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2005-03-15-6:00PM-Regular
1" P'j BRAZOS COUNTY - - _ r i BRYAN, TEXAS NOTICE OF MEETING AND AGENDA BRAZOS COUNTY COMMISSIONERS COURT THE COMMISSIONERS COURT OF BRAZOS COUNTY WILL MEET IN REGULAR SESS1014 ON 15 MARCH 2005 AT 6:00 P.M. IN ROOM 102 OF THE BRAZOS CENTE , 3232 BRIARCREST DRIVE, BRYAN, TEXAS. 1. Iff ocation and Pledge of Allegiance - Commissioner Peters. 2. C1 for citizen's input and/or concerns. 3. P$~sentation by Laura Tankersley-Glenn with Keep Brazos Beautiful on the Texas artment of Transportation's final plans for the Bryan-College Station "Unity Plaza" 4. P sentation by Barry Biggars with the Bryan College Station Convention & Visitor's B' eau on Wayfinding, a new system of signage being proposed for Bryan, College S ti, ion, Brazos County and Texas A&M University. Conside nd take action on agenda items 5 -18: 5. B get Amendment 04/05-19.1 thru 04/05-19.3 6. Pftsonnel Change of Status. 7. Pbgnent of Claims. 8. P#4clamation 05-003 establishing April 2005 as National Relay for Life Month. 9. 4uest by Keep Brazos Beautiful for support from Brazos County for the "Don't Mess h Texas Trash-Off' on 2 April 2005 and the "Brazos Trash-Bash" on 16 April 2005. 10. Ctract between Brazos County and MGT of America, Inc. for the purpose of providing e cutive search services for the Director of Juvenile Services position. VOL &I PAGE I ~ ~ Commissioners Court Agenda 15 March 2005 Page 2 11 erlocal agreement between Brazos County and the Cities of Bryan and College Station the purpose of submitting an application for the 2005 Byrne Justice Assistance Grant.. 12. yment to HRGuide.Com for the development and distribution of an on-line survey of J enile Services Department employees, and the tabulation and reporting of survey 13. quest from the Brazos County Emergency Communications District for permission to p ce a County AM radio network transmitter on County land along Kathy Fleming 14. newal of the Administrative Services Agreement between Blue Cross Blue Shield of as (Claims Administrator) and Group Health Plan of Brazos County (Group Health P ) specifications for the Fee Schedule Period commencing 1 January 2005 and ending 3 December 2005. 15. nest from the City of Bryan to open cut Deer Hill Drive (at SH 6 feeder road) to I. ir a leak on the transmission line of a water well. Site is located in Precinct 4. raa 16. uest from Verizon Communications to construct 370 feet of buried cable installations i right of way of Deep Well Road at a minimum depth of 30 inches. Site is located i re ecinct 2. 17. AHceptance of an Easement Grant from Glenn Pruitt and wife, Rebecca Pruitt for 1 rovements to a portion of Koppe Bridge Road located in Precinct 1. 18. eptance of a Special Warranty Deed from David S. Carrabba for improvements to bit Lane located in Precinct 2. 19. ouncement of interest items and possible future agenda topics. 20. C 1 for citizen input and/or concerns. 21. AMency / Board / Committee reports by Court members. 22. Aourn The Brazosnter is wheelchair accessible. Handicap parking spaces are available. Any request for sign interpretive services must be ma wo business days before the meeting. To make arrangements, call (979) 361-4102. VOL_.PAGE COMMISSIONERS' COURT REGULAR MEETING MARCH 15, 2005 A regular meeting of the Commissioners' Court of Brazos Ctpnty, Texas was held in the Brazos Center, 3232 Briarcrest Dt!,ive in Bryan, Brazos County, Texas, beginning at 6:00 p.m. Tuesday, March 15, 2005 with the following members of the zrt present: Randy Sims, County Judge, Presiding, Absent; Lloyd Wassermann, Commissioner of Precinct 1; Duane Peters, Commissioner of Precinct 2; Kenny Mallard, Commissioner of Precinct 3; Carey Cauley, Jr., Commissioner of Precinct 4, Presiding; Karen McQueen, County Clerk, Absent. The attached sheet contains the names of the citizens and o~ 'Ificials that were in attendance. Commissioner Peters gave the invocation and led the plodge of allegiance. There was no citizen input/and or concerns. The Court next heard a presentation by Laura Tankersly Gj. nn, Director of Brazos Beautiful, on the plan for the Unity P#za that will sit on the dividing line between Bryan and C~~lege Station along Texas Avenue. The next matter before the Court was a presentation by B# ry Biggers, from the Convention and Visitor's Bureau on the W 'finding Project that involves signs, maps and other graphic L PAGE i ( ~ VOL PAGE C issioners Court meeting March 15, 2005 2 methods used to convey locations and directions throughout both towns helping visitors find their way around the c unity. The Court next considered Budget Amendment #04/05-19.1 t ough 19.3 that would reallocate funds for the Narcotics T &3k Force, District Attorney Crime Fund, and Juvenile S vices. On motion by Commissioner Peters, seconded by Commissioner Wassermann, the Court voted unanimously to a rove the budget amendment as submitted, a copy of which is attached. The Court proceeded to consider the change of status of e loyees as submitted on the attached Personnel Action RE!uests. On motion by Commissioner Peters, seconded by C issioner Mallard, the Court voted unanimously to approve t' changes as submitted. The Court next considered the following Claims as s mitted by the County Treasurer for payment: 7004767 through 7005014 0 motion by Commissioner Cauley, seconded by Commissioner M 'lard, the Court voted unanimously to approve the Claims as s mitted. Commissioner Cauley read aloud Proclamation #05-003 d 'ignating the month of April 2005 as "Relay for Life". The L 67 PAGE I Is 5 C issioners Court meeting March 15, 2005 3 C rt joins with the local American Cancer Society to c ebrate cancer survivors and encourage everyone to take up t fight against cancer. On motion by Commissioner Cauley, s onded by Commissioners Wassermann, Peters, and Mallard the C' rt moved to proclaim the month of April 2005 as "Relay for L e Month" throughout Brazos County. Commissioner Cauley t n presented the signed Proclamation to Ms. Laura Ampol- H 1, Relay for Life Program Chair. The next matter before the Court was a request by Keep B zos Beautiful for support from Brazos County for the "Don't Miss With Texas Trash-Of" on April 2, 2005 and the "Brazos Trash-Bash" on April 16, 2005. On motion by Commissioner P ers, seconded by Commissioner Wassermann, the Court voted u nimously to transfer $500 from Contingency for support. The next matter before the Court was consideration of a c 'tract between Brazos County and MGT of America, Inc. for t purpose of providing executive search services for the D ector of Juvenile Services position. The term of the c tract begins March 4, 2005 and ends on or about June 1, 23U5. Cost of services is $14,500.00. On motion by C issioner Cauley, seconded by Commissioner Wassermann, the C rt voted unanimously to approve the contract. Commissioner C ley then asked to amend his motion to include the money L_~J PAGE_ JL~ C missioners Court meeting March 15, 2005 4 w 1 be reallocated in the Juvenile Services budget to cover tlm~ expense. Commissioner Mallard seconded the amended motion a it carried unanimously. A copy is attached. The court next considered approval of an Interlocal A 'eement between Brazos County and the Cities of Bryan and C lege Station for the purpose of submitting an application f the 2005 Byrne Justice Assistance Grant. Brazos County will receive portion of the grant is $23,055.66. The S Tiff's office will use the funds to complete the mobile d a computer project and upgrade the mobile video project to d 'ital. On motion by Commissioner Cauley, seconded by C issioner Wassermann, the Court voted unanimously to a rove the agreement. A copy is attached. The Court next considered approval of a payment to H uide.Com for the development and distribution of an on-line s 'vey of Juvenile Services Department employees, and the t ulation and reporting of survey results. On motion by C issioner Mallard, seconded by Commissioner Wassermann, the C rt voted unanimously to authorize the payment of the r uisition in the amount of $900.00. The next matter before the Court was a request from the B zos county Emergency Communications District for permission t place a County AM radio network transmitter on county land L le 7 PAGE / ~7 C issioners Court meeting March 15, 2005 5 a ng Kathy Fleming Road. In July of 2004, the County, the tWID cities and the 9-1-1 District entered into an Interlocal A eement for an Emergency AM Radio Network with the s 'pulation that the County would provide space for the County t nsmitters. On motion by Commissioner Wassermann, seconded bfCommissioner Peters, the Court voted unanimously to approve t# placement of the transmitters at the chosen site. The Court next considered the renewal of the nistrative Services Agreement between Blue Cross Blue S eld (Claims Administrator) and Group Health Plan of Brazos C my (Group Health Plan). The Agreement is for the s cifications for the Fee Schedule Period commencing January 1 2005 through December 31, 2005. On motion by Commissioner M lard, seconded by Commissioner Peters, the Court voted nimously to renew the agreement. A copy is attached. The next matter before the Court was a request from the C y of Bryan to open cut Deer Hill Drive (at SH 6 feeder r d) to repair a leak on the transmission line of a water w 'l. The site is located in Precinct 4. The County Engineer r ommended approval. On motion by Commissioner Cauley, s onded by Commissioner Peters, the Court voted unanimously t¢Japprove the request. The Court next considered the request from Verizon to L 0 PAGE PAGE I 63 rs i ssioners Court meeting March 15, 2005 6 truct 370 feet of buried cable installations in the right- o way of Deep Well Road at a minimum depth of 30 inches. The s e is located in Precinct 2. The County Engineer stated t t all appeared to be in order and recommended approval. On m 'ion by Commissioner Peters, seconded by Commissioner W sermann, the Court voted unanimously to approve the request f m Verizon and authorized the installation. A copy of the r4Ouest is attached hereto. The next matter for consideration by the Court was a eptance of an easement grant conveyed to Brazos County as e ement for the purpose of expanding and improving Koppe B dge Road in Precinct 1. On motion by Commissioner W''sermann, seconded by Commissioner Peters, the Court voted u nimously to authorize the County Judge to accept the e ement grant from Glenn Pruitt and wife Rebecca Pruitt on t expansion of Koppe Bridge Road located in Precinct 1. The Court next considered acceptance of a Warranty Deed f right-of-way on Rabbit Lane in Precinct 2. On motion by C issioner Peters, seconded by Commissioner Cauley, the C rt voted unanimously to authorize the County Judge to a ept on behalf of Brazos County a Warranty Deed from David SjjCarrabba for the expansion and improvements to Rabbit Lane. L~') PAGE I to 9 issioners Court meeting March 15, 2005 7 Under announcement of interest items and possible future a$pnda topics the following spoke: Commissioner Mallard a) He received an E-Mail about a bill dealing with appraisal caps that was to be re- introduced in the Legislature tomorrow. He has sent an E-Mail opposing the bill. There was no citizen input and/or concerns. Under Agency/Board/Committee reports by Court members t following spoke: Commissioner Mallard a) Bio-Terrorism was discussed at the Health Department Board Meeting last week. In the event of a bio-terrorist attack, the Health Department is the lead agency. Mike Paulus with that Department is working on a plan of action. There being no further business to come before the Court, t# meeting was adjourned. L 0 PAGE 17 D BRAZO ET I N M E ~ COUNTY COMMISSIONERS COURT r I.S- 200- AT O N Name Organization/Department Z e C4 V,~)t U vv-,_ v k QL-, (-.--)Ci C% ~ c V©LaPAGE 11~ BRAZ MEETIN ( COUNTY COMMISSIONERS COURT ON 2006-AT Name Organization/Department : s f' 7c, s V®L O P, AGE BRAZOS COUNTY, TEXAS BUDGET AMENDMENT(S) FOR THE 2004-2005 BUDGET YEAR NO. 04/05-19.1 thru 04/05-19.3 this the 15`h day of March 2005 at a regular meeting of the Commissioners' Court, the were present: The 2 Randy Sims, County Judge, Presiding Lloyd Wassermann, 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 proceedings were held: T WHEREAS, on 15 March 2005 the Court heard and approved a budget amendment for the year for Brazos County, Texas. an expenditure is necessary due to the necessity to meet unusual and unforeseen could not be reasonably included in the original budget adopted 25 August 2004 the following THE s) to the original are hereby authorized, as described on the attached page(s). PTED AND APPROVED this the 15`h day of March 2005. SSIONERS' COURT OF BRAZOS COUNTY, TEXAS. l2, Ads AIL 41101~ County Jge Original Copies: County Clerk's Office and attached to the original budget County Auditor County Treasurer Commissioners' Court Minutes VOL 0 FAGE I~ BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 04/05 -19.1 ~ n c i~nna FD DIV ACCT PROJ DR/CR V vACCOUNT NAME Increase Decrease 3200 282100' 51615000 28210500 CR Hourly-Law Enforcement 10,219.00 3200 282100, 53100000 28210500 CR Social Security 818.00 3200 3200 282100 282100 53200000 53300000 28210500 28210500 CR CR Retirement Group Insurance 1,226.00 1,533.00 3200 282100 53800000 28210500 CR Workers Comp 204.00 3200 282100 71400000 28210500 CR Peace Officer 18,700:00 3200 282100 67203000 28210500 DR Minor Computer Hardware 1,200.00 3200 282100 80890000 28210500 DR Vehicles 31,500.00 Narcotics T k Force To move fun to purchase two vehicles as per approved budget amendment from CJ D. voL to7 Pace DS BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 04/05 -19.2 3/15/2005 FD DIV ACCT PROJ DR/CR ACCOUNT NAME Increase Decrease 3400 19200100 61620000 CR Subscriptions & Publications 500.00 3400 19200100 53100000 DR Social Security 60.00 3400 19200100 53200000 DR Retirement 370.00 3400 19200100 53800000 DR Worker's Compensation 70.00 District Atto Crime Fund Reallocation funds to cover increase in benefits due to salarv chanaes. VOL W SAGE I71 BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 04/05 -19.3 311 512005 FD DIV ACCT PROJ DR/CR ACCOUNT NAME Increase Decrease 3000 318400 72157000 31840500 CR Counseling Services 840.00 3000 318400 60350000 31840500 DR Food and Food Supplements 410.00 3000 318400 71520000 31840500 DR Rental-Vehicles 430.00 Juvenile Se ces - JSCC To reallocate nds for trans portation and meals for JSCC program a e. ~.t e u VOL _WP AGE 1~ ~47 PERSONNEL CHANGE OF STATUS Page 1 c CO T DATE: March 15, 2005 DE RTMENT: Personnel PU OSE: Amove Personnel Change of Status soon Inswooms ~TMENTNAME EMPLOYEE NAME ACTION REQUESTED JUST E OF THE PEACE, HARRIS, KIMBERLY TRANSFER TO ANOTHER PCT. 4 DEPARTMENT & CO TABLE, PCT. 4 Appro in Commissioners' Court: March 15, 2005 County dge's or Commissioner's Signatur • (This c y to be attached to minutes) VOL W PAGE ~ 7g CANCELLATION Upon 10 days written notice, Client shall have the right to terminate this Contract at any time before the date of completion, either for cause or convenience. In the event that Client terminates this contract for cause, MGT shall have 10 days from the date of receipt of the written notice of termination in which to cure the alleged cause. In the event that Client terminates this agreement, whether for cause or convenience, MGT shall be paid for work performed and expenses incurred prior to termination, as describe in Section III (PAYMENT) above. CONTRACTOR EMPLOYEES In performance of this Contract, MGT and any agent or employee of the MGT shall act in an independent capacity and not as an officer or employee or agent of Client, nor shall any party be covered under Client's personnel rules and regulations. Client shall have no responsibility for deductions for or contributions to Social Security, unemployment insurance, or any other benefits nor shall income tax be withheld. 1. CONFIDENTIALITY AND NONDISCLOSURE MGT understands and agrees that all information developed as a result of this project shall be the property of Client and shall be submitted immediately to Client upon request. LEGAL REQUIREMENTS MGT agrees that during the duration of this agreement and as a condition of Client's duty to perform, MGT will comply with all applicable laws and regulations of the State of South Carolina and the federal government, including but not limited to, the Equal Employment Opportunity Act, the Occupational Safety and Health Act and audit requirements. COUNTY, TEXAS MGT OF AMERICA, INC. `"'.2 By: ~G I U i ~ Printed Name Title FEID 59-1576733 VOL (o~ PA6?1 Ulf EXECUTIVE SEARCH FOR DIRECTOR OF JUVENILE SERVICES BRAZOS COUNTY, TEXAS REVISED SCOPE OF SERVICES MGT OF AMERICA, INC. MARCH 4, 2005 T 11.10: ORGANIZING AND PREPARING THE SEARCH In th task, Brazos County must create the necessary infrastructure to ensure a smooth sec on process. MGT will provide guidance and assist the County selection team in ea f the following areas as described below. A. Review and revise, as necessary, the position description, including minimum qualifications, desired experience, key indicators of successful performance, and other relevant performance expectations. B. Create a profile of the ideal candidate that includes strengths he/she must possess, style, personal characteristics, background, experiences, educational attainment, and leadership style. C. Assist the County in establishing a compensation package for the position. D. Confirm a time line for filling the vacancy. TAS1:1.0: GENERATING AN APPLICANT POOL The st selection process is only as successful as the quality of the applicants that are identi d and agree to participate in the search. Given the requirements of operating these earches in the "public eye", this can be the most significant challenge the County will fa in hiring a new Director of Juvenile Services. As such, the involvement of the consu ng team can be critical here in generating interest in the position and assuring each ndidate that the search will be conducted in the most professional manner and that t it candidacy will be treated with sensitivity, dignity, and respect during the search nmcP_ In this' hase, MGT will work with the County selection team to complete the following steps: VOLJp7 PAGE I. Prepare advertisements and make recommendations for placement in publications; 2. Research applicable markets and potential candidates to determine who would fit the leadership profile. 3. Contact relevant sources for names of potential candidates. Encourage nominations. 4. Contact potential candidates and encourage them to participate in the search. 5. Create and maintain a file on applicants and nominees. 6. Acknowledge all correspondence received with appropriate follow-up letters. T. : INTERVIEWING AND SELECTING THE DIRECTOR OF JUVENILE In thi phase of the search, the County selection team will review the resumes submitted to to to potential candidates for the pool, to screen these candidates and to assist in the d elopment of the list of candidates to be interviewed. MGT gill assist the County in all of the activities listed below: 1. Screen the resumes and application materials of all candidates. 2. Create a Candidate Report consisting of all candidates (rated and ranked). Create a "short-list" of candidates (5 individuals). Conduct reference checks on short-listed candidates. Collect all available information on short-listed candidates. (This may include site visits / video conferences / telephone conferences to candidates' current employment locations to interview references/others, as well as intemet and newspaper searches). Perform final background checks on selected candidates. Contact unsuccessful finalist(s) and thank them for participating. VOL,_~TPAGE 16") , 10 BUDGET America, Inc. is pleased to submit this cost quotation to Brazos County, Texas to an executive search services for a new Director of Juvenile Services. Our total ce to perform the services detailed above is $14,500. This 11 uotation does not include any of the following: ■ travel costs (if any), which will be invoiced at cost to the County; ■ advertising costs, which are to be absorbed by the County (MGT will provide a cost estimate once target markets have been defined); and ■ background investigation services, which will be invoiced at cost to the County (see page 5-2 in Proposal dated January 31, 2005 for pricing). Our deral Identification number is 59-1576733. J kS, College Station, Bryan and the County believe it to be in their best interest to the JAG funds as described above. NOW, WREFORE, the parties hereto, in consideration of the mutual covenants and conditio contained herein, promise and agree as follows: 1. llege Station agrees to pay the County a total of $23,055.66 of JAG funds. 2. 11 e County agrees to use $23,055.66 for the Technology Enhancement Program until 0 31/09. 3. CqIlege Station agrees to pay Bryan a total of $23,055.66 of JAG funds. 4. an agrees to use $23,055.66 for the Technology Enhancement Program until 03/31/09. 5. lege Station agrees to retain a total of $23,055.66 of the JAG funds. 6. C lege Station agrees to use $23,055.66 for Community Outreach Programs until 03/31/09 7. T parties to this Agreement do not intend for any third party to obtain a right by virtue of t Agreement. 8. B entering into this Agreement, the parties do not intend to create any obligations express o mplied other than those set out herein; further, this Agreement shall not create any ri is in any party not a signatory hereto. 9. N parry shall have the right to direct or control the conduct of the other parties with r ect to the duties and obligations of each party under the terms of this Agreement. 10. h entity shall ensure that all applicable laws and ordinances have been satisfied. 11. E cc ive Date and Term. This Agreement shall be effective when signed by the last p whose signing makes the Agreement fully executed and will remain in full force effect until 03/31/09 12. EMNIF'ICATION: Subject to the limitations as to damages and liability under IthITlexas Tort Claims Act, and without waiving its governmental immunity, each to this Agreement agrees to hold harmless each other, its governing board, rs, agents and employees for any liability, loss, damages, claims or causes of causor asserted to be caused, directly or indirectly by any other party to Agreement, or any of its officers, agents or employees as a result of its rmance under this Agreement. Contract I 2 03110/OS I VOL ] PACE. 19S 13. ONSENT TO SUIT: Nothing in this Agreement will be construed as a waiver or linquishment by any party of its right to claim such exemptions, privileges and munities as may be provided by law. 14. validity. If any provision of this Agreement shall be held to be invalid, illegal, or enforceable by a court or other tribunal of competent jurisdiction, the validity, legality d enforceability of the remaining provisions shall not in any way be affected or i paired thereby. The parties shall use their best efforts to replace the respective vision or provisions of this Agreement with legal terror and conditions approximating t original intent of the parties. 15. Written Notice. Unless otherwise specified, written notice shall be deemed to have been t1y served if delivered in person or sent by certified mail to the business address as ed herein. of College Station: City Manager City of College Station P.Q. Box 9960 College Station, Texas 77842 of Bryan: City Manager City of Bryan 300 South Texas Avenue Bryan, Texas 77803 County: County Judge Brazos County 300 East 29s' Street, Suite 114 Bryan Texas 77803 14. E 're A regiment. It is understood that this Agreement contains the entire agreement b een the parties and supercedes any and all prior agreements, arrangements, or UT A erstandings between the parties relating to the subject matter. Nor oral erstandings, statements, promises, or inducements contrary to the terms of this eement exist. This Agreement cannot be changed or terminated orally. No verbal went or conversation with any officer, agent, or employee of any party before or a r the execution of this Agreement shall affect or modify any of the terms or o gations hereunder. 15. A endment. No Amendment to this Agreement shall be effective and binding unless until it is reduced to writing and signed by duly authorized representatives of both Contract 3 03/10/05 YflL~PRGE IF 16. gas Law. This Agreement has been made under and shall be governed by the laws of State of Texas. 17. ice of Performance. Performance and all matters related thereto shall be in Brazos unty, Texas, United States of America. 18. thori to Enter Contract. Each party has the full power and authority to enter into perform this Agreement and the person signing this Agreement on behalf of each p has been properly authorized and empowered to enter into this Agreement. The p sons executing this Agreement hereby represent that they have authorization to sign o behalf of their respective corporations. 19. ier. Failure of any party, at any time, to enforce a provision of this Agreement, shall way constitute a waiver of that provision, nor in anyway affect the validity of this ment, any part hereof; or the fight of either party thereafter to enforce each and hereof. No term of this Agreement shall be deemed waived or breach ed unless the waiver shall be in writing and signed by the party claimed to have ved. Furthermore, any consent to or waiver of a breach will not constitute consent to o giver of or excuse of any other different or subsequent breach. 20. A ement Read. The parties acknowledge that they have read, understand and intend t e bound by the terms and conditions of this Agreement. 21. i ment. This Agreement and the rights and obligations contained herein may not be a geed by any party without the prior written approval of the other parties to this 22. lti le Ori inals. It is understood and agreed that this Agreement may be executed in a tuber of identical counterparts, each of which shall be deemed an original for all Contract 03/10/05 VOL_O PAGE I8 EXEC ED this the _ day of OF C EGE STATION. 2005 by CITY CITY OF COLLEGE STATION By: RON SILVIA Mayor ATTES : APPROVED AS TO FORM: CON HOOKS City Attorney City S ACKNOWLEDGEMENT STATE Q, F TEXAS § COUN OF BRAZOS § § B ORE ME, the undersigned authority, a Notary Public in and for the State of Texas, on this d personally appeared RON SILVIA, Mayor of College Station, Texas, known to me to be the rson whose name is subscribed to the foregoing instrument and acknowledged to me that he a ted it for the purposes and consideration therein expressed, and in the capacity therein st d. UNDER MY HAND AND SEAL OF OFFICE this A.D. 2005. Notary Public, State of Texas My Commission Expires: Contract N 03110/05 s VOL 11 0 FAGGL day of EXEC ED this the day of OF BR AN. CITY OF BRYAN By: ERNEST WENTRCEK Mayor A Mary Lt Strata City Sec ary 2005 by CITY APPROVED AS TO FORM: City Attorney ACKNOWLEDGEMENT STATE F TEXAS § COUNT OF BRAZOS § B ORE ME, the undersigned authority, a Notary Public in and for the State of Texas on this d personally appeared ERNEST WENTRCEK, Mayor of Bryan, Texas, known to me to be the rson whose name is subscribed to the foregoing instrument and acknowledged to me that he a ted it for the purposes and consideration therein expressed, and in the capacity therein st ed_ Notary Public, State of Texas My Commission Expires: _ Contract It' 03/10/0.5 6 VOL 67 PAGE ~.S UNDER MY HAND AND SEAL, OF OFFICE this , A.D. 2005. day of ECUTED this the day of 2005 by COUNTY. COUNTY OF BRAZOS By: relA ic= 64 RANDY S S -v- (Z(y sirys County Judge ATTES: APPROVED AS TO FORM: Karen County STATE OF TEXAS on this d to me to to me tl capacity Counsel for Brains County ACKNOWLEDGEMENT OF BRAZOS § 'ORE ME, the undersigned auth , a Notary Public in and for the State of Texas, personally appear , County Judge of Brazos County, Texas, known the person whose name is subscribed to the foregoing instrument and acknowledged he executed it for the purposes and consideration therein expressed, and in the rein stated. UNDER MY HAND AND SEAL, OF OFFICE this day of A:D. 2005. *PLEASE N Contract 1 03/10/05 - LQ L-4 ~ I - :BBIE aZKLEDGE Notary Public, State of Texas ~A N~OF COMNISfION EX►IREt: MY Commission Expires: UB(leU LY 8, 2007 Commissioner Carey Cauley, Jr. was Judge Sims' designee to preside over the Brazos County Commissioners Court in his absence on 15 March 2005. VOL_61 FAGE/ W) VOL_WPGE,V The B * The Item Three Charges for Additional Services ng Additional Services shall be furnished: i 25.0% of any recovered amounts* Program/Network access fees The lesser of 10.0% of the discount or $2,000 per claim Worldwide Program 1 Group (10 or more members living outside of the USA) BOW Fee Schedule roup (under 10 members living outside of the USA) No additional charge rvices for International or Domestic Group BCWW Fee Schedule ited subrogation fees are based on the net recovery after attorney's fees, if any, have been paid. Item Four Plan Design Materials Claims Administrative Document Schedule of Specifications Exhibit A - Plan Service Area Benefit Toklets: Accept/Ij line -1 14 1 Benefit Booklets ❑ No additional charge ❑ $Supplemental Billing* ❑ 8 1 Customized Benefit Booklets ❑ No additional charge ❑ $Supplemental Billine * ❑ Customized Covers ❑ No additional charge ❑ $Supplemental Billing* Subscri Identification (ID) Cards: Accept/E line ❑D Subscriber ID Cards ❑ No additional charge ❑ $Supplemental Billing* ❑ 1 0 Customized ID Cards ❑ No additional charge ❑ $Supplemental BillinQ* Network rovider Directories El No additional charge ❑ $Supplemental Billing* Subscri Claim Forms, Application Forms, Enrollment Materials ONo additional charge ❑ $Supplemental Billing* Form No. INSA (Rev.03)/SCH Page 2 2 80950JAN.05 Special ailings: Cost has been included in Administrative Charge: Yes ❑ No D Identification Cards mailed to home addresses Yes El No ❑ Provider Directories mailed to home addresses Yes ❑ No El * Any stomized materials or additional services or supplies not documented in this Fee Schedule may be subj to Supplemental Billing upon mutual agreement of the parties. Item Five Administrative Charges and Credits A The ministrative Charge, calculated Monthly, shall be equal to the sum of the amounts obtained by mul lying the total number of covered Subscriber Units by category by the appropriate factors shown Me 1 Dental $29. $4.16 For each composite Subscriber Unit B. The rmination Administrative Charge shall be equal to the amount obtained by multiplying the sum of all c red Subscriber Units during the three Months immediately preceding the date of termination by the facto shown below. Dental $2.93 For each composite Subscriber Unit Item Six Plan Coverage Group Ith Plan's Health Benefit Plan coverage inclusive of the following: PPO Managed Health Care coverage Traditional (Out-of-Area) Indemnity Benefit coverage Comprehensive Dental Care coverage Group Date: Form No. "^~G~1p(~ SjMS By itr.'► Patricia Hemingway all, sident Date: 3 1 is Ita$ Plan of County of Brazos Blue Cross and Blue Shield of Texas (Rev.03)/SCH Page 3 VOL PAGE 1 ~ . 80950JAN.05 G W) ON O 00 z o I 6-0 I F~1 0 0~ ~ tl O U 4~ O Cd P-4 Cc a~ O 0 kr) N M a~ U U U N 0 O N ti bU ,a N 'C 0 a .b. U U a) a~ w wO a> U W W a~ Cd a) Cd ° " O _ a~ Cd to o ° a o a> p U I-1 ° 'V Cd / `Y•y a~ ° U N Cd a Cd y" 'D cn CL) f+ Q >O y > o ON V U U y N o 'R c > r A > U ctl 4-4 N ° 4] 4-1 Cd ° 3 O b a> a~ a U Cd 'b y T7 PS o p ~ o Q . C M O Q co " 0 cn a.~ C b w ~ ) > . + + W, o U U cd N a b Cd 0 c W a d . 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BCBSTX is a division of Service Corporation. Health Care Service Corporation is a Mutual Legal Reserve Company, and an it licensee of the Blue Cross and Blue Shield Association (the Association). The license from the i permits BCBSTX to use the Blue Cross and Blue Shield Service Marks in the State of Texas. > not contracting as the agent of the Association. Said GHP also understands that it has not entered into lent based upon representations by any person other than BCBSTX. No person, entity, or organization 3CBSTX shall be held accountable or liable to the GHP for any of BCBSTX's obligations to the GHP er this Agreement. This paragraph shall not create any additional obligations whatsoever on the part of ther than those obligations created under other provisions of this Agreement. BlueCa Like all a Cross and Blue Shield Licensees, the Claim Administrator participates in a program called "B1ueCard." Whenev Participants access health care services outside the Claim Administrator's service area, the claims for those se ces may be processed through B1ueCard and presented to the Claim Administrator for payment in confo with network access rules of the B1ueCard Policies then in effect ("Policies"). Under B1ueCard, when Participa receive covered services within the geographic area served by an on-site Blue Cross and/or Blue Shield Li nsee ("Host Blue"), the Claim Administrator will remain responsible to the Employer for fulfilling the Claim A ' 'strator's contract obligations. he Host Blue will only be responsible, in accordance with applicable B1ueCard Policies, if any, for uch services as contracting with its participating Providers, handling all interaction with its participating and, if applicable, providing some managed care services. The financial terms of B1ueCard are ;enerally below. Method Per Claim The cal ation of a Participant's liability on Claims for covered services incurred outside the Claim Adminis tor's service area and processed through BlueCard will be based on the lower of the Provider's billed charges the negotiated price the Claim Administrator pays the Host Blue. The calc ation of the Employer's liability on Claims for covered services incurred outside the Claim Adminis ' tor's service area and processed through B1ueCard will be based on the negotiated price the Claim Adminis for pays the Host Blue. The me employed by a Host Blue to determine a negotiated price will vary among Host Blues based on the terms of h Host Blue's Provider contracts. The negotiated price paid to a Host Blue by the Claim Administrator on a clai for covered services processed through B1ueCard may represent: (i) Form No. actual price paid on the claim by the Host Blue to the health care Provider ("Actual Price"), or (Rev.03)/ADD-B Page 2 1 ~ ~j . I Stock No. 0009.450-0104 (ri An estimated price, determined by the Host Blue in accordance with B1ueCard Policies, based on the tual Price increased or reduced to reflect aggregate payments expected to result from settlements, wit Ids, any other contingent payment arrangements and non-claims transactions with all of the Host Blue's care Providers or one or more particular Providers ("Estimated Price"), or (ii An average price, determined by the Host Blue in accordance with B1ueCard Policies, based on a bilk charges discount representing the Host Blue's average savings expected after settlements, withholds, any, er contingent payment arrangements and non-claims transactions for all of its Providers or for a spec: 0 led group of Providers ("Average Price"). An Average Price may result in greater variation to the Part' pant and the Employer from the Actual Price than would an Estimated Price. Host Bl using either the Estimated Price or Average Price will, in accordance with BlueCard Policies, prospect ly increase or reduce the Estimated Price or Average Price to correct for over- or underestimation of past pric However, the amount paid by the Participant and the Employer is a final price and will not be affected by such spective adjustment. In addition, the use of a liability calculation method of Estimated Price or Average Price ma result in some portion of the amount paid by the Employer being held in a variance account by the Host Blue, per IM( g settlement with its participating Providers. Because all amounts paid are final, the funds held in a variance cunt, if any, do not belong to the Employer and are eventually exhausted by Provider settlements and through ospective adjustments to the negotiated prices. Statutes i a small number of states may require a Host Blue either (1) to use a basis for calculating a Participant's liability covered services that does not reflect the entire savings realized, or expected to be realized, on a particul ! laim or (2) to add a surcharge. Should any state statutes mandate liability calculation methods that differ fr the negotiated price methodology or require a surcharge, the Host Blue would then calculate the Particip 's liability and the Employer's liability for any covered services consistent with the applicable state statute ' ffect at the time the Participant received those services. Return 0 Overpayments Under B Card, recoveries from a Host Blue or from participating Providers of a Host Blue can arise in several ways, in 1' ding but not limited to anti fraud and abuse audits, Provider/hospital audits, credit balance audits, utilizatio review refunds, and unsolicited refunds. In some cases, the Host Blue will engage third parties to assist in disco or collection of recovery amounts. The fees of such a third party are netted against the recovery. Recove ounts, net of fees, if any, will be applied in accordance with applicable B1ueCard Policies, which generally quire correction on a claim-by-claim or prospective basis. Fees and Compensation The the time to and coi fees, C the acc Claim certain er understands and agrees (1) to pay certain fees and compensation to the Claim Administrator which .dministrator is obligated under B1ueCard to pay to the Host Blue, to the Blue Cross Blue Shield or to the B1ueCard vendors and (2) that fees and compensation under B1ueCard may be revised from without the Employer's prior approval in accordance with the standard procedures for revising fees sation under BlueCard. Some of these fees and compensation are charged each time a claim is rough BlueCard and include, but are not limited to, access fees, administrative expense allowance . Financial Agency Fees, and ITS Transaction Fees. Also, some of these Claim-based fees, such as e and the administrative expense allowance fee, may be passed on to the Employer as an additional ty. Other fees include, but are not limited to, a toll-free phone number fee and a fee for providing ider directories. Form No. SA (Rev.03)/ADD-B Page 3 Stock No. 0009.450-0104 ~J(7 1lq Cross and Blue Shield of Texas Prescription Drug Program Rebate Disclosure ngements With Pharmacy Benefit Managers (If BCBSTX Administers Prescription Drug ns For Group Health Plan) Form STX has entered into agreements with certain entities for the provision of, and payment for, ription drug benefits to persons entitled to prescription drug benefits under individual health ance policies, group health insurance policies and self-funded arrangements. These entities are red to as pharmacy benefit managers (PBMs). Pharmacy benefit managers have agreements with naceutical manufacturers to receive rebates based upon utilization of their products. PBMs may a portion of any such rebates with BCBSTX. Because BCBSTX places all of its pharmacy less, not just the pharmacy portion of GHP's business, with a PBM, the rebated amount usually ;ds the amount the GHP could negotiate on its own behalf. sed upon previous experience with such rebates, BCBSTX has estimated that any drug rebates for iP would be based on an average dollar amount per prescription. One hundred percent (100%) of the pected rebate is shared with plans based upon the benefit design and the retail and mail order usage e. The expected rebate passed back to the GHP is determined by multiplying the sum of the estimated Mars times the expected number of annual prescriptions dispensed then divided by the expected number contracts then divided by twelve (12) months. The amount per contract per month is shown on the e Schedule. BCBSTX does not administer prescription drug claims for GHP, this disclosure shall be inapplicable to is Agreement. (Rev.03)/ADD-B Page 4 Stock No. 0009.450-0104 T 200 r a BRAZOS COUNTY COMMISSIONERS' COURT ACTION FORM DEPARTMENT Road and Bridge NUMBER 560010 DATE O ! OURT MEETING: March 15. 2005 ITEM: k on the to Hill D r well Feeder in # /S SOURCE PF FUNDS: N/A N No work will be permitted between front slope and/or back slope. All installation(s) shall be constructed in designated utility easements, if applicable. If no utility easement exists, the installation(s) shall be 1) within 3-5' of and parallel to the right-of- way line and/or 2) in the case of a road bore, perpendicular to the right-of-way line. If clearing of brush, trees and other obstruction is necessary, it shall be the Applicant's responsibility to do so and to remove all cleared brush, trees etc. from county right-of-way. Ditch line shall be compacted to 90% standard density ASTM-Test Method No. D-698; test shall be conducted by an independent geotechnical testing firm; copies of all test results shall be furnished to the office of the Brazos County Engineer. Construction shall be in strict conformance to the latest Texas Manual of Uniform Traffic Control Devices for Streets and Highways, published by the Texas Department of Transportation, and all other State and Federal laws governing utility construction. ONS: AC ION REQUESTED OR ALTERNATIVES: Recommend approval of em rgency water line repair. SUBMITT D Y: APPROVED BY: Richard F .Vance, P.E. ommis loner Carey C u y County E ineer Precinc 4 0005-01 This Req Date: is Approved Denied ❑ by Commissioners' Court s, County dge Notes: Proposed Transmission Line Repair { At Deer Hill Ran and HWY 6 Feeder Road W 31 41 This project is necessary to facilitate a leak on the transmission line connecting our Water Well #14 to the collection system. This line runs parallel to the feeder road of HWY 6 from the intersection of OSR to Business 6 (Texas Avenue). The repair site will be limited to the intersection of Deer Hill Run, where the line crosses. The pipe line is currently leaking under the roadway and existing to the surface, on the south-side corner of the intersection. The repair will consist of excavating (trench) the roadway to expose the existing concrete-steel cylinder pipe. Once exposed, the section of pipe crossing Deer Hill Run will be removed and replaced with standard 24-inch Ductile Iron Mechanical Joint Pipe and reconnected to the existing pipe on each side of the roadway. Select fill will be used to bed the pipe to a depth of 12-inch above the pipe. Stabilized sand will be compacted in 6-inch lifts to a depth of 12-inch below the road grade. Road base (crushed limestone) will be compacted in 6-inch lifts to replace the roadway to grade. The repair is expected to begin at 9 am on March 9m, 2005 and be completed by 5 pm, the same day. Traffic control barricades will be installed at the intersection to protect the work site at the pipe line crossing of Deer Hill Run. Any traffic during the repair will be diverted through the parking area of Acker Poultry Supply, Inc., located next to the work site. Arrangements have been made with the owner, David Welch (324- 4737) to facilitate any traffic that may need access to Deer Hill Run. Once repairs are completed, all traffic controls will be removed, and normal operations restored. REQUEST TO THE Formal notice i; place a (type) Brazos County, The location or d copies of the dra )R PROPOSED INSTALLATION IN COUNTY RIGHT-OF-WAY OMMISSIONERS' COURT OF BRAZOS COUNTY, TEXAS BRAZOS COUNTY COURTHOUSE BRYAN, TEXAS 77803 ereby given that (applicant) CON of I3rq proposes to within the right-of-way of (road) Deter 14.11 -In ~xas as follows: D&: Hfcc. 'DAvE ption of the proposed installation is more fully shown by 3 s attached to this notice. I understand andllgree that: 1. The Coun Engineer must be notified 72 hours prior to the beginning of constructi in order that he, or his designated inspector, may inspect the actual inst lation. 2. All damag ''I to the roadways and rights-of-way will be repaired to their original co ition to the satisfaction of the County Engineer. 3. Brazos Co ty reserves the right to require Applicant to relocate or lower any such lit e at no cost to Brazos County, should same become necessary ' ue to widening or lowering, or other alteration of the roadway or riaht-of- v 4. Brazos Coty will in no way be responsible for any damage which might occur to a 11 existing utility lines in the right-of-way. 5. The line w lj be constructed and maintained on the County right-of-way in accordant ''with the Utility Accommodation Policy which was adopted by the Texas De ment of Transportation on May 29, 1989. 6. The line or N nes will be constructed no less than twenty-four inches (24") lower than the to st part of the drainage or bar ditch and the drainage is to be considere it least two feet (2') below the center of the roadway. 7. All sites wi i a barricaded during the construction period. Construction of th line will begin on or after the day of rYhmw 20 OT' Firm: By: Title: P144 0 a.R4w. % iWL Address: 30je 10vo Phone: Og}1 APPROVED BY COURT ON: Date ndy %ms, Co ISSIONERS' -C" 'i?arld y sl /Ls alt r y d~ FAGS. ~w Public Phon ( 0 s Dept _ o . Street ,.r Bryan. T 77803 7j~'(7~//A 3 8 ) 209-5900 B TL `E X A N DA:C E - -)zoo. - Fax: (97 )I 09-5959 11 N I V cc A W a a . III C ~I ~i V W a i WA own Dryvt, Co t3 W c.~s.v L.'r•e. . pe~+•wr . 3 2A - 441-S" - J~ INII y 3 ,ro ~ WO,L i I BRAZOS COUNTY COMMISSIONERS' COURT ACTION FORM DEPA R ENT Road and Bridge NUMBER 560010 't (0 DATE O OURT MEETING: March 15, 2005 ITEM: R uest from Verizon Communications to construct 370 feet of buried cable installatio in the right of way of Dee Well Road at a minimum depth of 30 inches. Site is located I Precinct 2. SOURCE[PF FUNDS: N/A 1) No " rk will be permitted between front slope and/or back slope. 2) All i tallation(s) shall be constructed in designated utility easements, if applicable. If no utility eas ent exists, the installation(s) shall be 1) within 3-5' of•and parallel to the right-of-way line and/or 2) i a case of a road bore, perpendicular to the right-of-way line. 3) If cl ring of brush, trees and other obstruction is necessary, it shall be the Applicant's responsibility to do s and to remove all cleared brush, trees etc. from county right-of-way. 4) Ditc line shall be compacted to 90% standard density ASTM-Test Method No. D-698; test shall be con cted by an independent geotechnical testing firm; copies of all test results shall be furnished to the ice of the Brazos County Engineer. 5) Con ruction shall be in strict conformance to the latest Texas Manual of Uniform Traffic Control Devi s for Streets and Highways, published by the Texas Department of Transportation, and all other Stat nd Federal laws governing utility construction. AL SUBMITT D BY: APPROVED By-. Richard F ance, P.E. Commissioner E. Duane Peters County E ' ineer Precinct 2 0005-01 This Req st is Approved M / Denied ❑ by Commissioners' Court Date: ' Ra Sims, C y Judge VOL A, IL5 _0 P u f V@rff7on Engineering & Planning 301 Industrial Blvd. Bryan, TX 77803 Marc 3, 2005 Riph Vance Braz County Engineering Office Coun Engineer 2617 . Hwy. 21 Brya I TX 77803 Dear Mr. Vance: AGRMNTS 24 BURIED CABLE Encl dare From ED-135 and a work location sketch showing the location of our prop ed buried cable line on county roads in Brazos County at Kurten, Texas. This rk is to be completed on Work Order 5435-3P001 GS which is scheduled for April 2005. If you have any questions concerning this work, please contact Gary Rece at our office in Bryan, telephone 979-821-4783 within 15 days so that we may expla of modify our proposal, otherwise, it is understood that this proposal is Since~oly, 6K ~A~y Arne Joh mold Supe isor - Network Engineer PrG+, o VOL 67 PACE f Notice of Line Installation March 3, 2005 To Th* Commissioner's Court of Brazos County ATTENTION COUNTY JUDGE: Form.41111 notice is hereby given that VERIZON COMMUNICATIONS will construct a co-11 unication line within the right-of-way of a County Road in Brazos County, rl" Texa s follows: Ve kliv on Communications will place a buried communications cable al and within 5' of right-of-way of Deep Well Road to the entrance of new cellular tower as indicated on work print. Cable will be placed at minimum depth of 30". Th location and description of this line and associated appurtenances is more (illy shown by two (2) copies of drawings attached to this notice. The line will be' onstructed and maintained on the County Road right-of-way in accord; nce with governing laws. No ithstanding any other provision contained herein, it is expressly under d that the tender of this notice by the Verizon Southwest Incorporated does t constitute a waiver, surrender, abandonment or impairment of any prope rights, franchise, easement, license, authority, permission, privilege or right n granted by law or may be granted in the future and any provision or provisi ns so construed shall be null and void. of this line will begin on or after March 30, 2005. Super 301 In Bryan, COMMUNICATION COMMUNICATIONS 5435-3P001GS Ga~et-Pctz Network Engineer Hal Blvd. 77803 VOL W IMAGE ;D7 III PO• Q i C. a 0 ~k dl / 1Si Ole, 4)-, GQ i C P~ d1P Q Q,O• 4P p EM r _ dyaPi, QE ~`l~P J~qy L 1q C z yQ ~ ~ G J .$P 0! 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