NOTICE OF MEETING OF THE MCLENNAN COUNTY COMMISSIONERS COURT
NOTICE IS HEREBY GIVEN that, in accordance with the Government Code, Chapter 551,( known as the Open Meetings Act), as amended, a regular meeting of Commissioners' Court, the governing body of McLennan County, will be held on Tuesday, the 20th day of December, 2016 at 9: 00 a. m. in the Commissioners' Courtroom, 1' Floor, West Wing, McLennan County Courthouse, 501 Washington, City of Waco, Texas, at which time, the subjects below will be considered and potentially acted upon.
AGENDA
A. Proof of Posting of Notice
B. Moment of Silence/ Invocation and Pledge
C. Public Comments
D. Proclamations/ Resolutions:
1. Resolution Supporting Medicaid Benefits Suspension Legislation
2. Proclamation Recognizing and Honoring Stephen " Steve" Hendrick- P.E. for 24 Years of' Service as McLennan County Engineer
E. Consent Agenda:
1. Approval of Minutes of Prior Meeting( s); Recording into the Court Minutes of Previously Approved Documents; Recordation of Items Not Requiring Court Action
a. Recording of Reauthorization of Business Associate Agreement: McLennan Community College
b. Recording of Texas Historical Commission Historic Buildings and Structures Permit # 834, Texas County Courthouse Squares, Install Recast Chisholm Trail Markers on Courthouse Grounds, McLennan County, Texas
c. Recording of Administrative Services Agreement and related documents: Scott& White Health Plan
2. Financial Obligations of McLennan County:
a. Authorization for County Treasurer to Pay County Checks / Wire / Electronic Transfers Issued Since the Last Authorization
3. Human Resources/ Salary Matters( Payroll Status Forms or Changes):
a. County Engineer: Discussion and/or Action regarding Replacement of County Engineer including, but not limited to, Replacement Process; Review/ Action on Resumes/ Applications; and related authorizations as necessary
b. County Court @ Law: Discussion and/ or Action on Appointment of Judge including, but not limited to, Appointment Process, Review/Action on Resumes/ Applications, Acceptance of Bond/ Oath Documents, related authorizations as necessary
4. Authorization I Ratification of RFP' s, RFQ' s, and Bids Advertisements; Publications; Public/ Legal Notices
5. Travel and Education Requests:
a. Spaceport Development Corporation
6. Recording of Educational Certificates; Recording of Department Head Affidavits; Recording of Departmental Reports; Acceptance or Approval of Official Bonds, Conflict Statements, or Other Such Items Required to be Submitted to the Court by Public Officials:
a. County Treasurer: Recording of McLennan County Investment Reports, November 2016
b. Tax Assessor/Collector: Recording of Detailed Deposit Distribution Report, November 2016
7. Burn Ban Approval, Extension, or Termination
8. Acceptance of Bond / Oath Documents for Various Elected and/or Appointed County Officials, related authorizations as necessary
F. Budget, Budget Amendments/ Transfers/Changes, Additional Revenue Certifications, Expenditure Requests:
1. Regarding the FY 16 Budget:
a. Indigent Defense
2. Regarding the FY 17 Budget:
a. Road& Bridge, Precinct 2
b. County Court @ Law
Page 1 of 3 c. HOT Fairgrounds
d. Commissioners Court
e. Law Library Fund( Fund 170)
f. 2016 Certificates of Obligation/ Permanent Improvement Fund( Fund 416)
g. Debt Service Payments/ Capital Outlay
h. Justice of the Peace, Precinct 3( Fund 130)
i. Authorization of Professional Services Invoice: The Wallace Group ( re: McLennan County Facility Roofing Surveys- November Services)
G. Bids, RFD' s, RFQ' s, Quotations for Goods and Services:
1. Recommendation regarding Bid 16- 019: Blue Bluff Road Bridge Damage Repair
H. Contracts, Interlocal Agreements, and Memorandums of Understanding; Purchase, Lease, or Acquisition of Goods, Equipment or Services, including any Financing Thereof:
I. Authorization of Interlocal Cooperation Agreement for Housing and Care of Inmates: Freestone County
2. Regarding the McLennan County Group Health Plan: Authorization/ Approval of Summary Plan Description ( SPD) Administered by Scott& White
3. Authorization of Amendment# 1 to the Jail Diversion Services Agreement: Heart of Texas Region Mental Health Mental Retardation Center( re: Pre- Trial Diversion Program)
4. Authorization of Indigent Care Affiliation Agreement: Seton Family of Hospitals on behalf of Affiliated Hospitals
5. Authorization of Indigent Care Affiliation Agreement: Baylor Scott & White Health on Behalf of the Baylor Scott & White Health Hospitals
6. Authorization of Professional Engineering Services Agreement: Winton Engineering( re: Themis Statue Restoration- WE Project No. 2016-084)
7. Authorization of Maintenance and Service Agreement: Office Systems 2000, Inc.( re: District Clerk' s Office Copier)
8. Authorization of Lease Agreement: Pitney Bowes( re: Inserting System for the Tax Office)
9. Authorization of Interlocal Cooperative Agreement: Lorena ISD( Road Work)
L Capital Improvement, Repair, Maintenance Projects and Construction Projects:
J. Real Estate, Right of Way, and Easements:
K. Grants/ Grant Proposals:
L. Department/Office-Specific Requests, Presentations or Items for Discussion and Possible Action ( To the Extent Not Addressed Above):
I. Constable, Precinct I: Discussion and/ or Action regarding Vehicle Purchase Request and related Financing
M. Additional Items( If Any) for Discussion and Potential Action:
1. Greater Waco Chamber of Commerce: Monthly Economic Development Report, October 2016
2. McLennan County Children's Protective Services Board: Authorization of Board Appointment
3. Children' s Protective Services Board: Recording of Detailed Transaction Report, November 2016
4. Discussion and/or Action regarding the 2017 Community Legislative Priorities
N. Americans with Disabilities Compliance Project:
O. Work Session Items( unless otherwise identified above, no action will be taken, but these matters will be discussed):
1. Discussion regarding Criminal Justice Issues: Updates on the Electronic Monitoring Program / Coordinating the McLennan County Criminal Justice System / Criminal Justice Process / Veterans & Mental Health Courts / Courthouse Security/ Public Nuisance Reporting& Enforcement Process, related matters
2. Section 551.072 of the Government Code( V..C.T.A.): Regarding Real Property, including, but not limited to: ( 1) Right Of-Way Acquisitions re: Expansion/ Repair Projects; and/or( 2) Real Estate Purchase/ Sale/ Transfer/ Trade/ Offers to Purchase, Acquisition/ Value/ Donations of Real Property/ Leases relative to Real Property, including, but not limited to, Potential Properties for Use by County/ Public Facilities& Valuation of Current Property for Trade or Sale
Page 2 of 3 3. Discussion regarding County Property: including Space Availability & Utilization of County Buildings/Law Library, Utilization Planning, Consultant, Joint Facilities Master Plan or Study; Tradinghouse Lake/ Park; ADA Capital Improvements; Surrey Ridge Road, Speegleville Road, and/ or Chapel Road; Themis Statue; Discussion regarding Lincoln City Road Flooding; Roofing Projects for Various County Buildings; County Off-System Bridge Repair/Maintenance, related matters
4. Discussion regarding Texas Department of Transportation: including Rural/ Public Transportation, related maters
5. Discussion regarding McLennan County Employee Policy Guide
6. Discussion regarding Record Retention
7. Discussion regarding Consolidation ofJustice ofthe Peace Vital Statistics Duties
P. Executive/Closed Session
1. Section 551.071 of the Government Code ( V.CT.A.): An executive/closed session will be held so that the Commissioners Court can seek and receive legal advice from its attorneys regarding pending or threatened litigation, settlement offers, claims, or other matters for which the attorneys' duties to their client under the Texas State Bar Disciplinary Rules of Professional Conduct Conflicts with the Open Meetings Act( Ch.551, Gov. Code) if necessary for a subject contained on this agenda, including updates on pending Texas Association of Counties Risk Pool-covered litigation against the County:
2. Section 551. 072 of the Government Code ( t'CC.T.A.): Regarding Real Property, including, but not limited to: ( I) Right-Of-Way Acquisitions re: Expansion / Repair Project/s; and/or ( 2) Real Estate Purchase / Sale / Transfer / Trade/ Offers to Purchase, Acquisition / Value / Donations of Real Property / Leases relative to Real Property, including, but not limited to, Potential Properties for Use by County / Public Facilities & Valuation of Current Property for Trade or Sale:
3. Section 551.074 ofthe Government Code( VC.T.A.): Regarding Personnel Matters including but not limited to: HR Director; Personnel Review/ Evaluation of Commissioners Court Appointed Department Heads; Interviews of and Deliberations regarding Applicants for County Engineer/County Court ( Qa Law; Personnel Matters Identified in any Open Session Item if Necessary, and related matters:
4. Section 551. 076 ofthe Government Code( V.CT.A.): Deliberations regarding Security Devices or Security Audits:
5. Section 551.087 of the Government Code( V.C.T.A.): Regarding Economic Development Negotiations including, but not limited to ( 1) Discussion of Commercial / Financial Information Received from a Business Prospect/ s; ( 2) Pending Negotiations / Potential Prospects and Projects; and/ or (3) Discussion re: Offers of Financial or Other Incentives to Business Prospect/s:
Q. Adjourn
Signed this the 15th day of December, 2016
s,tiltFi) MCI,e4924-..) SCOTT M. FELTON, County Judge
STATE OF TEXAS * COUNTY OF McLENNAN *
I, J. A. " ANDY" HARWELL, County Clerk, and the Ex-Officio Clerk to the Commissioners Court, hereby certify that the above and foregoing is a tole and correct copy of a NOTICE OF MEETING posted by me at the Courthouse door in Waco, McLennan County, Texas, where notices are customarily posted this 15th day of December, 2016.
Witness my hand and seal of office at Waco, McLennan County, Texas the 15th day of December, 2016 at 2.35 o' clock p. m.
J. A." ANDY" HARWELL, County Clerk SEAL) McLennan C. ty, Texas
BY: L ilIC• . eritee - .. •)
Notice: Persons with disabilities in need of auxiliary aide or services may contact the County Judge' s Office,( 254) 757- 5049, prior to the meeting date
FILED: DEC 2 0 20ia A Mctsaanyou*T C.) Rr Weyer eyerGowanAlsr". Page 3 of 3 NOTICE OF MEETING OF THE MCLENNAN COUNTY COMMISSIONERS COURT NOTICE IS HEREBY GIVEN in accordance with the Government Code, Chapter 551, ( known as the Open Meetings Act), as amended, that a special meeting of Commissioners' Court, the governing body of McLennan County, will be held on Tuesday, the 20th day of December, 2016 at 9: 00 o' clock a. m. in the Commissioners Courtroom, First Floor, West Wing, of the McLennan County Courthouse in the City of Waco, Texas, at which time the following SUPPLEMENT to the AGENDA previously posted on December 15, 2016 will be considered:
SUPPLEMENTAL AGENDA
A. Proof of posting of notice in accordance with the provisions of Chapter 551. 041, Government Code, as amended, known as the Open Meetings Act. B. Capital Improvement, Repair, Maintenance Projects and Construction Projects:: 1. Regarding the Extraco Events Center/ Moisture Intrusion Remediation/ Repairs / Low Roof Replacement ( Project No. 2013- 015. 02): Construction, LLC Construction Agreement ( RFP 16- 014): a. Bear Roofing & Big Payment Orders / Additional Services / Authorization of Change Orders / Work Requests / Addendums 1) Authorization of Change Order No. 1
2. Big Creek Construction, Ltd: Authorization for the Reconditioning and Resurface of Old Temple Road
Signed this the 1( 0'- day of December, 2016 2J2 Inc,,gi SCOTT M. FELTON, COUNTY JUDGE
THE STATE OF TEXAS * COUNTY OF MCLENNAN * . I, J. A. " ANDY" HARWELL, County Clerk, and the Ex- Officio Clerk to the Commissioners Court, hereby certify that the above and foregoing is a true and correct copy of a SUPPLEMENTAL NOTICE OF MEETING posted by me at the Courthouse door in Waco, McLennan County, Texas, where notices are customarily posted, on this the 16t1' day of December, 2016 at Z'YSo'clock p.m. h Texas, on this the 16' office at Waco, McLennan County, day of Witness my hand and seal of December, 2016.
J. A. " ANDY" HARWELL, County Clerk SEAL) McLennan County, Texas
BY: Att —
NOTICE: Persons with disabilities who plan to attend the meeting and who may need auxiliary aids or services are requested to contact the Office of the County Judge at ( 254) 757- 5049 prior to the meeting date.
FILED: DEC 2 0 20t6 A' Mr HAG'NELL.Couray Clan 1311!McLennan Carry.Tees Alter/Gowan m AGENDA: DECEMBER 20, 2016
B. Moment of Silence/ Invocation And Pledge
CD- 416, 9: 04
County Judge Felton stated that at this time we will have a moment of silence. County Judge Felton then Officer. stated that we will now have the Pledge of Allegiance led by our County Veteran Service AGENDA: DECEMBER 20, 2016
C. Public Comments No One Spoke
CD- 416, 9: 05
County Judge Felton opened the floor to anyone present who wished to address the Court on County business matters. Not hearing anyone speak, County Judge Felton closed the hearing. AGENDA: DECEMBER 20, 2016
D. Proclamations/ Resolutions:
I. Resolution Supporting Medicaid Benefits Suspension Legislation Approved See after Item D. 2.)
2. Proclamation Recognizing and Honoring Stephen " Steve" Hendrick- P. E. Approved for 24 Years of Service as McLennan County Engineer
CD-416, 9: 05 The Court went to item D. 2. Proclamation Recognizing and Honoring Stephen " Steve" Hendrick P. E. for 24 Years of Service as McLennan County Engineer. ORDER APPROVING:
PROCLAMATION RECOGNIZING AND HONORING STEPHEN " STEVE" HENDRICK- P. E. FOR 24 YEARS OF SERVICE AS MCLENNAN COUNTY ENGINEER
On this the 20 day of December, 2016, came on for consideration the matter of Proclamation
Recognizing and Honoring Stephen " Steve" Hendrick - P. E. for 24 Years of Service as McLennan County Engineer. Commissioner Jones read the Proclamation into the Minutes. Commissioner Jones made a motion to approve the Proclamation and it was seconded by Commissioner Perry. A vote being called for, voting in favor of said motion was Judge Felton, Commissioner Snell, Commissioner Gibson, Commissioner Jones and Commissioner Perry. It is ordered by the Court that said Proclamation be, and the same is hereby, approved by unanimous vote. iiiiiii
STATE OF TEXAS PROCLAMATION COUNTY OF MCLENNAN
A PROCLAMATION OF THE COMMISSIONERS COURT OF MCLENNAN COUNTY, TEXAS RECOGNIZING & HONORING Stephen " Steve" Hendrick—P.E. FOR 24 YRS OF SERVICE AS MCLENNAN COUNTY ENGINEER
WHEREAS, in 1968 from Troop 8 — now known as Troop 308 an Eagle Scout known as Stephan Hendrick a.k.a. " Steve" went on to pursue a college degree from Texas A& M University in Engineering; and
WHEREAS, with his family making their home in McLennan County, Steve began his 24 year career as the County Engineer for McLennan County, Texas: During this time he worked with 3 different County Judges; 11 different County Commissioners; 7 Road and Bridge Foreman; and
WHEREAS, among some of Steve' s greatest accomplishments and projects during his career with McLennan County that are paramount to recognize are: oversight of 35 damaged and obsolete or structurally deficient bridges; coordination with TXDOT through replacement of 32 of those during his tenure with McLennan County. Steve has served on Boards of Directors and as past- president of the Texas Association of County Engineers; he was the recipient of the 2004 Outstanding County Engineer; and Road Administrator of the Year Award by TACERA; and
WHEREAS, in keeping the McLennan County Engineering Department on the cutting edge of technology. Steve has left a legacy by continually improving relationships between McLennan County, TXDOT, Vendors, Contractors, Constituents and brought integrity to the office. It is noted that Steve' s leadership and expertise have left McLennan County a better place for future generations; and
NOW, THEREFORE, BE IT PROCLAIMED, that the Commissioners Court of McLennan County, Texas on this the 20th day of December, 2016 wishes to recognize, honor and does hereby congratulate Steve Hendrick, P. E. for his many accomplishments and service to McLennan County; and wish him all the joys life has to offer upon his retirement; and
BE IT FURTHER PROCLAIMED, that a copy of this Proclamation be made a permanent part of the minutes of the Commissioners Court.
WITNESSED OUR A S ND SEAL this 0th day of December 2016. j i
Scott M. Felton, County Jud 1
AL. irr is / P Kelly Snell, Comm. Prec 1 W'yr P es, eo . Prec 3
asi L• ster Gibson, Comm. Prec 2 Ben Perry, Commj Attest: J.A. " Andy" Harwell, County Clerk McLennan County Ar/ Deputy" unty Clerk FILED: DEC 2 0 NS
a ANDrMMwELL.Counint7V McLennan Counry, Tmas y PAytc*?& an Pam The Court went back to item D. I. Resolution Supporting Medicaid Benefits Suspension Legislation. ORDER APPROVING:
RESOLUTION SUPPORTING MEDICAID BENEFITS SUSPENSION LEGISLATION
On this the 20 day of December, 2016, came on for consideration the matter of Resolution Supporting Medicaid Benefits Suspension Legislation. After discussion, Judge Felton made a motion to approve the Resolution and it was seconded by Commissioner Jones. A vote being called for, voting in favor of said motion was Judge Felton, Commissioner Snell, Commissioner Gibson, Commissioner Jones and Commissioner Perry. It is ordered by the Court that said
Resolution be, and the same is hereby, approved by unanimous vote. STATE OF TEXAS RESOLUTION COUNTY OF.McLENNAN *
RESOLTUION ON MEDICAID BENEFITS SUSPENSION LEGISLATION
WHEREAS, the growing number of persons with mental illness being detained in county jails has resulted in profound increases in county jail costs while inadequately serving the health needs of those individuals; and
WHEREAS, this situation has resulted in counties taking new approaches to address the needs of arrested persons with mental illness; and
WHEREAS, many arrested persons with mental illness are participants in the state' s Medicaid program; and
WHEREAS, in Texas Medicaid eligibility is automatically terminated upon an individual' s detention or incarceration in a county jail despite the fact that termination is not required by federal law; and
WHEREAS, upon release, former inmates must re- apply for Medicaid and it can take months for benefits to be restored. Such disruptions in care increase an individual' s risk of recidivism, re- incarceration, and mortality post- release, and ultimately increase costs for counties; and
WHEREAS, swift reinstatement of Medicaid benefits upon release provides for more effective re- entry into the community and promotes the continuity of care for substance abuse disorders, behavioral health issues, and other chronic health conditions; and
WHEREAS, as of December 2014, twelve states had policies to suspend —rather than terminate Medicaid coverage when an individual is incarcerated, and the Federal Centers for Medicare and Medicaid Services has encouraged states to end the practice of terminating benefits; and
WHEREAS, in 2017 the Texas Legislature is expected to consider legislation that will permit, but not require, sheriffs to provide information to the State regarding Medicaid enrollees booked into county jail that will result in suspension, rather than termination; of Medicaid benefits;
NOW THEREFORE, BE IT RESOLVED that the Commissioners Court of McLennan County supports the passage of legislation that will permit, but not require, sheriffs to provide information to the State regarding Medicaid enrollees booked into county jail that will result in suspension rather than termination, of Medicaid benefits and the resumption of benefits upon release
Duly adopted by vote of Commissioners Court of McLennan County, Texas on thi` d ayy/ off December, 2016. ss, 0rr J SCOTT M. FELTON, County Judge
KELL SNELL, Comm. Pct. 1 L S ER GIBSON, Comm. Pct. 2
WI L JO' E`, Comm. Pct. 3 BEN PERRY, C . ct. 4
ATTEST: J; A:" ANDY" HARWELL, County Clerk McLennan County, Texas
BY: Depu. County Cler TEXAS, Conference of Urban Counties Chairman November 14, 2016 Judge Veronica Escobar El Paso County To: Urban Counties Members
Chair Elect From: Windy Johnson, Program Manager Judge Robert Hebert Re: Inmate Benefits Suspension Fort Bend County Attached is a sample. resolution of support for legislation to suspend Immediate Past Chair Commissioner instead of terminate Medicaid coverage when a person is incarcerated.
DentonDenton CountyCounty In the Ppast there has been some oppositionPP from local sheriffs. To address those concerns the language has been amended to reflect Vice-Chairmen upon local option of the Sheriff, personnel operating the county jail can Comm. Tim Brown provide timely information to the State regarding persons booked into Bell County county jail that will result in suspension of benefits, rather than Judge Ed Emmett termination. Harris County Judge Loyd Neal Background: Nueces County In Texas, Medicaid eligibility is automatically terminated upon an Judge Glen Whitley TarrantT County individual' s detention or incarceration in a county jail, but termination is Judge Dan Gattis not required by federal law. Instead, federal law only prohibits the use Williamson County of federal funds for individuals while they are incarcerated, with the Comm. Kevin Bums exception of 24-hour inpatient care. Wise County Offenders frequently enter jail or prison with a substance use disorder Executive Director and/or a mental illness and have high rates of chronic medical Donald Lee conditions and infectious diseases. Care continuity can be especially critical with the treatment of behavioral health conditions. Member Counties Bell- Bexar Upon release, former inmates must submit a new application for Brazoria- Brazos Cameron- Chambers Medicaid enrollment and it can take months for benefits to be restored. Collin- Carnal Such disruptions in care increase an individual's risk of recidivism, re- Dallas- Denton incarceration and mortality post-release and ultimately increase costs Ector El Paso Fort Bendend- Galveston for counties. The Centers for Medicare and Medicaid Services ( CMS) Grayson- Gregg has encouraged states to end this practice. Guadalupe- Hams Hays- Hidalgo As of December 2014, 12 states had a policy to suspend instead of Jefferson- Johnson terminating Medicaid coverage when an individual is incarcerated or Kaufman- Lubbock detained. When a state terminates instead of suspends coverage, it McLennan- Midland Montgomery- Nueces can take months for an individual to be reapproved for Medicaid upon Potter- Randall release from detention. This creates a break in access to needed Rockwall- San Patricio medical, mental health and addiction treatment when inmates reenter Smith- Tarrant Travis- Webb their community, which can impact health outcomes and lead to re Williamson- Wise arrest. Medicaid allows for—and the federal government encourages-
500 West 13" Street continued eligibility for coverage for a person who is incarcerated. Austin, TX 78701 Swift reinstatement of health care benefits upon release provides for more effective re- entry into the community and promotes the continuity Phone: 512. 476.6174 of care for substance abuse disorders, behavioral health issues and Fax: 512.476.5122 other chronic health conditions. www. cuc. org Urban Counties Members November 14, 2016 Page 2 of 2
Support for legislation to provide a mechanism by which certain public assistance benefits can be suspended, rather than terminated, while a person receiving those benefits in a county jail. Support to give local sheriffs the option to participate in a program to notify the Health and Human Services Commission of an individual' s confinement.
Support for HHSC to terminate or suspend an individual's benefit as
appropriate.
Support for HHSC to reinstate benefits for an individual upon release within 48 hours as appropriate. The Urban Counties policy platform already contains support for allowing, optionally, county sheriff's to take action that would result in eligibility suspension rather than termination. It is recommended that urban county commissioners courts adopt the attached resolution and forward it to their legislative delegations.
FILED: DEC 2 0 20ta
t. ivyMacauurnj,BcEu.. Cow*. cwryCtrkTM The Court went to item M. I. Greater Waco Chamber of Commerce: Monthly Economic Development Report, October 2016. ORDER ACCEPTING:
MONTHLY ECONOMIC DEVELOPMENT REPORT, OCTOBER 2016: GREATER WACO CHAMBER OF COMMERCE
On this the 20 day of December, 2016, came on for consideration the matter of Greater Waco Chamber of Commerce: Monthly Economic Development Report, October 2016. After discussion, Commissioner Snell made a motion to approve and it was seconded by Commissioner Gibson. A vote being called for, voting in favor of said motion was Judge Felton, Commissioner Snell, Commissioner Gibson, Commissioner Jones and Commissioner Perry. It is ordered by the Court that said Report be, and the same is hereby, accepted by unanimous vote. v, s rartar R6G GREATER WACO Received • CHAMBER NOV 1 7 2016
McLennan County Judge
November 17, 2016
Judge Scott Felton County Judge McLennan County Waco, Texas
Re: Monthly Economic Development Report October
Dear Judge Felton:
We are attaching a copy of the Chamber's October Economic Development report for you and the Commissioners.
We are encouraged by our work together.
With regar...,
atth eadors President/ CEO Greater Waco Chamber of Commerce
Enclosure cc: Lester Gibson Will Jones Ben Perry Kelly Snell
ACCEPTED BY COMMISSIONERS Cpp,/UU•RT THI ED DAY OF [ VC- 20L
COUNTY JUDGE
101 S. Third St. Waco TX 76701 • P.O. Box 1220 Waco TX 76703- 1220. 254. 752. 6551• fax 254. 752. 6618• WacoChamber.com
This letter is punted on Forest Stewardship Council- certified 100% post•consumer recycled paper that is processed chlorine-free. Economic Development 15 Business Attraction and Expansion Report Report for 10/ 1/ 2016. 10/ 3112016
Completed projectslannouncements, year- to- date .
Compa Imlust Announced Empio mint Sp,Fillnvestmant Morgan Manufacturing . Apr- 16 75 322900 200.00 Polyglass USA Manufacturing Apr- 16 40 145.000 19. 33 Central Tube 8 Bar Manufacturing Apr-16 20 37.000 2.00 Channel Control Merchants, Lit Distribution May-16 116 200,000 1. 05 Lets Gel Manufacturing May- 16 15 0.60 GloPak USA Distribution Jul- 16 0 1. 000
705 000 222. 98 GO• 500 500.000 80.0 96 of GOAL • 53 141'.• In the past 30. days( May, include. multiple visas percbnrp'any) 30 days' YTD , - Goal / of goal
Number of attraction inquiries 8 184 155 119%
Number of proposals and/ or site plan submitted 5 111 120 93%
Number of on-site attraction visits 4 53 50 106%
Number of business retention visits 11 92 100 92%
Number of business assistance requests 22 88 90 98% Number of marketing trips/ corporate real estate events/ trade shows 5 35 50 70% IAMC( Indianapolis. IN), CoreNet Central Texas( Austin), Regional Marketing Trip( San Francisco, CA), TEDC( San Antonio), TexasOne Austin)
Current active attraction projects ( Acres not included in Sq. F. total/ building dilly) - PmledName Induslry7AetiveDiite7Empbyment1111INIMISq.Ftalmestment iMi0) Project Value Manufacturing Feb-12 300 150.000 $ 80.00 Project Mend Healthcare Dec-13 100 74,000 $ 16.60 Project Corrective Distribution Jan- 14 150 125,000 $ 7. 00 Project Therapy Prof. Service Jan- 14 80 25,000 TBD Project Desk Prof. Service Mar- 14 300 30.000 $ 2. 50 Project Subzero Distribution Apr-14 60 145.000 $ 10.00 Project Hercules Manufacturing Jul- 14 100 100,000 TBD Project JJ• Manufacturing Jun- 14 70 150.000 $ 18.00 Project Rao Manufacturing Aug-,14 100 100,000 $ 115. 00 Project Seal Manufacturing Jan- 15 30 100,000 $ 10.00 Project Torch Manufacturing Mar-15 100 35.000 $ 4. 00 Project Dial Prof. Service May-15 300 TBD TBD Project Shelter Manufacturing Jun- 15 50 25.000 TBD Project Angus Manufacturing Sep-15 40 15. 000 $ 1. 50 Project Renew Manufacturing Dec-15 1 TBD $ 1800 Project Golden Chariot Distribution Feb-16 800 1. 000,000 $ 120. 00 Project Telephone Call Prof. Service Mar- 16 100 25.000 $ 2. 00 Project Cover Manufacturing Jun- 16 40 50.000 TBD Project Tone Prof. Service Aug- 16 250 35.000 $ 2. 00 Project Bear Distribution Sep-16 200 500,000 $ 30. 00 Wash Distribution Se• 16 60 50000 $ 4. 00 New active projects( acres not included in Sq. F, lotairouikiing only)-, Project Advantage Manufacturing Oct-16 17 TBD $ 2.00 Project Savor Manufacturing Oct- 16 45 50900 $ 65. 50 Res•• nse Aeros': ce Oct-16 800 63.000 $ 2.00 Current active expansion' projects lacres 1101 includjd in Sq. FL to ii au/dng only) , .-- Project Grille Manufacturing Sep-14 60,000 $ 0.75 Project Inspire Manufacturing Sep- 10 128 100.000 $ 11. 70 Project Steward Prof. Service Aug-11 100 20,000 $ 1. 00 Project Luxury Manufacturing Oct- 11 60.000 TBD Project Foundation Manufacturing Nov-11 15 10,000 $ 11. 50 Project Build Aerospace Jan- 12 1. 000 50.00 Project Dlez Logistics Apr- 12 120.000 TBD Project Lift Aerospace Apr- 12 - 576 90,000 $ 15.00 Project Once Logistics Sep- 12 60 200.000 $ 70.00 Project Ones Manufacturing Mar- 13 25 22,500 $ 1. 30 Project Telescope Manufacturing Dec- 13 15 • 73,000 $ 2. 50 Project Blackhawk Distribution Feb- 14 25 200.000 $ 42. 90 Project Roll Manufacturing May- 14 TBD TBD $ 5.00 Project Element Manufacturing Oct- 14 10 213.000 $ 11. 45 Project Grohl Manufacturing Sep- 14 56 10,000 $ 2. 00 Project Shell Manufacturing Sep- 14 TBD 120.000 $ 18. 00 Project NextGen Aerospace Feb- 15 160 50.000 TBD Project Atlas 5 Manufacturing Jul- 15 28. 00 Barrel Distribution Jun-18 50.000 Closed projects in the. past30 days
Total 253 411955t)OT$fl7S1:211
WMCEDC application submitted WMCEDC funding pledged WMCEDC funding approved 16
Economic Development Business Retention and Expansion On- Site Visits Jan-Dec 2016
No.' , NAME OF FIRM CONTACT/ TITLE INTERVIEWED ' DATE` - TYPE OF BUSINESS ' BY
95 Vossloh Felix Freymann- Plant Lunde, Stevens, 11/ 8/ 16 Manufacturing Manager Zom, Evans 94 Level One Jerry Miller- VP Morris, Zom 11/ 4/ 16 Professional Services? Technologies Business Development 93 Terex Esmerelda Reyes- HR Lunde 11/ 1/ 16 Manufacturing Manager 92 Spenco Medical Collins 10/28/ 16 Manufacturing
91 Tejas Logistics Tom Green- President Lunde, Morris 10/27/ 16 Logistics and CEO 90 Pilgrim' s Wesley Carter- Day Lunde, Zom 10/26/ 16 Manufacturing Shift Manager 89 Packless Phillip Midwood- Vice Lunde, Stevens, 10/24/ 16 Manufacturing Industrues President Zom 88 Nimes Service Gigi Gebhart- Sales Lunde 10/21/ 16 Professional Services Company Development 87 Baylor Scott and David Blackwell- VP Lunde, Stevens, 10/21/ 16 Healthcare White Operations Kinniard Becky Hardie- Chief Nursing Officer 86 Davis Iron Works Joe Ed Williams- Lunde, Stevens, 10/20/ 16 Manufacturing, Logistics Owner Miles Jay Lathem- Owner 85 Mars Dan Braswell- Plant Lunde, Stevens, 10/14/ 16 Manufacturing Manager Kinniard 84 Holt CAT Don Hardwick- Lunde 10/14/ 16 Manufacturing/ Logistics Service Manager 83 Avance Felipe Garza- Lunde 10/11/ 16 Non Profit Executive Director 82 Romark Logistics Amy Collins, Lunde 10/4/ 16 Logistics Randall Bolen- Plant Manager 81 Soladis Elder Tammy Karm- Lunde 9/28/ 16 Healthcare Living Administrator • 80 Imperial Wood Kevin Smith- Vice Lunde 9/23/ 16 Manufacturing/ Logistics Works Inc President 79 Waco Oral Surgery Jennifer Middaugh- Lunde 9/22/ 16 Healthcare Business Administrator 78 Southwest Sports Matt Roher- Lunde, Zom 9/ 22/ 16 Healthcare Medicine Administratior 77 Fuzzy' s Tacos Sandy Shandlin- Lunde 9/ 15/ 16 Retail/ Downtown Franchisee 76 Home Instead J. Brett Rhodes- Lunde, Miles 9/ 13/ 16 Healthcare Senior Care Franchise Owner 75 Nightftight Glenn Iscovetta- Collins, Lunde, 9/ 7/ 16 Aviation Concepts Director of Operations Richter 74 Blue Sky Vonda Larsen- Collins, Lunde, 9/7/ 16 Aviation Helicopter Tours lacovetta- Customer Richter Relations Manager 73 TRANE Greg Groves- Plant Lunde, Stevens 8/30/ 16 Manufacturing Controller 17
72 Care Net Deborah McGregor- Lunde 8/29/ 16 Healthcare Pregnancy Center Executive Director 71 Focus Behavioral Lisa Fuentes- Lunde, Snell 8/25/ 16 Healthcare Associates Executive Director 70 Planned Stephanie Mabry- Lunde 8/23/ 16 Healthcare Parenthood • Director of Development • 69 Allergy and Asthma Jerry Gersbach- Lunde 8/23/ 16 Healthcare Center Administrator 68 Englander Hal Whitaker- Lunde, Meadors, 8/22/ 16 Manufacturing DzignPak President Stevens 67 Kelly's Delight Patrick Linstrom Richter 8/ 19/ 16 Manufacturing
66 Frazier Sports Tracy Saul- President Lunde 8/ 19/ 16 Supply Chain/ Logistics
65 Gross Yowell& Co Bob Gross- Vice Lunde, Stevens, 8/ 18/ 16 Logistics President Fisseler 64 ESCO Industries of Ernie Young- General Lunde 8/ 12/ 16 Manufacturing Texas Manager 63 OTR Wheel Jimmy Yarborough- Lunde 8/4/ 16 Supply Chain Engineering Facility Manager 62 Bethany Home Imini Johnson- Lunde 8/3/ 16 Healthcare Healthcare Administration/ Director Services 61 Space X Alma Walzer- Lunde, Atlas, 8/1/ 16 Aerospace and Aviation Government and Zorn, Stevens Business Affairs 60 Parsons Roofing Laura Velez- Lunde 8/ 1/ 16 Manufacturing Marketing Director 59 BSR Cable Park Laura Velez- Lunde 8/1/ 16 Entertainment Marketing Director 58 KCEN- HD Gayle Kiger- General Lunde 7/ 22/ 16 Media Manager 57 Domtar Personal Greg Linscott- Plant Lunde, Stevens, 7/ 20/ 16 Manufacturing Care Account Manager Zorn 56 Darden Building Ross Darden- Owner Lunde, Stevens 7/ 18/ 16 Supply Chain Materials 55 Clarke Products Terry Harris Lunde, Stevens, 7/ 15/ 16 Manufacturing Zorn 54 True Blue Inc Connie Menchaca- Lunde, Snell 7/ 14/ 16 Staffing Agency Manager 53 The Exchange Bryan Ed- Distribution Lunde, Stevens, 7/ 12/ 16 Logistics AAFES Center Manger Zorn 52 Blue Bell Langston Hengst- Lunde, Meadors, 7/6/ 16 Logistics Creameries Branch Manager Stevens 51 Cargill Turkey and Leon Fletcher- Lunde, Meadors, 6/29/ 16 Manufacturing Cooked Meats General Manager Stevens, Zorn 50 L- 3 Platform Joel Cross- VP- Lunde, Meadors, 6/27/ 16 Aviation Aerospace Integration Operations, Patrick Stevens, Zorn, Penland- VP Fisseler Transport Programs, Russ Fatum- VP Labor Relations 49 Time Warner Cable Dina Marinez- Account Lunde 6/24/ 16 Professional Services Executive 48 Texas Life Steve Cates- Lunde, Barefield 6/23/ 16 Professional Services Insurance President/CEO 47 American Airlines Sue Holgersson- Lunde 6/23/ 16 Aviation/ Transportation General Manager 46 KWKT Chris Pruitt- General Collins, Lunde, 6/20/ 16 Professional Services Manager& Vice Martinez President 18
45 Profiles Jeff Sugerman- Collins 6/ 16/ 16 HEADQUARTER VISIT International Executive Vice President 44 PALS Home Health Sunny Deeds, VP; Lunde 6/ 16/ 16 Healthcare Tyler Martin- Chief Financial Officer; Natasha James- President 43 Behlen Country Kevin Foss- Plant Lunde, Stevens, 6/8/ 16 Manufacturing Manager Smith 42 Balcones Distilling Keith Bellinger- Lunde, Deaver, 6/ 3/ 16 Manufacturing President Stevens, Zom, Fisseler 41 Management Jimmy Miller- Partner Lunde, Meek 5/23/ 16 Professional Services Service for Doctors 40 Texas Energy T.J. Ermoian- Lunde 5/20/ 16 Professional Services Aggregates President 39 SC2 Inc Mike McGinty- Facility Lunde, Zom, 5/ 19/ 16 Logistics Manager Stevens 38 Yusen Logistics Theresa Jordan- Lunde 5/ 10/ 16 Logistics Manager Operations Senior 37 Green Fiber Dennis Moran- Plant Lunde 5/5/ 16 Manufacturing Manager 36 The Wallace Group Bob Wallace- Lunde, Moms 5/ 5/ 16 Professional Services President 35 DuPuy Oxygen 8 Virginia DuPuy- Lunde, Zorn, 5/4/ 16 Professional Services Supply President Stevens, Kinnaird, Fisseler 34 Boulder Designs Butch Mogavero- Lunde 5/4/ 16 Professional Services Owner 33 Marathon Norco Sergio Rodriguez- Lunde, Zom 5/2/ 16 Aerospace President 32 Scholastic Book Kelly Marriman- Lunde, Snell 4/28/ 16 Professional Services Fairs Regional Sales Manager 31 Con Way Freight Jeff Smith- GM Lunde, Snell 4/27/ 16 Supply Chain Management- Logistics 30 Blackhawk Lynnette Allmon- Vice Lunde 4/27/ 16 Aviation- Engine Modifications President Modifications 29 Providence Brett Esrock- Lunde, Zorn, ' 4/ 18/ 16 Healthcare Healthcare President/CEO Stevens, Kinnaird Network 28 T Squared Bart Townsend- Collins, Lunde, 4/ 18/ 16 Aviation— Precision Metal Owner Stevens 27 Dart Aircraft Kurt Muellner- General Lunde, Stevens 4/ 14/ 16 Aviation— Aircraft Parts Manager Distribution 26 Integ David Anderton— Collins 4/ 12/ 16 Professional Services— CEO Multi-marketing Services 25 Romark Logistics Randal Bolen- Asst. Lunde, Stevens, 4/ 12/ 16 Supply Chain General Manager Zom Management- Logistics 24 KXXV- TV Mike Lee- Vice Lunde 3/31/ 16 Media President 23 Metals 2 Go Jay Lathem-Owner Lunde, Zom, 3/30/ 16 Supply Chain Stevens Management- Metal Wholesaler 22 S2G Support Allaire Clarke- Site Lunde, Zom, 3/28/16 Professional Services- Services Director Stevens, Snell Technical Support 21 Coca-Cola Ted Ghiz Collins 3/29/16 HEADQUARTERS VISIT
20 McLenco LTD Ralph Oltman- Partner Lunde, Zorn, 3/ 21/ 16 Professional Services- Stevens Construction 19
19 M. Lipsitz and Melvin Lipsitz- Lunde, Duncan, 3/ 17/ 16 Recycling Center Company President Zom, Stevens 18 KWTX-TV New Mike Wright- General Lunde, Snell 3/ 16/ 16 Media Channel 10 Manager 17 July Business Jim Hudson- President Lunde 3/ 14/ 16 Professional Services— Services Employee Investment Services 16 West End Roofing Ralph Aguinaya- Lunde 3/11/ 16 Supply Chain Manager Management- Distribution 15 Matheson Gas Foy Light- Branch Lunde 3/9/16 Supply Chain Manager Management- Wholesale 14 Magnolia Ken Mathis- CFO Lunde, Collins 3/9/ 16 Supply Chain Management& Retail 13 Winton Jim Winton- President Lunde 2/ 22/ 16 Professional Services- Engineering Engineering
12 RBDR, PLLC Keith Bailey- Partner Lunde 2/ 18/ 16 Professional Services— Architectural Design
11 Capital Marketing Heyward Taylor- Lunde 2/ 17/ 16 Professional Services Corporation Owner 10 Hole in the Roof Joel Peel- President Lunde, Cockrell 2/ 15/ 16 Professional Services— Marketing Marketing 9 Innovation Randy Robertson- Lunde, Stevens 2/ 15/ 16 Professional Services— Marketing and CEO Marketing Communications 8 Web Smart by JR3 Bob Clemons- Partner Lunde, Zom 2/ 12/ 16 Professional Services— Education Web Services
7 Capstone Rick Tullis- President Lunde, Stevens, 2/ 12/ 16 Plumbing/ HVAC Mechanical . • Zorn, Kinnaird 6 Brazos Higher Murray Watson- Lunde, Stevens, 1/ 28/ 16 Professional Services— Education Services President Zorn, Snell Student Loan Servicing 5 Simple Bills Mike Jones- COO Lunde, Stevens, 1/ 28/ 16 Professional Services- Zorn Financial 4 EH Anderson Liz Anderson- Owner Lunde, Stevens 1/ 27/ 16 Professional Services— Public Affairs Public Relations 3 Brazos Joy McNamara- COO Lunde, Zorn, 1/ 26/ 16 Professional Services- Environmental Snell Engineering Engineering 2 Central Freight Todd Militzer- COO Lunde, Fisseler, 1/ 25/ 16 Supply Chain Lines Inc. Zorn, Snell Management- Transportation& Logistics 1 Dunnam and Jim Dunnam- Attorney Lunde, Stevens, 1/ 21/ 16 Professional Services- Dunnam LLP at Law Zorn Legal Services GREATER WACO CHAMBER OF COMMERCE ECONOMIC DEVELOPMENT COMMITTEE SUPPLEMENTAL SCHEDULES - OPERATING & ADMINISTRATIVE EXPENSES FOR THE MONTH AND NINE MONTHS ENDED SEPTEMBER 30, 2016 & 2015
2016 2015 Total YTD VAR Budget Month YTD Month YTD PAV( UNPAV)
OPERATING EXPENSES Automobile 12, 000 $ 1, 220 $ 8, 862 75 8, 108 754) Bookkeeping and audit 18, 000 882 14, 670 83 14, 623 47) Building maintenance & supply 28, 000 2, 503 17, 047 96 16, 602 445) Depreciation 1, 600 151 1, 357 12 1, 146 211) Equipment maintenance & supply 1, 200 0 572 523 49) Equipment rental 10, 500 368 6, 908 87 7, 556 648 Insurance 28, 000 0 20, 347 25 17, 464 2, 883) Interest 0 0 0 0 0
Office supplies 2, 500 75 2, 407 26 1, 729 678) Postage 1, 500 13 473 1 501 28 Printing & stationery 1, 500 112 562 1, 115 553 Public Improvement District Taxes 1, 500 0 1, 455 0 1, 455)
Rent expense 0 0 0 0 0
Resource materials 500 0 0 48 48 Security 0 0 226 465 239 Technology support 8, 000 397 3, 922 16 4, 724 802 Telephone 10, 000 63 8, 265 85 8, 149 116) Utilities 22, 000 1, 750 13, 721 1, 60 15, 677 1, 956
Miscellaneous expense 0 0 0 0 0
TOTAL OPERATING EXPENSES 146, 800 $ 7, 534 $ 100, 794 6, 71 $ 98, 430 2, 364)
ADMINISTRATIVE EXPENSES
Bank charges 500 0 0 0 0 0
Bank card fees 0 0 0 0 0 0
Civic & social organizations 500 0 0 0 0 0 Group insurance 44, 000 289 20, 418 1, 826 16, 697 3, 771) Management development 2, 500 2, 899 4, 912 0 4, 023 889)
Professional affiliations 1, 000 0 790 1, 055 2, 065 1, 275
Professional services 0 0 0 397 397 397
Public relations & goodwill 3, 000 26 1, 557 0 3, 021 1, 464 Exec. search & relocation 0 0 0 0 0 0
Wages, P/ R taxes'& retirement 520, 000 40, 57$ 382, 292 34, 395 314, 423 67, 869)
TOTAL ADMINISTRATIVE EXPENSES 571, 500 $ 43, 789 $ 409, 969 37, 673 $ 340, 576 69, 393)
See independent accountant' s compilation report. G RATER WACO CHAMBER OP Cm00 RCE ECOMGfIC DEVELOPMENT COYHSTTHB SUPPLEMmi'TAL SCHEDULES - STATENENTS OP OPERATIONS FOR THE SIRE IRPPMB ENDED SEPTEMBER 30, 2016 A 2015
2016 2015 Total Budg Budget Revenues Expenses Net t Revenues Expanses Net
SUPPORT a OTHER REVENUE Baylor University 625, 00 0 60 0 $ 25. 000 825, 000 city of Waco 136, 50 79, 625 79, 625 58 84. 604 84. 604 Downtown Development Corp 0 0 -- 25. 750 25, 750 McLennan County 125. 00 125, 000 -- 125. 000 100 125, 000 125, 000 Waco Industrial Foundation 130. 00 130. 000 -- 130. 000 100 97, 500 97, 500 Other Communities 0 -- 0 -- 0 -- 0 Interest Income 43 43 -- 44 44 Other 0 -- 0 -- 50 50
TOTAL REVENUE 416, 50 334, 668 -- 324. 668 357. 948 157. 948
PROGRAM EXPENSE ( REVENUE)
PROSPECT DEVEIOPiENTT Conference Regis. a Travel 25, 000 15. 599 15. 599 62 22, 962 22, 962 Foreign Trade Zone 26, 600) 0 0 0 251 251 Headquarters visit 2. 500 0 0 0 0 0 Industry Meetings a Travel 7, 500 4. 815 4, 815 64 5. 130 5. 130 Prospect Develop. a Travel 17, 000 8, 32 13, 895 5. 567 33 0. 58 23. 844 15, 259 Regional Prospect Development 4. 300 2. 333 2. 333 54 2, 147 2. 147 Target Ind. Trade Shows a Travel 20. 000 24, 276 24, 276 121 7, 87 24, 996 17. 120 Team Tens Marketing 8. 500 4, 014 4. 014 47 8, 733 8, 733 Texas One 22, 500 6, 529 6, 529 29 13, 855 13, 855
TOTAL PROSPECT DEVELOPING?). 80, 700 0, 32 71, 461 63, 133 16. 46 101, 926 85, 465
RESEARCH a MARRETINo Marketing 45. 628 2, 000 27, 044 25, 044 52 33, 000 86, 986 53. 986 Technology Upgrades 10, 475 16. 000 19. 000 3, 000 29 16. 175 19. 000 2. 825 Research Materials 7, 520 1. 000 3. 272 2, 272 30 500 8. 322 7. 822 Strategic Initiatives 40, 000 0 SS 85 0 0 1. 996 1, 996
TOTAL RESEARCH a MARKETING 106, 623 19. 000 49. 401 30. 401 49, 675 116. 304 66. 629
PROGRAMAdvanced Manufacturing Alliance 250) 0 0 0 Aviation/ Aerospace Alliance 300) 1, 06 1, 06 0 0 1, 20 59 607) Freedom Ball 26, 500) 5. 60 5. 19 401) 2 75. 59 28. 25 ( 47. 340) Fun Run 0 4. 00 4. 000) -- 0 Aviation Alliance Scholarship Fund 22, 500 13, 48 14, 13 654 3 13. 00 14, 00 1, 000 Comittee Operations 500 64 647 129 5 55 Business Retention/ Ind Appreciation 19, 500) 2. 50 7. 75 5, 257 ( 55) 10, 84 15. 21 4, 369 Global Business Connections 400 0 0 0 Technology Briefings 2. 450) 2. 16 4 ( 2. 118) 86 4. 77 4 ( 4, 732) Urban Development 0 4. 80 4, 27 525) - 3. 80 6, 09 2. 293 Entrepreneurship 0 54 544 -- 0 Business Incubator ( thIEX Space) 14, 000 2, 81 13. 75 10, 941 78 10, 10 15. 05 4, 958 Downtown Map 2, 000 0 0 0 Great Cities 125) 0 0 0 Hour Economy 2, 500) 1. 56 1. 06 505) 20 7, 49 8 17, 406) Arts Alliance 0 0 -- 0 Texas Small Business Forum 0 0 -- 0 Area Industry Managers Otrly Lunch 0 41 413 - 2. 00 36 ( 1, 634)
TOTAL PROGRAMS 2. 225) 37. 98 48. 89 10, 907 128. 50 79. 75 ( 49, 044)
LEADERSHIP DEVELOPMENT Leadership Waco - Alumni 0 50 62 12 -- 0 0 0 Leadership Waco - Class 15, 400) 27, 700 11, 896 ( 15. 804) 103 0 0 0 Teen Leadership 12. 550) 16. 450 4. 122 ( 12, 328) 98 0 0 0 Young Professionals 8. 450) 3. 801 3. 801 0 0 0 0 0
TOTAL LEADERSHIP EMELOMEIM 36, 400) 48, 001 19, 881 ( 28. 120) 0 0 0
WORKFORCE a EDUCATION Career Expo 4, 100) 3, 950 550 ( 3. 400) 83 Workforce Development / Internship 1. 000 1. 650 2, 058 408 41 Talent Development 4. 982) 617 616 1) 0 Leadership in Education a Dew. 10, 075) 14, 752 14, 752 0 0 work in Waco 3, 450) 11. 290 4, 446 ( 6, 844) 198 Waco Collegiate Forum 2. 400) 4, 000 44 ( 3. 956) 165 CD Committee Operating 0 0 0 0 - Ares Festival 1. 000 0 D 0 0
TOTAL WOW.FORCE a EDUCATION 23. 007) 36, 259 22, 466 ( 13, 793) 6
TOTAL PROGRAM ( ENVENUE) EXPRESS 125, 691 149, 577 212, 105 62, 528 194, 93 297, 986 103, 05
EXCRB ( EXPENSE) REVENUE BEFORE OPERATING AND ADMIN. EXPENSES 290. 909 484, 245 ( 212, 105) _ 272, 140 552, 884 ( 297, 986) 254. 898
OPERATING EXPENSES 146. 800 -- 100. 794 100. 794 69 98. 430 98. 430
ADMINISTRATIVE EXPENSES 571, 500 409, 969 409, 969 72 340, 576 340, 576
TOTAL EXCESS ( EXPENSE) REVENUE 427, 491) 0484, 245 ( 8722. 868) ( 8238, 623) -- 8b52. 884 ($ 736. 992) ($ 184, 108)
See independent accountant' s compilation report. 4
Minutes Board of Directors Meeting Greater Waco Chamber of Commerce Wednesday, October 12, 2016
Greater Waco Chamber ofCommerce 101 S. Third Street, Cooper Room
1) Call to Order Chairman Tate Christensen called the meeting to order at 9:06 a. m.
2) Welcome Mr. Christensen greeted everyone and thanked them for meeting earlier than the usual time.
3) Consent Agenda( Action) a) Minutes: Mr. Christensen reviewed the minutes of the September 14, 2016 board meeting. b) Membership Report: Mr. Christensen asked the board to review the membership report which indicates 11 new member accounts. Total of member dollars received through September, 2016 is 744,876 compared to the same time period 2015 total of$692, 183. c) Financial Report: Mr. Christensen reviewed the financials through July 31, 2015: August 31, 2016 Statement of Net Assets Revenue: Total revenue is up$ 60,285 over 2015. Expenses: Total expenses are down by$ 39, 346 over 2015 due to the timing of payment of expenses for various programs Net Excess Revenue over Expenses YTD $118, 319 The Consent Agenda was approved on a motion by Mr. Roye and Ms. Hookham. The board unanimously agreed to the consent agenda.
4) Officer Nominating Committee Report Mr. Glenn Robinson, Chairman of the Officers Nominating Committee, presented the new slate of officers for 2017- Mr. Mark Reynolds— Chair, Mr. Hal Whitaker—Chair-Elect, Mr. Alfred Solano— Vice Chair, and Ms. Loren Schwartz— Vice Chair, Mr. Tate Christensen— Past Chair. This report came as a motion from the Executive Committee and was seconded by Mr. Bland. The board unanimously approved.
5) President' s Report President Meadors announced that the Directors Nominating Committee has a list of nominations that will be sent out to the membership next week. The 2017 operating budget is being compiled and should be ready to present to the Board next month. Mr. Meadors commented on the value of attending the Intercity Visit to Nashville and the CEO for Cities conference in Columbus. He also mentioned how appreciative Governor Abbott was of the State of the State luncheon and the opportunity to speak with the people in Waco.
a) Economic Development Report Kris Collins reported that this has been a phenomenal year with very good projects. There were 2 new projects this month making a total of 39 projects in the pipeline. These projects represent 5, 421 potential jobs, 4. 1 MM SF of real estate and more than$ 712 million in capital investment. Six project announcements totaling 266 new jobs, 705, 000 square feet of new or absorbed space, and nearly$ 223 million in capital investment. There were 8 business retention visits made, totaling 81 for the year, very close to the goal of 100 visits in 2016. 5
Minutes Board of Directors Meeting Greater Waco Chamber of Commerce Wednesday, October 12, 2016 Page 2
Ms. Collins also brought it to the Board' s attention the importance of completing the American Community Survey should you receive it. The participants are selected at random by the U. S. Census Bureau. It is important that the survey be completed because the information is used to determine placement of$400B in federal funding allocations and is critical to data used in economic development efforts.
b) Public Policy Report Jessica Attas updated the board on the challenge to the Department of Labor Overtime Regulation led by the U. S. Chamber ofCommerce along with the Texas Association of Business, and other national and Texas business groups. This coalition is alleging that the Department of Labor exceeded their statutory authority in making this ruling. However, the regulation will go into effect December 1, 2016.
Ms. Attas also discussed the Department of Labor Fiduciary Rule which covers 401( k)s, IRAs, and HSAs. The effective date is April 10, 2017.
Ms. Attas reminded everyone about the State of the Nation luncheon being held today at the Baylor Club.
c) Organizational Development Report: Ms. Linda Beasley announced the dates of Leadership Planning Retreat on November 28& 29. Details will be forthcoming. She also directed the Board' s attention to the events listed on page 2 of the packet, emphasizing the Tip- off Lunch on October 19, Access to Members- 25ih Anniversary Celebration at Pendley Party Productions October, 20, Tech Business Briefing on October 27, and Business After Hours at Bear Mountain October 27.
8) Strategic Plan Discussion— Engage, Influence& Impact Mr. Christensen led a discussion about the business incubator( formerly known as thlncSpace). He told the history and how it came about through collaboration with business partners. It is important to keep it up to date and current with what inspires the young entrepreneurs in our city, to keep them in our city. Several commented on the Nashville Entrepreneurial Center which they toured on the recent Intercity Visit. The Incubation Station in Austin, Texas was also mentioned as a good model. To keep our incubator" hip and cool" will require new ideas and equity partners, perhaps private as well as public funding. A task force will be implemented to bring these ideas together.
9) Closing Business and Chair' s Comments Mr. Christensen finalized the meeting by saying Waco is a" town on fire." Collaborate— Be a Team!
10) Adjournment With no further business, the meeting was adjourned at 10: 10 a.m.
Respect I Ily s iy atth- •• . eadors President& CEO Committee Attendance Sheet Meeting Date 2016 Board of Directors I I / Ie / ) b
ATTENDED COMMITTEE MEMBER REPRESENTING YES NO EXCUSED
Ashley Allison Waco Foundation 13 David Anderton Integ Printing
Brian Aynesworth Southwestern Commercial Properties, L. L. C.
fer Michael Baldwin . Oncor Electric Delivery Scott Bland Jim Bland Construction, LLC I Tate Christensen Barsh Company V Kyle Citrano George's Restaurant & Bar # 2
Elf f r Bill Davenport H- E- B i3-' Wn Tommye Lou Davis Baylor University
John Deaver Deaver and Deaver r
Lauren Dreyer SpaceX
Penny Dulock First Title Company of Waco, LLC
Cary DuPuy DuPuy Oxygen & Supply Co., Inc. IV
1P Brett Esrock Providence Healthcare Network
Will Fair Home Abstract & Title Co.
Tom Greene Tejas Logistics System
Greg Groves Trane
Jim Holmes Holmes Advisory Services Bernadette Hookham RBDR, PLLC Wc Kary Lalani Homewood Suites by Hilton- Lalani Lodging, Inc.
Ryan Lindsey Oldcastle Materials, Inc.
Vicki Mason American Guaranty Title
ge Aaron McMillan 1519 Surveying, LLC James Nelson Community Bank & Trust V Joseph Nesbitt Central National Bank
Colin O' Neill Fulbright Winniford, A Professional Corporation y i Bob Otis National Lloyds Insurance Company II"
Weldon Ratliff Martin Marietta Materials
November 09, 2016 Powered by WebLinkCONNECT Page 1 ATTENDED COMMITTEE MEMBER REPRESENTING YES NO EXCUSED
Mark Reynolds Extraco Banks Ji
Glenn Robinson Baylor Scott & White Medical Center - Hillcrest
Jake Roye Chick-fil- A on Franklin Avenue and Chick- fil- A at Richlar Loren Schwartz Merrill Lynch Wealth Management E Alfred Solario Texas Document Solutions
Jon W. Spelman Jon W. Spelman Company it Ford Taylor Wm. Taylor & Co. LW'
Ted Teague Allen Samuels Dodge Chrysler Jeep Ram David Tekell Tekell & Atkins, L. L. P. g Rick Tullis Capstone Mechanical In
Shane Turner Kunkel Construction, Inc.
John Vizner Caterpillar Work Tools
Gary Vogel Vogel Financial Group UUU////TTT`
Enid Wade Baylor Scott & White Medical Center - Hillcrest gi
Jed Walker Walker Partners
Hal Whitaker Englander DzignPak, LLC P
November 09, 2016 Powered by WebLinkcO1wNECT Page 2 Committee Attendance Sheet Meeting Date
Ex- Officio Directors to the Board
ATTENDED COMMITTEE MEMBER REPRESENTING YES NO EXCUSED
Laura Beaty Greater Hewitt Chamber of Commerce
John Bible New York Life Insurance - John Bible
Senator Brian Birdwell Senator Brian Birdwell
Bill Brock Front Gate Properties
Bonny Cain Waco Independent School District
Ian Dawson Success Motivation International ld
Kyle Deaver City of Waco
Gale Edwards Faith Covenant Services
Emily Embry Baylor Scott & White Medical Center - Hiilcrest 11V-0 Scott Felton McLennan County EfiiirY
Dale Fisseler City of Waco
Regina Garcia Incommons Bank
David Garland Baylor University D Wayne Gartman The National Banks of Central Texas
Bruce Gietzen Waco Independent School District 12
David Greenup Lorena Chamber of Commerce
Michelle Hicks City of Lacy- Lakeview
Adam Hutchison Texas State Technical College in Waco V George Kazanas . Midway Independent School District
John Kocian West Chamber of Commerce
Jim Lambert American Bank
0 Johnette McKown McLennan Community College rim 1 c,JCi'QrS( 1V` V Jose Neira Italian Granite 12f
David Pareya West Furniture & Appliance, Inc.
Kyle Paschall Paschall, Skipper & Associates
Rashmi Patel Holiday Inn Waco Northwest
Everett Phipps Insurors Indemnity Companies
Justin Redmon Redco Industrial Services
November 09, 2016 Powered by WebLinkCONNECT Page 1 ATTENDED COMMITTEE MEMBER REPRESENTING YES NO EXCUSED
Brian Remson Ferguson- Davis Wealth Management Group
Dave Ridley American Bank
Joe Rodriguez Cen- Tex Hispanic Chamber of Commerce
Barbara Seitz Greater Lacy Lakeview Chamber of Commerce
Andrew Smith McGregor Chamber of Commerce g
Jon Mark Smith McGregor Chamber of Commerce
John Sneed Sneed Insurance Agency ( Germania)
Michael J. Sullivan TMI - Texas Machine- Tool International, LLC
John Taverner Center Street Antiques
Josh Tetens Simer & Tetens, Attorney's at Law
Linda Vaughn Robinson Chamber of Commerce 13p°a
Michael Vrana
Jennifer Wells-Thomason Texas Farm Bureau & Affiliated Companies
Morgan Whiteley Fidelity Bank. of Texas
Rob Wolaver Texas State Technical College in Waco
November 09, 2016 Powered by WebLinkCONNECT Page 2 Committee Attendance Sheet Meeting Date Past Chairs of the Board
ATTENDED COMMITTEE MEMBER REPRESENTING YES NO EXCUSED
Wes Bailey Bailey Insurance & Risk Management, Inc.
Rick Brophy Beard Kultgen Brophy Bostwick & Dickson, LLP William Clifton The Clifton Group
Bob Davis BRD Management, Inc.
Virginia DuPuy DuPuy Oxygen & Supply Co., Inc.
Louis Englander Englander DzignPak, LLC
Roland Goertz Family Health Center
Jim Haller First National Bank of Central Texas
James Hawkins AMC Financial Holdings, Inc.
David Homer Brazos Higher Education Service Corporation
Monte Hulse First National Bank of Central Texas
Larry Jaynes Fashion Glass & Mirror, LLC
Kent Keahey Providence Healthcare Network
Stewart Kelly Kelly, Realtors
David Lacy Community Bank & Trust
Wilton Lanning Dr Pepper Museum and Free Enterprise Institute
Johnny Mankin TWC Business Class
Donald Moes Stableride Manufacturing Company
William Nesbitt Central National Bank
Lyndon Olson Lyndon Olson
Ed Page H- E- B
G. Michael Reitmeier Jaynes, Reitmeier, Boyd & Therrell, P. C.
Glenn Robinson Baylor Scott & White Medical Center - Hillcrest
Tom Salome M. Lipsitz & Co.
Stevens 1 Terry First Title Company of Waco, LLC 0 0 Elfhlir, Willard Still American Bank
November 09, 2016 Powered by WebLinkCOwNECT Page 1 14 FILED: DEC 2 0 2MS..
J A' ARONHARWELL.CoutlyCCak MCLennanCOUrtry. Tmas By f1Yr* mfowen fEpUry The Court went back to item E. Consent Agenda. AGENDA: DECEMBER 20, 2016
E. CONSENT AGENDA:
I. Approval of Minutes of Prior Meeting(s) Recording into the Court Minutes of Previously Approved Documents; Recordation of Item Not Requiring Court Action
Approved a. Recording of Reauthorization of Business Associate Agreement: McLennan Community College
b. Recording of Texas Historical Commission Historic Buildings and Approved Structures Permit# 834, Texas County Courthouse Squares, Install Recast Chisholm Trail Markers on Courthouse Grounds, McLennan County, Texas
documents: Approved c. Recording of Administrative Services Agreement and related Scott & White Health Plan
2. Financial Obligations of McLennan County:
Approved a. Authorization for County Treasurer to Pay County Checks/ Wire/ Electronic Transfers Issued Since the Last Authorization
3. Human Resources/ Salary Matters( Payroll Status Forms or Changes):
Pulled a. County Engineer: Discussion and/ or Action regarding Replacement of County Engineer including, but not limited to, Replacement Process; Review/Action on Resumes/ Applications; and related authorizations
as necessary
b. County Court @ Law: Discussion and/ or Action on Appointment of Judge Pulled including, but not limited to, Appointment Process, Review/Action on Resumes/ Applications, Acceptance of Bond/ Oath Documents, related
authorizations as necessary
4. Authorization/ Ratification of RFP' s, and Bids Advertisements; None Publications; Public/ Legal Notices
5. Travel and Education Requests:
a. Spaceport Development Corporation Approved
6. Recording of Educational Certificates; Recording of Department Head Affidavits; Acceptance or Approval of Official Bonds, Conflict Statements, or Other Such Items Required to be Submitted to the Court by Public Officials:
a. County Treasurer: Recording of McLennan County Investment Approved Reports, November 2016
b. Tax Assessor/Collector: Recording of Detailed Deposit Distribution Approved Report, November 2016
7. Burn Ban Approval, Extension, or Termination Remains Lifted
8. Acceptance of Bond/ Oath Documents for Various Elected and/ or None Appointed County Officials, related authorizations as necessary
CD-416, 9: 16 ORDER APPROVING CONSENT AGENDA ITEMS
On this 20 day of December, 2016, came on for consideration the matter of reviewing and approving the Consent Agenda Items. Judge Felton stated that we need to pull items E. 3. a. and E. 3. b. Commissioner
Perry made a motion to approve ( the consent agenda items with the exemption of E. 3. a. and E. 3. b.) and it was seconded by Commissioner Jones. A vote being called for, voting in favor of said motion was Judge Felton, Commissioner Snell, Commissioner Gibson, Commissioner Jones and Commissioner Perry. It is ordered by the Court that said Consent Agenda Items be, and the same are hereby, approved by unanimous vote. Recording of Reauthorization of Business Associate Agreement: McLennan Community College approved by order on November 15, 2016 and recorded on Page 129 of these minutes.
Recelyid DEC 1 3 2016 McLennan County Judos
COMMISSIONERS COURT ( A « D BY cap et9 (', A MAL TNI' ,--\ DAYO' /.
ii
Is • . re REAUTHORIZATION OF BUSINESS ASSOCIATE AGREEMENT: MCLENNAN COMMUNITY COLLEGE
WHEREAS,on February 23, 2012, McLennan County and McLennan Community College( hereinafter " Business Associate'), entered into a Business Associate Agreement; and
WHEREAS, that Agreement, a copy of which is attached hereto as " Exhibit A", is made a part hereof and incorporated herein by reference, and
WHEREAS, both parties wish to continue the Agreement under the Terms listed in Section 7 of the Agreement as it applies to the current contract for a Clinical Training Program at the Highway 6 Jail and any amendments thereof;
NOW, THEREFORE,ITISAGREED THATtheBusiness Associate Agreement: McLennan Community College is hereby re-authorized and continued, under the same terms and conditions, with the following County contact information updated in Section 9: Scott M. Felton, County Judge 501 Washington Ave., Rm214 Waco, TX 76701
Lisa Fetsch 500 Columbus Ave. Waco, TX 76701
MCLENNAN COUNTY, TEXAS
By: 71642. I) / 1SAP SCOTT M. FELTON, County Judge Date
BUSINESS ASSOCIATE:
McLennan County Junior County College District
By:
Print Name: Donald C. Balmos, DMA
Title: Vice President, Instruction'
Date: J az Pos Ii cv
20161 PILED: DEC 2 0 i.A ANDrHARwai.County t13
9v t^M xtcmGmmrt ear Caxuy. DEPUNTexas TEXAS HISTORICAL COMMISSION real places telling real stories
Wed Wednesday, December 07, 2016 DEC i 2 21) 16
Betsy Pittman Texas Department of Transportation 100 S. Loop Drive Waco, TX 76703
RE: Historic Buildings and Structures Permit# 834, Texas County Courthouse Squares, Install Recast Chisholm Trail Markers on Courthouse Grounds, McLennan County, Texas Dear Betsy Pittman,
Attached is Historic Buildings and Structures Permit# 834D, which was issued for New Construction work at the above- referenced State Antiquities Landmark on 11/ 1/ 2016, and will expire on 11/ 1/ 2017.
Upon completion of the project, please submit a completion report and any other reports or records that may have been indicated in your permit to the Division of Architecture, Texas Historical Commission, P.O. Box 12276, Austin, TX 78711- 2276.
Please contact Elizabeth Brummett at (512) 463-6094 if you have any questions regarding this permit.
Sincerely,
i,
Whitney Ba ers Program Specialist Division of Architecture Texas Historical Commission cc: The Honorable Scott Felton, McLennan County Judge
ACCEPTED BY COMMISSIONERS COURT ' S THIS F++ DAY F. Sy O
COON'OT J
GREG ABBOTT, GOVERNOR • JOHN L. NAU, III, CHAIR • MARK WOLFE, EXECUTIVE DIRECTOR
P. O. BOX 12276 • AUSTIN, TEXAS• 78711- 2276• P 512. 463. 6100• F 512. 475. 4872 • www. thc. state. tx. us TEXAS HISTORICAL COMMISSION
ANTIQUITIES PERMIT: HISTORIC BUILDINGS AND STRUCTURES Permit #HS 834 D
This permit is issued by the Texas Historical Commission, hereinafter referred to as the Commission, represented herein by and through its duly authorized and empowered representative. Under authority of the Texas Natural Resources Code, Title 9, Chapter 191, and subject to the conditions hereinafter set forth, this permit is granted for.
New Construction
To be performed on a designated State Antiquities Landmark known as:
McLennan County Courthouse Chisholm Trail Marker Installation 501 Washington Ave. Waco, McLennan County
Owned or controlled by ( hereinafter known as the Permittee):
The Honorable Scott Felton County Judge McLennan County 501 Washington Ave. Waco, TX 76701
The architect, engineer, or contractor representing the Permittee is: Betsy Pittman, Waco Landscape Architect, and Renee Benn, Historic Preservation Specialist Texas Department of Transportation 125 E. 11th St. Austin, TX 78701
This permit will be in effect for a period of:
1 Year
And will expire on:
November 1, 2017
Work under this permit shall consist of:
Installation of recast Chisholm Trail marker on the Waco County Courthouse grounds in accordance with the information provided on October 3, 2016. TxDOT may generate a single completion report for all permits numbered HS 834.
Antiquities Permit: Historic Buildings And Structures 1 of 2 This permit is granted on the following terms and conditions:
1) The Secretary of the Interior' s Standards for the Treatment of Historic Properties ( 1995 and subsequent revisions) have been adopted by the Commission and shall serve as guidelines for appropriateness of all activities carried out under this permit.
2) This project must be carried out in accordance with the project application approved by the Commission or their duly authorized and empowered representative. Any proposed deviation from the project application must receive the approval of the Commission prior to implementation.
3) If the Permittee fails to comply with any of the Commission' s Rules of Practice and Procedure Texas Administrative Code, Title 13, Chapter 26) or with any of the specific terms of this permit, or fails to properly conduct or complete this project within the allotted time, the Commission may place the permit on hold or cancel the permit. In the case of ongoing projects, work must cease immediately. The Commission will notify the Permittee of such hold or cancellation by certified mail, return receipt requested. Upon notification of cancellation, the Permittee, project sponsor, project architect or engineer, and professional firm shall remove all construction personnel and equipment from the area or site within 24 hours. A permit, which has been canceled, can be reinstated by the Commission if good cause is shown within thirty (30) days.
4) The Permittee, Architect, or anyone else under contract to the Permittee in the conduct of the activities hereby authorized, must comply with all laws, ordinances, and regulations of the State of Texas and of its political subdivisions including, but not limited to, the Antiquities Code of Texas.
5) Any duly authorized and empowered representative of the Commission may, at any time, visit the site and examine the permit, construction documents, and work.
6) This permit may not be assigned by the Permittee in whole or in part to any other individual, organization, institution, or corporation.
7) The Permittee shall have a copy of this permit available at the site of the project during all working hours. 8) Hold Harmless: The Permittee hereby expressly releases the State, and agrees that Permittee will hold harmless, indemnify, and defend ( including reasonable attorney' s fees and costs of litigation) the State, its officers, agents, and employees in their official and/ or individual capacities from every liability, loss, or claim for damages to persons or property, direct or indirect, of whatsoever nature arising out of, or in any connection with, any of the activities covered by this permit.
12) Addendum: The Permittee will abide by any addenda hereto attached.
Upon a finding that it is in the best interest of the State, this permit is issued this , ._ i( day of November 2016.
V &A. A • r Mark S. Wolfe, Executive Director Texas Historical Commission
FILED: DEC 2 0 201ST.
Antiquities Permit: Historic Buildings And Structures A' ANUrH.. WEU..CGumi 2 of 2 MctcnnanCounty Tem y htircetez Goan DEPUTY Recording of Authorization of Administrative Services Agreement and related documents: Scott & White Health Plan Re: the McLennan County Group Health Plan approved by order on October 18, 2016 and recorded on Page 369 of these minutes.
Lleit ACCEPTED BY COMMISSIONERS COURT THIS AY i13YnThI J Pt s / OUNTYJ DOE ADMINISTRATIVE SERVICES AGREEMENT
Between
SCOTT AND WHITE HEALTH PLAN
And
McLENNAN COUNTY, TEXAS
TABLE OF CONTENTS
Section Page
SECTION 1: DEFINITIONS 2 SECTION 2: DUTIES OF SWHP 3 SECTION 3: DUTIES OF PLAN SPONSOR 4 SECTION 4: FUNDING AND PAYMENT OF CLAIMS 5 SECTION 5: ENROLLMENT AND ELIGIBILITY 6 SECTION 6: FRAUD IDENTIFICATION AND INVESTIGATION 7 SECTION 7: LIMITATIONS 9 SECTION 8: ADMINISTRATION FEES AND OTHER EXPENSES 9 SECTION 9: LIABILITY AND INDEMNIFICATION 9 SECTION 10: CONFIDENTIAL INFORMATION 11 SECTION 11: INSPECTION OF BOOKS AND RECORDS 13 SECTION 12: MODIFICATION OF THIS AGREEMENT 15 SECTION 13: MODIFICATION OF PLAN 16 SECTION 14: TERM AND TERMINATION 16 SECTION 15: GENERAL PROVISIONS 18 SECTION 16: RESOLUTION OF DISPUTES Error! Bookmark not defined.
EXHIBIT 1 COMPENSATION AND PAYMENTS 21 EXHIBIT 2 PLAN SPONSOR'S RESPONSIBILITIES 23 EXHIBIT 3 ELIGIBILITY, ENROLLMENT, AND CUSTOMER SERVICE 25 EXHIBIT 4 CLAIMS SERVICES 26 EXHIBIT 5 MEDICAL MANAGEMENT SERVICES 29 EXHIBIT 6 MANAGED CARE NETWORK SERVICES 33 EXHIBIT 7 SWHP' RESPONSIBILITIES 36 EXHIBIT 8 PERFORMANCE GUARANTEES 38 EXHIBIT 9 SUBROGATION SERVICES 40 EXHIBIT 10 BUSINESS ASSOCIATE AGREEMENT 41
4811055, 1 26( 0) 12 ADMINISTRATIVE SERVICES AGREEMENT
THIS ADMINISTRATIVE SERVICES AGREEMENT ( this " Agreement'), October 1, 2016 the " Effective Date"), is between McLennan County (" Plan Sponsor") and Scott and White Health Plan (" SWHP").
WHEREAS
A. Plan Sponsor has adopted a self-funded program of hospital, medical, and prescription drug benefits for its employees, retirees and their eligible dependents the "Plan");
B. Plan Sponsor issued RFP # 16- 008, titled " Request for Proposal for Employee Group Health Benefits, Prescription Drug Benefits, Section 125 Plan Administration and COBRA Administration (" the RFP"). The RFP and the following documents are specifically incorporated by reference as if fully set forth herein; The RFP due March 24, 2016;
ii. The Response of SWHP to the RFP dated April 5, 2016;
The " Best and Final" of SWHP dated June 1, 2016;
C. Plan Sponsor has requested SWHP furnish certain administrative services to the Plan; and
D. This Administrative Service Agreement supersedes any prior similar agreement between the parties whether oral or written with respect to the period this Agreement is in effect.
NOW, THEREFORE, In consideration of the mutual promises and covenants hereinafter set forth, and other good and valuable considerations, the receipt and sufficiency of which is hereby acknowledged, the parties agree as follows:
The Employee Retirement Income Security Act (" ERISA") is referred to in this Agreement. McLennan County, as a governmental entity, is not subject to ERISA. Therefore, the references herein to ERISA are merely for the purpose of establishing procedures and processes to be followed, and such are not an adoption of ERISA by the County, a waiver of non- coverage or immunity from ERISA by the County, or an agreement by the County to be bound by ERISA or subject to any remedies or rights, damages, penalties, or other enforcement under ERISA. By the same token, any of the Third Party Administrator' s obligations under this Agreement that refer to ERISA are contractual and not statutory, and are not an agreement to be subject to any remedies or rights, damages, penalties, or other enforcement under ERISA.
SECTION 1: DEFINITIONS
The following terms have the following meanings. Any singular word shall include any plural of the same word.
4833O55 . 26600112 Business Day" means any day other than a Saturday, Sunday or other day on which commercial banks in Texas are authorized or required to remain closed.
Check" means the instrument of payment issued by SWHP for the payment of benefits under the Plan pursuant to this Agreement, whether such instrument is a draft or a check, including an Electronic Funds Transfer, or other reasonable payment method.
Fiduciary" means the Plan Sponsor, who is the named fiduciary of the plan. As fiduciary, Plan Sponsor maintains discretionary authority to review all denied claims for benefits under the Plan, including the denial of certification of the medical necessity of medical treatment. Plan Sponsor will have final authority and ultimate disposition of any appeal denying a claim, as outlined in the Summary Plan Description. SWHP is not to be deemed a fiduciary of the Plan or an insurer, underwriter of guarantor with respect to any benefits payable under the plan. The services to be performed by SWHP shall be ministerial in nature with respect to the Plan. SWHP shall not have any discretionary authority or control respecting management of the Plan or over Plan assets.
Governmental Authority' means the government of the United States or any state or political subdivision thereof or any entity exercising executive, legislative, judicial, regulatory or administrative functions of or pertaining to government.
HIPAA" means the Health Insurance Portability & Accountability Act of 1996, as amended from time to time, and regulations thereunder.
Law" means any and all laws, regulations, rules, ordinances or other binding requirements or judicial or administrative orders of a Governmental Authority.
Managed Care Network Services" means those services described on Exhibit 6.
Medical Management Services" means those services described on Exhibit 5.
Participant' means an employee or retiree or his or her dependent who is covered under the Plan pursuant to the plan documents.
Plan Benefit Account" means an account established by Plan Sponsor in a bank approved by SWHP on which Plan benefit payments are issued by SWHP and other withdrawals are made by SWHP in accordance with this Agreement.
Subrogation" means the right to recover Plan benefit payments made to a Participant or a health care provider because of an injury to the Participant caused by a third party's wrongful act or negligence for which the Participant or health care provider later receives or is entitled to receive payment from the third party or the third party's insurer.
SECTION 2: DUTIES OF SWHP
2. 1 SWHP's Responsibilities. SWHP shall provide the services described in the RFP and this Agreement, including but not limited to those services specifically described in Exhibit 7 and other Exhibits attached hereto and comply with its other duties and obligations described in this Agreement and the Exhibits. In the event of any conflict
3
I813055v. 1 26009032 between the RFP, SWHP' s April 5, 2016 or June 1, 2016 responses or this Agreement, this Agreement shall control.
2. 2 Fidelity Bond. SWHP shall maintain, at its sole expense, a fidelity bond covering losses caused by dishonesty of its officers, employees or agents, as well as loss or destruction of monies or other property belonging to others and held by SWHP, until such time as all duties of SWHP hereunder are fully discharged, in an amount equal to that required under Section 412 of ERISA and the regulations promulgated thereunder.
2. 3 Appeals. To the extent any claim processed by SWHP is appealed by a claimant, SWHP will handle such appeal, and provide a written recommendation with respect to the appeal to Plan Sponsor within a reasonable period of time after its receipt by SWHP in accordance with ERISA claims regulations. Plan Sponsor will have the final authority to approve or override the appeal recommendation made by SWHP.
2.3 SWHP will provide the Plan Sponsor with ministerial services such as general administrative, accounting, data processing, cost control, marketing, claims processing, accounting and other services, as described in the Exhibits.
SECTION 3: DUTIES OF PLAN SPONSOR
3. 1 Plan Sponsor's Responsibilities. Plan Sponsor shall comply with its duties and obligations described in Exhibit 2 and comply with its other duties and obligations described in this Agreement and the other Exhibits attached hereto.
3. 2 Authority. Plan Sponsor retains all authority and responsibility to control, manage and operate the Plan. Plan Sponsor shall have final discretionary authority with respect to any determination in the claims process. Whether Plan Sponsor overrides or follows a recommendation made by SWHP regarding benefit coverage, Plan Sponsor will be ultimately responsible for any liability resulting therefrom. Plan Sponsor acknowledges this reservation of authority and the specific time frames for making benefit determinations.
3. 3 Responsibility for Plan Funding. Plan Sponsor shall be solely responsible for determining the funding requirements for the Plan, including, without limitation, the contribution levels required for Participants. Although SWHP may provide assistance or recommendations with respect to suggested Plan funding and contribution levels, SWHP does not guarantee, represent or warrant that any suggested Plan funding or contribution levels shall be adequate or may not need to be modified or adjusted based upon Plan participation, Plan design changes, claims experience under the Plan or for other reasons.
3. 4 Financial Condition. The Plan Sponsor's financial information is available as a matter of course as a public record.
3. 5 Plan Documents. The parties acknowledge that, prior to the Effective Date, Plan Sponsor has furnished to SWHP copies of all documents relating to the Plan, including, without limitation, the Plan Document, the Summary Plan Description, a detailed description of Plan coverage, and employee communications relating to the Plan. If Plan Sponsor has not provided SWHP with a copy of its finalized Plan Document by the time this Agreement is effective, SWHP will provide services under this
4
18130 35,. 1 2n609, 12 Agreement in accordance with the definitions and other language contained in the draft version of the Plan Document created when the Plan Sponsor purchased services under this Agreement. SWHP will continue its services in this manner until it receives the finalized Plan Document.
3. 6 Complaints by Participants. Plan Sponsor shall promptly advise SWHP of any complaints made by Participants of which Plan Sponsor is aware that concern the services provided by SWHP.
3. 7 Plan Sponsor's Authority. Plan Sponsor or a fiduciary designated by Plan Sponsor shall retain full discretion and authority to construe and interpret the Plan with respect to all questions regarding the amount and payment of any Plan benefits in accordance with the terms of the Plan.
SECTION 4: FUNDING AND PAYMENT OF CLAIMS
4. 1 Plan Benefit Account. Plan Sponsor shall establish the Plan Benefit Account. Plan Sponsor shall maintain in the Plan Benefit Account an amount which shall be sufficient at all times to fund the Checks written on it for payment of Plan benefits and withdrawals by SWHP for such other fees, expenses, or charges as authorized in this Agreement. Plan Sponsor authorizes SWHP to draw upon the Plan Benefit Account amounts representing payments authorized in this Agreement. SWHP shall have exclusive check writing authority over the Plan Benefit Account.
Weekly Statements — SWHP will process claims on a weekly basis and provide a statement to the Plan Sponsor.
ii. Upon approval of the Plan Sponsor, SWHP shall issue checks from the Plan Benefit Account for Plan benefits and related expenses. Plan Sponsor' s fidelity bond shall cover those employees of SWHP who have check writing authority over the Plan Benefit Account.
In the event that sufficient funds are not available in the Account to pay all Plan benefits and related expenses when due, SWHP shall not release claims ( including run- out claims, if applicable) under this Agreement. In addition, SWHP may terminate this Agreement on the first calendar day of any month following notice of such event provided that any such written notice shall provide at least seven ( 7) days prior written notice and provide Plan Sponsor the opportunity to cure such event within such seven ( 7) day period.
4. 2 Plan Benefit Account Charges. Plan Sponsor shall be responsible for all banking costs, fees and charges related to the maintenance and administration of the Plan Benefit Account.
4. 3 Plan Benefit Account Reconciliation. SWHP shall perform all administrative functions necessary for the proper maintenance of the Plan Benefit Account, including a monthly reconciliation of the Plan Benefit Account bank statement.
i
4763055v. I 26609, 32 4. 4 Payment of Claims. SWHP shall issue Checks from the Plan Benefit Account for Plan benefits. SWHP shall have no obligation to issue Checks from the Plan Benefit Account if there are no or insufficient funds in the Plan Benefit Account.
4. 5 SWHP is Not a Fiduciary. SWHP shall not be deemed to be a named fiduciary under the Plan or a fiduciary for any purpose or for any duties whatsoever.
4. 6 Underpayment/Overpayment. In no event shall SWHP be deemed to have a fiduciary obligation to pursue recovery of any incorrect claim payments. In the event SWHP pays any person less than the amount to which such person is entitled under the Plan, SWHP shall promptly adjust the underpayment by drawing the additional funds from the Plan Benefit Account. In the event SWHP overpays any person entitled to benefits under the Plan, or pays benefits to any person not entitled to them, SWHP or its subcontractor shall take reasonable steps to request return of the overpayment. Except as provided in Section 6, SWHP shall not initiate court proceedings or other legal action to recover an overpayment. SWHP shall only be liable for overpayments to the extent set forth in Section 9. 6.
SECTION 5: ENROLLMENT AND ELIGIBILITY
5. 1 Plan Sponsor Enrollment Responsibilities. Plan Sponsor shall:
a) Respond to all routine inquiries from Participants concerning enrollment in the Plan and its terms, conditions, and operations;
b) Notify Participants of their right to apply for coverage under the Plan and supply them with any necessary forms and enrollment filing instructions;
c) Notify Participants of their right to apply for benefits and supply them with any necessary claim forms and claim filing instructions;
d) Notify Participants of their COBRA and conversion rights, if any; and
e) Notify Participants of any other rights as required of Plan Sponsor by any applicable Law.
5. 2 SWHP Enrollment Responsibilities. SWHP shall:
a) Provide ID cards to each Participant at the time of initial enrollment and each year thereafter in the event of Plan changes and such replacement cards as may be reasonably required; and
b) Promptly and accurately load within 5 business days of receipt thereof all member eligibility files provided by Plan Sponsor into the claims adjudication systems, HealthEquity System, Pharmacy Benefit Management and other related systems.
5. 3 Eligibility. Plan Sponsor shall provide SWHP with the necessary information to determine Participants' eligibility under the Plan. Plan Sponsor further acknowledges that Plan Sponsor's prompt furnishing of complete and accurate eligibility and benefit information is essential to the timely and efficient administration by SWHP of claims
G
4833055.. 1 20000: 2 for the Plan. In determining any person' s right to benefits under the Plan, SWHP shall rely upon eligibility information furnished by Plan Sponsor. It is mutually understood that the effective performance by SWHP under this Agreement shall require that it be advised on a timely basis by Plan Sponsor of the identity of Participants and the effective date or the termination date of their coverage.
5.4 Confirmation Process. Plan Sponsor shall implement and maintain an enrollment and eligibility confirmation process which provides SWHP with Participant eligibility and enrollment information on a timely basis to enable SWHP to provide services under this Agreement.
5. 5 Retroactive Terminations. Plan Sponsor may submit retroactive terminations to SWHP and receive credit for the administration fee for the month in which the retroactive termination is received. SWHP will not credit the Plan Sponsor' s administration fee for any retroactive terminations submitted more than 90 days after the date upon which the Participant should have been terminated.
5. 6 Wash Method. SWHP will calculate the Plan Sponsor' s monthly administration fee based upon the Wash Method as follows: Participants who become covered during the first 15 days of the month shall be counted as a Participant in the calculation of that month' s administration fee, whereas Participants who become covered after the 15'" of the month shall not be included in the calculation of that month' s administration fee. Participants whose coverage is terminated during the first 15 days of the month shall not be counted as Participants in the calculation of that month' s administration fee, whereas Participants whose coverage is terminated after the 15th of that month shall be included in the calculation of that month' s administration fee.
SECTION 6: FRAUD IDENTIFICATION AND INVESTIGATION
6. 1 Fraud, Waste and Abuse Services. On behalf of Plan Sponsor, SWHP shall perform the following services intended to identify, monitor, report and act on suspected fraudulent, questionable, wasteful or abusive claim practices by third parties ( e. g., health care providers, Participants or other persons or entities) that affect the Plan. SWHP may subcontract with a qualified vendor to perform these services. Unless instructed otherwise by Plan Sponsor, SWHP will perform the following services:
a) monitor health care providers, as SWHP in its sole judgment and discretion deems proper, appropriate or necessary, who may have engaged in suspected fraudulent, questionable, wasteful or abusive billing practices affecting a Plan claim;
b) provide a toll- free telephone number for Participants to report suspected fraud or abuse related to a Plan claim;
c) report suspected fraud or abuse related to a Plan claim to appropriate state or federal governmental authorities;
d) investigate and prevent the payment of claims involving suspected fraudulent, questionable, wasteful or abusive claim information submitted to SWHP by a third party;
7
1833055.. 1 26611932 e) investigate and take steps to collect allegedly overpaid claims due to suspected fraudulent, questionable, wasteful or abusive claim information submitted to SWHP by a third party; and
f) in a situation in which SWHP has not identified any suspected fraudulent, questionable, wasteful or abusive claim practices, SWHP may nevertheless: ( i) perform audits of a health care provider to determine whether funds have been paid to such health care provider by SWHP in connection with a claim that exceed the actual charges billed by such health care provider; and ( ii) initiate action to collect any claim overpayments.
SWHP may perform any or all of the services described in this Section 6. 1 only with respect to the Plan or in connection with SWHP' s ( or any affiliate' s) performance of such services with respect to other plans that are or have been administered or insured by SWHP ( or any affiliate), including, without limitation, SWHP's ( or any affiliate' s) group or individual insurance policies.
If authorized by Plan Sponsor, SWHP may retain outside counsel, investigative firms, collection firms, or other parties to assist SWHP in the performance of its services described in this Section 6. 1.
6. 2 Standards, Practices and Procedures. SWHP may, at its sole discretion, utilize such standards, practices and procedures as it deems proper, appropriate or necessary to perform its fraud, waste and abuse identification and investigation services herein.
6. 3 Claim Overpayments Relating to Fraud Services. At its sole discretion, SWHP may notify Plan Sponsor in the event SWHP initiates any steps to: ( a) collect any alleged Plan claim overpayments from a third party in accordance with Section 6. 1; or ( b) prevent the payment of any Plan claims in accordance with Section 6. 1.
SWHP shall not be required to institute legal proceedings in order to seek recovery of any alleged Plan claim overpayments or to prevent the payment of any Plan claims due to suspected fraudulent, questionable, wasteful or abusive claim information submitted to SWHP. Nevertheless, Plan Sponsor explicitly grants SWHP the sole discretion and authority to pursue any action to recover funds in accordance with Section 6. 1 or to prevent the payment of claims in accordance with Section 6. 1 on behalf of Plan Sponsor, including, without limitation, the filing of a legal action in SWHP's name, and tä settle or compromise such claims as SWHP, in its sole judgment and discretion, deems proper and appropriate under the circumstances.
If SWHP decides not to investigate and take steps to collect allegedly overpaid Plan claims ( e. g., because the estimated cost of investigation will exceed the amount of the overpaid claim or for other reasons). SWHP shall refer to Plan Sponsor information relating to such allegedly overpaid Plan claims. Plan Sponsor may, at its sole discretion, effort and cost, investigate and take steps to collect any such Plan claim overpayments.
6.4 No Guarantee. Neither this Agreement nor the performance of any of its services under this Section 6 constitutes a guarantee by SWHP ( or any affiliate) that it shall identify or investigate all fraudulent, questionable, wasteful or abusive claim practices by third parties that affect the Plan or a guarantee that SWHP ( or any affiliate) shall be
S
187 30550 26600. 32 successful in recovering any overpaid Plan claims due to suspected fraudulent, questionable, wasteful or abusive claim information submitted to SWHP by third parties.
6. 5 Request of Plan Sponsor. Upon request of Plan Sponsor to monitor, investigate or take any action with respect to suspected fraudulent, questionable, wasteful or abusive claim practices, SWHP may take such action or no action, as SWHP in its sole judgment and discretion deems proper, appropriate or necessary. In such event, SWHP shall inform Plan Sponsor so that Plan Sponsor can decide whether to independently take such action.
6. 6 No Fiduciary Obligation. While SWHP will act in good faith and make every reasonable effort to conduct itself as a good steward of the Plan Sponsor's assets, in no event shall SWHP be deemed to have a fiduciary obligation to pursue recovery of any claim overpayments or to identify, investigate, monitor or report suspected fraudulent, questionable, wasteful or abusive claim practices that are not in the best interests of the Plan Sponsor or SWHP.
SECTION 7: LIMITATIONS
7. 1 Names. Plan Sponsor shall not alter, use or reproduce, by any means, any logo, trademark, service mark or name of SWHP or any company affiliated with SWHP, in any advertising, publicity releases, customer lists or otherwise, without the prior written consent of an authorized representative of SWHP.
7. 2 Compliance with Laws. It is the Intent of Plan Sponsor and SWHP to comply with any applicable Laws.
SECTION 8: ADMINISTRATION FEES AND OTHER EXPENSES
8. 1 Fees and Expenses. Plan Sponsor shall:
a) Pay SWHP the administration fees and other fees and payments for services performed under this Agreement as set forth in Exhibit 1; and
b) Pay or reimburse SWHP for other charges, fees, taxes, assessments, surcharges, expenses or debts for which Plan Sponsor is responsible under this Agreement, including, without limitation, any fees, taxes, assessments, surcharges, debts or expenses imposed upon the Plan or Plan Sponsor by any Governmental Authority.
8.2 Withdrawals from Plan Benefit Account. SWHP may withdraw from the Plan Benefit Account any amounts which are due and payable to SWHP in accordance with Section 8. 1 ( a) or Section 8. 1( b).
SECTION 9: LIABILITY AND INDEMNIFICATION
9. 1 Provider of Services. In performing its obligations under this Agreement, SWHP neither insures nor underwrites any liability of Plan Sponsor under the Plan, but acts only as the provider of the services described in this Agreement.
9
4833055'.. I 2660902 9. 2 Defense. Plan Sponsor shall accept the tender of defense and retain the liability for all Plan benefits claims and all expenses incident to the Plan. SWHP shall have no duty or obligation to defend against any action or proceeding brought to recover a claim for Plan benefits or expenses incident to the Plan. SWHP shall, however, cooperate with Plan Sponsor in the defense of any matters related to SWHP' s services under this Agreement and shall make available to Plan Sponsor and its counsel such documents or information relevant to such action or proceeding as SWHP may have as a result of its provision of administrative services hereunder.
9. 3 Plan Sponsor's Responsibility. Plan Sponsor agrees that it retains responsibility for compliance with HIPAA and other Laws, and for Plan claims and all expenses incident to the Plan, except for the services and expenses specifically assumed by SWHP in this Agreement.
9.4 Choice of Counsel. In the event of any litigation involving either SWHP or Plan Sponsor concerning any matter related to the Plan, including, without limitation, any lawsuit for benefits, each party to this Agreement shall retain sole authority to select legal counsel of its choice.
9.5 Indemnification by Plan Sponsor. In addition to Plan Sponsor's other obligations, including those under Section 9. 7 and Section 9. 8 to the extent if any allowed by the Texas Constitution and the laws of the State of Texas, Plan Sponsor shall indemnify, defend and hold SWHP harmless from any liability, loss, costs, expenses or damages including, without limitation, reasonable attorneys' fees, court costs and extracontractual and punitive damages) incurred by SWHP, arising out of or resulting from ( a) any act or omission of Plan Sponsor, its officers, directors or employees including, without limitation, any failure to comply with any material term or obligation of this Agreement, b) any act or omission related to the Plan or a Plan claim for which SWHP has not specifically assumed responsibility or liability under this Agreement except where such is due to the acts or omissions of SWHP, or ( c) any act or omission of SWHP based upon direction or instruction from Plan Sponsor. Nothing herein shall require the Plan Sponsor to levy a tax or create an interest and sinking fund to satisfy any contingent obligations arising under this provision, and the Plan Sponsor does not intend to do so.
9.6 Indemnification by SWHP. SWHP shall indemnify, defend and hold Plan Sponsor harmless from any liability, loss, costs, expenses or damages ( including, without limitation, reasonable attorneys' fees, court costs and extracontractual and punitive damages) incurred by Plan Sponsor arising out of or resulting from SWHP's gross negligence or intentional wrongdoing with respect to the performance of its services under this Agreement. However, SWHP's obligation under this Section 9. 6 shall not extend to liability, loss, costs, expenses or damages ( including, without limitations, attorneys' fees, court costs and extracontractual and punitive damages) resulting from acts or omissions of Plan Sponsor, its officers, directors, or employees or acts or omissions of health care providers who furnish services to persons covered under the Plan. Additionally, SWHP shall not be liable to Plan Sponsor for mistakes of judgment, incorrect determinations of benefits payable, actions taken in good faith, or actions taken based upon eligibility information furnished by Plan Sponsor, or other information furnished to SWHP by Plan Sponsor, a Participant or a person who claims to be a Participant, or any health care provider or for any penalty on interest due to the late payment of a provider's claim, provided that such failure to pay timely is not the result of SWHP's gross negligence or intentional wrongdoing.
io
17: 13055v, 1 7( 609! 12 9. 7 Reimbursement of Taxes and Other Charges. Plan Sponsor shall reimburse SWHP, within thirty ( 30) days after written demand from,SWHP, for any state premium or similar tax, or any similar benefit or Plan related charge, surcharge or assessment, however denominated, including any penalties and interest payable with respect thereto, assessed against SWHP on the basis of or measured by the amount of Plan benefits administered by SWHP pursuant to this Agreement. Plan Sponsor shall also be responsible for and reimburse SWHP for any other expense, fee, or charge, other than those for which SWHP has specifically assumed responsibility under this Agreement or which are the result of SWHP' s gross negligence or intentional wrongdoing, ( e.g., indemnification) within thirty (30) days after written demand from SWHP.
9.8 Plan Sponsor's Direction. SWHP shall not be liable for any act or failure to act, in the exercise of its powers and performance of its duties hereunder, if the act or failure to act is at the written instruction or direction of Plan Sponsor.
9. 9 Tax Liability. SWHP shall not be responsible for any tax liability that may be imposed upon Plan Sponsor or the Plan.
SECTION 10: CONFIDENTIAL INFORMATION
10. 1 Definitions. For purposes of this Section 10, the following terms have the following meanings. Terms used, but not otherwise defined, in this Section shall have the same meaning as those terms in 45 CFR 160. 103 and 164. 501.
a) " Confidential Business Information" means all written, oral or electronic nonpublic business or financial information that is designated as confidential in accordance with Section 10. 2( c) herein, and all copies thereof, and all analyses, reports, data or other written or electronic documents prepared by a Receiving Party or its Representatives based on, or which contains, any Confidential Business Information and identified as confidential pursuant to Section 10. 2(c). Notwithstanding the foregoing, the term Confidential Business Information shall not include any information that ( i) first enters the public domain through means other than direct or indirect disclosure by the Receiving Party in violation of the terms of this Agreement, or ( ii) is in possession of the Receiving Party free of any obligation of confidence to the Supplying Party. By law, Confidential Business Information does not include this Agreement itself and exhibits.
b) " Confidential Information" means Confidential Business Information and Confidential Personal Information.
c) " Confidential Personal Information" means all individually identifiable personal information relating to any individual covered under the Plan, including, but not limited to, demographic, medical and financial information, such as name, age, sex, address, social security number, past or present physical and mental health condition and treatment, debt status or history, income and other similar individually identifiable personal information. The term Confidential Personal Information includes, but is not limited to, Protected Health Information.
d) " Receiving Party" means the party to this Agreement that receives or has access to Confidential Information.
I l
W1055.. 116600( 32 e) " Representative" means, with respect to any party to this Agreement, all officers, directors, employees, agents, consultants, representatives, subcontractors, professional advisors and affiliates of such party.
f) " Supplying Party' means the party to this Agreement that provides or makes available Confidential Information to the other party.
10. 2 Confidential Business Information.
a) Confidentiality Agreement. The Receiving Party agrees to retain all Confidential Business Information in confidence, and shall not use or disclose Confidential Business Information except for purposes related to the Receiving Party' s performance of its obligations under this Agreement, provided the Representative is first informed of the confidential nature. The Receiving Party shall inform the individual recipients of the Confidential Business Information about the confidentiality obligation of this Agreement.
b) Return of Confidential Business Information. Upon termination of this Agreement, the Receiving Party shall promptly return or destroy all Confidential Business Information as directed in writing by the Supplying Party. Upon written request of the Supplying Party, the destruction or return of such information shall be confirmed in writing. If the Receiving Party has post- termination obligations under this Agreement that require continued access to the Confidential Information, the Receiving Party's obligation to destroy or return such information shall be extended until such obligations have ended.
c) Identification of Confidential Business Information. All Confidential Business Information in documentary or electronic form shall be identified by a conspicuous Confidential" stamp or designation on the cover or first page thereof. All Confidential Business Information disclosed orally shall not be considered confidential and subject to the provisions of this Section, unless, within ten ( 10) days of the disclosure, the Supplying Party summarizes the oral disclosure in writing, sends the summary to the Receiving Party and identifies such summary to be confidential as forth hereunder.
10. 3 Protected Health Information; Confidentiality. SWHP and Plan Sponsor agree that the Privacy Rule and Security Rule promulgated under Health Insurance Portability and Accountability Act of 1996 and the Health Information Technology for Economic and Clinical Health Act, part of the American Recovery and Reinvestment Act of 2009, require that a covered entity and its business associate agree to certain specified terms and conditions regarding the treatment and protection of Protected Health Information PHI). SWHP and Plan Sponsor will enter into a Business Associate Agreement attached to this Agreement as Exhibit 10 to comply with these requirements.
10.4 Termination.
a) Termination for Violation of Confidential Business Information Provisions. Notwithstanding Section 14 herein, the parties agree that the Supplying Party may terminate this Agreement effective fourteen ( 14) days following written
12
483 055%. 1 26600' 32 notice to the Receiving Party if the Receiving Party has violated the terms of Section 10. 2.
b) Effect of Termination. Upon termination of this Agreement, for any reason, SWHP shall promptly return or destroy all Protected Health Information as directed by Plan Sponsor and retain no copies. This provision shall also apply to Protected Health information that is in the possession of subcontractors or agents of SWHP. Notwithstanding the provisions hereof, SWHP shall retain all records as required by law.
10. 5 Disclosures Required by Law or a Governmental Authority. If Receiving Party is required to disclose Confidential Business Information in response to legal process or a Governmental Authority or applicable public information or Freedom of Information statute„ Receiving Party shall immediately notify Supplying Party and, upon request by and at Supplying Party' s expense, cooperate with Supplying Party in connection with obtaining a protective order or otherwise limiting the use or further disclosure of the Confidential Business Information. Receiving Party shall furnish only that portion of the Confidential Business Information which it is legally required to disclose.
10. 6 Equitable Relief. The Receiving Party acknowledges the Confidential Information it receives is confidential or proprietary to the Supplying Party, that disclosure thereof could be seriously harmful to the business prospects of the Supplying Party, that the Supplying Party may not have adequate remedies at law for a breach of the confidentiality obligations hereunder and that money damages may be difficult or impossible to determine. Accordingly, each party agrees, in addition to all other remedies available at law, that an aggrieved party is entitled to ( a) seek and obtain equitable relief, including injunctive relief without bond, and ( b) reimbursement of all attorneys' fees and court costs.
10. 7 Material Obliqation/ Survival. Each obligation contained in this Agreement pertaining to the confidentiality, use or disclosure of Confidential Information is deemed to be a material obligation of the parties hereunder and shall survive the termination of this Agreement.
SECTION 11: INSPECTION OF BOOKS AND RECORDS
11. 1 Plan Sponsor's Records. Plan Sponsor shall keep regular and accurate records of all transactions related to this Agreement during the term of this Agreement and thereafter for as long as is required by applicable law, but in no event less than six ( 6) years after termination of this Agreement. During such period, subject to the provisions of Section 10, SWHP or its representative shall have the right, during normal business hours and with at least seven ( 7) days' advance written notice, to inspect, audit and make copies from the books and records of Plan Sponsor related to this Agreement, including, without limitation, the Plan' s governing documents.
11. 2 SWHP's Record Retention. SWHP shall maintain Plan Records ( defined below) ( i) in accordance with standards of record keeping customary in the health and welfare benefits administration industry, and ( ii) for a period of six ( 6) years, or if the records are sooner returned to Plan Sponsor in accordance with this Agreement, then until the date of such return. After such period, all such records in the possession of SWHP may be destroyed in the discretion of SWHP without notice to Plan Sponsor,
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4831055% 26600. 32 Participants or any other person or entity. As used in this Section, " Plan Records" are defined as the following records generated or received by SWHP: 1) claims history; 2) current eligibility of Participants; 3) past and current subrogation claim files; 4) large case management files; 5) individual large claims reports; 6) pending claims; and 7) received but unpaid claims. After receipt of Plan Sponsor' s written request following the termination of this Agreement, SWHP shall deliver to Plan Sponsor or its designee those Plan Records in SWHP's possession that are described in such request. The Plan Records may be delivered in the format in which they are maintained by SWHP. Plan Sponsor shall reimburse SWHP for all actual costs incurred in providing such Plan Records. To the extent the records or accompanying documentation includes systems or programs developed by, owned by, or licensed to SWHP: ( i) SWHP shall have the right to safeguard their secrecy and use by requiring the transfer to occur in such a manner that will not permit the recipient to have continuing use of the protected systems or programs; and ( ii) the recipient shall not copy, distribute, sublicense or otherwise take advantage of the protected systems or programs. SWHP may choose to deliver Plan Records to Plan Sponsor after termination of this Agreement even if not requested by Plan Sponsor. SWHP shall be entitled to retain copies of Plan Records at its own expense.
11. 3 Plan Records. SWHP and its affiliates or authorized agents shall have the right to use all Plan Records solely for legitimate Plan health operations, research or public health purposes, including without limitation: claim payments and fraud prevention, preventive health, early detection and disease management programs; coordination of patient care; member education; quality improvement/management assessment; utilization review and management; design of benefit plans; provider network activities; fulfilling certain state and federal requirements; HEDIS and similar data collection and reporting; accreditation by the National Committee for Quality Assurance and other accrediting organizations; and statistical research; provided, that in all respects SWHP shall use Plan Records in compliance with privacy laws and regulations, including without limitation, regulations promulgated pursuant to the Health Insurance Portability and Accountability Act of 1996, as amended from time to time.
Upon reasonable prior written request, and as permitted by applicable law, the Plan related benefit payment information contained in the Plan Records shall be made available to Plan Sponsor or to a third party designated by Plan Sponsor, for inspection during regular business hours at the place or places of business where it is maintained by SWHP, for purposes related to the administration of the Plan. SWHP may assess a charge to recover reasonable costs actually incurred attributable to electronic clearing service charges in force at the time of the request in connection with Plan Records requests.
Any Plan Records which are maintained by SWHP in electronic media shall be available for review and inspection by the U. S. Department of Labor in compliance with the electronic records requirements for employee benefit plans established by the U. S. Department of Labor, Employee benefits Security Administration. SWHP agrees to provide to Plan Sponsor all information related to its administration of the Plan needed to allow Plan Sponsor to meet its reporting and disclosure obligations with respect thereto. Unless legally prohibited from doing so, SHWP shall notify Plan Sponsor if it receives any request for information from the U. S. Department of Labor and shall provide Plan Sponsor with duplicate copies of any materials
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1333055.. 1 74609132 produced for review or inspection by the U. S. Department of Labor.
11. 4 Audit. Subject to the provisions of Section 10, Plan Sponsor may audit SWHP' s compliance with its obligations under this Agreement, and SWHP shall supply Plan Sponsor with reasonable access to information required or maintained by SWHP in performing services under this Agreement. SWHP shall be required to supply only such information which is in its possession and which is reasonably necessary for Plan Sponsor to administer the Plan, provided that such disclosure is not prohibited by any third- party contracts to which SWHP is a signatory or any requirements of Law. Plan Sponsor hereby represents that, to the extent any disclosed information contains Confidential Personal Information about a Participant, the Participant has authorized Plan Sponsor or Plan Sponsor otherwise has the legal authority to have access to such information.
Plan Sponsor shall give SWHP reasonable advance written notice of at least fourteen 14) calendar days of its intent to perform such an audit and its need for such information and shall represent to SWHP that the information that shall be disclosed therein is reasonably necessary for the administration of the Plan. All audits and information disclosures shall occur at a reasonable time and place at Plan Sponsor's expense. Plan Sponsor shall reimburse SWHP for costs incurred by SWHP with respect to any audits.
Plan Sponsor may designate a representative acceptable to SWHP to conduct or participate in the audit, or to receive access to such information, provided that Plan Sponsor and the representative enter into a written agreement with SWHP under which the representative agrees to use any disclosed information solely for purposes of administering the Plan, to keep such information confidential and not to disclose the information to any other entity or person.
SECTION 12: MODIFICATION OF THIS AGREEMENT
12. 1 Revisions. This Agreement shall be revised in accordance with the Parties' agreed
changes:
a) on any anniversary of the Effective Date, provided at least ninety ( 909) days' advance written notice has been given by SWHP;
b) on the date of any modification or amendment of the Plan or SWHP' s administrative duties by the Plan Sponsor;
c) on the date this Agreement has terminated in the event SWHP continues to process claims in accordance with Section 14. 5 herein;
d) on the date of any merger or consolidation, or acquisition or divestiture ( through stock, assets or exchange) of all or part of a business enterprise affecting Plan Sponsor's employee population; or
e) on or after the date on which any Law is enacted, issued, amended, or enforced that SWHP reasonably determines to cause a material increase in SWHP' s potential or actual liability arising out of or related to SWHP's services or duties hereunder.
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8330550 4000/ 32 12. 2 Modification of Agreement. Any modification of this Agreement, including, without limitation, any administration fee, pursuant to this Section 12 shall be made by written agreement between Plan Sponsor and SWHP.
SECTION 13: MODIFICATION OF PLAN
Any proposed modification or amendment of the Plan shall be communicated in writing by Plan Sponsor to SWHP. Implementation of any modification or amendment shall be mutually agreed upon by Plan Sponsor and SWHP and shall be evidenced by an amendment to this Agreement. The term " Plan" as used in this Agreement shall include each such modification or amendment as of the implementation date agreed upon by the parties.
SECTION 14: TERM AND TERMINATION
14. 1 Initial Term. This Agreement shall take effect on the Effective Date and shall remain in effect for a period of thirty- six ( 36) months unless terminated earlier as provided in this Section 14.
14. 2 Annual Cancellation by Plan Sponsor. This Agreement may be cancelled on any succeeding annual anniversary date hereof by Plan Sponsor by delivery to SWHP at least ninety ( 90) days' advance written notice prior to such succeeding annual anniversary cancellation.
14. 3 Termination. This Agreement shall terminate upon the earliest of the following dates:
a) the date specified in a written notice from one party to the other party if applicable under the terms of this Agreement; of its intention to terminate, provided notice is given at least ninety (90) days prior to the specified date;
b) the date specified in a written notice from one party to the other party that the other party has breached any of its material obligations under this Agreement, including, without limitation, Plan Sponsor's obligation to pay administration fees to SWHP or to reimburse SWHP for any fees, expenses, charges, taxes, assessments, or surcharges in accordance with this Agreement;
c) at the option of SWHP, the date upon which SWHP notifies Plan Sponsor that this Agreement shall terminate due to:
i) Plan Sponsor's failure to maintain in the Plan Benefit Account sufficient funds to pay all amounts payable out of the Plan Benefit Account in accordance with this Agreement, including payment of all claims under the Plan;
ii) Plan Sponsor's failure to accept a change in this Agreement, including, without limitation, a change to the administration fees payable hereunder;
iii) Plan Sponsor's failure to pay SWHP any monthly administration fee or other payment described in this Agreement by the end of the month in which the fee or payment is due; or
16
48171155.. 1 26600! 32 iv) Plan Sponsor's failure to abide by the terms of this Agreement; or
d) any other date mutually agreeable to Plan Sponsor and SWHP.
14.4 Termination of Claims Processing. Upon termination of this Agreement, SWHP shall immediately cease the processing of all Plan claims ( except for claims described in Section 14. 5 herein) and the performance of all other services hereunder ( except as otherwise provided in this Agreement).
14. 5 Claims Processing after Termination. Upon notice of termination, SWHP will present Plan Sponsor with options for administration of run- out claims. SWHP and Plan Sponsor shall enter into a Run Out Agreement prior to the effective date of termination. Should Plan Sponsor and SWHP fail to enter into a Run Out Agreement by the termination date, SWHP shall have no obligation to continue to process Plan claims which were incurred prior to termination. In the event a Plan Sponsor terminates only a portion of the Participants to which this Agreement applies, this provision will apply to run-out claims for the portion of the Participants to whom the termination applies.
Such Run Out Agreement shall be for the period of mutually agreed by the following the termination date ( the " Run Out Period"), subject to payment of additional fees as mutually agreed. The procedures and obligations described in the Agreement, to the extent applicable, shall survive the termination of the Agreement and remain in effect with respect to such claims. Benefit payments processed by SWHP with respect to such claims which are pended or disputed will be handled to their conclusion by SWHP and the procedures and obligations described in this Agreement, to the extent applicable, shall survive the expiration date with respect to such claims. Requests for benefit payments received after such Run Out Period will be returned to the Plan Sponsor or, upon its direction, to a successor administrator at the Plan Sponsor' s expense.
Plan Sponsor will be liable for all Plan benefit payments made by SWHP in accordance with the preceding paragraph following the termination date or which are outstanding on the termination date. Plan Sponsor will continue to fund Plan benefit payments through the banking arrangement described in this Agreement and agrees to instruct its bank to continue to make funds available until all outstanding benefit payments have been funded by Plan Sponsor or until such time as mutually agreed upon by SWHP and Plan Sponsor.
Upon termination of the Run Out Agreement, SWHP will release to Plan Sponsor or to a successor administrator, in SWHP' s standard format, all claim data, records and files within a reasonable time period following the termination date. All reasonable costs associated with the release of data, records and files from SWHP to Plan Sponsor shall be paid by Plan Sponsor. Except as otherwise provided herein, any claims received by SWHP after the termination date will be forwarded to Plan Sponsor or to the provider at Plan Sponsor's expense, as directed by Plan Sponsor; SWHP will bear no responsibility with respect to such claims.
14. 6 Return of Claim Files. Plan Sponsor may, within three ( 3) years after termination of this Agreement, request in writing that SWHP send Plan Sponsor any existing Plan claim files that SWHP holds in hard- copy form or stores electronically. SWHP shall charge Plan Sponsor:
17
133± 055.. 1 26609' a) $ 75. 00 an hour for SWHP' s cost of programming and $ 75. 00 an hour for computer time for providing Plan claim records; plus
b) a reimbursement of the actual and reasonable costs incurred for the retrieval of hard copy documents from archival records as may be requested by Plan Sponsor.
14. 7 Remedies. If either party terminates this Agreement due to the other party's breach of its material obligations under this Agreement, the non- breaching party may pursue any other rights or remedies available to it at law or in equity.
14. 8 Fraud Identification and Investigation Services after Termination of Agreement. In the event of termination of this Agreement or the modification of this Agreement resulting in the termination of any or all of the services described in Section 6, SWHP shall have the right, but not the obligation, to perform any or all of the services described in Section 6 with respect to matters which arose before the date of termination. In such event, the fee and expense reimbursement described in this Agreement shall continue to apply, notwithstanding that the •Agreement or those services have been terminated. In the event SWHP continues to provide such services, all other terms and conditions of this Agreement which would have been applicable if this Agreement continued to be in effect shall continue to apply even if this Agreement has otherwise been terminated.
SECTION 15: GENERAL PROVISIONS
15. 1 The parties understand and agree that this Agreement will be the controlling document between the parties regarding the provision of services and benefits under the Plan. Except as otherwise provided herein, the provisions of this Agreement shall take precedence over the provisions in any other contracts, agreements, or policies, including Plan Sponsor's Plan document, to the extent that there are any inconsistencies between this Agreement and such other documents.
15. 2 Venue and Governing Law. Venue of any action arising out of this Agreement shall be in McLennan County, Texas. This Agreement is governed by applicable federal law and, to the extent that state law applies, this Agreement shall be governed by the Laws of the State of Texas, without regard to that State's principles of conflicts of law. Should any provision of this Agreement require judicial interpretation, the parties agree and stipulate that the court interpreting or considering this Agreement shall not apply any presumption that the terms of this Agreement shall be more strictly construed against a party who itself or through its agents prepared this Agreement. The parties acknowledge that all parties hereto have participated in the preparation of this Agreement, either through drafting or review, and that each party has had full opportunity to consult legal counsel of choice before execution of this Agreement.
15. 3 Third Party Beneficiaries. This Agreement is for the benefit of Plan Sponsor and SWHP and not for any other person or entity.
15.4 Headings. The headings of the various sections and subsections of this Agreement are inserted merely for convenience and do not, expressly or by implication, limit or define or extend the specific terms of the section or subsection so designated.
IR
483305 5.. 1 26609/ 52 15. 5 Conformance. Any terms or conditions of this Agreement that violate, conflict with or do not comply with any applicable Law shall be amended to conform to such Law. The parties hereto shall immediately amend this Agreement as required by applicable Law.
15.6 No Waiver, Failure of either party to enforce any provision of this Agreement shall not operate to waive or modify such provision or render such provision unenforceable.
15.7 No Change. No modification or amendment of this Agreement shall be valid unless approved in writing by an officer of SWHP.
15. 8 No Assignment. Services to be provided by SWHP under this Agreement may be performed in whole or in part by SWHP, by any of its affiliates, or by any subcontractor selected by it or by such affiliates. Except as set forth in the preceding sentence, neither party may assign or delegate any of the rights and obligations hereunder to any third party without the prior written consent of an officer of the other party.
15.9 Severability. In the event any provision of this Agreement is found to be invalid or unenforceable, the remaining provisions shall remain in effect.
15. 10 Entire Contract. This Agreement, including the Exhibits, and any amendments to the Agreement or the Exhibits, constitutes the entire contract between the parties. All prior agreements, whether oral or written, between SWHP and Plan Sponsor relating to the subject matter of this Agreement are hereby declared null and void.
15. 11 Independent Contractor. The only relationship between Plan Sponsor and SWHP is the contractual relationship established by this Agreement. SWHP is an independent contractor and not an employee of Plan Sponsor. None of the terms of this Agreement shall be construed as creating an employer-employee relationship. SWHP' s authority shall be limited to that which is expressly stated in this Agreement.
15. 12 Force Majeure. SWHP shall not be liable for any failure to meet any of the obligations or provide any of the services specified or required under this Agreement where such failure to perform is due to any contingency beyond the reasonable control of SWHP, its employees, officers, or directors. Such contingencies include, without limitation, acts of God, fires, wars, accidents, and labor disputes or shortages.
15. 13 Notice. Any notice required or permitted under this Agreement shall be in writing and personally sent by Certified Mail with all postage prepaid or by express mail delivery organization or overnight carrier or by facsimile upon actual receipt, addressed as set forth below or to such other address as either party may hereafter notify the other party in writing.
To Plan Sponsor: McLennan County, Texas 501 Washington Avenue Waco, Texas 76701 ATTN: County Judge Fax: ( 254) 757- 5196
To SWHP: Scott and White Health Plan
ie
a8e3055.. I 26609/ 32 1206 West Campus Drive Temple, TX 76508 ATTN: Mr. Jeffrey C. Ingrum President and Chief Executive Officer Fax: 254- 298- 3005
15. 14 Interest. Interest will accrue at the rate of five percent ( 5%) per annum on any amount due under this Agreement, which has not been paid within thirty ( 30) days of receipt of written demand for such amount, or the highest rate permitted by law, whichever is lower.
15. 15 Survival. Termination of this Agreement shall not terminate the rights or liabilities of either party arising prior to termination, including, without limitation, any rights or liabilities under Section 9.
15. 16 Construction. Unless the context clearly indicates otherwise, as used in this Agreement the verbs "shall," " must," and "will" each creates an absolute right or obligation, whereas the terms "may," "can," or " has the option to" each mean that the subject is permitted to but not obligated to take the designated action. The word " including" or "include" or " e. g." is not limiting, and unless the context clearly indicates otherwise the word " or" is not exclusive.
15. 17 Counterparts. This Agreement may be executed in one or more counterparts, each of which shall be deemed an original and all of which when taken together shall constitute one and the same agreement. Any counterpart signature transmitted by facsimile or by sending a scanned copy by electronic mail or similar electronic transmission shall be deemed an original signature.
This Agreement has been duly executed by the parties as of the dates set forth below.
McLENNAN COUNTY, TEXAS SCOTT AND WHITE HEALTH PLAN PLAN SPONSOR SWHP")
By: dt/)1 BY• r/.. .es Typed Name: Scott M. Felton J; '- y . Oingrum Title: County Judge Preside
Date: 10 It t'/ Ith Date: 8, o2o/ 6
20
IF; 1055v. I 26606; 32 EXHIBIT 1 COMPENSATION AND PAYMENTS
Services. SWHP shall provide the services designated on this Exhibit 1, which are described in more detail in the other Exhibits. SWHP shall have no obligation to provide any services which are not designated on this Exhibit 1 as being provided.
Administration Fees. Plan Sponsor shall pay SWHP administrative and other charges for services performed under this Agreement in the amounts and according to the schedules listed in this Exhibit 1, and any sales or use taxes, or any similar benefit or plan- related charge, surcharge or assessment, however denominated, which may be imposed by any Governmental Authority.
Expenses. Plan Sponsor will pay directly or reimburse SWHP for all expenses actually and reasonably incurred in connection with the services under this Agreement ( excluding the expense for SWHP to maintain and operate the facilities and personnel necessary to provide its services under this Agreement), including, without limitation, reasonable charges of health care facilities, health care service providers, and outside vendors for access to or for providing of information requested by SWHP to administer benefits, including expenses for medical records and for physician consultation and review services.
Invoice and Payment. SWHP will issue an invoice to Plan Sponsor by the 15th day of each month for the current month's services. The invoice shall be based upon the number of Participants provided to SWHP by Plan Sponsor, using the Wash Method described in Section 5.6 of this Agreement. Payment is due upon receipt of the invoice.
Administrative Fees ( PEPM unless otherwise stated)
Rate Rate Rate Service
PEPM unless PEPM unless PEPM unless
otherwise stated)' otherwise stated)* otherwise stated)* Oct 2016 Oct 2017 Oct 2018 Administration Fee 29. 84 30. 89 31. 97 Claims Administration Included Included Included Utilization Review& Management Included Included Included Complex Case Management Included Included Included Specialized Claims Recovery Included Included Included I I Johnson& Johnson Health and Included Included Included Wellness. Solutions Disease Management Included Included Included
Health and Wellness Included Included Included Transition of care I Included Included Included I I Nurse Advice Line Included Included I Included
Standard Open Enrollment Material Included Included Included Broker Commission nla nla nla
21
1s33055%. 1 2060072 1 Primary Network Access Fee— In Area Included Included Included Composite Cost- In Area 29.84 30. 89 31. 97
Other Fees" Pharmacy Benefit Management"" $ 3.00 per script I $ 3.00 per script 3. 00 per script Wrap Network Access 17% of Savings 17% of Savings 17% of Savings Subrogation 23% of Savings 23% of Savings 23% of Savings None New Account Set- up Fee I None None
Optional Services"( if requested in writing) Claims Run Out*" 7.46 7. 46 7. 46 Summary Plan Document 200/ hour 200/ hour 200/ hour SPD Printing and Mailing 4. 50 per employee $ 4.50 per employee $ 4. 50 per employee Appeals to External Review Pass through Pass through Pass through Organizations I Special Order Custom Reports 100/ hr 100/ hr programming $ 100/ hr Not to include standard reports programming and and producing reports programming and otherwise provided under this producing reports producing reports agreement)
Out of Area Composite Cost (plus $4. 25 for PHCS Primary Network Access fee ): Oct 2016/2017/2018 =$ 34. 09 /$ 35. 14 / $ 36. 22 Good for one year only from Oct 1, 2016 to Sep 30, 2017 12 months following end of contract 100% of pharmaceutical rebates are returned to Plan Sponsor on a quarterly basis
2)
4813055v. I 26600' 32 EXHIBIT 2 PLAN SPONSOR' S RESPONSIBILITIES
1. Plan Sponsor shall ensure that the Plan, including, without limitation, any summary plan description or benefit certificate/ booklet furnished to Participants, accurately and completely describes the claim appeal process.
2. Plan Sponsor shall provide SWHP with five ( 5) calendar days' prior notice of a Participant's ineligibility for coverage under the Plan. Plan Sponsor agrees that, in the event SWHP is not given such prior notice of a Participant' s ineligibility, Plan Sponsor shall fund the claims of such person if SWHP authorized the payment of claims during this period, even if such person is no longer eligible for Plan benefits during this period. Plan Sponsor may submit retroactive terminations to SWHP and receive credit for the administration fee for the month in which the retroactive termination is received. SWHP will not credit the Plan Sponsor' s administration fee for any retroactive terminations submitted more than ninety ( 90) days after the date upon which the participant should have been terminated.
3. If SWHP will be providing Pharmacy Benefit Management ("PBM') Services to Plan Sponsor, Plan Sponsor agrees:
a) as long as rebates are being processed under this Agreement based on drug utilization of Participants, Plan Sponsor shall not negotiate or arrange or contract in any way for rebates from any manufacturer for prescription drug services dispensed to Participants in connection with and for the term covered by this Agreement;
b) not to disclose confidential and proprietary information of Scott and White Prescription Services ( hereinafter referred to as " SWPS") except to its employees or agents as necessary to fulfill its obligations and the purposes of this Agreement, or as required by law;
c) to grant SWPS permission to use drug and related data of Participants in a non- identifiable form for research, analysis and cost comparison purposes, if confidentiality of Participants is thereby maintained in accordance with applicable laws;
d) to use only those written materials for Participants prepared by SWHP to describe SWPS and its services. Plan Sponsor agrees that its Plan shall use the drug price file and maximum allowable cost list of SWPS;
e) that SWPS shall negotiate with retail pharmacies regarding reimbursement rates for prescription drugs and related services for pharmacies participating in its networks;
f) that SWPS receives non- rebate income from the provision of data and related services to drug manufacturers, including those participating in the SWPS Manufacturer Rebate Program, that shall be retained by SWPS, and such income may be based partly on the volume of covered prescription drugs provided to persons covered under the Plan; and
23
4833055%.I 26609132 g) Notwithstanding anything to the contrary in Section 15. 3 of this Agreement, SWPS is a third-party beneficiary of this Agreement to the extent of this Section.
24
lSi?OiSv. 12bh0O, i 2 EXHIBIT 3 ELIGIBILITY, ENROLLMENT, AND CUSTOMER SERVICE
1. Eligibility. SWHP shall confirm claimant eligibility for Plan coverage based upon eligibility and enrollment information provided to SWHP by Plan Sponsor.
2. Enrollment. SWHP shall provide enrollment services as set forth in Section 5 of this Agreement.
25
4831055,. 1 20009! 12 EXHIBIT 4 CLAIMS SERVICES
1. Claims Procedures and Systems.
Claims Procedures and Systems. SWHP shall develop, design, and implement procedures and systems for processing claims and requests for benefit payments under this Agreement.
2. Claims Customer Service.
a. Claims Handling Facilities. SWHP shall provide claims handling administration facilities, furnish personnel and establish procedures, including claim files and systems, for processing Plan claims.
b. Phone Number. SWHP shall make available a toll-free customer service telephone number for Plan claimants.
c. Claim Forms and Checks Printing. SWHP shall print and pay the cost of all necessary Plan claim forms and Plan Benefit Account Checks.
d. Audits. SWHP shall perform a periodic audit of claims processing activities in a manner agreed to by SWHP and Plan Sponsor to determine the quality of claims administration. If the parties agree that a third party auditor will be used, Plan Sponsor shall pay the cost of such auditors.
3. Claims.
a. Effective Date and Termination. SWHP shall process claims for benefits under the Plan which are incurred by a Participant on or after the Effective Date, but before the date of termination of this Agreement. Unless continued pursuant to Section 14. 5 of this Agreement all claims processing services of SWHP under this Agreement shall cease as of the date of termination of this Agreement, regardless of the date the claims were incurred.
b. Benefit Determination. Provided that claims for Plan benefits are submitted to SWHP in an electronic or paper form that is satisfactory to SWHP, SWHP shall verify whether a benefit is payable under the Plan for claims submitted to SWHP by Participants or health care providers.
d. Determination to Pay Benefits. If it is determined that a benefit is payable, SWHP shall issue a Check against the Plan Benefit Account for the benefit payment to the appropriate payee and send an explanation of benefits or payment form to the payee.
e. Determination to Deny Benefits. If SWHP determines that all or a part of the benefit is not payable under the Plan, SWHP shall notify the claimant of the denial and of the claimants right to appeal the denial. The notification shall be designed to comply with the Plan and ERISA requirements for denial notices, including, without limitation, a description of the Plan's review or appeal procedure, including applicable time limits, plus a statement of the claimant' s
26
4.S33055.'. I 26609, 32 right to bring suit under ERISA with respect to any adverse benefit determination after an appeal.
4. Appeals.
a. SWHP's Review. If SWHP denies a Plan benefit claim, SWHP shall notify the claimant in accordance with the Plan including, without limitation, a description of the Plan' s review or appeal procedure, including applicable time limits, plus a statement of the claimant' s right to bring suit under ERISA with respect to any adverse benefit determination after an appeal.
b. First Level Appeal to SWHP. If, after review of an initial benefits denial appeal, SWHP determines that the benefit is available or is not available under the Plan, SWHP shall notify the claimant of the appeal decision and of the claimant' s right to a second level appeal to the Plan Sponsor. This notification shall be designed to comply with the Plan.
c. Second Level Appeal. If, after completion of the second level appeal, Plan Sponsor determines that the benefit is available or is not available under the Plan, Plan Sponsor shall notify the claimant of the second level appeal decision and of their right to External Review. This notification shall be designed to comply with Plan requirements for final appeal denial notices. In no event will SWHP make any appeal decision in which the exercise of discretion would be involved. In such cases, SWHP will refer such claims to an appropriate named fiduciary designated by Plan Sponsor for the purpose of allowing such party to make the appeals decision. An appropriate named fiduciary designated by Plan Sponsor shall have the discretion, authority, and responsibility to construe and interpret the terms of the Plan, and to make factual decisions and final and binding determinations concerning availability of Plan benefits.
d. External Review. For denials involving medical judgment or rescission of coverage, SWHP shall assign the Participant' s request for External Review to one of at least three nationally accredited External Review Organizations with whom SWHP has contracted. Assignment to an External Review Organization shall be made on a rotating basis based upon all External Review requests received by any person whose benefits are administered by SWHP and who are eligible for the External Review Process.
e Compliance with Plan. All appeals shall be handled in accordance with the requirements of the Plan.
f. Timing
i) Urgent Care. SWHP will process each urgent care appeal within 72 hours after receipt of claimant's request for review. If additional information is needed, the time period for processing the claim will be tolled until the earlier of ( i) SWHP's receipt of the requested additional information.
ii) Other Pre- Service Appeals. SWHP will process each pre-service appeal, whether a first level appeal or a second level appeal, within fifteen ( 15) days after receipt of claimant' s request for review. If there is only one level of appeal
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4833055%. I 26009' 32 available, then SWHP will process each appeal within thirty ( 30) days after receipt of claimant' s request for review. If additional information is needed, the time period for processing the claim will be tolled until the earlier of ( i) SWHP's receipt of the requested additional information.
5. Subrogation.
SWHP shall be responsible for investigation of potential Subrogation under the Plan, for pursuing and enforcing Subrogation under the Plan, and for making settlement decisions involving Subrogation, as described in Exhibit 10, Plan Sponsor shall have no obligations or duties related to Subrogation under the Plan.
6. Claim Run Out.
SWHP will provide claim run out services only if agreed to by the parties in accordance with Section 14. 5 of this Agreement.
1833055.. 1 2660) 32 EXHIBIT 5 MEDICAL MANAGEMENT SERVICES
1. Medical Management Services. " Medical Management Services" include utilization management, disease management, case management and maternity management each of which is further described below).
2. Utilization Management.
a) SWHP shall provide a utilization management program consisting of
i) Preadmission and Admission Review - Reviewing the medical necessity or appropriateness of proposed hospitalizations prior thereto.
ii) Concurrent Review - Monitoring of the medical necessity or appropriateness of an ongoing hospital stay.
Hi) Outpatient Surgical Review - Reviewing the medical necessity or appropriateness of certain proposed outpatient surgical procedures.
iv) Mental Health and Chemical Dependency Review
Inpatient - Preadmission, admission and concurrent review of the medical necessity or appropriateness of all proposed hospitalization for psychiatric or chemical dependency treatment.
Outpatient - Review of the medical necessity or appropriateness of all proposed outpatient psychiatric or chemical dependency treatment plans.
v) Specialized Services and Supplies Review - Reviewing the medical necessity of certain proposed services and supplies, including the review of Specialty Drugs and Medicines as described in the Plan.
b) SWHP shall design an explanation of the utilization management program for Participants.
c) If SWHP determines that the health care item or service being reviewed pursuant to utilization management is medically necessary or appropriate under the terms of the Plan, then SWHP shall provide authorization with respect to that item or service to the extent that the item or service and the Participant are covered by the Plan. If SWHP determines that the item or service is not medically necessary or appropriate under the terms of the Plan, SWHP shall deny authorization with respect to such item or service. SWHP shall notify the Participant of the denial and of the Participant' s right to appeal the denial. This notification shall comply with the terms of the Plan. If a denial is appealed, SWHP will provide a written recommendation to Plan Sponsor. Plan Sponsor will have the final authority to agree to or override the appeal recommendation of SWHP.
y
1823055. I 26600?32 d) Timing.
i) Urgent Care. SWHP will process requests for urgent care within 72 hours after receipt. If additional information is needed, SWHP will request such information within 24 hours after receipt of the request. In such event SWHP shall have an additional 48 hours to process the request, beginning on the earlier of ( i) SWHP's receipt of the requested additional information, or ( ii) the end of the period during which the claimant has to respond to the request for additional information.
ii) Concurrent Review. SWHP will process requests for Concurrent Review within the following timeframes:
a. If the request involves both urgent care and the extension of a course of treatment beyond the period of time or number of treatments previously approved, SWHP will process the request within 24 hours after receipt of the request.
b. If a request to extend a course of treatment beyond the period of time or number of treatments previously approved does not involve urgent care, the request may be treated as a new benefit request and decided within the timeframe appropriate to the type of request ( i. e. as a pre service request or a post-service request).
iii) Other Pre- Service Requests. SWHP will process other pre- services requests within fifteen ( 15) days after receipt. If, because of reasons beyond SWHP' s control, more time is needed to review the request, SWHP will have an additional fifteen ( 15) days. If additional information is needed, the time period for processing the request will be tolled until the earlier of ( i) SWHP' s receipt of the requested additional information, or ( ii) the end of the period during which the claimant has to respond to the request for additional information.
e) Independent Contractor. SWHP shall perform its services hereunder as an independent contractor and assumes no authority to bind Plan Sponsor to any of the utilization management recommendations, assessments or review opinions. These recommendations, assessments and opinions are available to assist in making claims decisions under the Plan, but are not intended to be a substitute for actual claims decisions. Claims decisions are subject to all applicable provisions of the Plan.
f) Referrals to Plan Sponsor. Notwithstanding anything to the contrary in this Exhibit, SWHP shall refer to an appropriate named fiduciary designated by Plan Sponsor, for the purpose of allowing such party to review and make benefits and appeals decisions, any class of claims specified in writing by Plan Sponsor or any claim or other matter that SWHP determines involves: ( a) a threat of lawsuit or other legal or regulatory action, ( b) a threat of disclosure to the media, ( c) the exercise of discretion, or ( d) any request for an exception to the terms of the Plan. An appropriate named fiduciary designated by Plan Sponsor shall have the discretion, authority, and responsibility to construe and interpret the terms of the Plan, and to make factual decisions and final and binding determinations concerning availability of Plan benefits. An appropriate named fiduciary
30
1933055. I 24609! 3+ designated by Plan Sponsor shall make all final decisions on appeals and Plan claims referred by SWHP and advise SWHP as to their disposition.
g) Purpose of Utilization Management. The utilization management program described herein is designed to help determine if certain health care services may be recommended for certification as medically necessary or appropriate under the terms of the Plan. SWHP shall use the results of the utilization management program to assist Plan Sponsor in making claims decisions under the Plan. The utilization management program is not intended to be a substitute for actual claims decisions. Claims decisions are subject to all applicable provisions of the Plan. The decision or determination to obtain or deliver any health care services is always made only by the patient ( and his or her parent or guardian, if appropriate) and his or her health care provider.
3. Disease Management. SWHP shall arrange for a disease management program consisting of education and support for individuals with specific chronic conditions. As part of such program, it is understood that SWHP shall furnish to its disease management provider claim data to support the identification of prospective participants in specific disease management programs.
4. Case Management. SWHP shall provide case management services consisting of assistance in the design of medically necessary treatment plans for more cost-effective treatment of high cost patient care. SWHP shall assess for the appropriateness of case management involving certain medical conditions of a Participant. If SWHP determines that the Participant' s condition is appropriate for case management involvement, SWHP shall work with the Participant' s health care provider to develop recommendations for an appropriate and cost-effective course of treatment for the condition. If the course of treatment developed pursuant to case management includes items or services which are not otherwise covered by the Plan, and the participant and the Participant's health care provider decide to follow the course of treatment, the items and services that are part of the course of treatment shall be paid for by the Plan. Plan Sponsor hereby expressly consents to courses of treatment which have been agreed to by SWHP and the Participant' s provider.
5. Maternity Management. Maternity management is a service designed to promote healthy pregnancies through early prenatal care, education, early identification of high risk factors and, if necessary, early case management.
6. Records. SWHP shall own all records ( other than records, which belong to a subcontractor) arising out of the administration of services under this Exhibit.
7. Explanation of Services. Plan Sponsor shall distribute SWHP' s explanation of its services herein to employees covered under the Plan.
8. Subcontractors. Plan Sponsor acknowledges and agrees that SWHP does not assume any liability for the negligent, fraudulent, dishonest or other acts or omissions of any subcontractor providing Medical Management Services.
9. Termination.
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4833055.. 1 26609' 32 a) Utilization Management. Termination of this Agreement or the performance of SWHP' s utilization management services shall not affect those reviews of Participants that are in progress on or before the effective date of termination unless SWHP terminates its services because an agreement between SWHP and a subcontractor terminates, or a subcontractor is otherwise unable, unwilling or fails to provide utilization management in accordance with this Agreement. When SWHP's services terminate for this reason, SWHP shall use its best efforts to arrange for completion of services in progress on or before the effective date of termination of the services hereunder. No review activities shall be initiated after termination of this Agreement or termination of SWHP's utilization management services unless SWHP agrees in writing to continue the services or to arrange for the provision of such services by another party or parties.
b) Disease, Case, and Maternity Management. SWHP shall cease all disease management, case management or maternity management services as of the date of termination of this Agreement or such services.
10. Change in Services. The Medical Management Services described herein may be changed or modified at any time, at the option of SWHP, to conform to any change or modification to this Agreement or to an agreement between SWHP and a subcontractor that affects the obligation of the parties hereunder. SWHP agrees to give Plan Sponsor written notice of any such changes or modifications to its agreement with a subcontractor or of any changes in the identity of a subcontractor.
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4843055.. 1 26609, 32 EXHIBIT 6 MANAGED CARE NETWORK SERVICES
This Exhibit describes the terms and conditions that apply to Plan Sponsor's access to SWHP' s Managed Care Network.
1. Definitions. The following definitions apply for purposes of this Exhibit:
a) " Managed Care Network' means the network, as it is constituted from time to time, of selected health care providers who have entered into agreements with SWHP, or with a party that has contracted with SWHP, to make themselves available to provide health care or prescription drugs to Participants. For purposes of this Exhibit, " health care provider" shall also mean " dental care provider', and " health care" and " health care services" shall also mean " dental care" and "dental care services."
b) " Network Provider' means a health care provider who has entered into an agreement with SWHP, or with a party that has contracted with SWHP, to participate in the Managed Care Network.
c) " Non- Network Provider" means a health care provider who is not a Network Provider.
2. Managed Care Network Services.
a) SWHP shall make available to Participants a Managed Care Network in geographical sites agreed upon by SWHP and Plan Sponsor.
b) SWHP shall provide Plan Sponsor:
i) Participant identification cards, if applicable;
ii) Directories of Network Providers and the health care services available from them;
Hi) A process through which Participants may be referred to Non- Network Providers in circumstances where Network Providers are not reasonably available to provide services to Participants ( this subsection ( iii) does not apply to dental care providers); and
iv) A grievance process for Participants with respect to their use of Network Providers.
c) The number, type and particular health care providers who are Network Providers may change at any time. However, SWHP shall periodically notify Plan Sponsor, or make available to Plan Sponsor through the Internet, information regarding changes in the Managed Care Network. Such information shall be provided in advance or as soon as reasonably possible.
d) Unless Plan Sponsor has requested a Custom Network and agreed to pay the Custom Network Fees as provided in Exhibit 1, SWHP shall determine whether,
33
4813053. 1 16409, which and under what conditions health care providers shall participate in the Managed Care Network.
3. Status of Providers. Plan Sponsor understands and agrees that the agreements between Network Providers or Non- Network Providers and SWHP do not create a relationship of employer and employee, principal and agent, joint venturers, partners or any other relationship other than independent contractors. Plan Sponsor further understands and agrees that SWHP is not responsible for any care rendered or not rendered or health care item or service provided or not provided to Participants by Network Providers or Non- Network Providers and that SWHP shall not be providing any health care pursuant to this Agreement. Health care providers and Participants are solely responsible for any health care services rendered to Participants and for all treatment decisions.
4. Amount of Plan Benefits. Plan benefits for health care services furnished by Network Providers shall be equal to the amounts the Network Providers have agreed to accept in the contractual arrangements governing the Network Providers' participation in the Managed Care Network.
5. Benefit Differentials. Plan Sponsor represents and warrants that its Plan provides a higher level of benefits for health care services that are rendered by Network Providers than for health care services that are rendered by Non- Network Providers. If the Managed Care Network requires, now or in the future, a certain benefit differential, Plan Sponsor shall amend the Plan to provide such benefit differential. ( This Section 5 does not apply to dental care services and dental care providers.)
6. Network Provider Agreements. SWHP may enter into agreements with Network Providers (" Network Provider Agreements"), which agreements may, among other provisions, specify fee amounts which shall be accepted by Network Providers as payment in full for health care services provided to Participants.
Plan Sponsor agrees to be bound by and comply with all terms and conditions of Network Provider Agreements which apply to Plan Sponsor and the Plan.
7. Direct Provider Agreements: If Plan Sponsor has direct agreements with any providers to provide health care services to Participants, SWHP will include such direct provider agreements in its administration of benefits, so long as Plan Sponsor has notified SWHP of such direct provider agreements and supplied copies of such direct provider agreements to SWHP. SWHP shall only display those providers, which have been successfully contracted and credentialed by SWHP, on its website or in its paper directories.
8. Inspection of Agreements. Plan Sponsor may inspect, at its sole cost, all Network Provider Agreements applicable to the Plan at SWHP's Home Office, during SWHP' s regular business hours, subject to any confidentiality restrictions in such agreements. Upon request from Plan Sponsor, SWHP shall, at no cost to Plan Sponsor, furnish one copy of any applicable standard form Network Provider Agreement intended for use with health care providers. Upon request from Plan Sponsor and at SWHP' s sole cost, SWHP shall furnish Plan Sponsor with a copy of all applicable Network Provider Agreements with health care providers, subject to any confidentiality restrictions in such agreements. Plan Sponsor shall hold all copies of Network Provider Agreements
34
833055._ 1 20609132 in a confidential manner and shall not disclose any of the terms of such agreements to any other party without SWHP' s prior written consent.
9. Liability. SWHP and Plan Sponsor do not assume any liability for the negligent, fraudulent or any other acts or omissions of any Network Provider or Non- Network Provider. It is acknowledged that SWHP and Plan Sponsor have no control over patient care. Health care providers are solely responsible for the quality of health care services.
10. Participation of Providers. The participation of a specific health care provider in the Managed Care Network may terminate in accordance with the terms of the applicable Network Provider Agreement.
11. Managed Care Services Information. Prior to the Effective Date, Plan Sponsor shall provide Participants with written material describing the managed care services set forth in this Agreement reasonably needed by Participants to use the services.
12. Wrap Network. When available, SWHP will provide access to a wrap network of healthcare service providers for out-of-network services rendered. Through this service, a negotiated rate will be applied to the out- of-network claims.
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4831055v. 1 26t O` P32 EXHIBIT 7 SWHP' RESPONSIBILITIES
SWHP shall provide these services and comply with its other duties and obligations described in this Agreement and the Exhibits attached hereto.
1. Disease Management. Disease management are services aimed at improving quality of life for individuals with chronic conditions by preventing or minimizing the effects of the disease through integrated care. SWHP's disease management programs provide targeted outreach to members with certain chronic conditions. The programs are also accessible by members to gain educational resources and to interact with health coaches regarding a total of 65 chronic conditions.
2. Health & Wellness. SWHP Wellness provides members with access to a National Committee on Quality Assurance ( NCQA) certified online wellness assessment as the initial step in allowing members to identify their health status. Immediately upon completion, members are provided a summary of their responses and their top health risks are identified in their personal health assessments. Each personal health assessment also provides a plan of action on how the members can utilize the associated digital health coaching programs. The digital health coaching programs are designed by healthcare professionals and are aimed at providing members educational resources on how and why to make healthier choices and personalized lifestyle changes. Digital Health Coaching Programs currently offered include: Balance —Manage Your Weight —Your mind, body and food habits are all key to managing your weight. Balance addresses all three to help you reach your goals and maximize your energy. Nourish —Eat Healthier —Nourish can help you improve your eating habits and your overall relationship with food, one bite at a time. Relax — Deal with Stress — Relax puts your sources and symptoms of tension under a microscope, then unveils strategies to help keep you calm under pressure. Breathe — Quit Smoking — Breathe gives you the skills to help conquer your cravings and say goodbye to cigarettes for good. Care for Depression — Care for Depression provides individualized help in the setting and at the time or your choice. Dream — Sleep Better — Short on energy and focus during the day? Dream is packed with research- based strategies for conquering sleepless nights. Care for Your Health —Care for Chronic Conditions —Be the quarterback of your health care team, not a spectator. Care for Your Health reveals tactics and secrets to help you handle any chronic condition. Care for Pain — Care for Chronic Pain — Your pain is unique and so is the way you respond to it. Care for Pain helps you focus more on the things that matter most to you.
3. Nurse Advice Line. The Nurse Advice Line is available to members 24 hours a day, 365 days a year. Nurses can give members information about how to take care of themselves at home or can help members decide if an appointment, an urgent care visit or an emergency room visit is best for a member' s symptoms. The Nurse Advice Line can be contacted at 1- 877- 505- 7947.
36
JR11055%. I 260912 4. Health and Wellness Solutions. Johnson & Johnson Health and Wellness Solutions provides members with access to a National Committee on Quality Assurance ( NCQA) certified online wellness assessment as the initial step in allowing members to identify their health status. Immediately upon completion, members are provided a summary of their responses and their top health risks are identified in their personal health assessment. The personal health assessment also provides a plan of action on how members can utilize the associated digital health coaching programs. The digital health coaching programs are designed by healthcare professionals and are aimed at providing members educational resources on how and why to make healthier choices and personalized lifestyle changes.
5. Pharmacy Benefit Management. If Plan Sponsor contracts with a pharmacy benefit manger ( the " PBM"), SWHP shall coordinate eligibility, claims and other necessary information with the PBM. Unless otherwise provided by the PBM, out of network drug claims shall be administrated by SWHP as medical claims, with each claim payment subject to the requirements for payment of claims under applicable law and this Agreement.
6. Plan Revision Consultation. SWHP shall advise and assist Plan Sponsor in a consultative capacity with regard to the benefits under the Plan and any subsequent revisions of the Plan from time to time, including assistance with respect to the terms and conditions of the Plan, subject to Plan Sponsors discursion and authority.
7. Plan Document/Summary Plan Document. SWHP will assist with the design and preparation of the Summary Plan Description (" SPD").
8. Plan Document/SPD Printing and Mailing. SWHP will print and mail the Plan Document/SPD.
9. Custom Reports. SWHP shall provide customized reports as may be requested by Plan Sponsor upon agreement of the parties as to content, format, and timing.
10. State Surcharges. Certain states require payors, including ERISA plans and their administrators, to pay surcharges on medical services rendered by certain medical providers in that state. Plan Sponsor hereby authorizes SWHP to file the appropriate forms in such states to minimize the amount of such surcharges, to the extent possible, and SWHP shall pay such surcharges to the appropriate state entities in such states by issuing a Check against the Plan Benefit Account.
11. Plan Reporting.
a. Information. SWHP shall provide Plan Sponsor with information it may need to comply with its reporting and disclosure requirements.
b. Report Preparation. SWHP shall prepare information reports required in connection with claim payments under the Plan to providers of health care services pursuant to Sec. 6041 of the Internal Revenue Code ( Form 1099 Misc).
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J83 055%. I 26009' 32 EXHIBIT 8 PERFORMANCE GUARANTEES
General Performance Guarantee Provisions
Scott and White Health Plan (" SWHP") provides health benefits administration and other services for the self- funded program of medical and prescription drug benefits maintained by Plan Sponsor for its eligible employees, retirees and their eligible dependents( the" Plan").
Performance Objectives
SWHP and Plan Sponsor have agreed that measuring the activities described below are important indicators SWHP' s performance administering services for Plan Sponsor. SWHP will provide the following performance guarantees: Fees Performance Standards I SWHP Performance Objectives at risk Member Satisfaction SWHP will provide a member satisfaction survey to McLennan County 5. 0% members. The scoring system will be from 1 to 5, wherein 1 represents Extremely Dissatisfied" and 5 represents" Extremely Satisfied". A score of 3 and better qualifies as a satisfactory metric response. Upon quarterly administrator survey tool with an average evaluation score of 3. 0 or higher on a 5. 0 scale). Responses from 15% of members are required for the results to be eligible for payout.
Payment Accuracy Claim adjudication payment process will meet 97% payment accuracy any 7. 5% given quarter.
Claim Adjudication Average claim processing turnaround time for non- investigated 7. 5% Turnaround- Non- claims during the contract period will not exceed an average of 16 business Investigated Claims days, not calendar days, for 90% of processed claims.
Claim Dollar Payment Average claim payment accuracy, as measured by the dollar amount of 7. 5% Accuracy claims paid accurately divided by the total dollars, will be 98% or higher in any given quarter. Definition: Accuracy shall be determined by dividing the total dollar amounts overpaid, as well as underpaid, by the sum of amounts actually paid. This is the error rate that then is subtracted from 100% to determine the claims accuracy level.
Standard reports will be delivered within 30 calendar days of the previous Data Reporting Delivery month. 5. 0%
Average Speed to 80% within 60 seconds. 3. 75% Answer( all calls)
Abandonment Rate 5% 3. 75%
Claim Cost Target Should Actual claim cost will not exceed 110. 0% of projection, Based on 10%
actual monthly enrollment
TOTAL I I 50%
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1% 33055.. I 26609' 32 SWP Claim Cost Target is based on the following terms: Paid Claims Net of specific stop loss claims The stop loss level is S 1 75. 000 1. 54 average members per contract Current dual option benefit plan
Current employer contribution Includes medical and prescription drug claims. Claim Cost Target
Claim Cost Target Calculation:
Per member per month S438. 00
r of members 1. 3 I I Monthly Target based on current enrollment S574, 218.00 Annual Target based on current enrollment S6. 890, 616.00
Aggregate Maximum
In total. SWFIP agrees to place no greater than a cumulative 50% of its Administrative Fees at risk through the Performance Guarantees outlined in this document.
Termination Provisions
Temmination of these Performance Guarantees shall become effective upon written notice by SWIil' in the event of a material change in the Plan or by legislative action that impacts the claim adjudication process, member service functions or network management.
Refund Process
No later than forty- five (45) days following the end of each calendar quarter. SWHP will compile its Performance Guarantees results in a report ( the" Performance Report"). SWHP will also prepare a year-end Performance Report at the end of the policy year to be delivered no later than forty- five( 45) days after the end of the policy year. SWHP will provide the appropriate credit to the Plan Sponsor' s monthly invoice should SWHP not met the guarantee.
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4133055%.1 260'1132 EXHIBIT 9 SUBROGATION SERVICES
SWHP will provide assistance to Plan Sponsor for subrogation/ reimbursement services, which will be delegated to an organization of SWHP's choosing. Any reference in this section to " SWHP" shall be deemed to include a reference to its contracted representative, unless a different meaning is clearly required by the context.
Subrogation/reimbursement language must be included in the Plan Sponsor's summary plan description ( SPD) and the SPD must be finalized and available to Plan Sponsor's employees. SWHP will continue to process claims during the investigation process. SWHP will not pend or deny claims for subrogation/ reimbursement purposes.
SWHP or its contracted representative shall retain 30% percent of any monies collected while pursuing subrogation/ reimbursement recoveries.
Reasonable expenses include but are not limited to ( a) collection agency fees, ( b) police and fire reports, ( c) asset checks, ( d) locate reports, ( e) administrative fees, and ( f) attorneys' fees. SWHP shall advise Plan Sponsor if the pursuit of recovery requires initiation of formal litigation. In such event, Plan Sponsor shall have the option to approve or disapprove the initiation of litigation.
SWHP will credit net recoveries to Plan Sponsor. SWHP does not adjust individual member claims for subrogation/ reimbursement recoveries.
SWHP has the exclusive discretion: ( a) to decide whether to pursue potential recoveries on subrogation/reimbursement claims; (b) to determine the reasonable methods used to pursue recoveries on such claims, subject to the proviso with respect to initiation of formal litigation above; and ( c) to decide whether to accept any settlement offer relating to a subrogation/ reimbursement claim.
If no monies are recovered as a result of the subrogation/reimbursement pursuit, no fees or expenses incurred by SWHP for subrogation/ reimbursement activities will be charged to Plan Sponsor.
Notwithstanding the above, should Plan Sponsor pursue, recover by settlement or otherwise, waive any subrogation/ reimbursement claim, or instruct SWHP to cease pursuit of a potential subrogation claim, SWHP will be entitled to its standard fee, which will be calculated based on the full amount of claims paid at the time Plan Sponsor resolves the file or instructs SWHP to cease pursuit, but only if the potential subrogation/ reimbursement source was identified to Plan Sponsor by SWHP and not by the Plan Sponsor's own efforts.
If Plan Sponsor notifies SWHP of its election to terminate the Services provided by SWHP, all claims identified for potential subrogation/ reimbursement recovery prior to the date notification of such election is received ( i. e., pending claims) shall be handled to conclusion by SWHP and shall be governed by the terms of this provision, unless otherwise mutually agreed. SWHP will not investigate or handle subrogation/reimbursement cases or recoveries on any matters identified after Plan Sponsor's termination date.
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48330550 24609/ 3' EXHIBIT 10 BUSINESS ASSOCIATE AGREEMENT
Business Associate Agreement
THIS BUSINESS ASSOCIATE AGREEMENT ( this " BAA"), dated as of 2016, is entered into by and between SCOTT & WHITE HEALTH PLAN ("Business Associate") and those Employee Welfare Benefit Plans ( as defined in the Employee Retirement Income Security Act of 1974) ( each, a " Covered Entity"), subject to 45 CFR Parts 160 and 164, Subparts A and E and 45 CFR Parts 160 and 164, Subpart C, and on whose behalf this BAA has been executed and delivered. Business Associate and Covered Entity are referred to herein from time to time each individually as a " Party" and collectively as the " Parties." Capitalized terms used herein but not otherwise defined in this BAA will have the same meaning as the meaning ascribed to such terms in the HIPAA Rules ( as defined below).
WHEREAS, pursuant to certain services agreements ( the " Agreements"), Business Associate provides services to Covered Entity that may involve the use, disclosure, transmission, maintenance and/ or creation of Protected Health Information; and
WHEREAS, Business Associate and Covered Entity are committed to compliance with the Privacy, Security, Breach Notification and Enforcement Rules of the Health Insurance Portability and Accountability Act of 1996 (" HIPAA") at 45 CFR Parts 160 and 164 and any current and future regulations promulgated thereunder (collectively, the "HIPAA Rules"):
NOW, THEREFORE, in consideration of the mutual covenants and agreements herein, and for other good and valuable consideration, the Parties agree as follows:
I. DEFINITIONS purposes of this BAA, the following terms shall have the meanings ascribed to them below:
A. Breach. " Breach" shall have the same meaning as the term " breach" in 45 CFR 164.402, subject to all exclusions under 45 CFR §§ 164. 402( 1)( i), ( ii) and ( iii).
B. Electronic Protected Health Information. " Electronic Protected Health Information" or ePHI" shall have the same meaning as the term " electronic protected health information" in 45 CFR § 160. 103, limited to the information created or received by Business Associate from or on behalf of Covered Entity.
C. Electronic Transactions Rule. " Electronic Transactions Rule" shall mean the final regulations issued by HHS concerning standard transactions and code sets under 45 CFR Parts 160 and 162.
D. HHS. " HHS" shall mean the U. S. Department of Health and Human Services.
E. Individual. " Individual" shall have the same meaning as the term " individual" in 45 CFR § 160. 103.
F. Protected Health Information. " Protected Health Information" or " PHI" shall have the same meaning as the term " protected health information" in 45 CFR § 160. 103. limited to the information created or received by Business Associate from or on
4I
4813055x. 1 26609/ 12 behalf of Covered Entity, including but not limited to Electronic Protected Health Information.
G. Required By Law. " Required by Law" shall have the same meaning as the term required by law" at 45 CFR § 164. 103 and the standards imposed at 45 CFR 164. 512( a).
H. Secretary. "Secretary" shall mean the Secretary of HHS.
Security Incident. "Security Incident" shall have the same meaning as the term security incident" in 45 CFR § 164. 304.
J. Transaction. "Transaction" shall have the meaning as the term " transaction" in 45 CFR § 160. 103.
K. Unsecured Protected Health Information. " Unsecured protected health information" shall have the meaning as the term " unsecured protected health information" in 45 CFR § 164. 402.
II. OBLIGATIONS OF BUSINESS ASSOCIATE
Business Associate agrees:
A. Not to use or disclose Protected Health Information other than ( i) as permitted or required by this BAA, ( ii) as permitted or required to perform its obligations pursuant to the Agreements, or ( iii) as Required by Law.
B. To use appropriate safeguards, and comply with Subpart C of 45 CFR Part 164 with respect to Electronic Protected Health Information, to prevent the use or disclosure of PHI other than as provided for by this BAA.
C. To mitigate, to the extent practicable, any harmful effect that is known to Business Associate of a use or disclosure of PHI by Business Associate in violation of the requirements of this BAA.
D. To report to the appropriate Covered Entity any use or disclosure of PHI not provided for by this BAA of which it becomes aware.
E. In accordance with 45 CFR §§ 164. 502( e)( 1)( ii) and 164. 308( b)( 2), if applicable, to ensure that any subcontractor that creates, receives, maintains or transmits Protected Health Information on behalf of Business Associate agrees to the same restrictions and conditions that apply through this BAA to Business Associate with respect to such PHI. If Business Associate becomes aware of a pattern or practice by the subcontractor that violates such agreement, Business Associate shall take steps to cure the breach or end the violation. If efforts to cure the breach or end the violation are not successful, Business Associate shall terminate its arrangement with the subcontractor, if feasible. If not feasible. Business Associate shall notify Covered Entity of the breach or violation.
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4833055%. 1 21,409, 32 F. To make available, at the request of Covered Entity, and in the form and format designated by such Covered Entity, PHI in a Designated Record Set, to Covered Entity or, as directed by Covered Entity, to the requesting Individual or such Individual' s designee, within the time period necessary to meet the requirements under 45 CFR § 164. 524; provided, however, that this Section II. G is applicable only to the extent Business Associate is required to maintain a Designated Record Set for the particular Covered Entity pursuant to the terms of the Agreements.
G. To make any amendment( s) to PHI in a Designated Record Set as directed or agreed to by Covered Entity pursuant to 45 CFR § 164. 526, or to take other measures as necessary to satisfy Covered Entity' s obligations under 45 CFR § 164. 526; provided, however, that this Section II. H is applicable only to the extent Business Associate is required to maintain a Designated Record Set for the particular Covered Entity pursuant to the terms of the Agreements.
H. To make applicable internal practices, books and records available to the Secretary or his designee for purposes of the Secretary's determining Business Associate' s compliance with the HIPAA Rules.
To maintain and make available upon request by Covered Entity the information required to provide an accounting of disclosures as necessary to satisfy Covered Entity' s obligations under 45 CFR § 164. 528.
J. Without unreasonable delay and in no case later than sixty ( 60) days following discovery by Business Associate ( except as otherwise required under 45 CFR 164.412), Business Associate will notify Covered Entity in writing of any Breach of Unsecured Protected Health Information. Business Associate shall provide Covered Entity, to the extent known, the identity of each Individual whose Unsecured Protected Health Information has, or is reasonably believed by Business Associate, to have been affected by the Breach. In addition, Business Associate shall provide to Covered Entity, either at the time it provides notice to Covered Entity of the Breach or promptly thereafter as information becomes available, any other information that Covered Entity is required to include in its notification to an Individual under 45 CFR 164.404(c).
K. In the event Business Associate transmits or receives a Transaction on behalf of Covered Entity, it shall comply with all provisions of the Electronic Transactions Rule to the extent applicable.
L. To the extent Business Associate is to carry out one or more of Covered Entity's obligation( s) under Subpart E of 45 CFR Part 164, Business Associate shall comply with the requirements of Subpart E that apply to Covered Entity in the performance of such obligation( s).
M. In its performance of the functions, activities, services, and operations for Covered Entity, Business Associate agrees to make only the minimum necessary uses and disclosures and requests for Protected Health Information.
N. Business Associate shall not engage in the Sale of Protected Health Information or otherwise directly or indirectly receive direct or indirect remuneration in exchange for the disclosure of Protected Health Information of an Individual, unless Covered Entity
13
4$ 33US5vI 26609' 32 or Business Associate has obtained a valid authorization from the Individual, consistent with the requirements under 45 CFR § 164. 508.
III. PERMUTED USES AND DISCLOSURES BY BUSINESS ASSOCIATE
Except as otherwise limited in this BAA, Business Associate may:
A. Use or disclose PHI for purposes of performing the functions, activities or services for, or on behalf of, each Covered Entity as specified in the Agreements, provided that such use or disclosure would not violate Subpart E of 45 CFR Part 164 if done by Covered Entity or is permitted under paragraphs B and C below.
B. Use PHI for all appropriate management and administrative functions of Business Associate, or as needed to carry out the legal responsibilities of Business Associate.
C. Disclose PHI for all appropriate management and administrative functions of Business Associate, or as needed to carry out the legal responsibilities of Business Associate, provided that such disclosures are either Required by Law, or Business Associate obtains reasonable assurances from the person to whom the information is disclosed that it will remain confidential and will be used or further disclosed only as Required by Law or for the purpose for which it was disclosed to the person, and the person notifies Business Associate of any instances of which it is aware in which the confidentiality of the information has been breached.
IV. OBLIGATIONS OF COVERED ENTITY
Each Covered Entity shall:
A. Provide Business Associate with the notice of privacy practices that Covered Entity produces in accordance with 45 CFR § 164. 520, as well as any changes to such
notice.
B. Provide Business Associate with any changes in, or revocation of, permission by an Individual to use or disclose PHI, if such changes affect Business Associate's permitted or required uses and disclosures.
C. Notify Business Associate of any restriction to the use or disclosure of PHI that Covered Entity has agreed to in accordance with 45 CFR § 164. 522, to the extent that such restriction may affect Business Associate' s use or disclosure of PHI.
D. Not request Business Associate to use or disclose PHI in any manner that would not be permissible under the Subpart E of 45 CFR Part 164 if done by Covered Entity, except as set forth in Sections III. B and C.
E. Disclose only the minimum necessary Protected Health Information to Business Associate as may be required for Business Associate to perform its services to Covered Entity, except that Covered Entity will not be obligated to comply with this minimum necessary limitation if neither Business Associate nor Covered Entity is required to limit its use, disclosure or request to the minimum necessary.
44
4811055. 1 26609' 31 V. TERM AND TERMINATION
A. Term. As to each Covered Entity, the term of this BAA shall be effective as of the date set forth above in the first paragraph. This BAA shall terminate on the date Business Associate ceases to be obligated to perform functions, activities or services for Covered Entity under the Agreements. However, Business Associate' s obligations under Articles II, Ill and V shall survive the termination of this BAA with respect to any PHI so long as it remains in the possession of Business Associate.
B. Termination for Cause. Without limiting the rights of the Parties respecting termination under the Parties' Agreement:
1. By Covered Entity. Upon Covered Entity' s knowledge of a pattern of an activity or practice of Business Associate that constitutes a material breach or violation of this BAA by Business Associate with respect to PHI maintained for that Covered Entity, such Covered Entity shall provide an opportunity for Business Associate to cure the breach or end the violation. Covered Entity shall terminate this BAA and the Agreement if Business Associate does not cure the breach or end the violation within such reasonable time as is specified by Covered Entity, or immediately terminate this BAA and the Agreement if Business Associate has breached or violated a material term of this BAA and cure is not possible. However, Business Associate' s Agreement(s) and the terms of this BAA with respect to any other Covered Entity shall continue to remain in effect until otherwise terminated.
2. By Business Associate. Upon Business Associate' s knowledge of a pattern of an activity or practice of Covered Entity that constitutes a material breach or violation of this BAA by such Covered Entity, Business Associate shall provide an opportunity for Covered Entity to cure the breach or end the violation. Business Associate shall terminate this BAA and the Agreement with respect to that Covered Entity if Covered Entity does not cure the breach or end the violation within such reasonable time as is specified by Business Associate, or immediately terminate this BAA and the Agreement with respect to that Covered Entity if Covered Entity has breached or violated a material term of this BAA and cure is not possible. However, Business Associate' s Agreement( s) and the terms of this BAA with respect to any other Covered Entity shall continue to remain in effect until otherwise terminated.
C. Effect of Termination. Upon termination of this BAA for any reason, Business Associate, with respect to Protected Health Information received from Covered Entity, or created, maintained, or received by Business Associate on behalf of Covered Entity, shall:
1. Retain only that PHI which is necessary for Business Associate to continue its proper management and administration or to carry out its legal responsibilities;
2. Return to Covered Entity or destroy the remaining PHI that Business Associate still maintains in any form;
45
4833055.. 1 26600/ 32 3. Continue to use appropriate safeguards and comply with Subpart C of 45 CFR Part 164 with respect to Electronic Protected Health Information to prevent use or disclosure of the PHI, other than as provided for in this Section V.C, for as long as Business Associate retains the PHI;
4. Not use or disclose the PHI retained by Business Associate other than for the purposes for which such PHI was retained and subject to the same conditions set out under Sections 111. 13 and III. 0 which applied prior to termination: and
5. Return to Covered Entity or destroy the PHI retained by Business Associate when it is no longer needed by Business Associate for its proper management and administration or to carry out its legal responsibilities.
VI. MISCELLANEOUS PROVISIONS
A. Regulatory References. A reference in this BAA to a section in the HIPAA Rules means the section as in effect or as amended, and for which compliance is required at the time of the use or disclosure in question. In case a specific regulatory reference used in this BAA changes, as may occur when an enforcement body moves or otherwise changes its numbering system, this BAA shall remain in place and the Parties subject to the BAA shall use all reasonable efforts to discern the correct and applicable reference currently in effect in order to optimally satisfy compliance obligations as set forth under governing law.
B. Amendment. The Parties agree to take appropriate action as necessary to amend this BAA from time to time in order for Covered Entity and Business Associate to comply with the HIPAA Rules. Moreover, to the extent permitted by applicable law, upon the compliance date of any final regulation, or amendment to final regulation promulgated by HHS that affects Business Associate or Covered Entity's obligations under this BAA, this BAA will automatically amend such that the obligations imposed on Business Associate or Covered Entity remain in compliance with the final regulation or amendment to final regulation.
C. Survival. The respective rights and obligations of the Parties to this Agreement shall survive the termination of this Agreement.
D. Governing Law. This BAA shall be governed by the laws of the State of Texas.
E. Notices. All notices hereunder shall be in writing and delivered by hand, by certified mail, return receipt requested or by overnight delivery. Notices shall be directed to the Parties at their respective addresses set forth below their signature, as appropriate, or at such other addresses as the Parties may from time to time designate in writing.
F. Entire Agreement; Modification. This BAA represents the entire agreement between Business Associate and each Covered Entity relating to the subject matter hereof and supersedes all prior oral and written agreements relating to the subject matter hereof. No provision of this BAA may be modified, except in writing, signed by the Parties.
46
1S33055'. I 2660462 G. No Third Party Beneficiaries. There shall be no third party beneficiaries to this BAA, and no individual ( including an Individual) or entity who is not a party to this BAA shall have any rights in connection with a breach or violation of this BAA.
H. Binding Effect. This BAA shall be binding upon the Parties hereto and their successors and assigns.
Counterparts and Signature. This BAA may be executed in any number of counterparts, which, when taken together, shall constitute one original. This BAA may be executed by an electronic or facsimile signature of an authorized representative of the Parties, and any such signature shall be deemed to be an original signature and shall be binding on the Parties to the same extent as if such electronic or facsimile signature were an original signature.
J. Interpretation of this Agreement. Any ambiguity in this BAA shall be resolved in favor of a meaning that permits the Parties to comply with applicable law.
Remainder of page left intentionally blank]
47
483305) v. i 26404132 is Scort6AVI, irc orA iv HEALTH PLAN I. Pial w e•• tan cco', a*+ ilt' I& ."
Scott & White Administration Services Proposal for McLennan County - Effective Date October 1, 2016 to October 1, 2018
Administrative Costs ( PEPM unless otherwise stated)* Oct 2016 Oct 2017 Oct 2018 Administration Fee 29.84 30.89 31. 97 SWHP Network Access included included included Utilization Management included included included Specialized Claims Recoveries included included included Complex Case Management included included included Johnson & Johnson Health & Wellness Solutions included included included Disease Management included included included Health & Wellness included included included Nurse Advice Line included included included Standard Open Enrollment Material included included included Broker commission N/ A N/ A N/ A
Primary Network Access Fee included included included Composite Cost 29.84 30.89 31. 97
Other Fees** Wrap Network Access Fee 17% of Savings Subrogation 23% of Savings Pharmacy Benefit Management ( PBM) 3. 00 per script
Optional Services*" Cobra Administration 0. 95 Wellness Incentives/ Rewards 3. 00 Claim Run Out — 7. 46 Summary Plan Document 200/ hour SPD Printing and Mailing 4. 50 per employee Appeals to External Review Organizations Pass-through Custom Reports 100/ hr programming and producing reports Custom Network Services to be negotiated
I hereby accept these rates as presented.
Name: Print Name and Title
Signed: J'.. . ,. aws Date: H. It.2-9l 6 Signat r Ir I Out of Area Composite Cost Wt. S. 1. 25 for Pill s ernmr.? enorkAeee.. fee I: Oct 2016/2017/ 2018= 531. 09/$ 35. 14/ 536. 22 Good for one year only from Oct 1, 2016 to Sep 30. 2017 12 months following end of contract
PROPRIETARY& CONFIDENTIAL BLED: DEC 2 0 2016,
A' AND rtiAiINELL.Ccunty perk
By 0.P sehrGhon, TDEPUIv ORDER APPROVING PAYMENT OF FINANCIAL OBLIGATIONS AND AUTHORIZING THE COUNTY TREASURER TO PAY COUNTY CHECKS DECEMBER 19, 2016 AND DECEMBER 20, 2016
On this the 20 day of December, 2016, came on for consideration the matter of approving payment of Financial Obligations and authorizing the County Treasurer to pay County Checks for December 19, 2016 and December 20, 2016. Commissioner Perry made a motion to approve and it was seconded by Commissioner Jones. A vote being called for, voting in favor of said motion was Judge Felton, Commissioner Snell, Commissioner Gibson, Commissioner Jones and Commissioner Perry. It is ordered by the Court that said Financial Obligations and Authorization of the County Treasurer be, and the same is hereby, approved by unanimous vote. Order of the Commissioners' Court of McLennan County
In accordance with Local Government Code Section 113. 041( a), the Commissioners Court of McLennan County hereby directs the County Treasurer to release the checks to liquidate the obligations of McLennan County, Texas represented by the claims supporting the following checks, drawn on the McLennan County Treasury.
Date Checks will be Number of Total Amount of Printed Invoices Invoices
12- 19- 16 665 821, 353. 85
12- 20- 16 271 2, 190,751. 29 E121916 236 96, 724. 75
GRAND TOTAL 1172 3, 108, 829. 89
Approved and ordered by the McLennan County Commissioners Court
of on this the 02:0"` day 1:XLC(21h602, ,2016
County Judge
FILED: DEC 2 0 2016' a ' AEUY' HARWELL.c% cyA McLennanM: Count'Tales aV rcer Gowan GEVUN ORDER APPROVING TRAVEL AND/OR EDUCATION REQUESTS/ RATIFICATIONS:
SPACEPORT DEVELOPMENT CORPORATION
On this the 20 day of December, 2016, came on for consideration the matter of Travel and/ or Education Requests / Ratifications: Spaceport Development Corporation. Commissioner Perry made a motion to approve and it was seconded by Commissioner Jones. A vote being called for, voting in favor of said motion was Judge Felton, Commissioner Snell, Commissioner Gibson, Commissioner Jones and Commissioner Perry. It is ordered by the Court that said Travel Request be, and the same is hereby, approved by unanimous vote. ArifiaFA,* , 9
y McLennan County
Job Title: County Engineer FLSA Status: Exempt Department: Engineering Department Opening Date: Position Number: Closing Date: Vacancy Number: Compensation Range:
JOB DESCRIPTION
POSITION SUMMARY: The County Engineer directs the preparation of designs and specifications necessary for preparing plans and estimates for engineering projects. The County Engineer exercises considerable independent judgment in directing projects by resolving engineering problems and methods used to address these issues with minimal direction. This position specializes in a discipline of civil engineering such as the geometrics of highway design, roadway design, bridges, structures, stream control, site work, etc. Administers County regulations regarding development, flood control, and other matters; and cooperates in the administration of other regulations such as OSSF regulations. Ensures the training, evaluation and personal development of department employees, handling difficult problems and managing the development, implementation and oversight of engineering and transportation- related services. Monitors and administers department resources and budget. Ensures compliance with policies and laws. Has significant contact with developers and the public regarding road and bridge matters, subdivision regulations, easements and easement acquisitions, floodplain regulations, development regulations, utilities in the right-of-way, and other matters. ESSENTIAL JOB FUNCTIONS:
Oversees the administration of the County' s floodplain, subdivision, and utility location orders, and administers/ enforces certain development standards applicable to unincorporated areas by state law. Also assists in administration of OSSF regulations where needed. Routinely must address road and bridge design, construction and maintenance issues, and works closely with each precinct on road and bridge matters When requested gives opinion and analysis on proposed road equipment and materials acquisitions Performs inspections of public infrastructure works to ensure compliance with regulations and completes necessary forms and reports Ensures projects meet all Federal, State, and local design and construction standards and guidelines, including the Americans with Disability Act and the applicable regulations thereunder Reviews, prepares, and acquires all regulatory permits and approvals required for project initiation; meets and confers with permitting officials in the field or office as needed Coordinates regulatory compliance reviews, repair and improvement projects, and other work related to dams and watercourses Works with other agencies on cooperative projects Performs hydrologic and hydraulic investigations and studies to prepare designs for storm water management and erosion control Oversees design and construction budget preparation, expenditure controls, revenue tracking, grant compliance and reporting for design of road and capital construction projects. Identifies and helps obtain grant funding sources for projects Consults with the Commissioners to evaluate proposed capital projects and to formulate practices and procedures for the implementation of approved projects with special attention to environmental or regulatory requirements Conducts management analysis or problem solving of issues affecting the department. Assesses the effectiveness of service delivery methods, identifying opportunities for improving service and implements these improvements Prepares and reviews right of way documents and maps for acquisition of right of way, obtains surveys, deals with landowners, provides any applicable notices to landowners, and coordinates with legal to obtain easements Oversees the implementation and maintenance of a County GIS system and oversees the Map Department Develops County road engineering and technical policies and recommends future program direction to the Commissioners
1 Court Directs the development and administration of the department' s annual budget including capital and fixed expenditures. Monitors costs and levels of staffing, equipment, materials and supplies. Monitors and approves expenditures and implements cost savings programs Administers and supervises department and personnel matters including: Hiring, motivating employees, employee evaluation and employee operations Recommends pay increases or actions, approves leave, new hire training and continuing education opportunities available to staff Supervises personnel matters including disciplinary actions and the resolution of departmental employee disputes Acts as a resource for employee questions regarding customer, client or citizen issues, policies, etc. Maintains knowledge of skills, processes and best practices in the area of engineering and transportation services Attends Commissioners Court meetings and provides updates, provides reports, provides recommendations—including on payment requests of contractors or vendors, and answers questions Performs other duties as assigned by the Commissioner Court
ABILITY TO TRANSITION INTO GREATER RESPONSIBIUTIES
The County currently operates under a road system where the County Commissioners oversee road and bridge work in their respective precincts, and budgeting/ purchasing/ and personnel are managed by precinct. Should the County adopt a different system of road administration in the future, either by action of the Commissioners Court or by election, the County Engineer may be required to take on significant additional responsibilities for road design, planning, road and bridge budgeting, supervision of road and bridge personnel, purchasing, and administration--- up to and including overseeing a County-wide road and bridge department. Thus, an applicant must have the ability, skill and knowledge to be able to transition into a role having greater responsibilities and control over the road and bridge function.
LIMITATIONS AND DISCLAIMER: The above job description is meant to describe the general nature and level of work being performed; it is not intended to be construed as an exhaustive list of all responsibilities, duties and skills required for the position.
EDUCATION: Required
Bachelor' s Degree in Civil Engineering or related field Licensed Professional Engineer in the State of Texas
SKILLS- EXPERIENCE:
Required:
8 years' experience in Civil Engineering related to current methods and techniques of civil engineering as applied to the design, construction, and maintenance of highways, bridges and related facilities; but must also have experience with structural
capital projects 2 years' experience in a supervisory position related to engineering Current and valid Texas driver' s license, with a good driving record Knowledge of the laws and regulation and requirements relating to the planning and construction of highways, rural roads, bridges, and buildings, including permitting, state and federal aid project development and contract administration, ADA and accessibility laws, etc. Exceptional skill in establishing and maintaining effective working relationships with County employees, occasionally the media, developers, contractors, governmental entities, regulatory agencies, and the general public Requires the ability to read and interpret a variety of professional, engineering, technical and administrative documentation, directions, instructions, methods and procedures Exceptional knowledge of land and engineering survey systems, methods and techniques including the ability to read and write legal descriptions Ability to learn new methods and techniques of civil engineering design standards, software, construction, and contract administration
2 General knowledge of basic hardware and software and uses of a variety of different computer operating systems such as Microsoft Office Work, Excel, Outlook, Arc GIS, and Autocad General knowledge of local government law, property law, HEC-RAS and HEC- HMS Possess excellent communication skills, both oral and in written Analyze problems, identify alternative solutions, project consequences of proposed actions and implement recommendations in support of goals Knowledge of principles and practices of supervision, leadership, motivation, team building, organization, training, and conflict resolution
All Employees o Must be committed to achieving excellence in assigned duties, always in service of the county and community o Must have ability to earn and keep the trust of fellow employees and the community at large o Must be approachable and ready to help fellow employees and the general public Director Role o Must be a visionary that can conceptualize large scale ideas and bring them to fruition by rallying the support of an organization
o Must be a deleaator that can challenge individuals to reach their potential o Must be strategic in using time, effort and resources to achieve goals o Must have an entrepreneurial sense of determination and be able to use this trait in seizing new opportunities
ENVIRONMENTAL FACTORS: Works both indoors and outdoors. May be required to work in adverse weather conditions. Subject to call- out if an emergency condition should arise. PHYSICAL DEMAND REQUIREMENTS: Frequent sifting, standing, bending and walking Includes a small amount of light-lifting( 30-40 lbs.) and carrying up light loads for distances of up to 120 ft. Continuous reading and communicating both on the telephone and in person Continuous use of the computer and keyboard
HOURS/ SPECIAL CONDITIONS: Hours necessary to complete work requirements. General office hours 8:00 am to 5: 00 pm.
APPROVED BY COMMISSIONERS COURT THI- ! DAY OF - lL•.jowl.
dim
U • DE
3 December 12, 2016
McLennan County Commissioners Court 501 Washington Ave, Room 214 Waco, TX 76701
McLennan County Commissioners,
Please find attached a copy of the lodging expense incurred by Carliss Hyde, Board of Director, McLennan County Spaceport Development Corporation, while attending the Space Commerce Conference and Expo in Houston, TX on November 15- 17, 2016. The expense includes: Lodging for 2 nights at$ 218. 70 per night Total $437.40 The McLennan County Spaceport Development Corporation approved reimbursement of board member travel expenses during the meeting on June 29, 2016.
Please present this request to the County Commissioners Court for approval of the expense.
Thank you,
Kris Collins Executive Director McLennan County Spaceport Development Corporation
APPROVEDy-/[', BY COMMISSIONERS COY•RI THI/ AYY OF '+`" 201 Lr
r/ Fit)1 SIA.SC) NS
HOTFL
I101.1!'. Tf1N
Mrs. Carlin Hyde Arrival : I I: 5/ 16 Departure: 11. 17/ 16
Room : USA 1014
INVOICE 689567
hour Solana.! kW Nmn/rm 11/ 17/ l6 ohier:/ 14 tr- 1 Page 1
Dale Description hars•b i(' rcdit.s Payments
11/ 15/ 16 Deposit Applied I nigh! non refundable: dl.posit taken 128. 15
11/ 15/ 16 Room Charge pi: on 11/ 15/ 16 C Sly Room Tax 7%
11/ 15/ 16 (' aunty Room Tax 4% 7 U 1 1/ 15/ 16 Stoic C' tlat Recovery Fee 11/ 16/ 16 Quatuv Ilicak last Line// 2004. CI lRI' 6p 144821 5• 1.:: 5 11/ 16/ 16 Room Charge l'/ snU..
t 11/ 16/ 16 City Room Tax 7% ye 11/ 16/ 16 Count'Room Tax 4% o I/ ib/ Ib State Cost Recovery Fee
11/ 17/ 16 Mist Sundries u.!;
11/ 17/ 16 Mastercard 264.27 XXXXXXXXXXXXQ803 XX/XX 11/ 17/ 16 Valet Parking Charge 207718
11/ 17/ 16 Mastercard 82.27 XXXXXXXXXXXX9R03 XX/ XX
b;danc.• Uu,': E 1.00
Cardholder signature:
nice Iha! my liebilily I'nr this bill is not waived and w;ery to lc 61. 10 personally liable in lh: on al Mai IIi., indimmd penxe. company, or third party billed fails al pay rya( nr all of tiles( tiro. x.
1300 LAMAR STREET., IRIUK'ft H, TtXAS 770( 0'.( Mt. I ISA T61.:( 713) 650. 131ln FAX:( 71. 0 052. 6270 ww, fnunuema.coln
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FILED: DEC 2 Ii 2Ct .
I. d 1 3eH„ RylEli.CtasgyCCak it eiarnaC,baay,impair oli'rofte! BowanDEPIJN ORDER ACCEPTING:
RECORDING OF MCLENNAN COUNTY INVESTMENT REPORTS, NOVEMBER 2016:
COUNTY TREASURER
On this the 20 day of December, 2016, came on for consideration the matter of County Treasurer: Recording of McLennan County Investment Reports, November 2016. Commissioner Perry made a motion to approve and it was seconded by Commissioner Jones. A vote being called for, voting in favor of said motion was Judge Felton, Commissioner Snell, Commissioner Gibson, Commissioner Jones and Commissioner Perry. It is ordered by the Court that said Reports be, and the same are hereby, accepted by unanimous vote. Cr Pmt 2017 2017 2017 2017 2017 Int Int Due: 13/ 28/ 30/ 8/ 8/ 2017 2017 1/ 1/ 1/ 2/ 1/ Due: Next Next 24/ 19/ Payment 2/ 4/ y, 31 23 84 17 62 16 04 29 Book 749. 156. 143. 081. 658. 497. Value: 913. 343. CQ11yaar Value: 092, 123, 103, 017, 007, 344, Book 201— 4, 5, 5, 4, 2, Ending 20, 014, 001, EOM 4, 2, CC 71 $ 76 $ 63 $ 01 $ JU 92 $ 21 $ 00 $ Disc 00 $ 0. 896. OFD NT4/ EOM Int: 105. 763. 406. 619. EOM 0. 170. COMMISSIONERSDAY Accrued 5, 4, 6, 2, 18, Prem_ Accrued: BY 04 $ 15 $ 08 $ Q{ 39 $ 23 $ 13 $ 41 $ 99 $ 247. EOM 913. 173. THIS QG4 Principal 975. 658. 986. 090. 536. Accrued Interest: 14, 3, ACCEPTED Balance: 086, 123, 098, 011, 004, 325, EOM 4, 5, 5, 4, 2, 20, 00 $ 00 $ Balance: 000. 000. 20 $ 72 $ 04 $ 47 $ 81 $ 24 $ Prin 000, 998, Net 191. 732. 610. 626. 482. 643. 4, 1, Earnings Current Month: 3, 2, 4, 3, 1, 15, EOM 00 $ 00 $ 82 53 $ 53 $ Value: 000. 000. Paid 00 $ 00 $ 00 $ 00 $ Par 433. 0. 562. 0. 0. 0. 562. 000, 000, Int 8, 8, 2, Current Month: 4, 2021 036, Deposit Treasuries 89 EOM 10, of 673. Detail and 2 11 $ 51 $ 80 $70 $81 $ County 00 $ 00 $ of 2016 1 EOM 890. 925. 139. 870. 673. Totals: $ Current 0. 0. 30/ Value: Earnings Month: 33 $ 088, 120, 099, 013, 005, CD Accrual: $ Paid Page 256. 11/ Previous Book 4, 5, 5, 4, 2, 2020 Certificates Agencies Rate: 400% $ 399% $ 76 Interest 016, McLennan Return 1. 1. 6, Investments Current 16 584. 95% $10% $10% $10% $90% $ Daily Days Rate: 0. 1. 1. 1. 0. 937. Interest Rate: 400% 375% 100 31 Current Coupon 1. 1. 173, Security 25, 833. 01 Accrual: $ Pays: Pays: Less: 247. Government 396, 0 or Collateralized US Annually Annually Year: 36, 2019 121, Quarterly Quarterly Quarterly Quarterly Quarterly By Interest Years): $ 9, 333 Interest Days): Interest Semi- Semi- Years) 2 thereafter. 2 2017: $ Daily thereafter. Totals CD days( 30/ Days): days( Date Date Maturity( Date 730 730 11/ 85 Liquidated: Liquidated: Quarterly Continuous in 814. Maturity( 54% 2018 1. Beyond Beyond Maturity 130, 2017 2018 2019 2019 2018 Average 2020 2017. 2020 2016. 7, Date: 24/ 24/ 19/ 19/ 105% Date: 31/ 30/ 30/ 31/ 31/ Maturing Dates Dates Maturity 8/ 02/ 10/ 10/ Average Maturity 12/ 4/ 10/ 10/ 11/ Month: Weighted of Call Call Maturity 31 Month: End Less, Settled 2016 First 2016 First Maturity or 081. of Weighted at 24/ 21/ Investments 8/ 7/ With End Date With 2017 092, Less, Years at or 2 Days), 4, Return 2016 of in 2017 XXXX479 XXXX177 XXXX193 XXXX071 XXXXX072 19/ Years 24/ Bank Return 2 Rate 2/ 10/ of Maturity( Investments Investments in Mortgage of of 60 $ Rate Description: National National National National National Maturing 3135G0N66 Credit 992. Date: Average Value Value 2016 Average National Date: Farm 351, Maturing Central Central Central Central Central Description Call 3133EGMM4 Call Book Book 31, Average CDs Securities CD Security Association Next Federal Next Weighted EOM EOM Federal 96 Bal 91 2017 2017 2017 2017 Bank 552. 27/ 25/ 30/ 28/ 825. 99 184, 1/ 2/ 3/ 4/ 01 98 Ending Statement 6, 748, 568. 67, 15 Book 983. 585. 13 74 52 43 498, 614. 396. 476. 946. 690. Value: 125, 372, Ending 6, 19, 25, 00 $ 010, 017, 005, 002, 052, EOM 0. 2016 $ 2, 4, 2, 2, 16, Adjustments 30/ 11/ 00 21 $ 00 00 35 $ 0. 00 $ 00 $ 00 $ 00 $ 0. 0. 0. 0. 0. 0. 170. 129. Effective Withdrawals: Checks 5331, 13 $ 74 $ 52 $ 43 $ 94 $ Outstanding Value 614. 396. 519. 73 476. 946. 67 06 61 10, 17, 5, 2, 54, 61 Book 006. 778. 784. 13, 423. 2, 11, 423. 00 $ 00 $ 00 $ 00 $ 00 $ Deposits: Balance: Total 853, 853, 5, 000. 000. 000. 000. 000. Accounts EOM 5, 26 $ 000, 000, 000, 000, 998, 31 $95 $ 2, 4, 2, 2, 15, 784. 977. 806. 69 $ Savings 484, 00 $ 123, 360, 599. Totals: $ 00 $ 00 $ 00 $ 00 $ Principal: 25, Voids: Beginning 6, 19, 000. 000. 000. 000. 000. 06 $ 73 $ 000, 000, 000, 000, 000, 67 $ 08 $ Account 2, 4, 2, 2, 16, 784. Accounts 006. 778. Paid: 13, Wire 091. Monthly Interest 2, 11, Bearing Collateralized 2 Detail 865, ACH/ 4, 00 $ 00 $ 00 $ 00 $ 00 $ 55 $ of County 2016 20 $ Withdrawals: 2 0. 0. 0. 0. 0. 30/ Funds, & Monthly 044. 199. Totals: $ Page 70 $ Nonlnterest 11/ Balance: 124, 361, 6, Collateralized 19, Issued: 711. 550% $ 650% $ 625% $ 625% $ Account 1. 1. Average McLennan 1. 1. Totals: $ 994, Investments Mutual Bearing Checks 3, 550% 650% 625% 625% Rate: 3987% $ 7402% $ Bearing 1. 1. 1. 1. Security 0. 0. Market Interest 35 $ Interest Interest 515. Annually Annually Deposits: 056, Annually Annually 9, Money Date Non- Semi- Semi- Semi- Semi- Liquidated: thereafter. thereafter. thereafter. thereafter. Pools, 35 $ EOM 111. Quarterly Quarterly Quarterly Balance: 656, Quarterly 6582% Pool Pool 5, 0. Type: Previous 2021 2017. 2021 2016. 2021 2016. 2021 2017. 21/ 27/ 25/ 25/ 30/ 30/ 28/ 28/ Investment Rate: 3) 7/ 01/ 8/ 11/ 9/ 12/ 10/ 04/ Month: Account 45% $ Investment Investment 0. Officer b)( Call Call Call Call of Earnings Credit 2016 2016 2016 2016 End 023( First First First First at 27/ 25/ 30/ 28/ 2256. 7/ 8/ 9/ 10/ Date Return Liquidated: Invesment Code 2017 2016 2016 2017 of 25/ 30/ 27/ Banks 28/ Rate Mortgage 1/ Mortgage 11/ 12/ Mortgage 4/ County 3136G3G90 Loan 3134GAAM6 Loan 3136G4EV1 Government Date: Date: Date: Date: Average Description: 449XXXXXXXXXX 590XXXXXXXXXX Compass Per National Home Home 3130A9F89 National MM Call Call Call Call TexPool TexPool Description: BBVA XXXXXX0837 McLennan Federal Association Next Federal Corporation Next Federal Next Federal Association Next Pool/ McLennan County Cash Transaction Summary 11/ 30/ 2016
Total Investments: Pooled Cash DDA:
10/ 31/ 2016 Beginning Balance 67, 501, 935. 75 5, 656, 111. 35
Revenue/ Deposits
November 2016 Investment Income 49,577. 90
November 2016 Nonlnvestment Revenue 9,056,515. 35 9,056,515.35
Disbursements
Checks Issued
Transaction Date: Check Range Type: Amount:
11/ 1/ 2016 324545 324911 Accounts Payable $ 1, 108, 106. 63
11/ 2/ 2016 324912 324914 Accounts Payable 39, 137. 83
11/ 7/ 2016 325000 325063 Accounts Payable 46,581.73
11/ 9/ 2016 325064 325065 Accounts Payable 165.00
11/ 10/ 2016 325066 325081 Accounts Payable 89, 952. 67
11/ 10/ 2016 5012162 5012173 Payroll 2, 394.93
11/ 14/ 2016 325082 325103 Accounts Payable 28,770.44
11/ 15/ 2016 325104 325506 Accounts Payable 1,396,040.38
11/ 17/ 2016 325600 325607 Accounts Payable 100, 194.79
11/ 21/ 2016 325608 325629 Accounts Payable 8,957. 18
11/ 22/ 2016 325630 325942 Accounts Payable $ 1, 074,574. 04
11/ 23/ 2016 325943 325954 Accounts Payable 80,211.95
11/ 25/ 2016 5012174 5012177 Payroll 779.23
11/ 28/ 2016 325955 325961 Accounts Payable 3, 412.83
11/ 30/ 2016 325962 325967 Accounts Payable 15,432. 07
Checks Issued: 3, 994,711.70 3, 994,711. 70
ACH/ Wire Disbursements
Transaction Date: Purpose: Amount: DDA Only:
11/ 1/ 2016 ACH Accounts Payable 98, 670. 62
11/ 2/ 2016 WMCEDC 37, 500.00
11/ 2/ 2016 US Bank: Bureau of Prisons 13, 968.00
11/ 2/ 2016 US Bank: Bosque County 19, 182. 00
11/ 2/ 2016 US Bank: Harris County 69, 046. 00 11/ 3/ 2016 Transfer to Jury Fund 45, 322. 12
11/ 3/ 2016 Adjustment: Fee Officer 5. 00
11/ 4/ 2016 Retiree Reversal 7. 50
11/ 8/ 2016 US Bank: US Marshall 399, 135. 60
11/ 10/ 2016 ACH Payroll 1, 135, 785. 74
11/ 14/ 2016 IRS 941 Tax Payment 431, 280.56
11/ 14/ 2016 Child Support 9, 744. 16
11/ 15/ 2016 Employee Retirement 636,010.75
11/ 15/ 2016 Health Savings Account Deposits 7,704.16
11/ 15/ 2016 ACH Accounts Payable 95,320.84
11/ 15/ 2016 US Bank: NIX USMS 86,950. 80
11/ 22/ 2016 US Bank: US Marshall 55, 872.00
11/ 22/ 2016 ACH Accounts Payable 22,911.40
11/ 23/ 2016 Health Savings Account Deposits 7,095. 95
11/ 25/ 2016 ACH Payroll 1, 124,767. 61
11/ 25/ 2016 Child Support 9,714. 16
Page 1 of 2 McLennan County Cash Transaction Summary 11/ 30/ 2016
Total Investments: Pooled Cash ODA:
11/ 28/ 2016 IRS 941 Tax Payment 425,522. 91
11/ 29/ 2016 TDCJ: Adult Probation Employee Benefits 9,398. 40
11/ 29/ 2016 US Bank: US Marshall 86,950.80
11/ 30/ 2016 US Bank: Johnson County 37, 224. 00
ACH/ Wire Disbursements: 4,865,091. 08 4, 865,091.08
Voided Checks: 599. 69 599. 69
Disbursement Total: 8,859,203. 09 8, 859,203.09
Ending Balances Pooled Cash EOM Balance 11/ 30/ 2016 67, 748,825. 91 5. 853,423.61
331, 129. 35 Outstanding Checks: 0.00 Depository Adjustments: 6, 184, 552. 96 Bank Balance:
Pooled Cash EOM Balance 11/ 30/ 2015 43, 971. 602. 59
Annual Increase in EOM Balance 23,777, 223. 32
Page 2 of 2 59 01 Value 04 29 13 74 52 43 31 62 23 84 17 61 01 98 91 913. 343. 614. 396. 476. 946. 081. 156. 658. 749. 497. 423. 585. 983. 825. 602. 715. Book 014, 001, 010, 017, 005, 002, 092, 007, 123, 103, 017, 853, 372, 125, 748, 971, 104, EOM 4, 2, 2, 4, 2, 2, 4, 2, 5, 5, 4, 5, 19, 6, 67, 43, 43,
Date 61 12 59 22 52 43 46 15 54 01 14 73 24 75 26 69 to- Accrued: 00 098. 797. 282. 703. 138. 940. 476. 946. 485. 014. 556. 361. 371. 0. 959. 783. 018. Year- 9, 4, 5, 10, 5, 2, 6, 3, 5, 9, 7, 23, 4, 99, 57, 40, Fiscal Earnings
Date Paid 00 96 99 53 38 41 73 24 24 56 95 to- 00 00 00 00 00 00 0. 875. 0. 0. 0. 0. 762. 536. 562. 098. 090. 0. 959. 783. 669. 917. 372. Year- 6, 9, 4, 8, 14, 11, 4, 57, Earnings 23, 83, 50, Histories Fiscal Year Paid: 53 06 67 26 04 80 Month 00 00 00 00 00 00 00 00 00 00 00 0. 0. 0. 0. 0. 778. 347. 587. Prior 0. 0. 0. 0. 0. 562. 0. 006. 490. 8, 11, 2, 22, 24, 32, and Current Earnings
Totals $ Totals $ 1 2016 Totals: $ of Type 1 Summary 30/ 2015 2014 CD CD CD CD CD Month 30/ 30/ Page 11/ DDA POOL POOL of AGENCY AGENCY AGENCY AGENCY AGENCY AGENCY 11/ 11/ Investment End
Investment of Rate Date 4000% 3990% 5500% 6500% 6250% 6250% 9500% 9000% 6500% 1000% 1000% 4500% 7402% 3987% Return: 1. 1. 1. 1. 1. 1. 0. 0. 0. 1. 1. 0. 0. 0. to- Current Year- Date 2020 2020 2021 2021 2021 2021 2017 2018 2018 2019 2019 24/ 19/ 21/ 25/ 30/ 28/ 31/ 31/ 30/ 30/ 31/ Fiscal Maturity 8/ 10/ 7/ 8/ 9/ 10/ 12/ 10/ 11/ 4/ 10/ Date Liquidated:
3134GAAM6 3130A9F89 3136G4EV1 XXXXX072 XXXX193 XXXXXX0837 LB 590XXXXXXXXXX 449XXXXXXXXXX Description CNB FH CNBXXXX479 CNB CNBXXXX177 CNBXXXX071 FNMA3135GON66FFCB3133EGMM4FNMA3136G3G90FHLMC FNMA BBVA TEXPOOL TEXPOOL Less) Market 00) 00) or( Value 00 00 00 00 00 00 00 00 00 00 00 0. 0. 0. 776. 512. EOM Book 0. 0. 0. 0. 0. 0. 0. 0. More 52, 55, Current Value than
Value: 23 73 26 Book 643. 784. 312. in 15, 13, 197, Change
Market 62 17 84 23 31 16 Accounts 01 98 99 61 61 43 13 156. 497. 749. 658. 081. 143. 585. 983. 568. 423. 423. 170. 102. EOM Value: 007, 017, 103, 123, 092, 344, 372, 125, 498, 853, 853, 950, 955, 2, 4, 5, 5, 4, 20, Savings 19, 6, 25, 5, 5, 1, 1, 2016 Current 30/ 11/ Value 2016 Book 62 17 84 23 31 16 01 98 99 Accounts 61 61 43 13 30/ EOM Deposit 156. 497. 749. 658. 081. 143. 585. 983. 568. 423. 423. Treasuries 946. 614. of Collateralized 11/ Value: 007, 017, 103, 123, 092, 344, 372, 125, 498, 853, 853, 002, 010, Market 2, 4, 5, 5, 4, 20, 19, 6, 25, 5, 5, and 2, 2, 2 and and Current of Funds, & Collateralized 1 Value 2016 Certificates Agencies Page 31/ Mutual 11 93 95 31 26 Bearing 35 35 Book 10/ Market 81 70 80 51 86 96 in 673. 870. 139. 925. 890. 499. 806. 977. 784. 111. 111. 305. 830. EOM Value: 005, 013, 099, 120, 088, 328, Market 360, 123, 484, 656, 656, 996, 989, 2, 4, 5, 5, 4, 20, 19, 6, 25, Interest 5, 5, Government 1, 1, Collateralized US Change Between 2016 Previous Money Non 31/ 10/ Book 81 70 80 51 11 93 Pools, 95 31 26 35 35 86 96 EOM 673. 870. 139. 925. 890. 499. 806. 977. 784. 111. 111. 267. 086. Value: 005, 013, 099, 120, 088, 328, 360, 123, 484, 656, 656, 000, 008, 2, 2, Previous 2, 4, 5, 5, 4, 20, Investment 19, 6, 25, 5, 5, Deposit $ Market $ of Savings TEXPOOL Money Collateralized $ Source: Certificates Pools, Collateralized Bearing Accounts Interest Accounts Value Funds,& Collateralized 590XXXXXXXXXX 449XXXXXXXXXX Investment Non 3136G4EV1 3136G3690 XXXXX072 XXXX071 XXXX193 XXXX177 XXXX479 Mutual XXXXXX0837 Market CNB CNB CNB CNB CNB Subtotal TEXPOOL TEXPOOL Subtotal BBVA Subtotal FNMA FNMA Less) 00) 00) 21) 00) 21) 21) Market or( Value EOM Book 976. 076. 382. 438. 160. 160. More 95, 78, 53, 63, 399, 399, Current Value than
Value: 94 16 Book 149. 890. in 20, 246, Change
Market 04 74 08 52 94 70 937. 320. 961. 038. 529. 665. EOM Value: 918, 939, 947, 942, 653, 349, 3, 3, 1, 1, 15, 67, 2016 Current 30/ 11/ Value 2016 Book 04 74 29 52 15 91 30/ EOM 913. 396. 343. 476. 690. 825. 11/ Value: 014, 017, 001, 005, 052, 748, Market 4, 4, 2, 2, 16, 67, Current 2 and and of 2 Value 2016 Page 31/ Book 10/ 83 30 59 15 69 22 Market 114. 510. in EOM 263. 376. 410. 927. Value: 989, 986, 984, 986, 933, 402, 3, 3, 1, 1, 15, 67, Change Between 2016 Previous 31/ 10/ Book 83 30 12 15 21 75 EOM 347. 016. 038. 783. 540. 935. Value: 010, 012, 999, 002, 032, 501, Previous 4, 4, 1, 2, 16, 67,
and Agencies Totals M4 Government Treasuries Overall 3135G0N66 3134GAAM6 3133EGM 3130A9F89 US FNMA FHLMC FFCB FHLB Subtotal 00 00 00 71 29 00 00 16 Value 00 00 00 00 Value 00 00 00 00 00 00 84 Accrued 000. 000. 000. 000. 000. 000. 000. 300. 699. Accrued 000. 000. 000. 000. 000. 000. 000. 000. 143. 856. Market Interest: 500, 000, 500, 000, 000, 250, 250, 513. 736, Market Interest: 200, 100, 000, 000, 000, 300, 250, 550, 344, 205, 12, 2, 7, 5, 27, 27, 14. 12, 5, 5, 4, 2, 4, 20, 20, 20, EOM Excluding EOM Excluding
00 00 00 00 00 00 00 00 Surplus $ 00 Subtotal: $ Deposits: $ Surplus $ Subtotal: $ Coverage: $ Deposits: $ Basis 000. Coverage: $ Coverage: $ Basis 000. 000. 000. Coverage: $ 000. 000. 000. FDIC Total 000. 000. FDIC Total EOM 500, 000, 500, 000, EOM 200, 100, 000, 000, 000, 12, 2, 7, 5, Collateral Deposit Collateral 5, 5, 4, 2, 4, Collateral Deposit Collateral Total Compass National Total National Compass BBVA BBVA Compass National Central 2C131 caaeyTees 0 1 1 1 1 1 1 1 1 1 Central Price Price BBVA 2 aRNEll. Couniy DowanDEPUTv Central rcetea DEC AyorP, McLennan y'+" A• Rate: Rate: 1. 0000% 0000% 0000% 0000% 0000% 0000% 0000% 0000% 0000% 0. 0. 0. 0. 0. 0. 0. 0. 0. FILED: Interest Interest
Report Date: 2017 2017 2017 2017 Date: 2016 2017 2018 2018 2019 6/ 4/ 22/ 18/ 31/ 31/ 16/ 30/ 29/ 1 1/ 2/ 2/ 8/ 12/ 5/ 1/ 11/ 11/ of 2016 Maturity Maturity 2016 1 Compass National 30/ 30/ Page Collateral Effective 11/ 11/ BBVA LOC# Central LOCH XX597 XX002 XX636 XX179 Depository CUSIP/ CUSP/ XXXXX001 XXXXXXX009 XXXXX0055 4113000013 4113000012
X597 XX002 XX636 XX179 10( XXXXX001 XXXXXXX009 XXXXX0055 4113000013 4113000012 Credit Credit# Credit# Credit# of of of of Credit# Credit# Credit# Credit# Credit# of of Description Letter Letter Letter Letter Description of of of Letter Letter Letter Letter Letter FHLB FHLB FHLB FHLB Required FHLB FHLB FHLB FHLB FHLB None Source: Credit Credit Credit Credit Credit Credit Credit Credit Credit Value of of of of of of of of of Letter Letter Letter Letter Letter Letter Letter Letter Letter Market Custodian FHLB FHLB FHLB FHLB Custodian FHLB FHLB FHLB FHLB FHLB ORDER ACCEPTING:
RECORDING OF DETAILED DEPOSIT DISTRIBUTION REPORT, NOVEMBER 2016:
TAX ASSESSOR/ COLLECTOR:
On this the 20 day of December, 2016, came on for consideration the matter of Tax Assessor/ Collector: Recording of Detailed Deposit Distribution Report, November 2016. Commissioner Perry made a motion to approve and it was seconded by Commissioner Jones. A vote being called for, voting in favor of said motion was Judge Felton, Commissioner Snell, Commissioner Gibson, Commissioner Jones and Commissioner Perry. It is ordered by the Court that said Recording be, and the same is hereby, accepted by unanimous vote. 6 A1_( p. mil• t t' a , PO Box 406 Waco, TX 76703 Randy H. Riggs, CPA, PCC 2 1. filIV Tin r a co 757-5130 McLennan County FaxFax( 254) 757-5141 Tax Assessor/Collector c [email protected]
December 5, 2016 Received
Judge Scott Felton DEC 0 9 2016 McLennan County P. O. Box 1728 ftiicLeerrrafl ca•rrity aaWncu: Waco, TX 76703
Dear Judge Felton:
Please see enclosed the detailed Deposit Distribution Report by year and fund for the previous month.
I, Randy H. Riggs, Tax Collector of McLennan County do solemnly swear that the enclosed statement of all taxes collected by me during the month of November 2016 is true and correct.
SWO: • nd s ' scribed • - • - lie this December 5, 2016. arse Rand -. • , Tax Asses - rector PAUL D.D. GRASER — I J I ,, Notary Public AL) A/ . / j.r ca a STATE I ph• M IDM174212944 Notary Public, McLennan County Comm, ., M9 13, 7018 I Commission Expires .c-i3 -,>,
ACCEPTED BY COMMISSIONERS COURT reziegaVtr-
DAYYOP MC It. THCCOUNTY ( 78 10 88 02 58 60 12 11 23 05 14 19 67 61 28 73 10 83 62 90 52 17 23 40 74 27 01 77 97 74 40 45 85 30 41 71
7. AMOUNT 907. 392. 299. 975. 312. 287. 518. 748. 266. 864. 187. 051. 895. 129. 025. 564. 41. 605. 472. 36. 509. 556. 49. 605. 71. 79. 421. 45. 467. 413. 49. 462. 555. 66. 621. PAYMENT 2, 3, 4, 1, 2, 113, 200, 314, 59, 62, 17, 18,
4, 4,
1
00 00 00 00 00 00 00 00 00 00 00 00 00 00 00 00 00 00 00 00 00 00 00 00 00 00 00 00 00 00 00 00 00 00 00 00 PAGE: REFUND AMOUNT ROLLBACK 00 00 00 00 00 00 00 00 00 00 00 00 00 00 00 00 00 00 00 00 00 00 00 00 00 00 00 00 00 00 00 00 00 00 00 00 AG OTHER FEES
INCLUDES 00 00 00 61 00 61 13 00 13 66 00 66 54 00 54 78 ' 00 78 92 00 92 50 00 50 17 00 17 95 00 95 15 00 15 62 00 62 188. 188. 005. 005. 644. 644. 334. 334. 99. 99. 84. 84. 100. 100. 13. 13. 77. 77. 77. 77. 103. 103. ATTORNEY , 11, 11, 3, 3,
01 83 84 09 11 20 63 55 18 39 14 53 13 61 74 95 10 05 70 90 60 67 23 90 57 27 84 82 97 79 25 45 70 68 41 09
7. TOTAL 575. 845. 420. 671. 307. 978. 424. 743. 168. 219. 187. 406. 561. 129. 690. 464. 41. 506. 387. 36. 424. 455. 49. 504. 58. 65. 343. 45. 389. 336. 49. 385. 451. 66. 518.
2, 3, 3, 1, 1, DISBURSE 020, 195, 216, 48, 50, 14, 15, 2016 4, 4, 30/ 11/ SYSTEM TIF 77- 27 04- 32- 47- 79- 36- 56- 92- 00 00 00 00 00 00 00 00 00 00 00 00 00 00 00 00 00 00 00 00 00 00 00 00 00 00 00 5. 4. THRU AMOUNT 332. 546. 879. 115. 120. 88. 92. DISTRIBUTION MCLENNAN 93, 4, 97, COLLECTION 2016 OF 01/ TAX 61- 31- 92- 69 02 71 24 43 67 12 55 67 57 11 68 59 84 43 63 63 26 26 80 06 44 78 22 00 86 86 91 93 84 03 97 00 11/ 6. 6. 3. DEPOSIT COUNTY 578. 454. 032. 656. 188. 844. 007. 58. 065. 567. 47. 614. 190. 16. 207. 174. 16. 191. 220. 23. 244. 30. 34. 186. 24. 210. 189. 27. 217. 265. 38. 304. PENALTY 9, 3, 3, 1, 1, FROM: 0001 INTEREST 10,
00 00 00 00 00 00 00 00 00 00 00 00 00 00 00 00 00 00 00 00 00 00 00 00 00 00 00 00 00 00 00 00 00 00 00 00 JURISDICTION: DISCOUNT GIVEN
39 41 80 72 56 28 75 68 43 27 59 86 56 50 06 36 26 62 07 27 34 41 43 84 13 49 62 82 11 93 34 52 86 65 44 09 LEVY PAID 3. 914. 392. 306. 207. 858. 066. 856. 559. 416. 212. 128. 340. 993. 82. 076. 274. 24. 298. 213. 20. 233. 235. 25. 260. 28. 31. 157. 21. 178. 146. 21. 167. 186. 27. 214.
1, 2, 2, 1, 2635762 113, 200, 314, 39, 41, 10, 11, 4, 4, DEPOSIT ALL 22 TAX 09: DATE: RATE 500894 024399 525293 511066 024227 535293 509052 026241 535293 505891 029402 535293 425268 035305 460573 406751 035959 442710 404228 038482 442710 399900 043200 443100 400608 049892 450500 399500 053400 452900 383600 056400 440000 391100 057500 448600 07: SELECTION: O S . . 0 S . . 0 S . . 0 S . . 0 S . . 0 S . . 0 S . . 0 S . . 0 S . . 0 S . . 0 S . . 0 S . . 2016 FUND D RECEIPT M &I TOTAL& . M &I TOTAL& . M &I TOTAL& . M &I TOTAL& . M &I TOTAL& . M &I TOTAL& . M &I TOTAL& . M &I TOTAL& . M &I TOTAL& . M &I TOTAL& . M &I TOTAL& . M &I TOTAL& . 01/ 12/ TC298 YEAR 2016 2015 2014 2013 2012 2011 2010 2009 2008 2007 2006 2005 80 93 73 00 47 47 26 13 39 04 73 77 05 30 35 05 13 18 56 60 16 22 00 22 67 11 78 02 27 29 24 17 41
6. 5. 5. 4. 6. 6. AMOUNT 105. 13. 119. 72. 11. 83. 37. 43. 31. 36. 32. 37. 32. 36. 118. 18. 137. 31. 37. 32. 38. 709. 143. 852. 801. 751. 552. PAYMENT 3, 200, 204, 404, 86, 90,
4, 4,
2
00 00 00 00 00 00 00 00 00 00 00 00 00 00 00 00 00 00 00 00 00 00 00 00 00 00 00 00 00 REFUND AMOUNT 00 00 00 00 PAGE: ROLLBACK 00 00 00 00 00 00 00 00 00 00 00 00 00 00 00 00 00 00 00 00 00 00 00 00 00 00 00 00 00 00 00 00 00 AG OTHER FEES
I INCLUDES 95 00 95 88 00 88 66 00 66 791 00 79 87 00 87 721 00 72 89 00 89 86 00 86 96 00 ' 96 ' 61 00 61 61 00 61
5. 5. 4. 4. 4. 4. 4. 19. 19. 10. 10. 4. 4. 4. 4. 4. 17. 17. 808. 808. 808. 808. ATTORNEY, 15, 15, 15, 15,
85 93 78 12 47 59 60 13 73 25 73 98 18 30 48 33 13 46 67 60 27 36 00 36 71 11 82 96 97 93 95 14 09
6. 5. 5. 4. 6. 6. TOTAL 85. 13. 99. 61. 11. 72. 31. 37. 26. 31. 27. 32. 27. 31. 100. 18. 119. 26. 32. 27. 33. 363. 586. 950. 788. 741. 530.
3, DISBURSE 091, 199, 290, 70, 74, 2016 4, 4, 30/ 11/ SYSTEM TIF 00 00 00 00 00 00 00 00 00 00 00 00 00 00 00 00 00 00 00 00 00 00 00 00 00 00 00 45- 30 75- 68- 03- 71- THRU AMOUNT 536. 556. 092. 203. 10. 213. MCLENNAN 93, 4, 98, DISTRIBUTION 2016 OF COLLECTION 01/ 14 96 43 39 10 15 25 23 93 16 20 75 95 18 54 72 63 81 44 79 89 68 56 22 78 97 40 37 49 73 22 10 04
11/ 8. 7. 3. 3. 3. 2. 4. 4. TAX DEPOSIT 51. 60. 38. 45. 20. 24. 17. 20. 18. 21. 18. 21. 69. 12. 82. 18. 22. 19. 24. COUNTY PENALTY 332. 951. 284. 339. 952. 291. FROM: 0001 INTEREST 16, 17, 16, 17,
00 00 00 00 00 00 00 00 00 00 00 00 00 00 00 00 00 00 00 00 00 00 00 00 00 00 00 00 00 00 00 00 00 JURISDICTION: DISCOUNT GIVEN
89 50 39 02 32 34 37 20 57 05 98 03 00 76 76 70 32 02 88 71 59 80 78 58 74 71 45 92 54 46 53 13 66 LEVY PAID 5. 4. 2. 9. 1. 9. 1. 8. 1. 5. 7. 1. 9. 7. 1. 9. 33. 39. 23. 27. 11. 13. 11. 10. 10. 30. 36. 567. 191. 759. 653. 799. 452.
2, 168, 203, 371, 54, 57,
2635762 4, 4, DEPOSIT ALL 22 TAX RATE 09: DATE: 372500 060400 432900 363200 068200 431400 349300 067800 417100 375900 082000 457900 373500 072900 446400 361100 054600 415700 338400 062500 400900 323700 073600 397300 321100 070900 392000 07: SELECTION: 0 S . . 0 S . . 0 S . . 0 S . . 0 S . . 0 S . . 0 S . . 0 S . . 0 S . . O S O S FUND 2016 D RECEIPT M &I TOTAL& . M &I TOTAL& . M &I TOTAL& . M &I TOTAL& . M &I TOTAL& . M &I TOTAL& . M &I TOTAL& . M &I TOTAL& . M &I TOTAL& . M &I TOTAL& M &I TOTAL& 01/ YEAR 2004 2003 2002 2001 2000 1999 1998 1997 1996 ALL ALL ALL DLQ DLQ DLQ 12/ TC298 78 10 88 PAYMENT AMOUNT 907. 392. 299. 113, 200, 314,
4, 4,
3 REFUND AMOUNT 00 00 00 PAGE: ROLLBACK 00 00 00 AG OTHER FEES
INCLUDES 00 00 00 ATTORNEY
01 83 84 TOTAL 575. 845. 420. DISBURSE 020, 195, 216, 2016 4, 4, 30/ 11/ SYSTEM TIF 77- 27 04- THRU AMOUNT 332. 546. 879. MCLENNAN 93, 4, 97, DISTRIBUTION 2016 OF COLLECTION 01/ 61- 31- 92- TAX DEPOSIT 11/ COUNTY PENALTY 6. 6. FROM: 0001 INTEREST
00 00 00 JURISDICTION: DISCOUNT GIVEN ' LEVY PAID 39 41 80 914. 392. 306. 113, 200, 314,
2635762 4, 4, DEPOSIT ALL 22 TAX RATE 09: DATE: 07: SELECTION: O S FUND 2016 D RECEIPT M &I TOTAL& 01/ CURR CURR CURR 12/ TC298 YEAR 52 00 52 12 00 12 85 00 85 31 00 31 48 00 48 75 00 75 55 00 55 69 00 69 32 00 32 78 00 78 18 00 18 93 00 93
2. 2. 3. 3. 1. 1. 1. 1. PAYMENT AMOUNT 103. 103. 29. 29. 24. 24. 29. 29. 12. 12. 12. 12. 14. 14.
4
00 00 00 00 00 00 00 00 00 00 00 00 REFUND AMOUNT 00 00 00 00 00 00 00 00 00 00 00 00 00 00 00 00 00 00 00 00 00 00 00 00 PAGE: ROLLBACK 00 00 00 00 00 00 00 00 00 00 00 00 00 00 00 00 00 00 00 00 00 00 00 00 00 00 00 00 00 00 00 00 00 00 00 00 AG OTHER FEES
INCLUDES 10 00 10 80 00 80 14 00 14 86 00 86 41 00 41 13 00 13 09 00 09, 45 00 45 55 00 55 23 00 23 15 00 15 13 00 13 ATTORNEY 17. 17. 4. 4. 4. 4. 4. 4. 2. 2. 2. 2. 2. 2.
42 00 42 32 00 32 71 00 71 45 00 45 07 00 07 62 00 62 46 00 46 24 00 24 77 00 77 55 00 55 03 00 03 80 00 80
1. 1. 1. 1. DISBURSE TOTAL 86. 86. 24. 24. 20. 20. 24. 24. 2. 2. 10. 10. 10. 10. 12. 12. 2. 2. 2016 30/ 11/ SYSTEM ROAD TIF 00 00 00 00 00 00 00 00 00 00 00 00 00 00 00 00 00 00 00 00 00 00 00 00 00 00 00 00 00 00 00 00 00 00 00 00 THRU AMOUNT DISTRIBUTION 2016 MARKET TO COLLECTION 01/ 44 00 44 97 00 97 34 00 34 82 00 82 08 00 08 74 00 74 90 00 90 18 00 18 67 00 67 96 00 96 66 00 66 52 00 52 TAX 11/ 9. 9. 9. 9. 1. 1. 5. 5. 5. 5. 7. 7. 1. 1. DEPOSIT FARM PENALTY 31. 31. 11. 11. FROM: 0002 INTEREST
00 00 00 00 00 00 00 00 00 00 00 00 00 00 00 00 00 00 00 00 00 00 00 00 00 00 00 00 00 00 00 00 00 00 00 00 JURISDICTION: DISCOUNT GIVEN
98 00 98 35 00 35 37 00 37 63 00 63 99 00 99 88 00 88 56 00 56 06 00 06 10 00 10 59 00 59 37 00 37 28 00 28
4. 4. 4. 4. 5. 5. 1. 1. LEVY PAID 54. 54. 14. 14. 11. 11. 12. 12. 2635762 DEPOSIT ALL 22 TAX RATE 09: DATE: 023685 000000 023685 021548 000000 021548 021548 000000 021548 021600 000000 021600 014200 000000 014200 012300 000000 012300 011900 000000 011900 011300 000000 011300 012000 000000 012000 009300 000000 009300 011500 000000 011500 011700 000000 011700 07: SELECTION: 0 S . . 0 S . . 0 S . . 0 S . . 0 S . . 0 S . . 0 S . . 0 S . . 0 S . . 0 S . . 0 S . . 0 S . . FUND 2016 D RECEIPT M &I TOTAL& . M &I TOTAL& . M &I TOTAL& . M &I TOTAL& . M &I TOTAL& . M &I TOTAL& . M &I TOTAL& . M &I TOTAL& . M &I TOTAL& . M &I TOTAL& . M &I TOTAL& . M &I TOTAL& . 01/ YEAR 2012 2011 2010 2009 2008 2007 2006 2005 2004 2003 2002 2001 12/ TC298- 85 00 85 78 00 78 26 00 26 05 00 05 66 00 66 08 00 08 08 00 08 00 00 00
1. 1. 6. 6. 2. 2. 2. 2. PAYMENT AMOUNT 250. 250. 250. 250.
5 REFUND AMOUNT 00 00 00 00 00 00 00 00 00 00 00 00 00 00 00 00 00 00 00 00 00 00 00 00 PAGE: ROLLBACK 00 00 00 00 00 00 00 00 00 00 00 00 00 00 00 00 00 00 00 00 00 00 00 00 AG OTHER FEES
INCLUDES 11 00 11 23 00 23 82 00 82 27 00 27 35 00 35 82 00 82 82 00 82 00 00 00 ATTORNEY 40. 40. 40. 40.
74 00 74 55 00 55 44 00 44 78 00 78 31 00 31 26 00 26 26 00 26 00 00 00
1. 1. 5. 5. 1. 1. 2. 2. TOTAL 209. 209. 209. 209. DISBURSE 60 gal* 2016 26; euts D OFPUry 30/ 2 lom CatonOman 11/ C 00 00 00 00 00 00 00 00 00 00 00 00 00 00 00 00 00 SYSTEM ROAD TIF 00 00 00 00 00 00 00 DE worn 31tAth THRU AMOUNT A ', wo. DISTRIBUTION 2016 MARKET F„ TO COLLECTION 01/ 49 00 49 06 00 06 77 00 77 25 00 25 65 00 65 50 00 50 50 00 50 00 00 00 TAX 11/ 1. 1. 3. 3. 1. 1. 1. 1. DEPOSIT FARM PENALTY 94. 94. 94. 94. FROM: 0002 INTEREST
00 00 00 00 00 00 00 00 00 00 00 00 00 00 00 00 00 00 00 00 00 00 00 00 JURISDICTION: DISCOUNT GIVEN '
25 00 25 49 00 49 67 00 67 53 00 53 66 00 66 76 00 76 76 00 76 00 00 00 LEVY PAID 1. 1. 114. 114. 114. 114. 2635762 DEPOSIT ALL 22 TAX RATE 09: DATE: 010200 000000 010200 020500 000000 020500 018200 000000 018200 021800 000000 021800 027300 000000 027300 07: SELECTION: 0 S . . 0 S . . 0 S . . 0 S . . 0 S . . 0 S 0 S 0 S FUND 2016 D RECEIPT M &I TOTAL& . M &I TOTAL& . M &I TOTAL& . M &I TOTAL& . M &I TOTAL& . M &I TOTAL& M &I TOTAL& M &I TOTAL& 01/ YEAR 2000 1999 1998 1997 1996 ALL ALL ALL DLQ DLQ DLQ CURR CURR CURR 12/ TC298 REMAINS LIFTED:
AUTHORIZATION RE: BURN BAN IN THE UNINCORPORATED AREAS OF MCLENNAN COUNTY
On this the 20 day of December, 2016, came on for consideration the matter of Authorization re: Burn Ban in the Unincorporated Areas of McLennan County. Commissioner Perry made a motion to approve and it was seconded by Commissioner Jones. A vote being called for, voting in favor of said motion was Judge Felton, Commissioner Snell, Commissioner Gibson, Commissioner Jones and Commissioner Perry. It is ordered by the Court that said Authorizations re: Burn Ban in the Unincorporated Areas of McLennan County be, and the same is hereby, approved by unanimous vote. The Court went to item H. 4. Authorization of Indigent Care Affiliation Agreement: Seton Family of Hospitals on behalf of Affiliated Hospitals. ORDER APPROVING:
AUTHORIZATION OF INDIGENT CARE AFFILIATION AGREEMENT:
SETON FAMILY OF HOSPITALS ON BEHALF OF AFFILIATED HOSPITALS
On this the 20 day of December, 2016, came on for consideration the matter of Authorization of Indigent Care Affiliation Agreement: Seton Family of Hospitals on behalf of Affiliated Hospitals. After discussion, Commissioner Jones made a motion to approve and it was seconded by Commissioner Perry. A vote being called for, voting in favor of said motion was Judge Felton, Commissioner Snell, Commissioner Gibson, Commissioner Jones and Commissioner Perry. It is ordered by the Court that said Authorization be, and the same is hereby, approved by unanimous vote. INDIGENT CARE AFFILIATION AGREEMENT
This McLennan County Indigent Care Affiliation Agreement ( the" Agreement") is entered into as of NEC, , 2D' , 2016 (" Effective Date"), by and among McLennan County and Seton Family of Hospitals, on behalf of the hospitals listed on Exhibit 1 (" Affiliated Hospitals"). All hospitals listed in Exhibit I are organized and licensed under the laws of the State of Texas and their principal offices are provided.
RECITALS
WHEREAS, the Affiliated Hospitals provide millions of dollars in uncompensated care to the Medicaid population annually;
WHEREAS, the County and the Affiliated Hospitals desire to ensure that the indigent have access to and receive quality hospital services;
WHEREAS, the County and the Affiliated Hospitals recognize that they need to cooperate to ensure their ability to deliver cost efficient inpatient and outpatient hospital services;
WHEREAS, the County and the Affiliated Hospitals recognize that it is in the County' s best interest to increase funding for the Medicaid population and to access local and federal funding to which the Affiliated Hospitals are entitled under Medicaid supplemental payment principles; and
WHEREAS, the County and Affiliated Hospitals recognize that the County, by increasing funding for the Medicaid population in its community, through funding of Medicaid payments to the Affiliated Hospitals, will promote the public purpose of ensuring continued access to hospital services for the County' s residents and expanding the delivery of healthcare services to the community.
NOW, THEREFORE, in consideration of the promises and covenants contained in this Agreement, and other good and valuable consideration, the receipt and adequacy of which are hereby acknowledged and agreed, the parties agree as follows:
1. 0 DEFINITIONS
1. 1 " County Fiscal Year" means the twelve- month period beginning October I and ending September 31.
1. 2 " McLennan County Supplemental Payment Program" means a McLennan County Medicaid payment program developed for the Affiliated Hospitals, for example programs developed under the Texas Section 1115 Waiver or a successor program.
2. 0 REPRESENTATIONS AND WARRANTIES
2. 1 Affiliated Hospitals' Representations and Warranties. The Affiliated Hospitals
represent and wan-ant that: 2. 1. 1 There is no agreement to condition any amounts transferred by the County nor the amount of Medicaid supplemental payments received by the Affiliated Hospitals on the amount of indigent care the Affiliated Hospitals have provided or will provide;
2. 1. 2 There is no agreement to condition the amount of the Affiliated Hospitals' indigent care services on the amount transferred by the County nor the amount of any Medicaid supplemental payment the Affiliated Hospitals might receive;
2. 1. 3 No escrow, trust, or other funding mechanism exists, the amount of which is conditioned or contingent on the amount of indigent care services provided or to be provided by the Affiliated Hospitals; and that any escrow, trust or other funding mechanism utilized in connection with an anticipated intergovernmental transfer (" IGT") from the County has been disclosed to the Texas Health and Human Services Commission HHSC") and is not used to effect a quid pro quo for the provision of indigent care services by or on behalf of the Affiliated Hospitals;
2. 1. 4 The County has not received and will not receive refunds of payments the County made or makes to the Affiliated Hospitals for any purpose in consideration for an IGT by the County to fund Medicaid supplemental payments.
2. 2 County Representations and Warranties. The County represents and warrants that:
2.2. 1 There is no agreement to condition the amount transferred by the County nor the amount of Medicaid supplemental payments received by the Affiliated Hospitals on the amount of indigent care the Affiliated Hospitals have provided or will provide;
2.2.2 There is no agreement to condition the amount of the Affiliated Hospitals' indigent care services on the amount transferred by the County nor the amount of any Medicaid supplemental payment the Affiliated Hospitals might receive;
2. 2.3 No escrow, trust, or other funding mechanism exists, the amount of which is conditioned or contingent on the amount of indigent care services provided or to be provided by the Affiliated Hospitals; and that any escrow, trust or other funding mechanism utilized in connection with an anticipated IGT from the County has been disclosed to HHSC and is not used to effect a quid pro quo for the provision of indigent care services by or on behalf of the Affiliated Hospitals;
2.2.4 The County has not received and will not receive refunds of payments the County made or makes to the Affiliated Hospitals for any purpose in consideration for an IGT by the County to fund Medicaid supplemental payments; and
2 2.2.5 The County will fund any transfers with County public funds. Any transfer of County public funds for purposes of the McLennan County Supplemental Payment Program, subject to the County' s discretion, will occur on a timeline set by the HHSC.
3.0 AFFILIATED HOSPITALS' RESPONSIBILITIES
3. 1 Compliance with State and Federal Law. Each Affiliated Hospital agrees to retain qualified professionals to ensure health care services are provided in compliance with state and federal charity care laws, anti- trust laws, and any other applicable laws, and the Medicare and Medicaid programs.
3.2 Compliance with HIPAA. To the extent applicable to this Agreement, the Affiliated Hospitals agree to comply with the Health Insurance Portability. and Accountability Act of 1996, as codified at 42 U.S.C. Section 1320d, et seq. HIPAA"),' and any current and future regulations promulgated thereunder, including, without limitation, the federal privacy regulations contained in 45 C. F. R. Parts 160 and 164 ( the " Federal Privacy Regulations"), the federal security standards contained in 45 C.F. R. Parts 160, 162, and 164 ( the " Federal Security Regulations"), and the federal standards for electronic transactions contained in 45 C. F. R. Parts 160 and 162 ( the" Federal Electronic Transaction Regulations"), all as amended from time to time, and all collectively. referred to herein as " HIPAA Requirements." The Affiliated Hospitals agree not to use or further disclose any Protected Health Information ( as defined in the Federal Privacy Regulations) or EPHI ( as defined in the Federal Security Regulations), other than as permitted by the HIPAA Requirements and the terms of the Agreement. In addition, the Affiliated Hospitals agree to comply with any state laws and regulations that govern or pertain to the confidentiality, privacy, security of, and electronic transactions pertaining to, health care information.
As and to the extent required by law, upon the written request of the Secretary of Health and Human Services, the Comptroller General or any of their duly authorized representatives, the Affiliated Hospitals shall make available those contracts, books, documents and records necessary to verify the nature and extent of the costs of providing services under this Agreement. Such inspection shall be available for up to four ( 4) years after rendering of such services. The Affiliated Hospitals will also indemnify and hold the County harmless if any amount of reimbursement is denied or disallowed because of the Affiliated Hospitals' failure to comply with the obligations set forth in this section. Such indemnity shall include, but not be limited to, the amount of reimbursement denied, plus any interest, penalties and legal costs. If the Affiliated Hospitals carry out any of the duties of this Agreement through a subcontract with a value of$ 10,000.00 or more over a twelve ( 12) month period with a related individual or organization, the Affiliated Hospitals agree to include this requirement in any such subcontract. This section is included pursuant to, and is governed by the requirements of, 42. U.S. C. 1395x(v)( 1) and the regulations thereto.
3 3. 3 Program Participation. At all times during the term of this Agreement, each Affiliated Hospital shall use their best efforts to maintain its qualifications for participation in the Medicaid and Medicare programs.
3. 4 Documentation. The Affiliated Hospitals will provide the County documentation that demonstrates the amount and types of health care services historically provided by the Affiliated Hospitals ( including indigent health care and Medicaid services historically provided in its community) on a quarterly basis.
4. 0 COUNTY RESPONSIBILITIES
4. 1 Funding Hospital Medicaid Services. The County agrees that it will not condition the amount to which it funds the non- federal share of Medicaid supplemental payments on a specified or required minimum amount of prospective indigent care.
4.2 Retrospective Evaluation of Services. The County may retrospectively evaluate the amount and impact of the Affiliated Hospitals' indigent care delivery and can rely on such historical information in determining whether and to what degree it will provide an IGT and/ or set aside government funds in the future.
4.3 Compliance with HIPAA. The County agrees to comply with the Health Insurance Portability and Accountability Act of 1996, as codified at 42 U.S. C. Sections 1320d, et seq. (" HIPAA"), and any current and future regulations promulgated thereunder, including, without limitation, the federal privacy regulations contained in 45 C.F. R. Parts 160 and 164 ( the " Federal Privacy Regulations"), the federal security standards contained in 45 C. F. R. Parts 160, 162, and 164 ( the " Federal Security Regulations"), and the federal standards for electronic transactions contained in 45 C.F.R. Parts 160 and 162 ( the " Federal Electronic Transaction Regulations"), all as amended from time to time, and all collectively referred to herein as " HIPAA Requirements." The County agrees not to use or further disclose any Protected Health Information ( as defined in the Federal Privacy Regulations) or EPHI ( as defined in the Federal Security Regulations), other than as permitted by the HIPAA Requirements and the terms of the Agreement. In addition, the County agrees to comply with any state laws and regulations that govern or pertain to the confidentiality, privacy, security of, and electronic transactions pertaining to, health care information.
As and to the extent required by law, upon the written request of the Secretary of Health and Human Services, the Comptroller General or any of their duly authorized representatives, the County shall make available those contracts, books, documents and records necessary to verify the nature and extent of the costs of providing services under this Agreement. Such inspection shall be available for up to four (4) years after rendering of such services. The County will also indemnify and hold the Affiliated Hospitals harmless if any amount of reimbursement is denied or disallowed because of the County' s failure to comply with the obligations set forth in this section. Such indemnity shall include, but not be limited to, the amount of reimbursement denied, plus any interest, penalties and
4 legal costs. If the County carries out any of the duties of this Agreement through a subcontract with a value of$ 10, 000. 00 or more over a twelve ( 12) month period with a related individual or organization, the Affiliated Hospitals agree to include this requirement in any such subcontract. This section is included pursuant to, and is governed by the requirements of, 42. U.S. C. § 1395x(v)( 1) and the regulations thereto.
4.4 Documents Publicly Available. The County agrees to make publicly available any documentation utilized in connection with intergovernmental transfers of County funds.
4.5 Use of County Public Funds. To the extent the County decides to provide funding for the McLennan County Medicaid Supplemental Payment Program, the County agrees to use County public funds for such funding.
5.0 GENERAL PROVISIONS
5. 1 Admission of New Affiliated Hospitals. Upon prior written consent of the Affiliated Hospitals, the County may amend this Agreement to add one or more Affiliated Hospitals. A copy of such amendment shall be provided to each party to this Agreement at the address set forth in Section 6. 3 below.
5. 2 Term and Termination. Any party may terminate its participation in this Agreement by providing thirty( 30) days written notice to all other parties.
5.3 Notices. All notices required or permitted hereunder shall be in writing and shall be sufficiently given and deemed to have been received upon personal delivery, by overnight carrier, by email, or by United States mail, postage prepaid, registered or certified mail, addressed to the parties as follows:
County: McLennan County Courthouse 501 Washington Ave. Waco, Texas 76701 Attn: County Judge
Affiliated Hospitals: Each Hospital listed in Exhibit 1 to the addresses provided therein.
With Copies to: Carlos Zaffirini Jr. Adelanto HealthCare Ventures, L.L.C. 401 W. 151° Street, Suite 840 Austin, Texas 78701
Charles Luband Dentons 1221 Avenue of the Americas New York, NY 10020
5 5.4 Relationship Between the Parties. The relationship between the County and the Affiliated Hospitals is solely a contractual relationship between independent contractors. No party hereto is an agent or employee of any other party.
5. 5 Governing Law. This Agreement shall be governed by the laws of the State of Texas. The Affiliated Hospitals understand that the County is a political subdivision of the State of Texas and governed by certain statutes applicable thereto.
5.6 Assignment. No party may assign any right, obligation, or responsibility under this Agreement except to a successor in interest.
5.7 Third Party Beneficiaries. The parties to this Agreement do not intend to establish any third party beneficiary relationship by virtue ofthis Agreement.
5.8 Non- Appropriation by County. Notwithstanding anything in this Agreement to the contrary, any decision on the part of the County to make payments hereunder is subject to the appropriation of sufficient funds for such payments by the McLennan County Commissioners Court. If for any reason the County fails to appropriate sufficient funds or grant expenditure authority, or funds become unavailable by operation of law, it shall relieve the County from any obligation to make such payments during the term of the non-appropriation.
5.9 Severability. If any provision of this Agreement shall be held invalid or unenforceable by any court of competent jurisdiction, such holding shall not invalidate or render unenforceable any other provision hereof, but rather this entire Agreement will be construed as if not containing the particular invalid or unenforceable provision or provisions, and the rights and obligation of the parties shall be construed and enforced in accordance therewith. The parties acknowledge that if any provision of this Agreement is determined to be invalid or unenforceable, it is the desire and intention of each that such provision be reformed and construed in such a manner that it will, to the maximum extent practicable, give effect to the intent of this Agreement and be deemed to be validated and
enforceable.
5. 10 Compliance with Laws. Each party to this Agreement shall comply with all federal, state, and local laws, statutes, ordinances, rules and regulations, and the orders and decrees of any courts or administrative bodies or tribunals in any matter affecting performance of this Agreement.
6 IN WITNESS WHEREOF. the parties have executed this Agreement as of the date( s) set forth below.
COUNTY: MCLENNAN COUNTY
By: . J77.
Printed Name: Scott M. Felton t Z/ ' Title: County Judge
AFFILIATED HOSPITALS: SETON FAMILY OF HOSPITALS, on behalf of the Affiliated Hospitals listed in Exhibit 1 ( attached hereto and made a part of this Agreement)
By: Printed Name:
Title:
7 Exhibit 1
Legal Business Name' Address Pity State! Zip University Medical Austin Texas 78701 Center at Brackenridge 601 East 15th Street Seton Smithville Smithville Texas 78957 Regional Hospital 1201 Hill Road Seton Southwest Austin Texas 78737 Hospital 7900 FM- 1826
Seton Shoal Creek 3501 Mills Avenue Austin Texas 78731
Dell Children' s Medical Austin Texas 78723 Center 4900 Mueller Blvd
Seton Edgar B. Davis 130 Hays Street Luling Texas 78648 Seton Medical Center Austin Texas 78705 . Austin 1201 West 38th Street Seton Medical Center Round Rock Texas 78665 Williamson 201 Seton Parkway Seton Medical Center Kyle Texas 78640 Hays 6001 Kyle Parkway Seton Northwest 11113 Research Austin Texas 78759 Hospital Boulevard
8 FILED: DEC 2 0 2013 J.A wilirtiailWELL.Catty ma. trumpNair.Tens av* mailman Den, ORDER APPROVING:
AUTHORIZATION OF INDIGENT CARE AFFILIATION AGREEMENT:
BAYLOR SCOTT& WHITE HEALTH ON BEHALF OF THE BAYLOR SCOTT& WHITE HEALTH HOSPITALS
On this the 20 day of December, 2016, came on for consideration the matter of Authorization of Indigent Care Affiliation Agreement: Baylor Scott& White Health on Behalf of the Baylor Scott
White Health Hospitals. After discussion, Commissioner Jones made a motion to approve and it was seconded by Commissioner Snell. A vote being called for, voting in favor of said motion was Judge Felton, Commissioner Snell, Commissioner Gibson, Commissioner Jones and Commissioner Perry. It is ordered by the Court that said Authorization be, and the same is hereby, approved by unanimous vote. INDIGENT CARE AFFILIATION AGREEMENT
This McLennan County Indigent Care Affiliation Agreement( the" Agreement") is entered into 0t" , as of 1%'( . 2016(" Effective Date"), by and among McLennan County and Baylor Scott& White Health on behalf of the Baylor Scott & White I-lealth hospitals listed on Exhibit I Affiliated Hospitals"). All hospitals listed in Exhibit I are organized and licensed under the laws of the State of Texas and their principal offices are provided.
RECITALS
WHEREAS, the Affiliated Hospitals provide millions of dollars in uncompensated care to the Medicaid population annually;
WHEREAS, the County and the Affiliated Hospitals desire to ensure that the indigent have access to and receive quality hospital services;
WHEREAS, the County and the Affiliated Hospitals recognize that they need to cooperate to ensure their ability to deliver cost efficient inpatient and outpatient hospital services;
WHEREAS, the County and the Affiliated Hospitals recognize that it is in the County' s best interest to increase funding for the Medicaid population and to access local and federal funding to which the Affiliated Hospitals are entitled under Medicaid supplemental payment principles; and
WHEREAS. the County and Affiliated Hospitals recognize that the County, by increasing funding for the Medicaid population in its community, through funding of Medicaid payments to the Affiliated Hospitals, will promote the public purpose of ensuring continued access to hospital services for the County' s residents and expanding the delivery of healthcare services to the community.
NOW, THEREFORE, in consideration of the promises and covenants contained in this Agreement, and other good and valuable consideration, the receipt and adequacy of which are hereby acknowledged and agreed, the parties agree as follows:
1. 0 DEFINITIONS
1. 1 " County Fiscal Year" means the twelve- month period beginning October I and ending September 31.
1. 2 " McLennan County Supplemental Payment Program" means a McLennan County Medicaid payment program developed for the Affiliated Hospitals, for example programs developed under the Texas Section 1 115 Waiver or a successor program.
2. 0 REPRESENTATIONS AND WARRANTIES
2. 1 Affiliated Hospitals' Representations and Warranties. ' fhe Affiliated Hospitals
represent and warrant that: 2. 1. 1 There is no agreement to condition any amounts transferred by the County nor the amount of Medicaid supplemental payments received by the Affiliated Hospitals on the amount of indigent care the Affiliated Hospitals have provided or will provide;
2. 1. 2 There is no agreement to condition the amount of the Affiliated Hospitals' indigent care services on the amount transferred by the County nor the amount of any Medicaid supplemental payment the Affiliated Hospitals might receive;
2. 1. 3 No escrow, trust, or other funding mechanism exists, the amount of which is conditioned or contingent on the amount of indigent care services provided or to be provided by the Affiliated Hospitals; and that any escrow, trust or other funding mechanism utilized in connection with an anticipated intergovernmental transfer (" IGT") from the County has been disclosed to the Texas Health and Human Services Commission HHSC") and is not used to effect a quid pro quo for the provision of indigent care services by or on behalf of the Affiliated Hospitals;
2. 1. 4 The County has not received and will not receive refunds of payments the County made or makes to the Affiliated Hospitals for any purpose in consideration for an IGT by the County to fund Medicaid supplemental payments.
2. 2 County Representations and Warranties. The County represents and warrants that:
2.2. 1 There is no agreement to condition the amount transferred by the County nor the amount of Medicaid supplemental payments received by the Affiliated Hospitals on the amount of indigent care the Affiliated Hospitals have provided or will provide;
2.2.2 There is no agreement to condition the amount of the Affiliated Hospitals' indigent care services on the amount transferred by the County nor the amount of any Medicaid supplemental payment the Affiliated Hospitals might receive;
2. 2. 3 No escrow, trust, or other funding mechanism exists, the amount of which is conditioned or contingent on the amount of indigent care services provided or to be provided by the Affiliated Hospitals; and that any escrow, trust or other funding mechanism utilized in connection with an anticipated IGT from the County has been disclosed to HHSC and is not used to effect a quid pro quo for the provision of indigent care services by or on behalf of the Affiliated Hospitals;
2. 2. 4 The County has not received and will not receive refunds of payments the County made or makes to the Affiliated Hospitals for any purpose in consideration for an IGT by the County to fund Medicaid supplemental payments; and
2 2. 2.5 The County will fund any transfers with County public funds. Any transfer of County public funds for purposes of the McLennan County Supplemental Payment Program, subject to the County' s discretion, will occur on a timeline set by the HHSC.
3.0 AFFILIATED HOSPITALS' RESPONSIBILITIES
3. 1 Compliance with State and Federal Law. Each Affiliated Hospital agrees to retain qualified professionals to ensure health care services are provided in compliance with state and federal charity care laws, anti-trust laws, and any other applicable laws, and the Medicare and Medicaid programs.
3.2 Compliance with HIPAA. To the extent applicable to this Agreement, the Affiliated Hospitals agree to comply with the Health Insurance Portability and Accountability Act of 1996, as codified at 42 U.S. C. Section 1320d, et seq. HIPAA"), and any current and future regulations promulgated thereunder, including, without limitation, the federal privacy regulations contained in 45 C. F.R. Parts 160 and 164 ( the " Federal Privacy Regulations"), the federal security standards contained in 45 C.F. R. Parts 160, 162, and 164 ( the " Federal Security Regulations"), and the federal standards for electronic transactions contained in 45 C. F.R. Parts 160 and 162 ( the" Federal Electronic Transaction Regulations"), all as amended from time to time, and all collectively referred to herein as " HIPAA Requirements." The Affiliated Hospitals agree not to use or further disclose any Protected Health Information ( as defined in the Federal Privacy Regulations) or EPHI ( as defined in the Federal Security Regulations), other than as permitted by the HIPAA Requirements and the terms of the Agreement. In addition, the Affiliated Hospitals agree to comply with any state laws and regulations that govern or pertain to the confidentiality, privacy, security of, and electronic transactions pertaining to, health care information.
As and to the extent required by law, upon the written request of the Secretary of Health and Human Services, the Comptroller General or any of their duly authorized representatives, the Affiliated Hospitals shall make available those contracts, books, documents and records necessary to verify the nature and extent of the costs of providing services under this Agreement. Such inspection shall be available for up to four ( 4) years after rendering of such services. The Affiliated Hospitals will also indemnify and hold the County harmless if any amount of reimbursement is denied or disallowed because of the Affiliated Hospitals' failure to comply with the obligations set forth in this section. Such indemnity shall include, but not be limited to, the amount of reimbursement denied, plus any interest, penalties and legal costs. If the Affiliated Hospitals carry out any of the duties of this Agreement through a subcontract with a value of$ 10,000.00 or more over a twelve ( 12) month period with a related individual or organization, the Affiliated Hospitals agree to include this requirement in any such subcontract. This section is included pursuant to, and is governed by the requirements of,42. U.S. C. 1395x(v)( 1) and the regulations thereto.
3 3.3 Program Participation. At all times during the term of this Agreement, each Affiliated Hospital shall use their best efforts to maintain its qualifications for participation in the Medicaid and Medicare programs.
3.4 Documentation. The Affiliated Hospitals will provide the County documentation that demonstrates the amount and types of health care services historically provided by the Affiliated Hospitals ( including indigent health care and Medicaid services historically provided in its community) on a quarterly basis.
4.0 COUNTY RESPONSIBILITIES
4. 1 Funding Hospital Medicaid Services. The County agrees that it will not condition the amount to which it funds the non- federal share of Medicaid
supplemental payments on a specified or required minimum amount of prospective indigent care.
4.2 Retrospective Evaluation of Services. The County may retrospectively evaluate the amount and impact of the Affiliated Hospitals' indigent care delivery and can rely on such historical information in determining whether and to what degree it will provide an IGT and/ or set aside government funds in the future.
4.3 Compliance with HIPAA. The County agrees to comply with the Health Insurance Portability and Accountability Act of 1996, as codified at 42 U.S. C. Sections 1320d, et seq. (" HIPAA"), and any current and future regulations promulgated thereunder, including, without limitation, the federal privacy regulations contained in 45 C. F.R. Parts 160 and 164 ( the " Federal Privacy Regulations"), the federal security standards contained in 45 C. F. R. Parts 160, 162, and 164 ( the " Federal Security Regulations"), and the federal standards for electronic transactions contained in 45 C. F. R. Parts 160 and 162 ( the " Federal Electronic Transaction Regulations"), all as amended from time to time, and all collectively referred to herein as " HIPAA Requirements." The County agrees not to use or further disclose any Protected Health Information ( as defined in the Federal Privacy Regulations) or EPHI ( as defined in the Federal Security Regulations), other than as permitted by the HIPAA Requirements and the terms of the Agreement. In addition, the County agrees to comply with any state laws and regulations that govern or pertain to the confidentiality, privacy, security of, and electronic transactions pertaining to, health care information.
As and to the extent required by law, upon the written request of the Secretary of Health and Human Services, the Comptroller General or any of their duly authorized representatives, the County shall make available those contracts, books, documents and records necessary to verify the nature and extent of the costs of providing services under this Agreement. Such inspection shall be available for up to four (4) years after rendering of such services. The County will also indemnify and hold the Affiliated Hospitals harmless if any amount of reimbursement is denied or disallowed because of the County' s failure to comply with the obligations set forth in this section. Such indemnity shall include, but not be limited to, the amount of reimbursement denied, plus any interest, penalties and legal costs. If the County carries out any of the duties of this Agreement through a
4 subcontract with a value of$ 10, 000.00 or more over a twelve ( 12) month period with a related individual or organization, the Affiliated Hospitals agree to include this requirement in any such subcontract. This section is included pursuant to, and is governed by the requirements of, 42. U. S. C. § 1395x(v)( 1) and the regulations thereto.
4. 4 Documents Publicly Available. The County agrees to make publicly available any documentation utilized in connection with intergovernmental transfers of County funds.
4. 5 Use of County Public Funds. To the extent the County decides to provide funding for the McLennan County Medicaid Supplemental Payment Program, the County agrees to use County public funds for such funding.
5.0 GENERAL PROVISIONS
5. 1 Admission of New Affiliated Hospitals. Upon prior written consent of the Affiliated Hospitals, the County may amend this Agreement to add one or more Affiliated Hospitals. A copy of such amendment shall be provided to each party to this Agreement at the address set forth in Section 6.3 below.
5.2 Term and -Termination; Any party may terminate its participation in this Agreement by providing thirty( 30) days written notice to all other parties.
5.3 Notices. All notices required or permitted hereunder shall be in writing and shall be sufficiently given and deemed to have been received upon personal delivery, by overnight carrier, by email, or by United States mail, postage prepaid, registered or certified mail, addressed to the parties as follows:
County: McLennan County Courthouse 501 Washington Ave. Waco, Texas 76701 Attn: County Judge
Affiliated Hospitals: Each Hospital listed in Exhibit 1 to the addresses provided therein.
With Copies to: Carlos Zaffirini Jr. Adelanto HealthCare Ventures, L.L.C. 401 W. 15th Street, Suite 840 Austin, Texas 78701
Charles Luband Dentons 1221 Avenue of the Americas New York, NY 10020
5.4 Relationship Between the Parties. The relationship between the County and the Affiliated Hospitals is solely a contractual relationship between independent contractors. No party hereto is an agent or employee of any other party.
5 5.5 Governing Law. This Agreement shall be governed by the laws of the State of Texas. The Affiliated Hospitals understand that the County is a political . subdivision of the State of Texas and governed by certain statutes applicable thereto.
5. 6 Assignment. No party may assign any right, obligation, or responsibility under this Agreement except to a successor in interest.
5. 7 Third Party Beneficiaries. The parties to this Agreement do not intend to establish any third party beneficiary relationship by virtue of this Agreement.
5.8 Non- Appropriation by County. Notwithstanding anything in this Agreement to the contrary, any decision on the part of the County to make payments hereunder is subject to the appropriation of sufficient funds for such payments by the McLennan County Commissioners Court. If for any reason the County fails to appropriate sufficient funds or grant expenditure authority, or funds become unavailable by operation of law, it shall relieve the County from any obligation to make such payments during the term of the non- appropriation.
5.9 Severability. If any provision of this Agreement shall be held invalid or unenforceable by any court of competent jurisdiction, such holding shall not invalidate or render unenforceable any other provision hereof, but rather this entire Agreement will be construed as if not containing the particular invalid or unenforceable provision or provisions, and the rights and obligation of the parties shall be construed and enforced in accordance therewith. The parties acknowledge that if any provision of this Agreement is determined to be invalid or unenforceable, it is the desire and intention of each that such provision be reformed and construed in such a manner that it will, to the maximum extent practicable, give effect to the intent of this Agreement and be deemed to be validated and
enforceable.
5. 10 Compliance with Laws. Each party to this Agreement shall comply with all federal, state, and local laws, statutes, ordinances, rules and regulations, and the orders and decrees of any courts or administrative bodies or tribunals in any matter affecting performance of this Agreement.
6 IN WITNESS WHEREOF, the parties have executed this Agreement as of the date( s) set forth below.
COUNTY: MCLENNAN COUNTY
By: i• Printed Name: Scott M. Felton
Title: Counly. lurtge
AFFILIATED HOSPITALS: BAYLOR SCOTT Si WHITE HEALTH, on behalf of the Affiliated Hospitals listed in Exhibit 1 ( attached hereto and made a part of this Agreement)
By:
Printed Name:
Title:
7 Exhibit 1
Legal Business Name Address City state. Zip Scott& White Hospital- Llano Texas 78643- 2628 Llano 200 W. 011ie St Scott& White Hospital- Brenham Texas 77833- 5413 Brenham 700 Medical Parkway Scott& White Hospital- Marble Falls Texas 78654 Marble Falls 810 W Hwy 71 Scott& White Hospital- Round Rock Texas 78665- 1032 Round Rock 300 University Blvd Scott& White Hospital- Taylor Texas 76574- 1208 Taylor 305 Mallard Ln. Scott& White Hospital- College Station Texas 77845- 6441 College Station 700 Scott& White Dr.
Baylor Medical Center at Waxahachie Texas 75165- 5240
Waxahachie 2400 N IH 35 E
8 FILED: DEC 2 0 20W6
A' ANUrHAMWELL, CaxrtyDark McLennan Cow. Texas 3v MyrceterGoxanQEPUTv The Court went to item H. 3. Authorization of Amendment # 1 to the Jail Diversion Services Agreement: Heart of Texas Region Mental Health Mental Retardation Center ( re: Pre- Trial Diversion Program). ORDER APPROVING:
AUTHORIZATION OF AMENDMENT# 1 TO THE JAIL DIVERSION SERVICES AGREEMENT:
HEART OF TEXAS REGION MENTAL HEALTH MENTAL RETARDATION CENTER( RE: PRE- TRIAL DIVERSION PROGRAM)
On this the 20 day of December, 2016, came on for consideration the matter of Authorization of Amendment # 1 to the Jail Diversion Services Agreement: Heart of Texas Region Mental Health Mental Retardation Center ( re: Pre- Trial Diversion Program). After discussion, Commissioner Snell made a motion to approve H. 3. and it was seconded by Commissioner Jones. A vote being called for, voting in favor of said motion was Judge Felton, Commissioner Snell, Commissioner Gibson, Commissioner Jones and Commissioner Perry. It is ordered by the Court that said
Authorization be, and the same is hereby, approved by unanimous vote. The Court went back to item E. 3. Human Resources / Salary Matters ( Payroll Status Forms or Changes). AGENDA_ DECEMBER 20, 2016
III. CONSIDERATION OF, AND/OR ACTION ON, THE FOLLOWING:
E. CONSENT AGENDA:
3. Human Resources/ Salary Matters( Payroll Status Forms or Changes):
a. County Engineer: Discussion and/ or Action regarding Replacement Approved of County Engineer including, but not limited to, Replacement See Order) Process; Review/ Action on Resumes/ Applications; and related authorizations as necessary
b. County Court @ Law: Discussion and/ or Action on Appointment of Discussion Only Judge including, but not limited to, Appointment Process, Review/ See Order) Action on Resumes/ Applications, Acceptance of Bond/Oath Documents, related authorizations as necessary
CD-416, 9: 21 ORDER APPROVING:
HUMAN RESOURCES/ SALARY MATTERS:
ACTION RE: REPLACEMENT OF COUNTY ENGINEER INCLUDING, BUT NOT LIMITED TO, REPLACEMENT PROCESS; REVIEW/ ACTION ON RESUMES/APPLICATIONS; AND RELATED AUTHORIZATIONS AS NECESSARY:
COUNTY ENGINEER
On this the 20 day of December 2016, came on for consideration the matter of Human Resources / Salary Matters: County Engineer: County Engineer: Discussion and/ or Action regarding Replacement of County Engineer including, but not limited to, Replacement Process; Review/ Action on Resumes/ Applications; and related authorizations as necessary. After discussion, Commissioner Snell made a motion to approve E. 3. a. ( the job description for County Engineer) and it was seconded by Commissioner Jones. A vote being called for, voting in favor of said motion was Judge Felton, Commissioner Snell, Commissioner Gibson, Commissioner Jones and Commissioner Perry. It is ordered by the Court that said Authorization be, and the same is hereby, approved by unanimous vote.
See Order Re: Replacement of County Engineer after Executive Session* DISCUSSION ONLY:
HUMAN RESOURCES/ SALARY MATTERS:
DISCUSSION AND/OR ACTION ON APPOINTMENT OF JUDGE INCLUDING, BUT NOT LIMITED TO, APPOINTMENT PROCESS, REVIEW/ACTION ON RESUMES/APPLICATIONS, ACCEPTANCE OF BOND/ OATH DOCUMENTS, RELATED AUTHORIZATIONS AS NECESSARY:
COUNTY COURT na LAW
On this the 20 day of December, 2016, came on for consideration the matter of Human Resources/ Salary Matters: County Court @ Law: Discussion and/ or Action on Appointment of Judge including, but not limited to, Appointment Process, Review/ Action on Resumes/ Applications, Acceptance of Bond/Oath
Documents, related authorizations as necessary. The Court discussed the appointment of Judge.
See Order Re: Action on Appointment ofJudge after Executive Session* AGENDA: DECEMBER 20, 2016
F. Budget, Budget Amendments/ Transfers/Changes, Additional Revenue Certifications, Expenditure Requests:
1. Regarding the FY 16 Budget:
a. Indigent Defense Approved
2. Regarding the FY 17 Budget:
a. Road & Bridge, Precinct 2 Approved
b. County Court @ Law Approved
c. HOT Fairgrounds Approved
d. Commissioners Court Approved
e. Law Library Fund( Fund 170) Approved
f. 2016 Certificates of Obligation/ Permanent Improvement Approved Fund ( Fund 416)
Deferred g. Debt Service Payments/ Capital Outlay See after Item L. I.)
h. Justice of the Peace, Precinct 3 ( Fund 130) Approved
i. Authorization of Professional Services Invoice: The Wallace Approved Group( re: McLennan County Facility Roofing Surveys— November Services)
CD-416, 9: 30 ORDER APPROVING FY 2016 BUDGET AMENDMENT:
INDIGENT DEFENSE
On this the 20 day of December, 2016, came on for consideration the matter Regarding the FY 16 Budget: Indigent Defense. After discussion, Commissioner Jones made a motion to approve F. 1 a. and it was seconded by Commissioner Perry. A vote being called for, voting in favor of said motion was Judge Felton, Commissioner Snell, Commissioner Gibson, Commissioner Jones and Commissioner Perry. It is ordered by the Court that said FY 2016 Budget Amendment be, and the same is hereby, approved by unanimous vote. BUDGET AMENDMENT REQUEST
McLennan County Commissioners Court McLennan County Courthouse Waco, Texas 76701
Re: Budget Amendment for Fund 001( General Fund)
Gentlemen:
I hereby request the following budget amendment for the fiscal year ending 09/ 30/ 16:
REQUESTED INCREASE(s)
Sub- Requested Fund Function Func Dept r Dept Name Object( ncaal Account Description Current Budget Increase Amended Budget
001 35 70 5420 ndig Def 617220 Crt Appt Atty- Crt at Law 1 550, 000 8.926 556.926 001 35 70 5420 ndig Def 617231 Crt Appt Atty 54th DC 802, 000 40, 985 842.985 001 35 70 5420 ndig Def 617236 Crt Appt Atty- Child Prot Crt 639, 409 639.409 001 35 70 5420 ndig Def 617501 Paralegal-General 15, 000 3701 18, 701 001 35 70 5420 ndig Def 617620 Prof Inv- Crt at Law 1 1, 400 500 1, 900 001 35 70 5420 ndig Del 617621 Prof Inv- Crt at Law 2 800 1, 961 2.761 001 35 70 5420 ndig Del 617631 Prof lnv 54th DC 45, 000 17, 178 62, 178 001 35 70 5420 ndig Del 617703 Prof Test- Juv Court 500 2. 100 2,600 001 35 70 5420 ndig Del 617720 Prof Test- Crt at Law 1 1 12.049 12, 050 001 35 70 5420 ndig Det 617721 Prof Test- Crt at Law 2 3,000 7.350 10, 350 001 35 70 5420 ndig Del 617730 Prof Test 19th DC 100.000 36.234 136234 001 35 70 5420 ndig Del 617731 Prof Test 54th DC 30.000 39.955 69,955
Total Increases 808, 348
REQUESTED DECREASE(s)
Sub- Requested Fund Funcoon Func Dept 4 Dept Name Object( Act e) Account Description Current Budget Decrease Amended Budget
001 35 70 5420 ndig Def 617202 Crt Appt Ally- Juv Courts 180.000 49.000 131, 000 001 35 70 5420 ndig Del 617221 Crt Appt Atty- Crt at Law 1 550.000 16.798 533, 202 001 35 70 5420 ndig Def 617230 . Crt Appt Atty- 19th DC 1, 177.950 82.000 1. 095, 950 001 35 70 5420 ndig Def 617232 Crt Appt Atty- 74th DC 675,000 441, 000 234, 000 001 35 70 5420 ndig Def 617233 Crt Appt Atty- 170th DC 25,000 25,000 001 35 70 5420 ndig Def 617234 Crt Appt Atty- 414th DC 50,000 45,000 5. 000 001 35 70 5420 ndig Def 617235 Crt Appt Atty- IV- D Court 175,000 54, 000 121. 000 001 35 70 5420 ndig Del 617240 Crt Appt Atty- JP Pct 1- 1 1. 500 750 750 001 35 70 5420 ndig Del 617603 Prof lnv- Juv Court 2.000 2,000 001 35 70 5420 ndig Def 617630 Prof Inv- 19th DC 90.000 15.900 74, 100 001 35 70 5420 ndig Def 617753 Psych- Juv Court 54,000 51. 000 3, 000 001 35 70 5420 ndiq Def 817770 Psych- Crt at Law 1 8, 500 3, 350 5, 150 001 35 70 5420 ndiq Def 617771 Psych- Crt at Law 2 5. 000 3, 050 1, 950 001 35 70 5420 ndig Def 617780 Psych- 19th DC 5, 000 5, 000 001 35 70 5420 ndig Def 617781 Psych- 54th DC 13, 000 13. 000 001 35 70 5420 ndig Def 617782 Psych- 74th DC 1, 500 1. 500
Total Decreases 808, 348
BUDGET AMENDMENT JUSTIFICATION:
This budget amendment is requested to increase/decrease line items within the Indigent Defense department for fiscal year 2016.
Approved by Respectfully Submitted Approved as to form Commissioners Court Requester: County Auditor County Judge
zl700/ 49 FILED: DEC 2 0 2016 1 A' AtiarHARWELL. ConmyCkd, 3vbaretei,McLennan Cowl/.Texas wnn OEPUn ORDER APPROVING FY 2017 BUDGET AMENDMENT:
ROAD & BRIDGE, PRECINCT 2
On this the 20 day of December, 2016, came on for consideration the matter Regarding the FY 17
Budget: Road & Bridge, Precinct 2. After discussion, Commissioner Gibson made a motion to approve and it was seconded by Commissioner Snell. A vote being called for, voting in favor of said motion was Judge Felton, Commissioner Snell, Commissioner Gibson, Commissioner Jones and Commissioner Perry. It is ordered by the Court that said FY 2017 Budget Amendment be, and the same is hereby, approved by unanimous vote. BUDGET AMENDMENT REQUEST
McLennan County Commissioners Court McLennan County Courthouse Waco, Texas 76701
Re: Budget Amendment for: Fund 001 ( General Fund)
Gentlemen:
I hereby request the following budget amendment for the fiscal year ending 09/30/ 17:
REQUESTED INCREASE(s)
Sub- Requested Fund Function Func Dept# Dept Name Object( Acct:#) Account Description Current Budget Increase Amended Budget
001 25 57 3620 R& B 2 601111 Other Services and Charges 6,000 11, 740 17, 740
Total Increases 11, 740
REQUESTED DECREASE(
Sub- Requested Fund Function Func Dept# Dept Name Object( Acct:#) Account Description Current Budget Decrease Amended Budget
001 00 00 3650 so-Wide R& E 999999 Contingencies 250,000 11, 740 238,260
Total Decreases 11, 740
BUDGET AMENDMENT JUSTIFICATION:
This budget amendment is requested to increase the" other services and charges" line item in the Road and Bridge Precinct 2 department for fiscal year 2017. This is related to the Langerman Foster Engineering Company invoice that was approved by Commissioners Court on December 13, 2016.
Approved by Respectfully Submitted Approved as to form Commissioners Court Requestor County Auditor County Judge
FILED: DEC 2 0 2CtSl 1, 4' AworHARWEL1 Codrey( gtt MctonnanCodniy, rem iyliirtcet' Gor,+n ncp1Rv ORDER APPROVING FY 2017 BUDGET AMENDMENT:
COUNTY COURT na, LAW
On this the 20 day of December, 2016, came on for consideration the matter Regarding the FY 17 Budget: County Court @ Law. After discussion, Commissioner Perry made a motion to approve and it was seconded by Commissioner Jones. A vote being called for, voting in favor of said motion was Judge Felton, Commissioner Snell, Commissioner Gibson, Commissioner Jones and Commissioner Perry. It is ordered by the Court that said FY 2017 Budget Amendment be, and the same is hereby, approved by unanimous vote. BUDGET AMENDMENT REQUEST McLennan County Commissioners Court McLennan County Courthouse Waco, Texas 76701
Re: Budget Amendment for. Fund 001 ( General Fund)
Gentlemen:
I hereby request the following budget amendment for the fiscal year ending 09/30/ 17:
REQUESTED INCREASE( s) Sub. Requested Fund Futon Func Dept Dept Name Object( Pats) Account Description Current Budget Increase Amended Budget 001 15 25 1310 CC( L 1 502000 Furniture and Equipment 1 150 151 001 _ 15 25 1320 CC@L 2 502000 Furniture and Equipment 1 150 - 151
Total Increases I 300
REQUESTED DECREASE(s) Sub. Requested Fun@ Functan Fa Dept e . Dept Nana Otyea WM.) Account Description Current Budget Decrease Amended Budget 001 15 25 1310 CC@L 1 501000 Supplies 10, 000 150 9, 850 001 15 25 1320 CC@L 2 601000 Supplies 10, 000 150 9, 850
Total Decreases 300
BUDGET AMENDMENT JUSTIFICATION:
This budget amendment Is requested by County Court at Law# 1 and 02 to Increase the' furniture and equipment" line items by moving from" supplies" within their departments for the purchase of a subwoofer to be used in the courtroom.
Approved by Respectfully Submitted Approved as to form Commissioners Court Requestor County Auditor County Judge Spite/,.../ a—. 1— Z/ 607/(/
FILED: BEG 2 0 2CSo
IA' M UrHARWELL.Coutlry Gies MclemunCour, Texas By MyrceterGowan Mt" m ORDER APPROVING FY 2017 BUDGET AMENDMENT:
HOT FAIRGROUNDS
On this the 20 day of December, 2016, came on for consideration the matter Regarding the FY 17 Budget: HOT Fairgrounds. After discussion, Commissioner Jones made a motion to approve and it was seconded by Commissioner Perry. A vote being called for, voting in favor of said motion was Judge Felton, Commissioner Snell, Commissioner Gibson, Commissioner Jones and Commissioner Perry. It is ordered by the Court that said FY 2017 Budget Amendment be, and the same is hereby, approved by unanimous vote. BUDGET AMENDMENT REQUEST
McLennan County Commissioners Court McLennan County Courthouse Waco, Texas 76701
Re: Budget Amendment for: Fund 001 ( General Fund)
Gentlemen:
I hereby request the following budget amendment for the fiscal year ending 09/ 30/ 17:
REQUESTED INCREASE(s)
sub- Requested Fund Function Func Dept It Dept Name Object( Acct:e) Account Description Current Budget Increase Amended Budget
001 40 75 6730 HOT Frgrds 606000 Repair and Maintenance 4,222 8,610 12, 832
Total Increases 8.610
REQUESTED DECREASE s)
Sub- Requested Fund Function Func Dept p Dept Name Object( Acct#) Account Description Current Budget Decrease Amended Budget 001 10 05 0190 Co Wide 999999 Contingencies 943, 305 8,610 934, 695
Total Decreases 8.610
BUDGET AMENDMENT JUSTIFICATION:
This budget amendment is requested to increase the" repair and maintenance" line item in the HOT Fairgrounds department for fiscal year 2017. The amendment is related to fire protection system repairs to be completed by Action Fire Pros that were approved by Commissioners Court on December 13, 2016.
Approved by Respectfully Submitted Approved as to form Commissioners Court Requestor County Auditor County Judge
I7/ 204i
FILED: DEC 2 0 2C16'
LA ' AN9WHA8WELL.CatmM1yCtcni Y4 Govan ORDER APPROVING FY 2017 BUDGET AMENDMENT:
COMMISSIONERS COURT
On this the 20 day of December, 2016, came on for consideration the matter Regarding the FY 17 Budget: Commissioners Court. After discussion, Commissioner Jones made a motion to approve and it was seconded by Commissioner Snell. After further discussion, a vote being called for, voting in favor of said motion was Judge Felton, Commissioner Snell, Commissioner Gibson, Commissioner Jones and Commissioner Perry. It is ordered by the Court that said FY 2017
Budget Amendment be, and the same is hereby, approved by unanimous vote. BUDGET AMENDMENT REQUEST
McLennan County Commissioners Court McLennan County Courthouse Waco. Texas 76701
Re: Budget Amendment for: Fund 001 ( General Fund)
Gentlemen:
I hereby request the following budget amendment for the fiscal year ending 09/ 30/ 17:
REQUESTED INCREASE(s)
sub- Requested Fund Function Func Dept Dept Name Object( Accts) Account Description Current Budget Increase Amended Budget
001 10 05 0010 Comm Crt 601111 Other Services and Charges 250 356 606
Total Increases 356
REQUESTED DECREASE s)
Sub- Requested Fund Function Func Dept# Dept Name Object( Acct:#) Account Description Current Budget Decrease Amended Budget
001 10 05 0010 Comm Crt 501000 Supplies 5, 150 356 4, 794
Total Decreases 356
BUDGET AMENDMENT JUSTIFICATION:
This budget amendment is requested to increase line items within the Commissioners Court department for fiscal year 2017 for bonds for Commissioner Snell and Commissioner Jones.
Approved by Respectfully Submitted Approved as to form Commissioners Court Requestor County Auditor County Judge
FILED: DEC 2, 0 2013' A ' AnnttpWELL Courkly lama Cpngy,Texas fVTtet 7 Sowon nroilT. ORDER APPROVING FY 2017 BUDGET AMENDMENT:
LAW LIBRARY FUND ( FUND 170)
On this the 20 day of December, 2016, came on for consideration the matter Regarding the FY 17 Budget: Law Library Fund ( Fund 170). After discussion, Judge Felton made a motion to approve and it was seconded by Commissioner Jones. After further discussion, a vote being called for, voting in favor of said motion was Judge Felton, Commissioner Jones and Commissioner Perry with Commissioner Snell and Commissioner Gibson opposing. It is ordered by the Court that said
FY 2017 Budget Amendment be, and the same is hereby, approved by majority vote. BUDGET AMENDMENT REQUEST
McLennan County Commissioners Court McLennan County Courthouse Waco, Texas 76701
Re: Budget Amendment for: Fund 170( Law Library Fund)
Gentlemen:
I hereby request the following budget amendment for the fiscal year ending 09/ 30/ 17:
REQUESTED INCREASE(s)
sub- Requested Fund Function Func Dept it Dept Name Object( Acct:#) Account Description Current Budget Increase Amended Budget
170 10 10 0230 Law Libr 502000 Furniture and Equipment 1 3.955 3. 956
Total Increases 3,955
REQUESTED DECREASE( s)
sub- Requested Fund Function Func Dept# Dept Name Object( ACCtu) Account Description Current Budget Decrease Amended Budget 170 10 05 0190 Co Wide 999999 Contingencies 339,416 3,955 335, 461
Total Decreases 3, 955
BUDGET AMENDMENT JUSTIFICATION:
This budget amendment is requested for the purchase of artwork to be placed in the Law Library. The purchase was approved by the Commissioners Court on December 13, 2016.
Approved by Respectfully Submitted Approved as to form Commissioners Court Requestor County Auditor County Judge
err
11/ 71:740
FILED: DEC 2. 0 2C16.
1. A- ANOrnARWELL.CoucyCien. MclemanCarayTeras v%dvmph,- cer.,- norm ORDER APPROVING FY 2016 BUDGET AMENDMENT:
2016 CERTIFICATES OF OBLIGATION/ PERMANENT IMPROVEMENT FUND (FUND 416)
On this the 20 day of December, 2016, came on for consideration the matter Regarding FY 17
Budget: 2016 Certificates of Obligation / Permanent Improvement Fund ( Fund 416). After discussion, Commissioner Jones made a motion to approve and it was seconded by Commissioner Perry. A vote being called for, voting in favor of said motion was Judge Felton, Commissioner Snell, Commissioner Gibson, Commissioner Jones and Commissioner Perry. It is ordered by the Court that said FY 2017 Budget Amendment be, and the same are hereby, approved by unanimous vote. BUDGET AMENDMENT REQUEST
McLennan County Commissioners Court McLennan County Courthouse Waco, Texas 76701
Re: Budget Amendment for: Fund 416( 2016 Certificates of Obligation)
Gentlemen:
I hereby request the following budget amendment for the fiscal year ending 09/30/ 17:
REQUESTED INCREASE( s) t Sub- Requested Fund Function Func Dept it Dept Name Obled( Acta) Account Description Current Budget Increase Amended Budget 416 90 98 8010 Perm Impr 701253 Roof Repairs 272, 901 9,909 282,810
Total Increases 9,909
REQUESTED DECREASE(s)
Sub- Requested Fund Function Func Dept a Dept Name Object( Accts) Account Description Current Budget Decrease Amended Budget
416 90 98 8010 Perm Impr 999999 Contingencies 9,205. 536 9,909 9, 195, 627
Total Decreases 9, 909
BUDGET AMENDMENT JUSTIFICATION:
This budget amendment is requested for professional services completed by The Wallace Group for services related to roofs at various county buildings. The invoices were approved by Commissioners Court on December 13, 2016.
Approved by Respectfully Submitted Approved as to form Commissioners Court Requestor County Auditor County Judge q`
iz7z% o
FILED: DEC 2 0 2016
LA WIVI..RRIVELL. County Gan McLe tanCamry,Tees v tdvrcntmanunn non,+. The Court went to item L. 1. Constable, Precinct l: Discussion and/ or Action re: Vehicle Purchase Request and related Financing. AGENDA: DECEMBER 20, 2016
L. Departmental/Office-Specific Requests, Presentations or Items for Discussion and Possible Action (To the Extent Not Addressed Above):
I. Constable, Precinct 1: Discussion and/ or Action regarding Vehicle Approved Purchase Request and related Financing See after Item F. 2. f.) CD- 416, 9: 41 ORDER APPROVING:
ACTION RE: VEHICLE PURCHASE REQUEST AND RELATED FINANCING:
CONSTABLE, PRECINCT 1
On this the 20 day of December, 2016, came on for consideration the matter of Constable, Precinct 1: Discussion and/ or Action regarding Vehicle Purchase Request and related Financing. After discussion, Commissioner Perry made a motion to approve and it was seconded by Commissioner Jones. A vote being called for, voting in favor of said motion was Judge Felton, Commissioner Gibson, Commissioner Jones and Commissioner Perry with Commissioner Snell opposing. It is ordered by the Court that said Authorization be, and the same is hereby, approved by majority vote. The Court went back to item F. 2. g. Re: the FY 17 Budget: Debt Service Payments / Capital Outlay. ORDER DEFERRING FY 2016 BUDGET AMENDMENT:
DEBT SERVICE PAYMENTS/ CAPITAL OUTLAY
On this the 20 day of December, 2016, came on for consideration the matter Regarding FY 17 Budget: Debt Service Payments / Capital Outlay. After discussion, Commissioner Perry made a motion to defer and it was seconded by Commissioner Jones. A vote being called for, voting in favor of said motion was Judge Felton, Commissioner Snell, Commissioner Gibson, Commissioner Jones and Commissioner Perry. It is ordered by the Court that said FY 17 Budget
Amendment be, and the same are hereby, deferred by unanimous vote. ORDER APPROVING FY 2017 BUDGET AMENDMENT:
JUSTICE OF THE PEACE, PRECINCT 3 ( FUND 130)
On this the 20 day of December, 2016, came on for consideration the matter Regarding the FY 17 Budget: Justice of the Peace, Precinct 3 ( Fund 130). After discussion, Commissioner Jones made a motion to approve and it was seconded by Commissioner Perry. A vote being called for, voting in favor of said motion was Judge Felton, Commissioner Snell, Commissioner Gibson, Commissioner Jones and Commissioner Perry. It is ordered by the Court that said FY 2017
Budget Amendment be, and the same is hereby, approved by unanimous vote. BUDGET AMENDMENT REQUEST
Mclennan County Commissioners Court McLennan County Courthouse Waco, Texas 76701
Re: Budget Amendment for: Fund 130( Justice Court Building Security Fund)
Gentlemen:
I hereby request the following budget amendment for the fiscal year ending 09/30/ 17:
REQUESTED INCREASE(s) Requested sun Fund Function Fun Dept It Dept Name Object( Audit) Account Description Current Budget Increase Amended Budget 1, 460 130 15 27 1631 JP 3 502000 ' Furniture and Equipment 270 1210
Total Increases 1210
REQUESTED DECREASE(s) Requested Sub. Decrease Amended Budget Fund Function Fong Dept u Dept Name object( Aces) Account Description Current Budget 70, 564 130 10 05 0190 Co Wide . 999999 Contingencies 71, 774 1, 210
Total Decreases 1. 210
BUDGET AMENDMENT JUSTIFICATION:
This budget amendment is requested for the purchase and installation of keypad entry locksets for the Justice of the Peace Precinct 3 building.
Approved by Commissioners Court Respectfully Submitted Approved as to form Requestor County Auditor County Judge
FLED: DEC 2 0 2016.
1' ANOrHA9wEL1.. CaorAyGan McLsmanCaoxy,Taras 3v MyrceterGowan! p. m ORDER APPROVING:
AUTHORIZATION OF PROFESSIONAL SERVICES INVOICE: THE WALLACE GROUP (RE: MCLENNAN COUNTY FACILITY ROOFING SURVEYS- NOVEMBER SERVICES)
RE: FY 2017 BUDGET
On this the 20 day of December, 2016, came on for consideration the matter Regarding the FY 17 Budget: Authorization of Professional Services Invoice: The Wallace Group ( re: McLennan County Facility Roofing Surveys - November Services). After discussion, Commissioner Jones made a motion to approve and it was seconded by Commissioner Perry. A vote being called for, voting in favor of said motion was Judge Felton, Commissioner Snell, Commissioner Gibson, Commissioner Jones and Commissioner Perry. It is ordered by the Court that said Authorization be, and the same is hereby, approved by unanimous vote. 711% THE WALLACE GROUP
engineers architects surveyors
A CP& Y COMPANY
P. O. Box 22007 Waco, TX 76702- 2007 254)772- 9272 Tax ID Number: 75- 1720414
Ken Bass December 7, 2016 McLennan County Invoice No: MCLC 1600686. 00- 3 501 WASHINGTON AVE. WACO, TX 76701
Project - MCLC1600686.00 McLennan County Roof Surveys
121 , - ri > i. n a ' ui: ,_1 I I \ i , u_ ._ 1 _ I
Phase 01 General
Percent Previous Fee Current Fee Billing Phase Fee Complete Billing Billing
01 - General 3,435. 00 100.00 3.435. 00 0.00 21 - Study/ Report 22, 915.00 73.5326 9. 170.00 7. 680.00 Total Fee 26. 350. 00 12, 605.00 7. 680. 00
Total Fee 7, 680.00
Total this Phase 7, 680.00
Total this Invoice 7, 680. 00
Outstanding Invoices Number Date Balance 2 11/ 7/ 2016 8. 470.00 Total 8,470.00
Respectfully submitted.
orge lezek
APPROVED BY COMMI•= TONERS COURT
THI AY OF SC' 20 ft' aY • COUN ' JU%
FILED' rEC d 0
A' MOY' HA ici.c rnQatk MclennanCauay Taas RI/ tMnxter GowanncR m' AGENDA: DECEMBER 20, 2016
G. Bids, RFP' s, RFQ' s Quotations for Goods and Services:
1. Recommendation regarding Bid 16- 019: Blue Bluff Road Deferred Bridge Damage Repair
CD-416, 9: 47 ORDER DEFERRING:
RECOMMENDATION RE: BID 16- 019: BLUE BLUFF ROAD BRIDGE DAMAGE REPAIR
On this the 20 day of December, 2016, came on for consideration the matter of Recommendation regarding Bid 16- 019: Blue Bluff Road Bridge Damage Repair. Purchasing Director Ken Bass explained the recommendation. After discussion, Commissioner Gibson made a motion to defer and it was seconded by Commissioner Snell. A vote being called for, voting in favor of said motion was County Judge Felton, Commissioner Snell, Commissioner Gibson, Commissioner Jones and Commissioner Perry. It is ordered by the Court that said Bid 16- 019: Blue Bluff Road Bridge Damage Repair be, and the same is hereby, deferred per recommendation by unanimous vote. AGENDA: DECEMBER 20, 2016
H. Contracts, Interlocal Agreements, and Memorandums of Understanding: Purchase, Lease, or Acquisition of Goods, Equipment or Services, Including any Financing Thereof:
1. Authorization of Interlocal Cooperation Agreement for Housing and Pulled - No Care of Inmates: Freestone County Action Taken
2. Regarding the McLennan County Group Health Plan: Authorization/ Approved Approval of Summary Plan Description ( SPD) Administered by Scott White
3. Authorization of Amendment# 1 to the Jail Diversion Services Approved
Agreement: Heart of Texas Region Mental Health Mental See after
Retardation Center( re: Pre-Trial Diversion Program) Item H. 5.)
4. Authorization of Indigent Care Affiliation Agreement: Seton Approved Family of Hospitals on behalf of Affiliated Hospitals See after Item E.)
5. Authorization of Indigent Care Affiliation Agreement: Baylor Scott Approved White Health on Behalf of the Baylor Scott& White Health Hospitals
6. Authorization of Professional Engineering Services Agreement: Approved Winton Engineering( re: Themis Statue Restoration —WE Project No. 2016-084)
7. Authorization of Maintenance and Service Agreement: Office Approved Systems 2000, Inc.( re: District Clerk' s Office Copier)
8. Authorization of Lease Agreement: Pitney Bowes( re: Inserting Approved System for the Tax Office)
9. Authorization of Interlocal Cooperative Agreement: Approved Lorena ISD( Road Work)
CD-416, 9: 52 PULLED AND NO ACTION TAKEN:
AUTHORIZATION OF INTERLOCAL COOPERATION AGREEMENTS FOR HOUSING AND CARE OF INMATES
On this the 20 day of December, 2016, came on for consideration the matter of Authorization of Interlocal Cooperation Agreements for Housing and Care of Inmates: Freestone County. Judge
Felton directed the Clerk to show item as pulled and no action taken. No Action Taken. ORDER APPROVING:
AUTHORIZATION OF SUMMARY PLAN DESCRIPTION (SPD) ADMINISTERED BY SCOTT& WHITE
RE: THE MCLENANN COUNTY GROUP HEALTH PLAN
On this the 20 day of December, 2016, came on for consideration the matter Regarding the McLennan County Group Health Plan: Authorization of Summary Plan Description ( SPD) Administered by Scott& White. After discussion, Commissioner Jones made a motion to approve the Summary Plan Description for McLennan County Employee Health Plan and to authorize the County Administration to make any minor corrections or adjustments to the Summary Plan Description as may be necessary; and authorize the County Administrator in coordination with HR, IT and the County' s advisors to publish the Summary Plan Description to employees prior to the end of this calendar year and it was seconded by Commissioner Perry. A vote being called for, voting in favor of said motion was Judge Felton, Commissioner Snell, Commissioner Gibson, Commissioner Jones and Commissioner Perry. It is ordered by the Court that said Authorization be, and the same is hereby, approved by unanimous vote. The Court went to item H. 6. Authorization of Professional Engineering Services Agreement: Winton Engineering( re: Themis Statue Restoration - WE Project No. 2016-084). ORDER APPROVING:
AUTHORIZATION OF PROFESSIONAL ENGINEERING SERVICES AGREEMENT: WINTON ENGINEERING (RE: THEMIS STATUE RESTORATION— WE PROJECT NO. 2016- 084)
On this the 20 day of December, 2016, came on for consideration the matter of Authorization of Professional Engineering Services Agreement: Winton Engineering ( re: Themis Statue Restoration- WE Project No. 2016- 084). After discussion, Commissioner Jones made a motion to approve and it was seconded by Commissioner Perry. A vote being called for, voting in favor of said motion was Judge Felton, Commissioner Snell, Commissioner Gibson, Commissioner Jones and Commissioner Perry. It is ordered by the Court that said Authorization be, and the same is hereby, approved by unanimous vote. r` WINTON E N G I N E E R I N G
i Turning Ideas into Reality' s UBPE Firm F- 242
November 29, 2016
McLennan County Engineer' s Office County Records Building, Suite 130 Waco, Texas 76703-0648 Attn: Stephen T. Hendrick, P. E., County Engineer
Re: McLennan County Courthouse- Themis Statue Restoration WE Project No. 2016-084
Dear Mr. Hendrick:
We are pleased to provide this proposal for professional services on the above referenced project. If accepted, this letter shall constitute the Agreement between McLennan County Client) and Winton Engineering, Inc. ( Engineer). Winton Engineering, Inc. shall provide professional engineering services to Client in all phases of the Project to which this Agreement applies in accordance with the attached "Terms and General Conditions of Agreement" and as set forth below.
The Project consists of the restoration and replacement of the Themis statue on top of the McLennan County Courthouse building in downtown Waco, Texas.
BASIC SERVICES
Engineer' s services for this portion of the Project shall include the following:
1. Review the previous Themis statue attachment detail documents provided to Johnson Roofing, dated 2/ 17/ 2011. 2. Discuss any field modifications made by Johnson Roofing with Mike Anderson, Johnson Roofing Project Superintendent for the 2011 Themis statue removal and reinstallation. 3. Visually field verify actual installation conditions, as allowed without removal and replacement of existing finishes. ( One ( 1) site visit.) 4. Update attachment plans for record copy of installation details. 5. Review structural capacity of the existing dome and lantern dome structure for replacement of Themis statue with a new cast aluminum unit of the same general size and profile. 6. Provide letter of summary and one ( 1) on-site meeting with Client/ Owner to discuss results.
Structural analysis will be based upon: 1. Appropriate structural codes for structural system employed. 2. Local code requirements.
8801- C Woodway Drive • P. O. Box 20084 • Waco, Texas 76702 • ( 254) 776-7024 • Fax: 776-7047 • www.winton-eng.com ADDITIONAL SERVICES may also include but are not limited to the following: 1. Fieldwork and/ or drafting required to prepare drawings of existing buildings or systems, other than as required under Basic Services above. 2. Conferences and consultation with Client/ Owner, other than as described above. 3. Additional documents and revisions to documents after original issue, other than to correct ambiguities or deficiencies in the issued documents. 4. Construction cost estimates. 5. Preparation for and testimony in actions resulting from this project.
CLIENT PROVIDED ITEMS shall include the following: 1. Information on the Themis statue, including weight, loads, attachment points, etc. 2. Safe access to the base of lantern dome and statue.
FEES
Basic Services: We propose to furnish the Basic Services for a stipulated sum of
Three thousand two hundred dollars and no/ 100 3,200.00)
Additional Services are billable at the hourly rates listed below, and are in addition to the stipulated sum for Basic Services:
ENGINEERING Principal Engineer 130.00 Engineer 100.00 Engineer-in- Training. 75.00 OFFICE/ CADD TECHNICIANS Designer/ CAD Technician 75.00 Senior CAD Technician 60.00 CAD Technician 50.00 Field Services- Level 2 70.00 Field Services- Level 1 50.00 Admin/ Contracts 50.00 Office/ Clerical 35. 00
1. Rates are subject to annual adjustment per WINTON ENGINEERING, INC. standard salary review practices. 2. Overtime rates, when approved in advance by CLIENT, shall be one and one-half( 1. 5) times the above rates.
Invoices will be submitted monthly based upon Engineer' s estimated percentage of completion with payment due upon receipt, but not later than 30 calendar days from date of invoice.
EXCLUDED SERVICES
The following services are specifically excluded, and if required by Client or governing authorities, will be considered Additional Services: 1. Design analysis, plans, details, and specifications for structural modifications required to support the additional statue weight, if analysis in Basic Services determines they are required.
Architexas Page 2 of 3 WE Project No. 2016-084 2. Evaluations of the existing structure, other than as noted above under basic services for the support of the new Themis statue. 3. Design of safety netting, lifting structures, or other similar " means and methods" items or procedures, which shall be the responsibility of the restoration contractor. 4. Design or analysis of alternate reattachment methods or procedures proposed by the contractor. 5. Any other services not specifically included in Basic Services.
This proposal shall remain in effect for a period of thirty ( 30) days, after which time Winton Engineering, Inc. reserves the right to modify fees and time schedules.
We shall consider the return of a copy of this letter with your signature as acknowledging your acceptance of this Agreement, as a firm contract between us, and as our authorization to proceed with the work of this project.
Sincerely,
WINTON ENGINEERING, INC. TBPE Frm No. F- 282
Jim Winton, PE President cc: File 02
Enclosure: Terms and Conditions
onJ ACCEPTED BY: G io6 7 Authorizing Signature iY1c USA/WAIN) Company 3Corr lb• Fgutel, COUNrYJUthei Typed or Printed Name and Title
it/ WAS Date
Y:\ Jcbflles\ 2] I6084_MCLennonCoCourthouse- Them6\ 01 Contracts\ 2816484_Letter-ot-Agreement-Counh_2016- I2-07.docx
Architexas Page 3 of 3 WE Project No. 2016-084 Y
TERMS AND GENERAL CONDITIONS OF AGREEMENT Page 1 of 2
Nate This agreement is for the prop roman of pdessiaal sauces Stallard lams and programs incident to the work of the CONTRACTOR(s), or fa the fakre of the CONTRACTOR(s) catosofpachaseaders and Wniarinstunadsaeollenhappopiate and w aeetly W comply with laws, rules, regulations, aMhaicet codes or orders applicable to the to septa/tie laws and reguations lbr the prominentdpdessbna sent For this and CONTRACTOR(s) furnishing and perfuming the work. CLIENT agrees that CONTRACTOR shall oba reasons, nothing b anyprrMase orb,admwMedgament cn&mabn, agreement a be soled responsible for jobslte safety, and precautions in connection with the work and shall any other similar instrument issued S the date or this agreement and these terms and provide at measures necessary to protect the work, other propay, the workmen and other persons coalitions shall alter any two or comedian contained herein, mess such Salton is during demolition and construe , and warrants that this intent that be canoed out in spedgmayandtndNMUSty acknowledged ard agreedbin wiling try Paton ErpNeedrg. In CLIENT:OWNERS contest with CONTRACTOR The WENT also agrees that the CLIENT. the mesatans and widffbns and those& aflsbiznwit sub eque.itiy Issued by ENGINEER, ad ENGINEERS subconsultant that be idemniied by CONTRACTOR and shall be purchaser congld them tams and canddgws shall canted, regadkss of any language In named as' Addifiwal Insureds' under CONTRACTORS potties ofge eral Sadly insurance. subsequent document Issued by purchaser. Wass each such alteration is meal* and fndMduatlyadmsedged and agreed bin* siting by Winton Engineering a Acts of CONTRACTOR ENGINEER that not be responsible for any acts or omissions of the CONTRACTOR subcontractor, or any entity perbnabg any palters of the Wont or any agents or 1. Definition: As used herein, the following words shall have the meaning Indicated, unless employees of any such. ENGINEER does not guarantee the performance of the CONTRACTOR otherwise specified in this AGREEMENT, and shag not be responsible for the CONTRACTORs failure to perform its work in accordance with AGREEMENT: The written contract between WENT and ENGINEER covering the the Contract Documents or any applicable laws, Gies, rules, or regulations. engineering services to be performed, which that include the letter of proposal and these tams and general conditions. 9. Stop Wat: Auttuty: It wnsbuclbn phase services are induced in the scope d wort WENT: The pudic body or authority.= poratos association, fur or person with ENGINEER shall not have authority to stop work but that have authority to reject any work that is whom ENGINEER has cat/acted to provide the engineering services described in the not, in the ENGINEERS sole judgment, in conformance with the canwuctlon documents or work letter of proposal. plans. Neither this a thory nor the ENGINEERS gad-faith judgment to reject or not reject any CONTRACTOR The person, Mn or corporator with whom OWNER has( or work shat subject ENGINEER to any laird or cause at action to the CONTRACTOR intends to) entered into an agreement to compete the work required as a result of the subcontwebo, or any suppliers or persons performing work on this project engineering services 10. Communication with OWNER: WENT is moaned as OWNERs representative to ENGINEER The person, firm or ENGINEER and assumes fat respwsituy for communication of OWNERs requirements to OWNER The pubic hotly or authority.a adoration,ion named asassociation, such b the firm letter or ofperson proposal. with ENGINEER and of ENGINEERS concerns and recommendations to OWNER Information from the ownership the adgtes for whichh thethe engineeringgineer g sevbes described in the letter d WENT concerning the ate, existing spans,structures, and operating capacities, capabilities and proposal area to be provided. The OWNER ad WENT may battle sane entry. problems wig be assumed to he coned. ENGINEER shall not be held liable for damage or defects
2. WENT Provided items: WENT agrees to furnish ENGINEER resulting from rnisbtwnatlon. ENGINEER is borer indemnified from was and latent defects in existing structures and systems of which ENGINEER was not matte aware during the design phase a. Preliminary plans, design Gaeta desired mantas and orileru, prototype drawings, of the project. and prototype spedfcatioce as may be available and reputed to establish scope of work 11. Sanded of Car. ENGINEER win strive to perform services under this Agreement in a b. Field surveys, eating and proposed topographic infamatlon, and sass baaligatlon onto so requested. manner censstent with ad gmtted to that level of care and sal ordinary exercised by members of c. Description of use of improvements far purpose of determekg design We the prbn tai,on, expresswnenty or practicing tared, andin theno warrantysane locality or guarantee under similaris deluded condwas. or Intended No inother the each service loads applied Ted b structure; and any specific design crane aconstnetion aap AGREEMENT, requirements of OWNS OWNER AGREEMENT, a in any report, opinion, document or otherwise. A.coordingd, CLIENT snub prepare pan for dar eatlws anti modifications which may impact both the cost and schedule d. Cammunizatonwbh OWNER ad authorities having jurisdiction as reared bestabliish of the t. gekspecfc requirements for the project. e. One complete set dfinal prints and specifications( Le Cahsbrctlon Documents) 12 Third Party Reliance: Tie services provided under this AGREEMENT are being performed
All information necessary fa the enduction of the Contract Downes shall be provided solely forte benefit of CUENT. No carer party shat be entitled to ulize or rely upon the results of services provided without egress when pemm'issw of ENGINEER nor have any Jahn agars on a bass. timely ENGINEER brause of this AGREEMENT or to performance or nwnyafamance of services learnt. Further, nothing in this Agreement shall create a contractual reatwship with or a cause 3. Payment Invoices shag be due upon presentation and canskised past due t nd paid add 30 calendar days of due date. Past due invokes shat beer interest at one and ashen of action in law oSid party against either WENT or ENGINEER. percent( 112%)per math, or the madman rate allowed by law, whichever Is esa ofthe past 13. WgmdFahy: CUENT that provide for ENGINEERS right to enter the property owned by ace amount per calculated from the invoice past due date. Payment shat be first WENT aid otters In ads kr ENGINEER to fulfil the scope of services to be provided. applied to accrued Interdares all them b the unpaid= dr. ENGINEER exercise reasonable care In performing services, however CLIENT understands that 4. Abandonment: In the event the prefect is abandoned before completion of our services services may unavoidably result In sane damage, the correction of which is not a pat of this or not carried b completion, ENGINEERS services for that rano the work which has been AGREEMENT unless specifically stated. completed wit be paid forathe hound rates bled in the AGREEMENT. 14. Constriction Observation: Site visits and observations shall not be interpreted as exhaustive checks or detaled lnspecliws of the CONTRACTORs work. Rater, they are to allow the 5. Delays: CUENT agrees that ENGINEER is not responsible for damages arising directly or ENGINEER as an experienced professional, to become generally familiar with the work in progress indirectly born delays for a beyond ENGINEERS control. For purposes of the any and to determine, in general. tithe Work Is proceeding in accordance with the Contract Decunnens. AGREEMENT, such causes include, but are not Smiled t0. strikes or other labor disputes: If CUENT dakasto ha+e more extensive project abservatw. CUENT shall request ENGINEER to severe weather asruptons or otter natural disasters; fires, riot, war oothednagersesor provide such services as Additional Services in accordance verb the terms of the Agreement ads o God: failure of arty government agency to act in a* nay manner,tan of performance by WENT or CLIENTS contractors or co sulans; or discovery of any hazardous substances 15. Clarification' s ENGINEER will provide, with reasonable promptness, written responses to or differing site conditions. In= don, d the delays re ulting from any such causes increase requests from CONTRACTOR( s) for dar5catiorr and interpreaton of the requirements of the the cost or tine requital ENGINEER to perform Its services ban and ardent by orderly Contract Documents. Such services shah be provided as pat of the Basic Services for an phases manner, ENGINEER shat be entitled to an equitable adh sbne t in schedule was compensation of work included in the scope o services for this project it in the ENGINEERS professional opinion, such requests are realtyy apparent from reasonable observation dfeld Gonfalons or a review of the Contract Documents, or are reasonably inferable terefrom, ENGINEER shall be entitled to 6r Ownership d Documents: CUENT acknowledges tie obstruction documents. compensation horn WENT for Additianal Services for time spent responding to such requests. including electronic files, as instruments of ENGINEERS pdessional services If specifically requested by WENT, the final construction documents prepared order this AGREEMENT 16. Emironmenta Conditions: ENGINEERS services do not include environmental engineering shall became the property of the CLIENT upon oanple ion of services and payment in hall of or envimnm enla site assessment set WENT she assume responsibility kr obtaining, or at monies due ENGINEER CUENT shall not reuse or mace any m cddcatons to the constructer, documents without the pdorwmen authorization of ENGINEER advising OWNER bodan, engineering savbeebverify the absence preserhce derMOman concerns. Further, the work provided by this agreement may be suspended immediately upon the d asbests. PC or substances at xhchm 9 ht the health of ENGINEERENGINE and is empbyeeeye or subcaisultants walkingpco on itsit Portion of the work, until such substances have been removed wothewse contained.
17. Hydrologic Design: ENGINEERS services do not include hydrological surveys. studies, etc. J nor design adrnaings for retention systems.
Upon execution of this AGREEMENT. the ENGINEER grants to the WENT a nornasbsMe iB. Construction Mesa Services: ENGINEER recommends CUENT obtain ENGINEERS Rase b ere the ENGINEERS instruments of service solely and exclusively for Purposes seams fa P observation and construction phase services in order to allow for professional constructive, maintaining, atelcg and to to PROJECT, provided that thea using, interpretation of construction documents during the Construction Phase. If for any reason CLIENT performs obligations, n s, IncludingIrndrdbg payment of a0 coma promo ENGINEERS services are not so retained, CUENT agrees to assume all respasibiliy for obtaining when dAn0.due, urdathls AGREEaffNT.AGREEMENT.N the proper professional services necessary for interpretation of the Contract Documents and 7. Jobale Safety: In providingg sedices under this agreement ENGINEER shall not have construction observation, ad shall waive any dams against ENGINEER connected thereto in any authority over arespasidhity for the means, methods, procedures d construction s selected by tee CONTRACTORM),s), ora foruUrn tiesequences, sued precamdeeautws or pand TERMS AND GENERAL CONDITIONS OF AGREEMENT-( cont} Page 2 of 2
I WENT is in breach of the payment turns a Otlhmise is inmataial breath of this AGREEMENT, ENGINEER may suspend performance of services upon five( 5) calendar days notice to CLIENT. The ENGINEER shall have no Wily to the CLENT, and the CLIENT agrees to make no claim for merry delay adamage asa result dsorb suspension mused by any breach of this AGREEMENT by franitheseianeppeneservellfulmiesenduslefemBNGINSER. J lf CLIENT. Upon recent of payment to NO of all outstanding sums due from the CLIENT, a curing of such other breach which caused the ENGINEER to suspend services, ENGINEER shall resume 19. Opinion of Probable Cost: M opinions of probable construction cost are provided by services and there shall be an equitable adlusbnent to the remaining project schedule and fees as a ENGINEER as a service under the AGREEMENT, WENT understands that ENGINEER has result of We suspension. or or over renditions no control over cost or availability of labor equipment materials, maker M the PROJECT is suspended for any reason outside the exdusee central of ENGINEER or CONTRACTOR§ of and that ENGINEERS Opinions d probable the prong, ENGINEER shall have no liability m the WENT or arty other paty for any associated delay or on of ENGINEERS professional jndgmont and amsbhxmon cost are mademade the basis damage caused the CLIENT or others because of such suspension of services, and CLIENT shall covalence. makes no express or implied, thatat bisbids a negotaee costs ENGINEER warranty, release, indemnify, and hold harmless ENGINEER for any claims associated with such suspension. of thworkthe w will not vary from ENGINEERS Opinion of probable ca ttrucdon cost. 2G Termination: In the event of termination of this AGREEMENT by either party, WENT that 20. Pre-engineered Buildings: If preengimhernd buildings are swotted n the projat wtien fifteen( 15) calendar days of WENT acknowledges that ENGINEER will not engineer or design sue, buildings. aim reimbursable ENGINEER pay ENGINEER for all services rendered and all therefore waives all calms against ENGINEER arising In ay way Iran any defects, payment pprevisions tests incurreddfth the e AAGREEMENT. by ENGINEER up to the date of termination, b axordaroe with the deficiencies, arms, or Omissions In the design or fabrication of the bathos. CLIENT may terminate this AGREEMENT for CLIENT' S convenience and without cause upon giving SWpedseneces, Record Documents will be 21. Record Documents: lfialndndnthe ENGINEER not less than sewn( 7) calendar days' vrttten notice. based on the marked- up drawings, addenda, change orders, and other data furnished by others. Because these Record Documents are based on unverified information provided by Either parry may terminate this AGREEMENT br cause upon gMng the other party not less than others, which ENGINEER shall assume reliable, ENGINEER cannot and does not warred to be seven( 7) calendar days written no6oe for any of following reasons. their accuracy. Substantial failure by the other parry to perform in accordance with the terms of this AGREEMENT aid through no fault of the terminating perry; 22 Permits and Approvals: if requested, ENGINEER may assist WENT n applying for Assignment of this AGREEMENT or transfer of the project by either party to any other entity those permits and approvals required eve for projects similar to the one for wale, normally by without the prior Written consent of the other parry; ENGINEERS services are being engaged. This assistance shall consist of competing and Suspension oteproject d ENGINEERS services by CLIENT for more than ninety( 90) calendar subndarg tame to the appropriate regulatory agencies havig ) urisdidion over the dais, coaseartve or in the aggregate; coatmcdon documents, and other services normally provided by ENGINEER and included in Material changes in the conditions under which this AGREEMENT was entered into, the scope the scope of basic services ofEt AGREEMENT. This assistance does not ndude, however, of services or the nature of the project and the failure of the pates to mach agreement on the special studies, special research, attendance at more than hwmeefingswith pubticautori6es, compensation and schedule adjustments necessitated by such changes. special testing, or special documentation not normally required fie this type of project Such services shall be provided as ai additional seMce,when authorized by CLIENT, in accordance with the compensation provisions of this AGREEMENT. In the ewnld any erm4htia thais rol the fauttdthe ENGINEER CLIENT shall pay ENGINEER in addition to the payment tic services rendered and reimbursable costs tuned, for at exposes
23. CerNMcadons: As used herein and in any report, opinion,doorman issued in connection reasonably incurred by ENGINEER in connection with the orderly temiratpn of this AGREEMENT, with services provided under this AGREEMENT, the word certify that mean an expression of Including but not limited to demobilization, reassignment of personnel, associated overhead costs ENGINEER'S professional opinion to the best of its intimation, knowledge and belle( and and all other expenses directly resutng from the termination. does not constlbe a warranty or guarantee by ENGINEER ENGINEER Shall not be required 27. Insurance. ENGINEER apreasbpovde evidence of insurance coverage during the Band to sign any matter by wont requested, rficara otter this AGREEMENT upon request Coverages for Ge era Liability, Hired and NomOrned Automobile Nan dawned,defined, norr ENGINEER veto o , guaranteea or warrant tie exlsencen ofo conditions whoseo e exsencee s ENGINEERpnMccannotascer ascertalrh. UMW, Wks Compensation, end Rolasbnal Liabtiry shall be as normally maintained by ENGINEER( Certificate of current coverages b be provided on request) MOMadcoverages may be provided as available for additional fees. 24. ADA: WENT adaowledges that the ADA is a del rights legslation, not a building code ENGINEER agrees to attempt tomaintain these coverages 1e the period Otosign and conshudon As such, compete with the ADA is determined on a case-by-case beds and is subject to of Project aid ho a period of one( 1) years blowing substantial completion, if such coverage is various and rose* canbadicbry ntapretatei ENGINEER wit use reasonable professional( Marts b Interpret requirements and other federal, stab ad as laws. rules, reasonaby available at commercially affordable pmmbms. For the pub of this Agreement codas, ordnanes and regulations as they apply to the project. ENGINEER cannot and does reasonably available' and' commercially affordable' shat mean that moo than half the consultants not warrant or guarantee that the project et comply with interpretations of the ADA as they practicing the same professional discipline In the state where the project Is located are able to obtain such coverage apply to the projea
25. Suspension of Semces: M the projector ENGINEERS sauces are suspended by WENT for more than wry( 30) aendardare, consecutive or in file aggregate, ore the emu of this AGREEMENT. ENGINEER shah be compensated for at se tces performed and reimbursable expenses nursed prier to the receipt of notice of suspension. In addition, upon resumption of sernat, CLIENT shag compensate ENGINEER for ail eperses bunked as a result of the suspension and resumption of services, and the ENGINEERS schedule and fees forge remainder of the project shat be equitably adpsed.
If the ENGINEER'S services are suspended far more than ninety( 90) clays, consecutive ain the aggregate, ENGINEER may endrae this AGREEMENT upon 9Mrg WENT not less tows this than eve( 5) calendar days' written notice. Suspended projects may change in many l/J% to the passage of One. changes in the sneor environment regdanrymo6MCatios. and other issues our ENGINEERS cad. ENGIAEER is nor and shall at be responsmie hxany 29. Governing Law: The laws of the State of Texas will govern the validity of this Agreement. its such changes, except to the extent It has expressly assumed such nesponsihtly ordhawise interpretation and pert omance. My litigation arising in any way from this Agreement shall be brought in the courts of Waco, McLennan County, Texas. beaxasawaed such issues. ENGINEER may on information received from CLIENT or others regarding ash sues 30. Severability: Should any provisions of this Agreement later be held unenforceable for any reason, at remaining provisions shall continue in fug force and effect.
11/ 29/ 16 1 270AP Instal Date n a Date
cL r is, o I BLED:\ OEG4_2r0. 20iS i.: i._FV_ 0I
1. A.' AN U9' HARWELL. COady Clerk McLan3nCOureY, Texas By Private Gowan DEPm rn• uarane ORDER APPROVING:
AUTHORIZATION OF MAINTENANCE AND SERVICE AGREEMENT:
OFFICE SYSTEMS 2000, INC. (RE: DISTRICT CLERK' S OFFICE COPIER)
On this the 20 day of December, 2016, came on for consideration the matter of Authorization of Maintenance and Service Agreement: Office Systems 2000, Inc. ( re: District Clerk's Office Copier). After discussion, Commissioner Perry made a motion to approve and it was seconded by Commissioner Jones. A vote being called for, voting in favor of said motion was Judge Felton, Commissioner Snell, Commissioner Gibson, Commissioner Jones and Commissioner Perry. It is ordered by the Court that said Authorization be, and the same is hereby, approved by unanimous vote. McLennan County Purchasing Department 214 North 5th Street Waco, Texas 76701- 1302 Ken Bass Director ofPurchasing cifrunrr.
r
December 20, 2016
Re: Request to Renew Maintenance Agreement for Copier—District Clerk
Commissioners Court:
Attached please find an Office Systems 2000 maintenance agreement renewal for a Kyocera Mita/ KM5050 copier in the District Clerk' s office.
We respectfully submit this contract for the Courts consideration.
Thank You, Ken Bass
APPROVED BY COMMISSIONERS COURT
THIS OF t
C• J • a -% is
Phone 254- 666-2592 Toll Free 866-666-2592 2000 Inc. Fax 254-666-6044 Maintenance— Service Agreement logo Industrial Email: [email protected] Hewitt TX 76643
Equipment Coverage
Copier Drum Included ZToner Included Mailing Printer Drum Included Toner Included Other Facsimile Drum Included Toner Included
Customer Name: McLennan County District Clerk
Address: 214 North 4th Street, Ste 100 City: Waco State: TX zip:76701
Phone: 254- 757- 5195 Fax: Email:
Equipment to be covered under this Agreement( Attach additio d list ifapplicable) I Code Model Serial Term trout Term to Beginning Type Allowance Rate Over Bin Cycle Amount Meter
KM Kyocera PPK7907496 1118/ 16 11/ 7/ 17 781903 Total 100000 $. O1 ® Annual 1000.00 KM5050 Vendor Type Frequency E Vendor Type Frequency $ Vendor Type S Frequency S Vendor t Type S Frequency S Vendor Type Frequency $ Vendor Type Frequency $ Vendor Type Frequency S
Vendor Type Frequency i $ Vendor Type S Frequency S Vendor Type Frequency S Vendor Type Frequency S
Total S 1000.00
Special Notes:
This agreement will automatically renew. Cancellation by either party must be in writing. All Equipment must have an approved surge protection installed at the time Equipment is delivered. Alter the agreed upon operator training period, additional training may be billed at a per hour basis and is not considered a machine related issue.
Initials I 2000 fens Maintenance— Service Agreement I. MAINTENANCE SERVICE: Office systems2000, inc. Agrees to provide to the customer, during Office Systems2000, Inc.' s normal business hours which are Monday through Friday, 8. 00am to 5: 00pm, except holidays, the maintenance service necessary to keep the equipment in, or restore the equipment to, good working order in accordance with Office Systems 2000, Inc.' s policies then in effect The maintenance service includes maintenance based upon the specific needs of individual equipment as determined by Office Systems 2000, inc., and unscheduled, an call remedial maintenance. For each unscheduled service call requested by the customer, Office Systems 2000, Inc. Shall have a reasonable time for which to respond.
Maintenance will include lubrication, adjustments, and replacement of maintenance parts deemed necessary by Office Systems 2000, Inc Along with labor cost of such maintenance. Maintenance pars will be famished on an exchange basis, and the replaced puts become the property of Office Systems 2000, Inc. Maintenance service provided under this Agreement does not assure uninterrupted operation ofthe Equipment
If available. maintenance service requested and performed outside Office Systems 2000, Inc.' s normal business hours will be charged to the customer at Office Systems 2000, Inc.' s applicable time and material rates and terms then in effect, unless Office Systems 2000, Inc. and Customer have a written agreement providing after-hours maintenance service.
2. EXCLUSIONS to MAINTENACNCE SERVICE. Maintenance service provided by Office Systems 2000.Inc. under this Agreement does not include the following a. Repair ofdamage or increase in service time caused by failure of the Customer to provide continually a suitable installation environment with all facilities prescribed by Office Systems 200, Inc, including but not limited to the failure to provide, or the failure of adequate electrical power, electrical surges& spikes. improper electrical pounding. improper electrical outlet, etc air condiitioning, or humidity control. b. Repair ofdamage or increase in service time caused by: accident: disaster, which shall include but not be limited to fire, flood, water, wind, and lightning, transportation, neglect, terrorist acts; power transients: abuse or misuse, failure of the Customer to follow Office Systems 2000, Inc., or the manufacturers it represents, published operating instructions, and unauthorized modifications or repair of Equipment by persons other than authorized representatives of Office Systems 2000, inc. c. Repair ofdamage or increase of service time caused by use of the Equipment for purposes other than those for which Equipment was designed d. Replacement of pars which are consumed in normal Equipment operation, unless specifically included. Furnishing supplies or accessories, painting or refinishing the Equipment, performing services connected with relocation of Equipment or adding or removing accessories; attachments or other devices. e. Service calls to connect copier and fax systems to Customer' s networks after initial connectivity of machine at instil or an agreed upon time soon after install. Maintenance Agreement does not include adding software to new workstations or network changes performed after the initial installation of the covered Equipment These services will be performed on a per hour basis billable at the prevailing rate at time of service. f. Repair of damage, replacement ofparts,( due to other than normal wear) or service calls caused by use of incompatible supplies. g. Complete unit replacement or retUibishment ofthe Equipment h. Electrical work external to the Equipment or maintenance of accessories, attachments, or other devices not furnished by Office Systems 2000. Inc. i. Increase in service time caused by Customer denial of full and free access to the Equipment or denial of departure from Customer' s site. j. Software updates or charges associated with postal rate increases or carrier specific rate increases are not included with this Maintenance Agreement unless otherwise specified in writing and noted on this Agreement. k. If Equipment is moved from the location where Equipment was originally delivered and sal- up, any service calls associated with the repair of the Equipment after such move, will be billed at a per hour basis. The foregoing items areexcluded from Maintenance service, if performed by Office Systems 2000, Inc will be charged to the Customer at Office Systems 2000, Inc.' s applicable time and material rates and terms that in effect.
3. SERVICE WARRANTY AND LIMITATION OF LIABILITY. Office Systems 2000, Inc warrants to the Customer that the maintenance service provided herein will be performed in accordance with industry practices, and material and part furnished under this Agreement will be free ofdefects in material and workmanship at the time of installation. If any failure to meet the foregoing warranty appears and written notice thereof is provided to Office Systems 2000, Inc within the term of this agreement, Office Systems 2000, Inc. will correctly re-perform the services identified, or repair ce replace the defective material or pan provided. The foregoing service constitutes Customer' s sole and exclusive remedy, THE FOREGOING WARRANTY IS IN LEAU OF ALL OTHER WARRANTIES AND OFFICE SYSEMS 2000, INC. MAKES NO ADDinONAL WARRANTY, EITHER EXPRESSED OR IMPLIED, INCLUDING WITHOUT LIMITATION, and ANY WARRANTY OF MERCHANTABITLTY OR FITNESS FOR A PARTICULAR PURPOSE. OFFICE SYSTEMS 2000, INC. SHALL NOT UNDER ANY CIRCUMSTANCES BE LIABLE FOR ANY SPECIAL, INDIRECT OR INCIDENTAL OR CONSEQUENI'AL DAMAGES OR ECONIMIC LOSS, INCLUDING BUT NOT LIMITED TO, LOSS OF PROFITS, REVENUE, OR LOSS OF EQUIPMENT USE, EVEN IF OFFICE SYSTEMS 2000. INC. HAS BEEN ADVISED OF THE POSSIBILIYOF SUCH DAMAGES OR LASS, OR FOR ANY CLAIM AGAINST CUSTOMER BY ANY OTHER PARTY.
2 Initials_ yC/ ! / 1
2000 nc OfficSMaintenance— Service Agreement 4. INVOICING. Charges for maintenance service hereunder will consist of a Basic Maintenance Charge, applicable zone charge, and if applicable, Meter Charge as stated in this Agreement. In addition, Customer shall be responsible for paying all shipping and handling charges for toner, even if this agreement is a toner inclusive contract as set forth on the Office Systems 2000, Inc. proposal or Order Agreement, in accordance with the tams stated in this Agreement The Basic Maintenance charge may be invoiced in advance. The Meter Charge,( if applicable) or other maintenance charges will be invoiced periodically in arrears. The Basic Maintenance and Meter Charges for a partial month' s service will be prorated on the basis ofa thirty-( 30) day month. a. IfCustomer becomes delinquent in payment ofthe Maintenance Agreement, no maintenance or supplies will be delivered to the Customer until all outstanding costs are paid. All invoices are due upon receipt and are considered delinquent after thirty-( 30) days. b. In the event this Agreement lapses due to non- payment for a period of sixty-(60) days and the Customer whishcs to enter into another Agreement with Office Systems 2000, Inc., the Agreement will not take place until the machine hereunder are in compliance with service specifications as mutually agreed upon by the parties. c. If Customer terminates this Agreement before its expiration, Customer shall not be entitled to a refund of any amount paid under this Agreement. d. If the covered machine is used regularly by more than one{ I) shift of personnel, the charges set forth herein shall increase by fifty-(50) percent for each additional shift regularly using the machine. In the event that said covered machine is used in a high volume environment, the term ofsaid Maintenance Agreement may be adjusted to charge based on a cyclical count rather than calendar days.
5. ACCESS. Customer shall grant to Office Systems 2000, Inc. service personnel full and free access to the equipment to provide maintenance service and engineering changes thereon, subject only to the Customer' s security regulations.
6. ENGINEERING CHANGES. Engineering changes determined applicable by Office Systems 2000, Inc. would be controlled and installed by Office Systems 2000, mc. on Equipment covered by this Agreement Engineering changes which provide additional compatibility' s to the Equipment covered herein will be made at the Customer' s request at Office Systems 2000, Inc. applicable time and, material rates and terms then in effect
7. EQUIPMENT TRANSFER. Any transfer ofEquipment covered by this Agreement to a person other than the Customer listed herein, or to a location outside of Office systems 2000, Inc.' s normal servicing area will result in an adjustment ofcharges to the applicable rate for the new zone.
8. ASSIGNMENT. This Agreement shall be binding on and insure the benefits ofthe parties to it and there respective heirs, legal representatives, successors and assigns. Office Systems 2000, Inc. reserves the right to delegate its duties hereunder to one of more independent contractors This Agreement shall not be assigned by Customer without prior written approval ofOffice Systems 2000, Inc., and any attempted assignment in violation of this provision shall be void.
9. ALL MODIFICATIONS TO BE IN WRITTING. No variations or modifications of this Agreement, weather by Customer' s purchase order or otherwise, and no waiver of any of the Agreement' s provisions or conditions shall be binding unless in writing and signed by duly authorized agents ofOffice Systems 2000, Inc. and Customer.
10. WAIVER. The waiver ofany breach or default under this Agreement by either party shall constitute a waiver only as to such particular breach or default and shall not constitute a waiver or any other breach or default. No claim or right arising out of a breach of this Agreement can be discharges in whole or in part by a waiver or renunciation ofa claim or right unless the waiver or renunciation is in writing and signed by an officer of the aggrieved party.
I1. FORCE MEJEURE. Office Systems 2000, Inc. shall not be responsible for failure to render service due to causes beyond its reasonable control.
12. NOTICES. Services ofall notices under this Agreement shall be in writing and sent by first class mail, postage pre-paid, and addressed to the last brown address of the party to be served therewith. Notices sent by certified mail, return receipt requested, shall be presumed to have been received.
13. METER CHARGES. Customer also agrees to pay the monthly meter charges listed herein for each copy made on copiers under this Agreement. The initial quarter following installation will include the first partial month( if applicable) and will be prorated. Customer shall provide meter readings, on a quarterly, basis. If Customer does not provide such meter readings on a timely basis, Office Systems 2000, Inc. has the right to bill Customer for, and receive payment from Customer based on, Office Systems 2000, and Inc.' s reasonable estimate ofsuch readings. If toner is included under this Agreement, the agreed upon pricing only covers the supply of quantities of up to ten percent-( 10%) over the standard yield for the specific type( s) oftoner model( s); to the extent that Office Systems 2000, Inc. supplies toner in excess of this amount, Customer will pay Office Systems 2000, Inc. for excess toner according to Office Systems 2000, Inc.' s then current standard supply cost pricing,
14. PER IMAGE CHARGES. Per image charges are based on average page coverage. All Black and White image charges are based on 6% average page coverage. Color image charges are also based on 6% average page coverage. These percentages are based on 8.5x I I sheet of paper. You agree that Office Systems 2000, Inc. may proportionately increase or decrease your Per Image Charges at anytime should the average page coverage increase or decrease during the tam of this Agreement In addition, to the foregoing, Customer also agrees that each year during the
Initials / de 3 e 4 V
2000VtD Inc.I Maintenance Service Agreement tent ofthis Agreement, Office Systems 2000, Inc. may increase both the Base per Image Charge and the Excess per Image Charge on an annual basis in the mount determined in Office Systems 2000, Inc. discretion, but not to exceed ten percent( 10%) of the then existing payment and charge. My such annual increases made by Office Systems 2000, inc. will be effective as of the anniversary date ofthis Agreement.
15. CONSUMABLE SUPPLIES. All consumable supply items are excluded from this Agreement( Le. paper, staples, brushes, sponges, ink cartridges, labels, imaging units, etc.) unless specifically listed on the front of this Agreement This Agreement does not include the installation of any ensembles supplies. All consumable supplies used in the Equipment covered by this Agreement must be approved by the Equipment manufacture. In the event unauthorized consumable supplies are used in the covered Equipment, this Agreement will become void. This Agreanent does not hold Office Systems 2000, Inc. liable for the Customer' s expenses or loss of income while machines are out of operation. This Agreement does not include shipping and handling charges or hand delivery charges associated with delivery ofsupplies covered under this Agreement. a. It is the Customer' s responsibility to maintain and adequate supply inventory. In most cases, when Agreement includes toner, Office Systems 2000. inc. expects that very Customer will maintain a shelf supply ofone( I) toner cartridge with one additional cartridge installed in the covered Equipment. Supplies should be preordered as needed and customer should allow 5- 7 business days for order processing and delivery. If supplies are needed in an emergency situation, Customer may be billed for an additional delivery charge.
16. ENTIRE AGREEMENT This Agreement superceded and terminates any and all prior Agreements, ifany, whether written or oral, and all communications between the patties with respect to the subject matter of the Agreement. The Customer agrees that it has not relied on any representation, warranty, or provisions not explicitly stated in this Agreement, that no oral statement has been made to it in any way tend to waive the tams or conditions of the Agreement, and it is a complete and exclusive statement of those terms These terms and conditions shall prevail notwithstanding any prior additional or different terms and conditions ofany purchase order or any other document submitted by Customer in respect to the services to be provided hereunder. Your signature confnns acceptance o f the temp and condition This Agreement will automatically renew annually unless either party gives a thirty-( 30) day written notice to cancel Agreement.
OFFICE SYSTEMS 2000, INC. CUSTOMER ACCEPTANCE
Si of tative Signature of Authorized Representative
Kathy Ruemke SCOTT m PL5 , 10rJ Primed Narne Printed Name
Operations Manager Axing)) Juou Title Title
12/ 6/2016 17-7W449 Date Date
4 Initials RECEIVED CONTRACT INVOICE Office N1S 2000 Imo. DEC 0 8 2016 Invoice Number: IN63537 RECEIVED invoice Date: 12/ 06/ 2016
dba Texas Office Systems Inc COUNTY AUDITOR PO Box7593 Waco, TX 767147593 DEC 0 8 2016 P: 254-666- 2592 F: 254- 666-6044 COUNTY AUDITOR
Bill Ts Md ennan County District Clerk Customer. Mclennan County District Clerk McLennan County Auditors Office 214 North 4th Street, Suite 100 214 North 4th Street, Suite 100 Waco, Texas 76701- 1366 Waco, Texas 76701- 1366 USA
MC01 Due on Reaelpt 12/ 06/ 2016 1, 000.00 1•000.00 Srarteiber . . chsetrectramber antis cosdsegMmomit PA.Number Webb
CON1323- 10 Suzanne Bounds 254- 757- 5195 x 5607 1, 000.00 MA 11/ 08/ 2016 11/ 07/ 2017 Remarks
Summery: Contract base rate charge for the 11/ 08/ 2016 to 11/ 07/2017 billing period 1, 000.00
Contract overage charge for this overage period 0.00
See overage details below 1. 000.00
Debit Equipment Included underfhb contrail
Kyocera Mlta/ KM5050 Number Serial Number Base AC. Location 1244 PP%7907496 0.00 McLennan County District Clerk 214 North 4th Street, Suite 100 Waco, Texas 76701- 1366 Meter Type Meter Group Credits Covered Rate Total Count Total Count 100,000 W.010000 a-%Ate Vs0191 S.
Call us for all your toner needs. We sell HP, Lanark and many others for less than the competition. Invoice SubTotal 1,000.00 Tax: 0.00
Invoice Taal 1,000.00 Balance Due: $ 1,000.00
Page I oft Melanie Hunt
From: [email protected] -- Mary Lisa Balli < [email protected]> Sent Monday, December 12, 2016 3: 14 PM To: [email protected] Subject RE: OFFICE SYSTEMS 2000 41000.00
Hi Melanie,
Ok to pay.
Thanks Mary Lisa
From: meianie. huntCaco.mciennan.tx.us— Melanie Hunt lmailto:meianie.huntaco.mclennan.tx.us] Sent: Thursday, December 08, 2016 1: 33 PM To: MARY LISA BALLI Cc: PURCHASING, Ken Bass Subject: OFFICE SYSTEMS 2000 $ 1000.00
MARY LISA
HERE IS THE NEW CONTRACT THAT KEN WORKED WITH OFFICE SYSTEMS 2000 TO GET LOWERED.
ALL I NEED IF YA' LL ARE GOOD WITH THIS NEW PRICE IS AN" OK TO PAY" THEN I WILL SEND TO THE PAPERWORK TO COMMISSIONER' S COURT FOR THEM TO SIGN THE CONTRACT AND I WILL PROCESS THE PAYMENT.
THANKS
1 i
1080 bldust ial Blvd Hewitt TX 78803 254868.2582
OFFICE SYSTEMS 2544664044( fax)
December 6, 2016
Re: Equipment Maintenance Agreement
Dear Customer.
Enclosed is the maintenance contract renewal for your Kyocera KM5050 copier. Once you have reviewed the Maintenance Agreement, please initial each page where applicable: sign and print your name along with your title and forward this Agreement back to us. Should you choose not to renew your contract please let me know and I will send you a Declining Maintenance Agreement Form to complete. Please note should you choose not to renew your contract we will go back and bill for any service rendered for labor, parts, travel, and toner provided after you contract expired.
Please feel free to call me if you have any questions.
We appreciate your business.
Sincerely,
Kathy Operations Manager
FRED: DEC 2 0 2CS6 A AM OrHARWE11. c0uily Clan McLennan County. Texas ByLfyrtete7 Govan ncmr ORDER APPROVING:
AUTHORIZATION OF LEASE AGREEMENT: PITNEY BOWES (RE: INSERTING SYSTEM FOR THE TAX OFFICE1
On this the 20 day of December, 2016, came on for consideration the matter of Authorization of Lease Agreement: Pitney Bowes ( re: Inserting System for the Tax Office). After discussion, Commissioner Perry made a motion to approve and it was seconded by Commissioner Jones. A vote being called for, voting in favor of said motion was Judge Felton, Commissioner Snell, Commissioner Gibson, Commissioner Jones and Commissioner Perry. It is ordered by the Court that said Authorization be, and the same is hereby, approved by unanimous vote. McLennan County Purchasing Department 214 North 5th Street Waco, Texas 76701- 1302 Ken Bass Director ofPurchasing
C 0 IG)s
December 20, 2016
Re: Pitney Bowes Lease Contract for Tax Office
Commissioners Court:
Attached please find a Pitney Bowes lease agreement for a Relay 3000 Inserting System for the Tax Office. This is a first time lease for an inserter for this office.
We respectfully submit this contract for the Courts consideration.
Thank You, Ken Bass
APPROVED BY COMMISSIONERS COURT
THIS Y OF C- 20IV
COUNTY JU pitneybowes: i ):
State and Local Fair Market Value Lease I I I I I I I I I Agreement Number
Your Business Information
MCLENNAN COUNTY TAX OFF RECORDS BLDG
Full Legal Name of Lessee/ DBA Name of Lessee Tax ID#( FEIN/ TIN)
215N 5TH ST STE 118 WACO TX 78701- 1372
Billing Address: Street Cly State ZIP+4
SCOTT FELTON 254)757-5160 0012897511
Billing Contact Name Billing Contact Phone# Billing Account#
215 N 5TH ST STE 118 WACO TX 76701- 1372
Installation Address( if different from billing address): Street City State ZIP+4
PAUL GRASER 2547575130 0012897511
Installation Contact Name Installation Contact Phone# Installation Account#
2016-11- 28
PO# Quote Expiration Date
Your Business Needs
Qly Item Business Solution Description
1 RELAY3000 Relay 3000 Inserting System
1 0190012 Power Stacker Localization Kit
1 F391550 F391550- Relay Localization Kit- US
1 F790042-01 Power Cord
1 STDSLA Standard SLA-Equipment Service Agreement( for Relay 3000 Inserting System)
1 1130 TI30- Relay 3000 Inserting System
1 TIRH TIRG Adj Table 60 w/Shelf/Lock Door
1 TIRS TIRS- Vertical Power Stacker
1 STDSLA Standard SLA-Equipment Service Agreement( for Relay 3000 Inserting System)
Your Payment Plan
Tax Exempt Certificate Attached Initial Term: 60 months Initial Payment Amount:
Ms Tax Exempt Certificate Not Required Number of Months Monthly Amount Billed Quarterly
60 S 37113 S 1, 119.39 Purchase Power(' transaction fees included 1 ) Purchase Power° transaction fees extra Doss not rnwmr 5117 waavde sales. use. mwmert71nns with we be bees separately.
51511023 fait
1 of 2 Soo Sown Tams for additional Inns one Donations 02015 Pitney Box. Mt AO rights mooned. P4 Pitney Your Signature Below-
Non- Approprialions. You warrant that you have funds available to make all payments until the end of your current fiscal period, and shall use your best efforts to obtain funds to make all payments in each subsequent fiscal period through the end of your Lease Tenn. If your appropriation request to your legislative body, or funding authority(" Governing Body") for funds to make the payments is denied, you may terminate this Lease on the last day of the fiscal period for which funds have been appropriated, upon( il submission of documentation reasonably satisfactory to us evidencing the Governing Body's denial of an appropriation sufficient to continue this Lease for the next succeeding fiscal penod, and Iii) satisfaction of all charges and obligations under this Lease incurred through the end of the fiscal period for which tunas have been appropriated. including the return of the equipment at your expense.
By signing below, you agree to be bound by all the terms and conditions of your State' s/ Entity's/ Cooperative's contract, including the Pitney Bowes Tema. which are available at ynvw ob comistaleslbnvboag and are incorporated by reference( collectively, this' Agreement'). The terms and conditions of this Agreement will govern this transaction and be binding onus after we have completed our credit and documentation approvals process and have signed below. The lease requires you either provide proof of insurance or participate in the ValueMA%` equipment protection program( see Section L9 of the Pitney Bowes Terms) for an additional fee. II software is included in the Order, additional terms apply which are available by clicking on the hyperlink for that software located at wow DMevbowec cowlgtllicPnse- hMnR.of-uSe/ sOff.Yare-and- suhSrnpliom*Prms- and- conditions. html. Those additional terms are incorporated by reference.
496-State/15 Ent, Co a 2.77 r t f8-ff 1- 41-71 Lessee Signature M Pitney Bowes Signature 2 15 p t l 1. Po is* Pant Name Sq\ Jw to re 4 Pnnl Name fjct tirY OU p •^ s d 5 Q, Sue A7aC.+ 4 f. c• t 1. 11„. 4 pull Jl nee N W/ r 0 t (t +.. r / Date lot 9. Dale
Email Adorers
r Sales Information 1
Account Rep Name 1 Split Sales Rep ID District Office
Account Rep Name 2 Split Sales Rep ID District Office
VS154401. 3 10115 BLED. egs reserved. P 1 of; DEC 2616 See Pena 02011 Pitney Bowes Inc. At rights 2. 0 y Dowse Terms ter additional lame end cendllone
I. a ' aNDY" HARWELl. Leuntylase McLsmanCeunly Texas y?,t rcttySewen nusi ORDER APPROVING:
AUTHORIZATION OF INTERLOCAL COOPERATIVE AGREEMENT: LORENA ISD ( ROAD WORK)
On this the 20 day of December, 2016, came on for consideration the matter of Authorization of Interlocal Cooperative Agreement: Lorena ISD ( Road Work). After discussion, Commissioner Snell made a motion to approve H. 9. ( Interlocal Agreement for McLennan County to perform patch work for Lorena ISD and Lorena ISD will then reimburse the County up to $ 1, 550. 00) and it was seconded simultaneously by Commissioner Perry and Commissioner Jones. A vote being called for, voting in favor of said motion was Judge Felton, Commissioner Snell, Commissioner Gibson, Commissioner Jones and Commissioner Perry. It is ordered by the Court that said
Authorization be, and the same is hereby, approved by unanimous vote. INTERLOCAL COOPERATIVE AGREEMENT
This agreement is made by and entered into between the Lorena Independent School District,( hereinafter" School District") and McLennan County, (hereinafter" County") Texas.
WHEREAS, it is in the best interests of the citizens of McLennan County for the various governmental entities located in this County to cooperate in the provision of governmental services where such cooperation will result in a more efficient, higher quality and/ or more cost-effective provision of such services; and
WHEREAS, the County can provide the services promised below more efficiently and less expensively than the School District; and
WHEREAS, the County is willing to provide the work and materials needed for project defined herein in consideration of payment of a sum in an amount that fairly compensates the County for the materials provided and work performed; and
WHEREAS, School District and County have found it advisable to enter into an Interlocal Cooperation Act Agreement wherein the County agrees to provide the governmental functions described below as authorized by Chapter 791, Government Code ( formerly Article 4413 ( 32c), TEX. REV. CIV. STAT. ANN) after authorization by the County Commissioners' Court as required by the statute.
NOW, THEREFORE, in consideration of the promises, covenants and agreements contained herein, the parties hereto mutually agree as follows:
Section I: County Obligation.
Perform patching work on the School District' s property in accordance with the specification attached hereto as Exhibit" A" and incorporated by reference herein.
Section II: School District Obligation.
In return for the County' s performance of its obligation set forth above, the School District shall pay the County the total sum of$ 1, 550. 00 as set out in the estimate attached hereto as part of Exhibit " A." This is an estimate, and should the County' s material costs be higher than estimated, the School District agrees to reimburse the County for any overage. Payment is due within 30 days of the completion of the Project, and shall be made by a check payable to McLennan County delivered to the McLennan County Treasurer.
Section II: Miscellaneous Terms.
a) Easements, Right of Way Grants, and Approvals: School District agrees to obtain all easements, right of way grants, or approvals necessary, if any, for the County to perform its obligation defined herein.
ICA/ Lorena ISD Patching— Page I b) No Continuing Responsibility: This agreement is for the work/services described only, and does not include subsequent provision of services, maintenance, repair, or monitoring.
c) Current Revenues: Performance under this Agreement by the parties is to be undertaking solely from current revenues available to the parties.
d) Approval of Contract: This Agreement was approved by the governing bodies of both parties.
This agreement may be executed in multiple counterparts, each of which constitutes an original.
EXECUTED on the / day of / Ago.-6 c ,2016
LORENA INDEPENDENT SCHOOL DISTRICT
Su rintendent
A/T/''TEEST:
t eD Witness
MCLENNAN COUNTY, TEXAS Z2c 7--ACIALO 7. a- ca._ County Judge SCOTT M • rapt.)
AT T.
s/ /.,_
ICA/ Lorena ISD Patching— Page 2 Pa EXHIBIT
ICA/ Lorena 1SD Patching— Page 3 COST ESTIMATE FOR ROAD WORK MCLENNAN COUNTY PCT 1 ROAD & BRIDGE
FY 2017 ( Oct. 2016 - Oct. 2017) - Lorena ISD
TASKS: PATCHING
1 Loads of Material & Labor 1, 550. 00 1, 550.00
Includes Material & Labor Costs
TOTAL COST 1, 550. 00
FILED: DEC 2 0 2CtS A ' ANDY" NARWELL. 0000ryCIS ICA/ Lorena ISD Patching— Page 4 Mctm nCaucey, tees 44 Mmefen3owannenm The Court went to item M. Additional Items ( If Any) for Discussion and Potential Action. AGENDA: DECEMBER 20, 2016
M. Additional Items ( If Any) for Discussion and Potential Action:
1. Greater Waco Chamber of Commerce: Monthly Economic Approved Development Report, October 2016 See beginning ofMeeting)
2. McLennan County Children' s Protective Services Board: Approved Authorization of Board Appointment
Approved 3. Children's Protective Services Board: Recording of Detailed Transaction Report, November 2016
4. Discussion and/ or Action regarding the 2017 Community Kept Deferred Legislative Priorities
CD- 416, 10: 01 The Court went to item M. 2. McLennan County Children's Protective Services Board: Authorization of Board Appointment. ORDER APPROVING:
AUTHORIZATION OF BOARD APPOINTMENT:
MCLENNAN COUNTY CHILDREN' S PROTECTIVE SERVICES BOARD
On this the 20 day of December, 2016, came on for consideration the matter of McLennan County Children' s Protective Services Board: Authorization of Board Appointments. After discussion, Commissioner Perry made a motion to approve and it was seconded by Commissioner Jones. A vote being called for, voting in favor of said motion was Judge Felton, Commissioner Snell, Commissioner Gibson, Commissioner Jones and Commissioner Perry. It is ordered by the
Court that said Authorization be, and the same is hereby, approved by unanimous vote. McLennan County Children' s Protective Services
OFFICERS
CHAIRPERSON JoAnn Nors VICE-CHAIR Dustin Chapman SECRETARY Michelle Dunnam TREASURER December 9, 2016 Bill Helton
Honorable Scott Felton, County Judge BOARD OF DIRECTORS Ted Merlino McLennan County Commissioner' s Court Bobby Campos Rev. Gladstone Knight
McLennan Court House Ashley Kegerreis County Phil Oliver Stevie Sheffield 501 Washington, Waco, Texas 76701 Jay Ehret
Judge Felton & Commissioners
REPRESENTATIVE FROM The McLennan County Children' s Protection Board request the approval of a new board mdit hF PARENT ASSOC. Ramona Carrizales Susie Farley to serve the children of McLennan County. Susie was approved by the Board Members on
November 30, 2016. The Background Check has been approved Rhonda on November—IL by Whitney ea-urricl0 MEMBERS 2016. Judge Scott Felton Judge Gary Coley ADA Robin Houston We are looking forward to receiving your approval.
Your attention is appreciated!
Yours truly,
y JoAnn Nors, President
McLennan County Children' s Protective Board
A PPorvr(n e' APPR• r BY COMM SSIORERS COURT THIS ' Is,r OF -- 20 l
E
Texas Department of Protective and Regulatory Services- McLennan County Children' s Protective Services P.O. Box 977, Waco, Texas 76703, (254) 750- 9290 I ../
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avid- VobaterIDemamhalbflotameraye tte lawns pat eatoldfl Minutes McLennan County Children' s Protective Services Board November 30, 2016 801 Austin Avenue Waco, Texas 12: 40 PM
1. Call meeting to order.
2. Establish Quorum (5 Board Members Minimum). JoAnn Nors, Dustin Chapman, Collin Coker, Bill Helton, Joyce Fonteneaux, Bobby Campos, Rhonda Yates, Ashley Kegerreis, Lindy Amaro, Andy Harwell, and Crystal Mynar. Also in attendance: Sherry Kingery, Jesse Guardiola and Rolanda Whitney.
3. Review& Approve Minutes from previous meeting. Collin Coker made a Motion to Approve. Seconded by Ashley Kegerreis. Approved.
4. Treasurer' s Report: Bill Helton presented the financial report. Dustin Chapman made a Motion to Approve. Seconded by Collin Coker. Approved.
5. Action on Applications for Board Membership: a. Susie Farley Bill Helton made a Motion to Approve the Application of Susie Farley. Ashley Kegerreis seconded. Approved.
6. Discussion and Action on Assistance Requests. Jesse presented a request for$ 75 for Cookies and Drinks for 12/ 9 for Midway ISD students. Bill Helton made a Motion to Approve. Seconded by Lindy Amaro. Approved. Lindy will donate a Christmas tree to a family based on a request from Jesse. Bill made a Motion that a receipt was not necessary from Raising Cane' s on the food for Adoption Day. Seconded by Rhonda Yates. Approved.
7. Appoint Secretary to replace previous Board Member, and Secretary, Marisa Coronado. Bill Helton made a Motion to Appoint Crystal Mynar as the Board Secretary. JoAnn Nors seconded. Approved.
8. 2017 Fiscal Year Objectives, Plans, and Schedule: a. Discussion and or Action related to Christmas Skating Party. Dustin was arranging the chicken with Bush' s and will bring ice. Michelle will bring pizza. Collin will bring cheese balls. Lindy and Crystal will bring cookies. JoAnn will brings plates and decorations, etc... b. Discussion and or Action related to Winter Coat Purchases. JoAnn said that the coat purchases had been made and they were being delivered. c. Discussion and or Action related to temporary housing for Foster Children who are in a transition phase. Rhonda and Sherry are working with the State Legislature on this. d. Planning, Discussion, and or Action related to other 2017 Fiscal Year Events. Bill said that the some stores will wait until the end of their business day for him to come pay. Bill passed out a PO that he created that a portion can be left at the store along with the items purchased. Bill can then go to the store and total the receipts and pay. Jesse offered to help in any way he can and offered to go complete the purchases when needed.
9. Other Business. Collin Coker said workers at juvenile will sponsor some of the additional kids for Christmas. Ashley Kegerreis will also take some more for Kelly Realtors. Bill Helton made a Motion to spend $75 each on Christmas gifts for those kids that were removed late. Ashley Kegerreis seconded. Approved.
Rolanda gave an update that we have donors for 665 kids for Christmas. But removals will continue to happen throughout December.
There was a discussion about the Board focusing on a specific group of kids. Andy Harwell mentioned the importance of focusing on quality over quantity. Focus on one are and do it well.
There was discussion about looking at other areas to raise funds, such as golf tournaments, etc...
10. Adjourn. Print Page 2 of 2
Rolonda Whitney
CIS Volunteer Service Coordinator
801 Austin Ave. 10th Floor/Suite 1010
Waco, Texas 76701
Office 254/ 750- 9308
www.dfps.state.tx. us
www. helpandhope.org
Attachments
image001.jpg (3. 10KB) image004.jpg (7. 39KB) 11092016SFarley.pdf( 318. 81KB)
https:// mg.mail.yahoo.com/ neo/ launch?.partner=sbc&. rand= fhaipc06j939p 12/ 8/ 2016 Print Page 1 of 2
Subject FW: Board Approval
From: Bill Helton( [email protected]. tx.us)
To:
Date: Thursday, December 8, 2016 10:46 AM
JoAnn:
Rolonda forwarded the email below.
Previously, we received the application with the" Return Results" at the bottom of the last page of the application completed. I guess this email is enough.
Bill
From: [email protected]— Whitney,Rolonda( DFPS)[ mailto:[email protected]. tx.usj Sent: Thursday, December 08, 2016 10: 40 AM To: [email protected] Cc: Subject: FW: Board Approval
Per your request
From: Whitney,Rolonda( DFPS) Sent Tuesday, November 15. 2016 3: 19 PM To: Cc Whitney,Rolonda( DFPS)( ROLONDA. WHITNEY( dfos.state.tx. us) Subject: Board Approval
Hello!
Elizabeth Farley has been approved to serve on the McLennan County CWB pending Commissioner approval. Ifyou have any additional questions please email or call me at the number listed below. Thanks! FILED: DEC 2 0 2016 A° ANOrHMWEU.cWirtyCleri Mcannanar ' prPim, 2016 https:// mg.mail.yahoo.com/ neo/[ aunch?.partner=sbc&. rand=fhaipc06j939p 12/ 8/ ORDER ACCEPTING:
CHILDRENS' PROTECTIVE SERVICES BOARD: RECORDING OF DETAILED TRANSACTION REPORT, NOVEMBER 2016
On this the 20 day of December, 2016, came on for consideration the matter of Childrens' Protective Services Board: Recording of Detailed Transaction Report, November 2016. After discussion, Commissioner Jones made a motion to approve for recording purposes and it was seconded by Commissioner Perry. A vote being called for, voting in favor of said motion was Judge Felton, Commissioner Snell, Commissioner Gibson, Commissioner Jones and Commissioner Perry. It is ordered by the Court that said Recording be, and the same is hereby, accepted by unanimous vote. Childrens' Protective Services Board
Detailed Transaction Report
11/ 1/ 2016 - 11/ 30/2016
Community Bank Acct# XXXX0161
Rate: 0. 000% Beginning available balance 11/ 1/ 2016 $ 13, 965. 55
Revenue $ 1, 267. 50
Expenditures: $ 2, 372.09
Voided items: 0. 00
Ending available balance 1113012016 $ 12, 860.96 Outstanding deposits: 0. 00
Outstanding withdrawals: $ 2, 122. 09
Account# XXXX0161 Ending bank statement balance $ 14, 983.05
Expenditures
Date Check#: Payee/ Payer: Budget object: Comment: Amount:
11/ 10/ 2016 1529 Raising Cane's Childrens Parties Adoption Day 2016 250.00
11/ 22/2016 1530 Jo Ann Nors Coat Purchase Reimburse JC Penney coat purchase. 2, 122.09
Total Expenditures: $ 2, 372.09
Revenues
Date Check#: PayeelPayer: Budget object: Comment: Amount:
11/ 10/ 2016 107473 McLennan County Jury Fund Jury Checks 15. 00
11/ 10/ 2016 107618 McLennan County Jury Fund Jury Checks 252.50
11/ 2/ 2016 1508 Clint& Casie Weaver Coat Purchase 1, 000.00
Total Revenues: $ 1, 267.50
Outstanding items
Date: Check#: PayeelPayer: Amount:
11/ 22/2016 1530 Jo Ann Nors 2, 122.09
Total Outstanding Items: $ 2, 122.09
McLennan County Employees' Federal Credit Union Acct# XXO5OA Rate: 0. 350% Beginning available balance 1111/ 2016 $ 1, 512.24
Revenue 0. 00
Expenditures: 0.00
Voided items: 0. 00
Ending available balance 11130/2016 $ 1, 512.24
Outstanding deposits: 0. 00
Outstanding withdrawals: 0. 00
Account# XX050A Ending bank statement balance $ 1, 512.24
ACCEPTEDA BY COMMISSIONERS COURT gszczoOM(y- THI / DAY OF 20( t9
CO
Bill Helton, Treasurer FILED: DEC 2 0 2010 Children' s Protective Services Board A' ANOY' HARWELL. CeuntyCian MCLennanCoun' Texes 9v MMrce1?, ROrran nFPI m' KEPT DEFERRED:
ACTION RE: THE 2017 COMMUNITY LEGISLATIVE PRIORITIES
On this the 20 day of December, 2016, came on for consideration the matter of Discussion and/or Action regarding the 2017 Community Legislative Priorities. After discussion, Commissioner Jones made a motion to defer and it was seconded by Commissioner Snell. A vote being called for, voting in favor of said motion was Judge Felton, Commissioner Snell, Commissioner Gibson, Commissioner Jones and Commissioner Perry. It is ordered by the Court that said Action Re: 2017 Community Legislative Priorities be, and the same is hereby, kept deferred by unanimous vote. The Court went to the Supplemental Agenda. SUPPLEMENTAL AGENDA: DECEMBER 20, 2016
B. Capital Improvement, Repair, Maintenance Projects and Construction Projects:
I. Regarding the Extraco Events Center/ Moisture Intrusion Remediation/ Repairs/ Low Roof 1 Replacement( Project No. 2013- 015. 02):
a. Big Bear Roofing& Construction, LLC Construction Agreement RFP 16- 014): Authorization of Change Orders/ Work Orders/ Additional Services/ Payment Requests/ Addendums
1) Authorization of Change Order No. 1 Approved
2. Big Creek Construction, Ltd: Authorization for the Reconditioning and Approved Resurface of Old Temple Road
CD- 416, 10: 05 ORDER APPROVING:
AUTHORIZATION OF CHANGE ORDERS/ WORK ORDERS/ ADDITIONAL SERVICES/ PAYMENT REQUESTS/ ADDENDUMS: A. BIG BEAR ROOFING & CONSTRUCTION, LLC CONSTRUCTION AGREEMENT( RFP 16- 014)
AUTHORIZATION OF CHANGE ORDER NO. 1
RE: THE EXTRACO EVENTS CENTER/ MOISTURE INTRUSION REMEDIATION/ REPAIRS/ LOW ROOF REPLACEMENT( PROJECT NO. 2013-015.02)
On this the 20 day of December, 2016, came on for consideration the matter Regarding the Extraco
Events Center / Moisture Intrusion Remediation/ Repairs / Low Roof Replacement ( Project No.
2013- 015. 02): Big Bear Roofing & Construction, LLC Construction Agreement ( RFP 16- 014):
Authorization of Change Orders / Work Orders / Additional Services / Payment Requests /
Addendums. After discussion, Commissioner Jones made a motion to approve ( the decrease) and it was seconded by Commissioner Gibson. After further discussion, a vote being called for, voting in favor of said motion was Judge Felton, Commissioner Snell, Commissioner Gibson, Commissioner
Jones and Commissioner Perry. It is ordered by the Court that said Authorization be, and the same is hereby, approved by unanimous vote. CHANGE ORDER 441\ i. ENGINEERING NO. 01 Turning Ideas into Reality"
TBPE Firm No. F- 282
Project, Low Roof Replacement at the Date of Issuance: 12/ 15/ 2016 • . ExiracorEvents Center Project No. 2013-015.02 4601 Basque Blvd. Eng. Waco, Texas 76710
Owner. McLennan County Contract Date: 10/ 24/ 2016 To:. Big Bear Roofing & Construction, LLC. Contract For General Construction
Attachments: Substitution request, Weather delays, and Emails
Copies to: File
The contract is changed as follows:
Item# Description Amount
1 Recover substitution ( copy attached) 3,840. 00
2 Change in contract time:. 8 days Project delays to date (copies attached) 10 days Substitution request
CONTRACT PRICE
The original Contract Sum was 272,900.00 Net change by previously authorized Change Orders 0.00 The Contract Sum prior to this Change Order was 272, 900.00 The Contract Sum will be decreased by this Change Order in the amount of 3,840.00 The new Contract Sum including this Change Order will be 269,060.00
CONTRACT TIME
The date of Substantial Completion prior to this Change Order was 12/ 02/ 2016. The Contract Time will be increased by 18 days. The date of Substantial Completion as of the date of the Change Order therefore is 12/ 20/ 2016
ENGINEER: CONTRACTOR: OWNER:
Winton Engineering, Inc. Big Bear Roofing 8 Construction, LLC. McLennan County P. O. :. x 20084 407 Lake Air Dri e 501 Washington Avenue Waeo, _ as 76702-0084 Waco, Texa 11 Waco, Texas 76701 (
2s a By. By: / L sf By: i! a ,V James '. Winton, P. E., President Phil Gustafson, Sal- sman The Honorable Scott M. Felton, County Judge
l2- Date: / 2 / 6 Date: h.e0Ap Date: 12/ 15/ 16 6I/
Y:\ Jobfiles\ 2013-015_ Extraco-Water\ 2013415.02 low-Roof\ 05_ Changes\ Change-Orders\ CO-01\ 2013-015. 02_Chonge-Order-0l. docx Page 1 of 1 DATE OF REQUEST: /% - ( o-- / 4, SUBSTITUTION REQUEST FORM WE PROJECT NO: 2013-015.02
PROJECT: Low Roof Replacement at the Exfraco Event Center 4601 Bosque Blvd. Waco, Texas 76710 Ann: Steve Hendrick
We submit for your consideration the following product as a Substitution for the specified product:
Section No. Paragraph Specified Product
Proposed Substitution: i1/ ReEDVei 1'*- hat. / ebiUYI O/ 4
x kilo Cv ,+, ledtder. Ve w! I/ 4P, 46415 S1re t a ; 0. 4- ke OPj4Na/ jf/DJeef osinytf+vdcc k Product Data:
Attach complete technical data for the proposed Substitution. Include information on changes to Contract Documents which proposed Substitution will require for its proper installation.
Samples: 1 I A
Attached [ ] Will be furnished upon request
Does the Substitution affect dimensions shown on drawings?'' II y No Yes( explain) N' 1''
Effects of proposed Substitution on other Work: 1 rite are Vlo ei ter,"5 en +Le pro pt0se{ S,, bs . Fur; - vt .. r
Differences between proposed Substitution and specified Product: YoYlo i- 1s t-' e Byre. Ike• r` biresce is 6] .7 R i ii beti rreenger, vtJ i . 315€ Al VCOf 00+ fefrili4j oil-. Manufac rer's warranties of the proposed Substitution and specified Products are:
Same Different( explain)
Y: k,Mb12013015 ENao.WaleA2011e15.02J.rnsRmlld_Specglcaliau\33_201301502- SutelfuHm_Repunt_Fo m kca gl/ I
Maintenance service and parts are available for proposed Substitution from: spans:
J t]
Previous installations where proposed Substitution may be seen:
Pit G/ Project: OnaJasfka IUD Project /( IS!) J Owner. (,/ t` 1 a4Us Owner. SLWN yri[ i; fr0440 4f Il Engineer: "'/ Engineer: N1/4
Date Installed: g/ / je Date Installed: 3 / 5/ 110
Cost savings to be realized by Owner, if proposed Substitution is accepted: 4 smo, isa
Change to Contact Time, if proposed Substitution is accepted:
No Change [ ] Add_ days yjDeduct P days
Submittal constitutes a representation that Contractor has read and agrees to the provisions of Section 01600.
Submitted B • ntra t• r:
Signet re
a lco In • etril5 /vo% rrr, LLC Fir •
For Use by Engineer:
Based on the information supplied by the Contractor, the Engineer has reviewed the proposed Substitution on the basis of design concept of the Work and conformance with information given in Contract Documents.
Accepted Accepted as Noted [ ] Rejected
J Submit Additional Information:
By: Date:
YSJobaes12013-015 6WawWated2013015.C12 lnaRwf 4_ SpeadiwfveU3_2013015.02_ Inn_Request_Famt ocx Jim Winton
From: Jim Winton Sent Wednesday, November 30, 2016 4:02 PM To: Dustin Chapman'; Craig Tindle Cc Ken Bass'; ' Steve Hendrick'; JD Ewing ( jdewing @hotfair.com) Subject Extraco - Low Roof
I spoke with Wes, and Big Bear is going to get back on the roof after 4: 00 pm today in order to close up the areas that were opened this morning. They will check with someone in the arena prior to beginning to make sure all the horses are through for the day at that point.
After that, they will stay off the back roof until at least 4: 00 for the rest of the week, and check below before they start any work. Next Monday they are free to work all day, and after next week they are free to work anytime up until 12/ 29.
I' m leaving it up to Big Bear on whether they prefer to work the odd hours to complete the back, or wait and complete the rear area after the horses are gone.
Thanks! Out 11 /- To 1- x. 11 ( 4./ 12 Jim Winton, P. E.
Cy.&i{ lzls Winton Engineering, Inc. IIConsulting Engineers P. O. Box 20084 NA; Waco, Texas 76702- 0084 I ', 1 _- 254- 776-7024( office) 254- 776-7047( fax) TBPE Firm No. F- 282
This correspondence Is intended for the use of the addressees) only and may contain privileged, confidential, or proprietary information that is exempt from disclosure under law. If you have received this message in error, please inform us promptly by return e- mail, and destroy any printed copies.
1-1 17- S' C 1- q T W r r o z 3 c X x 1 1, 2 Li- S to 7 E X
cs. ri L c>. ty t ct 1-
J t
1 IWEATHER DELAY Virit ENGINEERING NOTIFICATION Turning Ideas into Reality"
rvEr5taInF
Project Low Roof Replacement at the Date of Request 1' 2.7;( t4, J a Extraco Events Center 4601 Bosque Blvd. Eng. Project No. 2013-015.02 Waco, Texas 76710
Owner. McLennan County Contractor Big Bear Roofing S. 501 Washington Avenue Construction. LLC. Waco, Texas 76701 407 Lake Air Drive Attn: Scott M. Felton, County Judge Waco, Texas 76710
Copies to: File
Note: This form must be submitted within five( 5) working days. Prior to submitting contractor shall review the Contract Documents to verify the conditions required for approval. ft0 iCO M`i r LIM5liUC ILLC.. ( contractor) requests a weather related delay, which, if approved, shall result In extensions of the ContracttTTime/ 50, net / Date of Weather Delay: //' Z' H
Day of week: ( Check one) Cause of Weather Delay: Monday ain Tuesday Wet/ Frost on Surfaces lednesday High Winds ( specify) mph. L ' thrsday Temperature (specify) F
IE$ riday QL) specify) Saturday Cbu HO L 4oK Sunday Se + ion axle fo ham SAND .
Time Lost: ull Day 0 A Day Hours
a+ ' ; i_' Submitted By: , a Ktk: Caramckor wo-S vt Sr remit 67 w O° leW" cast It two 5 ot%4 4b Chit? Signature: a' l2/ 11( jo 'W rv- 54 4 G ( Ste emcAl) For Engineers Use'• n • I Approved Not Approved 12 l3 Provide Additional Information amen . Winton, P. E. Date Conditions did not Prevent Work pr• Work was in Progress Engineer icyfiroutrA 3 eta"(5
RbtNaL ata, flocs of I tAlobres\ 201)- 0 IS. Eltoco-Wa:e4 201) 015D2jow-ROM06_5neciko'nans X11641. 02l34J913.01501.Weoffa- Page 1 1ther Jim Winton
From: Jim Winton Sent Wednesday, November 30, 2016 11: 27 AM To: Dustin Chapman' Cc: Ken Bass'; ' Steve Hendrick'; JD Ewing (jdewing @hotfair.com) Subject: Extraco- Low Roof
Dustin,
I met with Craig Tindle this morning at the job site.
They got the drain pieces they were waiting for and are in the process of installing them. Craig indicated they had removed roofing and installation around drains to make sure all the water from the leaks was gone. He is sending me written confirmation and pictures of that work. They are 95% through with all the" horseshoe" area around the building. Left is installation of the metal cap flashing and detail work around drains and penetrations. The flashing is being fabricated and should be on- site in the next few days. Craig indicated they replaced an HVAC unit on the roof. Apparently one of the lines was nicked during the roofing work. There may be a question of if the replacement of the entire unit was needed, but he is going to look into the issue more and let me know. They are fabricating 4x4 runners to support all the units on the roof. Big Bear is looking into the base of the cupolas further. They will need to remove the existing metal enough to get flashing behind it per the plan details. Once the main membrane is in place and 100% completed, Big Bear will do some additional water testing around the cupolas to determine if there are still leaks and where they may be coming from. Any repairs will be addressed by the contingency. I will also get back in touch with Mike to see what his input from the previous work is. There is a section of roof on the northwest side of the horseshoe which is holding water. It apparently held water before, but Mulehide wants it fixed in order to warranty it. I will go back and look at the specs to see if this should be handled by Big Bear or if it is a potential change order/contingency item. I believe they are responsible to provide slope to prevent ponding conditions.
Also, I have a couple of pay requests from Big Bear. We held the first one because we did not have approved submittals. We are still waiting for some submittal information, but I' ve now checked most of the materials on-site, so I will be forwarding those two pay applications later today.
Finally, Craig indicated that Robert from the fair complex had them.halt work on the rear area this morning because the; noise was spooking horses. He indicated they would need to restrict any noise for the next two weeks until at least 1: 30' in the afternoon. This time restriction was not in the original instructions to bidders, so if work does need to be ha_Ited; then Big Bear would be due an increase in Contract Time. Please check on this if possible and IS me know. I' ve) instructed Big Bear to honor the halt work request until further notice. If there are other allowable times or days_during! that two week period when they can work let me know.)
Thanks. Call if there are questions.
Jim Winton, P. E.
1 Winton Engineering, Inc. Consulting Engineers 1 y S. P. O. Box 20084 Waco, Texas 76702-0084 254776-7024( office) 254776- 7047( fax) TBPE Firm No. F- 282
This correspondence is intended for the use of the addressee(s) only and may contain privileged, confidential, or proprietary information that is exempt from disclosure under law. If you have received this message in error, please inform us promptly by return e-mail, and destroy any printed copies.
2 Jim Winton
From: Dustin Chapman < dustin. chapman @co.mclennan.tx.us> Sent: Wednesday, November 30, 2016 4:07 PM To: Jim Winton; 'Craig Tindle' Cc: Ken Bass';' Steve Hendrick', ' JD Ewing' Subject: RE: Extraco - Low Roof
Thanks Jim!
From: jwinton @w!nton-eng.com -- Jim Winton [ mailto:jwinton@ winton- eng. com] Sent: Wednesday, November 30, 2016 4: 02 PM To: Dustin Chapman; Craig Tindle Cc: Ken Bass; Steve Hendrick; JD Ewing ( [email protected]) Subject: Extraco - Low Roof
I spoke with Wes, and Big Bear is going to get back on the roof,after 4: 00 pm today in order to close up the areas that were opened this morning. They will check with someone in the arena prior to beginning to make sure all the horses are' through for the day at that point)
After that, they will stay off the back roof until at least 4: 00 for the rest of the week, and check below before they start any work. Next Monday they are free to work all day, and after net week they are free to work anytime up until 12/ 29.'
I' m leaving it up to Big Bear on whether they prefer to work the odd hours to complete the back, or wait and complete ithe rear area after the horses are gone.)
Thanks!
Jim Winton, P. E.
Winton Engineering, Inc. u( yyy Consulting Engineers P. O. Box 20084 JY/ Texas 76702- 0084 Al 254- 776- 7024( office) 254-776- 7047( fax) TBPE Firm No. F- 282
This correspondence is intended for the use of the addressee(s) only and may contain privileged, confidential, or proprietary information that is exempt from disclosure under law. If you have received this message in error, please inform us promptly by return e-mail, and destroy any printed copies.
1 vvi WINT O N WEATHER DELAY ENGINEERING NOTIFICATION Turning Ideas into Reallt/
MK nn, ra r-7
Project Low Roof Replacement at the Date of Request t SAG Extraco Events Center 4601 Bosque Blvd. Eng. Project No. 2013-015.02 Waco, Texas 76710
Owner. McLennan County Contractor Big Bear Roofing & 501 Washington Avenue Construction. LLC. Waco, Texas 76701 407 Lake Air Drive Attn: Scott M. Felton, County Judge Waco, Texas 76710
Copies to: We
Note: This form must be submitted within five( 5) working days. Prior to submitting contractor shall review the Contract Documents to verify the conditions required for approval.
approved,3Ber gn9 shall result f CM in extensionsSiYucJllott of1LLC.. the Contract ( contractor) Time. requests a weather related delay, which, if
M't) Date of Weather Delay: II - 1 -- II- i
Day of week: ( Check one) Cause of VpOther Delay: 13 onday KRain Lesday Wet/ Frost on Surfaces adKednesday High Winds (specify)_ mph. Thursday Temperature (specify) F Friday Other( specify) , Saturday Sunday
Time Lost: Ci411 Day A Day Hours
Submitted By: , ' '/_:, .... e Signature:
for Engineers UseiTill'
XApproved Not Approved I 5 1/' o Provide Additional Information James . Winton, P. E. Date Conditions did not Prevent Work Appro ed Work was in Progress
n Engineer 4ar, cypsredat
of rymtt', VOl3Gl5_urnowafnv0l3-0l& DUlow-Rww4_5aectcatvA7Y6-11- 0T31y1110, 5-01_wcoN3 Oen! NoLtico: ammrt Page 1 1 darni Mr : INTON WEATHER DELAY ENGINEERING NOTIFICATION Turning Ideas into Reality'
UWEAm No. F282 •
I Project Low Roof Replacement at the Date of Request: I. 1/ 14./ V...
Exhaco Events Center V' 4601 Bosque Blvd. Eng. Project No. 2013-01502 Waco, Texas 76710
Owner: McLennan County Contractor Big Bear Roofing& 501 Washington Avenue Construction, LLC. Waco. Texas 76701 407 Lake Air Drive Attn: Scott M. Felton. County Judge Waco. Texas 76710
Copies to: File
Note: This form must be submitted within live ( 5) working days. Prior to submitting contractor shall review the Contract Documents to verify the conditions required for approval.
F SffUVrram, LLC. (contractor) requests a weather related delay. which, if BlKoagliapproved. shall result in extensions of the Contract Time.
Date of Weather Delay: 2 - IL
Day of week: ( Check one) Cause of Weather Delay: Monday C2Rain Tuesday Wet/ Frosl on Surfaces Wednesday High Winds (specify) mph. Thursday Temperature (specify) F Friday Other( specify) Saturday Sunday
Time Lost: lBIFull Doy h Day Hours
r- Submitted By: err.: I; % ' p Signature: /
for Engineers Use ', Ph'
Approved 0 Not Approved II- t(c Provide Additional Information dame R. Winton, P. E. Date Conditions did not Prevent Work
Work was in Progress pr. ed Engineer 2 ddlist< Cep rwept
i:\ltakf\A13015jaocuwaltt\.'al JOl 5 OZloweio Od_SDe[ draba\73I61 l-e701J013015II2- WCOtef-Oe1av lOfon(bat Page 1 o11 FILED: DEC 2 0 2016 1. A' w rNMWELL.Cassygr
Gowan m ORDER APPROVING:
AUTHORIZATION FOR THE RECONDITIONING AND RESURFACE OF OLD TEMPLE ROAD:
BIG CREEK CONSTRUCTION, LTD
RE: THE EXTRACO EVENTS CENTER/ MOISTURE INTRUSION REMEDIATION/REPAIRS/ LOW ROOF REPLACEMENT( PROJECT NO. 2013- 015.021
On this the 20 day of December, 2016, came on for consideration the matter Regarding the Extraco Events Center / Moisture Intrusion Remediation/ Repairs / Low Roof Replacement ( Project No. 2013- 015. 02): Big Creek Construction, Ltd: Authorization for the Reconditioning and Resurface of Old Temple Road. After discussion, Commissioner Snell made a motion to approve ( the agreement between Big Creek and the County under Supplemental item B. 2.) and it was seconded by Commissioner Perry. A vote being called for, voting in favor of said motion was Judge Felton, Commissioner Snell, Commissioner Gibson, Commissioner Jones and Commissioner Perry. It is ordered by the Court that said Authorization be, and the same is hereby, approved by unanimous vote. Big Creek Construction, Ltd. P. O. Box 249 Hewitt, TX 76643- 0249 254- 857-3200 FAX 254- 857-4370
December 16, 2016
Steve Hendrick County Engineer McLennan County P. 0 Box 648 Waco, TX 76703
Re: Reconditioning and resurface of Old Temple Road
Per terms of our agreement dated October of 2005 with McLennan County, we are notifying you and requesting permission to make repairs and upgrade the section of Moonlight Drive between our property entrance and Moonlight Drive. We intend to do this work during the week beginning on December 26, 2016 and our work will include milling the existing pavement, adding some additional base material, cement treating the base, seal coat and then an overlay with asphalt paving. We will use standard traffic safety precautions.
Please let us know if there are any objections to our doing this work at this time. We feel there will be a significantly less amount of traffic at this time and would like to complete the work prior to year-end. If available, we would expect the Precinct One Foreman or designee to observe the road work.
i ,, Si r=
9a. /( s H. Wolfe4_ CFO
Cc: Precinct One Foreman
APPROVED BY COMMISSIONERS C9{ JRr THI DAY OF L COUNTY JUDGE
Email address: cwolfe@bigcreekconstruction. com FILED: DEC 20 2Ci0
A ' ANOPWIMWELLMciapunClen Lowy 3vI MPi% KmncPrm The Court went back to Item 0. Work Session. AGENDA: DECEMBER 20, 2016
O. Work Session Items: ( unless otherwise identified above, no action will be taken, but these matters will be discussed):
I. Discussion regarding Criminal Justice Issues: Updates on the Electronic Information Only Monitoring Program/ Coordinating the McLennan County Criminal Justice System/ Criminal Justice Process/ Veterans& Mental Health Courts/ Courthouse Security/ Public Nuisance Reporting& Enforcement Process, related matters
2. Discussion re: Capital Expenditures: including Discussion None Regarding the Time Schedule for Capital Outlay/ Recommendations from the Finance Committee Regarding on the Spending Policy/ Equipment Financing, related matters
3. Discussion re: County Property, including Space Availability& None Utilization of County Buildings/ Law Library, Utilization Planning, Consultant, Joint Facilities Master Plan or Study; Tradinghouse Lake/ Park; ADA Capital Improvements; Surrey Ridge Road, Speegleville Road, and/ or Chapel Road; Themis Statue; Discussion regarding Lincoln City Road Flooding; Roofing Projects for Various County Buildings; County Off-System Bridge Repair/Maintenance, related matters
4. Discussion regarding Texas Department of Transportation: including None Rural/ Public Transportation, related
5. Discussion regarding McLennan County Employee Policy Guide None
6. Discussion regarding Record Retention None
7. Discussion regarding Consolidation ofJustice ofthe Peace None Vita! Statistics Duties
CD-416, 10: 08 INFORMATION ONLY:
WORK SESSION ITEMS( UNLESS OTHERWISE IDENTIFIED ABOVE, NO ACTION WILL BE TAKEN, BUT THESE MATTERS WILL BE DISCUSSED):
DISCUSSION RE: CRIMINAL JUSTICE ISSUES: UPDATES ON THE ELECTRONIC MONITORING PROGRAM/ COORDINATING THE MCLENNAN COUNTY CRIMINAL JUSTICE SYSTEM/ CRIMINAL JUSTICE PROCESS/ VETERANS& MENTAL HEALTH COURTS/ COURTHOUSE SECURITY/ PUBLIC NUISANCE REPORTING& ENFORCEMENT PROCESS, RELATED MATTERS
On this the 20 day of December, 2016, came on for consideration the matter of Work Session Items( unless otherwise identified above, no action will be taken, but these matters will be discussed): Discussion regarding Criminal Justice Issues: Updates on the Electronic Monitoring Program / Coordinating the McLennan County
Criminal Justice System / Criminal Justice Process / Veterans & Mental Health Courts / Courthouse Security /
Public Nuisance Reporting& Enforcement Process, related matters. Report Date: I 12/ 19/ 2016
It 13C9V1,11tl
Mc ennan County EM Office
219 N. 6th St., Ste. 100 Rm. 101
Waco, TX 76701
Email: [email protected]
Phone:( 254) 300-4277, Fax:( 254) 313- 1170
Total Client' s in lieu of Jail: 25
Total Indigent Client' s: 17
Total Double Client's: 14
Client' s: 351
Total Client' s: 365
SCRAM Remote Breath GPS Totals: SCRAM CAM Totals: Totals:
Sheriff•. 25 Sheriff: 0 Sheriff: 1
CSCD: 1 CSCD: 15 CSCD: 23 COB: 16 COB: 4 COB: 0 Felony: 2 Felony: 0 Felony: _ 0 Other: 4 Other: 10 Other: 10 PTIP: 0 PTIP: 3 PTIP: 33 child Support 0 Child Support 0 Volunteer. 1
Total Clients: 48 Total Clients: 32 Total Clients: 68
Soberlink Totals: Drug Patch Totals: UA Totals:
Sheriff: 0 Sheriff: 8 Sheriff: 5 CSCD: 5 _ CSCD: 7 CSCD: 0 COB: 0 COB: 3 COB: 3 Felony: 0 Felony: 0 Felony: 0 Other: 3 Other. 0 Other: 0 PTIP: 2 PTIP: 10 PTIP: 169
Child Support: 0 Chad Support: 0 Child Support: 0
Total Clients: 8 Total Clients: 18 Total Clients: 177
52/ 52 Totals: Hair Testing Totals:
Sheriff: UREF! Sheriff: iiREF!
CSCD: 0 CSCD: 0
COB: 0 COB: 0 Felony: 0 Felony: 0 Other: 0 Other: 0 PTIP: 21 PTIP: 6
Child Suppor 0 Child Suppor 0
Total Clients, 0 Total Clients 0
Judge Totals:( House Arrest Only}
Judge Cates Judge Freeman 23 2 GPS i GPS SCRAM CAM 0 SCRAM CAM 0 SCRAM RB 1- SCRAM RB 0 Soberlink 0 Soberlink 0 Drug Patch 8 Drug Patch 0 UA 5 UA 0
Indigent 16 Indigent 1
Total in lieu of Jail: 23 Total in lieu of Jail: 2 Double: 14 Double: 0 GPS Clients:
win ales:
pk n a Clem to Enronrrlene 51: 4ys 0 rE PO Date: i2P3sg:
Bell, Myra A 2079373450 11/ 18/ 2016 Indigent 1/ 30/ 2017 2/ 5/ 2017
Booker, Manta 0 2079345976 9/ 29/ 2016 Indigent 12/ 26/ 2016 1/ 1/ 2017
Bunten, David L 2079379936 12/ 8/2016 1/ 23/ 2017 1/ 29/ 2017
Dawson, Tony 2079367214 11/ 18/ 2016 12/ 30/ 2016 1/ 3/ 2017 Fisher, Tylarg 2079363600 12/ 16/ 2016 Indigent 2/ 10/ 2017 2/ 18/ 2017 Forward, TyrelN 2079354860 11/ 18/ 2016 Indigent 12/ 29/ 2016 12/ 30( 2016
Frank ir.,Daniel 2079344594 11/ 4/ 2016 Indigent 1/ 11/ 2017 1/ 17/ 2017
Garcia, Joseph P 2079377493 9/ 29/ 2016 UA 12/ 11/ 2016 12/ 17/ 2016
Gamer, Bdltton W 2079380206 12/ 16/ 2016 Indigent 1/ 22/ 2017 1/ 25/ 2017
Gonzales, Laura E 2079335184 12/ 16/ 2016 Indigent Scram RB 11/ 6/ 2017 11/ 12/ 2017
Harris, Henry 2079345524 10/ 28/ 2016 DP 12/ 21/ 2016 12/ 24/ 2016
Hawthorne, Myondra y 2079355962 10/ 27/ 2016 Indigent UA 12/ 23/ 2016 12/ 29/ 2016 Total Clients: 73
Kimbro, MIchael A 2079333093 10/ 13/ 2016 Indigent UA 1/ 9/ 2017 1/ 15/ 2017 oral Indigent. 16
Lewis, Deandrew M 2079344546 12/ 15/ 2016 Indigent uA 2/ 10/ 2017 2/ 16/ 2017
McKinney, Ernest l 2079379926 12/ 8/2016 Indigent 2/ 4/ 2017 2/ 11/ 2017 Melendez, Angel F 2079380162 12/ 15/ 2016 DP 3/ 13/ 2017 3/ 20/ 2017
Pass, Teretha K 2079379005 11/ 10/ 2016 Indigent DP 1/ 3/ 2017 1/ 10/ 2017
Perez, Darrell W 2079348225 11/ 17/ 2016 Indigent DP 1/ 28/ 2017 2/ 4/ 2017 Prince, Jared D 2079376550 9/ 2/ 2016 Indigent DP 12/ 31/ 2016 1/ 7/ 2017
Puente• Esparza, Joel 2079377238 9/ 22/ 2016 UA 12/ 14/ 2016 12/ 20/ 2016 Scott, Winded W 2079379029 11/ 10/ 2016 Indigent DP 2/ 6/ 2017 2/ 12/ 2017
Strahan, lames A 2079379008 11/ 10/ 2016 DP 12/ 23/ 2016 12/ 23/ 2016
Tapete, HectorM 2079331026 10/ 20/ 2016 Indigent DP 1/ 1/ 2017 1/ 7/ 2017
edge Freeman:
MODE akmt ro t. Enrollment ga1PE EElI Br2rIl atlart PG Dates 142B1it: .:
Kendrick, Anthony W 2079379096 11/ 14/ 2016 1/ 25/ 2017 1/ 31/ 2017
Smith, Kaneesha1 2079344065 11/ 18/ 2016 Indigent 1/ 31/ 2017 2/ 9/ 2017 lTtnal Diems:
TObl Indigent 1
Other Clients:
Fe,IDm:
Clients: Cleat 10 a: fnronment ; tatrut: Extra: SpeclBcetlont PO Date: 10 Date: Barnett, Denny H 2079367661 1/ 13/ 2016 Indigent Scram CAM Total Clients: 2 Taylor, ladadus K 2079378530 10/ 28/ 2016 Indigent 1/ 23/ 2017 1/ 23/ 2017 Total Indigent: 2
Condition of Bond:
NO Payout/ Layout Dates•• hdK!• , PQ: O nib CIkn11D a: E00290lint Stagg gala S., dtL L4 E PC Dete: a
Afana, Tiara R 2079370556 3/ 29/ 2016
Campbell, Shemlah 2079375382 7/ 29/ 2016
Davis, Michael J 2079362041 8/ 14/ 2015 Indigent
Farber, Gage M 2079369826 3/ 8/ 2016 Mid-Level otal Clients: 16 Guajardo, luanIt 2079347809 8/ 11/ 2014 Mid-Level ITT. Indigent: 3 Martinez, David R 2079359018 6/ 1/ 2015 Mld-Level
Miller, Kevin W 2079378993 11/ 10/ 2016 DP Mitchell, Marshall 2079359287 6/ 6/ 2015 Mid-Level Padilla, Adam R 2079368063 6/ 10/ 2016
Rudolph, James 2079359670 6/ 15/ 2015
Smith, Kyle 2079359798 6/ 17/ 2015 Midlevel
Spencer. Scottie 2079371847 4/ 29/ 2016 Stone, Raven 2079361215 7/24/ 2015 Mid- Level
Tunas, Ovldiu 2079357373 5/ 22/ 2015
Wharton, Derrick C 2079343757 6/ 10/ 2016 Indigent DP
Williams, Kelthen 2079362727 9/ 3/ 2015 Indigent Mid- Level
No Pavout/ lavout Dates** ami PO:
Nelson, Joym l 2079344370 11/ 19/ 2015 ITotal Clients: 1
otal Indigent 0
Out of State: No Payout/ Layout Dates" halve: PO:
Total Clients: 4
Deloen, Raul 2079376799 9/ 12/ 2116 Bell County Total Indigent: D
Jacoby, Mary E 2079376004 8/ 18/2016 Limestone County Longoria, Andrew.' 2079364498 10/ 19/ 2015 Bell County Ricca, George R 2079378757 11/ 3/ 2016 Bell County
1Jd Holmes: NO Pavold/ Lavout Dates:• Sim PO:
Grand Total Clients 48 SCRAM Clients:
Sheriff:
1udg4Cates:
Meatli o'Intent IN[ Ears; ses4 110951 31t1t SO Gni
Gonzales, Laura 1 2079335184 12/ 16/ 2016 Indigent scram R8 11/ 6/ 2017 11/ 12/ 2017
Total Client: 1 Total Indigent 1
Total SCRAM CAM 0
Total RB 1
btdRe Fr non:
BSSR9; IBBIRMmD Ft3Bz FIVE P9aat.t I1/_Wf& Tot Client: 0 Total Indigent 0 Total SCRAM CAM 0
Total RB 0
Other Clients:
p Enrolanent I sots I ' Pffi: soednotlsrrtt nom% I 10031%
Barnett, Denny 11 2079367661 1/ 13/ 2016 Indigent Scram GM Mclennan County
Bernal, Leroy M 2079373890 6/ 16/ 2016 Scram RB Mclennan County Total Clients: 11
Daniel, Mary E 2079378502 10/ 27/ 1016 Scram CAM Travis County Total Indigent 1
Gonzalez, Juan) 2079377831 10/ 10/ 1016 Scram RB Travis County Total SCRAM CAM 10 gordes, Wesley 2079341115 12/ 9/ 2016 Scram CAM Bell County Total RB 2
Llnyard, Tyler 1.1 2079378961 11/ 9/ 2016 Scram CAM Travh County
Macrmea, Brian 0 A2079362527 6/ 29/ 2016 Scram CAM Collie County
Mlikr, Gary L 2079361577 2/ 20/ 2016 Scram CAM Freestone County
Patel. NavaitlaiB 2079376205 8/ 24/ 2016 Scram GM Bell Gamy
Robb, Jonathan W 2079361940 8/ 13/ 2015 Scram CAM Henderson County
Rodriguez, Ronald V 2079349846 11/ 8/ 2016 Scram GM fats County
Settle, Donald W 207937 2985 5/ 26/ 2016 Scram CAM California County
CAM I RB
CSCD: sem CSCD:
Allen, Martin R 2079379087 11/ 14/ 2016 Anzuaida, Matthew 1 2079342180 5/ 18/ 2016
Bush, Bryan p 2079379994 11/ 22/ 2016 Baker, David W 2079373362 7/ 27/ 2016 CAM:CSCD Chavez, Anthony A 2079368965 8/ 22/ 2016 Bloom, Brandi 2079350888 1/ 14/ 2015 Total( Rents: 15 Clifton, Christopher 5 2079349526 11/ 21/ 2016 Cruz, lose G 2079367782 3/ 16/ 2016
Cockerham, lack H 2079373734 9/ 20/ 2016 Dunn, Patrick C 2079353858 12/ 11/ 2015
Duarte, Crystal V 2079327934 11/16/ 2016 Fischer, Jeremy S 2079358774_ 9/ 6/2016 jibes, Gary D 2079369217 7/ 27/ 2016 Fitzhugh, Michael L 2079378769 11/ 3/ 2016 Graham, Antwuz D 2079331308 9/ 20/ 2016 Gonzales, GonzaloM 2079378954 11/ 9/ 2016 R& CSCD
Lewis, GradyF 2079376481 9/ 1/ 2016 Harris, lames 2079365748 2/ 3/ 2016 ! Total Clients: 23
Maws. Keith 2079351230 3/ 17/ 2015 Hernandez, Jacobo 2079379734 12/ 2/ 2016
Nelson, loyce 1 2079344370 11/ 19/ 2015 Hoofer, William T 2079362831 11/ 17/ 1016
Olguin, Juan l 2079369454 4/ 6/ 2016 leho, Justin W 2079365334 10/ 14/ 2016 Ruff, Nicholas H 2079378810 11/ 4/ 2016 Leon-Servin, Roberto 2079350859 9/ 6/ 2016 Schwartze, Jeffrey M 2079365258 10/ 31/ 2016 Lindeman, Gary.' 2079377598 10/ 3/ 2016 Wilder, Scott F 2079378200 10/ 19/ 2016 Longoria Jr., Guadalupe 2079350979 9/ 23/ 2016 McGregor, Donald P 2079356755 10/ 10/ 2016 McVan, Brian 2079359118 3/ 23/ 2016 Perez, German 2079372935 12/ 2/ 2016 Sanchez, Ricardo A 2079368047 1/ 25/ 2016
Slgut, Sierra N 2079354366 4/ 4/ 2016
Studer, Richard 1 2079356349 7/ 7/ 2015 Thigpen, Michael 2079343692 2/ 2/ 2015
Vana, Scott A 2079371786 11/ 14/ 2016
COB:
4 Enrollment' Baal an: SpedBatbrrs LOW& I gt CAM:COB
Brown, Travis l 2079375269 7/ 27/ 2016 Scram CAM Total bleats: 4
Richardson, RicohR 2079378526 10/ 28/ 2016 Scram CAM
Ward, Jere! W 2079377778 10/ 7/ 2016 Scram AB W000dllH, Blake 2079343836 12/ 13/ 2016 Scram CAM
ITotal SCRAM CAM 3 hotel RB 1
Grand Total R8: 27
Grand Total SCRAM CAM: 32 Grand Total Clients 55 Soberlink Clients:
Sheriff:
Judge Cates:
Bents: Lm rerm 5MBIE ffi221e Totalsoberlina 0
Judge Freeman:
Qlgng Emdlmme bNs Fslra: 5MAgaegE PO Date: W Date: total Soberlink: 0
Other Clients:
aft& Enrollment RIM Egai SgSfaatthallE YO Dam tO Dat : Total Soberlink 8
Fiscal, Jose 11655238 3/ 21/ 2016 McLennan Total CSCD 5
Gomez, Pedro 2079352835 2/ 17/ 2015 McLennan Other 3
Guerrero, Jaime 2079351786 9/ 19/ 2016 Johnson Huerta, Alan 2079373563 6/9/ 2016 Travis Lloyd, Raymond C 8209536 3/ 4/ 2016 McLennan Roddy, Billy E 2079350397 6/ 7/ 2016 McLennan Rodriguez Jr., Manuel 2079378301 12/ 2/ 2016 Travis Vannatta, Trey. 1 2079364880 10/ 28/ 2015 Mclennan
Grand Total Clients: 8 Drug Patch Clients: Sheriff:
Jut• Cates: Olents: jnroRmMb Extra: ' PINWORM PD Date: LOi.
Harris, Henry 2079345524 10/ 28/ 2016 Dp 12/ 21/ 2016 12/ 24/ 2016 Iiotal tlkMs: 8 Melendez, Angel F 2079380162 12/ 15/ 2016 DP 3/ 13/ 2017 3/ 20/ 2017 11• otal Indigent: 5 Pass, Teretha K 2079379005 11/ 10/ 2016 Indigent DP 1/ 3/ 2017 1/ 10/ 2017
Perez, Darrell W 2079348225 11/ 17/ 2016 Indigent DP 1/ 28/ 2017 2/ 4/ 2017
Prince, Jared D 2079376550 9/ 2/ 2016 Indigent DP 12/ 31/ 2016 1/ 7/ 2017 Scott, Windell W 2079379029 11/ 10/ 2016 Indigent DP 2/ 6/ 2017 2/ 12/ 2017
Strahan, lames A 2079379008 11/ 10/ 2016 DP 12/ 23/ 2016 12/ 23/ 2016
Topete, Hector M 2079331026 10/ 20/ 2016 Indigent DP 1/ 1/ 2017 1/ 7/ 2017
1 Freeman: 12kVs LessamSDG Seism tam 5ssOftszin Manz SSAart
L11otal Clients: o
otal Indigent: 0
COB Clients:
2771113: Jnrolimellt Sts& F lauua Soedfld done POWs:
Miller, Kevin W 2079378993 11/ 10/ 2016 DP otal clients: 3 Richardson, Ricoh R 2079378526 10/ 28/ 2016 Scram CAM otal Indigent: I
Wharton, Derrick C 2079343757 6/ 10/ 2016 Indigent DP
Other Clients:
QwErls& Inman= angi [ ant Nag(83 dam 1522= WAIW
Dyer, Colton D 2079378583 10/ 31/ 2016 McLennan
Jaskot, Dawn 2079377478 9/ 29/ 2016 McLennan otal clients: 7 Mellgren III, Walter J 2079348485 10/ 14/ 2016 McLennan tatlndigent: 0
Morris, Dalton F 2079368221 3/ 14/ 2016 McLennan Salhab, Gr Mohammad lA 2079380069 12/ 13/ 2016 McLennan Schafer, Robert I 2079364376 10/ 15/ 2015 McLennan
Summers, Seth L 2079378727 11/ 2/ 2016 McLennan rotaICSCD 7
Grand Total clients: 18 Grand Total Indigent: 6 UA Clients:
Sheriff:
Judge Cates:
Pent$ Enrollment Status: Dana Sadfcatllon£ PO Dalg% ID Date
Garcia, Joseph 2079377493 9/ 29/ 2016 UA 12/ 11/ 2016 12/ 17/ 2016 ' Total Clients: 5 Hawthorne, Myondm Y 2079355962 10/ 27/ 2016 Indigent UA 12/ 23/ 2016 12/ 29/ 2016 hotal Indigent: 3
Kimbro, Michael A 2079333093 10/ 13/ 2016 Indigent UA 1/ 9/ 2017 1/ 15/ 2017
Lewis, Deandrew M 2079344546 12/ 15/ 2016 Indigent UA 2/ 10/ 2017 2/ 16/ 2017 Puente-Esparza, loel 2079377238 9/ 22/ 2016 UA 12/ 14/ 2016 12/ 20/ 2016
Judge Freeman:
L tatM FnTOgmerTt States: Erx Y: 5oeciUwean: PO Date: IDDote; ' Total Clients: 0 Indigent: 0
Other Clients:
tams n n gat 3 Soednadem: PD23t rIToal Clients: 0
tztal Indigent: 0
Total CSCD 0
COB:
Olems: imamsTTt Soedfradons: PO Dsti 1 Date:
otal Clients: 3 Brook, Viindce D 2079369136 2/ 22/ 2016 oral indigent: 0
Chemott, Lee 1 2079373938 6/ 17/ 2016 Simon, Dayla L 2079379728 12/ 2/ 2016
Grand Total Clients: 8 Grand Total Indigent: 3 Double Clients: Sheriff:
Ate Cages:
Prat yrro0mentl 2113it POE Soes! ROAM= e0 Date; W Date:
Garcia, Joseph P 2079377493 9/ 29/ 2016 UA 12/ 11/ 2016 12/ 17/ 2016 , Total Clients: 14
Gonzales, Laura E 2079335184 12/ 16/ 2016 Indigent Scam RB 11/ 6/ 2017 11/ 12/ 2017 otal Indigent 9
Harris, Henry 2079345524 10/ 28/ 2016 OP 12/ 21/ 2016 12/ 24/ 2016 Hawthorne, Myondra Y 2079355962 10/ 27/ 2016 Indigent UA 12/ 23/ 2016 12/ 29/ 2016
Kimbro, Michael A 2079333093 10/ 13/ 2016 Indigent UA 1/ 9/ 2017 1/ 15/ 2017
Lewis, Deandrew M 2079344546 12/ 15/ 2016 Indigent UA 2/ 10/ 2017 2/ 16/ 2017
Mekndet, Angel 2079380162 12/ 15/ 2016 OP 3/ 13/ 2017 3/ 20/ 2017
Pass, Teretha K 2079379005 11/ 10/ 2016 Indigent DP 1/ 3/ 2017 1/ 10/ 2017
Perez, Darrell W 2079348225 11/ 17/ 2016 Indigent DP 1/ 28/ 2017 2/ 4/ 2017
Prince, Jared 0 2079376550 9/ 2/ 2016 Indigent DP 12/ 31/ 2016 1/ 7/ 2017
Puente- Esparza, Joel 2079377238 9/ 22/ 2016 UA 12/ 14/ 2016 12/ 20/ 2016
Scott, Wlndell W 2079379029 11/ 10/ 2016 Indigent DP 2/ 6/ 2017 2/ 12/ 2017
Strahan, lames 2079379008 11/ 10/ 2016 DP 12/ 23/ 2016 12/ 23/ 2016
Topete, Hector 2079331026 10/ 20/ 2016 Indigent DP 1/ 1/ 2017 1/ 7/ 2017
Judge Freeman:
12SIOE FnralMent Ittia E>M: 1 152S1111 lallattE IToral Chat: 0 Total Indigent: 0
Other Clients:
Barnett, DennyH 2079367661 1/ 13/ 2016 Indigent Scram CAM otal Clients: 3 Richardson, Ricoh R 2079378526 10/ 28/ 2016 Scram CAM otal Indigent: 2
Wharton, Derrick C 2079343757 6/ 10/ 2016 Indigent DP Pre Trial Intervention Program:
GPS Clients:
SCRAM RB Clients:
Client ID If: Enrollment:
2079365415 11/ 6/ 2015 5/ 4/ 2017
2079378257 10/ 20/ 2016 10/ 20/ 2017
2079369485 3/ 1/ 2016 3/ 1/ 2017
2079375137 7/ 22/ 2016 7/ 22/ 2017
2079379753 12/ 2/ 2016 ETG Hair Testing Every 90 days starting at 12/ 2/ 2017
2079369692 3/ 4/ 2016 3/ 4/ 2017 Total Clients: 33
2079368241 1/ 28/ 2016 1/ 28/ 2017
2079368394 2/ 2/ 2016 2/ 2/ 2017
2079376803 9/ 12/ 2016 6/ 12/ 2017
2079371039 4/ 11/ 2016 4/ 11/ 2017
2079375282 7/ 27/ 2016 7/ 27/ 2017
2079367311 1/ 4/ 2016 1/ 4/ 2017
2079367536 1/ 11/ 2016 UA lx a Month for 24 M 1/ 11/ 2017
2079376368 8/ 29/ 2016 8/ 29/ 2017
2079370239 3/ 21/ 2016 3/ 21/ 2017
2079367635 1/ 13/ 2016 1/ 13/ 2017
2079370012 3/ 14/ 2016 3/ 14/ 2017
2079376922 9/ 15/ 2016 6/ 15/ 2017
2079378913 11/ 8/ 2016 11/ 8/ 2017
2079380124 12/ 14/ 2016 6/ 14/ 2017
2079366062 11/ 24/ 2015 2/ 24/ 2017
2079374755 7/ 12/ 2016 1/ 12/ 2017
2079370817 4/ 5/ 2016 4/ 5/ 2017
2079365950 11/ 20/ 2015 5/ 20/ 2017
2079378205 10/ 19/ 2016 ETG Hair Testing after 6 10/ 19/ 2017
2079366936 12/ 18/ 2015 12/ 18/ 2016
2079371121 4/ 13/ 2016 4/ 13/ 2017
2079378185 10/ 19/ 2016 1/ 19/ 2018
2079367805 1/ 19/ 2016 1/ 19/ 2017
2079370698 4/ 1/ 2016 4/ 1/ 2017
2079366777 12/ 15/ 2015 3/ 15/ 2017
2079375328 7/ 28/ 2016 10/ 28/ 2017
2079373812 6/ 15/ 2016 6/ 15/ 2017 SCRAM CAM Clients:
Otent ID fl: Enrollment:
2079369239 4/ 18/ 2016 2/ 24/ 2017 Total Clients: 3
2079368073 1/ 25/ 2016 1/ 25/ 2017
2079370216 3/ 18/ 2016 9/ 15/ 2017
i
SCRAM 52/ 52 Clients:
Client1DM Enrollment:
2079376769 9/ 9/ 2016 Scram RB 9/ 9/ 2017 Total Clients: 21
2079378208 10/ 19/ 2016 Scram CAM 10/ 19/ 2017
2079373156 6/ 1/ 2016 Scram RB 6/ 1/ 2017 Total Scram CAM: 8
2079370924 4/ 7/ 2016 Scram RB 4/ 7/ 2017 Total Scram RB: 13
2079378972 11/ 9/ 2016 Scram CAM 11/ 9/ 2017
2079376775 9/ 9/ 2016 Scram RB 9/ 9/ 2017
2079376949 9/ 15/ 2016 Scram CAM 9/ 15/ 2017
2079369450 11/ 16/ 2016 Scram CAM 11/ 16/ 2017
2079374778 7/ 12/ 2016 Scram RB 7/ 12/ 2017
2079376362 8/ 29/ 2016 Scram CAM 8/ 29/ 2017
2079371308 4/ 18/ 2016 Scram RB 4/ 18/ 2017
2079367503 5/ 20/ 2016 Scram RB 5/ 20/ 2017
2079374654 7/ 8/ 2016 Scram RB 7/ 8/ 2017
2079375954 8/ 16/ 2016 Scram RB 8/ 16/ 2017
2079375576 8/ 4/ 2016 Scram RB 8/ 4/ 2017
2079374614 7/ 7/ 2016 Scram RB 7/ 7/ 2017
2079379959 12/ 9/ 2016 UA Randor Scram CAM 12/ 9/ 2017
2079372166 5/ 9/ 2016 Scram RB 5/ 9/ 2017
2079374051 6/ 21/ 2016 Scram RB 6/ 21/ 2017
2079379396 11/ 21/ 2016 Scram CAM 11/ 21/ 2017
2079377839 10/ 10/ 2016 Scram CAM 10/ 10/ 2017
DP Clients:
Client ID It Enrollment:
2079378358 10/ 24/ 2016 DP 1st 30 Days- UA lx a 10/ 24/ 2017 Total Clients: 10 2079373948 6/ 17/ 2016 DP 1st 30 Day- 6/ 17/ 2018
2079373874 6/ 16/ 2016 DP 90 days- UA 2x a Mo 6/ 16/ 2018
2079373860 8/ 26/ 2016 DP for 60 Days- UA 2x a 6/ 16/ 2018
2079377826 10/ 10/ 2016 DP 1st 60 Days- UA 3x N 10/ 10/ 2018 2079378290 10/ 21/ 2016 DP 1st 60 Days- UA 3x N 10/ 21/ 2018
2079364404 12/ 18/ 2015 DP 1st 30 days- UA/ DP F 12/ 18/ 2017
2079378818 11/ 4/ 2016 DP 1st 30 Days- Random 2/ 4/ 2018
2079372806 7/ 28/ 2016 DP 1st 90 Days- Random 7/ 28/ 2018
2079380223 12/ 16/ 2016 DP 1st 30 Days- UA lx a 3/ 16/ 2018
Hair Testing Clients:
Client ID lt: Enrollment: r Total Clients: 6
2079368155 1/ 26/ 2016 7/ 26/ 2018
2079373766 6/ 14/ 2016 DP 90 Days- Hair Testing 6/ 14/ 2018
2079378167 10/ 21/ 2016 ETG Hair Testing full Ter 4/ 18/ 2018
2079378205 10/ 19/ 2016 ETG Hair Testing after 6 10/ 19/ 2017
2079373936 8/ 9/ 2016 Hair Testing every 90 da 8/ 9/ 2018
2079358098 12/ 4/ 2015 ETG Hair Testing full Ter 5/ 7/ 2017
Soberlink Clients:
Client ID In Enrollment:
Total Clients: 2
2079372097 5/ 6/ 2016 5/ 6/ 2017
2079369305 2/ 25/ 2016 2/ 25/ 2017
UA Clients:
Client ID SR Enrollment:
2079377291 9/ 23/ 2016 Random UA 9/ 23/ 2017 Total Clients: 169
2079379228 11/ 16/ 2016 Random 11/ 16/ 2017
2079367420 1/ 7/ 2016 lx a Month 1/ 7/ 2017
2079378448 10/ 26/ 2016 lx a Month 10/ 26/ 2017
2079379377 11/ 21/ 2016 lx a Month 11/ 21/ 2017
2079368623 2/ 8/ 2015 Random UA 2/ 8/ 2017
2079376490 9/ 1/ 2016 lx a Month 9/ 1/ 2017
2079379924 12/ 8/ 2016 Random 12/ 8/ 2017
2079372449 5/ 16/ 2016 DP 1st 90 Days- Weekly 5/ 16/ 2018
2079367853 1/ 20/ 2016 1xa Month 1/ 20/ 2017
2079375918 9/ 16/ 2016 Random 9/ 16/ 2018
2079378725 11/ 2/ 2016 24 a Month 11/ 2/ 2017
2079378548 10/ 28/ 2016 Random UA 10/ 28/ 2017
2079367814 1/ 19/ 2016 lxa Month 1/ 19/ 2017 2079368390 2/ 2/ 2016 2x a Week for 60 Days-, 8/ 2/ 2017
2079376894 9/ 14/ 2016 lx a Month 9/ 14/ 2017
2079366716 12/ 14/ 2015 1x Month 6/ 14/ 2017
2079374057 6/ 21/ 2016 1x Month 12/ 21/ 2017
2079362701 9/ 1/ 2015 lx a Month 3/ 1/ 2017
2079375313 7/ 28/ 2016 lxa Month 7/ 28/ 2017
2079370497 3/ 28/ 2016 lx a Month 3/ 28/ 2017
2079371144 4/ 13/ 2016 1x Month 10/ 13/ 2017
2079361691 8/ 6/ 2015 2x- 6 Months- lx- Remai 2/ 7/ 2017
2079379476 11/ 23/ 2016 ixa Month 11/ 21/ 2017
2079370643 3/ 31/ 2016 DP 60 days- UA 2x a Mo 3/ 31/ 2018
2079360380 7/ 2/ 2015 2x- 6 Months- lx- Remai 1/ 2/ 2017
2079372877 5/ 24/ 2016 lx a Month 5/ 24/ 2017
2079376044 8/ 18/ 2016 lx a Month 8/ 18/ 2017
2079377672 10/ 4/ 2016 lx a Month 10/ 4/ 2017
2079375196 7/ 25/ 2016 lx a Month 10/ 25/ 2017
2079372622 5/ 18/ 2016 DP 1st 30 Days- Random 5/ 18/ 2018
2079351959 11/ 21/ 2014 lx a Month 11/ 21/ 2016
2079375639 8/ 5/ 2016 lx a Month 8/ 5/ 2017
2079369301 2/ 25/ 2016 lx a Month 2/ 25/ 2018
2079375740 8/ 9/ 2016 lx a Month 5/ 9/ 2017
2079369800 3/ 8/ 2016 lxa Month 3/ 8/ 2017
2079371817 6/ 10/ 2016 DP 1st 90 days- Random 6/ 10/ 2018
2079373975 6/ 20/ 2016 lx a Month 6/ 20/ 2018
2079379746 12/ 2/ 2016 lx Month 12/ 2/ 2018
2079363696 9/ 28/ 2015 lx Month 9/ 28/ 2017
2079379842 12/ 6/ 2016 lx a Month 12/ 6/ 2017
2079374458 7/ 1/ 2016 Random UA 7/ 1/ 2018
2079378658 11/ 1/ 2016 lxa Month 11/ 1/ 2017
2079367536 1/ 11/ 2016 lx a Month 1/ 11/ 2018
2079376932 9/ 15/ 2016 lx a Month 12/ 15/ 2017
2079378383 10/ 25/ 2016 Random UA 3x a Month 10/ 25/ 2017
2079366783 6/ 17/ 2016 DP 1st 90 days- UA lx a 6/ 17/ 2018
2079373854 6/ 16/ 2016 In Month 6/ 16/ 2017
2079372970 5/ 26/ 2016 Ix a Month 11/ 26/ 2017
2079373948 6/ 17/ 2016 DP 1st 30 Day- 6/ 17/ 2018
2079352456 10/ 19/ 2015 lx a Month 10/ 19/ 2017
2079369844 3/ 9/ 2016 lx a Month 3/ 9/ 2017
2079377391 9/ 27/ 2016 DP 1st 30 Days- UA lx N 12/ 27/ 2017
2079374178 6/ 24/ 2016 DP 1st 90 Days- UA Wee 6/ 24/ 2018
2079366727 12/ 14/ 2015 2x a Month 12/ 14/ 2017
2079367590 1/ 13/ 2016 lx a Month 1/ 13/ 2018 2079373860 8/ 26/ 2016 DP for 60 Days- UA 2x a 6/ 16/ 2018
2079376259 8/ 25/ 2016 lx a Month 8/ 25/ 2017
2079367128 12/ 23/ 2015 DP lx- UA lx Month Re 12/ 23/ 2017
2079358604 5/ 20/ 2015 ixa Month 5/ 20/ 2017
2079364844 10/ 27/ 2015 2x- 6mths, lx- 6mths 4/ 27/ 2017
2079377826 10/ 10/ 2016 DP 1st 60 Days- UA 3x Iv 10/ 10/ 2018
2079376956 9/ 15/ 2016 lx a Month 3/ 15/ 2018
2079367793 1/ 19/ 2016 lx a Month 4/ 19/ 2017
2079357584 4/ 23/ 2015 2x a Month for 12 Mths 4/ 23/ 2017
2079357981 5/ 5/ 2015 2xa Month 5/ 5/ 2017
2079374005 6/ 20/ 2016 DP 1st 60 Days- UA 2x N 12/ 20/ 2017
2079374058 6/ 21/ 2016 Random 6/ 21/ 2017
2079379187 11/ 15/ 2016 ixa Month+ K2 Testing 11/ 15/ 2017
2079377260 9/ 23/ 2016 DP 1st 30 Days- UA 2x a 9/ 23/ 2018
2079357699 1/ 26/ 2016 2x a Month 1/ 26/ 2018
2079376922 9/ 15/ 2016 lx a Month 12/ 14/ 2017
2079376839 9/ 13/ 2016 lx a Month 3/ 13/ 2018
2079366433 1/ 13/ 2016 2x a Month 1/ 13/ 2018
2079379718 12/ 2/ 2016 lx a Month 3/ 2/ 2018
2079376607 9/ 6/ 2016 1 X a Month 12/ 9/ 2017
2079367444 1/ 7/ 2016 lx a Month 1/ 7/ 2017
2079379800 12/ 5/ 2016 ixa Month 12/ 5/ 2017
2079376143 8/ 22/ 2016 1xa Month 11/ 22/ 2017
2079366047 11/ 23/ 2015 ixa Month 11/ 23/ 2017
2079362958 9/ 8/ 2015 2xa Month 9/ 8/ 2017
2079371947 5/ 3/ 2016 lxa Month 5/ 3/ 2017
2079379391 11/ 21/ 2016 Random 11/ 21/ 2017
2079369098 2/ 19/ 2016 lx Month 2/ 19/ 2017
2079372263 5/ 10/ 2016 lx a Month 5/ 10/ 2017
2079380130 12/ 14/ 2016 Random 12/ 14/ 2017
2079371856 4/ 29/ 2016 lx a Month 4/ 29/ 2017
2079370919 4/ 7/ 2016 1xa Month 4/ 7/ 2017
2079368793 2/ 12/ 2016 DP 1st 10 day- 2x a Morn 2/ 12/ 2017
2079374366 6/ 29/ 2016 ixa Month 6/ 29/ 2017
2079378555 10/ 28/ 2016 lx a Month 10/ 28/ 2017
2079362777 9/ 2/ 2015 lx a Month 9/ 2/ 2017
2079374993 7/ 19/ 2016 lx a Month 7/ 19/ 2017
2079379547 11/ 28/ 2016 lx a Month 11/ 28/ 2017
2079368295 1/ 29/ 2016 Random UA 1/ 29/ 2018
2079377030 9/ 19/ 2016 lx a Month 9/ 19/ 2018
2079364404 12/ 18/ 2015 DP 1st 30 days- UA/ DP F 12/ 18/ 2017
2079372728 5/ 20/ 2016 Random UA 5/ 20/ 2018
2079377770 10/ 7/ 2016 Random 10/ 7/ 2018
2079378818 11/ 4/ 2016 DP 1st 30 Days- Random 2/ 4/ 2018 2079377620 10/ 3/ 2016 Ixa Month 10/ 3/ 2017
2079374056 6/ 21/ 2016 lxa Month 6/ 21/ 2018
2079378548 10/ 28/ 2016 Random 10/ 28/ 2017
2079379575 12/ 2/ 2016 Random 5/ 29/ 2018
2079379381 11/ 21/ 2016 lxa Month 11/ 21/ 2017
2079376265 8/ 25/ 2016 lx a Month 2/ 25/ 2018
2079376998 9/ 16/ 2016 lxa Month 9/ 16/ 2017
2079377903 10/ 11/ 2016 lxa Month 10/ 11/ 2017
2079374706 7/ 11/ 2016 1xa Month 7/ 11/ 2017
2079370991 4/ 8/ 2016 2x a Month for 90 days, 10/ 8/ 2017
2079378052 10/ 14/ 2016 1xa Month 10/ 14/ 2017
2079377110 9/ 20/ 2016 Random UA 9/ 20/ 2017
2079373485 6/ 8/ 2016 1xa Month 6/ 8/ 2017
2079379865 12/ 7/ 2016 1xa Month 3/ 7/ 2018
2079366305 12/ 2/ 2015 1xa Month 12/ 2/ 2016
2079377027 9/ 19/ 2016 lx a Month- Subject to 9/ 19/ 2017
2079362702 9/ 1/ 2015 1xa Month 3/ 1/ 2017
2079369236 2/ 24/ 2016 DP 90 days- UA lx a Mo 2/ 24/ 2017
2079377169 9/ 21/ 2016 lxa Month 9/ 21/ 2017
2079376621 9/ 6/ 2016 Random 9/ 6/ 2018
2079359935 6/ 22/ 2015 lx a Month for 18 Mont 12/ 22/ 2016
2079370791 4/ 4/ 2016 Ua lx a Month for 15 M 7/ 4/ 2017
2079374627 7/ 7/ 2016 DP 1st 30 Days- Subject 7/ 7/ 2018
2079370468 3/ 28/ 2016 lx a Month+ 1 Random 3/ 28/ 2017
2079379745 12/ 2/ 2016 lx a Month 12/ 2/ 2017
2079368476 2/ 4/ 2016 lx a Month 2/ 4/ 2017
2079364885 10/ 28/ 2015 2x a Month 1/ 28/ 2017
2079374658 7/ 7/ 2016 1xa Month 10/ 7/ 2017
2079378020 10/ 14/ 2016 lxa Month 10/ 14/ 2017
2079362951 9/ 8/ 2015 lxa Month 3/ 8/ 2017
2079377130 9/ 21/ 2016 lx a Month 3/ 21/ 2018
2079378039 10/ 14/ 2016 lxa Month 4/ 14/ 2018
2079377639 10/ 4/ 2016 lx a Month 10/ 4/ 2018
2079379959 12/ 9/ 2016 Scram CAM& UA Randor 12/ 9/ 2017
2079375167 7/ 25/ 2016 lxa Month 7/ 25/ 2017
2079374374 6/ 29/ 2016 lx a Month 6/ 29/ 2017
2079372806 7/ 28/ 2016 DP 1st 90 Days- Randorr 7/ 28/ 2018
2079375526 8/ 3/ 2016 DP 1st 30 Days- UA 2x a 8/ 3/ 2018
2079371852 4/ 29/ 2016 lx a Month 4/ 29/ 2017
2079379731 12/ 2/ 2016 Random 12/ 2/ 2018
2079380223 12/ 16/ 2016 DP 1st 30 Days- UA lx a 3/ 16/ 2018
2079375193 7/ 25/ 2016 lxa Month 7/ 26/ 2017
2079374801 7/ 13/ 2016 lxa Month 1/ 13/ 2018
2079372823 5/ 23/ 2016 lxa Month 5/ 23/ 2017
2079371845 4/ 29/ 2016 1xa Month 4/ 29/ 2017
2079374581 7/ 6/ 2016 IXa Month 7/ 6/ 2017
2079372251 5/ 10/ 2016 lx a Month 11/ 10/ 2017 2079372744 5/ 20/ 2016 lx a Month 5/ 20/ 2018
2079361949 8/ 13/ 2015 lx a Month for 24 Mont 8/ 13/ 2017
2079374481 7/ 15/ 2016 1x a Month 7/ 15/ 2017
2079369247 2/ 24/ 2016 lx a Month 5/ 24/ 2017
2079374559 7/ 6/ 2016 Random 7/ 6/ 2017
2079376026 8/ 18/ 2016 Random UA 8/ 18/ 2017
2079379720 12/ 2/ 2016 lx a Month 3/ 2/ 2018
2079377083 9/ 20/ 2016 lxa Month 9/ 20/ 2017
2079368713 2/ 10/ 2016 DP 90 days- UA 2x a Mo 2/ 10/ 2018
2079358607 5/ 20/ 2015 2x- 6 Months- lx- Remai 5/ 20/ 2017
2079380192 12/ 15/ 2016 lx a Month 6/ 14/ 2017
2079367121 12/ 23/ 2015 lx a Month 12/ 23/ 2016
2079376479 9/ 1/ 2016 Random UA 9/ 1/ 2017
2079359325 6/ 8/ 2015 DP for 30 Days- UA 2x a 6/ 8/ 2017
2079373090 5/ 31/ 2016 1xa Month 5/ 31/ 2017
2079371844 4/ 26/ 2016 lx a Month 4/ 26/ 2018
2079375029 7/ 20/ 2016 lx a Month 1/ 20/ 2018
2079377168 9/ 21/ 2016 Random 9/ 21/ 2018
2079377779 10/ 7/ 2016 lx a Month 10/ 7/ 2017
2079377901 10/ 11/ 2016 lx a Month 10/ 11/ 2017
2079378201 10/ 19/ 2016 lx a Month 10/ 19/ 2017
2079371425 4/ 21/ 2016 DP 1st 30 Days- UA Wee 4/ 21/ 2018 Other Clients:
RB
Stringer, Arthur C 2079372656 5/ 19/ 2016 Total Scram RB Client: 1
Scram CAM:
Total Scram CAM Client: 0
SoberLink:
Drug Patch:
Total Clients: 1
FILED: DEC 2 0 2016
A' ANWHARWELL, CpnAy( X„^r, McLennan Coalty.Tees 3y tfi wl,rGovan om ORDER RECESSING SPECIAL SESSION
On this the 20 day of December, 2016, at 10: 09 o' clock a. m., County Judge Scott Felton announced that this meeting of December 20, 2016 stands in recess for five minutes.
ORDER RECONVENING SPECIAL SESSION
On this the 20 day of December, 2016, at 10: 16 o' clock a. m. the Court reconvened in Special Session with County Judge Scott M. Felton presiding and Commissioners Kelly Snell, Lester Gibson, Will Jones, Ben Perry and the Clerk thereof being in attendance, the following proceedings were had and done to-wit:
ORDER RECESSING TO EXECUTIVE SESSION
On this the 20 day of December, 2016, at 10: 16 o' clock a. m. the County Judge announced that at this time we will go into Executive Session in accordance with Section 551. 074 of the Local
Government Code( V.C. T.A.)
ORDER RECONVENING SPECIAL SESSION
On this the 20 day of December, 2016, at 10: 40 o' clock a. m. the Court reconvened in Special Session with County Judge Scott M. Felton presiding and Commissioners Kelly Snell, Lester Gibson, Will Jones, Ben Perry and the Clerk thereof being in attendance, the following proceedings were had and done to-wit: The Court went back to item E. 3. a. County Engineer: Discussion and/ or Action re: Replacement of County Engineer including, but not limited to, Replacement Process; Review/ Action on Resumes/ Applications; and related authorizations as necessary. ORDER APPROVING:
HUMAN RESOURCES/ SALARY MATTERS:
ACTION RE: REPLACEMENT OF COUNTY ENGINEER INCLUDING, BUT NOT LIMITED TO, REPLACEMENT PROCESS; REVIEW/ ACTION ON RESUMES/APPLICATIONS; AND RELATED AUTHORIZATIONS AS NECESSARY:
COUNTY ENGINEER
On this the 20 day of December 2016, came on for consideration the matter of Human Resources/ Salary Matters: County Engineer: County Engineer: Discussion and/ or Action regarding Replacement of County Engineer including, but not limited to, Replacement Process; Review/Action on Resumes/ Applications; and related authorizations as necessary. After discussion, Commissioner Jones made a motion to appoint Luke Lammed as interim County Engineer and it was seconded by Commissioner Perry. A vote being called for, voting in favor of said motion was Judge Felton, Commissioner Snell, Commissioner Gibson, Commissioner Jones and Commissioner Perry. It is ordered by the Court that said Authorization be, and the same is hereby, approved by unanimous vote. The Court went back to item E. 3. b. County Court @ Law: Discussion and/ or Action on Appointment of Judge including, but not limited to, Appointment Process, Review/ Action on Resumes/ Applications, Acceptance of Bond/ Oath Documents, related authorizations as necessary. ORDER APPROVING:
HUMAN RESOURCES/ SALARY MATTERS:
ACTION ON APPOINTMENT OF JUDGE INCLUDING, BUT NOT LIMITED TO, APPOINTMENT PROCESS, REVIEW/ACTION ON RESUMES/ APPLICATIONS, ACCEPTANCE OF BOND/OATH DOCUMENTS, RELATED AUTHORIZATIONS AS NECESSARY:
COUNTY COURT 4 LAW
On this the 20 day of December, 2016, came on for consideration the matter of Human Resources/ Salary Matters: County Court @ Law: Discussion and/ or Action on Appointment of Judge including, but not limited to, Appointment Process, Review/ Action on Resumes/ Applications, Acceptance of Bond/ Oath
Documents, related authorizations as necessary. After discussion, Judge Felton made a motion to approve the appointment process of the County Court @ Law Judge) and it was seconded by Commissioner Perry. A vote being called for, voting in favor of said motion was Judge Felton, Commissioner Snell, Commissioner Gibson, Commissioner Jones and Commissioner Perry. It is ordered by the Court that said
Authorization be, and the same is hereby, approved by unanimous vote. ORDER ADJOURNING SPECIAL SESSION
On this the 20 day of December, 2016, at 10: 43 o' clock a. m. County Judge Scott M. Felton announced that the meeting of December 20, 2016 is adjourned. ITEMS DEFERRED, AGENDA, DECEMBER 20, 2016
On this the 20 day of December, 2016, upon motion made, seconded and duly passed by unanimous or majority vote, it is ordered by the. Court that the following Items on the Agenda for December 20, 2016, be, and the same are hereby, deferred:
F. Budget, Budget Amendments/Transfers/ Changes, Additional Revenue Certifications, Expenditure Requests:
2. Regarding the FY 17 Budget:
g. Debt Service Payments/ Capital Outlay
G. Bids, RFP' s, RFQ' s, Quotations for Goods and Services:
I. Recommendation regarding Bid 16- 019: Blue Bluff Road Bridge Damage Repair
M. Additional Items (If Any) for Discussion and Potential Action:
4. Discussion and/ or Action regarding the 2017 Community Legislative Priorities APPROVAL OF MINUTES
The above and foregoing minutes having been read in open Court and found to be correct, the same are hereby, approved this the day of
2016.
Kelly Snell, Lester Gibson, Commissioner Precinct 1 Commissioner Precinct 2
Will Jones, Ben Perry, Commissioner Precinct 3 Commissioner Precinct 4
Scott M. Felton, County Judge
ATTEST: J. A. " Andy" Harwell, McLennan County Clerk
By Deputy County Clerk
Myrce' tez Gowan