HomeMy WebLinkAbout2004-11-02-9:00AM-RegularTHE CC
SESSIOr
COURT]
SUITE 1
1. In
2. C;
Consider
3. B~
4. B~
5. Pe
6. Pz
7. N~
C~
8. R~
in,
O~
D~
9. R~
p~
10. R~
BRAZOS COUNTY
BRYAN, TEXAS
BRAZOS
NOTICE OF MEETING
AND AGENDA
COUNTY COMMISSIONERS COURT
~MISSIONERS COURT OF BRAZOS COUNTY WILL MEET IN REGULAR
ON 2 NOVEMBER 2004 AT 9:00 A.M. IN THE COMMISSIONERS
OOM OF THE BRAZOS COUNTY COURTHOUSE, 300 E. 26TM STREET,
5, BRYAN, TEXAS.
ocation and Pledge of Allegiance - Commissioner Peters
for citizen's input and/or concerns.
nd take action on agenda items 3 - 17:
lget Amendment 03/04-52.1 thru 03/04-52.2.
lget Amendment 04/05-5.1 thru 04/05-5.2.
sonnel Change of Status.
ment of Claims.
.cost Agreement Addendum with SunGard Pentamation as part of the
nmunityPLUS and FinancePLUS software upgrade process.
[uest by the Sheriff's Office for approval of out of state travel for the following
.viduals to attend the National Conference on Correctional Health Care in New
~ans, LA: Lt. David Drosche, Sgt. Pauline Alonzo and LVN Michelle Ziegelmann.
es of travel are 13-17 November 2004.
[uest by Purchasing for approval of requisitions 00001832 and 00001834 for the
:hase of vehicles for the Sheriff's Office as approved in the FY 2005 budget.
Luest by Purchasing for permission to advertise Bid #2005-001, Motor Graders.
VOL...C PAG J.
11.
12.
Commissioners Court Agenda
2 November 2004
Page 2
uest by Purchasing for permission to declare surplus property as "salvage" that was
ad,ertised in accordance with Local Government Code §263.152 and did not sale, and
horize either destruction or other disposal.
13. B
O~
C,
fr,
14. R,
K
C
15. R~
Sl
16. A
ot
17. T~
18. A
a~
19. A
20. C~
21. A
22. A
The Brazos
interpretive
Refund Applications for the following:
~. Brian Kirk & Donna L. Nelson
b. Bertha Waldon
c. Lewis E. Booker
d. Joseph M. Teare, Jr.
,an Texas Utilities' cost estimate of $34,077.14 to relocate existing three phase
xhead electrical lines to accommodate North Dowling Road improvements project.
~t estimate includes some easement clearing and is subject to change after 90 days
xt 10-20-2004. Site is located in Precinct 1.
)lat of Lots 4-7 of Treasure Hills Subdivision, Phase Two, 20.95 acre tract, Mafia
;ans survey, A-28, Augustus Williams survey, A-58, volume 4929, page 127, Brazos
mty, Texas. Site is located in Precinct 3.
;cind Order approving Business Associates Agreement (BAA) with Blue Cross Blue
eld of Texas dated 19 October 2004.
proval of the revised Business Associates Agreement (BAA) Blue Cross Blue Shield
['exas.
asurer's Reports for the Month of September 2004 and the Quarter ending 9/30/2004.
mowledgement of the Monthly Reports submitted in October 2004. These reports are
ilable for review in the County Judge's Office.
aouncement of interest items and possible future agenda topics.
for citizen input and/or concerns.
ncy/ Board / Committee reports by Court members.
OUrn
ounty Courthouse is wheelchair accessible. Handicap parking spaces are available. Any request for sign
rvices must be made two business days before the meeting. To make arrangements, call (979) 361-4102.
COMMISSIONERS' COURT
REGULAR MEETING
NOVEMBER 2, 2004
A regular meeting of the Commissioners' Court of Brazos
C¢ ~nty, Texas was held in the Brazos County Commissioners
C¢ ~rtroom in the Courthouse in Bryan, Brazos County, Texas,
b~ 'inning at 9:00 a.m. on Tuesday, November 2, 2004 with the
f¢ .lowing members of the Court present:
Randy Sims, County Judge, Presiding;
Eric Caldwell, Commissioner of Precinct 1;
Duane Peters, Commissioner of Precinct 2;
Kenny Mallard, Commissioner of Precinct 3;
Carey Cauley, Jr., Commissioner of Precinct 4;
Karen McQueen, County Clerk.
The attached sheet contains the names of the citizens and
o ~icials that were in attendance.
Commissioner Peters gave the invocation and led the
p ~dge of allegiance.
There was no citizen input/and or concerns.
The Court next considered Budget Amendment %03/04-52.1
tl :ough 52.2, that would reallocate funds for Non Departmental
al Sheriff Administration. On motion by Commissioner Cauley,
s onded by Commissioner Peters, the Court voted unanimously
t approve the budget amendment as submitted, a copy of which
if attached.
The Court next considered Budget Amendment #04/05-5.1
3 PAGE I /
C0
t~
t~
Cc
Sl
eli
Cc
at
Sl
OI
0
a~
u~
S~
~issionersCou~meetingNovember2,2004 2
:ough 5.2, that would reallocate funds for the TJPC
)gressive Sanctions and transfer funds from Contingency to
Information Technology Department. On motion by
missioner Peters, seconded by Commissioner Cauley, the
irt voted unanimously to approve the budget amendment as
)mitted, a copy of which is attached.
The Court proceeded to consider the change of status of
)loyees as submitted on the attached Personnel Action
uests. On motion by Commissioner Peters, seconded by
missioner Cauley, the Court voted unanimously to
)rove the changes as submitted.
The Court next considered the following Claims as
)mitted by the County Treasurer for payment:
7000751 through 7000962
motion by Commissioner Peters, seconded by
·missioner Mallard, the Court voted unanimously to
)rove the Claims as submitted.
The next matter before the Court was consideration
a No-Cost Agreement Addendum with SunGard Pentamation
part of the CommunityPLUS and FinancePLUS software
fade process. On motion by Commissioner Cauley,
onded by Commissioner Caldwell, the Court voted
~nimously to approve the addendum. A copy is attached.
% DL & 3 PAGE
Cou~meetingNovember2,2004
The next matter for consideration by the Court was a
r~ 'uest submitted by the Jail Administrator seeking
a roval for out of state travel for Lt. David Drosche,
S Pauline Alonzo, and LVN Michelle Ziegelmann to attend
ti National Conference on Correctional Health Care in New
O~ eans, Louisiana, November 13-17, 2004. On motion by
C¢ Cauley, seconded by Commissioner Peters, the
C¢ irt voted unanimously to grant the request from the Jail
xinistrator and approved payment of out of state travel
e> }enses for the previously named individuals.
The Court next considered approval of requisitions
0{ 01832 and 00001834 for the purchase of vehicles for the
S~ ~riff's Office. There are a couple of changes from the
o] .ginal budget requests in that the Sheriff's office is
u~ _ng a seized vehicle and rather than buying a Tahoe, are
bi /ing another patrol vehicle to replace the one that was
r( :ently totaled. Total amount of the requisitions is
$ 54,306.00. On motion by Commissioner Cauley, seconded
b Commissioner Peters, the Court voted unanimously to
a' >ve the requisitions
The next matter for consideration was approval for
t Purchasing Agent to advertise Bid 2005-001, Motor
G~ ders. On motion by Commissioner Peters, seconded by
PAGE
Cou~meetingNovember2,2004
C¢ ~ner Cauley, the Court voted unanimously to
ar ;horize the Purchasing Agent to advertise for bids for
mc ;or graders.
The Court next considered declaring surplus
e¢ lipment as salvage in accordance with Local Government
C¢ le Section 263.152 and authorizing the Purchasing
Dc >artment to either over see its destruction or other
dj ~posal such as donation. On motion by Commissioner
Cz lley, seconded by Commissioner Mallard, the Court voted
ur ~nimously to declare the surplus equipment as salvage
ar authorize the Purchasing Department to either over
its destruction or other disposal such as donation.
A opy of the list of surplus equipment is attached.
The next matter for consideration was approval of
refund applications from the following individuals
ar /or companies:
a. Brian Kirk & Donna L. Nelson, Over Payment $33.24
b. Bertha Waldon, Over Payment $7.06
c. Lewis E. Booker, Payment in error $139.11
d. Joseph M. Teare, Jr., Payment in error $266.79
O~ motion by Commissioner Peters, seconded by
C< sioner Caldwell, the Court voted unanimously to
a~ ~ve the tax refund applications.
The Court next considered acceptance of the Bryan
T~ :as Utilities cost estimate of $34,077.14 for
PAGE
Cou~meetingNovember2,2004
r~ _ocation of existing three (3) phase overhead
eJ ~ctrical line to accommodate improvements on North
Dc ~ling Road in Precinct 1. This includes some easement
c] ~aring. On motion by Commissioner Caldwell, seconded by
C¢ oner Peters, the Court voted unanimously to
ac ;ept Bryan Texas Utilities cost estimate of $34,077.14
f¢ relocation of an electrical line on North Dowling
Re d.
The Court next considered approval of the Re-Plat of
Lc ;s 4-7 of Treasure Hills Subdivision Phase Two, 20.96
Tract in Precinct 3. Richard Vance, County
El [ineer, stated that he had reviewed the plat and all
a' )eared to be in order. On motion by Commissioner
M .lard, seconded by Commissioner Cauley, the Court voted
y to approve the re-plat of Lots 4-7 of
Ti ~asure Hills Subdivision Phase Two, 20.96 Acre Tract as
si
The County Judge skipped items 15 and 16 because he
wi waiting on some documents.
On motion by the County Judge, seconded by
C< ioner Cauley, the Court voted unanimously to
r~ , approve and order filed as submitted the
T~ asurer's report for September 2004. A copy of which
i: attached to and made a part of these minutes.
L 43 PAGE 195
Cou~meetingNovember2,2004 6
The Court acknowledged receipt of the Extension Service
r( ~orts for September 2004 and acknowledged receipt of reports
fl ~m the following County and Precinct Offices showing
r( Tenues collected and remitted to the County Treasurer:
District Clerk
Justice of the Peace Precinct 1
Justice of the Peace Precinct 2, Place 1
Justice of the Peace Precinct 3
Justice of the Peace Precinct 4
Constable Precinct 1
Constable Precinct 2
Constable Precinct 3
Constable Precinct 4
Brazos County Events Facilities
Road & Bridge
Sheriff
A ;opy of the Officials' reports can be viewed in the County
Al ~itor's office.
At 9:10 a.m. the Court recessed while awaiting the
al :ival of documents for agenda items 15 and 16.
At 9:25 a.m. the County Judge reconvened the meeting.
Mi Ernest Galindo, representative of the Texas Association
o Counties (TAC), gave a presentation. He thanked Bill
J tnes, Risk Manager, and the Road and Bridge Department for
ti ~ir help with a class on heavy equipment safety. He went on
tc say that someone dies every year in a heavy equipment
a< The Road and Bridge Department donated equipment
al employees for the class and representatives from five
si rounding counties attended. The County Judge asked if TAC
PAGE
Co
st
it
ir
it
A~
S?
C¢
ur
A~
T~
r~
T(
C¢
ti
a(
missionersCouffmeetingNovember2,2004
.11 had a simulator. Mr. Galindo replied that they did and
would be here in 2005 for training. The simulator also has
law enforcement component. Sheriff Kirk also expressed
;erest in the training.
At this point the County Judge resumed consideration of
~m number 15 of the Commissioners Court agenda that was
~cinding the approval of the Claim Administrator Business
~ociates Agreement (BAA) with Blue Cross Blue Cross Blue
_eld of Texas dated October 19, 2004. On motion by the
lnty Judge, seconded by Commissioner Peters, the Court voted
inimously to rescind the agreement approving the Business
ociates Agreement (BAA) with Blue Cross Blue Shield of
:as dated October 19, 2004.
The next matter before the Court was the approval of the
Tised agreement approving the Claim Administrator Business
~ociates Agreement (BAA) with Blue Cross Blue Shield of
(as. On motion by Commissioner Cauley, seconded by
.~nissioner Peters, the Court voted unanimously to approve
revised agreement. A copy is attached.
nder announcement of interest items and possible future
~nda topics the following spoke:
County Judge
a) Reminded everyone to vote.
' DL PAGE i q-7
t?
Court meetingNovember2,2004 8
Commissioner Peters
Reminded the Court that on November 20, 2004
the Household Hazardous Waste Collection
Center will be at the Brazos Center.
There was no citizen input and/or concerns.
There were no Agency/Board/Committee reports by Court
There being no further business to come before the Court,
meeting was adjourned.
62 PAGE
T~
Nc
C¢
B~
R~
C¢
<
Dt
Cc
(
C~
Cc
At
K~
foregoing minutes of the Commissioners Court meeting held
ember 2, 2004 have been examined and are approved in open
irt this the ~n~
~zos County, Texas.
day of F~lld~
, 2005, in Bryan,
ln~[dge
Commissioner, Precinct 1
ine Peters
~nissioner, Precinct 2
3
~nissioner, Precilct
:est:
:en McQueen
inty Clerk
V )L (o3PAGE
BRAZO.~
MEETIN(
Name
COUNTY COMMISSIONERS COURT
Organization/Department
members
The follo~
TI
2003-200z
W
conditions
following
THE COI~
BRAZOS COUNTY, TEXAS
BUDGET AMENDMENT(S) FOR THE 2003-2004 BUDGET YEAR
NO. 03/04-52.1 thru 03/04-52.2
this the 2nd day of November 2004 at a regular meeting of the Commissioners' Court, the following
~re present:
Randy Sims, County Judge, Presiding
Eric Caldwell, Commissioner, Precinct 1
E. Duane Peters, Commissioner, Precinct 2
G. Kenny Mallard, Commissioner, Precinct 3
Carey Cauley, Jr., Commissioner, Precinct 4
Karen McQueen, County Clerk
ag proceedings were held:
AT WHEREAS, on 2 November 2004 the Court heard and approved a budget amendment for the
~udget year for Brazos County, Texas.
~REAS, an expenditure is necessary due to the necessity to meet unusual and unforeseen
vhich could not be reasonably included in the original budget adopted 12 September 2003 the
nendment(s) to the original are hereby authorized, as described on the attached page(s).
OPTED AND APPROVED this the 2nd day of November 2004.
vlISSIONERS' COURT OF BRAZOS COUNTY, TEXAS.
Original:
Copies:
County Clerk's Office and
attached to the original budget
County Auditor
County Treasurer
Commissioners' Court Minutes
VOL PAGE tS(
BRAZOS COUNTY, TEXAS
BUDGET AMENDMENTS
No. 03/04-52.1
11/2/2004
FD DIV ACCT PROJ DR/CR ACCOUNT NAME I Increase Decrease
01 110005 725900 CR Professional Fees-OtherI 7,780.00
01 110005 601700 DR Copier/Printer Supplies
Non Depa~ mental
To realloca ; funds to allow forthe inventory adjustment for FY 2004.
i
VOL C, ~ ~PAGE I s2-*
BRAZOS COUNTY, TEXAS
BUDGET AMENDMENTS
No. 03/04-52.2
11/2/2004
FD DIV ACCT PROJ DR/CR ACCOUNT NAME Increase Decrease
01 280001 659500 CR Vehicle Maintenance 618.00
01 280001 721500 DR Clinic Services 618.00
Sheriff- tministration
To move nds to allow for the payment of services rendered to close out year.
VOL PAGE
Ol
following
The follov
TI
the 2004-2
W
conditions
following
A~
THE COI~
BRAZOS COUNTY, TEXAS
BUDGET AMENDMENT(S) FOR THE 2004-2005 BUDGET YEAR
NO. 04/05-5.1 thru 04/05-5.2
this the 2® day of November 2004 at a regular meeting of the Commissioners' Court, the
~embers were present:
Randy Sims, County Judge, Presiding
Eric Caldwell, Commissioner, Precinct 1
E. Duane Peters, Commissioner, Precinct 2
G. Kenny Mallard, Commissioner, Precinct 3
Carey Cauley, Jr., Commissioner, Precinct 4
Karen McQueen, County Clerk
ag proceedings were held:
~T WHEREAS, on 2 November 2004 the Court heard and approved a budget amendment for
05 budget year for Brazos County, Texas.
[EREAS, an expenditure is necessary due to the necessity to meet unusual and unforeseen
~hich could not be reasonably included in the original budget adopted 25 August 2004 the
nendment(s) to the original are hereby authorized, as described on the attached page(s).
OPTED AND APPROVED this the 2na day of November 2004.
elISSIONERS' COURT OF BRAZOS COUNTY, TEXAS.
~and/~~ounty Judge
Original:
Copies:
County Clerk's Office and attached to the
original budget
County Auditor
County Treasurer
Commissioners' Court Minutes
BRAZOS COUNTY, TEXAS
BUDGET AMENDMENTS
No. 04/05-5.1
11/2/2004
FD DIV ACCT PROJ D1UCR ACCOUNT NAME Increase Decrease
3000 318400 i1620000 31840500 DR Hourly Overtime 5,460.00
3000 318400 ~3100000 31840500 DR Social Security 400.00
3000 318400 ~3200000 31840500 DF,' P~etirement 500.00
3000 318400 ~3800000 31840500 DP, Workers Comp 18.00
3000 318400 50350000 31840500 DF` Food 1,02~.00
3000 318400 ~1450000 31840500 CF` Miscellaneous 4,309.00
3000 318400 71520000 31840500 CF` F`ental Vehicles 1,094.00
3000 318400 72157000 31840500 CF, Counselin~ Services 2,000.00
TJPC Pro§ ~ssive Sanctions
To reallocat funds to adiust budget to a~ee with TJPC approved budset.
7,403.00 7,403.00
I/ /
¥0L___._
BRAZOS COUNTY, TEXAS
BUDGET AMENDMENTS
No. 04/05-5.2
11/2/2004
FD DIV ACCT PROJ DR/CR ACCOUNT NAME Increase Decrease
0100 14000100 80212000 DP, Software - FinancialAcct. 24,900.00
0100 11001500 61130000 CR Contingency 24,900.00
Informatio Technology
To move fu :Is from Contingency for the enhancement of Pentamation software as agreed in the contract. The
services we: ~ not pro ided before Se )tember 30,2004. Funds were remaining fi:om the 03-04 budget.
24,900.00 24,900.00
VOL C,3 PAGE /
CO[
DEP
COU]
COM~
DISTE
ROAD
Approv
County
(This ¢~
PERSONNEL CHANGE OF STATUS
tT DATE: November 2, 2004
RTMENT: Personnel
OSE: Approve Personnel Change of Status
[TMENT NAME EMPLOYEE NAME ACTION REQUESTED
'Y JUDGE
S~S, RANDY
LOCKLEDGE, DEBORAH
CELL PHONE ALLOWANCE
MERIT
iSSIONERS'
COURT
GREEN, BEA
GALLEGO, CANDY
MC LEOD, RUTH
MERIT
RECLASSIFIED POSITION
RECLASSIFIED POSITION
2T CLERK
APPLEGATE, KIMBERLY RESIGNATION
LE SERVICES DOWLING, JOHN PROMOTION
DETENTION SWONKE, DENISE NEW HIRE
aND BRIDGE
DAVIS, TRAVIS
BDGT STEP INCRS & MERIT
t in Commissioners' Court: 2004~/ /~
November 2,
adge's or Commissioner's Signature:
,y to be attached to minutes)
VOL /,,3 PAGE
Name and
Brazos Cot
300 East 2(
Bryan, TX
Telephone:
Fax: (979)
Attn: Kati~
1. SunGa~
2004, a
softwar
product
The PI
of this
The Cu
CITRIX
specific;
applicat
Custom~
and will
standard
All othe
Mainten
the time
IN WI'[
Agreem
BRAZ(
By:
,ddress of Client:
ty Auditor's Office
Street, Suite 314 .
7803
979) 361-4359
51-4368
2onnor, Auditor
SUNGARD PENTAMATION INC.
ADDENDUM
Licensor:
SunGard Pemamation Inc
3 West Broad Street, Suite 1
Bethlehem, PA 18018
Telephone: (610) 691-3616
Fax: (610) 861-9323
Pentamation and Client agree to amend their existing agreement, number MA089, dated March 30,
follows: Client has previously purchased licenses for SunGard Pentamation's OPEN SERIES
This Agreement Addendum provides Client with a license for those PLUS SERIES software
for which Client has a current maintenance agreement at no additional license charge (Attachment 1).
IS SERIES licenses for the applications defined in the attachment become effective on the execution
[dendum and remain in effect until the end of the existing Agreement term.
)mer will be responsible to provide reliable access to the CPU(s) via the Intemet (SSH or VPN/FTP or
tccess to each server), and a dedicated dial-up telephone line with a diagnostic modem of SunGard
ions on the Customer's computer equipment and a system login with privileges on the database and
n files. Configuration of or changes to system services or configuration fdes will be coordinated with a
System Administrator. Intemet access is essential for SunGard's support resources to be fully uhlized
e the primary connectivity medium. If the Customers is unable to provide Internet access as specified,
esponse times may be compromised.
terms and conditions of the existing agreement shall remain in effect. Current OPEN SERIES
ice and Support services will be provided for the comparable PLUS SERIES software products from
f installation until the end of the current Maintenance and Support Agreement term.
ESS WHEREOF AND INTENDING TO BE LEGALLY BOUND, the parties have caused this
tt to be signed by its duly authorized officer.
COUNTY AUDITOR'S OFFICE
ahori~ Sig~ '
09/04-PLUS091
SUNGARD PENTAMATION INC
By:
Donald-~.' ~[ppleton ' -
President and Chief Operating Officer
(Title)
October 20, 2004
(Date)
09/04-PLUS(
Attachment 1
Licensed PLUS SERIES Applications
CommunitgPLUS:
Cemral'Receipting
FinancePLUS:
Financial Accouming
Fixed Assets
Human Resources
Personnel Budgeting
Position Control
Regulatory Software - TX
Warehouse Inventory
1
2
3
4
This p
advev
,REQUEST FOR SALVAGE DESIGNATION
Desk chairs (2)
student desks (8)
misc. chairs
desk, double pedestal
broken/poor condition
missing pieces/damaged
all broken in pieces
fair condition
)perry was offered to Brazos County departments with no response, then
',ed at public auction with no bids received.
APPROVED:
Randy S~,"~o~nty Judge date
VOL b.g PAGE
DEPA R'
DATE OI
ITEM: C<
(which in(
electrical
estimate
accompal
BRAZOS COUNTY
COMMISSIONERS' COURT ACTION FORM
¢IENT Road and Bridge NUMBER 560010
COURT MEETING: November 2, 2004
~sider and take action on Bryan Texas Utilities' cost estimate of $34,077.14
udes some easement clearinq) to relocate existinq three phase overhead
r~e to accommodate North Dowlinq Road improvements project. (Per BTU, cost
subject to change after 90 days from date of letter.) Requisition No. 00001827
es this request. Site is located in Precinct 1.
SOURCE
REQUIRE
2) A
eas{
2)
3)
res
4) [
con~
the,
5) ¢
Dev
Stat<
NOTES/E
ACTION
SUBMITTI
Richard F.
County En
CC04-110
)F FUNDS: N/A
/lENTS:
, work will be permitted between front slope and/or back slope.
installation(s) shall be constructed in designated utility easements, if applicable. If no utility
lent exists, the installation(s) shall be 1) within 3-5' of and parallel to the right-of-way line and/or
:he case of a road bore, perpendicular to the right-of-way line.
',learing of brush, trees and other obstruction is necessary, it shall be the Applicant's
lsibility to do so and to remove all cleared brush, trees etc. from county right-of-way.
ch line shall be compacted to 90% standard density ASTM-Test Method No. D-698; test shall be
cted by an independent geotechnical testing firm; copies of all test results shall be furnished to
ice of the Brazos County Engineer.
nstruction shall be in stdct conformance to the latest Texas Manual of Uniform Traffic Control
;s for Streets and Highways, published by the Texas Department of Transportation, and all other
]nd Federal laws governing utility construction.
CEPTIONS:
-'QUESTED OR ALTERNATIVES:
APPROVED BY:
Precinct 1
D BY:
ineer
This Requl~st is Approved [] / Denied [] by Commissioners' Court
Date: ~
Rar~y~, C°~nty Judge
VOL (~ PAGE
P O. Box 1000
Bryan, TX 77805
Phone: 979-821-5700
Fax: 979-821-5795
h~p://~w, bt utilities.corn
.j October 2~
Linda Mm
Brazos Co
2617 Wes1
Bryan, TX
Dear Lind.~
Your rcqu
Dowling I~
$34,077.I,~
from the d;
Please usc
may have
Sincerely,
Mark Telg
BTU-Line
2004
Inv. #0312R03262
~ge
n.ty Road & Bridge
?IWY 21
t7803
Muegge,
~t to relocate an existing three phase overhead electric line made necessary by the
,ad widening project has been investigated. The estimated charge for this service is
which includes some easement clearing. This cost is subject to change after 90 days
e of this letter.
~our assigned investigation number 0312R03262 to identify any correspondence you
[th our office. For information regarding your investigation, please call 821-5770.
esigner
This Clai
Shield of Texas,
and Enter the Na
its Group Health
The purl:
the Health Insur;
("HIPAA" or "Pri
Agreement and r
incorporated by r~
The Parti
Plan ("GHP") est
Employer ackno~
certifies that the
164.314(b) and 1~
1. C
(a) C
or from Employer
(i
Disclosur
Agreeme~
activities,
Use or Di
(i
or on bet'
Rule if do
(i
managerr
Administr
(i
managerr
Claim Ad~
or other
remain c(
CLAIM ADMINISTRATOR BUSINESS ASSOCIATE AGREEMENT
~ Administrator Business Associate Agreement ("Agreement") by and between ,Blue Cross and Blue
Division of Health Care Service Corporation, A Mutual Legal Reserve Company ('Claim Administrator")
~e of the Employer ("Employer" a.k.a. Plan Sponsor) and Enter the Name of the Employer on behalf of
an ("GHP"), collectively the "Parties," is effective Enter Effective Date of the Group.
se of this Agreement is to set forth the Parties' mutual agreement on the terms for their compliance with
~ce Portability and Accountability Act and its implementing regulations (45 C.F.R. Parts 160-164)
~cy Rule" or "Security Rule" or "Electronic Transactions Rule."). Capitalized terms used in this
otherwise defined herein shall have the meanings set forth in HIPAA, which definitions are hereby
~rence.
acknowledge and agree that Claim Administrator is a Business Associate and that the Group Health
31ished and maintained by the Employer is a Covered Entity as those terms are defined by HIPAA.
;dges that its employee welfare benefit plan meets the definition of Health Plan in 45 CFR 160.103 and
F~lan Documents have been amended to incorporate the Privacy Rule requirements in 45 CFR
t.504(r).
~ligations and Activities of Claim Administrator as Business Associate.
Jim Administrator agrees to use or disclose Protected Health Information (PHI) it creates or receives for
nd GHP only as permitted or required by this Agreement or as Required by Law.
The functions, activities, and services Claim Administrator provides that may include the Use or
of PHI are described in the general listing on Attachment 1 that is hereby incorporated into this
· The Parties may enter into other agreements from time to time that include additional functions,
~nd services provided by the Claim Administrator, and to the extent that such agreements include the
;losure of PHI, the Parties agree that the terms of this Agreement shall also apply.
Claim Administrator is permitted to use or disclose PHI to perform functions, activities, or services for,
If of, the GHP as Covered Entity, provided that such Use or Disclosure would not violate the Privacy
by Covered Entity or Claim Administrator's independent duties under HIPAA.
Except as otherwise limited in this Agreement, Claim Administrator may use PHI for the proper
,nt and administration of the Claim Administrator or to carry out the legal responsibilities of the Claim
:or.
Except as otherwise limited in this Agreement, Claim Administrator may disclose PHI for the proper
=nt and administration of the Claim Administrator, provided that Disclosures are Required by Law, or
inistrator obtains reasonable assurances as evidenced by an executed Business Associate Agreement
~plicable Confidentiality Agreement from the person to whom the information is disclosed that it will
~fidential and used or further disclosed only as Required by Law or for the purpose for which it was
disclosedl~ the person, and the person notifies the Claim Administrator of any instances of which the person is
aware in ,~ich the confidentiality of the ihformation has been breached.
(.~ Except as otherwise limited in this Agreement, Claim Administrator may use PHI to provide Data
Aggregati 3 services relating to the Health Care Operations of the GHP and as permitted by 45 CFR
164.504((',2)(i)(B).
(~
authoritie,,
(b) C
as provided for b
technical, and pht
EB 5435
Claim Administrator may use PHI to report violations of law to appropriate Federal and State
consistent with 45 CFR 164.502(j)(1).
im Administrator agrees to use appropriate safeguards to prevent Use or Disclosure of PHI other than
this Agreement. Effective April 21, 2005, Claim Administrator agrees to implement administrative,
ical measures that reasonably and appropriately protect the confidentiality, integrity, and availability of
'O4 1
VOL PAGE
ihe Electronic PI
required by the S~
I that Claim Administrator creates, receives, maintains, or transmits on Covered Entity's behalf as
ourity Rule, 45 C.F.R. Part 164, Subpart C.
(c) (:F aim Administrator agrees to report to Covered Entity any Use or Disclosure of PHI not provided for by
this
Agreement kF which it becomes aware. Claim Administrator will make such report to Covered Entity's Plan
Administrator witl!3 a reasonable time after Claim Administrator learns of such Use or Disclosure not provided for by this
Agreement.
(d)E~l~i~ective April 21, 2005, Claim Administrator agrees to report to Covered Entity any successful (i)
unauthorized ac( ss, Use, Disclosure, modification, or destruction of Electronic PHI or (ii) interference with Claim
Administrator's s, ',tem operations in Claim Administrator's information systems of which Claim Administrator becomes
aware. Claim Adi inistrator will make such report to Covered Entity's Privacy Office within a reasonable time after Claim
Administrator lea is of any successful security incidents. To avoid unnecessary burden on either Party, Claim
Administrator will nly be required to report, upon the Covered Entity's request, attempted, but unsuccessful, unauthorized
access, Use, Dis, 3sure, modification, or destruction of the Covered Entity's Electronic PHI or interference with system
operations in Cla~ Administrator's information systems that in.,v_olve the Covered Entity's Electronic PHI of which Claim
Administrator becDmes aware; provided that the Covered Entity s request shall be made no more often than is reasonable
based upon the r~lH~vant facts, circumstances and industry practices.
(e) C_~!m Administrator agrees to ensure that any of its agents, including a subcontractor, to whom Claim
Administrator pro¥~oes PHI received from, or created or received by Claim Administrator on behalf of Covered Entity,
agree to the sar~p restrictions and conditions and security measures that apply through this Agreement to Claim
Administrator withl~spect~, to such information.
(f) Cl4im Administrator agrees to make intemal practices, books, and records, including policies and
procedures and I -Il, relating to the Use and Disclosure of PHI received from, or created or received by Claim
Administrator on I: half of Covered Entity, available to the Secretary, in a time and manner as reasonably requested by or
designated by the Secretary, for purposes of the Secretary determining Covered Entity's compliance with the Privacy
Rule.
(g) Cl
Disclosures as wI
Disclosures of PI-
(h) C
mutually agreed
Covered Entity to
CFR 164.528.
(i) CI
time and manner
Individual in order
(j) Cl~
to pursuant to 45 (
agreed by the Parl
the granted amen,
2. 0
(a) Cc
Covered Entity in a
or Disclosure of F
policies, procedure
(b) Co
Individual to use o~
PHI.
EB 5435 5
im Administrator agrees to document such Disclosures of PHI and information related to such
JId be required for Covered Entity to respond to a request by an Individual for an Accounting of
n accordance with 45 CFR 164.528.
im Administrator agrees to provide to Covered Entity or an Individual, and in the time and manner
' the Parties, information collected in accordance with Section l(g) of this Agreement, to permit
.~spond to a request by an Individual for an Accounting of Disclosures of PHI in accordance with 45
m Administrator agrees to provide access, at the request of Covered Entity or an Individual, and in the
lutually agreed by the Parties, to PHI, to Covered Entity or, as directed by Covered Entity, to an
meet the requirements under 45 CFR 164.524.
~ Administrator agrees to make any amendment(s) to PHI that the Covered Entity directs or agrees
:R 164.526 and at the request of Covered Entity or an Individual, and in the time and manner mutually
;s. When Covered Entity grants an Individual's request for amendment, Covered Entity shall provide
lent to Claim Administrator's.Privacy Officer.
[gations of GHP as Covered Entity.
ered Entity shall notify Claim Administrator of any limitation(s) in the Notice of Privacy Practices of
=ordance with 45 CFR 164.520, to the extent that such limitation may affect Claim Administrator's Use
I1. Employer or Covered Entity will notify Claim Administrator of any material change in privacy
or practices.
~red Entity shall notify Claim Administrator of any changes in, or revocation of, permission by an
disclose PHI, to the extent that such changes may affect Claim Administrator's Use or Disclosure of
)4
2
VOL PAGE
an Individual's re
activities, or servi
(d)
communication
Entity, prior to
implementing or
promptly notify
(e) C
obligations under
PHI by Claim Adl
amended in corr
amendments sha
(f) C
Oovered Entity p~
on any limitations
3. P
Covered
permissible unde~
4. T
(a) T
Agreement and si
Claim Administra!
(b) T
Covered Entity sh
(i
terminate
specified
(i
Agreemel
(i
Secretan
(c)
state or federal n
policies. Therefo,
and Disclosures
Administrator mai
(d) C
cure a non-materi
(a) R
160~64) means th
EB 5435
,vered Entity acknowledges that an Individual may request a restriction on the Use or Disclosure of PHI
h 45 CFR 164.522 and agrees that if such restriction would affe,c.t Claim Administrator's Use or
Covered Entity will exercise its discretion and shall deny the Individual s request. Prior to responding to
uest, Covered Entity may ask Claim Administrator if the proposed restriction will affect its functions,
.~s under the Agreement.
Covered Entity or Claim Administrator receives a request from an Individual for confidential
PHI by alternative means or at alternative locations in accordance with 45 CFR 164.522(b), Covered
spending to such a request, shall ask Claim Administrator for information on the feasibility of
ccommodating the request and on whether there may be an additional cost. Covered Entity shall
im Administrator of its decision on the request for confidential communication of PHI.
,vered Entity shall provide Claim Administrator the necessary information to fulfill Claim Administrator's
his Agreement, including but not limited to, a written statement of the restrictions for the Disclosure of
inistrator to the Employer. Employer certifies that the Employer's benefit Plan Documents have been
liance with 45 CFR 164.314(b) and 45 CFR 164.504(0 and that information from the applicable
be included in the written statement provided to Claim Administrator.
vered Entity shall identify its Business Associates whose Business Associate Agreements with
'nit Claim Administrator to Disclose PHI directly to the Business Associate and shall provide information
,r restrictions on Claim Administrator's Disclosure to a specific Business Associate of Covered Entity.
rmissible Requests by Covered Entity.
ntity shall not request Claim Administrator to use or disclose PHI in any manner that would not be
he Privacy Rule if done by Covered Entity, unless otherwise noted in this Agreement.
rm and Termination.
rm. The Term of this Agreement shall be effective on the date stated on the first page of this
~11 terminate without notice upon termination of any agreement or arrangement between the Parties for
r to provide administrative services to Employer's self-insured health benefit welfare plan.
rmination for Cause. Upon Covered Entity's knowledge of a material breach by Claim Administrator,
either:
Provide an opportunity for Claim Administrator to cure the breach or end the violation and
~is Agreement if Claim Administrator does not cure the breach or end the violation within the time
Covered Entity;
Immediately terminate this Agreement if Claim Administrator has breached a material term of this
and cure is not possible; or
If neither termination nor cure is feasible, Covered Entity shall report the violation to the
ect of Termination. The Parties agree that returning or destroying the PHI is not feasible due to: (1)
lulatory requirements applicable to Claim Administrator, or; (2) Claim Administrator's record retention
Claim Administrator shall extend the protections of this Agreement to such PHI, limiting further Uses
such PHI to those purposes that make the return or destruction infeasible, for so long as Claim
~ins such PHI.
re of Non-material Breach. Covered Entity shall provide an opportunity for Business Associate to
breach within the time specified by Covered Entity.
scellaneous.
gulatory References. A reference in this Agreement to a section in the HIPAA Rules (45 C.F.R. Pads
section as in effect or as amended.
I04 3
VOL PAGE
(b)
to time as is
and
(c)
4(c) of this
(d) h
(i
Privacy,
superced,
data,
(e)
original, and all
(0
shall be held or d(
and effect as thou
(g)
CI
The Parties agree to take such action as is necessary to amend this Agreement from time
'for Covered Entity to comply with the requirements of HIPAA and as the HIPAA Privacy, Security,
lsactions regulations may be amended from time to time.
~rvival. The respective rights and obligations of Covered Entity and Claim Administrator under Section
ent shall survive the termination of this Agreement.
Any ambiguity in this Agreement shall be resolved to permit Covered Entity to comply with the
and Electronic Transaction Rules.
Any conflict between terms of this Agreement and any other agreement between the Parties
the Employer's health welfare benefits plan shall be resolved so that the terms of this Agreement
and replace the relevant terms of any such other agreement concerning the confidentiality of GHP
records information, and other records containing PHI.
unterparts. This Agreement may be executed in counterparts, each of which shall be deemed an
shall constitute one binding agreement.
The provisions of this Agreement shall be severable, and if any provision of this Agreement
:lared to be illegal, invalid or unenforceable, the remainder of this Agreement shall continue in full force
such illegal, invalid or unenforceable provision had not been contained.
~tifying Information. Employer's Privacy Office and Officer information provided in Attachment 2.
im Administrator's Privacy Officer: Tara D. Gurber
Iress: HCSC Privacy Office; PO Box 804836; 300 E. Randolph St., Chicago, IL 60680-4110
IN WIT WHEREOF, the parties hereto have authorized this Agreement to be executed.
Brazos Coul
Employer (a.
behalf of it
Entity:
.a. Plan Sponsor) and Employer on
Group Health Plan, the Covered
Blue Cross and Blue Shield of Texas,
a Division of Health Care Service Corporation,
Mutual Legal Reserve Company Claim Administrator:
a
Signature:
Printed Nam
Title: Court
Date: 10/19
Randy Sims
Signature:
Printed Name: Martin G. Foster
Title: Div. Sr. VP, Texas Sales and Marketing
Date: 10/19/2004
EB 5435
VOL &.3 PAGE
Service,,
1. ACTUARIA
Det(
stop-loss c.
2. CLAIMS SE
·
clairr
cons
bene
· Clain
bene
·
Payn
·
Prep~
3. F
Finar
processing,
transfers.
4. I~
Verif
adjudication
benefits, en
and access
Additionally
Coverage.
5. P
Esta[
arrangemen'
shall be tho:
6. R
Gene
EB 5435
ATTACHMENT I
BUSINESS ASSOCIATE AGREEMENT
)rovided by Claim Administrator include but are not limited to:
AND STATISTICAL
~ination of claims projections and pricing of administrative services and applicable
verage.
VICES
Claims Administration
Examination of claims and determination of payment levels, including data entry of
; by claims departments, maintenance of claims experience files, use of medical
Itants, review of utilization and reasonable and customary charges and coordination of
ts.
Inquiries
Handling of customer and provider inquiries (written, phone or in- person) related to
s, claim payments, partial payments or denials.
Claims Payment
;nt of valid claims and recovery of claims overpayments.
Claims Notification
· ation and mailing of explanation of benefit forms.
JANCIAL SERVICES
:iai functions such as cash receipts, cash disbursements, payroll and general ledger
eneral accounting, preparation of financial statements, billing, group settlement and wire
-'MBERSHIP SERVICES
:ation of eligibility by wire, listing, CRT query or other method prior to or during
production and distribution of member materials, education of participants about
)llment process, selection of health care providers and how to file a claim for benefits,
to customer service representatives through a toll-free customer service number.
at the written direction of the employer, issuance of a Certificate of Creditable
OVIDER NETWORKS AND EDUCATION
ish, arrange and maintain physician and hospital provider networks through contractual
with hospitals and physicians within the designated service area; provider networks
applicable to the selected benefit design.
SORTS
~tion of reports as agreed upon for the group.
/04 5
VOL ?:' PAGE
BCBSTX Group
1. Please identif
disclosure of
plan ad~
2. Please identif~
Benefits Mana
personnel mat
ATTACHMENT 2
ADDITIONAL INFORMATION
-80950- Group Name:_]~J~,_Q~ §OUNTYGroup Effective Date: O !/0 !/2004
(a Hybrid entity)
)ny limitations in your Notice of Privacy Practices or Plan Document that may affect BCBSTX's use or
II, including Disclosures to Employer. ~ employees & classes o£ employees
~ess to PHI may only have access to use & disclose PHI for
.nistration functions that the Plan Soonsor oerforms for the
hose positions/persons within your organization with whom BCBSTX is au~orized to share PHI (e.g.
,=r, Human Resources Manager, etc). It is preferred that you identify by position and not name since
:hange and this information may not be updated in a timely manner.
Title of Person [I
PLEASE PRINT or TYP~ TypepLEAsEOf PRINTPHI or andTYpERestrictions
3ountv Audi o~ & All
Plan.
Title of Person Type of PHI and Restrictions
PLEASE PRINT or TYPE PLEASE PRINT or TYPE
i
ob
Co. Auditor .. . Job di.%ias reou~r~ Health Dir duties as
3. Please identif, hose pos,t,ons/pBrsons no~ w~mn ¥our~r~an~a~tion (your Business Associates) with whom BCBSTX is r e quit
authorized to are PHI. Indicate the types of information we are authorized to share with each and for what purposes(s).
Indicate any tations or restrictions on BCBSTX's disclosure of PHI to such Business Associates.
Business Associa~ BA Employee Name / Type of information and Function performed by BA on your
(company name) 1!t Title (optional) any Restrictions behalf
PLEASE PRINT or TYPI~ 1 PLEASE PRINT or TYPE PLEASE PRINT or TYPE PLEASE PRINT or TYPE
~-=~i~-ed
4. Please identify 9ur privacy officer or privacy contact:
Name: Lo ~'~ ne N~ ~.13nl ~ Phone: o~7o-zg;i _~ 4 4 Fax:
............. 79-923-60Q~
Title: H.J~. Di~ec~o~ Emaih -nichols~co.b~a:os.~X,u8
Address: 50~ ~. 26~h St. ~ Suite 1 07 B~Tan~ Texas 77805
5. Please indicate ow you would like the following situations handled. (please indicate by placing an X in the appropriate
o,u n, Il
BCBSTX ployer / GHP Will:
¥ Process requests to Access PHI
~ I~ Process requests for Disclosure Accounting.
X ~ Process requests to Amend PHI.
Signature
?
Print Name
EB 5435
t/e~~~up Health Plan):
i tie Date
04
VOL
PAGE
The
We,
Hon
Com
exan
of th
subrr
for
114.
Witn
Exar
Treas
:ate of Texas, County of BRAZOS
le undersigned, as County Commissioners within and for Brazos County, and the
able Randy Sims, County Judge of Brazos County, constituting the entire
tissioners' Court of Brazos County, during a regular meeting of said Court have
ned the foregoing report and have caused an order to be entered upon the Minutes
Commissioners' Court of Brazos County approving said Report as presented and
Ited as tree and correct by Kay Hamilton, Treasurer of Brazos County, as provided
the Revised Statutes of the State of Texas. (Texas Local Government Code,
ss my hand this o~ day of "~~ A.D. 2004
County C. lerk, County ot~BRAZOS, State of Texas
ned and approved in open Coifirnt~ioners' Cofirt this _c~/fl_~_~(.' - day of "~
N~V-~ !'~ f'" 2004.
~~ecinct #1
Duane Peters, Commissioner Precinct #2
Kenny Mallard, ~nmissioner ~inct #3
C~rey Caui-e/Commissi0ner ~re~pc~[ #f °
rer's Reports for the Month of SEPTEMBER 2004 and
QUARTER ENDING 9/30/04
VOL PAGE ,/90
VOL ~ PAGE ! '7/'
VOL