HomeMy WebLinkAbout2008-10-21-9:00AM-REGULARG
BRAZOS COUNTY . - . - _ -
SRYAN. TFXAB ~~j~
NOTICE OF MEETING
AND AGENDA BRA70S COUNTY COMMISSIONERS COURT
THE COMMISSIONERS COURT WILL MEET IN REGULAR SESSION ON TUESDAY, OCTOBER 21, 2008 AT 6:00 P_M_ IN THE COMMISSIONERS COURTROOM OF THE
COUNTY ADMINISTRATION BUILDING, 200 SOUTH TEXAS AVENUE, SUITE 106, BRYAN, TEXAS_
1 . Invocation and Pledge of Allegiance - Cor111Ylissioner Peters
2. Call for citizen input and/or concerns.
Consider and take action on agenda items 3 -23
3. Request from the Sheriff s Department to transfer $2,546 from the Contingency Fund to the Capital hzzprovement FLti cl to pay the expense of transferring equipment from four
replacement vehicles to the new vehicles. Funds were originally budgeted in the 2007/2008 budget, but the delivery of the new vehicles was delayed.
4- Request From the Sheriff's Department to transfer $2,442.96 from Senior Investigator
Class 1422 position 1 to Investigator Class 1423 position 3.
5. Request from the Sheriff s Department to transfer $2,401 .20 from Special Services Class 1429 position 1 to Special Services Class 1433 3 v y`
6 RESOLUTION providing for the public sale of property acquired by the County of
Brazos from delinquent taxes.
7. Appointment c f Justin Iriclc to the Emergency Services District No. 2 to fill the unexpired term ofDwayne Creel who has resigned. Term oftlae appointment is November 1, 2008
through December 31, 2010-
S. Budget Al=iendments 07/08 52.1 thru 07/08 52.6
Off- of the County Judge _ 200 S-tti Texas Ave_ Suite 332 Bryan, Texas 77803 _ Fax (979) 361-4503
Commissioners Court Meeting Agenda
October 21, 2008
Page Two
9. Budget Amendments 08/09 3.1 through 08/09 3.5
10. Personnel Changes of Status.
11. Payment of Claims.
12. Request from the Brazos Center to use $192.59 that was budget for the purchase of
commercial push mowers to help pay for the commercial riding mower. The cost of the
riding mower has increased in prince since the budget was approved.
13. Approval of the following Contracts/Agreements:
a. Contract with the Brazos County Council of Governments to administer the County's
Indigent Health Care Program. The term of the contract is October 1, 2008 thrugh
September 30, 2009. The contract amount is $96,700.
b. Interlocal Agreement with the Brazos County Precinct 3 Volunteer Fire Department,
Inc for fire protection services. The term of the contract is October 1, 2008 through
September 30, 2009. The contract amount is $29,000.
c. Contract with Brazos County Maternal & Child Health Clinic, Inc. The term of the
contract is October 1, 2008 through September 30, 2009. The contract amount is
$75,000.
14. Request from IT to renew the agreement with Hewlett-Packard for hardware and
software support. Term of the agreement is November 1, 2008 through October 31,
2009.
15. Request for the Special Investigation Unit for out of state travel for Investigator Terry
Young to attend a three week technical course in Meridian, Mississippi from October 20,
2008 through November 7, 2008.
16. Requisition 00021684 in the amount of $11,324 for a security system for Juvenile
Services. Funds will be paid for capital expenditure.
17. Exemption from competitive bidding for the following companies/individuals:
a. Thomson West
b. Dr. Charles Williams - Medical
c. Thomas Huber - Medical
d. Bryan Radiology - Medical
e. Brazos Lung -Medical
f. Quest Diagnostics - Lab Testing/Medical
g. Stericle - Medical
h. Leah Montgomery - Medical/Pharmacist
_1.6q
Commissioners Court MeetingAgenda
October 21, 2008
Page Three
18. Subscription to West Law for the District Attorney and County Attorney for legal
research.
19. Request from Wickson Creek Special Utility District to construct a road bore for water
line installation in the right of way of Golden Trail (to provide service to address #6939).
Site is located in Precinct 3.
20. Request for variance to Brazos County Subdivision and Development Regulations for
reduction of the minimum lot width on a rural road section from 70 feet to 50 feet in
Creek Meadow Subdivision, Section 1C, Phase One (College Station ETJ), Brazos
County Texas. Site is located in Precinct 1.
21. Replat of Lot 3, Block 1 of Ramby Subdivision, 18.22 Acres, Moses A. Foster Survey,
Abstract 16, Wixon Valley, Brazos County Texas. Site is located in Precinct 2.
22. Renewal of the FY 09/10 State Registry/Local Customer Service Contract.
23. Tax Refund Application for American General Financial Services, Inc.
24. Call for citizen input and/or concerns.
25. Announcements.
26. Agency / Board / Committee reports by Court members.
27. Adjourn.
The Administration Building is wheelchair accessible. Handicap parking spaces are available. Any request for sign
interpretive services must be made two business days before the meeting. To make arrangements, call (979) 361-4102.
r LS ~ i5
COMMISSIONERS' COURT
REGULAR MEETING
OCTOBER 21, 2008
A regular meeting of the Commissioners' Court of Brazos
County, Texas was held in the Commissioners Courtroom of the
Brazos County Administration Building, 200 South Texas Avenue,
in Bryan, Brazos County, Texas, beginning at 6:00 p.m. on
Tuesday, October 21, 2008, with the following members of the
Court present:
Randy Sims, County Judge, Presiding;
Lloyd Wassermann, Commissioner of Precinct 1,
Absent;
Duane Peters, Commissioner of Precinct 2;
Kenny Mallard, Commissioner of Precinct 3;
Carey Cauley, Jr., Commissioner of Precinct 4;
Karen McQueen, County Clerk, Absent.
The attached sheet contains the names of the citizens and
officials that were in attendance.
Commissioner Peters gave the invocation and led the
pledge of allegiance.
Under citizen input/and or concerns, the following spoke:
Nancy Todd and Doug Sherman
a) Asked the Court for some help to ease the traffic
issues that will come up on county roads since
the city of College Station annexed 49 acres for
student housing.
Vol l 1 - Page I
Commissioners Court meeting October 21, 2008 2
The Court next considered a request from the Sheriff's
Office for permission to transfer $2,546.00 from Contingency
to pay the expense of transferring equipment from four
replacement vehicles to the new vehicles. The funds were
budgeted in the 2007-2008 fiscal year but the deliver of the
new vehicles was delayed. On motion by Commissioner Cauley,
seconded by Commissioner Peters, the Court voted unanimously
to approve the request.
The Court considered another request from the Sheriff's
Office to transfer $2,442.96 from Senior Investigator Class
1422 Position 1 to Special Services Class 1433 Position 3. On
motion by Commissioner Peters, seconded by Commissioner
Cauley, the Court voted unanimously to approve the request.
The next matter before the Court was a request from the
Sheriff's Office to transfer $2,401.20 from Special Services
Class 1429 Position 1 to Special Services class 1433 Position
3. On motion by Commissioner Peters, seconded by Commissioner
Cauley, the Court voted unanimously to approve the request.
The Court next considered adopting a Resolution providing
for the public sale of property acquired by the County of
Brazos from delinquent taxes. On motion by Commissioner
Cauley, seconded by Commissioner Mallard, the Court voted
unanimously to adopt the Resolution providing for the public
Vol 11) Page ~ C~;l
Commissioners Court meeting October 21, 2008 3
sale of property acquired by the County of Brazos from
delinquent taxes. A copy of the resolution naming the
properties is attached.
The next matter before the Court was consideration of the
appointment of an individual to the Emergency Services
District No. 2. On motion by Commissioner Peters, seconded by
Commissioner Cauley, the Court voted unanimously to appoint
Justin Irick to fill the unexpired term of Dwayne Creel who
has resigned. The term of the appointment is from November 1,
2008 through December 31, 2010.
The Court next considered Budget Amendment #07/08-52.1
through 52.67, which would correct the original Metropolitan
Planning Organization budget for fiscal year 2008; reallocate
funds for Court Support Costs, Health Department Support,
Special Investigation Unit; transfer funds from Contingency to
Emergency Relief, Health & Life Insurance Fund. On motion by
Commissioner Cauley, seconded by Commissioner Peters, the
Court voted unanimously to approve the budget amendment as
submitted, a copy of which is attached.
The Court next considered Budget Amendment #08/09-3.1
through 3.5, which would correct the original metropolitan
Planning organization budget for fiscal year 2009; reallocate
funds for the Capital Improvement Fund-Juvenile Services,
Vol l is Page 6?.
Commissioners Court meeting October 21, 2008 4
District Clerk Administration and District Clerk Collections
Department, District Attorney; transfer funds from Contingency
to Capital Improvement Fund-Sheriff Department. On motion by
Commissioner Peters, seconded by Commissioner Cauley, the
Court voted unanimously to approve the budget amendment as
submitted, a copy of which is attached.
The Court proceeded to consider the change of status of
employees as submitted on the attached Personnel Action
Requests. Ruth McLeod stated that three of the forms needed
the effective date changed to October 22, 2008. On motion by
Commissioner Cauley, seconded by Commissioner Peters, the
Court voted unanimously to approve the change of status
subject to the effective date being changed on the forms for
Martinez, See and Wallace.
The Court next considered the following Claims as
submitted by the County Treasurer for payment:
7055288 through 7055510
On motion by Commissioner Cauley, seconded by Commissioner
Peters, the Court voted unanimously to approve the Claims as
submitted.
The next matter before the Court was consideration of a
request from the Brazos Center to use $192.59 that was
budgeted for the purchase of commercial push mowers to help
Vol is Page is~
Commissioners Court meeting October 21, 2008
5
pay for the commercial riding mower. The cost of the riding
mower has increased since the budget was approved. On motion
by Commissioner Peters, seconded by Commissioner Cauley, the
Court voted unanimously to approve the request.
The Court next considered approval of the following
contracts/agreements:
a. Contract with Brazos County Council of
Governments to administer the County's Indigent
Health Care Program. Contract amount is $96,700.
The term of the contract is October 1, 2008
through September 30, 2009. On motion by
Commissioner Peters, seconded by Commissioner
Cauley, the Court voted unanimously to approve
the contract with the Brazos County Council of
Governments. A copy is attached.
b. Interlocal Agreement with the Brazos County
Precinct 3 Volunteer Fire Department, Inc. for
fire protection services. The contract amount is
$29,000. The term of the contract is October 1,
2008 through September 30, 2009. On motion by
Commissioner Mallard, seconded by Commissioner
Cauley, the Court voted unanimously to approve
the Interlocal Agreement with the Brazos County
Precinct 3 Volunteer Fire Department, Inc. A copy
is attached.
c. Contract with Brazos County Maternal & Child
Health Clinic, Inc. for medical care of the
County's poor and indigent women who are
pregnant. Contract amount is $75,000. The term
of the contract is October 1, 2008 through
September 30, 2009. On motion by Commissioner
Peters, seconded by Commissioner Cauley, the
Court voted unanimously to approve the contract
with Brazos County Maternal and Child Health
Clinic, Inc. A copy is attached.
Vol I 1 Page 1 1-oa
Commissioners Court meeting October 21, 2008 6
The next matter before the Court was consideration of a
request from the Information Technology Department to renew
the agreement with Hewlett-Packard for hardware and software
support of the critical systems in the data center. The
agreement amount is $25,377.64. The agreement commences
November 1, 2008 and terminates on October 30, 2009. On
motion by Commissioner Cauley, seconded by Commissioner
Peters, the Court voted unanimously to approve the renewal
and authorized the County Judge to execute the document. A
copy is attached.
The Court next considered a request from the Special
Investigations Unit for out of state travel for Investigator
Terry Young to attend a three week technical course in
Meridian, Mississippi October 20, 2008 through November 7,
2008. On motion by Commissioner Cauley, seconded by
Commissioner Peters, the Court voted unanimously to approve
out of state travel and payment of expenses for Investigator
Terry Young.
The next matter before the Court was consideration of
requisition 00021684 in the amount of $11,324 for a security
system for the Juvenile Services facility. On motion by the
County Judge, seconded by Commissioner Peters, the Court
voted unanimously to approve the requisition.
Vol 1 C~ Page W
Commissioners Court meeting October 21, 2008
7
The Court next considered exemption from competitive
bidding for the following companies/individuals:
a. Thomson West-Publications
b. Dr. Charles Williams-Medical
c. Thomas Huber-Medical
d. Bryan radiology-Medical
e. Brazos Lung-Medical
f. Quest Diagnostics-Lab Testing/Medial
g. Stericle-Medical
h. Leah Montgomery-Medical/Pharmacist
on motion by Commissioner Cauley, seconded by Commissioner
Peters, the Court voted unanimously to exempt the above
mentioned vendors from the competitive bidding process.
The Court next considered a subscription to West Law for
the District Attorney and County attorney for legal research.
Commissioner Mallard asked if this was duplication. The County
Auditor said that it was and either/or situation, Lexius versus
West Law. West Law offers items and services, unique only to
their company, that are deemed necessary. On motion by
Commissioner Peters, seconded by Commissioner Cauley, the Court
voted unanimously to approve the subscription to West Law.
The Court next considered the request from Wickson Creek
Special Utility District to construct a road bore for water
line installation in the right-of-way of Golden Trail. The
site is located in Precinct 3. The County Engineer stated that
all appeared to be in order and recommended approval. On
motion by Commissioner Mallard, seconded by Commissioner
Vol Its Page 1101
Commissioners Court meeting October 21, 2008 8
Cauley, the Court voted unanimously to approve the request from
Wickson Creek Special Utility District and authorized the
installation. A copy of the request is attached hereto.
The Court next considered a request for variance to the
Brazos County Subdivision and Development Regulations for
reduction of the minimum lot width on a rural road section from
70 feet to 50 feet in the Creek meadow Subdivision, Section 1C,
Phase One in the College Station ETJ. The site is in Precinct
1. Commissioner Cauley questioned the narrower lot width with
denser population. Gary Arnold with the Road & Bridge
Department explained the this is in the city limits, will have
city sewer services and the owner will be building an office on
the lot. On motion by Commissioner Peters, seconded by
Commissioner Mallard, the Court voted unanimously to approve
the variance.
The Court next considered approval of the Re-Plat of Lot
3, Block 1 of Ramby Subdivision, 18.22 Acres located in
Precinct 2. Richard Vance, County Engineer, stated that he had
reviewed the plat and all appeared to be in order. On motion by
Commissioner Peters, seconded by Commissioner Mallard, the
Court voted unanimously to approve the re-plat of Lot 3, Block
1 of Ramby Subdivision, 18.22 Acres as submitted.
The next matter before the Court was consideration of the
Vol As Page I Lea
Commissioners Court meeting October 21, 2008 9
renewal of the FY 09/10 State Registry/Local Customer Service
Contract with the office of the Attorney General of Texas.
This is for court order information relating to Child Support,
Protective Orders and Family violence under the Texas Family
Code, Title 4, Subtitle B and Suits Affecting the Parent-Child
Relationship under the Texas Family Code, Subtitle B for use in
the State and Federal Case Registries and local handling of
inquiries on, and receiving information, about Child Support
Cases where child support payments are remitted to the Texas
Child Support State Disbursement Unit. On motion by
Commissioner Cauley, seconded by Commissioner Peters, the Court
voted unanimously to approve the renewal of the FY 09/10 State
Registry/Local Customer Service Contract with the office of the
Attorney General of Texas and authorized the County Judge to
execute the document.
The next matter for consideration was approval of a tax
refund application from the following individual and/or
company:
a) American General Financial Services, Inc., Over
Payment $93.72
On motion by Commissioner Peters, seconded by Commissioner
Cauley, the Court voted unanimously to approve the tax refund
application.
Vol l 15 Page 1(p
Commissioners Court meeting October 21, 2008
10
Under citizen input and/or concerns, the following
spoke:
Sheriff Chris Kirk
a) There were 582 inmates in jail last
night. 87 are on an electronic
monitor and 50 are pending for a
monitor.
County Judge
a) Told the Sheriff that he received 80
percent of the plans for the new jail.
They are on a CD and available to look
at.
There were no announcements.
There were no Agency/Board/Committee reports by Court
members.
There being no further business to come before the
Court, the meeting was adjourned.
Vol 1 15 Page ► C~5
The foregoing minutes of the Commissioners Court meeting held
October 21, 2008 have been examined and are approved in open
Court this the day of i_~eCc~~, 2008, in Bryan,
Brazos County, Texas.
Randy S'ms
Count Judge
7)
Duane Peters
Commissioner, Precinct 2
Carey C ley, Jr.
Commiss oner, Precinc
Attest:
Karen McQueen
County Clerk
Lloyd assermann
Commissioner, Precinct 1
-1 _
Kenny Malla
Commissioner, Precinct
Vol 15 Page I to
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BRAZOS COUNTY
COMMISSIONER'S COURT
, / DAY
Name
(PLEASE PRINT)
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Organization
(PLEASE PRINT)
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RESOLUTION PROVIDING FOR THE PUBLIC SALE
OF PROPERTY ACQUIRED BY THE COUNTY OF BRAZOS
FROM DELINQUENT TAXES
WHEREAS, the following properties in Brazos County were offered for sale by the Sheriff of
Brazos County, Texas at a public auction pursuant to a judgment of foreclosure for delinquent taxes by
the District Court;
Cause No. 39,267-361 Lot 1, Block 9, Darwin's Scanlin Addition, according to the map or plat
Account No. R72589 thereof, Brazos County, Texas being that property more particularly
described in Volume 122, Page 101, Deed Records of Brazos County,
Texas
Cause No. 04-000221-CV-85 Improvement only, being a Mobile Home, Serial Number 089454S0096,
Account No. M80385 Label Number TXS0524545, located on Lot 12. 1, Block 7, Stephen F.
Austin League #10, City of Bryan, Brazos County, Texas
Cause No. 05-001960-CV-361 Lots 6 & 7, Block 1, Washington Heights, City of Bryan, Brazos County,
Account No. R46865 Texas being that property more particularly described in Volume 273, Page
631 of the Deed Records, Brazos County, Texas
Cause No. 05-001960-CV-361 Lot 7, Block 1, Washington Heights, City of Bryan, Brazos County, Texas
Account No. R46866 being that property more particularly described in Volume 273, Page 631
of the Deed Records, Brazos County, Texas
Cause No. 05-002734-CV-361 Lot 4, Block 4, Priddy & Lawrence Resub of Chew, City of Bryan, Brazos
Account No. R21855 County, Texas being that property more particularly described in Volume
301, Page 332 of the Official Records, Brazos County, Texas
Cause No. 06-000939-CV-85 0.1097 acres out of Abstract 88 of the H. R. Cartmell Survey, being Tract
Account No. R14866 4.1 being that property more particularly described in Volume 3586, Page
174 SAVE & EXCEPT that property described in Volume 3699, Page 326
of the Official Public Records, Brazos County, Texas
Cause No. 06-003219-CV-85 Lot 11, Block A, Nall, City of Bryan, Brazos County, Texas being that
Account No. R33713 property more particularly described in Volume 279, Page 369 of the Deed
Records, Brazos County, Texas
Page 1 of 2
..115: . 118
and
WHEREAS, those parcels of land did not receive a sufficient bid as set by law and were struck off to the
County of Brazos, for the use and benefit of itself and the taxing units for which it collects property
taxes, pursuant to Section 34.010) Property Tax Code; and
WHEREAS, TEX. PROP. TAX CODE § 34.05 (c) and (d) provide that we may request that the
Sheriff sell the property at a public sale for any sufficient bid.
THEREFORE, BE IT HEREBY RESOLVED by the Commissioner's Court of the County of Brazos,
Texas that the County of Brazos, Texas hereby directs the Sheriff of Brazos County, Texas to conduct a
sale on the first Tuesday in December, 2008 in the manner prescribed by the Texas Rules of Civil
Procedure and § 34.05 (c) and (d) of the TEX. PROP. TAX CODE.
PASSPB, APP4DTMXAND ADOPTED this the ,->day of 2008.
- Randy Sims
;~6 S---l 4
Commissioner cinct 1 - Lloyd Wassermann
Page 2 of 2
Commissioner, Precinct 2 - Duane Peters
BRAZOS COUNTY, TEXAS
BUDGET AMENDMENT(S) FOR THE 2007-2008 BUDGET YEAR
NO. 07/08-52.1 thru 07/08-51.6
On this the 21" day of October, 2008 at a regular meeting of the Commissioners' Court, the following
members were present:
Randy Sims, County Judge, Presiding
Lloyd Wassermann, Commissioner, Precinct 1;
E. Duane Peters, Commissioner, Precinct 2;
G. Kenny Mallard, Commissioner, Precinct 3;
Carey Cauley, Jr., Commissioner, Precinct 4;
Karen McQueen, County Clerk.
The following proceedings were held:
THAT WHEREAS, on 21, October 2008 the Court heard and approved a budget amendment for the
2007-2008 budget year for Brazos County, Texas; and
WHEREAS, an expenditure is necessary due to the necessity to meet unusual and unforeseen
conditions which could not be reasonably included in the original budget adopted 11 September 2007, the
following amendment(s) to the original are hereby authorized, as described on the attached page(s).
ADOPTED AND APPROVED this the 21 st day of October, 2008.
THE COMMISSIONERS' COURT OF BRAZOS COUNTY, TEXAS.
By:
Sims, County Judge
iginal: County Clerk's Office and
attached to the original budget
Copies: County Auditor
County Treasurer
County Budget Officer
Commissioners' Court Minutes
BRAZOS COUNTY, TEXAS
BUDGET AMENDMENTS
No. 07108 - 52.1
10/21/2008
FUND
DIV
ACCT
PROJ
DR/CR
ACCOUNT NAME
Increase
Decrease
3000
49028000
DR
Transfer from General Fund
15,000.00
3000
46052000
CR
MPO - Contribution
15,000.00
3000
48047000
DR
Grant - MPO
45,000.00
3000
46052000
CR
MPO - Contribution
45,000.00
0100
91320000
CR
Transfer to Grants Fund
15,000.00
0100
11002000
73560000
DR
MPO - County Support
15,000.00
MPO:
To correct t
he original budget of Fiscal Year 2008. The local funding support provided to MPO should have been bud eted in a
separate revenue line item. MPO has received funding support of $15,000.00 each from the County, A&M University,
City of Bryan and City o
f College Station in FY08.
Prepa ed By: : fd
Daie ' ' 10/14/2008
Department Approval
k
ite
ov
ounty J A~al; D.
Y I I5 1~1
BRAZOS COUNTY, TEXAS
BUDGET AMENDMENTS
No. 07/08 - 52.2
10/21/2008
FUND DIV ACCT PROJ DR/CR ACCOUNT NAME Increase Decrease
0100 11010000 72210000 CR Court Appointed Attorney - Capital 11,000.00
0100 11010000 61020000 DR Autos 11,000.00
Court Su ort Costs:
To reallocate funds to cover the autos costs.
116 17A
BRAZOS COUNTY, TEXAS
BUDGET AMENDMENTS
No. 07/08 - 52.3
4 ni,qoii,2nnse
FUND
DIV
ACCT
PROJ
DR/CR
ACCOUNT NAME
Increase
Decrease
0100
11001500
61130000
CR
Contin enc
17,900.00
0100
35500200
60380000
35500202
DR
Health Program Supplies
1,000.00
0100
35500200
51620000
35500202
DR
Hourly - Overtime
14,000.00
0100
35500200
53100000
35500202
DR
Social Security
1,100.00
0100
35500200
53200000
35500202
DR
Reitrement
1,700.00
0100
35500200
53800000
35500202
DR
Workers' Com .
100.00
Emergency Relief:
To move funds from the Coun 's Contin enc to cover the expense of Hurricane Ike.
Lid _ n3
BRAZOS COUNTY, TEXAS
BUDGET AMENDMENTS
No. 07/08 - 52.4
10/21/2008
FUND DIV ACCT PROJ DR/CR ACCOUNT NAME Increase Decrease
0100 26002000 72090000 CR Auditors -External 1,131.18
0100 26002000 60620000 DR Postage 1,131.18
Health Department Support:
To reallocate funds to cover the postage costs.
pis i~~
BRAZOS COUNTY, TEXAS
BUDGET AMENDMENTS
No. 07/08 - 52.5
4n/94mnnQ
FUND DIV ACCT PROJ DR/CR ACCOUNT NAME Increase Decrease
3202 282300 61120000 CR Confidential Funds 900.00
3202 282300 71400000 DR Peace Officers 900.00
SIU:
To reallocate funds to support overa a in overtime reimbursement to artici atin agencies.
16 n s
BRAZOS COUNTY, TEXAS
BUDGET AMENDMENTS
No. 07/08 - 52.6
AA/A• innnn
FUND
5000
5000
0100
0100
DIV
64005000
11001500
ACCT
49028000
71111000
61130000
91330000
PROJ
DR/CR
CR
DR
CR
DR
ACCOUNT NAME
Transfer from General Fund
Health & Life - Prescriptions
Contin enc
Transfer to HLI Fund
Increase
5,043.80
5,043.80
5,043.80
Decrease
5,043.80
Health & L
ife Insurance Fund:
To move funds from the County's Contingency to cover the excess ex enditure in Health & Life Insurance Fund.
Prepared By fd`
10/14/2008;
Department Approval
115 0&
~Le b
BRAZOS COUNTY, TEXAS
BUDGET AMENDMENT(S) FOR THE 2008-2009 BUDGET YEAR
NO. 08/09-3.1 thru 08/09-3.5
On this the 21st day of October, 2008 at a regular meeting of the Commissioners' Court, the following
members were present:
Randy Sims, County Judge, Presiding
Lloyd Wassermann, Commissioner, Precinct 1;
E. Duane Peters, Commissioner, Precinct 2;
G. Kenny Mallard, Commissioner, Precinct 3;
Carey Cauley, Jr., Commissioner, Precinct 4;
Karen McQueen, County Clerk.
The following proceedings were held:
THAT WHEREAS, on 21, October 2008 the Court heard and approved a budget amendment for the
2008-2009 budget year for Brazos County, Texas; and
WHEREAS, an expenditure is necessary due to the necessity to meet unusual and unforeseen
conditions which could not be reasonably included in the original budget adopted 19 September 2008, the
following amendment(s) to the original are hereby authorized, as described on the attached page(s).
ADOPTED AND APPROVED this the 21st day of October, 2008.
THE COMMISSIONERS' COURT OF BRAZOS COUNTY, TEXAS.
By:
Ungmal: County Clerk's Office and
attached to the original budget
Copies: County Auditor
County Treasurer
County Budget Officer
Commissioners' Court Minutes
Sims, County Judge
Jis 177
BRAZOS COUNTY, TEXAS
BUDGET AMENDMENTS
No. 08/09 - 3.1
1 n/94 innf!
FUND
DIV
ACCT
PROJ
DR/CR
ACCOUNT NAME
Increase
Decrease
0100
19000100
51300000
CR
Salary - Staff
10
097.50
0100
19000100
51630000
DR
Hourly - Part-Time
10,097.50
,
District Attorney's Office:
This budget amendment is based on agenda item #5 that was approved b the Commissioners' Court on 10/14/08.
The victim assistance coordinator position is going to be reclassified temporarily from full-time to art-time from
10/13/08 to 2/28/09.
qp F9-
Date
; 10115/2008!
-41
r, .
Dale'`
BRAZOS COUNTY, TEXAS
BUDGET AMENDMENTS
No. 08/09 - 3.2
.lnl9A innnn
FUND
3000
3000
3000
3000
0100
0100
DIV
1002000
ACCT
49028000
46052000
48047000
46052000
91320000
73560000
PROJ
DR/CR
DR
CR
DR
CR
CR
DR
ACCOUNT NAME
Transfer from General Fund
MPO - Contribution
Grant - MPO
MPO - Contribution
Transfer to Grants Fund
MPO - Coun Su ort
Increase
15,000.00
45,000.00
15,000.00
Decrease
15,000.00
45,000.00
15,000.00
MPO:
To correct the original budget of Fiscal Year 2009. The local funding support provided to MPO should have been budgeted in a
separate revenue line item. According to the interlocal agreement, MPO is getting fundin su ort of $15,000.00 each from
the Coun , A&M Universi , Ci of B an and Ci of Colle e Station in FY09.
Prepared f#y. {d
Date::' 1011412008
BRAZOS COUNTY, TEXAS
BUDGET AMENDMENTS
No. 08/09 - 3.3
ini2v2nnR
FUND DIV ACCT PROJ DR/CR ACCOUNT NAME Increase Decrease
4500 63000500 61620000 CR Subscriptions & Publications 500.00
4500 63000500 61680000 DR Trainin 500.00
Capital improvement Fund - Juvenile Services:
To reallocate funds to cover the trainin costs.
Prepared By.:a
Date: 1011512008
~Dep~itment Approval Date
_...II? 180
vah: Date
BRAZOS COUNTY, TEXAS
BUDGET AMENDMENTS
No. 08/09 - 3.4
A A/HA INnnn
FUND
4500
4500
0100
0100
DIV
63000500
11001500
ACCT
49028000
80890000
61130000
91110000
PROJ
DR/CR
CR
DR
CR
DR
ACCOUNT NAME
Transfer from General Fund
Vehicles
Contingency
Transfer to Capital Improvement Fund
Increase
2,546.00
2,546.00
2,546.00
Decrease
2,546.00
Capital Improvement Fund - Sheriff
Department:
Due to unforeseen circumstances, the dealership supplying the vehicles was not able to provide all the units of vehicles with enough
time in fiascal year 08 to allow for SO Dept. to et them outfitted. This budget amendment is to move funds from the County's
Contingency to the Capital Improvement Fund to cover the vehicle add-on costs that will be incurred on four units of vehicles purchased
for SO Dept. in FY08.
BRAZOS COUNTY, TEXAS
BUDGET AMENDMENTS
No. 08/09 - 3.5
10/21 /2nnR
FUND DIV ACCT PROJ DR/CR ACCOUNT NAME Increase Decrease
0100 20000100 71500000 CR Rental - Equipment 116.87
0100 20000100 65200000 DR Copier Maintenance 116.87
0100 20020000 71500000 CR Rental - Equipment 12.10
0100 20020000 65200000 DR Copier Maintenance 12.10
District Clerk Admin. Division and District Clerk Collections Department:
To reallocate funds to cover the copier maintenance costs in both divisions.
PERSONNEL
CHANGE OF STATUS REQUESTS
Commissioner Court Date: October 21, 2008
Department Submitting Information: Human Resources
Purpose of Submissions: Consider and Take Action on Change Requests
Department Submitting Employee Request Action Requested
Request(s) Applies To
District Attorney
Carter, Melissa
Transfer within Department
Sheriff's Office
Collins, Clyde E.
Martinez, Paul
See, Larry
Wallace, Hugh
Young, Terry
Promotion
Promotion
Budget Change
New Hire
Budget Change
Sheriffs Office- Jail
Melasky, Melissa
Transfer to Another Department
Treasurer's Office
Conlee, Cathy
Resignation
Approved in Commissioners' Court:
County Judge's or Commissioner's S
(This Copy to be attached to minutes;
~j L5~~,~.
INDIGENT HEALTH CARE CONTRACT
This Contract is between BRAZOS COUNTY (hereinafter "County") and the
BRAZOS VALLEY COUNCIL OF GOVERNMENTS (hereinafter "BVCOG").
The purpose of the Contract is to provide for the administration of the heath care
program for eligible Brazos County residents pursuant to the Indigent Health
Care and Treatment Act, Texas Health & Safety Code, Chapter 61 (the "Act").
The parties mutually agree as follows:
In compliance with the Indigent Health Care and Treatment Act, Brazos County
agrees to provide basic health care assistance to eligible Brazos County
residents by reimbursing providers of services to households who meet the
requirements of the Act, the Texas Department of State Health Services
regulations and the Texas Administrative Code Title 25, Chapter 14. Brazos
County enters into this agreement with the BVCOG to share the costs of the
regional administration of the Indigent Health Care Program.
RATES FOR REIMBURSEMENT
The County agrees to pay the County's share of the cost of the administration of
the County Indigent Health Care (CIHC) Program for eligible Brazos County
residents. BRAZOS COUNTY agrees to pay BVCOG $ 96,700.00
for the 2009 fiscal year, October 1, 2008 through September 30, 2009 in
quarterly installments.
RESPONSIBILITIES OF BVCOG
For and in consideration of the funding provided by the County, the BVCOG
agrees to administer the Brazos County Indigent Health Care Program in
compliance with the Act and pursuant to the regulations of the Texas Department
of State Health Services and the Texas Administrative Code, Title 25, Chapter
14, by providing:
1. Written minimum eligibility standards and application, documentation,
and verification procedures to determine eligibility for indigent health
care under the Act.
2. An annual review no later than the beginning of a state fiscal year of
the county eligibility standards and a reasonable notice of the
standards to the public.
3. An application procedure including forms and notification of the
procedure to the public.
)84
4. Intake services in Brazos County at least once a month.
5. Assistance to applicants in the accurate completion of the application
process including all needed verifications, documentation, and
supplemental information.
6. Screening, assessment, and determination of each applicant's
eligibility for indigent health care.
7. An explanation to the applicant, if approved, of the obligation to report
any change in income or resources that might affect the applicant's
eligibility and the possible penalties under the law for failure to report
such a change.
8. A decision regarding acceptance or denial of the application not later
than the 14th day after the date on which the BVCOG receives a
complete application, and a written notification of the decision to the
applicant, including the reason for any denial, the process for re-
submitting an application at any time circumstances justify a re-
determination of eligibility, and an explanation of the appeals'
procedure.
9. An administrative hearing procedure with appropriate due process
considerations, notification forms, and an appeals process for
individuals or households whose application has been denied.
10. Retention of all records relating to an application at least until the end
of the third complete state fiscal year following the date on which the
application is submitted.
11. A response to all inquiries regarding the Program pursuant to the
Texas Public Information Act, Texas Government Code Chapter 552.
12. Reasonable access by the Brazos County Auditor for audit purposes
to financial records relating to the administration and operations of the
program which resulted in payment by the County to BVCOG or to
providers.
13. An annual written review of the Program's management and
operation.
2
14. A review of the eligibility of each household at least once every six (6)
months.
15. A list of eligible Brazos County residents distributed to each provider
once every six (6) months.
16. A review of all bills submitted to BVCOG by the Provider (s) to verify
accuracy and the eligibility of the patient.
17. Remittance to the County of bills that have been reviewed and
approved for payment to the provider.
RESPONSIBILITIES OF THE COUNTY
For and in consideration of the services provided by BVCOG, the County will
provide:
1. Payment in accordance with the payment standards of the Act for
services determined by BVCOG to be an accurate rendering of
services to an eligible patient.
2. Payment of BVCOG'S cost to administer Brazos County's portion of
the indigent health care program on a quarterly basis.
3. An audit of the Program.
4. Responsibility for payment of services in accordance with the
Indigent Health Care and Treatment Act.
5. Payment for Brazos County's pro rata share of outside audit
services, if necessary.
TERM
This Contract is for one (1) year, from October 1, 2008 until September 30, 2009.
CANCELLATION
This Contract may be cancelled by either of the parties hereto upon Sixty (60)
days written notice.
ALTERNATIVE DISPUTE RESOLUTION
The parties agree that, in the event that suit is filed by either of them based on or
pertaining to this contract, they shall submit this dispute to mediation as
3
15 il~ ~S, -J&
described in Section 154.023 of the Texas Civil Practices and Remedies Code.
The parties further agree that the results of the mediation will not be binding on
the parties. The parties shall have the right to undertake proceedings in a court
of proper jurisdiction.
INDEMNITY
Any monetary loss suffered by the County from Ineligible clients, mistake, fraud
or other conditions can be recovered from the BVCOG only to the extent allowed
by the BVCOG's insurer.
AMENDMENT
This Contract shall be automatically amended by the amendments made to the
Act by the State Legislature. In all other respects, this Contract may be modified,
amended, altered or extended only by a written amendment signed by the
parties.
GOVERNING LAW
This Contract shall be executed in and shall be governed by the laws of the State
of Texas. Venue shall be in Brazos County, Texas.
FURTHER ASSURANCES
Each party hereto agrees to perform any further acts and to execute and deliver
any further documents, which may be necessary to carry out the provisions of
this contract.
SEVERABILITY
If any clause or provision hereof is invalid, unenforceable or illegal under present
or future laws, or held to be invalid by a court of competent jurisdiction, the
validity and enforceability of the remaining provisions or portions hereof shall not
be affected.
ENTIRE CONTRACT
This Contract contains the entire agreement between the parties. There are no
representations, agreements, arrangements or understandings, oral or written,
between or among the parties hereto, relating to the subject matter of the
Contract, which are not fully expressed herein.
III 197 4
EFFECTIVE the 1St day of October 2008.
BRAZOS COUNTY
By:
Judge andy Sims
Bra s County
BRAZOS VALLEY COUNCIL OF
By
Tom Wilkins
Execut' irectorr; -BC%COG
L --10
Date: o J v
RNMENTS
Date: 1 y
s
INTERLOCAL AGREEMENT
FIRE PROTECTION SERVICE
THIS INTERLOCAL AGREEMENT is hereby made and entered into this,/day of
2008, by and between the BRAZOS COUNTY PRECINCT 3
VOLUNTEER FIRE DEPARTMENT, INC ("Department") and BRAZOS COUNTY,
TEXAS, ("County"), each acting by and through its duly authorized agents;
WHEREAS, the County is authorized to contract with an unincorporated volunteer fire
department to provide fire protection pursuant to Local Government Code §352.001; and
WHEREAS, the County believes it more cost effective to contract with a volunteer fire
department than to purchase equipment and operate a County fire department; and
WHEREAS, the Department has the personnel and equipment to provide such services
and would benefit by the payment of funds by the County.
NOW, THEREFORE, the parties, in consideration of the mutual covenants and
conditions contained herein, agree as follows:
SCOPE
Department shall provide Fire Protection Services to any person who requests it within
the confines of Precinct 3, as described on Exhibit "A" attached hereto and made a part
hereof for all purposes; provided however, if assistance is requested by other volunteer
fire departments for Precinct 1, 2, and 4 it shall provide services in these areas, if
possible. A more detailed map of the various Fire Districts can be obtained at the Brazos
County Appraisal District at 1673 Briarcrest Drive, Suite A-101, Bryan, Texas 77802,
and the parties agree to use the records maintained by that office if a question about the
boundaries of the Precincts should arise.
2. All requests for services under this Agreement shall be through the 9-1-1 Emergency
Communications District, which dispatches fire protection units for the County.
3. Department will maintain fire fighting equipment and certified personnel in compliance
with Subchapter D of Chapter 419, Government Code. The condition of equipment
provided hereunder is the sole responsibility of its Department. If the equipment is
damaged or destroyed, the financial responsibility is the Department's and may be
recovered through insurance acquired by the Department, or through any other resources
available to the Department. The County is not responsible for damage to equipment or
injury to any person, or for the actions of the Department except as expressly provided in
this agreement.
Pct. 3 VFD Contract i I I U / Page 1 of 4
PAYMENTS
4. County agrees to provide the budget appropriations necessary to fund Department at its
present level of service and shall pay Department the sum of Twenty-nine Thousand and
no/100 Dollars ($29,000.00) upon execution of this contract.
5. The County shall make all payments to Department for these services from current
revenues.
TERM AND TERMINATION
6. This Agreement shall be for a term of one (1) year commencing on October 1, 2008, and
terminating at midnight on September 30, 2009; provided however, this contract shall
automatically renew for additional, successive one (1) year terms at the expiration of the
preceding term unless earlier terminated by either party as set froth below. Such Annual
Renewal Terms shall be on identical terms and conditions as set forth herein, except the
Parties may agree in writing to an increase or decrease in the amount of funding set forth
in paragraph 4 hereof. Either party to this Agreement shall have the right to terminate
this Agreement, without cause, upon thirty (30) days written notice of such termination.
Should the Agreement be terminated, the rights and obligations of the Parties hereunder
shall terminate, except that the rights and obligations of the Parties that have accrued
under this Agreement prior to the date of termination shall survive. In the event of a
termination, the fee payable pursuant hereto shall be adjusted on a pro-rata basis and
refunded within thirty (30) days of such termination.
NOTICES
7. All notices issued between parties to this Agreement shall be in writing. All notices shall
be deemed given on the date personally delivered, faxed, or deposited in the U.S. Mail to
the following parties:
Department: Brazos County Pct. 3 VFD
P.O. Box 5453
Bryan, Texas 77805-5453
Attn: Gerald Burnett, Fire Chief OR
Greg Cross, President
County: Brazos County
200 South Texas Ave., Ste. 332
Bryan, Texas 77803
Attn: Randy Sims, County Judge
Pct. 3 VFD Contract I IE ) q (q Page 2 of 4
DEFENSE OF CLAIMS
8. If any parry to this contract is sued by any third party for any acts or omissions arising
from the performance of this Agreement, the parties agree that the provision of fire
protection services is a governmental function, and pursuant to Local Government Code
§352.004, which provides that when fire protection is provided outside the municipalities
in a county, it is an act of the County, the Department and its personnel are considered
agents of the County. However, nothing in this Agreement shall be construed as making
either Party responsible for the payment of compensation and/or any benefits for the
other Party including health, property, motor vehicle, workers' compensation, disability,
death, and dismemberment insurance for the other Party's employees and/or equipment.
Nothing in this Agreement shall be construed as making the requesting Party responsible
for wages, materials, logistical support, equipment, and related travel expenses incurred
by the responding Party.
9. The County does not waive or relinquish any immunities or defense it has under law, on
behalf of itself, its officers, employees or agents as a result of its execution of this
Agreement and the performance of the covenants herein.
MISCELLANEOUS PROVISIONS
10. If any provision of the Agreement shall be held to- be invalid, illegal, or unenforceable by
a court or other tribunal of competent jurisdiction, the validity and enforceability of the
remaining provisions shall not in any way be affected or impaired thereby. The parties
shall use their best efforts to replace the respective provisions or provisions of this
Agreement with legal terms and conditions approximating the original intent of the
Parties.
11. This Agreement is the entire agreement between the Department and the County relating
to the provision of fire protection services and supersedes any and all prior agreements,
arrangements, or understandings, whether written or oral.
12. This Agreement is for the benefit of the parties to the Agreement, and does not confer
any rights on any third parties.
13. No Amendment to this Agreement shall be effective and binding unless and until it is .
reduced to writing and signed by the authorized representatives of all parties.
14. This Agreement has been made under and shall be governed by the laws of the State of
Texas. This Agreement and all matters related thereto shall be performed in Brazos
County, Texas. The venue of any lawsuits arising out of this Agreement shall be in
Brazos County, Texas.
Pct. 3 VFD Contract 11-S Page 3 of 4
1 11
15. Failure of any Party at any time, to enforce a provision of this Agreement, shall not
constitute a waiver of that provision, nor in any way affect the validity of this Agreement
or the right of any party thereafter to enforce each and every provision hereof. No term of
this Agreement shall be deemed waived or breach excused unless the waiver shall be in
writing and signed by the Party(ies) claimed to have waived. Furthermore, any consent to
or waiver of a breach will not constitute consent to or waiver of or excuse of any other,
different or subsequent breach.
16. It is understood and agreed that this Agreement may be executed in a number of identical
counterparts, each of which shall be deemed an original for all purposes.
17. Recipient shall furnish to the County Auditor, at a minimum, documentation indicating
the use of funds received from the County. The County's Auditor may require the
recipient to provide information necessary for the Auditor to properly account for all
funds expended or received by the entity.
This Agreement shall be effective when signed by the last party whose signing makes the
Agreement fully executed.
Brazos County Pct. 3 VFD
By.
Greg C oss, P ent
Date: to (D -
Brazos
By:
County Judge
Date: /U
ATTEST:
By:
Karen McQueen, County Clerk
Pct. 3 VFD Contract f I 11 •7
Page 4 of 4
CONTRACT
THIS CONTRACT IS ENTERED INTO BY AND BETWEEN BRAZOS COUNTY, TEXAS,
acting by and through its duly elected County Commissioners (hereinafter "County"), and the BRAZOS
MATERNAL & CHILD HEALTH CLINIC, INC. (hereinafter "Provider"), located at 3370 South Texas
Avenue, Suite G, Bryan, Texas 77802,
RECITALS:
and
WHEREAS, the medical care ofthe County's poor and indigent has become a growing problem;
WHEREAS, the County recognizes that good medical care of pregnant women results in
healthier babies and less costly medical expenses incurred for the child in the future by the parents and
the Community; and
WHEREAS, the Court is interested in promoting such care through the Provider,
NOW THEREFORE the parties above stated agree to the following terms and conditions to
provide such indigent health care.
TERM
This contract shall continue in force and effect for a term oftwelve (12) months commencing on
the 1 st day of October 2008 and terminating 30th day of September 2009.
CANCELLATION
This contract maybe canceled by any of the parties hereto upon sixty (60) days written notice as
provided herein.
SERVICES TO BE PERFORMED BY PROVIDER
Provider shall provide the following services through trained, salaried staff to pregnant women
who qualify for such services pursuant to the guidelines currently implemented for making such
determination: interviews, lab work, physical exams, educational information and medicine as needed
(herein "Services").
USE OF COUNTY FUNDS
Funds to be furnished to Provider as stated herein below shall be used to pay the partial salary of
the Director of Provider and the salaries of other staff as described in Enclosure (1) attached hereto and
made a part hereof for all purposes. The County and Provider acknowledge that the County's purpose in
providing funds hereunder is to provide medical assistance to qualified applicants and that the funding of
salaries for the trained personnel of Provider is designed to accomplish that goal.
Brazos Maternal & Child Health Clinic, Inc.
Contractual Agreement FY 09
Page 2
COUNTY'S LIABILITY FOR PAYMENT
The County agrees to reimburse the Provider for actual cost of the salaries as stated on Exhibit
"A" up to a maximum of and No/100 Dollars ) for the term ofthis
Contract.
This sum shall be paid upon the following dates and in the following amounts:
December 15, 2008 $ .00
March 15, 2009 $ .00
June 15, 2009 $ .00
September 15, 2009 $ .00
RESPONSIBILITIES OF PROVIDER
Provider will be responsible for providing the following Services pursuant to this Contract:
1. All necessary application forms to potentially eligible individuals.
2. Obtaining and compiling information on each applicant for Providers Services with
regard to residency and financial qualifications.
3. Maintaining this Contract.
4. Providing of the Provider's Services.
5. Maintaining data files on clients and the Services provided thereto.
6. Respond to all and any inquiries by the County regarding the Clinic and its Services.
7. Assist the County with information needed for audit purposes.
8. Provide the County with quarterly financial statements.
9. Provide the County with any and all certified audits of Provider and the management
letter prepared in connection therewith.
10. Provide financial statements evidencing how County funds are spent. Such statements to
be submitted to County one week prior to the funding dates set forth herein above.
11. Provide the Court with statistics evidencing the number of Brazos County residents using
Brazos Maternal & Child Health Clinic, hic.
Contractual Agreement FY 09
Page 3
the Provider's Services and the percentage Brazos County residents comprise ofthe total
population using Provider's Services.
RESPONSIBILITY OF COUNTY
The County shall be responsible for the following duties and requirements:
Provide current County funds for the payment of the consideration stated herein.
2. Conduct a review ofthe Provider's performance in providing the Services to be provided
hereunder in order to assess County's continued participation in the funding of the
Provider.
RECORD RETENTION
The Provider shall be responsible for record keeping on all Services provided to those individuals
using its services and all financial records of the Clinic. The Provider agrees to maintain and make
available for inspection by the County upon request consistent with personal privacy and subject to the
limitation of state law, any and all records the County determines, in its sole discretion, to be necessary
for the Court to justify its continued participation in supporting the Provider with funding. Such records
shall be retained for at least four (4) years from the date the service was provided. These records shall
be made available for inspection and audit by the County, if it so desires.
DISCRIMINATION
The Provider shall not discriminate against any employee or applicant for employment because of
race, color, religion, sex, or national origin. The Provider shall take affirmative action to ensure that
applicants who are employed are treated during employment, without regard to their race, color, religion,
sex, or national origin. Such action shall include, but not be limited to, the following: employment,
upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rated of
pay or other forms of compensation; and selection for training, including apprenticeship. The Provider
agrees to post in conspicuous places, available to employees and applicants for employment, notices
setting forth the provisions of this nondiscrimination clause.
INSURANCE
The parties hereto agree that the Provider shall be an independent contractor and not any
employee or agent of the County and that each shall maintain at its own expense, adequate liability
insurance to insure against damages and liabilities which may arise due to the duties and obligations
contracted for herein.
COUNTY INVOLVEMENT
The County and Provider state that to the best oftheir knowledge, no officer, agent or employee
of the County who exercises any function or responsibility in connection with the carrying out of this
3
0115w. E t.~~ ~~5
Brazos Matemal & Child Health Clinic, Inc.
Contractual Agreement FY 09
Page 4
Contract or the Services to which it relates has personal interest direct or indirect, in this Contract.
GOVERNING LAW
This Agreement shall be executed in and shall be governed by the laws of the State of Texas.
NOTICES
All notices required to be given hereunder shall be deemed to be duly given by delivering such
notice or by mailing it, registered mail to the other party at the following addresses:
BRAZOS MATERNAL & CHILD HEALTH CLINIC, INC.
3370 SOUTH TEXAS AVE, SUITE "G"
BRYAN, TEXAS 77802
BRAZOS COUNTY
CIO COMMISSIONERS COURT
BRAZOS COUNTY COURTHOUSE
300 E. 26TH Street, Suite 114
BRYAN, TEXAS 77803
FURTHER ASSURANCES
Each party hereto agrees to perform any further acts and to execute and deliver any further
documents, which may be necessary to carry out the provisions of this Agreement.
INFORMATION FURNISHED BY THE RECIPIENT
Recipient shall furnish to the County Auditor, at a minimum, documentation indicating the use of
funds received from the county. The County's Auditor may require the recipient to provide
information necessary for the Auditor to properly account for all funds expended or received by the
entity.
SEVERABILITY
In the event that any of the provisions or portions thereof, of this Agreement, are held to be
unenforceable or invalid by any court of competent jurisdiction, the validity and enforceability of the
remaining provisions or portions thereof shall not be affected thereby.
ENTIRE AGREEMENT
This Agreement contains the entire understanding between the parties hereto concerning the
subject matter contained herein. There are no representations, agreements, arrangements, or
understandings, oral or written, between or among the parties hereto, relating to the subject matter
4
i_'~__ i
Brazos Maternal & Child Health Clinic, Inc.
Contractual Agreement FY 09
Page 5
of the Agreements, which are not fully expressed herein.
ASSIGNABILITY
This Contract is not assignable by the Provider without the prior written consent of the
County.
DATED this ,2/4y f-OW 2008.
Brazos
SIMS, Judge
ATTEST:
Brazos Maternal & Child
Health Clinic, Ipc.
By:
Steve Koran, Executive Director
By:
Jerry L Fo3k President
p 5 G
±.'~~~FS is I ` !
0.4
-7
Brazos Maternal & Child Health Clinic, Inc.
Contractual Agreement FY 09
Page 6
Exhibit "A"
SALARY AND RELATED EMPLOYER EXPENSES
Executive Director
Base Salary $63,654.00
Benefits 4,570.32
Billing Clerk
Base Salary 26,613.00
Benefits 3,773.40
Receptionist
Base Salary 16,068.00
Benefits 3,773.40
TOTAL EXPENSES $118,452.12
6
IIS I~8
Po
invent
SIGNATURE AUTHORIZATION METHOD (SAKI)
The Signature Authorization Method (SAM) may be used to order Hewlett-Packard Company (HP) Support Services ONLY IF A
PURCHASE ORDER IS NOT REQUIRED TO AUTHORIZE SERVICE DELIVERY AND REMIT PAYMENT.
(1) Customer Information
Company Name
BRAZOS COUNTY DEPT OF IT
Bryan TX 77803-3980
(2) Contract Information - Check the HP Reference number to accept one quote, or the AMP ID to accept all quotes attached:
[ ] HP Reference Number: 42261070 [ AMP ID: ML135040133
Support Account Reference: BRAZOSDOINTOV Coverage Period: 11/01/2008 - 10/31/2009
**The enclosed Support Account Overview dated on 09/12/2008 summarizes the quotes contained within the above AMP ID.
Please check if applicable:
[ ] This contract is accepted with no revisions. If revisions are required, please contact your Contract Admin. A quote will be re-issued to
reflect your changes and associated pricing, if any. A new SAM form will be provided for your authorization.
[ ] Check here if your authorization is open-ended. This Support Agreement is for the period stated on HP's quote. It will be extended
without modification by consecutive terms of 12 months unless one of the parties gives written notice in accordance with the underlying
business terms prior to the end of the respective 12 months.
If modifications of the Support Agreement are necessary, HP will notify Customer in writing 60 days before the modifications are
effective. Customer may terminate this Support Agreement within 30 days from receipt of notice. If Customer does not exercise this right
of termination, this Support Agreement will be continued to the end of the current term with the modifications, and extended by
consecutive 12-month term. Re-pricing will occur automatically without further authorization.***
(3) Tax Information
[ ] Taxable [ ] Tax Exempt Exemption # (Attach copy of certificate)
(4) Payment Method Do not enclose Payment. Please select one of the following:
[ ] Bill me: [ ] Annually [ ] Quarterly(must exceed $2400 annually)
[ ] Semi-Annually(must exceed $2400 annually) [ ] Monthly(must exceed $2400 annually)
Equipment Location Address
202 E 27th St Ste 102
[ ] Charge my credit card. Check one:[ ] Visa [ ] Mastercard [ ] American Express
Credit Card Number Exp.Date Cardholder Name(Print) Cardholder's Signature
(5) Service Authorization and Terms and Conditions
Customer's signature o orm constitutes authorization for HP to invoice Customer for the service represented in the document(s)
referred in ) above. Subject to HP Single Order Terms for Support or purchase agreement with HP and if applicable, Exhibit
E2 ce uires 30 ys written notice. Payment is due 30 days from HP's invoice date.
Authori~Signature 15ate Invoice-To Address (if different from Equipment Location)
Address
(6) Completed form should be returned to:
Hewlett-Packard Company Tristan Crowder
8000 Foothills Blvd (800) 386-1115 53803
Roseville, CA 95747 (800) 307-0361 (FAX)
Phone/Fax
-115 I`~q
Support Account Overview
11419]®
i n v. n t
AMP ID: ML135040133
Special Terms and Conditions No: DIRBUSOP
Customer Address:
BRAZOS COUNTY DEPT OF IT
205 E 27TH ST
BRYAN TX 77803-3980
Hewlett-Packard Address:
HEWLETT-PACKARD COMPANY
8000 Foothills Blvd
Roseville CA 95747
Customer Contact:
A. LEE
Tel: (979)361-4310
Fax:
E-mail anita@co.brazos.tx.us
The quoted prices are valid for 90 days from: 0810312008
HP Contact:
Tristan Crowder
Tel: (800) 386-1115 53803
Fax: (800) 307-0361
E-mail TRISTAN.CROWDER@HP.COM
For more information on the format of this document visit www.hp.com/go/hpsdocs
Subject to HP Single Order Terms for Support or purchase agreement with HP and if applicable, Exhibit E24.
Your Support Access Options:
Visit our web site at <www.itrc.hp.com> for IT Professionals or <www.hp.com/go/bizsupport> for Business Professionals
Visit <www.esca.hp.com> to manage service agreement online or register to use Support Contract Assistant (SCA)
For Support, please call: 800-633-3600
Please have your Service Agreement ID and Product#/Serial# available to expedite your support experience.
Support Account Reference Service Coverage Period Description Contract Total/USD
Agreement ID From: To:
BRAZOSDOINTOV 1032 4378 7007 11/01/2008 10/31/2009 OV NT & XSYS (3Y6)
BRAZOSDOMP5430 1032 6290 3743 11/01/2008 10/31/2009 USE4327N7N & USE4327N7P
Total Excluding Taxes 205 E 27TH ST., BRYAN, TX 77803
Summary of Charges
Hardware Support
Software Support-Labor
Software Support-Materials
Total Excluding Taxes
Total excludes all taxes. If applicable, taxes will be added at the time of invoicing at the current tax rate.
Total price includes all additions, deletions, warranties, discounts and adjustments if applicable.
Refer to the detail document for any applicable state & local tax
Vol. Pg.
6,962.52
18,415.12
25,377.64
15,061.08
5,650.36
4,666.20
25,377.64
Please refer to the payment schedule for prices to be invoiced yearly in advance.
Print Date 09/12/2008 Page I / 8
Support Account Detail
Special Terms and Conditions No: DIRBUSOP
Your PO Reference:
CCRN Number: 0324378704
Equipment Address:
BRAZOS COUNTY DEPT OF IT
202 E 27th St Ste 102
Bryan TX 77803-3980
Support Account Reference:
BRAZOSDOINTOV
HP Reference Number: 42261070
Software Update Address:
BRAZOS COUNTY
IT DEPT
205 E 27th St
Bryan TX 77803-3988
Hardware Contact: Software Contact:
A. LEE A. LEE
Tel: (979)361-4310 Tel: (979)361-4310
Fax: Fax:
The quoted prices are valid for 90 days from: 08/03/2008
Coverage from: 11/01/2008 to: 10/31/2009
Service Agreement ID: 1032 4378 7007 For Support, please call: 800-633-3600
[4P]®
i n r e n t
Product No. Description Serial No. Coverage Period Qty Price/USD
from: to:
HA107AC
HP Software 24x7 Support
Software Supp
ort
HP Software Technical Unlimited Support
SW Technical Support
SW Electronic Support
24 Hrs Std Office Days
24 Hrs Day 6
24 Hrs Day 7
Holidays Covered
Standard Response
B6957BA
HP Data Prot 61-250 Slots Library LTU
1
78.62
B6953AA
HP Data Prot One Drv UNDUNAS/SAN LTU
2
84.90
B6951AA
HP Data Prot Start Pk for HP-UX DVD LTU
2
95.92
B6963AA
HP Data Prot Windows/Netware/Linux LTU
4
34.60
B6961AA
HP Data Prot Start Pk Windows DVD & LTU
4
47.16
HP Software Updates Service
License to Use & SW Updates
SW Updates on CD
Doc Updates on Paper
B6957BA
HP Data Prot 61-250 Slots Library LTU _
1
55.03
B6960BA
OV Omniback 4.x all media & manuals
1
0.00
B6953AA
HP Data Prot One Drv UNDUNASLSAN LTU
2
59.76
B6951AA
HP Data Prot Start Pk for HP-UX QVD LTU
2
67.62
B6963AA
HP Data Prot Windows/Netware/Linux LTU
4
25.16
B6961AA
HP Data Prot Start Pk Windows DVD & LTU
4
31.44
Please t t t schedule for prices t invoiced in advance.
Printed on: 09/1212008 Page: 2 / 8
For more information on the format of this document visit www.hp.com/go/hpsdocs
Support Account Detail
Special Terms and Conditions No: DIRBUSOP
Your PO Reference:
CCRN Number: 0326290374
Equipment Address:
BRAZOS COUNTY DEPT OF IT
202 E 27th St Ste 102
Bryan TX 77803-3980
Hardware Contact:
A. LEE
Tel: (979)361-4310
Fax:
The quoted prices are valid for 90 days from: 08/03/2008
Coverage from: 11/01/2008 to: 10/31/2009
Support Account Reference:
BRAZOSDOIRP5430
HP Reference Number: 42261074
Software Update Address:
BRAZOS COUNTY
IT DEPT
205 E 27th St
Bryan TX 77803-3988
Software Contact:
A. LEE
Tel: (979)361-4310
Fax:
Service Agreement ID: 1032 6290 3743 For Support, please call: 800-633-3600
i n v e n t
Product No. Description Serial No. Coverage Period Qty Price/USD
from: to:
t-omment: i nis quotation contains hardware product that may go end of support during the contract period and may qualify for continued support under HP#s
Mature Hardware Onsite Support. For more information please visit http://h202l9.www2.hp.com/services/cache/10698-0-0-225-121.html
or speak with your HP Sales Representative.
Master Agreement # DIR-BUSOP-178 terms and conditions apply. DIR-BUSOP-178 to be included on PO.
Dirbusop-178 Terms and conditions override HP standard terms and conditions.
HA109AC HP Support Plus Service
Hardware Support
HP Hardware Maintenance Onsite Support
Hardware Problem Diagnosis
Onsite Support
Parts and Material provided
4 Hr Onsite Response
13 Hrs Std Office Days
Travel Zone 3
A6797B
HP server rp5430 Enterprise Solution
USE4327N7N
1
154.98
A6797B
HP server rp5430 Enterprise Solution
USE4327N7P
1
154.98
A6889A
HP server rp2430 1-way 650MHz Solution
USE4327N7S
1
35.49
A6890A
HP server rp2470 Solution
USE4327N7R
1
55.04
A6152A
PA8700+ 875MHz CPU for HP server rp54X0
6F20320016
1
51.42
A6152A
PA8700+ 875MHz CPU for HP server rp54X0
6F20320017
1
51.42
A6152A
PA8700+ 875MHz CPU for HP server rp54X0
6F20320011
1
51.42
A6152A
PA8700+ 875MHz CPU for HP server rp54X0
6F20320015
1
51.42
A6696B
Embedded UO for HP server rp54X0 system
1
0.00
A6696B
Embedded UO for HP server rp54X0 system
1
0.00
A6799A
Processor Support Module for PA8700 CPU
6303061679
1
0.00
A6799A
Processor Support Module for PA8700 CPU
6303060933
1
0.00
Printed on: 09/12/2008 Page: 4 / 8
For more information on the format of this document visit www.hi).com/eo/hnsdocs
Special Terms and Conditions No: DIRBUSOP
Your PO Reference:
CCRN Number: 0326290374
IM:I"
invent
Product No. Description Serial No. Coverage Period Qty Price/USD
from: to:
SW Electronic Support
13 Hrs Std Office Days
Standard Response
A6797B
HP server rp5430 Enterprise Solution
USE4327N7N
1
15.10
A6797B
HP server rp5430 Enterprise Solution
USE4327N7P
1
15.10
A6889A
HP server rp2430 1-way 650MHz Solution
USE4327N7S
1
10.07
A6890A
HP server rp2470 Solution
USE4327N7R
1
15.95
A6152A
PA8700+ 875MHz CPU for HP server rp54X0
6F20320016
1
10.07
A6152A
PA8700+ 875MHz CPU for HP server rp54X0
6F20320017
1
10.07
A6152A
PA8700+ 875MHz CPU for HP server rp54X0
6F20320011
1
10.07
A6152A
PA8700+ 875MHz CPU for HP server rp54X0
6F20320015
1
10.07
A6795A
PCI 2GB Fibre Channel Adapter
6A00059597
1
0.00
A6795A
PCI 2GB Fibre Channel Adapter
6A00059574
1
0.00
A6795A
PCI 2GB Fibre Channel Adapter
6A00059776
1
0.00
A6795A
PCI 2GB Fibre Channel Adapter
6A00059954
1
0.00
B9091AC
HP-UX HP9000 EOE w/o Sys PCL LTU
4
32.28
189715-002
SANworks Mgmt App US
D325FK34HO48
12/31/2008 1
5.30
Please note HP can no longer support this item from: 12/31/2008
HP Software Updates Service
License to Use & SW Updates
SW Updates on CD
Doc Updates on CD
A6797B
HP server rp5430 Enterprise Solution
USE4327N7N
1
14.27
A6797B
HP server rp5430 Enterprise Solution
USE4327N7P
1
14.27
A6889A
HP server rp2430 1-way 650MHz Solution
USE4327N7S
1
10.07
A6890A
HP server rp2470 Solution
USE4327N7R
1
15.95
A6152A
PA8700+ 875MHz CPU for HP server rp54X0
6F20320016
1
10.07
A6152A
PA8700+ 875MHz CPU for HP server rp54X0
6F20320017
1
10.07
A6152A
PA8700+ 875MHz CPU for HP server rp54X0
6F20320011
1
10.07
A6152A
PA8700+ 875MHz CPU for HP server rp54X0
6F20320015
1
10.07
A6795A
PCI 2GB Fibre Channel Adapter
6A00059597
1
0.00
A6795A
PCI 2GB Fibre Channel Adapter
6A00059574
1
0.00
A6795A
PCI 2GB Fibre Channel Adapter
6A00059776
1
0.00
A6795A
PCI 2GB Fibre Channel Adapter
6A00059954
1
0.00
A5230A
PCI 10/10013ase-T LAN Adptr
SNAC123UK5
1
0.00
A5230A
PCI 10/10013ase-T LAN Adptr
SNAC 123UER
1
0.00
A5230A
PCI 10/10013ase-T LAN Adptr
SNAC123TCK
1
0.00
A5230A
PCI 10/10013ase-T LAN Adptr
SNAC123TDE
1
0.00
A6825A
PCI I000Base-T Gigabit Ethernet Adpt
HYLR4CD774
1
0.00
A6825A
PCI I000Base-T Gigabit Ethernet Adpt
HYLR4CD779
1
0.00
A6825A
PCI I000Base-T Gigabit Ethernet Adpt
HYLR4CD79C
1
0.00
A6825A
PCI I000Base-T Gigabit Ethernet Adpt
HYLR4CD79B
1
0.00
B9091AC
HP-UX HP9000 EOE w/o Sys PCL LTU
4
55.00
B7993AA
HP-UX l Ii vl HP9000 EOE Media
2
0.00
B7993AA#ABA
HP-UX Ent. OE Svr Media, U.S. local
2
0.00
Please refer to the payment schedule for prices to be invoiced earl in advance.
Printed on: 09/12/2008 Page: 6 / 8
For more information on the format of this document visit www.hp.com/go/hpsdocs
Special Terms and Conditions No: DIRBUSOP
Your PO Reference:
CCRN Number: 0326290374
Product No. Description Serial No. Coverage Period Qty Price/USD
from: to:
Discounts
Multi-Year Hdr Disc% -8% 27.04-
SW Spec Neg DiscHdr% -5% 15.12-
Pre Payment HdrDisc% -4% 11.81-
Summary of Charges
Hardware Support
1,255.09
Hardware Support Tax TX
0.00
Software Support-Labor
134.08
Software Support-Labor Tax TX
0.00
Software Support-Materials
149.84
Software Support-Materials Tax TX
0.00
TOTAL INCLUDING TAX
1,539.01
Taxes have been added at current rate, however, tax rates will be those in effect at the time of invoicing.
Total price includes all additions, deletions, warranties, discounts and adjustments if applicable.
Vol. / 15 P9. a42 fi
Please refer to the payment schedule for prices to be invoiced earl in advance.
Printed on: 09/12/2008 Page: 7 / 8
For more information on the format of this document visit www.hp.com/go/hpsdocs
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BRAZOS COUNTY
COMMISSIONERS' COURT ACTION FORM
DEPARTMENT Road and Bridge NUMBER 56001000
DATE OF COURT MEETING: October 21, 2008
ITEM: Request from Wickson Creek Special Utility District to construct a road bore for water line
installations in the right of way of Golden Trail (to provide service to address #6939). Site is
located in precinct 3.
SOURCE OF FUNDS: N/A
REQUIREMENTS:
1. No work will be permitted between front slope and/or back slope.
2. All installation(s) shall be constructed in designated utility easements, if applicable. If no
utility easement exists, the installation(s) shall be 1) within 3-5' of and parallel to the right-
of-way line and/or 2) in the case of a road bore, perpendicular to the right-of-way line.
3. If clearing of brush, trees and other obstruction is necessary, it shall be the Applicant's
responsibility to do so and to remove all cleared brush, trees etc. from county right-of-way.
4. Ditch line shall be compacted to 90% standard density ASTM-Test Method No. D-698; test
shall be conducted by an independent geotechnical testing firm; copies of all test results shall
be furnished to the office of the Brazos County Engineer.
5. Construction shall be in strict conformance to the latest Texas Manual of Uniform Traffic
Control Devices for Streets and Highways, published by the Texas Department of
Transportation, and all other State and Federal laws governing utility construction.
NOTES/EXCEPTIONS:
ACTION REQUESTED OR ALTERNATIVES:
SUBMITT BY: APPROVED BY:
Richard F. Vance, P.E. Commissionei< nny Mall
County Engineer Precinct 3
CC2008-070
This Request is Approved d ❑ by Commissioners' Court
Date: /n X,
Randy SiY , County Judge
i» 0?
REQUEST FOR PROPOSED INSTALLATION IN COUNTY RIGHT-OF-WAY
TO THE COMMISSIONERS' COURT OF BRAZOS COUNTY, TEXAS
BRAZOS COUNTY COURTHOUSE
BRYAN, TEXAS 77803
Formal notice is hereby given that (applicant) Wickson Creek Special Utility District
proposes to place a (type) Waterline within across x the right-of-way of
(road) 3690 Golden Trail in Brazos County, Texas as follows:
The location or description of the proposed installation is more fully shown by 3
copies of the drawings attached to this notice.
I understand and agree that:
1. The County Engineer must be notified 72 hours prior to the beginning
of construction in order that he, or his designated inspector, may
inspect the actual installation.
2. All damage to the roadways and rights-of-way will be repaired to their
original condition to the satisfaction of the County Engineer.
3. Brazos County reserves the right to require Applicant to relocate or
lower any such line at no cost to Brazos County, should same
become necessary due to widening or lowering, or other alteration of
the roadway or right-of-way.
4. Brazos County will in no way be responsible for any damage which
might occur to any existing utility lines in the right-of-way.
5. The line will be constructed and maintained on the County right-of-way in
accordance with the Utility Accommodation Policy which was adopted by the
Texas Department of Transportation on May 29, 1989.
6. The line or lines will be constructed no less than twenty-four inches (24")
lower than the lowest part of the drainage or bar ditch and the drainage is to
be considered at least two feet (2') below the center of the roadway.
7. All sites will be barricaded during the construction period.
Construction of this line will begin on or after the 14day of nc-ToRFrz , 20Da
Firm:_Wickson Creek Special Utility District
By. hfia~~ ~,v
Title: General Manager
Address: P. o. Box 4756
Bryan, Texas 77805
APPROVED BY COMMISSIONERS'
COURT ON:
Date
Randy Si County Judge
Phone: 979-589-3030
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Cooperative Agreement
between
The Office of the Attorney General
of the State of Texas
and
Brazos County, Texas
CONTRACT NO. 09-00013
1. INTRODUCTION & PURPOSE
1.1. This document encompasses furnishing Registry Only court order information relating to Child Support, Protective
Orders and Family Violence under the Texas Family Code, Title 4, Subtitle B and Suits Affecting the Parent-Child
Relationship under the Texas Family Code, Title 5, Subtitle B for use in the State and Federal Case Registries
("State Case Registry") and local handling of inquiries on (including any necessary research) and receiving
information about Child Support Cases where child support payments are remitted to the Texas Child Support State
Disbursement Unit (TxCSDU) ("Local Customer Service"). A County may contract to provide State Case Registry
services only. However a county contracting to provide Local Customer Service must also contract to provide State
Case Registry.
1.2. Brazos ("County") is contracting with the Office of the Attorney General ("OAG") to furnish Registry Only court
order information relating to Child Support, Protective Orders and Family Violence under the Texas Family Code,
Title 4, Subtitle B and Suits Affecting the Parent-Child Relationship under the Texas Family Code, Title 5, Subtitle
B for use in the State and Federal Case Registries and handle inquiries on (including any necessary research) and
receive information about Child Support Cases where child support payments are remitted to the TxCSDU.
1.3. This Contract and its attachments (all of which are made a part hereof and expressly included herein) is entered into
under the authority of Texas Family Code Section 231.002.
1.4. The term "OAG Systems" when used in this Contract encompasses the OAG Child Support Case Management
System (commonly referred to as TXCSES and TXCSES Web) and any applicable automated systems used by the
OAG's Vendor for the TxCSDU including all of their subsystems, functions, processes, and security requirements.
1.5. Unless specified otherwise in this Contract, all procedures required to be followed by the County will be made
available to the County on the OAG child support portal at http://portal.cs.oag.state.tx.us.
2. CONTRACT PERIOD
2.1. This Contract shall commence on September 1, 2008 and shall terminate on August 31, 2010, unless terminated
earlier by provisions of this Contract.
3. REQUIREMENTS OF THE OAG AND THE COUNTY
3.1. State Case Registry Activities
3.1.1. County shall provide to OAG new and modified child support court orders entered after the effective date
of the Contract for Registry Only child support court order information relating to Suits Affecting the
Parent-Child Relationship.
3.1.1.1. County shall use the original court ordered documents to obtain the relevant information for entry to
the OAG Systems or may use the "Record of Support" published in the Texas Family Law Manual,
or a similar form completed by the District Clerk or Local Registry's office that summarizes the
relevant court ordered child support information.
3.1.1.2. County must provide, if available, the following data elements:
SCR/LCS 7/16/08 Page 1 of 19
115
3.1.1.2.1. participant type (dependent, custodial parent, non-custodial parent)
3.1.1.2.2. family violence indicator
3.1.1.2.3. name of each participant (last and first)
3.1.1.2.4. sex code for each participant
3.1.1.2.5. social security number for each custodial parent and non-custodial parent and/or date of birth
for each participant
3.1.1.2.6. cause number
3.1.1.2.7. cause county code
3.1.1.2.8. start date of cause
3.1.1.2.9. order modification date
3.1.1.2.10. address lines 1, 2, and 3, City, State, Zip (custodial parent only).
3.1.1.2.11. sex code for each participant
3.1.1.2.12. family violence indicator, if applicable
3.1.1.3. County shall provide data elements and/or information updates to the OAG Systems for Registry
Only child support court orders signed on or after October 1, 1998.
3.1.1.4. County shall enter updates on OAG Systems for new case and /or member information provided
by the custodial parent, non-custodial parent, employer, court or attorney of record to the County.
This includes but is not limited to address information, changes in custody, court order
terminations of all types, child emancipation, multiple payees or payors, case deactivation and
order transfers.
3.1.1.5. County shall provide new order information within either five (5) working days of the judge
signing the order or five (5) working days of the date that the County is notified by the Texas State
Disbursement Unit ("TxCSDU") that a payment has been received at the TxCSDU; whichever is
earlier.
3.1.1.6. County shall provide update order information within three (3) working days of receipt.
3.1.1.7. County shall provide new and updated order information by data entry directly onto OAG
Systems, unless agreed to otherwise in writing by the OAG Contract Manager.
3.1.1.8. County shall ensure that payments on cases that have been redirected from the County registry to
the TxCSDU are paid to the TxCSDU and that disbursements on such cases are no longer made by
the County. The District Clerk or the Domestic Relations Office (as applicable) shall send all
erroneously received child support payments to the TxCSDU within one day of receipt.
3.1.1.9. County agrees that all court orders must direct child support payments to the (TxCSDU) in
accordance with Section 154.004 of the Texas Family Code and 42 USC 654b of the Code of
Federal Regulations. Where the County identifies a pattern of court orders from a particular court
or attorney that fail to comply with Section 154.004 of the Texas Family Code and 42 USC 654b
of the Code of Federal Regulations, the County will notify the OAG of same.
3.1.1.10. County shall work with the TxCSDU to perform the required due diligence to place child support
payments into the hands of custodial parents.
3.2. LOCAL CUSTOMER SERVICE
3.2.1. County Customer Service Unit Resources and Services
3.2.1.1. The term "Child Support Cases" when used in this Section and its Subsections means: Registry
Only cases (a Registry Only case is a case where the payment is remitted to the State
Disbursement Unit by an employer pursuant to an original order signed on or after January 1,
1994) and all N-D cases (also known as "Full Service Cases").
3.2.1.2. County shall provide the resources necessary to accomplish the following allowable categories of
customer service activity on Child Support Cases in accordance with the requirements of the
Confidentiality and Security Section below: Payment Inquiry, Payment Research, Employer
SCR/LCS 7/16/08 Page 2 of 19
05 X266
Payment Related Calls, OAG Payment Related Calls, Withholding Inquiry (Employer, Custodial
Parent, Non-Custodial Parent). These activities include but are not limited to:
3.2.1.2.1. Researching payments on Child Support Cases that should have been but were not received
by the OAG.
3.2.1.2.2. Researching disbursements on Child Support Cases that should have been but were not
received by the custodial parent.
3.2.1.2.3. Providing payment records on Child Support Cases to the court, the guardian ad litem for the
child, the custodial and non-custodial parent and their attorneys, a person authorized by the
custodial or non-custodial parent to have the payment history information, and a District or
County attorney for purposes of pursuing prosecution for criminal non-support of a child.
3.2.1.2.4. The County Customer Service unit shall take inquiries and receive information by, but not
limited to, e-mail, letters, phone calls, facsimiles and walk-ins.
3.2.2. Resources as used in this Customer Service Unit Resources and Services section include, but are not
limited to, personnel, office space, equipment, phones and phone lines.
3.2.3. Customer Service Unit Documentation
3.2.3.1. County shall follow OAG procedures relating to data integrity, set forth in Attachment D, when
accepting changes to case information i. e., procedures to properly identify the caller.
3.2.3.2. County shall perform the Customer Service Unit services using the following guidelines: Respond to
written inquiries within five (5) County work days, take action on information received within three
(3) County work days, document case record of action or information received at time of receipt,
follow up to a telephone inquiry within three (3) County work days, return phone calls within three
(3) County work days, see a customer the same day or schedule appointment within three (3) County
work days of request.
3.2.3.3. County shall use OAG processes and procedures for forwarding misdirected inquiries between the
County, and the OAG and the OAG's designated agent where necessary by providing the toll free
number to the OAG's Call Center.
3.2.3.4. The electronic files associated with customer service activity that the County may receive and
process are:
3.2.3.4.1. Full Service and Registry Only Collections, technical document name: Interface Control
Document 012 (ICD012).
3.2.3.4.2. Registry Only Disbursement Data, technical document name: Interface Control Document
013 (ICD013).
3.2.3.4.3. Full Service and Registry Only Collection Adjustments, technical document name Interface
Control Document 015 (ICD015).
3.2.3.4.4. Registry Only Case Data from Local Registries, technical document name: Interface Control
document 050 (ICD050).
3.2.4. The electronic file associated with customer service activity that the County may transmit is:
3.2.4.1. OAG Systems and Local Registries Customer Service Activities, technical document name:
Interface Control Document 035 (ICD035).
3.2.5. In the event of a failed transmission, or if an unprocessable electronic file is produced, County shall correct
the problem and retransmit within one (1) working day of notification by the OAG.
SCR/LCS 7/16/08 Page 3 of 19
Z~ /
115
3.2.6. County shall record on its automated system all financial data available from the OAG required to support
the accurate dissemination of payment record information contemplated by this Contract or the County
shall access, as needed, an OAG/TXCSES payment history record, as available, from the OAG TXCSES
Web application.
3.3. ACCESSING OAG SYSTEMS
3.3.1. County Responsibilities
3.3.1.1. Work with the OAG or its designated agent to acquire, when needed, (at no cost to the County) from
the OAG or its designated agent one personal computer, including the necessary software, to access
the OAG Systems. County will work with the OAG or its designated agent to obtain the database
access required. County is responsible for connecting the hardware to its own County network and
for the cost associated therewith.
3.3.1.2. County must make necessary programming changes to its own automated child support system to
accomplish the local customer service activities in this Contract. If the County employs a Vendor for
maintenance and changes to its automated child support system, County must coordinate efforts
between the County Vendor and the OAG or its designated agent.
3.3.1.3. Should the County desire to retain their legacy case management system, whether in-house or
vendor based, the County is required to maintain strict data synchronization with the OAG Systems.
To accomplish this, the County must demonstrate sufficient resources and ability to receive and
process into the County legacy system daily data updates from the OAG in ICDO50 format.
3.3.1.4. County will be authorized to implement the data synchronization process upon completion of
demonstrated ability and a documented system test.
3.3.1.5. Whether the County retains their legacy case management system or if data synchronization with the
OAG Systems is not feasible the County shall enter all case/member information directly onto the
designated OAG System unless agreed to otherwise in writing by the OAG Contract Manager.
3.3.1.6. The ICDO50 computer file specifications and format will be made available to the County on the
OAG child support portal. If these specifications change during the term of the Contract, the
changes will be made available on the OAG child support portal and an e-mail notice of such
availability will be sent to the County liaison. The County shall be responsible for implementing the
changes to the electronic file specifications when and as required for OAG Systems processing,
within a reasonable time frame.
3.3.1.7. To the extent necessary to fulfill its obligations under this Contract, County shall maintain, at no cost
to the OAG, County hardware and software compatibility with the OAG Computer Systems and
OAG file format needs, to include OAG software and OAG computer hardware and related
equipment upgrades. OAG will provide County with as much notice as possible of intended OAG
Computer Systems upgrades.
3.3.1.8. County is responsible for all the necessary phone lines. For those counties that do not have internet
access the OAG will ensure that internet service is established for at least one personal computer.
However, if the County is not covered by a local Internet Service Provider local telephone coverage
area, then the County is responsible for any unavoidable long distance telephone charges that occur.
3.4. OAG Responsibilities
3.4.1. OAG will work with the County to make sure the County has one personal computer, including the
necessary software, to access the OAG Systems. For those counties that do not have internet access, the
OAG will ensure that internet service is established for at least one personal computer. However, if the
County is not covered by a local Internet Service Provider local telephone coverage area, then the County is
responsible for any unavoidable long distance telephone charges that occur.
4. REIMBURSEMENT
SCR/LCS 7/16/08 Page 4 of 19
4. 1. OAG shall monitor County OAG Systems State Case Registry and, if applicable, Local Customer Service activities
(direct data entry or electronic file) and summarize for monthly reimbursement amounts.
4.2. OAG shall forward a Summary and Reimbursement Voucher to the County for review and approval.
4.3. If the County approves the Summary and Reimbursement Voucher, the County signs the voucher and returns it to
OAG for payment within ten (10) County work days. County's signature constitutes approval of the voucher and
certification that all services provided during the period covered by the voucher are included on the voucher. The
OAG shall process the invoice for payment in accordance with the state procedures for issuing state payments and
the Texas Prompt Payment Act.
4.3.1. County shall submit the invoice to:
Contract Manager, State Case Registry and Local Customer Service
Mail Code: 062
Office of the Attorney General
P.O. Box 12017
Austin, Texas 78711-2017
4.4. If County does not approve the Summary and Reimbursement Voucher, it shall return the voucher to the OAG
within ten (10) County work days of receipt, detailing the basis of any disputed item, and include supporting
documentation. The OAG shall review the returned voucher. If the dispute is resolved in the County's favor the
OAG shall make payment as set forth in the preceding subsection. If the dispute is not resolved in the County's
favor, the OAG shall make payment in accordance with the voucher originally sent to the County and forward a
letter of explanation to the County.
4.4.1. OAG Rights Upon Loss of Funding
4.4.1.1. Legislative Appropriations
4.4.1.1.1. All obligations of the OAG are subject to the availability of legislative appropriations and, for
federally funded procurements, to the availability of federal funds applicable to this
procurement (see Provision of Funding by the United States, subsection below). The parties
acknowledge that the ability of the OAG to make payments under this Contract is contingent
upon the continued availability of funds for the Child Support Enforcement Strategy and the
State Disbursement Unit Strategy (collectively "Strategies"). The parties acknowledge that
funds are not specifically appropriated for this Contract and the OAG's continual ability to
make payments under this Contract is contingent upon the funding levels appropriated to the
OAG for the Strategies for each particular appropriation period. The OAG will use all
reasonable efforts to ensure that such funds are available. The parties agree that if future
levels of funding for the OAG Child Support Enforcement Strategy and/or the State
Disbursement Unit Strategy are not sufficient to continue operations without any operational
reductions, the OAG, in its discretion, may terminate this Contract, either in whole or in part.
In the event of such termination, the OAG will not be considered to be in default or breach
under this Contract, nor shall it be liable for any further payments ordinarily due under this
Contract, nor shall it be liable for any damages or any other amounts which are caused by or
associated with such termination. The OAG shall make best efforts to provide reasonable
written advance notice to County of any such termination. In the event of such a termination,
County shall, unless otherwise mutually agreed upon in writing, cease all work immediately
upon the effective date of termination. OAG shall be liable for payments limited only to the
portion of work the OAG authorized in writing and which the County has completed,
delivered to the OAG, and which has been accepted by the OAG. All such work shall have
been completed, per the Contract requirements, prior to the effective date of termination.
4.4.2. Provision of Funding by the United States
4.4.2.1. It is expressly understood that any and all of the OAG's obligations and liabilities hereunder are
contingent upon the existence of a state plan for child support enforcement approved by the United
States Department of Health and Human Services providing for the statewide program of child
SCR/LCS 7/16/08 Page 5 of 19
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support enforcement, pursuant to the Social Security Act, and on the availability of Federal
Financial Participation for the activities described herein. In the event that such approval of the
state plan or the availability of Federal Financial Participation should lapse or otherwise terminate,
the OAG, in its discretion, may terminate this contract, either in whole or in part. In the event of
such termination, the OAG will not be considered to be in default or breach under this contract,
nor shall it be liable for any further payments ordinarily due under this contract, nor shall it be
liable for any damages or any other amounts which are caused by or associated with such
termination. The OAG shall make best efforts to provide reasonable written advance notice to
Contractor of any such termination. In the event of such a termination, County shall, unless
otherwise mutually agreed upon in writing, cease all work immediately upon the effective date of
termination. OAG shall be liable for payments limited only to the portion of work the OAG
authorized in writing and which the County has completed, delivered to the OAG, and which has
been accepted by the OAG. All such work shall have been completed, per the Contract
requirements, prior to the effective date of termination.
4.5. Reimbursement Rates
4.5.1. State Case Registry
4.5.1.1. The OAG shall be financially liable to the County for the federal share of the County's Contract
associated cost. Federal share means the portion of the County's Contract associated cost that the
federal Office of Child Support Enforcement reimburses the state as federal financial participation
under Title IV-D; for purpose of reference only the federal share on the effective date of this
Contract is 66%. The County agrees that for the purposes of this Contract all of the County's
Contract associated costs for any given calendar month is equal to the number of new and modified
Registry Only Court Orders (together with all required data elements) provided to the OAG during
the calendar month multiplied by a per new and modified Registry Only Court Order fee of $12.25
plus the number of Registry Only Court Orders updated during the calendar month multiplied by a
per Registry Only Court Order updated fee of $3.89 per Registry Only Court Order updated. Thus:
[(Calender Month new and modified Registry Only Court Orders provided x $12.25) + (Calender
Month Registry Only Court Orders updated x $3.89)] x Federal Share = OAG Liability.
4.5.2. Local Customer Service
4.5.2.1. The OAG shall be financially liable to the County for the federal share of the County's Contract
associated cost. Federal share means the portion of the County's Contract associated cost that the
federal Office of Child Support Enforcement reimburses the state as federal financial participation
under Title IV-D; for purpose of reference only the federal share on the effective date of this
Contract is 66%. The County agrees that for the purposes of this Contract all of the County's
Contract associated costs for any given calendar month is equal to the number of inquiries on IV-D
cases handled by County personnel during the calendar month, plus the number of inquiries on
Registry Only cases (See Section 3.2.1 for the meaning of Registry Only cases) minus the Federal
Disallowance Percentage, multiplied by a per inquiry fee of $4.01 per inquiry. For purpose of
reference only the Federal Disallowance Percentage for SFY 2008 annualized is 18%. Thus:
(Calender Month IV-D Inquiries Handled by County Personnel) + (Calendar Month Registry Only
Inquiries Handled by County Personnel - Federal Disallowance Percentage) x ($4.01) x (Federal
Share) = OAG Liability.
4.6. Limitation of OAG Liability
4.6.1. The OAG shall be liable only for Contract associated costs incurred after commencement of this Contract
and before termination of this Contract.
4.6.2. The OAG may decline to reimburse Allowable Costs which are submitted for reimbursement more than
sixty (60) calendar days after the State Fiscal Year calendar quarter in which such costs are incurred.
4.6.3. County shall refund to the OAG within thirty (30) calendar days any sum of money which has been paid to
the County which the OAG and County agree has resulted in an overpayment to County, provided that such
sums may be offset and deducted from any amount owing but unpaid to County.
SCR/LCS 7/16/08 Page 6 of 19
115 alb
4.6.4. The OAG shall not be liable for reimbursing the County if the County fails to comply with the State Case
Registry Activities, the County Customer Service Unit Resources and Services, and/ or the Customer
Service Unit Documentation Sections above in accordance with the requirements of those sections.
4.6.5. The OAG shall not be liable for reimbursing the County for any activity currently eligible for
reimbursement as of right without the necessity for a prior existing contract e.g. sheriff/processor fees. Nor
shall the OAG be liable for reimbursing the County for any activities eligible for reimbursement under
another contract or Cooperative Agreement with the OAG e.g. customer service related to cases in the same
County's Integrated Child Support System ("ICSS") caseload, when the County has an ICSS contract
with the OAG. Nor shall the OAG be liable for reimbursing the County for information correcting
erroneous information previously provided by the County.
4.6.6. Notwithstanding any other provision of this Contract, the maximum liability of the OAG under this
Contract is Six Thousand Dollars and No Cents ($6,000.00).
4.7. Assignment of Claims
4.7.1. County hereby assigns to the OAG any claims for overcharges associated with this Contract under 15
U.S.C. §1, et seq., and Tex. Bus. & Comm. Code §15.01, et seq.
5. CONTRACT MANAGEMENT
5.1. Written Notice Delivery
5.1.1. Any notice required or permitted to be given under this Contract by one party to the other party shall be in
writing and shall be addressed to the receiving party at the address hereinafter specified. The notice shall
be deemed to have been given immediately if delivered in person to the recipient's address hereinafter
specified. It shall be deemed to have been given on the date of certified receipt if placed in the United
States mail, postage prepaid, by registered or certified mail with return receipt requested, addressed to the
receiving party at the address hereinafter specified.
5.1.1.1. County
5.1.1.1.1. The address of the County for all purposes under this Contract and for all notices hereunder
shall be:
5.1.1.1.1.1. The Honorable Marc Hamlin (or his/her successor in office)
Brazos County District Clerk
300 East 26th St. Suite 216
Bryan TX 77803-
5.1.1.2. OAG
5.1.1.2.1. The address of the OAG for all purposes under this Contract and for all notices hereunder
shall be:
5.1.1.2.1.1 Alicia G. Key (or her successor in office)
Deputy Attorney General for Child Support
Office of the Attorney General
P.O. Box 12017
Austin, Texas 78711-2017
5.1.1.2.2. With copies to:
5.1.1.2.2.1. Joseph Fiore (or his successor in office)
Managing Attorney, Contracts Attorneys, Child Support Division
Office of the Attorney General
P. O. Box 12017
Austin, Texas 78711-2017
SCR/LCS 7/16/08 Page 7 of 19
PAGE a 13
5.1.1.2.2.2. Allen Broussard (or his successor in office)
Manager, Government Contracts
Office of the Attorney General
P. O. Box 12017
Austin, Texas 78711-2017
5.2. Inspections, Monitoring and Audits
5.2.1. The OAG may monitor and/or conduct fiscal and/or program audits and/or investigations of the County's
program performance at reasonable times. The OAG may at its option or at the request of County provide
technical assistance to assist County in the operation of this program. County shall provide physical access
without prior notice to all sites used for performance of service under this Contract to the OAG, United
States Department of Health and Human Services, Comptroller General of the United States, and State
Auditor of Texas. County shall grant to the OAG, the United States Department of Health and Human
Services, Comptroller General of the United States, and State Auditor of Texas access, without prior notice,
to all books, documents, and records of the County pertinent to this Contract. The County books,
documents, and records may be inspected, monitored, evaluated, audited and copied. County shall
cooperate fully with the OAG, United States Department of Health and Human Services, Comptroller
General of the United States, and State Auditor of Texas in the conduct of any audit and/or investigation
including the providing of any requested books, documents, and records. County shall retain all financial
records, supporting documents, statistical records, and any other records, documents, papers, logs, audit
trails or books (collectively referred to as records) relating to the performances called for in this Contract.
County shall retain all such records for a period of three (3) years after the expiration of the term of this
Contract, or until the OAG or the United States are satisfied that all audit claim, negotiation, and litigation
matters are resolved, whichever period is longer. Reports or other information relating to this program
prepared by the County or at the request of the County shall be furnished to the OAG within ninety (90)
days of availability. The requirements of this Subsection shall be included in all subcontracts.
5.3. Reimbursement of Audit Penalty
5.3.1. If funds are disallowed as a result of an audit finding contained in an audit (by County or County's
independent auditor, the OAG, the State Auditor, the U.S. Department of Health and Human Services, the
Comptroller General of the United States, or any of their duly authorized representatives) that County has
failed to follow federal requirements for the IV-D program, then County agrees that the County shall refund
to OAG the amount disallowed within thirty (30) calendar days of the date of the written OAG request for
refund; provided further that such amounts may be offset and deducted from any funds payable under this
Agreement.
5.4. Remedies for Non-Performance
5.4.1. Failure of the County to perform the contracted for services as required by this Contract shall be considered
unsatisfactory performance. Any finding of unsatisfactory performance shall be communicated to the
County in writing by the OAG Contract Manager. If the County wants to dispute the finding, a written
dispute must be received by the OAG Contract Manager no later then fifteen (15) calendar days from the
date the County received the written finding of unsatisfactory performance. The written dispute must detail
why the County believes the finding is erroneous and must contain all supporting documentation. The
OAG Contract Manager will review the dispute submission to determine the validity of the original finding
of unsatisfactory performance. The determination of the OAG Contract Manager shall be final and shall
conclude the review process. The OAG Contract Manager's determination shall be communicated to the
County in writing. If a written dispute of the original finding of unsatisfactory performance is not received
by the OAG Contract Manager by the time set forth above, the finding of unsatisfactory performance shall
be deemed validated and the County shall have waived its right to dispute the finding.
5.4.2. If the finding of unsatisfactory performance is validated, the County shall be requested to provide the OAG
Contract Manager with a corrective action plan. A corrective action plan, acceptable to the OAG Contract
Manager, must be provided within a reasonable time period as specified by the OAG Contract Manager.
Failure to provide an acceptable corrective action plan within the specified time period shall result in a
withholding of payments due to County under this Contract until such time that an acceptable corrective
SCR/LCS 7/16/08 Page 8 of 19
III ~5 fly
action plan is provided.
5.4.3. If the County does not return to satisfactory status within four months of receiving notice that an
unsatisfactory performance finding has been validated, OAG may withhold payments due to County under
this Contract until the County is once again performing satisfactorily. If the unsatisfactory status persists
for a total of six months after receiving notice of the validated unsatisfactory performance finding, OAG
may terminate this Contract (in accordance with the Termination Section below) without payment to
County for any costs incurred by County from the time that OAG commenced withholding payments due to
County being in an unsatisfactory status. Where payments are to resume due to County having provided an
acceptable corrective action plan or having attained satisfactory performance status the first payment after
resumption shall include all costs accrued during the period when payments to the County were withheld.
5.5. Training on OAG Systems
5.5.1. Any County staff performing functions under this Contract must be trained on OAG Systems. Classroom
Training on OAG Systems will be scheduled upon request from the County, by the end of the quarter
following such request. Classroom Training will be provided by OAG Regional Trainers at each of the
OAG Regional Training Centers. County shall be responsible for any and all costs associated with this
training, including, but not limited to, costs for travel, lodging, meals and per diem; provided, however that
the OAG shall be responsible for the cost of training materials and equipment required to complete the
training class. County is responsible for scheduling the training with the OAG and shall direct training
requests to:
5.5.1.1. Larry Acevedo
Office of the Attorney General
Mail Code 053
P.O. Box 12017
Austin, Texas 78711-2017
email address: CSD-TRN@cs.oag.state.tx.us
5.6. Assignment
5.6.1. County will not assign its rights under this Contract or delegate the performance of its duties under this
Contract without prior written approval from the OAG.
5.7. Liaison
5.7.1. County and OAG each agree to maintain specifically identified liaison personnel for their mutual benefit
during the term of the Contract. The liaison(s) named by County shall serve as the initial point(s) of
contact for any inquiries made pursuant to this Contract by OAG and respond to any such inquiries by
OAG. The liaison(s) named by OAG shall serve as the initial point(s) of contact for any inquiries made
pursuant to this Contract by County and respond to any such inquiries by County. The liaison(s) shall be
named in writing at the time of the execution of this Contract. Subsequent changes in liaison personnel
shall be communicated by the respective parties in writing.
5.8. Subcontracting
5.8.1. It is contemplated by the parties hereto that County shall conduct the performances provided by this
Contract substantially with its own resources and through the services of its own staff. In the event that
County should determine that it is necessary or expedient to subcontract for any of the performances
specified herein, County shall subcontract for such performances only after County has transmitted to the
OAG a true copy of the subcontract County proposes to execute with a subcontractor and has obtained the
OAG's written approval for subcontracting the subject performances in advance of executing a subcontract.
County, in subcontracting for any performances specified herein, expressly understands and acknowledges
that in entering into such subcontract(s), the OAG is in no manner liable to any subcontractor(s) of County.
In no event shall this provision relieve County of the responsibility for ensuring that the performances
rendered under all subcontracts comply with all terms of this Contract.
5.9. Dispute Resolution Process for County Breach of Contract Claim
SCR/LCS 7/16/08 Page 9 of 19
~g 4 ~ 3`
5.9.1. The dispute resolution process provided for in Chapter 2260 of the Government Code shall be used, as
further described herein, by the OAG and County to attempt to resolve any claim for breach of contract
made by County.
5.9.2. County's claim for breach of this Contract that the parties cannot resolve in the ordinary course of business
shall be submitted to the negotiation process provided in Chapter 2260, subchapter B, of the Government
Code. To initiate the process, the County shall submit written notice, as required by subchapter B, to the
Director, Child Support Division, Office of the Attorney General, P.O. Box 12017 (Mail Code 033),
Austin, Texas 78711-2017. Said notice shall specifically state that the provisions of Chapter 2260,
subchapter B, are being invoked. A copy of the notice shall also be given to all other representatives of the
OAG and the County otherwise entitled to notice under this Contract. Compliance by the County with
subchapter B is a condition precedent to the filing of a contested case proceeding under Chapter 2260,
subchapter C, of the Government Code.
5.9.3. The contested case process provided in Chapter 2260, subchapter C, of the Government Code is the
County's sole and exclusive process for seeking a remedy for any and all alleged breaches of contract by
the OAG if the parties are unable to resolve their disputes under the immediate preceding subsection.
5.9.4. Compliance with the contested case process provided in subchapter C is a condition precedent to seeking
consent to sue from the Legislature under Chapter 107 of the Civil Practices and Remedies Code. Neither
the execution of this Contract by the OAG nor any other conduct of any representative of the OAG relating
to the Contract shall be considered a waiver of sovereign immunity to suit.
5.9.5. The submission, processing and resolution of the County's claim is governed by the published rules adopted
by the OAG pursuant to Chapter 2260, as currently effective, hereafter enacted or subsequently amended.
5.9.6. Neither the occurrence of an event nor the pendency of a claim constitutes grounds for the suspension of
performance by the County, in whole or in part.
5.10. Reporting Fraud, Waste or Abuse
5.10.1. County must report any suspected incident of fraud, waste or abuse associated with the performance of
this Contract to any one of the following listed entities:
5.10.1.1. the Contract Manager
5.10.1.2. the Deputy Director for Contract Operations, Child Support Division
5.10.1.3. the Director, Child Support Division the Deputy Director, Child Support Division
5.10.1.4. the OAG Ethics Advisor
5.10.1.5. the Director of the OAG Office of Special Investigations
5.10.1.6. the OAG's Agency Integrity Program ("All"') Hotline (866-552-7937) or the AIP E-mailbox
(AIP@oag. state.tx.us)
5.10.1.7. the State Auditor's Office hotline for fraud (1-800-892-8348); or the Texas State Auditor's Special
Investigation Unit, (512) 936-9500.
5.10.2. The report of suspected misconduct shall include (if known):
5.10.2.1. the specific suspected misconduct
5.10.2.2. the names of the individual(s)/entity(ies) involved
5.10.2.3. the date(s)/location(s) of the alleged activity(ies)
SCR/LCS 7/16/08 Page 10 of 19
115 d Ile
5.10.2.4. the names and all available contact information (phone numbers, addresses) of possible witnesses
or other individuals who may have relevant information; and
5.10.2.4.1. any documents which tend to support the allegations.
5.10.3. The words fraud, waste or abuse as used in this Section have the following meanings:
5.10.3.1. Fraud is the use of one's occupation for obtaining personal benefit (including benefit for
family/friends) through the deliberate misuse or misapplication of resources or assets.
5.10.3.2. Waste is the extravagant careless or needless expenditure of funds or consumption of property that
results from deficient practices, system controls, or decisions.
5.10.3.3. Abuse, being distinct from fraud, encompasses illegal acts or violations of policy or provisions of
contracts or grant agreements. When abuse occurs, no law, regulation or provision of a contract or
grant agreement is necessarily violated. Rather, the conduct of an individual falls short of behavior
that is expected to be reasonable and necessary business practice by a prudent person. An example
of abuse would be misuse of the power or authority of an individual's position.
6. CONFIDENTIALITY AND SECURITY
6.1. Confidentiality and Security Provisions
6.1.1. General
6.1.1.1. Both OAG and County recognize and assume the duty to protect and safeguard confidential
information. Confidential information specifically includes personally identifiable information such
as Social Security Number, full name, date of birth, home address, account number, and case status.
Each entity acknowledges that the loss of confidentiality, integrity and availability of information
assets is a risk which can be minimized by effective security safeguards and enforced compliance
with information security policies, standards and procedures.
6.1.1.2. OAG recognizes that County has existing statutory responsibilities to maintain confidentiality of
records related to state district courts (juvenile, family, probate, civil and criminal), county courts
and national and state criminal records (FBI, NCIC, TCIC). OAG also recognizes that County has
existing processes and procedures that ensure the security and confidentiality of this information and
data and is subject to security audits or assessments by these authorities.
6.1.1.3. This agreement requires County to retrieve data from the courts and other sources and create data
within TXCSES or TXCSES Web.
6.1.1.4. County acknowledges and agrees to protect OAG Data as confidential. All references to "OAG
Data" shall mean all data and information (i) originated by OAG and/or submitted to County by or
on behalf of OAG, or (ii) which County accesses from OAG systems in connection with provision of
the Agreement Services. OAG Data does not include data and information originated by County in
the performance of its duties. Upon request by OAG, County shall execute and deliver any
documents that may be necessary or desirable under any law to preserve or enable OAG to enforce
its rights with respect to OAG Data. Tex. Gov't Code Chapter 552 defines the exclusive mechanism
for determining whether OAG Data are subject to public disclosure. However, data that is publicly
known and generally available to the public is not subject to these Confidentiality and Security
Provisions.
6.1.1.5. If any term or provision of this Confidentiality and Security Provision, shall be found to be illegal or
unenforceable, it shall be deemed independent and divisible, and notwithstanding such illegality or
unenforceability, all other terms or provisions in this Confidentiality and Security Provision, shall
remain in full force and effect and such illegal or unenforceable term or provision shall be deemed to
be deleted.
6.1.1.6. County shall develop and implement access protection lists. The access protection lists shall
SCR/LCS 7/16/08 Page 11 of 19
ll5 X17
document the name and other identifying data for any individual, authorized pursuant to County's
request, to access, use or disclose OAG Data, as well as any special conditions and limitations
applicable to each authorization. County shall remove individuals from or change the access rights
of individuals on the access protection list immediately upon such individual no longer requiring
access. At least quarterly, OAG shall send County a list of TXCSES Web users and County shall
review and update its access protection lists and ensure that the access protection lists accurately
reflect the individuals and their access level currently authorized. County shall notify OAG of the
authorized personnel that should have access rights to OAG Data and information in the method
prescribed by OAG. County will immediately notify OAG when an individual's access to OAG
systems is no longer relevant. OAG, in its sole discretion, may deny or revoke an individual's
access to OAG Data and information and any of its systems.
6.1.1.7. County shall perform background reviews, to include a criminal history record review, on all County
employees who will have access to OAG Data and information, and any OAG system. County shall
certify to OAG that such reviews have been conducted and that in County's opinion the aforesaid
employees are deemed trustworthy. County may request OAG to perform such reviews. In such an
instance, County shall provide OAG with any required information, consent and authorization to
perform the reviews and OAG shall perform the reviews at its own expense.
6.1.1.8. All references to "Agreement Services" shall include activities within the scope of this Agreement.
6.1.1.9. County shall comply with all applicable statutory and regulatory provisions requiring that
information be safeguarded and kept confidential. These statutes and regulatory provisions include
but are not limited to 42 U.S.C. 653 and 654; 45 CFR 307.10, 307.11 and 307.13; 26 U.S.C.
6103 (IRC 6103); IRS Publication 1075 (Rev. 10-2007) and § 231.108 of the Texas Family Code,
each as currently written or as may be amended, revised or enacted. County shall also comply with
OAG policy, processes and procedures concerning the safeguarding and confidentiality of
information, and computer security (including any requirements set forth in Attachment F, entitled
"United States Internal Revenue Service Requirements for the Safeguarding of Federal Tax
Information Including Federal Tax Returns and Return Information"). The requirements of these
Confidentiality and Security Provisions shall be included in, and apply to, subcontracts and
agreements the County has with anyone performing Agreement Services on County's behalf.
6.1.1.10. This Agreement is between County and OAG, and is not intended to create any independent cause of
action by any third party, individual, or entity against OAG or County.
6.2. OAG Data Usage and Storage
6.2.1. County agrees to maintain physical security for OAG data by maintaining an environment designed to
prevent loss or unauthorized removal of data. County shall ensure that all persons having access to data
obtained from OAG Systems are thoroughly briefed on related security procedures, use restrictions, and
instructions requiring their awareness and compliance. County shall ensure that all County personnel
having access to OAG Data receive annual reorientation sessions when offered by the OAG and all County
personnel that perform or are assigned to perform Agreement Services shall re-execute, and/or renew their
acceptance of, all applicable security documents and to ensure that they remain alert to all security
requirements. County personnel shall only be granted access to OAG Systems after they have received all
required security training, read the OAG Data Security Policy Manual (Attachment A), signed the
acknowledgment (and County has given the signed acknowledgment to the OAG Contract Manager) and
read and accepted the OAG Automated Computer System Access Statement of Responsibility and the
Child Support online Login Policy (Attachment C),.
6.2.2. OAG Data are not allowed on mobile/remote/portable storage devices; nor may storage media be removed
from the facility used by County. Any exception to this prohibition must have OAG prior approval. Such
approval may only be granted by Controlled Correspondence or Contract amendment. This prohibition
does not apply to County Information Systems backup procedure. County Information Systems backup
procedure is subject to the United States Internal Revenue Service requirements set forth in IRS Publication
1075 (Rev.2-2007) and Attachment F entitled "United States Internal Revenue Service Requirements for
the Safeguarding of Federal Tax Information Including Federal Tax Returns and Return Information".
SCR/LCS 7/16/08 Page 12 of 19
6.2.3. County stipulates, covenants, and agrees that it will not access, use or disclose OAG Data beyond its
limited authorization, or for any purpose not necessary for the performance of its duties under this
Agreement. Without OAG's approval (in its sole discretion), County will not: (i) use OAG Data other than
in connection with providing the Agreement Services; (ii) disclose, sell, assign, lease, or otherwise provide
OAG Data to third parties, including any local, state, or Federal legislative body; (iii) commercially exploit
OAG Data or allow OAG Data to be commercially exploited; or (iv) create, distribute or use any electronic
or hard copy mailing list of OAG Customers for purposes other than in connection with providing the
Agreement Services. However, nothing in this agreement is intended to restrict County from performing its
other authorized duties. For example, the duty to disseminate copies of court orders to requesting parties
that necessarily includes data such as names and addresses. In the event that County fails to comply with
this subsection, OAG may exercise any remedy, including immediate termination of this Agreement.
6.2.3.1. County agrees that it shall comply with all state and federal standards regarding the protection and
confidentiality of OAG Data as currently effective, subsequently enacted or as may be amended.
OAG Data accessed shall always be maintained in a secure environment (with limited access by
authorized personnel both during work and non-work hours) using devices and methods such as, but
not limited to: alarm systems, locked containers of various types, fireproof safes, restricted areas,
locked rooms, locked buildings, identification systems, guards, or other devices reasonably expected
to prevent loss or unauthorized removal of manually held data. County shall also protect against
unauthorized use of passwords, keys, combinations, access logs, and badges. Whenever possible,
computer operations must be in a secure area with restricted access. In situations such as remote
terminals, or office work sites where all of the requirements of a secure area with restricted access
cannot be maintained, the equipment shall receive the highest level of protection.
6.3. OAG Data Retention and Destruction, and Public Information Requests
6.3.1. Any destruction or purging of OAG Data shall be destroyed and/or purged in accordance with state and
federal statutes, rules and regulations. Within ten (10) business days of destruction or purging, County will
provide the OAG with a signed statement(s) containing the date of destruction or purging, description of
OAG Data destroyed or purged, and the method(s) used.
6.3.2. In the event of Agreement expiration or termination for any reason, County shall ensure the security of any
OAG Data remaining in any storage component to prevent unauthorized disclosures. Within twenty (20)
business days of Agreement expiration or termination, County shall provide OAG with a signed statement
detailing the nature of the OAG Data retained, type of storage media, physical location(s), and any planned
destruction date.
6.3.3. County expressly does not have any actual or implied authority to determine whether any OAG Data are
public or exempted from disclosure. County is not authorized to respond to public information requests
which would require disclosure of otherwise confidential information on behalf of the OAG. County agrees
to forward to the OAG, by facsimile within one (1) business day from receipt all request(s) for information
associated with the County's services under this Agreement. County shall forward via fax any information
requests to:
6.3.3.1. Public Information Coordinator
Office of the Attorney General
Fax (512) 494-8017
6.4. Security Incidents
6.4.1. Response to Security Incidents
6.4.1.1. County shall respond to detected security incidents. The term "security incident" means an
occurrence or event where the confidentiality of OAG Data may have been compromised. County
shall maintain an internal incident response plan to facilitate a quick, effective and orderly response
to information security incidents. The incident response plan should cover such topics as:
6.4.1.1.1. Initial responders
6.4.1.1.2. Containment
SCR/LCS 7/16/08 Page 13 of 19
6.4.1.1.3. Management Notification
6.4.1.1.4. Documentation of Response Actions
6.4.1.1.5. Expeditious confirmation of system integrity
6.4.1.1.6. Collection of audit trails and similar evidence
6.4.1.1.7. Cause analysis
6.4.1.1.8. Damage analysis and mitigation
6.4.1.1.9. Internal Reporting Responsibility
6.4.1.1.10. External Reporting Responsibility
6.4.1.1.11. OAG Contract Manager's and OAG CISO's name, phone number and email address
6.4.2. Attachment G is County's current internal incident response plan. Any changes to this incident response
plan require OAG approval (which approval shall not be unreasonably withheld) and may be made by
Controlled Correspondence.
6.5. Notice
6.5.1. Within one (1) hour of concluding that there has been, any OAG Data security incident County shall
initiate damage mitigation and notify the OAG Chief Information Security Officer ("OAG CISO") and the
OAG Contract Manager, by telephone and by email, of the security incident and the initial damage
mitigation steps taken. Current contact information shall be contained in the Incident Response Plan.
6.5.2. Within twenty-four (24) hours of the discovery, County shall conduct a preliminary damage analysis of the
security incident; commence an investigation into the incident; and provide a written report to the OAG
CISO, with a copy to the OAG Contract Manager fully disclosing all information relating to the security
incident and the results of the preliminary damage analysis. This initial report shall include, at a minimum:
time and nature of the incident (e.g., OAG data loss/corruption/intrusion); cause(s); mitigation efforts;
corrective actions; and estimated recovery time.
6.5.3. Each day thereafter until the investigation is complete, County shall: (i) provide the OAG CISO, or the
OAG CISO's designee, with a daily oral or email report regarding the investigation status and current
damage analysis; and (ii) confer with the OAG CISO, or the OAG CISO's designee, regarding the proper
course of the investigation and damage mitigation.
6.5.4. Whenever daily oral reports are provided, County shall provide, by close of business each Friday, an email
report detailing the foregoing daily requirements.
6.6. Final Report
6.6.1. Within five (5) business days of completing the damage analysis and investigation, County shall submit a
written Final Report to the OAG CISO with a copy to the OAG Contract Manager, which shall include:
6.6.1.1. a detailed explanation of the cause(s) of the security incident;
6.6.1.2. a detailed description of the nature of the security incident, including; but not limited to, extent of
intruder activity (such as files changed, edited or removed; Trojans), and the particular OAG Data
affected; and
6.6.1.3. a specific cure for the security incident and the date by which such cure shall be implemented, or if
the cure has been put in place, a certification to OAG that states the date County implemented the
cure, a description of how the cure protects against the possibility of a recurrence, and that County's
security program is operating with the effectiveness required to assure that the security,
confidentiality and integrity of OAG Data are protected.
6.6.2. If the cure has not been put in place by the time the report is submitted, County shall within five (5)
business days after submission of the final report, provide a certification to OAG that states the date County
implemented the cure, a description of how the cure protects against the possibility of a recurrence, and that
County's security program is operating with the effectiveness required to assure that the security,
confidentiality and integrity of OAG Data are protected.
SCR/LCS 7/16/08 Page 14 of 19
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6.6.3. If County fails to provide a Final Report or Certification within fifteen (15) calendar days of the security
incident, County agrees that OAG may exercise any right, remedy or privilege which may be available to it
under applicable law of the State and any other applicable law. The exercise of any of the foregoing
remedies will not constitute a termination of this Agreement unless OAG notifies County in writing prior to
the exercise of such remedy.
6.7. Independent Right to Investigate
6.7.1. OAG reserves the right to conduct an independent investigation of any security incident, and should OAG
choose to do so, County shall cooperate fully, making resources, personnel and systems access available. If
at all possible, OAG will provide reasonable notice to County that it is going to conduct an independent
investigation.
6.8. Security Audit
6.8.1. Right to Audit, Investigate and Inspect the Facilities, Operations, and Systems Used in the Performance of
Agreement Services.
6.8.1.1. County shall permit OAG, the State Auditor of Texas, the United States Internal Revenue Service,
the United States Department of Health and Human Services and the Comptroller General of the
United States to:
6.8.1.1.1. monitor and observe the operations of, and to perform security investigations, audits and
reviews of the operations and records of, the County;
6.8.1.1.2. inspect its information system in order to access security at the operating system, network,
and application levels; provided, however, that such access shall not interfere with the daily
operations of managing and running the system; and
6.8.1.1.3. enter into the offices and places of business of County and County's subcontractors for a
security inspection of the facilities and operations used in the performance of Agreement
Services. Specific remedial measures may be required in cases where County or County's
subcontractors are found to be noncompliant with physical and/or OAG data security
protection.
6.8.1.2. When OAG performs any of the above monitoring, observations, and inspections, OAG will provide
County with reasonable notice that conforms to standard business audit protocol. However prior
notice is not always possible when such functions are performed by the State Auditor of Texas, the
United States Internal Revenue Service, the United States Department of Health and Human
Services and the Comptroller General of the United States. In those instances the OAG will
endeavor to provide as much notice as possible but the right to enter without notice is specifically
reserved.
6.8.1.3. Any audit of documents shall be conducted at County's principal place of business and/or the
location(s) of County's operations during County's normal business hours and at OAG's expense.
County shall provide on County's premises, (or if the audit is being performed of a County's
subcontractor, the County's subcontractor's premises, if necessary) the physical and technical
support reasonably necessary for OAG auditors and inspectors to perform their work
6.9. Remedial Action
6.9.1. Remedies Not Exclusive and Injunctive Relief
6.9.1.1. The remedies provided in this section are in addition to, and not exclusive of, all other remedies
available within this Agreement, or at law or in equity. OAG's pursuit or non-pursuit of any one
remedy for a security incident(s) does not constitute a waiver of any other remedy that OAG may
have at law or equity.
6.9.1.2. If injunctive or other equitable relief is available, then County agrees that OAG shall not be required
SCR/LCS 7/16/08 Page 15 of 19
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to post bond or other security as a condition of such relief.
6.10. Notice to Third Parties
6.10.1. Subject to OAG review and approval, County shall provide notice to individuals whose personal,
confidential, or privileged data were compromised or likely compromised as a result of the security
incident, with such notice to include: (i) a brief description of what happened; (ii) to the extent possible, a
description of the types of personal data that were involved in the security breach (e.g., full name, SSN,
date of birth, home address, account number, etc.); (iii) a brief description of what is being done to
investigate the breach, mitigate losses, and to protect against any further breaches; (iv) contact
procedures for those wishing to ask questions or learn additional data, including a telephone number,
website, if available, and postal address; and, (v) instructions for accessing the Consumer Protection
Identity Theft section of the OAG website. County and OAG shall mutually agree on the methodology
for providing the notice.
6.10.2. County shall be responsible for responding to and following up on inquiries and requests for further
assistance from persons notified under the preceding section.
6.10.3. If County does not provide the required notice, OAG may elect to provide notice of the security incident.
County and OAG shall mutually agree on the methodology for providing the notice. Costs (excluding
personnel costs) associated with providing notice shall be reimbursed to OAG by County. If County does
not reimburse such cost within thirty (30) calendar days of request, OAG shall have the right to collect
,such cost. Additionally, OAG may collect such cost by offsetting or reducing any future payments owed
to County.
6.11. Commencement of Legal Action
6.11.1. County shall not commence any legal proceeding on OAG's behalf outside the scope of the Agreement
Services without OAG's express written consent. OAG shall not commence any legal proceedings on
County's behalf without County's express written consent.
7. AMENDMENT
7.1. This Contract shall not be amended or modified except by written amendment executed by duly authorized
representatives of both parties. Any alterations, additions or deletions to the terms of this Contract which are
required by changes in federal or state law are automatically incorporated into this Contract without written
amendment to this Contract and shall be effective on the date designated by said federal or state law.
8. TERMINATION OF CONTRACT
8.1. Termination
8.1.1. Either party to this Contract shall have the right to either terminate this Contract in its entirety or in part.
However, a County continuing to contract to provide Local Customer Service services must also continue
to contract to provide State Case Registry services. The Contract, or portion of the Contract, may be
terminated by the terminating party notifying the other party in writing of such termination and the
proposed date of the termination no later than thirty (30) calendar days prior to the effective date of such
termination.
8.2. Survival of Terms
8.2.1. Termination of this Contract for any reason shall not release the parties from any liability or obligation set
forth in this Contract that is expressly stated to survive any such termination or by its nature would be
intended to be applicable following any such termination.
9. TERMS AND CONDITIONS
SCR/LCS 7/16/08 Page 16 of 19
9. 1. Federal Terms and Conditions
9.1.1. Compliance with Law, Policy and Procedure
9.1.1.1. County shall perform its obligations hereunder in such a manner that ensures its compliance with
OAG, policy, processes and procedure. It shall also comply with all state and federal laws, rules,
regulations, requirements and guidelines applicable to County: (1) performing its obligations
hereunder and to assure with respect to its performances hereunder that the OAG is carrying out the
program of child support enforcement pursuant to Title IV, Part D of the federal Social Security Act
of 1935 as amended; (2) providing services to the OAG as these laws, rules, regulations,
requirements and guidelines currently exist and as they are amended throughout the term of this
Contract County understands and agrees that from time to time OAG may need to change its policy,
processes or procedures and that such change shall not entitle County to any increased cost
reimbursement under this Contract; provided, however, that County may exercise its right to
terminate the Contract in accordance with the Termination Section below. OAG shall provide
County e-mail notice of any change in OAG policy, processes or procedures.
9.1.2. Civil Rights
9.1.2.1. County agrees that no person shall, on the ground of race, color, religion, sex, national origin, age,
disability, political affiliation, or religious belief, be excluded from participation in, be denied the
benefits of, be subjected to discrimination under, or be denied employment in the administration of,
or in connection with, any program or activity funded in whole or in part with funds provided by this
Contract. County shall comply with Executive Order 11246, "Equal Employment Opportunity" as
amended by Executive Order 11375, "Amending Executive Order 11246 relating to Equal
Employment Opportunity" and as supplemented by regulations at 41 C.F.R. Part 60, "Office of
Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor."
County shall ensure that all subcontracts comply with the above referenced provisions.
9.1.3. Certification Regarding Debarment, Suspension, Ineligibility, and Voluntary Exclusion from Participation
in Contracts Exceeding $100,000.00
9.1.3.1. County certifies by entering into this Contract, that neither it nor its principals are debarred,
suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in
this transaction by any federal department or agency.
9.1.3.2. The certification requirement of this provision shall be included in all subcontracts that exceed
$100,000.
9.1.4. Environmental Protection (Contracts in Excess of $100,000.00)
9.1.4.1. County shall be in compliance with all applicable standards, orders, or requirements issued under
section 306 of the Clean Air Act (42 USC 1857(h)) Section 508 of the Clean Water Act (33 USC
1368) Executive Order 11738, and Environmental Protection Agency regulations (40 CFR part 15).
The requirements of this provision shall be included in all subcontracts that exceed $100,000.
9.1.5. Certain Disclosures Concerning Lobbying [Contracts in excess of $100,000]
9.1.5.1. Certain Counties shall comply with the provisions of a federal law known generally as the Lobbying
Disclosure Acts of 1989, and the regulations of the United States Department of Health and Human
Services promulgated pursuant to said law, and shall make all disclosures and certifications as
required by law. County must submit at the time of execution of this Contract a Certification
Regarding Lobbying (Attachment E). This certification certifies that the County will not and has not
used federally appropriated funds to pay any person or organization for influencing or attempting to
influence any officer or employee of any Federal agency, a member of Congress, officer or
employee of Congress, or an employee of a member of Congress in connection with obtaining any
Federal Contract, grant or any other award covered by 31 U.S.C. 1352. It also certifies that the
County will disclose any lobbying with non-Federal funds that takes place in connection with
obtaining any Federal award by completing and submitting Standard Form LLL.
SCR/LCS 7/16/08 Page 17 of 19
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9.1.5.2. The requirements of this provision shall be included in all subcontracts exceeding $100,000.
9.2. News Releases or Pronouncements
9.2.1. News releases, advertisements, publications, declarations, and any other pronouncements pertaining to this
Contract by County, using any means or media, must be approved in writing by the OAG prior to public
dissemination.
9.3. Date Standard
9.3.1. Four-digit year elements will be used for the purposes of electronic data interchange in any recorded form.
The year shall encompass a two digit century that precedes, and is contiguous with, a two digit year of
century (e.g. 1999, 2000, etc.). Applications that require day and Month information will be coded in the
following format: CCYYMMDD. Additional representations for week, hour, minute, and second, if
required, will comply with the international standard ISO 8601: 1988, "Data elements and interchange
formats--Information interchange--Representation of dates and times."
9.4. Headings
9.4.1. The headings for each section of this Contract are stated for convenience only and are not to be construed
as limiting.
9.5. Agreement Relating to Debts or Delinquencies Owed to the State
9.5.1. As required by §2252.903, Government Code, the County agrees that any payments due under this Contract
shall be directly applied towards eliminating any debt or delinquency including, but not limited to,
delinquent taxes, delinquent student loan payments, and delinquent child support.
9.6. Non-Waiver of Rights
9.6.1. Failure of a party to require performance by another party under this Contract will not affect the right of
such party to require performance in the future. No delay, failure, or waiver of either party's exercise or
partial exercise of any right or remedy under this Contract shall operate to limit, impair, preclude, cancel,
waive or otherwise affect such right or remedy. A waiver by a party of any breach of any term of this
Contract will not be construed as a waiver of any continuing or succeeding breach. Should any provision
of this Contract be invalid or unenforceable, the remainder of the provisions will remain in effect.
9.7. No Waiver of Sovereign Immunity
9.7.1. The parties expressly agree that no provision of this contract is in any way intended to constitute a waiver
by the OAG or the State of Texas of any immunities from suit or from liability that the OAG or the State of
Texas may have by operation of law.
9.8. Severability
9.8.1. If any provision of this contract is construed to be illegal or invalid, such construction will not affect the
legality or validity of any of its other provisions. The illegal or invalid provision will be deemed severable
and stricken from the contract as if it had never been incorporated herein, but all other provisions will
continue in full force and effect.
9.9. Applicable Law and Venue
9.9.1. Applicable Law and Venue: County agrees that this Contract in all respects shall be governed by and
construed in accordance with the laws of the State of Texas, except for its provisions regarding conflicts of
laws. County also agrees that the exclusive venue and jurisdiction of any legal action or suit brought by
County concerning this Contract is, and that any such legal action or suit shall be brought, in a court of
competent jurisdiction in Travis County, Texas. OAG agrees that any legal action or suit brought by OAG
concerning this Contract shall be brought in a court of competent jurisdiction in Brazos County. All
SCR/LCS 7/16/08 Page 18 of 19
payments under this Contract shall be due and payable in Travis County, Texas.
9.10. Entire Contract
9.10.1. This instrument constitutes the entire Contract between the parties hereto, and all oral or written contract
between the parties relating to the subject matter of this Contract that were made prior to the execution of
this Contract have been reduced to writing and are contained herein.
9.11. Counterparts
9.11.1. This Contract maybe executed in one or more counterparts, each of which shall be deemed an original, but
all of which together shall constitute one and the same instrument.
9.12. Attachments
9.12.1. Attachment A: OAG Information Security Policy Manual
9.12.2. Attachment B: OAG Automated Computer System Access - Statement of Responsibility
9.12.3. Attachment C: Child Support Online Login Policy
9.12.4. Attachment D: Data Integrity Procedures Changes to Case Information
9.12.5. Attachment E:. Certification Regarding Lobbying
9.12.6. Attachment F: IRS Publication 1075 (Rev. 10-2007)
9.12.7. Attachment G: Incident Response Plan
THIS CONTRACT IS HEREBY ACCEPTED
Office of the Attorney General
Alicia G. Key The Hono le Randy Sims
Deputy Attorney General for Child Support Coun V udge, Brazos County
SCR/LCS 7/16/08 Page 19 of 19