 C.F.R. Parts 160 and 164 ("Privacy Rule"), shall have the meanings set forth in the applicable definition under HIPAA. Covered Entity and Business Associate have entered into, are entering into, or may subsequently enter into, agreements or other documented arrangements (collectively, the "Business Arrangements") pursuant to which Business Associate may provide products and/or services for Covered Entity that require Business Associate to access, create, maintain, and use health information that is protected by state and/or federal law. Pursuant to the Administrative Simplification provisions of the Health Insurance Portability and Accountability Act of 1996 ("HIPAA"), the U.S. Department of Health & Human Services ("HHS") promulgated the Standards for Privacy of Individually Identifiable Health Information (the "Privacy Standards"), at 45 C.F.R. Parts 160 and 164, requiring certain individuals and entities subject to the Privacy Standards (each a "Covered Entity", or collectively, "Covered Entities") to protect the privacy of certain individually identifiable health information ("Protected Health Information" or "PHP'). Pursuant to HIPAA, HHS issued the Security Standards (the "Security Standards"), at 45 C.F.R. Parts 160, 162 and 164, for the protection of electronic protected health information ("EPHI"). In order to protect the privacy and security of PHI, including EPHI, created or maintained by or on behalf of the Covered Entity, the Privacy Standards and Security Standards require a Covered Entity to enter into a "business associate agreement" with certain individuals and entities providing services for or on behalf of the Covered Entity if such services require the use or disclosure of PHI or EPHI. On February 17, 2009, the federal Health Information Technology for Economic and Clinical Health Act was signed into law (the "HITECH Act"), and the HITECH Act imposes certain privacy and security obligations on Covered Entities in addition to the obligations created by the Privacy Standards and Security Standards. The HITECH Act revises many of the requirements of the Privacy Standards and Security Standards concerning the confidentiality of PHI and EPHI, including extending certain HIPAA and HITECH Act requirements directly to Business Associates. OGCApprwed/Reviewed Oate1/31/2014 Page 1 The IIITECH Act requires that certain of its provisions be included in business associate agreements, and that certain requirements of the Privacy Standards be imposed contractually upon Covered Entities as well as Business Associates. The Texas Legislature has adopted certain privacy and security requirements that are more restrictive than those required by HIPAA and HITECH, and such requirements are applicable to Business Associates as "Covered Entities" as defined by Texas law; and because Business Associate and Covered Entity desire to enter into this Business Associate Agreement, in consideration of the mutual promises set forth in this Agreement and the applicable Business Arrangements, and other good and valuable consideration, the sufficiency and receipt of which are hereby acknowledged, the parties agree as follows: I. Definitions a. Except as otherwise defined in this Agreement, all capitalized terms used in this Agreement shall have the meanings set forth in IIIPAA. b. "Business Associate" shall have the same meaning to the term "Associate" under the Privacy Rule, including, but not limited to, 45 CFR Section 160.103. c. "Breach" shall mean the acquisition, access, use or disclosure of Protected Health Information in a manner not permitted by the HIPAA Privacy Rule that compromises the security or privacy of the Protected Health Information as defined, and subject to the exceptions set forth, in 45 CFR § 164.402. d. "Covered Entity" shall have the meaning given to such term under the Privacy Rule, including, but not limited to, 45 CFR Section 160.103. e. "Data Aggregation Services" shall mean the combining of PHI or EPHI by Business Associate with the PHI or EPHI received by Business Associate in its capacity as a business associate of another covered entity, to permit data analyses that relate to the health care operations of, payment to, and treatment of patients by the respective covered entities. f "Electronic Protected Health Information" shall mean Protected Health Information that is transmitted or maintained in Electronic Media. g. "HIPAA" shall mean the Health Insurance Portability and Accountability Act of 1996 and its implementing regulations, as amended and supplemented by the HITECH Act and its implementing regulations, as each is amended from time to time. h. "HIPAA Breach Notification Rule" shall mean the federal breach notification regulations, as amended from time to time, issued under HIPAA and set forth in 45 CFR Part 164 (Subpart D). OGC RAA Approved/Review Date 1/31/2D14 V1A Page 2 i. "HIPAA Privacy Rule" shall mean the federal privacy regulations, as amended from time to time, issued under HIPAA and set forth in 45 CFR Parts 160 and 164 (Subparts A & E). j. "H►PAA Security Rule" shall mean the federal security regulations, as amended from time to time, issued under HIPAA and set forth in 45 CFR Parts 160 and 164 (Subparts A & Q. k "HITECH Act" shall mean Subtitle D of the Health Information Technology for Economic and Clinical Health Act provisions of the American recovery and Reinvestment Act of 2009, 42 U.S.C. §§ 17921-17954, and all its implementing regulations, when and as each is effective and compliance is required. 1. "Protected Health Information of PHI" shall mean Protected Health Information, as defined in 45 CFR § 160.103, and is limited to the Protected Health Information received, maintained, created or transmitted on behalf of, Covered Entity by Business Associate in performance of the Underlying Services. m. "Underlying Services" shall mean, to the extent and only to the extent they involve the creation, maintenance, use, disclosure or transmission of Protected Health Information, the services performed by Business Associate for Covered Entity pursuant to the Underlying Services Agreement. n. "Underlying Services Agreement" shall mean the written agreement(s) (other than this Agreement) by and between the parties as amended as set forth in the attached schedule by and between the parties pursuant to which Business Associate access to, receives, maintains, creates or transmits PHI for or on behalf of Covered Entity in connection with the provision of the services described in that agreement(s) by Business Associate to Covered Entity or in performance of Business Associate's obligations under such agreement(s). II. Business Associate Obligations. Business Associate may receive from Covered Entity, or create or receive or maintain on behalf of Covered Entity, health information that is protected under applicable state and/or federal law, including without limitation, PHI and EPHI. All references to PHI herein shall be construed to include EPHI. Business Associate agrees not to use or disclose (or permit the use or disclosure of) PHI in a manner that would violate the Privacy Standards, Security Standards the HITECH Act, or Texas law, including without limitation the provisions of Texas Health and Safety Code Chapters 181 and 182 as amended by HB 300 (82nd Legislature), effective September 1, 2012, in each case including any implementing regulations as applicable (collectively referred to hereinafter as the OGC BAA Approved/Review Date 1/31/2014 Page 3 -- i "Confidentiality Requirements") if the PHI were used or disclosed by Covered Entity in the same manner. III. Use of Protected Health Information Except as otherwise required by law, Business Associate shall use PHI in compliance with 45 C.F.R. § 164.504(e). Furthermore, Business Associate shall use PHI (i) solely for Covered Entity's benefit and only for the purpose of performing services for Covered Entity as such services are defined in Business Arrangements, (ii) for Data Aggregation Services (as herein defined), and (iii) as necessary for the proper management and administration of the Business Associate or to carry out its legal responsibilities, provided that such uses are permitted under federal and state law. For avoidance of doubt, under no circumstances may Business Associate sell PHI in such a way as to violate Texas Health and Safety Code, Chapter 181.153, as amended by HB 300 (82nd Legislature), effective September 1, 2012, nor shall Business Associate use PHI for marketing purposes in such as manner as to violate Texas Health and Safety Code Section 181.152, or attempt to re -identify any information in violation of Texas Health and Safety Code Section 181.151, regardless of whether such action is on behalf of or permitted by the Covered Entity. To the extent not otherwise prohibited in the Business Arrangements or by applicable law, use, creation and disclosure of de -identified health information, as that term is defined in 45 CFR § 164.514, by Business Associate is permitted. IV. Disclosure of Protected Health Information Subject to any limitations in this Agreement, Business Associate may disclose PHI to any third party persons or entities as necessary to perform its obligations under the Business Arrangement and as permitted or required by applicable federal or state law. Business Associate recognizes that under the HIPAA/IIITECH Omnibus Final Rule, Business Associates may not disclose PHI in a way that would be prohibited if Covered Entity made such a disclosure. Any disclosures made by Business Associate will comply with minimum necessary requirements under the Privacy Rule and related regulations. Business Associate shall not, and shall provide that its directors, officers, employees, subcontractors, and agents, do not disclose PHI to any other person (other than members of their respective workforce), unless disclosure is required by law or authorized by the person whose PHI is to be disclosed. Any such disclosure other than as specifically permitted in the immediately preceding sentences shall be made only if such disclosee has previously signed a written agreement that: a.) Binds the disclosee to the provisions of this Agreement pertaining to PHI, for the express benefit of Covered Entity, Business Associate and, if disclosee is other than Business Associate, the disclosee,- b-) isclosee; b.) Contains reasonable assurances from disclosee that the PHI wilt be held confidential as provided in this Agreement, and only disclosed as required by law for the purposes for which it was disclosed to disclosee; and, nGC DAA Approved/Review Date 1/31/2014 Page 4 c.) Obligates disclosee to immediately notify Business Associate of any breaches of the confidentiality of the PHI, to the extent disclosee has obtained knowledge of such breach. Business Associate shall not disclose PHI to any member of its workforce and shall provide that its subcontractors and agents do not disclose PHI to any member of their respective workforces, unless Business Associate or such subcontractor or agent has advised such person of Business Associate's obligations under this Agreement, and of the consequences for such person and for Business Associate or such subcontractor or agent of violating them as memorialized in a business associate agreement pursuant to the HIPAA/HITECII Omnibus Final Rule. Business Associate shall take and shall provide that each of its subcontractors and agents take appropriate disciplinary action against any member of its respective workforce who uses or discloses PHI in contravention of this Agreement In addition to Business Associate's obligations under Section IX, Business Associate agrees to mitigate, to the extent commercially practical, harmful effects that are known to Business Associate and is the result of a use or disclosure of PHI by Business Associate or Recipients in violation of this Agreement. V. Access to and Amendment of Protected Health Information Business Associate shall (i) provide access to, and permit inspection and copying of, PHI by Covered Entity; and (ii) amend PHI maintained by Business Associate as requested by Covered Entity. Any such amendments shall be made in such a way as to record the time and date of the change, if feasible, and in accordance with any subsequent requirements promulgated by the Texas Medical Board with respect to amendment of electronic medical records by HIEs. Business Associate shall respond to any request from Covered Entity for access by an individual within seven (7) days of such request and shall make any amendment requested by Covered Entity within twenty (20) days of the later of (a) such request by Covered Entity or (b) the date as of which Covered Entity has provided Business Associate with all information necessary to make such amendment. Business Associate may charge a reasonable fee based upon the Business Associate's labor costs in responding to a request for electronic information (or the fee approved by the Texas Medical Board for the production of non -electronic media copies). Business Associate shall notify Covered Entity within five (5) days of receipt of any request for access or amendment by an individual. Covered Entity shall determine whether to grant or deny any access or amendment requested by the individual. Business Associate shall have a process in place for requests for amendments and for appending such requests and statements in response to denials of such requests to the Designated Record Set, as requested by Covered Entity. VI. Accounting of Disclosures Business Associate shall make available to Covered Entity in response to a request from an individual, information required for an accounting of disclosures of PHI with respect to the individual in accordance with 45 CER § 164.528, as amended by Section 13405(c) of the HITECH Act and any related regulations or guidance issued by HHS in accordance with such provision. OGC BAA Approved/Review Date 1/31/2014 1/a1._o?S _ Pg.XSJ Page 5 VII. Records and Audits Business Associate shall make available to the United States Department of Health and Human Services or its agents, its internal practices, books, and records relating to the use and disclosure of PHI received from, created, or received by Business Associate on behalf of Covered Entity for the purpose of determining Covered Entity's compliance with the Confidentiality Requirements or the requirements of any other health oversight agency, in a time and manner designated by the Secretary. VIII. Implementation of Security Standards; Notice of Security Incidents Business Associate will use appropriate safeguards to prevent the use or disclosure of PHI other than as expressly permitted under this Agreement. Business Associate will implement administrative, physical and technical safeguards that reasonably and appropriately protect the confidentiality, integrity and availability of the PHI that it creates, receives, maintains or transmits on behalf of Covered Entity. Business Associate acknowledges that the HITECH Act requires Business Associate to comply with 45 C.F.R. §§164.308, 164.310, 164.312 and 164.316 as if Business Associate were a Covered Entity, and Business Associate agrees to comply with these provisions of the Security Standards and all additional security provisions of the HITECH Act. Furthermore, to the extent feasible, Business Associate will use commercially reasonable efforts to secure PHI through technology safeguards that render such PHI unusable, unreadable and indecipherable to individuals unauthorized to acquire or otherwise have access to such PHI in accordance with HHS Guidance published at 74 Federal Register 19006 (April 17, 2009), or such later regulations or guidance promulgated by HHS or issued by the National Institute for Standards and Technology ("NIST") concerning the protection of identifiable data such as PHI. Lastly, Business Associate will promptly report to Covered Entity any successful Security Incident of which it becomes aware. At the request of Covered Entity, Business Associate shall identify: the date of the Security Incident, the scope of the Security Incident, the Business Associate's response to the Security Incident and the identification of the party responsible for causing the Security Incident, if known. IX. Data Breach Notification and Mitigation HIPAA Data Breach Notification and Mitigation. Business Associate agrees to implement reasonable systems for the discovery and prompt reporting to Covered Entity of any "breach" of "unsecured PHI" as those terms are defined by 45 C.F.R. §164402. Specifically, a breach is an unauthorized acquisition, access, use or disclosure of unsecured PHI, including ePHI, which compromises the security or privacy of the PHI/ePHI. A breach is presumed to have occurred unless there is a low probability that the PHI has been compromised based on a risk assessment of at least the factors listed in 45 C.F.R. § 164.402(2)(i) -(iv) (hereinafter a "HIPAA Breach"). The parties acknowledge and agree that 45 C.F.R. § 164.404 governs the determination of the date of discovery of a HIPAA Breach. In addition to the foregoing and notwithstanding anything to the contrary herein, Business Associate will also comply with applicable state law, including without limitation, Section 521 Texas Business and Commerce Code, as amended by HB 300 (82nd Legislature), or such other laws or regulations as may later be amended or adopted. In the event of any conflict between this section, the Confidentiality Requirements, Section 521 of the Texas OGC BAA Approved/ Review Date 1/31/2014 Page 6 Vol. ��S Pg. Business and Commerce Code, and any other later amended or adopted taws or regulations, the most stringent requirements shall govern. Discovery of Breach. Business Associate will, following the discovery of a HIPAA Breach, notify Covered Entity without unreasonable delay and in no event later than the earlier of the maximum of time allowable under applicable law or three (3) business days after Business Associate discovers such HIPAA Breach, unless Business Associate is prevented from doing so by 45 C.F.R. § 164.412 concerning law enforcement investigations. For purposes of reporting a HIPAA Breach to Covered Entity, the discovery of a HIPAA Breach shall occur as of the first day on which such HIPAA Breach is known to the Business Associate or, by exercising reasonable diligence, would have been known to the Business Associate. Business Associate will be considered to have had knowledge of a HIPAA Breach if the HIPAA Breach is known, or by exercising reasonable diligence would have been known, to any person (other than the person committing the HIPAA Breach) who is an employee, officer or other agent of the Business Associate. Reporting a Breach. Without unreasonable delay and no later than the earlier of the maximum of time allowable under applicable law or five (5) business days following a HIPAA Breach, Business Associate shall provide Covered Entity with sufficient information to permit Covered Entity to comply with the HIPAA Breach notification requirements set forth at 45 C.F.R. § 164.400 et seq. Specifically, if the following information is known to (or can be reasonably obtained by) the Business Associate, Business Associate will provide Covered Entity with: a.) contact information for individuals who were or who may have been impacted by the HIPAA Breach (e.g., first and last name, mailing address, street address, phone number, email address); b.) a brief description of the circumstances of the HIPAA Breach, including the date of the HIPAA Breach and date of discovery; c.) a description of the types of unsecured PHI involved in the HIPAA Breach (e.g., names, social security number, date of birth, addressees, account numbers of any type, disability codes, diagnostic and/or billing codes and similar information); d.) a brief description of what the Business Associate has done or is doing to investigate the HIPAA Breach, mitigate harm to the individual impacted by the HIPAA Breach, and protect against future HIPAA Breaches; and, e.) appoint a liaison and provide contact information for same so that Covered Entity may ask questions or learn additional information concerning the HIPAA Breach. Following a HIPAA Breach, Business Associate will have a continuing duty to inform Covered Entity of new information learned by Business Associate regarding the HIPAA Breach, including but not limited to the information described above. X. Termination This Agreement shall commence on the Effective Date. OGC BAA Approved/Review Date 1/31/2014 Page 7 V' GI. �—� pg.._Z �r '— Upon the termination of the applicable Business Arrangement, either Parry may terminate this Agreement by providing written notice to the other Party. Upon termination of this Agreement for any reason, Business Associate agrees: a.) to return to Covered Entity or to destroy all PHI received from Covered Entity or otherwise through the performance of services for Covered Entity, that is in the possession or control of Business Associate or its agents. Business Associate agrees that all paper, film, or other hard copy media shall be shredded or destroyed such that it may not be reconstructed, and EPHI shall be purged or destroyed concurrent with NIST Guidelines for media sanitization at http://-,vww.csrc.nist.gov/; or, b.) in the case of PHI which is not feasible to "return or destroy," to extend the protections of this Agreement to such PHI and limit further uses and disclosures of such PHI to those purposes that make the return or destruction infeasible, for so long as Business Associate maintains such PINI. Business Associate further agrees to comply with other applicable state or federal law, which may require a specific period of retention, redaction, or other treatment of such PHI. XI. Miscellaneous Notice. All notices, requests, demands and other communications required or permitted to be given or made under this Agreement shall be in writing, shall be effective upon receipt or attempted delivery, and shall be sent by (i) personal delivery; (ii) certified or registered United States mail, return receipt requested; (iii) overnight delivery service with proof of delivery; or (iv) facsimile with return facsimile acknowledging receipt. Notices shall be sent to the addresses below. Neither party shall refuse delivery of any notice hereunder. Business Associate: Covered Entity: Texas A&M University Health Science Center Brazos County, Texas 200 Technology Wa Suite 2079 Honorable Duane Peters College Station, TX 77845 200 S. Texas Ave., Suite 332 Atm: VP for Finance & Administration Bryan, TX 77803 Waiver. No provision of this Agreement or any breach thereof shall be deemed waived unless such waiver is in writing and signed by the Party claimed to have waived such provision or breach. No waiver of a breach shall constitute a waiver of or excuse any different or subsequent breach. Assignment. Neither Party may assign (whether by operation or law or otherwise) any of its rights or delegate or subcontract any of its obligations under this Agreement without the prior written consent of the other Party. Notwithstanding the foregoing, Covered Entity shall have the right to assign its rights and obligations hereunder to any entity that is an affiliate or successor of Covered Entity, without the prior approval of Business Associate. OGC BAA Approved/Review Date 1/31/2014 � - 1 Page 8 Severability. Any provision of this Agreement that is determined to be invalid or unenforceable will be ineffective to the extent of such determination without invalidating the remaining provisions of this Agreement or affecting the validity or enforceability of such remaining provisions. Entire Agreement. This Agreement constitutes the complete agreement between Business Associate and Covered Entity relating to the matters specified in this Agreement, and supersedes all prior representations or agreements, whether oral or written, with respect to such matters. In the event of any conflict between the terms of this Agreement and the terms of the Business Arrangements or any such later agreement(s), the terms of this Agreement shall control unless the terms of such Business Arrangements are more strict with respect to PHI and comply with the Confidentiality Requirements, or the parties specifically otherwise agree in writing. No oral modification or waiver of any of the provisions of this Agreement shall be binding on either Party; provided, however, that upon the enactment of any law, regulation, court decision or relevant government publication and/or interpretive guidance or policy that the Covered Entity believes in good faith will adversely impact the use or disclosure of PHI under this Agreement, Covered Entity may amend the Agreement to comply with such law, regulation, court decision or government publication, guidance or policy by delivering a written amendment to Business Associate which shall be effective thirty (30) days after receipt. No obligation on either Party to enter into any transaction is to be implied from the execution or delivery of this Agreement. This Agreement is for the benefit of, and shall be binding upon the parties, their affiliates and respective successors and assigns. No third party shall be considered a third -party beneficiary under this Agreement, nor shall any third party have any rights as a result of this Agreement. Governing Law. This Agreement shall be governed by and interpreted in accordance with the laws of the state of Texas. Venue for any dispute relating to this Agreement shall be in Brazos County, Texas. Nature of Agreement; Independent Contractor. Nothing in this Agreement shall be construed to create (i) a partnership, joint venture or other joint business relationship between the parties or any of their affiliates, or (ii) a relationship of employer and employee between the parties. Business Associate is an independent contractor, and not an agent of Covered Entity. This Agreement does not express or imply any commitment to purchase or sell goods or services. Counterparts. This Agreement may be executed in one or more counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same document. In making proof of this Agreement, it shall not be necessary to produce or account for more than one such counterpart executed by the party against whom enforcement of this Agreement is sought. Signatures to this Agreement transmitted by facsimile transmission, by electronic mail in portable document format (".pdf') form, or by any other electronic means intended to preserve the original graphic and pictorial appearance of a document, will have the same force and effect as physical execution and delivery of the paper document bearing the original signature. [Signature page follows.] OGC BAA Approved/Review Date 1/31/2014 Page 9 Vol, Pg, IN WITNESS WHEREOF, the parties have executed this Agreement as of the Effective Date. BUSINESS ASSOCIATE: COVERED ENTITY: TEXAS A&M HEALTH SCIENCE CENTER BRAZOS COUNTY, TEXAS Departmental ADDroval Rural & Community Health Inst. Name: Honorable Duane Peters -Department: Name: Nancy W. Dickey, MD Title: Brazos County Judge Title: Executive Director Signatur l e2 Sign re: Date: 08/02! Date: Dean Approval Component: Name: Title: Signature: Date: Vice President for Finance and Administration A proval Name: Barry C. Nelson, Ph.D. Title: VP for Finance & Administration Signature: wrri— Date: 81712017 OGC BAA Approved/Review Date 1/31/2014 Page 10 Renovo Software Inc. Attn: Controller to NANCY BERRY Precinct 3 (979) 3613105 nberry@brazoscountytx.gov IRMA CAULEY Precinct 4 (979) 3613111 icauley@brazoscountytx.gov 5666 Lincoln Drive. Suite 206 Edina MN 55436 RE: Notice of Non -Renewal of Video Visitation Agreement originally dated June 30th, 2014 and effective on the "Go -Live" date of November 15, 2014. In accordance with the terms of the agreement between Brazos County, Texas and Renovo Software, Inc. dated June 30th, 2014, Brazos County hereby provides 90 day notice of our non- renewal. The agreement will expire November 15, 2017. However, Brazos County will consider renewing the agreement with Renovo / Global Tel -Link for video visitation software services for the Brazos County Detention Center beginning November 15, 2017 with the following revisions: 1) It is our understanding that Renovo was acquired by Global Tel -Link during the term of the current agreement. The agreement must be corrected to indicate the current Provider name, contact information, and notice information. 2) Section I PREFACE. Remove language requiring that VisPay be the exclusive payment method for inmate messaging. 3) Section IV TERM. Change language to reflect the term of the agreement will be one year and may renew annually upon written agreement of the parties. 4) Correction of Performance Issues. Brazos County continues to see poor video quality and software malfunctions at the officer monitoring station despite having replaced and upgrading the hardware used. These performance issues must be corrected to the satisfaction of the Sheriff's Office prior to the renewal of this agreement. Brazos County Administration Bldg. . 200 S. Texas Ave. . Suite 310 . Bryan, Texas 77603 • Fax: (979) 361-4176 Page 1 of 2 I Vol. p9, �% DIY. STEVE ALDRICH Precinct 1 (979) 3613106 saldrich@brazoscountytx.gov BRAZOS COUNTY COMMISSIONERS COURT SAMMY CATALENA E. DUANE PETERS Precinct 2 County Judge (979) 361-4115 (979) 3613102 scatalena@co.brazos.tx.us dpeters@brazoscountytx.gov August 8, 2017 Renovo Software Inc. Attn: Controller to NANCY BERRY Precinct 3 (979) 3613105 nberry@brazoscountytx.gov IRMA CAULEY Precinct 4 (979) 3613111 icauley@brazoscountytx.gov 5666 Lincoln Drive. Suite 206 Edina MN 55436 RE: Notice of Non -Renewal of Video Visitation Agreement originally dated June 30th, 2014 and effective on the "Go -Live" date of November 15, 2014. In accordance with the terms of the agreement between Brazos County, Texas and Renovo Software, Inc. dated June 30th, 2014, Brazos County hereby provides 90 day notice of our non- renewal. The agreement will expire November 15, 2017. However, Brazos County will consider renewing the agreement with Renovo / Global Tel -Link for video visitation software services for the Brazos County Detention Center beginning November 15, 2017 with the following revisions: 1) It is our understanding that Renovo was acquired by Global Tel -Link during the term of the current agreement. The agreement must be corrected to indicate the current Provider name, contact information, and notice information. 2) Section I PREFACE. Remove language requiring that VisPay be the exclusive payment method for inmate messaging. 3) Section IV TERM. Change language to reflect the term of the agreement will be one year and may renew annually upon written agreement of the parties. 4) Correction of Performance Issues. Brazos County continues to see poor video quality and software malfunctions at the officer monitoring station despite having replaced and upgrading the hardware used. These performance issues must be corrected to the satisfaction of the Sheriff's Office prior to the renewal of this agreement. Brazos County Administration Bldg. . 200 S. Texas Ave. . Suite 310 . Bryan, Texas 77603 • Fax: (979) 361-4176 Page 1 of 2 I Vol. p9, �% These revisions or corrections must be completed no later than September 10, 2017. Please contact me with any questions. Sincerely, Duane Peters, County Judge cc: Corby Kenter, Account Executive—Sales Christopher C. Kirk, Sheriff Brazos County Administration Bldg. • 200 S. Texas Ave. . Suite 310 Bryan, Texas 77803 • Fax: (979) 361-4176 Page 2 of 2 _.. _._._ _...... Vol. a S pg. Tabulation IQ 17-300 Demolition and Removal of Two Structures Vendor Name Cost Green Oak $ 23,850.00 TELS Construction $ 13,600.00 JTB Services $ 24,640.00 Total Demolition $ 18,258.00 Grant Mackay Company $ 24,771.23 Palasota Contracting* $ 10,000.00 Recommended Award: TELS Construction *Vendor considered as a not -responsible bidder. d by Cornni s rt on this day of 2017 by holding the position of AA1�l ae. 1 Von, Brazos County 13 Purchasing Department .i rr urOM1` -__- 200 SOUTH TEXAS AVE SUITE. 352 BRYAN, TX 77903 PHONE. (9791361-4290 FAX f4I2) $61-41U July 18, 2017 0 & L Wastewater Services LLC P.O. Box 2393 3940 FM 109 Brenham, TX 77833 Re: Renewal of Contract 418-018R Grit Trap Pumping Brazos County appreciates the quality work your company has provided and would like to exercise the renewal option for Grit Trap Pumping N18 -018R, previously known as 8 2016-07. All terms, conditions, and pricing shall remain the same. This renewal term will be for one year from October 1, 2017 to September 30, 2018. An updated copy of the required insurance will need to be submitted with this form. To accept the renewal option, please fill out the information and sign below. Return the signed documents by email to Imaness@brazoscountytx.gov or fax to 19721 361-4293. Please then submit the original signed documents and an updated Certificate or Insurance by mail to the address listed above. Please return acceptance as soon as possible. If you have any questions, I may be reached at (2221 361-4284• Contact Name: �/Ii�GL TQGD hS G & L WASTEWATER SERVICES, LLC Authodzed .Stgnat OS CO Y Doane Peten� County.fudge c Vol. Pg. Date 18-018R GRIT TRAP PUMPING Previously known as 2016-007 October 1, 2017 - September 30, 2018 G&L Wastewater LLC, Cost per Gallon Location Pumped Exposition Center - 750 $0.56 Gallon Tank Exposition Center - 500 $0.56 Gallon Tank Fleet Services - 2000 Gallon $0.56 Tank 1st Renewal of 3: G & L Wastewater Services pp ved Lionere's Court on this 2z dlay of S -r, , 2017 by holding the position of MA ij Judges ` va. �s'G pg %S— �.-B- rats County ,fit X7780 PHONE (979) 361 4po 6AX(970) 3614293—.o July 14, 2017 G & L Wastewater Services LLC PA Box 2393 340 FNi 109 'Brenham, TX, 77833 Re: Renewal of Cbmract 01,8419R Grease Trap Pumping Brazos County appreciates thequality work your company has provided and would like to exercise the renewal option for Grease YiapPantping #18-019Rprevidusly knownas # 2016-08. All terms, conditions, and pricing shall remain fire same. This renewal term will be for one year from October 1, 2017 to S bb 9, 2Q18. An updated copy of the required Insurance will,need to be submiued with t h is 2 To accept the renewal opgon, please rill .out the information and sign below. Return the signed fax (979� 361-4�0i:Plea§cAcn sub i -ihe iloctimefiis.Wemail jo lriiiheti@brai.,ciidciiin.tyM.gov or ax to nut by mail to the address listed above. 6d'd "d 4 ocuments an �&n.-qp updated. nee a d lnsur�' orjgm�l'stgn_-' pleik,re at possible 0.0 fi6vquesdon�s,'f may: ie reached at (979) t 361-4284. 77 contact NaMeAr A Tefevhooe: 2307,7q 16:_q LLC rl Date 18-019R Grease Trap Pumping Previously known as 2016-008 October 1, 2017 - September 30, 2018 G&L Wastewater Services, LLC Tank Size I Cost per gallon County $0.34 on Facility 1000 gallon Justice Center 1 1900 gallon 1 $0.34 ami Center 1 150 $0.34 Center 1 750 $2.50 Center 1 20 st Renewal of 3: G&L Wastewater Services, LLC ed ppr Co mission r Court on thv is L.[/ �tlay of V4,2 017 by Iding the position of is BRAZOSCOUNTY COMMISSIONERS' COURT ACTION FORM DEPARTMENT Road and Bridge DEPT. NUMBER 56001000 DATE OF COURT MEETING: August 22, 2017 ITEM: Consider and take action on the Final Plat of Indian Lakes Subdivision Phase XX (20); Lots 1-3, Block 31. 4.111 Acres: J.M. Barrera Survey A-69• (College Station ETJ) Brazos County, Texas. Site is located in Precinct 1. SOURCE OF FUNDS: N/A NOTES/REQUIREMENTS: • Owner: Smiling Mallard Development, Ltd. • Engineer/Surveyor: McClure & Browne Engineering/Surveying, Inc. SUBMITTED BY: R. Alan Munger, County Engineer ACKNOWLEDGED BY: 1A�z57z� Commissioner Steve Aldrich Precinct 1 This Request is [ APP O D / D IED [ ] ommissioners' Court Duane Peters, County Judge ate PLAT APPLICATION Brazos County Road & Bridge Office 2617 SH 21 West Bryan, TX 77803 Telephone: (979) 822-2127 Fax: (979 775-0456 Email: platsftrazoscountvtx.00v SUBJECT PROPERTY .- • APPLICATION DATE': 7/29/17 RESUBMITTAL: YES VINO PROJECT / SUBDIVISION NAME: Indian Lakes- Phase 20 (Final Plat) PROJECT ADDRESS OR LOCATION: North of intersection of Mesa Verde Drive and Chaco Canyon Drive LEGAL DESCRIPTION: Indian Lakes, Phase 20, Block 31, Lots 1-3 IF RESUBMITTAL, PROJECT FORMERLY KNOWN AS: NUMBER OF LOTS:3 TOTAL ACREAGE 4,194 JURISDICTION LI CITY LIMITS LJ College Station ETJ 0 OUTSIDE ALL CITY LIMITS AND ETJs Permit in accordance win the Brazos County Flood Damage Prevention Ordinance does not imply that Development outside the areas of special Notification of Application completeness will be given within 10 days of Application date. All incomplete Applications will be rejected. This Application shall expire five (5) years from the Application date of the project. TYPE OF • MASTER PLAN SIMPLIFIED PLAT PRELIMINARY PLAN FINAL PLAT AMENDING PLAT REPLAY APPLICATION•• RESIDENTIAL MANUFACTUREO RENTAL COMMUN NME ❑COMMERCIAL OTHER (Please explain): FLOODPLAIN IS ANY OF THE PROPERTY LOCATED IN A FLOODPLAIN OR FLOOD HAZARD AREA? YES NO Acknowledgment: The flood hazard boundary maps and other flood data used by Brazos County in evaluating flood hazards to proposed Developments are considered reasonable and accurate for regulatory purposes and are based on the best available scientific and engineering data On rare occasions greater floods can and will occur and flood heights may be increased by man-made or natural causes. Issuance of a Floodplain Permit in accordance win the Brazos County Flood Damage Prevention Ordinance does not imply that Development outside the areas of special flood hazard will be free from flooding or flood damage. Issuance of a permit shall not create liability on the part of Brazos County or any officer or employee of Brazos County in the event flooding or flood damage does occur, DIGITAL FILE SUBMISSION COUNTY ENGINEER I(ADOBE (.pdf file) AutoCAD (.dwg file) (Email To: plats@brazoscounW,gov) 911 ADDRESSING ADOBE (.pdf file) AutoCAD (Avig file) (Email To: Q)sabrazoscounh bt.anv> CONTACT•' • vol, . �;2L PQ. I9 APPLICANT INFORMATION - - FIRM NAME: Smiling Mallard Development, Ltd. CONTACT: Travis Martinek ADDRESS: 3608 East 29th Street, Suite 100 CITY: Bryan STATE: Texas ZIP: 77802 PHONE: (979) 846-4384 FAX: (979) 846-1461 EMAIL: travis@clarkewyndham.com PROPERI 0W- I- INFORMATION FIRM NAME: Smiling Mallard Development, Ltd. CONTACT: Travis Martinek ADDRESS: 3608 East 29th Street, Suite 100 CITY: Bryan STATE: Texas ZIP: 77802 PHONE: (979) 8464384 FAX: (979) 846-1461 EMAIL: travis@clarkewyndham.com ENGINEER INFORMATION FIRM NAME: McClure 8 Browne, Inc. CONTACT: Jeff Robertson ADDRESS: 1008 Woodcreek Drive, Suite 103 CITY: College Station STATE: Texas ZIP: 77845 PHONE: (979) 693-3838 FAX: (979) 693-2554 EMAIL: jeffr@mcclurebrowne.com SURVEYORINFORMATION - - - "— - - - FIRM NAME: McClure 8 Browne, Inc. CONTACT: Kevin McClure ADDRESS: 1008 Woodcreek Drive, Suite 103 CITY: College Station STATE: Texas ZIP:77845 1 PHONE: (979) 693-3838 FAX: (979) 693-2554 EMAIL: kevinm@mcclurebrowne.com OTHERINFORMATION FIRM NAME: CONTACT: ADDRESS: - - CITY: STATE: ZIP: PHONE: FAX: EMAIL: PROPERTY OWNER CONSENT I AGENT AUTHORIZATION By my signature, I hereby affirm that I am the property Owner of record, or if the Applicant is an organization or business entity, that authorization has been granted to represent the Owner, organization or business in this Application. I certify that the preceding information is complete and accurate, and it is understood that I agree to the Development/Subdivision of this property. SIGNATURE: PRINTED NAME: Travis Martinek DATE: 7129/17 SIGNATURE: PRINTED NAME: DATE: By signing this form, the Owner of the property authorizes Brazos County to begin proceedings in accordance with the process for this type of Application indicated on page one of this Application. The Owner further acknowledges that submission of an Application does not in any way obligate the County to approve the Application and that although County staff may make certain recommendations regarding this Application, the Commissioners Court may not follow that recommendation and may make a final decision that does not conform to the staffs recommendation. p BRAZOS COUNTY• Only) DATE APPLICATION REC IVED:PJ l l 2�/ % DATE APPLICATION RECEIVED / REJECTED: / SIGNATURE: SIGNATURE: Receipt of this ApplicatiA by Brazos County does not provide confirmation or acceptance of a complete Application, nor does it waive requirements for any additional information not contained as part of this Application which may also be needed as a part of the review process. Application Check List: Copies of finished plat with corrections (if any): Three (3) hard copies to Brazos County One (1) .pdf copy to Brazos County One (1) .dwg copy to Brazos County One (1) hard copy to Brazos County Health District One (1) hard copy to Brazos County 911 One (1) hard copy to local Water District or Company Letters of approval (to be sent by the approving institution directly to Brazos County Engineering): Letter from Brazos County Health District - For On-site sewage evaluation. Letter from Brazos County 911 - For Road names. Letter from Water District or Company. - Stating water availability, etc. If property is within an Extraterritorial Jurisdiction (ETJ) of a City: W]Approval notification from appropriate City. Applicant attests that they have signed this Application in the capacity designated, if any, and further attests that they have read document and the statement contained herein and any attached are true and factual. All Applicants are encouraged to review the County Regulations prior to any plat submittal. It is understood that this Application is not finished or dated until all documents listed above are filed at the Brazos County Engineering Office and all applicable blanks are filled in the Application above. i CALCULATIONSOF MASTER PLAN: No charge SIMPLIFIED PLAT: $100 PRELIMINARY PLAN: $150+$5 per lot FINAL PLAT: $150+$10 per lot AMENDING PLAT: $100 REPEAT: $150 p BRAZOS COUNTY• Only) DATE APPLICATION REC IVED:PJ l l 2�/ % DATE APPLICATION RECEIVED / REJECTED: / SIGNATURE: SIGNATURE: Receipt of this ApplicatiA by Brazos County does not provide confirmation or acceptance of a complete Application, nor does it waive requirements for any additional information not contained as part of this Application which may also be needed as a part of the review process. Application Check List: Copies of finished plat with corrections (if any): Three (3) hard copies to Brazos County One (1) .pdf copy to Brazos County One (1) .dwg copy to Brazos County One (1) hard copy to Brazos County Health District One (1) hard copy to Brazos County 911 One (1) hard copy to local Water District or Company Letters of approval (to be sent by the approving institution directly to Brazos County Engineering): Letter from Brazos County Health District - For On-site sewage evaluation. Letter from Brazos County 911 - For Road names. Letter from Water District or Company. - Stating water availability, etc. If property is within an Extraterritorial Jurisdiction (ETJ) of a City: W]Approval notification from appropriate City. Applicant attests that they have signed this Application in the capacity designated, if any, and further attests that they have read document and the statement contained herein and any attached are true and factual. All Applicants are encouraged to review the County Regulations prior to any plat submittal. It is understood that this Application is not finished or dated until all documents listed above are filed at the Brazos County Engineering Office and all applicable blanks are filled in the Application above. i Every Simplified Plat shall include all of the following: Title Block with the following information: WIName, address, telephone and email address of Subdivider, recorded Owner, Engineer and surveyor. FProposed name of Subdivision. (Subdivision name & Street names will be approved through the Brazos County 911.) (Replats need to retain original Subdivision name.) ✓ Date of preparation. (Include the date of any revisions on the plat.) ✓ Engineer's scale in feet. ✓ Total area intended to be developed. Proposed number of Lots to be developed. ✓ Re -plat or Amending Plat, existing Lot and Block description or Abstract name and number. ✓ North arrow. ✓ Drawn on 24" x 36" sheet to scale of 100 -feet per inch or larger. ✓ Subdivision boundary indicated by heavy lines. Boundary must include all of Parent Tract. ✓ All horizontal control and vertical elevations depicted on the plat shall be tied to NA083 and NAVD 1988 Datum. FA vicinity map, drawn at a scale appropriate to show all nearby major Roadways and sufficient in detail to identify the location of the proposed plat. Z✓ All adjacent property Owner's names, deed record, or Subdivision name, Block and Lot number, and existing use. All parcels within the boundary of the Subdivision shall have a Block and Lot number shown on the face of the plat drawing. County boundaries, City limits, Extraterritorial Jurisdiction (ETJ) boundaries, school district boundaries and Subdivision section and/or phase boundaries. Road names and Right -of -Way width for all Roads. (Existing and proposed) All existing and proposed plat boundary lines, phase/section lines, and Lot lines with bearings and dimensions. Utility Services. (Water, wastewater, electrical, natural gas, cable, phone, etc.) §and Pipelines: label company with volume and page. All certification language as found in Appendix C. Easements and rights-of-way shall be dedicated to the public. The dedication of all Easements rights-of-way shall be accomplished free of liens. The dedication shall be accompanied by the Certificate of Ownership and Dedication language found in Appendix C. The Owner's and any lien holder's dedication, and restrictions if any duly acknowledged in the manner required for acknowledgement of deeds, shall also be provided. ©All proposed Easements and existing Easements of record that have a designated route shall be shown on the plat with bearings and dimensions. The Owner shall be responsible for coordinating with all Utility Providers the location of all utility Easements that are shown on the Final Plat. Building Setback Lines for each proposed Lot as defined herein. For Subdivisions located within an Extraterritorial Jurisdiction (ETJ), this may be shown on the drawing or included as a plat note. Metes and bounds description of the property to be subdivided shall be certified by a Registered Professional Land Surveyor (RPLS), describing a beginning point and reciting bearings and distances to a corner of the original land grant survey of which the Subdivision is a part, according [Vol,�2 Pg. ���_ to the best available data. (Shown on drawing, not separate description) 7AII Subdivision external corners, angle points, points of curvature and points of tangency shall be set by a Registered Professional Land Surveyor (RPLS) before the plat is recorded and shall be a TxDOT "Light Duty Setting" monument with an aluminum or bronze disk as specified in Appendix C of the TxDOT Survey Manual of April 2011. Alternately, Bernsten® Standard Aluminum Base monument (or equivalent as approved by the County Engineer) embedded and backfilled with compacted sand may be used. All Daughter Lots, Blocks and rights-of-way within the Subdivision shall be fully monumented in compliance with the Texas Board of Professional Land Surveying Act and the Board Rules set by a Registered Professional Land Surveyor (RPLS) before the plat is recorded. Primary control points or descriptions and ties to such control points, to which, later, all dimensions, angles, bearings, Block numbers, and similar data shall be referred. The plat shall be located with respect to a corner of the surveyor tract, or an original corner of the original survey of which it is a part. All boundaries shall be tied to a County control monument. The plat note regarding Owner's responsibilities as found in Appendix G.4, if not contained in the Owner's dedication. The On-site Sewage Facility (OSSF) setback as required by the Brazos County Health District. The location, zone classification and panel Effective Date of the 100 -Year Floodplain as identified on the most current Brazos County Flood Insurance Rate Map (FIRM), published by the Federal Emergency Management Agency (FEMA). RIf there are any areas within the plat that include a FEMA -mapped Floodplain with a Zone A classification, or if there exists within or adjacent to the plat any water courses whose upstream drainage basin is larger than 64 acres, the plat shall also show the extent of the 100 -Year Floodplain as determined by an engineering study under the seal of a Registered Professional Engineer. This study shall be sufficient in scope to determine and establish a BFE for all points within the plat. F7BFE's shall be shown for all points within the plat, as determined by the results of an engineering study. For plats where a FEMA -mapped Floodplain with a Zone AE classification exists within the plat, the BFE established by the accompanying FEMA- published flood study may be substituted for the engineering study. FY7A minimum lowest finished floor elevation (FFE) for Buildings shall be established for each Lot within the plat. This minimum FIFE shall be twelve (12) inches higher than the highest spot elevation that is located within five (5) feet outside the perimeter of the Building, or two -feet above the BFE, whichever is higher. If any areas within the plat include a 100 -Year Floodplain (as determined by the results of an engineering study or as established by FEMA), a benchmark shall be established by the Owner within or immediately adjacent to the boundary of the plat. The location, description and elevation of the benchmark are required to be identified on the face of the plat. The elevation of this benchmark shall utilize the same vertical datum as that used in the engineering study to determine the FIFE. A separate drawing containing both existing and proposed topographic information at 2 -FT contour intervals along with the plat boundaries, Easement locations (existing & proposed), and culverts (existing & proposed). The certification language as found in Appendix C for both the Commissioner's Court approval and the County Clerk's filing certificate shall be located on the face of the plat. These signatures shall be obtained after approval by the Brazos County Commissioner's Court. W1 If any Lal within the plat will be served by a well or an On-site Sewage Facility (OSSF), a letter must be provided by the Brazos County Health District stating they have examined the plat and that it is in compliance with the Brazos County On-site Sewage Facility (OSSF) Regulations, Construction Standards for On-site Sewage Facility (OSSF) Regulations as published by the Texas Commission on Environmental Quality (TCEQ). This letter must be signed by a representative of the District prior to Final Plat approval. ✓❑ If the plat contains a water well site there shall be a depiction of the TCEQ separation Vol.�2j_2� — PQ. -) ®� requirements per Title 30, Part 1, Chapter 290, Subchapter D Rule §290.41. If rural route mailboxes are proposed, the plat note as found in Appendix G.2 for placement of such mailboxes shall be shown on the face of the plat. RIf any areas of the plat are located outside of all incorporated areas, the plat note as found in Appendix GA regarding the requirement to obtain a unique Development Permit from the Brazos County Floodplain Administrator prior to locating or altering a structure or land shall be placed on the plat. ❑7 It is the responsibility of the Owner to assure that the proposed name of the Subdivision is not duplicated. Subdivisions with different sections are considered unique. The Owner shall check with the County Clerk's records for verification. Driveway culverts for all Lots shall be designed by a Licensed Professional Engineer. If entrances or driveways are proposed fronting Texas Department of Transportation (TxDOT) controlled highways, farm-to-market Roads, or others, copies of correspondence with TxDOT are required to be submitted with the Preliminary Plan stating that the general entrance or driveway configuration is within TxDOT's guidelines. Formal approval of the layout from TxDOT is required prior to approval of Final Plat. The diameter and length for each driveway culvert shall be shown on a table on the plat. This information shall also be placed in the deed restrictions for the Lots in the Subdivision. The Owner shall provide a letter of serviceability from an entity or entities providing water service or a letter stating that no service is available within 300 feet of the Subdivision and certifying that the Lots are suitable for private wells. Any improvements proposed within the Right-of-Way including, but not limited to, irrigation, landscaping, sidewalks, Subdivision identification signs, etc. shall be maintained in accordance with an executed license agreement between the County and the Owner. This check list along with the required copies of the plat shall be submitted to the County Engineer for approval. Location and size of all existing and proposed subsurface and surface water drainage facilities, including water bodies on or immediately adjacent to the subject property and detention basins, if needed. All existing and proposed water courses or manmade drainage channels shall be located within a Common Area to be maintained by Owner. t Every Final Plat must include all of the items provided on the Simplified Plat checklist as well as the following: ❑ For Road widening and drainage purposes the Owner shall dedicate the Right -of - Way. In the case of drainage that is provided for the Lots, it shall be located outside of the Right -of -Way in a private drainage Easement. In the case of drainage that is provided for the Roadway, it shall be located within the Right -of -Way. ❑V If public Roadways are to be built as part of the plat, the plat note regarding the responsibility for construction of Roadways as found in Appendix G.3 shall be placed on the face of the plat. WIThe plat note regarding Owner's responsibilities as found in Appendix GA, if not contained in the Owner's dedication. Indicate the centerline length of each Road in the proposed Subdivision and its design speed. ❑� If more than four mailboxes are to be provided within the Subdivision, cluster mailboxes shall be provided and the location of such shall be indicated on the plat. RIf the Roads within the Subdivision will be privately maintained, include the appropriate note(s) per the requirements of Article 8 of these Regulations. Locations of existing and proposed private alleys. VLocations of existing and proposed public areas. Locations of other Public Improvements, including but not limited to parks, schools and other public facilities. All Off-site Easements for infrastructure construction must be shown on the Final Plat with a volume and page listed to indicate where the separate instrument Easements were filed. Separate instrument Easements must be filed prior or concurrently with Final Plat. ❑� Proposed phasing. All phasing shall be in accordance with the approved Master Plan and/or Preliminary Plan and each phase must be able to stand alone to meet requirements of these Regulations. Infrastructure costs should be separate for each phase of the Subdivision. Location and size of all existing and proposed subsurface and surface water drainage facilities, including water bodies on or immediately adjacent to the subject property. If the proposed Final Plat is to be a Private Subdivision (containing privately maintained Roads), the title of the plat shall contain the phrase, "A Private Subdivision". Refer to Article 8 for additional requirements. ❑7 In the case of an On-site Sewage Facility (OSSF), the Developer shall be responsible for providing a Development Plan, as performed by a Professional Sanitarian, a Licensed Professional Engineer, or person certified as required by TCEQ Title 30 TAC Chapter 285. The sewage disposal plan shall be performed according rules and regulations established by the Brazos County On-site Sewage Facility (OSSF) Order and TCEQ Title 30 TAC Chapter 285. Vt�l, � p9• �-�' n BRAZOS COUNTY, TEXAS BUDGE'r AD7ENDMENT(S) EOR THE 2016-2017 BUDGET YEAR NO. 16/17 47.1 —47.5 On this the 22nd day of Aumust 2017 at a regular meeting of the Commissioners' Court, the following members were present: A. Duane Peter, County Ridge, Presiding B. Steve Aldrich, Commissioner, Precinct I C. Sammy Catalena, Commissioner, precinct 2 D. Nancy Berry, Commissioner, Precinct 3 13. Irma Caulev, Commissioner, Precinct 4 P. Karen McQuecn, County Clerk The following proceedings were held: THAT WHEREAS, on 22nd day of August 2017 the Court heard and approved a budget amendment for the 2016-2017 budget year for Brazos County, Texas; and WHEREAS, expenditure is necessary clue to the necessity to meet unusual and unforeseen conditions Which could not be reasonably included in the original budget adopted 6 September 2016, the following amendments) to the original budget are hereby authorized, as described on the attached page(s). ADOPTED AND APPROVED this the 22nd day of August 2017. THE COMMISSIONERS COURT OF BRA%OS COUNTY, TEXAS. 13y: _ Duane Petcrs, County Judge Original: County Clerk's Office and Attached to the original budget f V 76 f� �. BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 16117 - 47.1 8122/2017 FUND DEPARTMENT DIVISION CATEGORY DESCRIPTION Increase Decrease General Fund Convnlssioners Court No,De mt,rlal Minor Attuisitions 715,12 General Fund 1'rcasurer hfinor Ac nisifions 711.12 FUND DIV ACCT DR/CR ACCOUNT NAME Increase Decrease 0100 11600500 67342066 CR Furnihtre 11 s.I2 0100 12000100 6734'000 DR Fumiwm 715.12 Cammissienerrs Court vnd'rrcusurer Reallocation of (ands to the a22ropnate ucommts m pu,chase two chairs tar the Tn as Gree, De am,mn Date nv'a`5.�1. .r„ BM6l2077j may....� & -Inyi")o.')�-. ,Departrnent Approvalga,A.t;�DateV9 tto $P-7tiiwl't C'R' u 0 �r* 7, �m `:4', 7 Em County dge;Approval „ft Vol. �25'_ Pg. / FUND DIV ACCT DR/CR ACCOUNT NAME Increase Decrease 0100 11600500 67342066 CR Furnihtre 11 s.I2 0100 12000100 6734'000 DR Fumiwm 715.12 Vol. �25'_ Pg. / BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 16/17 - 47.2 8 /2 212 01 7 FUND DEPARTMENT DIVISION I CATEGORY DESCRIPTION Increase Decrease General Fund Commissioners Coun NomUc atnneatal I Minor Acquisitions 613,27 General Fund lnfotmalioa'Fechao]agy 1.'1'. Services Minor Acquisitions 618.27 FUND DIV ACCT DRICR ACCOUNT NAME Increase Decrease 0100 11000500 67203000 CR Minor Cum user liardware 618.27 Inalaro DR MinorCom user hardware 618.27 Cammissiancrs' Coart and Ldurteatitm I'ccl Redlncatma of fund, to the upproprime iccoualF m pnrcha, a rr Iacement scanner for the laii, ss.5ili t Mx LDoPartmetiY:APProval,�i�t{�..y.:'}� ,�iDate',��{yy}" tCou cg Re e Fau.lr<uuntin 1'tir`"'ise`s.Orili, '. tj '., e 7""r'Ydt�'?cMi .. a '%7f$ �. FUND DIV ACCT DRICR ACCOUNT NAME Increase Decrease 0100 11000500 67203000 CR Minor Cum user liardware 618.27 0100 14000200 67203000 DR MinorCom user hardware 618.27 BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 16117 - 47.3 8/2212017 FUND DEPARTMENT DIVISION CATEGORY DESCRIPTION Increase Decrease County Records Mctnt Count, Records NIL"t Sala,R Wo -es 11,711.00 County Records NI¢mt Counev Records NI unt nencths 11.711.00 Canna ltrennl,v Jlnnn cravat Reallocation of funds to the,,ppnpH.tc uceounts to cover em lo�cu health insurance Cor the remainder of FY 17. =140 M IN DepartmenPApprcyal NUMWM te' ,a u County Judge�Approval10,y��.;, 3Llw:�a[e.u'Li�'a�`N.:ra� F oeeCettiuntiii Pur "sc3Oril : „. - ,ate l.R;�(#tu � nx`hiP>si'sd=Pd i"&} -': FUND DIV ACCT DR/CR ACCOUNT NAME Increase Decrease 1900 500100100 516400011 CR Dourh'T'cm orary 11,711.00 1900 50000100 533,00000 UR !ire loyee health lasurnnce 11711.00 Fall _ J A1C BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 16117 - 47.4 FUND DEPARTMENT General Fund SheriffAdministmCon General Fund I Sheriff Mminisirauon 812212017 DIVISION CATEGORY DESCRIPTION Increase Decrease P$enices ?.00000 rofessional x,000.00 De nul-tal Su on I I FUND 0100 0100 I DRICR-1 CR DR I I I I I Sh,iff,Adrat t Rcallocaden of funds to the ao rov6ate accounu m cover Pavel caoenses for the remnindcr of FY 17. C•iiLleco`untiu •Pur -n4es:Onlr �' .:.7..'"?.`>f I I FUND 0100 0100 DIV ACCT 28000700 I 7214_000 23000100 61301000 DRICR-1 CR DR ACCOUNT NAME Increase Decrease Clink Services 2.000.00 Frmcl 2000-00 I II I I I I I � BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 16117 - 47.5 wzvnn r7 FUND DEPARTMENT DIVISION CATEGORY DESCRIPTION Increase Decrease General Permanent Ira rov. Fund General Perananantlmprow. Fund Ca, rad Pro cera Ca ual Outlay 17,090.00 CenrnJ Perm;ment Ira rov. FunJ FUND I Other Finn,cine Sources 17.090.00 General Fund ACCOUNTNAME Other Financin • Source 17.090.001 1 General Fund I County Court at Lnw 91 D"tat Support 65727 General Fund County Coun at Law 41 1 Minor Ac ursitrons 716.70 General Fund Camm Dartmental Support 774.56 1 General Fund Coura Cort w02 %lino, Acquisitions 716.70 Creneml Fund Associate Coun d2 Departmental SupRort 2.534.39 General FunJ Assoerate Coun rc2 %lino, Acquisitions 4,253.34 General Punt Cammissionels Coun Non-Dcnmnemal De anmavul Supper 3.027.79 GenemlFund Commissioner's Court Non-De.anmenml Minor Attuisitions 4103.35 DR Minor Com uter llaNware 716.701 0100 General Ca ital Pru'em and Cutup, Court at Lao dl. Count, Court at Lott R2. Arwciute.ludgv 42, and Conimisvianer's Court Software -No'1'n¢ Reallocation of funds to the appropriate accounts to purchase electronicAT equipment for the courtrooms (County Coun at law a 1, County Court Ausilsry Court R 1 and Ausilary Court 02). at Lmw Q, Associate Count 02, Z 5 y lCoun[y,JudgewApproval�;"g"_ 1 Vol, FUND I DIV ACCT I DR/CRli ACCOUNTNAME Increase Decrease 4500 63000700 %0101003 CR Courthouse Renormwrt, 17.090.60 4500 91300000 1 DR "I'master to General Fund 17 090.60 0100 49015000 1 Transfer fin Cat. hop. Fund 17.090.60 0100 ?3000100 60211000 DR Software -No Tug 327.64 0100 _'3000100 60500000 Dlt E ui ment & I.I.'Enhancement 3'_9.631 0100 23000100 67'_03000 DR Minor Com uter llaNware 716.701 0100 23100100 60211000 DR Software -No'1'n¢ 327,64 0100 23100100 60500000 DR Equi ment&. LT: Enhancement 446' 0100 23100100 67203000 DR Minor Computer llnnlwnre 716.70 0100 22300100 60211000 DR Softanre-Nola' 1.144.17 0100 22800100 60500000 DR l ui mem R LT. Enhancement 1.390.72 0100 32300100 67203000 DR Miac,Computer llardo,am 3.777.03 0100 22800100 67670000 DR Pnnrem 476.76 0100 11000500 60211000 DR Sothvare - No Tae 1471.81 0100 1100050060500000 DR E to moot&- CI. Enhancement 1,555.93 0100 11000500 67203000 DR MiaQrControl, Ilardwum 4103.55 1 Vol, PERSONNEL CHANGE OF STATUS REQUESTS Commissioner Court Date: August 22, 2017 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 Collections Brown, Melinda L. Change of Status Wersig, Michael D. Separation Exposition Complex Garcia, Ernesto V. Separation Juvenile Services May, Kimberly A. Separation Purchasing Patino, Celina Employment Sheriffs Office — Admin. Buttgenbach, Laura J. Change of Status Sheriffs Office —Detention Maldonando, Moises G. Separation Wilcox, David A. Change of Status Sheriffs Office — Medical Moffatt, Darlene Employment Tax Office Barrington, Jeannette M. Change of Status Hines, Angela N. Change of Status Moore, Tommie A. Change of Status Radke, Tracy R. Employment Williams, Lequnia L. Employment Approved in Commissioners' Court: AuqustZ2,2W7 County Judge's or Commissioner's Signature: (This Copy to be attached to minutes) 2