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2005-11-28 Special November Term Held November 28, 2005 THE STATE OF TEXAS e COUNTY OF CALHOUN !i !i !i BE IT REMEMBERED, that on this 28th day of November, A.D., 2005 there was begun and holden in the Commissioners' Courtroom in the Memorial Medical Plaza In the City of Port Lavaca, said County and State, at 10:00 A.M., a Special Term of the Commissioners' Court within said County and State, and there were present on this date the following members of the Court, to- wit: Michael J, Pfeifer Roger C. Galvan Michael J. Balajka Neil E. Fritsch Kenneth W. Finster Wendy Marvin County Judge Commissioner, Precinct 1 Commissioner, Precinct 2 Commissioner, Precinct 3 Commissioner, Precinct 4 Deputy County Clerk Thereupon the following proceedings were had: Commissioner Galvan gave the Invocation and Commissioner Finster led the Piedge of Allegiance. e APPROVE NEW BID SPECIFICATIONS FOR MEDICAL SERVICES FOR THE CALHOUN COUNTY ADULT DETENTION CENTER FOR THE PERIOD JANUARY 1, 2006 THROUGH DeCEMBER 31, 2006 AND AUTHORIZE THE COUNTY AUDITOR TO ADVERTISE FOR BIDS. SAID BIDS WILL BE DUE. THURSDAY, DECEMBER 15. 2005 AND CONSIDERED FOR AWARD ON THURSDAY. DECEMBER 22.2005: A Motion was made by Judge Pfeifer and seconded by Commissioner Balajka to approve the new bid specifications for Medicai Services for the Calhoun County Adult Detention Center for the period January 1, 2006 through December 31, 2006 and authorize the County Auditor to advertise for bids with the exception of one change to the specifications and that being to take out that the Contract will start from January 13, 2006 and insert upon opening of the Faciiity. Said bids will be due, Thursday December 15, 2005 and considered for award on Thursday December 22, 2005. Commissioners Galvan, Balajka, Fritsch, Finster and Judge Pfeifer all voted in favor. e 0'79 CINDY MUELLER COUNTY AUDITOR, CALHOUN COUNTY COUNTY COURTHOUSE ANNEX - 201 W. AUSTIN PORT LA V ACA, TEXAS 77979 (361) 553-4610 y I MEMORANDUM I TO: SUSAN RILEY COUNTY JUDGE'S OFFICE FROM: AUDITORS OFFICE - PEGGY HALL DATE: November 18,2005 RE: AGENDA ITEMS SPECIAL SESSION MONDAY, NOVEMBER 28, 2005 Susan, AGENDA ITEMS for MONDAY, NOVEMBER 28, 2005 ~ Approve new bid specifications fo. Jj.l;o.".- I. 61.3 1 r Medical Services for the Calhoun County Adult Detention Center for the period January 1, 2006 through December 31, 2006 and authorize the County Auditor to advertise for bids. Said bids will be due, Thursday, December 15, 2005 and considered for award on Thursday, December 22, 2005. 080 e e e e e e lUCY DID, CPA t" ASSISTAHT AUDITOR , m PORT lAVACa; s n9l9 nlEPHONE 136U 553-4610 fAX 136U 553-4614 PEGGY HAll ASSISTAIlT AUDITOII November 28, 2005 Dear Bidder: If submitting a Bid for Medical Services for the Calhoun County Adult Detention Center, the following forms must be completed and returned: (1) 1 Original & 8 Copies ofInvitation To Bid Form - Signed and dated (2) 1 Original & 8 Copies of Page 2 of the General Conditions of Submitting Bids and Specifications for Medical Services with #2A filled in. (3) 2 Originals & 8 Copies of Contract Failure to submit the above information may result in your bid being disqualified. If you have any questions, please contact our office. Thank you, Peggy Hall Assistant Auditor 081 &AUIOUNmINTY, lIXAS'BID SIIID- IMEDlCAL SERVICES I INIIT A liON 10 BID BIDDER BID ITEM IMBJICAL smVlCES ~ PBIIllD mOM: JANUARY 13, 2006 PBIIDD TO: DECEMBER 31, 2006 e YOU ARE INVITED TO SUBMIT A BID ON THE ABOVE ITEM TO: HONORABLE MICHAEL J PFEIFER, CALHOUN COUNTY JUDGE, 211 S ANN ST, PORT LAVACA TX 77979 BIDS SHOULD BE SUBMITTED IN A SEALED ENVELOPE PLAINLY MARKED: SEALED BID-IMEDICAL SERVICES BIDS ARE DUE AND WILL BE PUBLICLY OPENED IN THE COUNTY JUDGE'S OFFICE AT: 10:00 AM, THURSDA Y, DECEMBER 15, 2005 BIDS WILL BE CONSIDERED FOR AWARD AT THE COMMISSIONERS' COURT MEETING ON: THURSDAY, DECEMBER 22. 2005 BIDS RECEIVEO AFTER THE OPENING TIME WILL BE RETURNED UNOPENED TO BIDDER. THE COMMISSIONERS' COURT RESERVES THE RIGHT TO WAIVE TECHNICALITIES, REJECT ANY OR All BIDS, TO ACCEPT THE BID DEEMED MOST ADVANTAGEOUS TO CALHOUN COUNTY AND TO BE THE SOLE JUDGE IN DETERMINING WHICH BIDS Will BE MOST ADVANTAGEOUS TO THE COUNTY, THE COUNTY OF CALHOUN, TEXAS IS AN EQUAL EMPLOYMENT OPPORTUNITY EMPLOYER. THE COUNTY DOES NOT DISCRIMINATE ON THE BASIS OF RACE, COLOR, NATIONAL ORIGIN, SEX. RELIGION, AGE OR HANDICAPPED STATUS IN EMPLOYMENT OR THE PROVISION OF SERVICES, CALHOUN COUNTY ACCEPTS NO FINANCIAL RESPONSIBILITY FOR ANY COSTS INCURRED BY ANY PROPOSER/BIDDER IN THE COURSE OF RESPONDING TO THESE SPECIFICATIONS, THE SUCCESSFUL BIDDER MUST PROVIDE CALHOUN COUNTY WITH A CERTIFICATE OF INSURANCE (NAMING CALHOUN COUNTY AS AN ADDITIONAL INSURED) FOR GENERAL LIABILITY ($1,000,000/$2,000,000), WORKERS' COMPENSATION (IN ACCORDANCE WITH STATE LAW) AND AUTO INSURANCE ($100,0001$100,000/$300,000). BID ITEM' MEDICAL SERVICES DEPARTMENT, JAIL -----------------------------------------------.. SPECIFICATIONS: MEDICAL SERVICES SEE ATTACHED GENERAL CONDITIONS OF SUBMITTING BIDS AND SPECIFICATIONS FOR MEDICAL SERVICES SEE ATTACHED LETTER FOR REQUESTED FORMS e The undersigned affirms that they are duly authorized to execute this contract, that this company, corporation, firm, partnership or Individual has not prepared this proposal In collusion with any other Proposer or Bidder, and that the contents of this proposal or bid as to prices, terms Dr conditions of said prcposal/bid have not been communicated by the unclersigned nor by any employee or agent to any other person engaged in this type of business prior to the official opening of this proposal. AUIIIIlIlIZED SIGNA TUIIf JIIlf: PIIINT NAME DATE Of BDl: lB.B'IIONE NUMBrn: PlEASE UST ANY EXCfPIIONS TO II( AB1lVE SPECIFICATIlNS: Tuesday, November 22,2005 IIIIlIIflI e lV',i) UCtN e e e GENERAL CONDITIONS OF SUBMITTING BIDS AND SPECIFICATIONS FOR MEDICAL SERVICES FAILURE TO COMPLY WITH THESE GENERAL CONDITIONS OF SUBMITTING BIDS AND SPECIFICATIONS FOR MEDICAL SERVICES MAY RESULT IN THE BID BEING DISQUALIFIED. 1. BIDS: ~ SUBMIT 1 ORIGINAL & 8 COPIES ~ PAGE 2, #2A MUST BE FILLED IN A. DUE - TIME AND DATE: Bids must be in the office of the County Judge, by 10:00 AM, Thursday, December 15,2005. A late delivery with an early postmark will not suffice. Be sure you have allowed ample time for postal delivery. The County will not be responsible for the delivery of your bid to the office of the County Judge. Tf you choose to send your bid by postal delivery, then it is recommended that you call the County Judge's office at 361-553-4600 to verify receipt of your bid prior to the opening date. Calhoun County accepts no financial responsibility for any cost incurred by any bidder in the course of responding to these specifications. Calhoun County does not accept faxed or emailed proposals. All BIDS ARE DUE on or before 10:00 AM, THURSDAY, DECEMBER 15,2005 at the following address: Mailing Address: Honorable Michael J Pfeifer, County Judge 211 S Ann St Port Lavaca TX 77979 PhYSical Address: Honorable Michael J Pfeifer, County Judge Memorial Medical Plaza 1300 N Virginia St Port Lavaca TX 77979 ~ Mark outside of envelope: SEALED BID- MEDICAL SERVICES B. WITHDRAW At OF BID: A bidder may withdraw hislher bid before County acceptance of hislher bid without prejudice to himselflherself, by submitting a written request for its withdrawal to the County Judge, C. BID OPENING & AWARD: Bidders are invited to be present at the opening (acknowledgement) of bids, The Bid will be considered for award on Thursday, December 22,2005 during Commissioners' Court. Page I of4 083 2. BID SPECIFICATIONS & REOUEST FOR BID SPECIFICATIONS: A. Medical Services needed for the Calhoun County Adult Detention Center: (1) A Physician is needed a minimum of once a week for one hour. $ I per Hour = Cost of Minimum Hour once a week e $ I per Hour = Cost of Additional Hours, if needed $ I = Charge per Telephone Consultation (2) An L VN is needed a minimum of twice a day for one hour in the AM and One hour in the PM. $ Iper Hour.= Cost of Minimum Honr twice a day $ Iper Hour = Cost of Additional Hours, if needed $ I = Charge per Telephone Consultation Printed Name of Doctor, Practice, or Business Authorized Signature B. Bid package may be obtained at the following address: Calhoun County Auditor's Office Courthouse Annex Building 201 W Austin St Port Lavaca, TIC 77979 e Or by calling Peggy at 361-553-4610 C, The Bid must be signed and dated by an officer (or employee) who is duly authorized to execute this contract, that this company, corporation, firm, partnership or individual has not prepared this bid in collusion with any other Bidder" and that the contents of this bid as to prices, term:; or conditions of said bid have not been communicated by the undersigned nor by any employee or agent to any other person engaged in this type of business prior to the official opening of this bid C. All instructions and specifications in the Request For Bid must be followed and/or met. Page 2 of 4 e 084 e e e 3, EXCEPTIONS: If exceptions are being taken to any part of specifications, have them listed on the Bid Forms or on your letterhead and manually sifrn and date it. 4. AWARD Commissioners' Court reserves the right to waive technicalities, reject any or all bids, to accept the bid deemed most advantageous to Calhoun County and to be the sole judge in determining which bid will be most advantageous to Calhoun County. The County of Calhoun, Texas is an Equal Employment Opportunity Employer, the County does not discriminate on the basis of race, color, national origin, sex, religion, age or handicapped status in employment or the provision of services. 5, DELNERIES: Upon any breach of contract, the County reserves the right to proceed against the successful bidder and/or the surety on his bond for any and all damages occasioned by the breach. 6. REJECTIONS: All disputes concerning this bid will be determined by Commissioners' Court or their designated representative, 7. CONDITIONS PART OF BID: The General Conditions of Bidding defmed herein shall be a part of the attached bid, 8. PROTEST PROCEDURES: Any actual or prospective bidder who believes they are aggrieved in connection with or pertaining to a bid may file a protest. The protest must be delivered in writing to the Auditor's Office, in person or by certified mail retwn receipt requested prior to award. The written protest must include: 1. Name, mailing address and business phone munber of the protesting party; 2. Appropriate identification of the bid being protested; 3. A precise statement of the reasons for the protest; and 4, Any documentation or other evidence supporting the protest and any alleged claims. Page 3 of4 085 The Auditor's Office will attempt to resolve the protest, including at the Auditor's option, meeting with the protesting party. Tfthe protest is successfully resolved by mutual agreement, \Witten verification of the resolution, with specifics on each point addressed in the protest, will be forwarded to Commissioners' Court. If the Auditor's Office is not successful in resolving the protest, the protesting party may request in \Witing that the protest be considered by Commissioners' Court. Applicable documentation and other information applying to the protest will be forwarded to Commissioners' Court, who will promptly review such documentation and information. If additional information is desired, Commissioners' Court may notify the necessary party or parties to the protest to provide such information. The decision of Commissioner's Court will be final. 9. PUBLIC INFORMATION ACT: A. All governmental information ispresurned to be available to the public. Certain exceptions may apply to the disclosure of the information, Governmental bodies shall promptly release requested information that is not confidential by law, either constitutional, statutory, or by judicial decision, or information for which an exception to disclosure has not been sought. B. To request information from Calhoun County, please contact: Calhoun County Auditor's Office Courthouse Annex Building Attn: Cindy Mueller, County Auditor 201 W. Austin St. Port Lavaca, TX 77979 Phone: 361-553-4610 Fax: 361-553-4614 Page 4 of 4 {)Rr~ 'VuV e e e CONTRACT FOR MEDICAL SERVICES Calhoun County, a political subdivision of the State of Texas, (herein the "County") and MD a Licensed Medical Practitioner in the State of Texas, (hereinafter the "Servic~ Pro~ider"), by this agreement and in consideration of mutual promises set forth below have agreed as follows: e 1.01 ARTICLE I JAIL SERVICES SCOPE OF SERVICES: The Service Provider will, upon referral from the Sheriffs Department (hereinafter referred to as "Jail") treat inmates located in the Calhoun County Adult Detention Center facilities operated by the Sheriff's Department. Treatment may occur both within and without the physical confines of the Jail facilities, Treatment shall include, but not be limited to, on-site medical care and/or treatment. The Service Provider agrees to adopt and implement workplace guidance concerning persons with AIDS and HIV infection and to develop and implement gUidelines regarding confidentiality of AIDS and HIV related medical information with regards to inmates being treated for any complaint. e 1.02 REPORTING RESPONSIBILITIES: The service Provider, once treatment has been provided, will also be responsible for indicating any necessary therapy, additional follow-up medical treatment or additional medical referral needed to a medical specialist to Cover any inmate problem the Service Provider believes would require such therapy or referral. The Service Provider will be responsible for communicating therapy or referral needs to the Calhoun County Jail Administrator, or the designated agent. The Service Provider will document all treatment, need for follow-up treatment, any diagnostic tests needed, therapy suggestions and referral needs in note form and file the same in the inmate's medical file. 1.03 ADDITIONAL SERVICES: Services to be provided pursuant to this Contract, but at an additional fee as set forth in Article III herein, include diagnostic testing, whether routine or otherwise, extended long-term medical treatment programs requiring more than a few treatments for a given malady, treatment outside the Jail for medical services provided at clinics operated by the Service Provider. Page 1 of6 e O~''J t'" ARTICLE II INMATE SERVICES 2.01 SCOPE OF SERVICES: The Service Provider upon referral from the Jail Administrator or Licensed Vocational Nurse (hereinafter referred to as "L VN") shall treat inmates that are incarcerated in the Calhoun County Jail. Services are to include consultation and/or assistance of/with a LVN and/or the Jail Administrator. Consultation may be by phone or on-site. Consultation is to be diagnostic in nature to determine possible medical malady and appropriate medical course of action, Also, the Service Provider will provide physical examinations on site, as requested, within the Infirmary at the Jail when phone consultation does not seem appropriate or prudent to solve an inmates medical dilemma. e 2.02 PROCEDURE: The LVN will routinely on a daily basis handle medical sick call in the Jail except when it is beyond their expertise. When medical concerns of inmates is beyond the ability of LVN, phone consultation with Service Provider will be initiated. If phone consultation is inadequate in the Dpinion of both the Jail Administrator and LVN, on-site medical consultation will be requested of Service Provider. 2.03 ADDITIONAL SERVICES: Services to be provided pursuant to this Contract, but at an additional fee as set forth in Article III herein, include diagnostic testing, extended long term medical treatment programs requiring mDre than minor intervention, testing at the Service Provider's clinics, x-rays, physical examinations, lab work or emergency medical treatment in an emergency rODm, hospital care and therapy as deemed appropriate to solve an inmate's medical dilemma, 2.04 REPORTING RESPONSIBILITIES: Phone consultation will be documented by L VN in inmate's medical file. On-site consultation will require Service Provider to provide case notes in inmate's medical file. The Service Provider will inform the Jail Administrator or L VN during consultation of the need for testing, x-rays, lab work or emergency treatment. The Service Provider will communicate in writing with the Jail Administrator or L VN, the inmate's need for follow- up treatment or referral to a medical specialist or relocation for medical treatment, which communication shall be made part of the inmate's medical file. e e 088 ARTICLE III FEES 3.01 PROFESSIONAL FEES: Physician Charges: $ IHour = Cost of Minimum Hour once a week e $ $ Iper Hour = Cost of Additional Hours, if needed / = Charge per Telephone Consultation LVN Charges: $ /Hour = Cost of Minimum Hour twice a day $ Iper Hour = Cost of Additional Hours, if needed $ / = Charge per Telephone Consultation This Contract shall be from January 13, 2006 through December 31, 2006, with the option to renew yearly(Beginning January 1 and Ending December 31) for up to two additional years (See Article X, 10.03) Charges for any outside-the-Jail treatment of inmates at any clinic operated by the Service Provider, or a physician's certificate related to a mental health commitment, or treatment of an inmate at a hospital emergency room or for any unusual diagnostic charge, laboratory charge or physical exams, or extended treatment program made under this contract will be either billed by the Service Provider as provided below, or by the independent laboratory or facility that provides such service. e 3.02 BilLING: The Service Provider will submit an invoice monthly, within 15 days of each contract month. The Service Provider will bill Calhoun County using his/her standard Invoice for Services for the herein agreed fee, For services not covered by the Service Provider's agreed fee, the Service Provider will invoice Calhoun County using his standard Invoice for Services, showing Date of Service, Inmate Number, Test or Service Performed with itemized costs for each, and Extended Total, at his standard prevailing prices, which shall also be stated on the bill. Calhoun County shall pay for services monthly after the bill is approved by the Auditor's Office and Commissioners' Court, Commissioners' Court meets the second and fourth Thursday of each month. No payment can be made until Commissioners' Court approves bills for payment. e 089 ARTICLE IV ADMINISTRATION OF CONTRACT 4.01 TRANSPORTATION If the Service Provider has assessed that an inmate needs to be relocated from the Jail for medical service of any kind or for any reason, this assessment will be relayed at the earliest possible time to the Sheriff, Jail Administrator or his agent, SD that immediate action can be taken. The Sheriffs Department shall be responsible for initiating any paperwork which may be needed to re-Iocate or transport the inmate for such treatment and for the transportation to an appropriate facility. e 4.02 ACCESS TO FILES: Once an inmate has been referred to the Service Provider, the Service Provider will be allowed to have access to that inmate's personnel and medical file. Additionally, the Service Provider will have access to the medical screening documents used by the Jail staff and L VN to access an inmate's medical history and potential medical concerns, if such records are not part of an inmate's personal or medical file. A written request for such access is not required to be filed with the Sheriff's Department. Under ordinary circumstances, presenting an inmate for medical treatment will be evidence of the authority for access of such records by the Service Provider. 4.03 SUPPORT: While on-site, the Jail Administrator shall be responsible for providing the Service Provider with any reasonable support, assistance or security that may be requested. . 4.04 PATIENT ACCEPTANCE: The Service Provider is under no obligation to accept for medical treatment an inmate that the Service Provider deems inappropriate for treatment, however, it is not anticipated that this would ever be likely in the course of this cDntract. e L ARTICLE V . INSURANCE 5.01 Each party to this agreement is responsible for maintaining their own liability insurance and worker's compensation insurance, and each party will provide proof of same to the other party on request. The Service Provider shaH maintain during the term of this contract a malpractice Insurance policy and a General Liability Policy naming Calhoun County as an additional insured. The Service Provider shall provide a Certificate of Insurance for both pOliCies which shall provide for a fifteen (15) days advance notice to Calhoun County of the cancellation of such policy. e OJO ARTICLE VI INDEMNITY e 6.01 The Service Provider agrees to and shall indemnify and hold harmless and defend Calhoun County, its officers, agents and employees from and against any and all claims, losses, damages, causes of action, suits, and liability of any kind, including all expenses of litigation, court costs, and attorney's fees, for injury to or death of any person or any breach of contract arising out of or in connection with any work done by the Service Provider pursuant to this Agreement. ARTICLE VII INDEPENDENT CONTRACTOR 7.01 In all activities or services performed hereunder, the Service Provider is an independent contractor, and not an agent or employee of Calhoun County. The Service Provider, as an independent contractor, shall be responsible for all medical services provided and medical decisions made pursuant to the terms of this Contract. The Service Provider shall supply all labor required for providing of medical services as required herein. The Service Provider shall have ultimate control over the execution of the work under this Agreement. Calhoun County shall have no control over any decision, recommendation, or action taken by the Service Provider pursuant to this Contract. 7,02 The Service Provider shall retain personal control and shall give his personal attention to the faithful prosecution and completion of the services contracted for herein and fulfillment of this Agreement. e ARTICLE VIII LICENSING 8.01 The Service Provider is required to maintain all applicable licensing permits to practice medicine. Further. aU permits to or certification necessary to operate the Service Provider's clinics shall be maintained. Copies of any applicable licenses are to be filed with Calhoun County. ARTICLE IX DEFAULT 9,01 EVENTS OF DEFAULT: The following Occurrences shaU be considered events of default: A. Failure to maintain license to practice medicine or any restrictions being placed upon such license by , the State Board of Medicine making the providing of services hereunder impossible or difficult. e 091 B. Failure to maintain all permits and licenses necessary to keep Service Provider's clinic(s) in operation. C. Cancellation of Service Provider's medical malpractice insurance. Upon an event of default, Calhoun County may terminate this Contract on three (3) days written notice mailed by certified mail, return receipt requested to the address listed below. ARTICLE X GENERAL PROVISIONS 10.01 VENUE: The venue of this contract is Calhoun County, Texas, and this contract shall be governed by and in accordance with the laws of the State of Texas. 10.02 TERMINATION: This contract may be terminated by either party upon thirty (30) days written notice. Such notice shall be mailed return receipt requested to the non-terminating party at the addresses listed below. 10.03 TERM: The term of this contract will be from January 13, 2006 through December 31, 2006. The parties are hereby given option to renew yearly (Beginning January 1 and Ending December 31) for up to two additional years to follow consecutively upon expiration of the term hereof and of any renewal periDd, upon the same terms and conditions contained herein. Any changes in the tenns or conditions will necessitate the initiation of a new contract. SERVICE PROVIDER DATE ADDRESS CALHOUN COUNTY, TEXAS BY: 211 South Ann Street Port Lavaca, TX 77979 Michael J Pfeifer, County Judge DATE 092 e e e ., EXECUTIVE SESSION: HUGES VS CALHOUN COUNTY ET AL: e The Court, being in open session, in compliance with the pertinent provisions of the Vernon's Texas Code Annotated, Government Code, Section 551, Subchapter 0, the County Judge, as presiding officer, publicly announced at 10:05 a.m. that a closed session would now be held under the provision of 551.071; a governmental body may conduct a closed meeting for the purpose of private consultation between the governing body it's attorney when the governing body seeks the attorney's advice with respect to pending or contemplated litigation, settlement offers, and matters where the duty of the governing body's counsel to his client pursuant to the Code of Professional responsibility to the State Bar of Texas conflicts with the Act. Discussion will include matters related to Cause No. 2004-4-14575; Hughes vs Caihoun County et al. The County Judge further publicly announced that before any final action, decision or vote is made regarding the subject matter of said closed session, this meeting would be reopened to the public. The Court then went into closed session, At the end of the closed session, the meeting was reopened to the public at 10:18 a.m. A Motion was made by Commissioner Galvan and seconded by Commissioner Balajka to discharge Houston Marek and Griffin from the case of Hughes vs Calhoun County et al and that Shannon Salyer, Assistant District Attorney wiil be handling the case, Commissioners Galvan, Balajka, Fritsch, Finster and Judge Pfeifer all voted in favor. Court adjourned at 10:20 a.m, e e 093