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BRYAN, TEXAS AGENDA
BRAZOS COUNTY COMMISSIONERS COURT MEETING
THE COMMISSIONERS COURT WILL MEET IN REGULAR SESSION ON TUESDAY,
SEPTEMBER 3, 1996 AT 9:00 A.M. IN THE COMMISSIONERS COURTROOM OF THE
BRAZOS COUNTY COURTHOUSE, 300 EAST 26TH STREET, SUITE 115, BRYAN,
TEXAS.
1. Invocation - Commissioner Sims.
2. Pledge of Allegiance - Commissioner Sims.
3.
Citizens input and/or concerns. At this time, the Judge will open the floor to citizens
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wishing to address the Court on county-related issues not scheduled on the agenda. Please
limit subject matter to five minutes. The Commissioners will receive the information,
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conduct research into the matter, and/or place the matter on a future agenda for
discussion. (A recording is made of the meeting; therefore, please give your name and
address for the record.)
Consider and take action on agenda items 4 - 22:
4.
Personnel Change of Status.
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5.
Payment of Claims.
6.
Budget Amendment 95/96-40.
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7.
Reallocation of sales tax to the State.
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8.
Salary adjustment for FY 1997 for Justice of the Peace, Precinct 4.
9.
Salary adjustment for FY 1997 for Constable, Precinct 1.
10.
County Indigent Health Care Program Contract with the Brazos Valley Development
Council and designated attending physicians.
11.
Contractual Agreement with Brazos County Soil & Water Conservation District.
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12.
Interlocal Participation Agreement for Texas Association of Counties Property and '
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Casualty Self-Insurance Fund.
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13.
Clinical Psychology Assistantship Agreement with the Psychology Clinic in the
Department of Psychology at Texas A&M University for Brazos County Juvenile
Services.
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Commissioners Court Meeting Agenda
September 3, 1996
Page Two
14. Amended "fixed salary for fluctuating work weeks" policy for the Brazos Center.
15. Landscape and maintenance services for Road & Bridge collection sites.
16. Requisitions from General Fund for the following:
a. Battery backup/System protector of UNIX for Municipal Planning Organization.
b. Paper shredder for Juvenile Services.
17. Requisition from Capital Equipment for a used mailing machine.
18. Requisitions from County Clerk Preservation Fund for the following:
a. Canon typewriters for County Clerk.
b. Secretarial chairs for County Clerk.
19. Approval to advertise for bids for cellular phone service.
20. Approval to advertise for proposals for Election Services.
21. Request from Road & Bridge for permission to enter Elizabeth Merritt's property located
on Elmo Weedon Road for the purpose of cutting brush from the corner of Elmo Weedon
Road and Grassbur Road to reset fence post and four-wire fence for better sight distance
for the health, safety and welfare of the general public. Site is located in Precinct 3.
22. Granting of Right-of-Way Easement to Seminole Pipeline Company for the placement of
a pipeline in the right-of-'way of Greens Prairie Trail. Site is located in Precinct 1.
23. Presentation by Scott Delucia for presort services provided to the County.
24. Call for citizen input and/or concerns.
25. Announcement of interest items and possible future agenda topics.
26. Adjourn.
The Courthouse is wheelchair accessible. Handicap parking spaces are available. Any request
for sign interpretive services must be made 48 hours before the meeting. To make arrangements,
call (409) 361-4102.
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BRAZOS COUNTY COMMISSIONERS' MEETING ON TUESDAY, SEPTEMBER 3, 1996AT 9:00 A.M.
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COMMISSIONERS' COURT
REGULAR MEETING
SEPTEMBER 3, 1996
A regular meeting of the Commissioners' Court of Brazos
County, Texas was held in the Commissioners' Courtroom in the
Courthouse in Bryan, Brazos County, Texas, beginning at 9:00
a.m. on Tuesday, September 3, 1996, with the following members
of the Court present:
Alvin W. Jones, County Judge, Presiding;
Gary Norton, Commissioner of Precinct 1;
Sandie Walker, Commissioner of Precinct 2;
Randy Sims, Commissioner of Precinct 3;
Carey Cauley, Jr., Commissioner of Precinct 4;
Mary Ann Ward, County Clerk.
Attached is a list of citizens and officials in
attendance.
Commissioner Sims gave the invocation and led the pledge
of allegiance. '
There was no citizen input and/or concerns.
The County Judge asked Fred Forstoff Director of
Emergency Management to come to the podium whereupon he read.
aloud and presented Mr. Forstoff with a Certificate of
Achievement.
The Court proceeded to consider the change of status of
the following employees.
NAME
DEPARTMENT
REASON
Atkins, Tom Brazos Center Resignation
Gallagher, Deanna Brazos Center New Employee
Bosquez, Dorothy District Attorney Transfer
'ff District Clerk New Hire Date
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Hoffman,
Ramage,
L any
Jack
Juvenile Services
Trans to Temp
Fava, Pedro (Pete)
Road and Bridge
Resignation
Rivers,
Jason A
Road and Bridge
Resignation
Toomer,
Tessa L
Treasurer's Office
Transfer
Barker,
Shelly L
Tax Office
Promotion
Holcomb,
Delores
Tax Office
Promotion
Bennett,
Holly Ann
Tax Office
New Employee
Commissioner Sims questioned the revised effective date of the
employee in the District Clerk's Office. The County Judge
explained that it was a clerical error. On motion by
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Commissioner Walker, seconded by commissioner Cauley,
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Court voted unanimously to approve the changes as submitted.
The Court next considered the following Claims as
submitted by the County Treasurer for payment:
96-009930 through 96-010100
• On motion by Commissioner Cauley, seconded by Commissioner
Walker, the Court voted unanimously to approve the Claims as
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submitted.
The Court next considered Budget Amendment #95/96-40,
which would reallocate funds budgeted for various departments.
On motion by Commissioner Walker, seconded by Commissioner
Sims, the Court voted unanimously to approve the budget
amendment as submitted, a copy of which is attached hereto.
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a The next matter for consideration was a communication
from the State Comptroller indicating that Brazos County needs
to repay the state $107,231.21. These sales tax funds were
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distributed incorrectly over a four to five year period. On
motion by the County Judge, seconded by Commissioner Norton,
the Court voted unanimously to repay $3,000 per month for
thirty five (35) months and the thirty sixth (36) payment of
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$2,231.21.
The next matter before the Court was the salary
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adjustment for fiscal year 1997 for Justice of the Peace
Precinct 4. The Salary Grievance Committee met and voted on
August 26, 1996 and by a unanimous vote, recommended an annual
salary of $41,000 for Fiscal Year 1996-97. On motion by the
} County Judge, seconded by Commissioner Walker, the Court voted
unanimously to accept the unanimous recommendation of the
{ Salary Grievance Committee and increase the salary of Justice
of the Peace Precinct 4 to $41,000.00 for fiscal year 1997.
The Court next considered the salary adjustment for
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fiscal year 1997 for Constable Precinct 1. The Salary'
Grievance Committee met and voted on August 26, 1996. The
vote was seven (7) "Ayes" and two (2) "Nos". The following ~
people spoke on behalf of reinstating the salary:
1) Commissioner Norton
2) Tommy Lyons, Justice of the Peace Precinct 1
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3) Commissioner Cauley
4) Melissa Wilkerson
5) Blanche Prescott
6) Marilyn McWhorter
The County Judge moved to reject the recommendation of the
Salary Grievance Committee to reinstate the salary of
Constable Precinct 1 to $10,593.00. Commissioners Sims,
Walker and the County Judge voted "Aye". Commissioners Norton
and Cauley voted "No".
The next matter before the Court was consideration of the
County Indigent Health Care Program Contract with the Brazos
Valley Development Council and designated attending
physicians. This is a renewal of the contract with the Brazos
Valley Development Council staff continuing to provide all
services and administrative functions. Term of the contract
is October 1, 1996 through September 20, 1997. On motion by
Commissioner Norton, seconded by Commissioner Walker, the
Court voted unanimously to renew the County Indigent Health
Care Program Contract with the Brazos Valley Development
Council and authorized the payment of $54,000.00 in quarterly
payments. A copy of the contract is attached hereto.
The Court next considered renewal of the contractual
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agreement between the Brazos County Soil & Water Conservation
District and Brazos County. The District will provide soil
and water conservation services to the residents of Brazos
County and to the County proper. On motion by Commissioner
Sims, seconded by Commissioner Walker, the Court voted
unanimously to renew the contractual agreement with the Brazos
County Soil & Water Conservation District and authorized the
payment of $4,400.00. A copy of the contract is attached
hereto.
The next matter before the Court was consideration of an
Interlocal Participation Agreement for Texas Association of
Counties (TAC) County Government Risk Management Pool,
Property and Casualty Self-Insurance Fund. This Pool is an
unincorporated association of counties and other political
subdivisions that was created to provide liability coverage to
its members pursuant to Chapter 791, Government Code, V.T.C.A.
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and Chapter 119, Local Government Code, V.T.C.A.. On motion
by Commissioner Sims, seconded by Commissioner Norton, the
Court voted unanimously to become a member of this Pool
effective July 1, 1996. A copy of the Agreement is attached
hereto.
The next matter for consideration was a Clinical
Psychology Assistantship Agreement with the Psychology Clinic
in the Department of Psychology at Texas A&M University for
Brazos County Juvenile Services. The University will provide
a masters level graduate intern in clinical psychology to
Juvenile Services for ten (10) hours per week for a twelve
(12) month period from September 1, 1996 to August 31, 1997.
Juvenile Services agrees to pay $10,194.48 in monthly
installments of $849.54. On motion by Commissioner Walker,
seconded by Commissioner Cauley, the Court voted unanimously
to enter into Agreement with the Psychology Clinic in the
Department of Psychology at Texas A&M University and authorize
the payment of $10,194.48. A copy of the Agreement is
attached hereto.
On motion by Commissioner Walker, seconded by
Commissioner Norton, the Court voted unanimously to approve
the amended "fixed salary for fluctuating work weeks" policy
for the Brazos Center. A copy of the amended policy is
attached hereto.
On motion by Commissioner Cauley, seconded by
Commissioner Norton, the Court voted unanimously to table
consideration of landscape and maintenance services for the
Road & Bridge collection sites pending further information.
The Court next considered approval of following two (2)
requisitions from the General Fund:
a) Battery backup/System protector of UNIX for
Municipal Planning Organization in the amount of
$675.00
b) Paper shredder for Juvenile Services in the
amount of $899.00
On motion by Commissioner Norton, seconded by Commissioner
Cauley, the Court voted unanimously to approve the
requisitions in the total amount of $1,574.00 to be paid from
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the General Fund for the purchase of the previous named items
for the Metropolitan Planning Organization and Juvenile
Services.
The Court next considered approval of a requisition from
Capital Expenditures for the purchase of a Pitney Bowes
Mailing Machine for the Tax Office. Cost of the Mailing
Machine is $500.00. On motion by Commissioner Walker,
seconded by Commissioner Norton, the Court voted unanimously
to approve the requisition in the amount of $500.00 to be paid
from Capital Expenditures for the purchase of a Mailing
Machine for the Tax Office.
The Court next considered approval of a requisition from
the County Clerk Preservation Fund for the purchase of three
(3) Cannon Typewriters and two (2) chairs for the County
Clerk's Office. Cost of the typewriters and chairs is
$1,143.26. On motion by Commissioner Norton, seconded by
Commissioner Cauley, the Court voted unanimously to approve
the requisition in the amount of $1,143.26 to be paid from the
County Clerk Preservation Fund for the purchase of typewriters
and chairs for the County Clerk's Office.
The next matter for consideration was approval for the
Purchasing Agent to advertise for bids for cellular phone
service. On motion by Commissioner Walker, seconded by
Commissioner Norton, the Court voted unanimously to authorize
the Purchasing Agent to advertise for bids for cellular phone
service.
The next matter for consideration was approval for the
Purchasing Agent to advertise for proposals for Election
Supplies and Services. On motion by Commissioner Sims,
seconded by Commissioner Walker, the Court voted unanimously
to authorize the Purchasing Agent to advertise for proposals
for Election Services.
The Court next considered authorizing work outside of
county rights-of-way for the health, safety and welfare of the
general public. The Road and Bridge Department requested.
permission to enter the private property of Elizabeth Merritt
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on Elmo Weedon Road to cut brush from the corner of Elmo
Weedon Road and Grassbur Road to reset fence posts and four
wire fence for better sight distance. On motion by
Commissioner Sims, seconded by Commissioner Cauley, the Court
voted unanimously to authorize the work.
granting of a right-of-way easement to Seminole Pipeline
The next matter for consideration by the Court was the
Company for the placement of a pipeline in the right-of-way of
Greens Prairie Trail in Precinct 1. On motion by Commissioner
Norton, seconded by Commissioner Walker, the Court voted
unanimously to authorize the County Judge to execute the
right-of-way easement to Seminole Pipeline Company along
Greens Prairie Trail in Precinct 1.
The Court next heard a presentation by Scott Delucia for
presort mail services provided to the County. The County
Judge thanked Mr. Delucia and said would take the information
under advisement.
There was no citizen input and/or concerns.
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The following comments were made:
a) The County Judge informed the Court that the
City of Bryan was needing to acquire right-of-way
along FM 158 at the Boonville Cemetery site.
b) Bill Jeanes spoke on the need for Certificates
of Insurance for lease equipment and contracts.
c) John Reynolds spoke on the allocation of
support costs for departments attached to the
county.
d) County Judge said he had received calls from
two (2) departments not paid with County dollars
inquiring about compensatory time pay off.
Commissioner Sims addressed compensatory time at
Road & Bridge.
There being no further business to come before the Court,
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the meeting was adjourned.
The foregoing minutes of the Commissioners court meeting
held September 3, 1996 have been examined and are approved in
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open Court this the 26th day of November 1996
in Bryan, Brazos County, Texas.
Alv . Jon
County Judge
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Commiss' I Precinct
arey u ley, Jr.
Commis Toner, Preci ct 4
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Comm one
Comm s over, Precinct 1
Randy Si
Commiss'oner, Precinct 3
Mary Adh Ward
County Clerk
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BRAZOS COUNTY, TEXAS
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BUDGET AMENDMENT(S) FOR THE 1995_1996 BUDGET YEAR .
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NO. 95/96-40 c
On this the 3rd day of September 1996 at a regular meeting of the
Commissioners' Court, the following members were present:
Alvin W. Jones, County Judge, Presiding
Gary Norton, Commissioner, Precinct 1;
Sandie Walker, Commissioner, Precinct 2;
Randy Sims, Commissioner, Precinct 3;
Carey Cauley, Commissioner, Precinct 4;
Mary Ann Ward, County Clerk.
The following proceedings were held:
THAT WHEREAS, on September 3, 1996, the Court heard and
approved a budget amendment for the 1995-1996 budget year for
Brazos County, Texas.
WHEREAS, an expenditure is necessary due to the necessity to
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meet unusual and unforeseen conditions which could not be
reasonably included in the original budget adopted September 26,
1995 the following amendment(s) to the original are hereby
authorized, as described on the attached 1 page(s).
ADOPTED AND APPROVED this the 3rd day of September 1996
THE COMMISSIONERS' COURT OF BRAZOS COUNTY, TEXAS.
By: Alvin W. Jones, County Judge
Original: County Clerk's Office and attached to the original
budget
Copies: County Auditor
County Treasurer
Commissioners' Court Minutes
Budget Amendment File
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JDate: 8/,30/96_ _ I Nate:.
8/26/96
VOL.~.._ PAGE. 10:01 AM
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INDIGENT HEALTH CARE CONTRACT
This Contract is Subject to Arbitration Under the
Texas General Arbitration Act
This Contract is entered into by and between BRAZOS County acting
by and through its duly elected Board (hereinafter "County") and
the BRAZOS VALLEY DEVELOPMENT COUNCIL (hereinafter "BVDC").
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The purpose of the Contract is to outline the responsibilities of
each of the parties in the operation of the Indigent Health Care
and Treatment Act, Texas Revised Civil Statutes Article 4438(f),
created by Senate Bill 1 during the Special Session of the 69th
Texas State Legislature.
The parties mutually agree as follows:
In compliance with the Indigent Health Care and Treatment Act and
the Texas Constitution, the County agrees to provide the financial
resources for the mandatory Inpatient, Outpatient, Physician,
Prescription, X-Ray, Laboratory, Rural Health Clinic, and Family
Planning services to eligible household members who meet the
requirements of the Act, the Texas Department of Health (TDH)
Handbook, and the BVDC.
RATES FOR REIMBURSEMENT
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The County agrees to join other counties in the Region and provide
their pro-rata share of funds for the administration of the County
Indigent Health Care (CIHC) program by BVDC for State Dept. of
Health Region 7. The amount payable by the Brazos County to BVDC
is $54,000.00 through September 30, 1997. Payment will be made to
the BVDC quarterly.
RESPONSIBILITIES OF BVDC
For and in consideration of the funding provided by the County, the
BVDC will be responsible for providing the following services
pursuant to this Contract:
1. Providing of all necessary application forms to
potentially eligible individuals.
2. Provide intake services in the county at least once a
month.
3. Assist applicants•in completing all necessary forms.
4. Determine the eligibility of each applicant with regard
to residency and financial qualifications pursuant to the
procedures and qualifications defined in the Act,
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Page 2 - CIHC Contract
Brazos County
included but not limited to Sections 1.03 and 1.06. In
this capacity the BVDC shall also be responsible for
mailing all necessary forms and following all procedures
defined in the Handbook with regard to notifications and
appeals on the issue of household eligibility.
5. Maintain this Contract and assist the parties hereto in
the operation of the program.
6. Maintain data files on clients.
7. Provide information to all parties as needed.
8. Respond to all and any inquiries regarding the program.
9. Assist the County with information needed for audit
purposes.
10.1 Monitor the program on a periodic basis to review overall
program management and operation.
11. Assist the County with all of its responsibilities under
the Act and the Constitution.
12. Perform all other duties and functions necessary to
fulfill the requirements as outlined in the Act and the
TDH Handbook.
13. Review the eligibility of each household every six (6)
months.
1.4. Prepare and distribute to the Provider no less than once
every six (6) months a computer list of eligible
residents.
15. Determine eligibility not later than the fourteenth (14)
day after receiving a completed application from an
applicant including all necessary documentation and
verifications.
16. Receive all bills submitted by the Provider for payment
of services and review the same to verify that the
services and the patient qualify in all respects.
17. Send all bills for payment-to the County for payment.
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Brazos County
RESPONSIBILITIES OF COUNTY
The county shall be responsible for the following duties and
requirements:
1. Provide County funds for the payment of mandated
services.
2. Provide County funds for the administration of the
program to the BVDC on a monthly basis, prior to the
tenth of the month.
3. Develop a system for the payment of indigent health care
services bills or incorporate this billing procedure into
the County's established system for paying like bills.
4. Provide an audit of the program as required by state law.
5. Accept ultimate responsibility for payment of services
which may be determined through an audit to have been an
ineligible expense. .
6. Provide for and assist with the procurement of and
payment for legal services as necessary.
7. Provide for and assist with the procurement of and
payment for additional audit services.
TERM
This Contract shall continue in force and effect for a term of one
(1) year commencing on the first day of October, 1996 and shall
terminate on the thirtieth day of September, 1997. The parties
shall have, and there is hereby given, three (3) options to renew
this Contract for a period of one (1) year in each instance, to
follow consecutively upon the expiration of the term hereof and of
any renewal period, upon the same terms and conditions contained
herein except for amendments made by the TDH and/or State
Legislature.
CANCELLATION
This Contract will be cancelled automatically should the County
become remiss in their reimbursements to the BVDC for
administrative services.
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Brazos County
This Contract may be cancelled by either of the parties hereto upon
sixty (60) days written notice as provided herein.
INDEMNITY
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Any monetary loss suffered by the County from ineligible clients,
mistake, fraud, or other conditions can not be recovered from the
BVDC.
The parties further agree to indemnify one another for and hold one
another harmless from and against all suits, claims, demands,
liabilities, or action resulting or alleged to result from the
breach, violation, or non-performance of the terms and conditions
hereof or the negligent performance of the service stated herein
and for any damage to any person resulting from any act or omission
or negligence on the part of each party hereto.
AMENDMENT
This Contract shall be automatically amended by the amendments made
to the Act by the State Legislature, in all other respects, this
Contract may only be amended by the written consent of all the
parties hereto. '
GOVERNING LAW
This Contract shall be executed in and shall be governed by the
laws of the State of Texas..
FURTHER ASSURANCES
Each party hereto agrees to perform any further acts and to execute
and deliver any further documents which may be necessary to carry
out the provisions of this Contract.
SEVERABILITY
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In the event that any of the provisions or portions thereof, of
this Contract, are held to be unforceable or invalid by any court
of competent jurisdiction, the validity and enforceability of the
remaining provisions or portions thereof shall not be affected
thereby.
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Brazos County
ENTIRE CONTRACT
This Contract contains the entire understanding between the parties
hereto concerning the subject matter contained herein. There are
no representations, agreements, arrangements, or understanding,
oral or written, between or among the parties hereto, relating to
the subject matter of this Contract, which are not fully expressed
herein.
EFFECTIVE the 1st day of October, 1996.
BRAZOS COUNTY, TEXAS
By:
dge A ones
BRAZOS VALLEY LOPMENT COUNCIL
By.
om Wilkins r.
Execute erector
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THIS CONTRACT IS SUBJECT TO ARBITRATION UNDER THE
TEXAS GENERAL ARBITRATION ACT
CONTRACT
This Contract is entered into by and between BRAZOS COUNTY, TEXAS, acting by and through Its
duly elected County Commissioner's (hereinafter "County"), the BRAZOS VALLEY DEVELOPMENT
COUNCIL (hereafter "BVDC") and GERALD GARWOOD, D.O., located in BRAZOS County
hereinafter "Provider").
RECITALS
WHEREAS, the care of this State's poor and indigent has become a growing problem; and
WHEREAS, the 69th Legislature of the State of Texas recognizing the need for improved health care for the
State's poor and indigent enacted the Indigent Health Care and Treatment Act, providing for indigent health
care in Texas through the Counties of the State; and
WHEREAS, the Counties are required pursuant to this Legislation to contract with local Physicians (M.D. or
D.O.) to provide health care to the State's indigents;
NOW THEREFORE the parties above stated agree to the following Contract to provide such indigent health
care.
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7. "Eligibility Document" shall mean the identification card, certificate or other document
issued by the BVDC as an indigent, and (ii) is a resident of BRAZOS County and
does reside within an area that a public hospital or hospital district has a legal obligation to
serve.
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DEFINITIONS
1. "Handbook" shall mean the County Indigent Health Care Program Handbook developed
by the Texas Department of Health.
2. "TDH" shall mean the Texas Department of Health.
3. "The Act", shall mean the Indigent Health Care and Treatment Act, Texas Revised Civil
Statutes Article 4438 (f).
4. "Mandated Services" shall mean those services which hospitals and doctors may provide
to Indigents and obtain reimbursement therefor from the County pursuant to the AcL
5. "The Program" shall mean the services offered to the Public pursuant to the Act.
6. "Emergency Services" shall have the meaning assigned by Article 4438a Vernon
Texas Civil Statutes.
This Contract shall continue in force and effect for a term of no more than one (1) year commencing on the
drat (1st) day of August, 1996, or the date upon which this contract is executed, and shall terminate on
the thirty-first (31st) day of August, 1997. The parties shall have, and there is hereby given, three (3) options
to renew this Contract for a period of one (1) year in each instance, to follow consecutively upon the expiration
of the term hereof and of any renewal period, upon the same terms and conditions contained herein except for
amendments made by the State Department of Human Services, and/or the State Legislature with regard to
Mandated Services, rate schedules and other requirements which are incorporated herein and made a part
hereof for all purposes.
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CANCELLATION
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This Contract may be cancelled by any of the parties hereto upon sixty (60) days written notice as provided
herein.
SERVICES TO BE PERFORMED BY PROVIDER
The Provider shall perform only those services which have been declared by the Act to be Mandated Services
as set forth in the handbook. The Provider shall also perform those services which are considered Mandated
Services only if certain specified conditions are met. These Mandated Services may be altered, expanded or
limited by the TDIi through the promulgation of regulations and rules and as the Act may be amended from
time to time by the State Legislature. The BVDC shall keep the Provider updated with all additions, exclusions
or changes to the Mandated Services
The Provider shall deliver Emergency Services to those indigents who have been determined by the BVDC to
be Eligible Residents. Such emergency services may be provided without prior County approval. In the case
of non-emergency Mandated Services the Provider shall perform such services only upon presentation by the
prospective patient of an Eligibility Document and upon verification that such patient's time appears on the
latest computer list of Eligible Residents to be distributed by the BVDC no less than once every six (6) months.
RATES FOR REIMBURSEMENT
The Provider agrees and acknowledges that it shall be reimbursed for the Mandated Services at the rates
established by the TDH for such services as such rates may be amended from time to time Costs in excess of
such rates shall be the responsibility of the Provider.
LEWT ON COUNTY'S LIABELITY FOR PAYMENT
The County shall be responsible for.
(a) a total of thirty (30) days (cumulative) in the County's fiscal year for hospital and/or skilled nursing
facility care or a combination of both; or a maximum total payment of THIRTY THOUSAND AND N01100
DOLLARS ($30,000) for all services provided to any one eligible resident during the County's fiscal year by all
providers, whichever comes first; and
(b) a maximum liability for all services and payment to all providers in the state's fiscal year equal to ten
percent (10%) of the County's General Revenue Tax levy.
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In computing the amounts a Provider may bill the County for Indigent care, the Provider and the BVDC shall
not include the following:
(1) any amount for Mandated Services provided to a person who receives, or is entitled to
receive, assistance for Mandated Services from a third party insurer or under a
governmental program
(2) any amount for services provided to a person who is not an Eligible Resident or for
services not covered by this Agreement.
(3) any amounts for services provided by Provider in a period during which the person's
Eligibility Document indicates that the person is ineligible for Indigent Care; and
(4) any amount for services provided to a person after the County has notified Provider by
telephone or in writing that such person's Eligibility Document is no longer valid. A
telephone notification that a person's Eligibility Document is no longer valid shall be
confirmed in writing by the BVDC within five (S) working days of the telephone
notification. If a prospective patient presents an Eligibility Document which Provider
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has been notified by the BVDC is invalid, Provider shall request the holder of the
Eligibility Document to surrender it and shall send any such surrendered documents to
the BVDC.
QUALIFIED SERVICES
In order to obtain reimbursement for Mandated Services to be provided to indigents, the Provider must certify
that the service was medically necessary and the service was performed for diagnostic, therapeutic,
rehabilitative or palliative purposes and furnished by or under the direction of a physician (M.D. , D.P.M., or
D.O.), in an appropriate facility.
RESPONSIBILITIES OF BVDC
BVDC will be responsible for providing the following services pursuant to this Contract:
I. Providing of all necessary application forms to potentially eligible individuals.
2. Provide intake services in the County at least once a month.
3. Assist applicants in completing all necessary forms.
4. Determine the eligibility of each applicant with regard to residency and financial
qualifications pursuant to the procedure and qualifications pursuant to the procedure and
qualifications defined in the Act, including but not limited to Sections 1.03 and 1.06. In
this capacity the BVDC shall also be responsible for mailing all necessary forms and
following all procedures defined in the Handbook with regard to notifications and
appeals on the issue of household eligibility.
5. Maintain this Contract and assist the parties hereto in the operation of the Program.
6. Receive all bills submitted by the Provider for payment of services and review the same
to verify that the patient was an Eligible Resident at the time and that the bill qualifies
in all respects.
7. Send all bills for payment to the appropriate County for verification and payment.
8. Maintain data files on clients and billing records to verify the County is in conformity
with the limitations on the amount of money or in hospital care any one indigent may
receive in a one (1) year period
9. Provide information to the parties as needed
10. Respond to all and any inquiries regarding the Program
11. Assist the County with information needed for audit purposes.
12. Monitor the program on a periodic basis to check billing procedures and with TDH
Staff review overall Program management and operation.
13. Assist and supervise the reconciling of ineligible expenses with the appropriate parties,
14. Assist the County with all of its responsibilities under the Act.
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1 5. Perform all other duties and functions necessary to fulfill the requirements as outlined in
the Act and the TDH Handbook.
16. Review the eligibility of each household every six (6) months.
17. Prepare and distribute to the Provider no less than once every six (6) months a computer
list of Eligible Residents.
18. Determination of eligibility not later than the fourteenth (14) day after receiving a completed
application form from an applicant including all necessary documentation and verifications.
BVDC will provide the services designated as numbers 1,3,4,6,8,9, 10 and I 1 above to the County when
dealing with medical services that have been performed outside the jurisdiction of the respective County.
RESPONSIBILITY OF COUNTY
The County shall be responsible for the following duties and requirements:
1. Provide County funds for the payment of Mandated Services.
2. Provide County funds for the administration of the Program through the BVDC.
3. Develop a system for the payment of indigent health care services bills or incorporate
this billing procedure into the County's established system for paying like bills.
4. Provide an audit of the Program as required by state law.
5. Accept ultimate responsibility for payment of services which may be determined through
an audit to have been an ineligible expense.
6. Provide for and assist with the procurement of and payment for legal services as
necessary.
7. Provide for and assist with the procurement of and payment for additional audit services.
RECORD RETENTION
The provider shall be responsible for record keeping on all services provided to those individuals it believes
may qualify under the Act. The Provider agrees to maintain and make available for inspection by the County
upon request consistent with personal privacy and subject to the limitation of state law, any and all records
necessary to document the Provider's provision of Emergency and Mandated Services to Eligible Residents.
Such records shall be retained for at least four (4) years from the date the service was provided. These records
shall be made available for inspection and audit by the TDH.
BILLING
,the Provider must, within ninety five (95 ) days from the date the Mandated Service is provided or ninety
five (95) days from the date of eligibility of a patient, submit all bills for payment to the BVDC. Bills not
submitted within the time above specified shall be the responsibility of the Provider. The bill shall be itemized
to identify the name, address, social security number, Eligibility Document number of the patient, type of
service provided, appropriate CPT4 code for the service, date of service, the rate for such service and all
certificates as described herein. the BVDC shall, if it determines the person receiving such services was an
Eligible Resident at that time, review the services provided, to ascertain and verify that all necessary
certifications have been completed, and that the bill qualifies for payment in all other respects If the BVDC
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determines that the bill should be paid it shall send the bill to the County for final payment. If the BVDC
determines that a bill should not be paid, or the County rejects the same, the BVDC shall send notice of such
rejection to the Provider. Should the Provider wish to contest the refusal for payment, the dispute shall be
submitted to an arbitration commission as described below. The County shall pay all uncontested bills within
thirty (30) days of receipt of the same.
ARBITRATION
It is hereby agreed that if, at any time hereafter, any dispute, difference or question shall arise between the
County and the Provider hereto regarding the payment or non-payment of a bill submitted by the Provider,
every such dispute, difference or question, shall be referred to arbitration in the following manner: Either party
may appoint an arbitrator and, upon making such appointment, shall serve a written notice upon the other party;
said second party shall then appoint an arbitrator and the two arbitrators appointed shall appoint a third
arbitrator. In the event that said second parry does not, within a period of fifteen (15) days after receiving
notice from said first mentioned party, appoint an arbitrator and served written nonce thereof upon said first
mentioned parry, the arbitrator appointed by the first mentioned party shall have power to proceed to arbitrate
and determine the question as if he were an arbitrator appointed by both parties or that purpose and his award in
writing shall be final and binding upon parties. In the event that both parties appoint arbitrators as aforesaid,
the two arbitrators so appointed shall, within fifteen (15) days after the appointment of the second arbitrator,
proceed to appoint a third arbitrator. In the event that said arbitrators are unable to agree upon a third arbitrator,
such third arbitrator shall, upon the application of either party, be appointed by a district court fudge for the
County of BRAZOS, State of Texas. The three arbitrators appointed in the manner aforesaid shall proceed
with all reasonable dispatch to hear and determine the matter in dispute and the decision or award in writing of
said arbitrators or a majority of them shall be final and binding upon both parties. The arbitrators are
authorized to enter said decision or award in any court having jurisdiction.
APPEAL
The Provider and the County shall have the right to submit a dispute involving household residency only to
the TDH for resolution. The party seeking the resolution shall submit TDH Form 106 and all relevan t
information regarding the same to the Policy Section Division Office of the General Counsel of TDH. The
office shall conduct a hearing and issue its final decision within twenty-one (21) days of the date of request.
The decision of the Office of the General Counsel may be appealed pursuant to the Administrative Procedure
and Texas Register Act, Article 66252-13a Vernon Texas Civil Statutes.
FUNDING
The County shall be responsible for notifying the BVDC and the Provider when its total expenditures for the
year on the Program have reached ten percent (101/o) of the County's general revenue tax levy, its total liability
for the program. Should state matching funds be available for the Program, the County shall notify the BVDC
and the Provider of the County's continued participation in the Program subsequent to its expenditure of 10% of
its general revenue tax levy. Upon depletion of State funds approptiated for the Program, the County shall
notify the BVDC and the Provider of the County's non-hability for further funding of the Program
INDEMNITY
The parties hereto agree to indemnify one another for and hold one another harmless from and against all
suits, claims, demands, liabilities or actions resulting or alleged to result from the breach, violation or
non-performance of the terms and conditions hereof or the negligent performance of the services stated herein
and for any damage to any person resulting from any act or omission or negligence on the part of each party
hereto.
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INSURANCE
The parties hereto agree that the Provider shall be an independent contractor and not an agent of the County
and that each shall maintain at its own expense, adequate liability insurance to insure against damages and
liabilities which may arise due to the duties and obligations contracted for herein.
AMENDMENT
This contract shall be automatically amended by the amendments made to the Act by the State Legislature,.
and by any changes to the Mandated Services and fee schedule promulgated by the TDH in all other respects,
this contract may only be amended by the written consent of all the parties hereto.
GOVERNING LAW
This Agreement shall be executed in and shall be governed by the laws of the State of Texas.
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NOTICES
All notices required to be given hereunder shall be deemed to be duly given by person by delivering such
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notice or by mailing it, registered mail, to the other party at the following addresses:
BRAZOS COUNTY
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BRAZOS COUNTY COURTHOUSE
BRYAN, TEXAS, 77803
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BVDC
1706 EAST 29TH STREET
P.O. DRAWER 4128
BRYAN, TEXAS, 77805
GERALD GARWOOD, D.O.
2112-C VILLA MARIA ROAD
BRYAN, TEXAS, 77802
FURTHER ASSURANCES
Each party hereto agrees to perform any further acts and to execute and deliver any further documents which
may be necessary to carry out the provisions of this Agreement.
SEVERABILITY
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In the event that any of the provisions or portions thereof, of this Agreement, are held to be enforceable or
invalid by any court of competent jurisdiction, the validity and enforceability of the remaining provisions or
portions thereof shall not be affected thereby.
ENTIRE AGREEMENT
This Agreement contains the entire understanding between the parties hereto concerning the subject matter
contained herein. There are no representations, agreements, arrangements, or understanding, oral or written,
• between or among the parties hereto, relating to the subject matter of this Agreement, which are not fully
expressed herein.
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ASSIGNABILITY
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Provider shall have the right to assign this Contract and any of its rights hereunder to a wholly owned
subsidiary or to a corporation with which it may be merged without prior written consent of the County:
otherwise, this Contract is not assignable by the Provider or by the BVDC without the prior written consent of
the County.
DATED this 1st day of August, 1996
By:
Judge A Jones
BRAZOS VALLEY DEMENT COUNCEL
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By2 :
Tom on, Jr.
PROVIDER
By:
Gerald Garwood, D.O.
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THIS CONTRACT IS SUBJECT TO ARBITRATION UNDER THE
TEXAS GENERAL ARBITRATION ACT
CONTRACT
This Contract is entered into by and between BRAZOS COUNTY, TEXAS, acting by and through Its
duly elected County Commissioner's (hereinafter "County"), the BRAZOS VALLEY DEVELOPMENT
COUNCIL (hereafter "BVDC") and BVMC, INC. d/b/a COLUMBIA MEDICAL CENTER, located In
BRAZOS County hereinafter "Provider").
RECITALS
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WHEREAS, the care of this State's poor and indigent has become a growing problem; and
WHEREAS, the 69th Legislature of the State of Texas recognizing the need for improved health care for the
State's poor and indigent enacted the Indigent Health Care and Treatment Act, providing for indigent health
care in Texas through the Counties of the State; and
WHEREAS, the Counties are required pursuant to this Legislation to contract with local Physicians (M.D. or
D.O.) to provide health care to the State's indigents;
NOW THEREFORE the parties above stated agree to the following Contract to provide such indigent health
care.
DEFINITIONS
1. "Handbook" shall mean the County Indigent Health Care Program Handbook developed
by the Texas Department of Health.
2. "TDH" shall mean the Texas Department of Health.
3. "The Act", shall mean the Indigent Health Care and Treatment Act, Texas Revised Civil
Statutes Article 4438 (f).
4. "Mandated Services" shall mean those services which hospitals and doctors may provide
to Indigents and obtain reimbursement therefor from the County pursuant to the Act.
5. 'The Program" shall mean the services offered to the Public pursuant to the Act.
6. "Emergency Services" shall have the meaning assigned by Article 4438a Vemons
Texas Civil Statutes.
7. "Eligibility Document" shall mean the identification card, certificate or other document
issued by the BVDC as an indigent, and (ii) is a resident of Brazos County and does
reside within an area that a public hospital or hospital district has a legal obligation to serve.
TERM
This Contract shall continue in force and effect for a term of no more than one (1) year commencing on the
first (1st) day of January, 1997, or the date upon which this contract Is executed, and shall terminate on
the thirty-first (31st) day of August, 1997. The parties shall have, and there is hereby given, three (3) options
to renew this Contract for a period of one (1) year in each instance, to follow consecutively upon the expiration
of the terns hereof and of any renewal period, upon the same terms and conditions contained herein except for
amendments made by the State Department of Human Services, and/or the State Legislature with regard to
Mandated Services, rate schedules and other requirements which are inc6rporated herein and trade a part
hereof for all purposes.
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CANCELLATION
This Contract may be cancelled by any of the parties hereto upon sixty (60) days written notice as provided
herein.
SERVICES TO BE PERFORMED BY PROVIDER
The Provider shall perform only those services which have been declared by the Act to be Mandated Services
as set forth in the Handbook. The Provider shall also perform those services which are considered Mandated
Services only if certain specified conditions are met. These Mandated Services may be altered, expanded or
limited by the TDH through the promulgation of regulations and rules and as the Act may be amended from
time to time by the State Legislature. The BVDC shall keep the Provider updated with all additions, exclusions
or changes to the Mandated Services.
The Provider shall deliver Emergency Services to those indigents who have been determined by the BVDC to
be Eligible Residents. Such emergency services may be provided without prior County approval. In the case
of non-emergency Mandated Services the Provider shall perform such services only upon presentation by the
prospective patient of an Eligibility Document and upon verification that such patient's name appears on the
latest computer list of Eligible Residents to be distributed by the BVDC no less than once every six (6) months.
RATES FOR REIMBURSEMENT
The Provider agrees and acknowledges that it shall be reimbursed for the Mandated Services at the rates
established by the TDH for such services as such rates may be amended from time to time Costs in excess of
such rates shall be the responsibility of the Provider.
LIMIT ON COUNTY'S LIABILITY FOR PAYMENT
The County shall be responsible for:
(a) a total of thirty (30) days (cumulative) in the County's fiscal year for hospital and/or skilled nursing
facility care or a combination of both; or a maximum total payment of THIRTY THOUSAND AND NO1100
DOLLARS (530,000) for all services provided to any one eligible resident during the County's fiscal year by all
providers, whichever comes first; and
(b) a maximum liability for all services and payment to all providers in the state's fiscal year equal to ten
percent (10%) of the County's General Revenue Tax levy.
In computing the amounts a Provider may bill the County for Indigent care, the Provider and. the BVDC shall
not include the following:
(1) any amount for Mandated Services provided to a person who receives, or is entitled to
receive, assistance for Mandated Services from a third party insurer or under a
governmental program.
(2) any amount for services provided to a person who is not an Eligible Resident or for
services not covered by this Agreement.
(3) any amounts for services provided by Provider in a period during which the person's
Eligibility Document indicates that the person is ineligible for Indigent Care; and
(4) any amount for services provided to a person after the County has notified Provider by
telephone or in writing that such person's Eligibility Document is no longer valid. A
telephone notification that a person's Eligibility Document is no longer valid shall be
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confirmed in writing by the BVDC within five (5) working days of the telephone
notification. If a prospective patient presents an Eligibility Document which Provider
has been notified by the BVDC is invalid, Provider shall request the holder of the
Eligibility Document to surrender it and shall send any such surrendered documents to
the BVDC.
QUALIFIED SERVICES
In order to
obtain reimbursement for Mandated Services to be provided to indigents, the Provider must certify
that the service was medically necessary and the service was performed for diagnostic, therapeutic,
rehabilitative
or palliative purposes and furnished by or under the direction of a physician (M.D. or D.O,
D.P.M.), in an appropriate facility.
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RESPONSIBILITIES OF BVDC
BVDC will
be responsible for providing the following services pursuant to this Contract:
i 1.
Providing of all necessary application forms to potentially eligible individuals.
2.
Provide intake services in the County at least once a month.
3.
Assist applicants in completing all necessary forms.
4.
Determine the eligibility of each applicant with regard to residency and financial
qualifications pursuant to the procedure and qualifications pursuant to the procedure and
qualifications defined in the Act, including but not limited to Sections 1.03 and 1.06. In
this capacity the BVDC shall also be responsible for mailing all necessary forms and
following all procedures defined in the Handbook with regard to notifications and
appeals on the issue of household eligibility.
5.
5
Maintain this Contract and assist the parties hereto in the operation of the Program.
t 6.
Receive all bills submitted by the Provider for payment of services and review the same
to verify that the patient was an Eligible Resident at the time and that the bill qualifies
in all respects.
7.
Send all bills for payment to the appropriate County for verification and payment.
8.
Maintain data files on clients and billing records to verify the County is in conformity
with the limitations on the amount of money or in hospital care any one indigent may
receive in a one (1) year period.
9.
Provide information to the parties as needed.
10.
Respond to all and any inquiries regarding the Program.
11.
Assist the County with information needed for audit purposes.
12.
Monitor the program on a periodic basis to check billing procedures and with TDH
Staff review overall Program management and operation.
13.
Assist and supervise the reconciling of ineligible expenses with the appropriate parties.
14.
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Assist the County with all of its responsibilities under the Act
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15. Perform all other duties and ftmctions necessary to A fdl the requirements as outlined in
the Act and the TDH Handbook.
16. Review the eligibility of each household every six (6) months.
17. Prepare and distribute to the Provider no less than once every six (6) months a computer
list of Eligible Residents.
18. Determination of eligibility not later than the fourteenth (14) day after receiving a completed
application form from an applicant including all necessary documentation and verifications.
BVDC will provide the services designated as numbers 1,3,4,6,8,9, 10 and 11 above to the County when
dealing with medical services that have been performed outside the jurisdiction of the respective County.
RESPONSIBELITY OF COUNTY
The County shall be responsible for the following duties and requirements:
1. Provide County funds for the payment of Mandated Services.
2. Provide County funds for the administration of the Program through the BVDC.
3. Develop a system for the payment of indigent health care services bills or incorporate
this billing procedure into the County's established system for paying like bills.
4. Provide an audit of the Program as required by state law.
S. Accept ultimate responsibility for payment of services which may be determined through
an audit to have been an ineligible expense.
6. Provide for and assist with the procurement of and payment for legal services as
necessary.
7. Provide for and assist with the procurement of and payment for additional audit services.
RECORD RETENTION
The provider shall be responsible for record keeping on all services provided to those individuals it believes
may qualify under the Act. The Provider agrees to maintain and make available for inspection by the County
upon request consistent with personal privacy and subject to the limitation of state law, any and all records
necessary to document the Providees provision of Emergency and Mandated Services to Eligible Residents.
Such records shall be retained for at least four (4) years from the date the service was provided. These records
shall be made available for inspection and audit by the TDH..
BILLING
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The Provider must, within ninety five (95 ) days from the date the Mandated Service is provided or ninety
five (95) days from the date of eligibility of a patient, submit all bills for payment to the BVDC. Bills not
submitted within the time above specified shall be the responsibility of the Provider. The bill shall be itemized
to identify the name, address, social security number, Eligibility Document number of the patient, type of
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service provided, appropriate CPT4 code for the service, date of service, the rate for such service and all
certificates as described herein. The BVDC shall, if it determines the person receiving such services was an
Eligible Resident at that time, review the services provided, to ascertain and verify that all necessary
certifications have been completed, and that the bill qualifies for payment in all other respects. If the BVDC
determines that the bill should be paid it shall send the bill to the County for final payment. If the BVDC
determines that a bill should not be paid, or the County rejects the same, the BVDC shall send notice of such
rejection to the Provider. Should the Provider wish to contest the refusal for payment, the dispute shall be
submitted to an arbitration commission as described below. The County shall pay all uncontested bills within
thirty (30) days of receipt of the same.
ARBITRATION
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It is hereby agreed that if, at any time hereafter, any dispute, difference or question shall arise between the
County and the Provider hereto regarding the payment or non-payment of a bill submitted by the Provider,
every such dispute, difference or question, shall be referred to arbitration in the following manner: Either party
may appoint an arbitrator and, upon making such appointment, shall serve a written notice upon the other party;
said second party shall then appoint an arbitrator and the two arbitrators appointed shall appoint a third
arbitrator. In the event that said second party does not, within a period of fifteen (15) days after receiving
notice from said first mentioned party, appoint an arbitrator and served written notice thereof upon said first
mentioned party, the arbitrator appointed by the first mentioned party shall have power to proceed to arbitrate
and determine the question as if he were an arbitrator appointed by both parties or that purpose and his award in
writing shall be final and binding upon parties. In the event that both parties appoint arbitrators as aforesaid,
the two arbitrators so appointed shall, within fifteen (15) days after the appointment of the second arbitrator,
proceed to appoint a third arbitrator. In the even that said arbitrators are unable to agree upon a third arbitrator,
such third arbitrator shall, upon the application of either party, be appointed by a district court judge for the
County of Brazos, State of Texas. The three arbitrators appointed in the manner aforesaid shall proceed with
all reasonable dispatch to hear and determine the matter in dispute and the decision or award in writing of said
arbitrators or a majority of them shall be final and binding upon both parties. The arbitrators are authorized to
enter said decision or award in any court having jurisdiction.
APPEAL
The Provider and the County shall have the right to submit a dispute involving household residency only to
the TDH for resolution. The party seeking the resolution shall submit TDH Form 106 and all relevant
information regarding the same to the Policy Section Division Office of the General Counsel of TDH. The
office shall conduct a hearing and issue its final decision within twenty-one (21) days of the date of request.
The decision of the Office of the General Counsel may be appealed pursuant to the Administrative Procedure
and Texas Register Act, Article 66252-13a Vernon Texas Civil Statutes.
FUNDING
The County shall be responsible for notifying the BVDC and the Provider when its total expenditures for the
year on the Program have reached ten percent (10%) of the County's general revenue tax levy; its total liability
for the program. Should state matching funds be available for the Program, the County shall notify the BVDC
and the Provider of the County's continued participation in the Program subsequent to its expenditure of 10% of
its general revenue tax levy. Upon' depletion of State funds appropriated for the Program, the County shall
notify the BVDC and the Provider of the County's non-liability for further funding of the Program.
INDEMNITY
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The parties hereto agree to indemnify one another for and hold one another harmless from and against all
suits, claims, demands, liabilities or actions resulting or alleged to result from the breach, violation or
non-performance of the terms and conditions hereof or the negligent performance of the services stated herein
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and for any damage to any person resulting from any act or omission or negligence on the part of each party
hereto.
INSURANCE
The parties hereto agree that the Provider shall be an independent contractor and not an agent of the County
and that each shall maintain at its own expense, adequate liability insurance to insure against damages and
liabilities which may arise due to the duties and obligations contracted for herein.
AMENDMENT
This contract shall be automatically amended by the amendments made to the Act by the State Legislature,.
and by any changes to the Mandated Services and fee schedule promulgated by the TDH in all other respects,
this contract may only be amended by the written consent of all the parties hereto.
GOVERNING LAW
This Agreement shall be executed in and shall be governed by the laws of the State of Texas.
NOTICES
All notices required to be given hereunder shall be deemed to be duly given by person by delivering such
notice or by mailing it, registered mail, to the other party at the following addresses:
BRAZOS COUNTY
BRAZOS COUNTY COURTHOUSE
BRYAN, TEXAS, 77803
BVDC
1706 EAST 29TH STREET
P.O. DRAWER 4128
BRYAN, TEXAS, 77805
BVMC INC. d/b/a COLUMBIA MEDICAL CENTER
P. 0. BOX 10000
COLLEGE STATION, TEXAS, 77842
FURTHER ASSURANCES
Each party hereto agrees to perform any further acts and to execute and deliver any futher documents which
may be necessary to carry out the provisions of this Agreement.
SEVERABELJTY
In -the event that any of the provisions or portions thereof, of this Agreement, are held to be enforceable or
invalid by any court of competent jurisdiction, the validity and enforceabtlty of the remaining provisions or
portions thereof shall not be affected thereby.
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RECD JAN 3 01997
ENTIRE AGREEMENT
This Agreement contains the entire understanding between the parties hereto concerning the subject matter
contained herein. There are no representations, agreements, arrangements, or underfstanding, oral or written,
between or among the parties hereto, relating to the subject matter of this Agreement, which are not fully
expressed herein.
ASSIGNABILITY
Provider shall have the right to assign this Contract and any of its rights hereunder to a wholly owned
subsidiary or to a corporation with which it may be merged without prior written consent of the County;
otherwise, this Contract is not assignable by the Provider or by the BVDC without the prior written consent of
the County.
DATED this 1 st day of January, 1997
By: /z. 0_01
Ju ge 'Al Jo
BRAZOS VALLEY DEVELOPMENT COUNCIL
By: '
Tom Wilk' Jr.
PROVIDER:
By:
Bryan Horner, Administrator
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THE FOLLOWING
DOCUMENT
IS THE BEST IMAGE
POSSIBLE
DUE TO
THE POOR QUALITY
OF THE ORIGINAL
,
CONTRACTUAL AGREEMENT
BRAZOS COUNTY SOIL h WATER CONSERVATION DISTRICT
AND
BRAZOS COUNTY COMMISSIONERS COURT ~
Brazos County Soil and Water Conservation D►ntrict 4450, hereinafter
called the District, and Brazos County Commissioners Court, hereinafter
called the County, does hereby enter into a contractual agreement for the
District to provide soil and water conservation services to the residents
of Brazos County and to the County proper.
Tho.sv' services will include, but not be limited to, erosion control,
water, management, and rural development. This will be carried out by
planning and application through informal agreements with land users, or,
as required by Federal or State law. An Information and recognition
program will be used to inform the public. Technical assistance is
utilized through a Memo of understanding between the District and the
USDA - Natural Resources Conservation Service.
Erosion control will keep the land productive for its various uses for
many generations. Sediment resulting from erosion clogs our local steams
reducing water carrying capacity and resulting to local flooding.
Excessive siltation ruins our local wetlands, and; therefore, reduces a
dwindling wildlife habitat. Silt from erosion carries many pollutaants
dirextly into our local streams and rivers. Conservation practices
consists of erosion control structures, erosion control ponds, gully
shaping, diversions, vegetating old fields, proper management of grazing
resources.
Water management includes recommendations for proper irrigation, flood
control, and wter quality. Irrigated crops account for 75% of all water
used. Proper irrigation saves that resource for tomorrows uses including
domestic consumption. Proper irrigation helps to keep agriculture
pollutants from entering underground water supplies. Conservation
practices include total evaluation of irrigation systems and applicastion
procedures, precision land leveling, and underground pipelines. Water
managemnet includes floodplain management.
The District's role in Rural Development in Brazos County is in providing
fire protection utilizing dry hydrants. Insurance rates outside the city
limits can be lowered a great deal, as well as provide a reliable source
of water to fight rural fires. Farm ponds provide the water and we plan
the dry hydrant system. The District is evaluating the use of artifical
wetlands to replace septic tank filter fields. The prospects are very
promising, but, much work remains to be done before this technology can
be implemented. Water quality in rural Brazos County will be greatly
inhanced if this method can be used.
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THE FOLLOWING
DOCUMENT
IS THE BEST IMAGE
POSSIBLE
DUE TO
THE POOR QUALITY
OF THE ORIGINAL
The District and the County have interacted ever since the inception of
the District in 1942. Many conservation problems affect not only the
individual landowner but the County itself.
The District contracts to the Brazos County to provide the above services
!or 1997 FY for f4~4o0. C~
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(DIT
Al Jones
County Judge
Brazos County, Texas
(DATE)
/ 2. 1 o'- - I , JL'
Preston V. Ru Wino' III
Chairman
Brazos County SWCD #450
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INTERLOCAL PARTICIPATION AGREEMENT
FOR
TEXAS ASSOCIATION OF COUNTIES
COUNTY GOVERNMENT RISK MANAGEMENT POOL
This Agreement, entered into by and between the Texas Association of Counties
Count Government Risk Management Pool (hereinafter called "Pool") and
B R A Z XS COUNTY (hereinafter called "Member") shall be effective as of the
date hereinafter shown.
RECITALS: t
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WHEREAS, the Pool is sponsored by the Texas Association of Counties
(hereinafter called "TAC"), and the Pool was formed by the entry into interlocal
agreements by Members. The Pool is an unincorporated association of counties and
other political subdivisions that was created to provide liability coverage to its Members
pursuant to Chapter 791, Government Code, V.T.C.A. and Chapter 119, Local
Government Code, V. T. CA.
WHEREAS, Member, a Texas political subdivision, desires to take advantage of
the benefits made available through the Pool; and
WHEREAS, the parties recognize that the Pool is a Risk Management Pool
i authorized by statute and the coverage provided is not considered and does not
constitute insurance under any Texas law, including the Texas Insurance Code nor under
the common law;
NOW, THEREFORE, it is Agreed and Understood among the parties as follows:
SECTION 1
Election of Particiaatio
1.01. Election
Member hereby elects to become a Member of the Pool. THIS IS
NOT A CONTRACT OF INSURANCE and member does not and
cannot hereby elect to create any contract of insurance.
1.02. Benefits Described in Coverage Documents
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TACIRMI/012694/MDOTA
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Member shall participate and receive the benefits as more particularly
described in the coverage document(s) which will be provided to
Member as part of the Pool's and Membees agreement upon the terms
and conditions of any particular Pool coverage purchased by Member
pursuant to this Agreement. A coverage acceptance form, or a
coverage renewal acceptance form, received by the Pool after
completion of the underwriting process, and issuance of a Declarations
Page by the Pool for the coverage, shall evidence the acceptance of the
terms and conditions of the coverage purchased.
1.03. Term of Agreement
The term of this Agreement shall commence on the 1 day of
, I m y , 19-9.6 and shall continue in full force and effect for a
period of one (1) year. This Agreement shall be automatically
renewed annually for an additional one (1) year term without the
necessity of any action by the parties other than the acceptance of any
amendments to the coverage contract and rates. Either party may elect
not to renew this Agreement by giving written notice at least thirty
(30) days prior to the end of the original term or any renewal term. In
the event tome coverage is added during the term of this Agreement,
the Agreement shall be automatically extended to coincide with the
coverage document period provided for the new coverage, except that
the term of the Agreement shall continue in accordance with the
term(s) of coverage(s) in effect, should any such new coverage be
subsequently terminated.
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1.04. Termination
A. Termination of This Agreement
This Agreement may be terminated by either party by giving thirty (30)
days written notice of intent to terminate the Agreement to the other
party. Any notice of intent to terminate must be delivered by deposit
in the U. S. Mail, certified, return receipt requested.
In addition to and as an alternative to any right of the Pool to
terminate an Interlocal Agreement as provided therein, any Member
may be expelled by a majority vote of all Trustees, and any existing
Interlocal Agreement providing for liability coverage shall terminate at
that time. Such an alternative may be exercised at the sole option of
the Pool.
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B. Termination of a Coverage Provided Under This Agreement
Any coverage provided under this Agreement may be terminated by
either party by giving thirty (30) days written notice of intent to
terminate the coverage to the other party. Any notice of intent to
terminate must be delivered by deposit in the U. S. Mail, certified,
return receipt requested. This Agreement shall have been amended
when these conditions for termination of coverage are fulfilled.
C. Accord with Local Government Code.
The provisions for termination herein shall be applied only in a manner
consistent with Chapter 119 of the Local Government Code.
1.05. Addition or Change of Coverages
Pool coverages may be added to the Members existing coverage(s)
provided pursuant to this Agreement, or the provisions of any
coverage may be changed, by agreement in writing of the parties.
1.06. Failure to Maintain Coverage
The failure to maintain liability coverage through the Pool will result in
the automatic and immediate withdrawal of the Member from the
Pool. ,
1.07. Contract Forms
The coverage contract forms used by the Pool shall be approved by the
Board, or by the Fund Manager, subject to review by the Board.
SECTION 2
Power, Duties
2.01. Powers of Pool
The Pool shall have any power necessary to carry out the purpose of
this Agreement which may be conferred by Chapter 791, V.T.C.A.,
Government Code, or by Chapter 119, V. T. CA., Local Government
Code, by any other law empowering the Pool, or by this Agreement
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2.03.
2.04.
2.05
and the rules. regulations. and Bylaws of the Pool. The Pool shall
have the power to employ a Fund Manager and independent
contractors to assist in carrying out this Agreement.
Duty to Act
The Pool shall be under no duty to take any action, except as
specifically provided for in this Agreement and except as it shall
hereinafter agree in writing to take.
Obligation of Member
By execution of this Agreement, Member agrees to comply with and
abide by the Bylaws, rules and regulations of the Pool.
Incorporation of Bylaws and Bylaws' Amendments
The Bylaws of the Texas Association of Counties County Government
Risk Management Pool, excepting any Exhibits which are referenced
in, attached to, or included as a part of such Bylaws, are incorporated
by reference and made a part of this Agreement for all purposes as if
fully set out herein. Any amendment to the Bylaws adopted by the
Board shall become binding on Member immediately upon its adoption
unless it is in direct conflict with specific accnied rights of Member
under this Agreement. The provisions of any amendment which alters
accrued rights of a Member under this Agreement shall be effective on
the tenth (10th) day after written notice of the provision has been
served on Member, or otherwise as the parties may agree. If Member
objects to any change in the Bylaws affecting existing rights, Member
may appeal the matter to the Board within ten (10) days of receipt of
the notice. The effective date of the proposed change shall then be
abated pending resolution of the matter by the Board.
Execution of New Agreement
The Pool may require at any time, the execution by a Member of a
new Pool interlocal agreement within thirty (30) days of receipt of
such new contract by mail or in-the absence of execution to terminate
the Member's participation in the Pool at the option of the Board.
SECTION 3
4
TACIRMIV01269WDOTA
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4.01. Charges
Pool Coordinator
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3.01. Appointment
Member shall by written instrument appoint a Pool Coordinator. The
name of the Pool Coordinator and the address for which notices may
be given by the Pool shall be set forth in the space provided below.
The Pool Coordinator shall be responsible to Pool for promptly
providing Pool or its contractor any required information.
3.02. Change of Pool Coordinator
Member may change its Pool Coordinator and/or the address for
notice by giving written notice to Pool of such change prior to the
effective date of the change.
3.03. Responsibility of Pool Coordinator
Any failure or omission of the Member's Pool Coordinator shall be
deemed a failure or omission of Member. The Pool or its contractor is
not required to contact any other individual with respect to Member's
business except the named Pool Coordinator. Any notice given the
Pool Coordinator by Pool or its contractor shall be deemed notice to
Member.
SECTION 4
Compensation
The rate or charges for each liability coverage provided by the Pool to
Member shall be as described and included with each coverage
provided under this Agreement. Rates and charges may be adjusted
annually or otherwise by the Pool in any manner permissible under the
laws governing the Pool. In the event that rates are adjusted, the new
fees will become effective on the annual renewal of the contract. The
Pool shall give Member notice of any fee adjustment at least thirty (30)
days prior to renewal time. Rates shall be billed annually and shall be
payable within thirty (30) days of the date that the invoice is issued by
the Pool and shall be paid from Membees current revenues.
TAC/RM I/012694/MDOTA
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4.02. Charges or Rates in Recognition of High Loss Experience
With respect to any Pool coverage, in the event any Member has a
higher loss experience than identified in the underwriting standards
relevant to that coverage, the Pool may, in any manner permissible
under the laws empowering the Pool, impose a different or additional
rate structure or charge for any coverage on that Member than those
otherwise generally provided to other Members, as a condition of that
Member's participation in the relevant coverage, or as a condition of
that Member's continued participation in the Pool.
4.03. Short Rate for Early Withdrawal
Should the Member withdraw before the end of the annual contract
period, Member will be subject to normal short rate yarned premium
factors. '
4.04 Payment of Charges as Condition of Coverage
The existence of any coverage provided pursuant to this Agreement is
expressly conditioned upon, in addition to any other requirements
under this Agreement, full payment of charges for any such coverage
by Member.
SECTION 5
Miscellaneous
5.01. Eligibility of Pool Member
The Pool may permit membership of any entity authorized by statute
to participate in the Pool.
5.02. Agreement to Comply with Bylaws
Member agrees to comply with the Bylaws of the Pool and the rules
and regulations promulgated thereunder.
5.03. Amendment
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This Agreement shall not be amended or modified other than in a
written agreement signed by the parties, or as otherwise provided
under this Agreement.
5.04. Applicable Law
This Agreement is entered into, and 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.
S.0s. 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 herein granted be considered as a waiver of such right or
privilege.
5.06. Effect of Partial Invalidity
In case any provision of this Agreement is held illegal or invalid for
any reason, said illegality or invalidity shall not affect the remaining
provisions of this Agreement.
5.07. Notices
Any notice required to be given or payment required to be made to
Pool shall be deemed properly sent if addressed to:
Texas Association of Counties
County Government Risk Management Pool
Attention: Pool Program Manager
P. O. Box 2131
Austin, Texas 78768
and deposited in the United States mail with proper postage. The Pool
may change its address by giving notice to Member. However, with
respect to any notices regarding claims under Member's coverages, any
particular provisions in the applicable coverage document governing
Pool coverages obtained by Member prevail and govern the matters of
such notices.
TAGRMI/012694/MDOTA
VOL PAGE.--4:3
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Any notice required to be given or payment required to be made to
Member shall be deemed properly sent if addressed to the Member's
Pool Coordinator at the address set forth below.
5.08. Counterparts
This Agreement may be executed in counterparts, each of which, when
taken separately, shall be deemed an original.
5.09. Exclusive Right to Enforce
The Pool 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.
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EXECUTION
IN WITNESS WHEREOF, we hereunto affix our signatures as of the date
indicated below.
TEXAS ASSOCIATION OF COUNTIES
COUN GOVERNMENT RISK
MA GE OOL Mem er
Pool Coordinator
S D. Name: Bill Jeanes
Executive Director, or Address: Inn Fact 26th Street
authorized designee for Bryan, TX 77803
Texas Association of Counties
Date: 5-29-96 Date: 9-13-96
POOL COORDINATOR
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TAMMU012694NDOTA
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Juvenile Services / TAMU Psychology Proposal
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SEP 2 71996
,UVENILESERIICES DUE°ARWEENT
Clinical Psychology Assistantship Agreement between
Brazos County Department of Juvenile Services
and the Psychology Clinic in the
Department of Psychology at Texas A&M University
Proposal prepared by
Douglas K. Snyder and Timothy A. Cavell
Department of Psychology
Texas AM University
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June 28, 1996
Running Head: JUVENILE SERVICES / TEXAS A&M PSYCHOLOGY PROPOSAL
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Juvenile Services / TAMU Psychology Proposal
2
Institutional Representatives:
For Brazos County Department
;0~~ uvenil Services
S z3
'Ernest A. Wentrcek, Jr. D to
Director
For Texas &M.
q115-1't !o
D glas K. Snyd r, Date
Professor and Director
of Clinical Training
Authorizations:
For Brazos County Department of
Juvenile Services
Alv n W, ones,
Date
County Judge
For Texas A&M:
Paul Wellman,
Date
Department Head
For exa~ A&MI:
L
Itichard . Flo
Date
Associate Vice- esident
for Finance
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Juvenile Services/TAMU Psychology Contract
Clinical Psychology Assistantship Agreement between
Brazos County Department of Juvenile Services
and the Psychology Clinic in the
Department of Psychology at Texas A&M University
This contract outlines an agreement between the Brazos County Department
of Juvenile Services (henceforth referred to as Juvenile Services) and
the clinical psychology program in the Department of Psychology at Texas
A&M University (henceforth referred to as TAMU) regarding a clinical
assistantship program between the two institutions.
TAMU agrees to provide a masters-level graduate intern in clinical
psychology to Juvenile Services for 10 hours/week for a 12-month period
(September 1st, 1996 to August 31st, 1997). Juvenile Services agrees to
purchase these services for the sum of $10,194.48 to be paid in 12
monthly installments of $849.54. Pending authorization from both Brazos
County Commissioner's Court and TAMU, this agreement may be renegotiated
for 12-month periods beginning September 1st, 1997.
Personnel
The graduate intern placed at Juvenile Services will be enrolled in the
doctoral clinical psychology program at TAMU, and will have already
completed the course requirements for the master's degree in clinical
psychology.
The graduate intern will be selected for this clinical assistantship by
the Director of Clinical Psychology Training at TAMU in consultation with
program faculty and with appropriate Juvenile Services administrative
personnel.
erms of ADDointme
The intern will be placed at Juvenile Services for a 12-month period
beginning September 1st, 1996 and ending August 31st, 1997. Subsequent
12-month renewals of this agreement will be negotiable by both Brazos
County Commissioner's Court and TAVU. It is anticipated that a given
intern will not be reappointed to the same clinical assistantship in
successive years.
The clinical assistantship will comprise 10 hours per week of on-site
activity including one hour of supervision to be provided by clinical
staff at Juvenile Services. These 10 hours of on-site activity will
include direct clinical services, staff meetings and consultations,
clinical supervision, and all administrative responsibilities including
preparation of written reports and maintenance of clinical records.
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Juvenile Services / TAKU Psychology Proposal
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Scheduling of these 10 hours is to be negotiated on an individual basis
i between the intern and Juvenile Services, recognizing both Juvenile
Services requirements regarding provision of clinical services as well as
nonassistantship responsibilities of the intern (coursework, research,
and additional non-Juvenile Services clinical responsibilities). Where
' possible, the intern's schedule at Juvenile Services should be
consolidated into a relatively small number of blocks of extended time
(e.g., blocks of 10 hours, or 6+4 hours).
1 During the 12-month period from September 1st to August 31st, the intern
t is to be awarded two weeks (20 hours) of vacation. Scheduling of
vacation is to be negotiated on an individual basis between the intern
and Juvenile Services.
Early Termination
It is anticipated that careful intern selection and ongoing mutual
evaluation will result in a clinical assistantship program that is
mutually beneficial from both institutional perspectives.
In the event that difficulties arise with any component of the
assistantship program, the following steps will be undertaken:
1. Either Juvenilp Services or TAMU may initiate a joint meeting
with representatives from both institutions, including the intern
assigned to the assistantship, to identify relevant issues and plan
appropriate interventions to remediate these difficulties.
2. In the event that appropriate interventions cannot be identified
or upon implementation and modification prove unsuccessful,
reasonable efforts will be made to continue the intern's clinical
assistantship at Juvenile Services through the last month of the
current academic semester.
3. Should continuation of the assistantship or a given intern
through the end of the current academic semester not prove
possible, this agreement may be cancelled upon 30 days written
notice by either Juvenile Services or TAMU.
Supervision
The Department of Psychology agrees to provide one hour weekly of
individual face-to-face supervision for this intern. In addition,
Juvenile Services will provide case-by-case consultation to the intern on
an as-needed basis by Juvenile Services *staff.
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Juvenile Services / TAMU Psychology Proposal
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Professional Liability
Concurrent with his/her clinical assistantship at Juvenile Services, the
intern will enroll in PSYC 614 - Clinical Psychology Practicum. (In
addition to clinical assistantship responsibilities at Juvenile Services,
the intern may have some level of clinical responsibilities in the TAMU
Psychology Clinic. The extent of these additional responsibilities will
be negotiated between the student and the Director of Clinical Training,
in consultation with the Director of the Psychology Clinic and other
program faculty.]
Professional liability insurance provided to graduate students in
clinical psychology through the Department of Psychology will cover their
clinical activities in the department clinic In addition to their
clinical assistantship responsibilities at Juvenile Services.
Additional Professional Issues
The intern assigned to this assistantship will agree to comply with
policies established by Juvenile Services regarding code of ethics,
confidentiality, and other issues relevant to provision of clinical
services in a multidisciplinary setting. The intern will-supply
appropriate certification of credentials and complete agreements
regarding confidentiality and other professional issues as required by
Juvenile Services of its staff and consultants.
Evaluation
The intern assigned to Juvenile Services will be evaluated by his/her
administrative supervisor at Juvenile Services in consultation with other
Juvenile Services staff having supervisory or other professional contact
with the intern during his/her clinical assistantship. Written
evaluation of the intern will be conveyed to the director of clinical
psychology training at TAMU at the end of each academic semester and
informally throughout the assistantship as desired by either TAMU or
Juvenile Services. The TAMU clinical director will incorporate this
evaluation in an annual letter to the intern from the clinical training
program. Juvenile Services agency staff are encouraged to provide the
intern with ongoing evaluation throughout the assistantship.
The intern will be encouraged to provide a written evaluation of the
clinical assistantship at Juvenile Services to the director of clinical
training at TAMU. Issues related to the assistantship and concerns of
the intern will be conveyed to the intern's administrative supervisor at
Juvenile Services by the director of clinical training at TAMU at a time
and in a format agreeable to both.
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Juvenile Services / TAKU Psychology Proposal
6
Renewals
Pending authorization from both Brazos County Commissioner's Court and
TAMU, this agreement may be renegotiated for 12-month periods beginning
September 1st, 1997.
Renewals of this agreement will include an annual increase in the budget
of 3%.
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Juvenile Services / TAMU Psychology Proposal
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12-Month Budget Summary
Personnel
Masters-level graduate student in the doctoral clinical
psychology program: 10 hrs/wk for one year
12 months stipend @ $527.78/month $ 6,333.36
12 months fringe @ $175.93/month (33.3X) $ 2,111.12
Other direct costs
Doctoral-level supervision by clinical faculty
50 hours @ $35/hour $ 1,750.00
Total: $ 10,194.48
Monthly installment: $ 849.54
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Texas A&M University For Officia
Contract Administration & Regulatory Compliance
214 Administration Bldg, MS 1260 Contract #
College Station Texas, 77843
409/845-0097 Del. of Aui
Contract/Agreement Approval Transmittal Form Repository
*Others may
Description of Contract:
-Contractor/Other Party Brazos County Department of Juvenile Services
-Address 300 East 26th Street, Suite 106, Bryan, Texas 77803
-Type of Contract Graduate Assistants hi
razos County Dept. o Juvenile Services will support
-Brief Description _a cl inica I graduate assistant at 25% effort_
- OriginatingTAMUOfce Department of Psychology
Contract Action-
New
Extension of Existing Contract
Modification/Amendment of Existing Contract
X Renewal of Existing Contract - Contract Attached
[1f this is a modification, amendment or renewal, identify by number or paragraph and title (if any) which terms
and conditions of the existing contract have been changed and inlcude a copy of the original contract for legal
review.))
Contract Terms:
- Amount/Per Fiscal Year $10,194.48
(Received/Expended)
- Total Contract Value $10,194.48
(Received/Expended)
- Beginning/Ending Dates September 1, 1996 thru August 31, 1997
Source of Funds: X Local Funds State Funds TAMU Account No.
Renewal Notice DateiTerm Equipment Title:
Contractor Certificate of Insurance Required? Date Documentation Due
GSA Professional Services reported by:
Name Date
Routing Instructions: To determine the approval process refer to the annual "President's Delegation of
Authoritv for Contract Administration."
ContrVct Originator (ABA, PI, etc.) Date
Department or Unit Head Date
-M~ 07/11 A4,
--Collegc Dean ovDivision Head 4--~ Date
Co'ntrac Officer 0 Date
Division Vice President Date
VP for Finance and Administration Date
Director of Purchasing Services Date President Date
OGC review completed )~1 D
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MEMORANDUM OF UNDERSTANDING
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Personnel File of: p
FROM:
Department Head
RE: Overtime Calculations
This will serve as a memorandum of upderstanding between
Brazos County ("Employer") and
("Employee"). Beginning with the pay period starting
and for each pay period thereafter, you will receive a fixed weekly
salary of $ (or the existing current rate) for
fluctuating hourly workweeks.
Since you are considered not exempt from overtime
provision of the Fair Labor Standard Act, Title 29 United States
Code Section 201, this salary will serve as your straight time pay
for all hours worked, few or many, as scheduled or directed by your
supervisor. Your extra overtime premium pay will be calculated as
follows:
Budgeted Annual Salary divided by 52 weeks, equals weekly
equivalent salary;
. Weekly equivalent salary divided by total hours worked in
the overtime workweek equals resultant straight-time pay
divided by 2; then
. Multiplied by the weekly overtime hours will result in
the extra half-time overtime premium pay due for the
week.
This pay plan complies with Title 29 of the Code of Federal
Regulation, Part 778.114.
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I, , have read the attached
memorandum of understanding concerning the fixed equivalent salary.
I have an understanding of what it means to me as well as the
advantages to Brazos County. I understand further that has been the
case, disciplinary action may be taken against me for just cause
which includes but is not limited to the following:
. Insubordination;
. Absence Without Leave including absence without
permission, failure to notify a supervisor of
sick leave, and repeated tardiness or early
departure;
Endangering the Safety of Other Persons through
negligent of willful acts;
Intoxication or Drug Abuse while on duty or in a
county vehicle;
Unauthorized Use of Public Funds or Property;
Violation of the Requirement of These Personnel
Policies;
Conviction of a Felony;
Conviction of Official Misconduct or oppression;
Falsification of Documents or Records;
Unauthorized or Abusive Use of Official
Authority;
Unauthorized Use of Official Information or
unauthorized disclosure of confidential
information;
. Incompetence of Neglect of Duty; or
Disruptive Behavior, which impairs the performance
of others.
Employee Handbook & Personnel
Policies of Brazos County
(Revised January 1, 1989 edition)
VOL PAGE
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This policy shall not be interpreted as an express or implied
employment contract between Brazos County and any of its employees.
Every employee has an at-will relationship with Brazos County. All
employees are free to resign or leave employment at any time for
any or no reason with or without notice. This pay policy can not be
amended or changed in any way by oral statements. It can only be
changed by amendment of the policy by Commissioners' Court.
"An employee who is absent without leave for more than 2 days is
deemed to have resigned his or her position."
"Unless the department head determines otherwise, the resignation
is not in good standing and the employee will not be reemployed."
Personnel Policies of Brazos County, 1989
Examples to Clarify the Policy:
The number of hours worked each week will be determined by the
supervisor, not the employee. For example if the crew is to report
to work at 6:00am and employee"A" does not report until 6:30am,
employee "A" will be docked for thirty minutes, unless the
supervisor allows employee "A" to make up the thirty minutes. Or,
in the case of employee"B" who takes off two hours before the crew
is scheduled to finish. Employee "B" will be docked for that two
hour period. Basically, if the employee takes off by their choice,
they get docked or have to use sick leave or vacation. If the
employee is sent home due to lack of work, the hours are not docked
from the employees time. If, in the opinion of the supervisor or
department head, the employee abuses this policy, he/she will be
terminated; just as they would be terminated for absence without
leave as described in the Employee Handbook & Personnel Policies of
Brazos County.
Signature Date
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BRAZOS COUNTY
COMMISSIONERS' COURT ACTION FORM
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DEPARTMENT Road and Bridge NUMBER 560001
DATE OF COURT MEETING: 09/03/96
ITEM: Request permission to enter Elizabeth Merritt's property located on Elmo
Weedon Road for the purpose of cutting brush from the comer of Elmo Weedon Road
and Grassbur Road to reset fence post and replace four-wire fence for better sight
distance for the health. safety and welfare of the general public Signed permission
form on file. Site is located in Precinct 3.
SOURCE OF FUNDS: N/A
1. PRESENTATION:
II. ACTION REQUESTED OR ALTERNATIVES:
S MITTE BY-q, APPR ED
Richard F. Vance, P.E. Commiss' ner Randy Sims
County Engineer Precinc 3
CC96-093
Approved in Commissioners' Court
Date: - b.
Alvin . Jone , County Judge
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g- BRAZOS COUNTY
4lint pcfPRIVATE PROPERTY ACCESS PERMISSION FORM
Alvin W. Jones
County Judge
Gary Norton
Commissioner Pct /
Sandie Walker
Commissioner Pct 2
Randy Sims
commisslowft 3
Cary carley
Commissioner Pot 4 Date p7~- `l <p
I. LAND OWNER AND ADDRESS ~ . L ai DA, E t12A6tTM MEa0-'`T
7( LJ7 UM,.,-. ()e ltd,., _.OS.
II. LOCATION OF WORK iRS~Sb~~ En 4 91"m 4)eclo.t RD
III. DESCRIPTION OF WORK TO BE DONE 4: (~Rush- on Cmrw r ^41:'
(~r~HSSbcsr 4- FLmO 1.JCe/O& - - )FePjaega ouy- -di e-
IV. MAINTENANCE YES f✓ NO
IF YES, ESTIMATED FREQUENCY OF MAINTENANCE
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(Owner will be notified prior to maintenance)
Richard F. Vance, P.E. es Zct M
County Engineer r2
OWNER'S SIGNATURE
DATE
va .SAGE
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