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2010-10-12-4:00PM-REGULAR
M BRAZOS COUNTY BRYAN,TEXAS NOTICE OF MEETING AND AGENDA BRAZOS COUNTY COMMISSIONERS COURT THE COMMISSIONERS COURT OF BRAZOS COUNTY WILL MEET IN REGULAR SESSION ON OCTOBER 12, 2010 AT 4:00 PM IN THE COMMISSIONERS COURTROOM OF THE COUNTY ADMINISTRATION BUILDING, 200 SOUTH TEXAS AVE., SUITE 106, BRYAN, TX 77803 1. Invocation and Pledge of Allegiance - Judge Sims. 2. Call for Citizen input and /or concerns. Consider and take action on agenda items 3 - 43: 3. 3 6 Brazos County Payroll for FY 2011. 6 Submission of the 2010 Brazos County Tax Roll for approval by governing body per Sec 26.09 (e) of the Texas Property Tax Code. ] Order 10 -017 directing the Payroll Fund to the General Fund of Brazos County. g Order 10 -016 prohibiting outdoor burning in Brazos County for ninety (90) days, effective immediately. g Resolution 10 -015 authori zing Brazos County W submit a grant application for and participate in the 2011 Indigent Defense Formula Grant Program. 10. Contract with the Sexual Assault Resource Center for FY 2011. 11. Renewal of Bid #09.0026. Annual Fuel Contract. with Brenco Marketing- as let by Texas A &M Universit in conjunction with the City of Bryan City of College Station Bryan ISD College Station ISD and Brazos County. �� - pg.----L, 12. 13. Renewal of the Contracts for culverts with no change in terms conditions and pricing, as follows with contract term of 10/15/2010 - 10/1412011: • Steel & Aluminum- Contech Construction Products • Concrete- Hanson Precast 14. Renewal of the contracts for Asphalt Oil & Emulsion with no chances to the terms conditions and Pricing from the previous contract, as follows: • Primary- Martin- AEP • Ergon- CRS -2 & SS-1 • Secondary- Cleveland- AEP. CRS -2 & SS-1 15. 18. Annual Contract for Portable toilet rental wan pca crop m uo ruipes. anaroval of Commissioners Court through September 30 2011 17, Cooperative Agreement with the Office of the Attorney General for the State of Texas for Registr 18. Contract with Easterwood Airport for FY 2011. 19. ING Employee Benefits Group Disclosure Agreement. 20. 21, Renewal of the Contract for Aggregate for Surtace Treatment with no change in terms, conditions and Pricing, as follows with contract term of 10/15/2010 - 10114/2011: • Grades 3.4 &5 Loaded and Hauled - Knife River • Lightweight Aggregate - TXI. 22. Contract and capital re ulsition with Building Abatement Demolition Company, Inc. for removal of asbestos from the north wall of the Brazos County Courthouse. 23. Renewal of the Contract with Pro Star for cleaning supplies for the Brazos County Jail. 24, Contract with Austin Environmental Inc for asbestos abatement monitoring on the exterior north wall of the Brazos County Courthouse. 25. Contract with Austin Environmental Inc for an asbestos survey on bathrooms prior to remodeling at the Brazos Center. 26. Contract with the South Brazos County Fire Department Inc for FY 2011. 27. Contract with the District Two Volunteer Fire Department Inc. Brazos County for FY 2011. 28, Contract with the Brazos County Precinct 3 Volunteer Fire Department. Inc. for FY 2011. 29, Contract with the Brazos County Precinct Four Volunteer Fire Department Inc. for FY 2011. 30. 31 Capital Requisition 00031358 in the amount of $108.54 to Lithia Auto for thqpurohase of wiring connector kits for the Dodge Chargers purchased at the end of Fiscal Year 2010. Vol. _ 1 o Pg a 32. 33. Reguishion 00031359 in the amount of $375.00 for the purchase of graphics for the Precinct 4 Constable's new 2010 Dodge Charger. 34. 35. Payment Authorization in the amount of $500.00 to the Department of Homeland Security / USCIS for a fraud Prevention fee for the Information Technology Dept. 36. Permission for the Victim Assistance Coordinator Position In the District Attorney's Office to continue at part time (20 hours /week) for the 2010 -2011 budget year. 37. Tax Refund Applications for the following: • Ernest Moore, Jr • Kerry R Hoag • Victoria Johnson • SNS Investments • Rhonda Winn -Havel • Harvey L & Mary Alice McFalls • Michelle Ann Johnson • Juan Antonio & Patricia A Romero • Felipe Silva • Andrew & Cecily E Horton Schneck • Pick's Pest & Lawn • Gerald W & Janet S Guillory • Charles D Ivy • Annie Mae Dyson • EZ Wash Inc • Paul M Sr & Annie Truifllo • Avis Car Rentals 38. Budget Amendments. Budget Amendments 09/10- 51.1 thru 51.5. Budget Amendments 10/11 - 1.1 thru 1.5. 39. Capital Manual Reguisition in the amount of $3,455.00 to Automated Business Solutions for the purchase of a pressure sealer for the Brazos County Treasurer's Office. 40. Personnel Change of Status. Personnel Action Forms. 41. Payment of Claims. 42. Convene Into Executive Session Pursuant to Section 551.087 of the Texas Government Code to discuss economic development negotiations. 43. Consider and possible action on the Executive Session. 44, Acknowledgement of the Monthly Reports submitted in September 2010 These reports are available for review in the County Judge's Office. 45. Announcement of interest items and possible future agenda topics. 46. Call for Citizen input and /or concerns. Vol.____ q O P8• 47. Agency/ Board/ Committee reports by Court members. 48. Adjourn. Vol. 114 0 pg._ �---- 454 PUBLIC COMMENTS Public Comment during the Commission Meeting may be for all matters, both on and off the agenda, and be limited to four minutes per person. Persons are invited to submit comments in writing on the agenda items and/or attend and make comment at the Commission meeting. Members of the public are reminded that the Brazos County Commissioners Court is a Constitutional Court, with both judicial and legislative powers, created under Article V, Section 1 and Section 18 of the Texas Constitution. As a Constitutional Court, the Brazos County Commissioners Court also possesses the power to issue a Contempt of Court Citation under Section 81.024 of the Texas Local Government Code. Accordingly, members of the public in attendance at any Regular, Special and/or Emergency meeting of the Court shall conduct themselves with proper respect and decorum in speaking to, and/or addressing the Court; in participating in public discussions before the Court; and in all actions in the presence of the Court. Those members of the public who are inappropriately attired and/or who do not conduct themselves in an orderly and appropriate manner will be ordered to leave the meeting. Refusal to abide by the Court's Order and/or continued disruption of the meeting may result in a Contempt of Court Citation. It is not the intention of the Brazos County Commissioners Court to provide a public forum for the demeaning of any individual or group. Neither is it the intention of the Court to allow a member (or members) of the public to insult the honesty and/or integrity of the Court, as a body, or any member or members of the Court, or County employees, individually or collectively. Accordingly, profane, insulting or threatening language directed toward the Court and/or any person in the Court's presence and/or racial, ethnic or gender slurs or epithets will not be tolerated. Violation of these rules may result in the following sanctions: 1. cancellation of a speakers time; 2. removal from the Commissioners Court; 3. a Contempt Citation; and/or 4. such other and/or criminal sanctions as may be authorized under the Constitution, Statutes and Codes of the State of Texas. The County Commissioners Court can deliberate or take action only if a matter has been listed on an agenda properly posted prior to the meeting. During the public comment period, speakers may address matters not listed on the published agenda. The Open Meeting Law does not expressly prohibit responses to public comments by the Commissioners Court. However, responses from the County Judge or Commissioners to unlisted public comment topics could become deliberation on a matter without notice to the public. To ensure the public has notice of all matters the Commissioners Court will consider, the County Judge and/or Commissioners may choose not to respond to public comments, except to correct factual inaccuracies, recite existing policy in response to an inquiry or to ask that a matter be listed on a future agenda. See Texas Open Meetings Act §551.042. The Commissioners Courtroom of the County Administration Building, 200 South Texas Ave., suite 106, Bryan, TX 77803 is wheelchair accessible. Handicap parking spaces are available. Any request for sign interpretive services must be made two working days before the meeting. To make arrangements, please call (979) 361 -4102. Vol. q C) Pg. r BRAZOS COUNTY BRYANJEXAS MINUTES October 12, 2010 BRAZOS COUNTY COMMISSIONERS COURT REGULAR MEETING A regular meeting of the Commissioners' Court of Brazos County, Texas was held in the Brazos County Commissioners Courtroom in the Administration Building, 200 South Texas Avenue, in Bryan, Brazos County, Texas, beginning at 4:00 p.m. on Tuesday, October 12, 2010 with the following members of the Court present: Randy Sims, County Judge, Presiding; Lloyd Wassermann, Commissioner of Precinct 1; Duane Peters, Commissioner of Precinct 2; Kenny Mallard, Commissioner of Precinct 3; Irma Cauley, Commissioner of Precinct 4; Karen McQueen, County Clerk. The attached sheets contain the names of the citizens and officials that were in attendance. Invocation and Pledge of Allegiance - Judge Sims. 2. Call for Citizen input and /or concerns. Wayne Dicky, Jail Administrator reported: There were 565 inmates in jail, 40 on electronic monitors and 40 are pending for monitors. Consider and take action on agenda items 3 - 43: 3. Appointment of Lynn Yeager, Executive Director of The Prenatal Clinic, to the Brazos County Child Welfare Board. Term of appointment is 10/15/2010 to 5/31/2012. Lynn Yeager, Executive Director of The Prenatal Clinic, appointed to a term commencing Vol. I q 0 Pg. October 15, 2010 through May 31, 2012. Motion: Approve, Moved by Commissioner Duane Peters, Seconded by Commissioner Irma Cauley. Passed. 5 -0. Members voting Aye: Cauley, County Judge Sims , Mallard, Peters, Wasserman . 4, Designation of Sharon Rose, Court Coordinator for County Court at Law #2, as a substitute for Judge Locke on the Bail Bond Board when he is unavailable for their meetinas. Sharon Rose designated as a substitue for Judge Locke on the Bail Bond Board when he is unavailable to attend Board meetings. Motion: Approve , Moved by Commissioner Duane Peters, Seconded by Commissioner Irma Cauley. Passed. 5 -0. Members voting Aye: Cauley, County Judge Sims, Mallard, Peters, Wasserman. 5, Brazos County Payroll for FY 2011. The total payroll for Fiscal Year 2011 is $43,956,507.00. Motion: Approve , Moved by Commissioner Lloyd Wasserman, Seconded by Commissioner Kenny Mallard. Passed. 5 -0. Members voting Aye: Cauley, County Judge Sims, Mallard , Peters , Wasserman . 6. Submission of the 2010 Brazos County Tax Roll for approval by governing body per Sec. 26.09 (e) of the Texas Property Tax Code. Per Section 26.09(e) of the Texas Property Tax Code approval of total $52,284,820.82 Motion: Approve, Moved by Commissioner Irma Cauley, Seconded by Commissioner Duane Peters. Passed. 5 -0. Members voting Aye: Cauley, County Judge Sims , Mallard , Peters , Wasserman . 7, Order 10 -017 directing the Payroll Fund to the General Fund of Brazos County. Directing by Order that the money that otherwise would be deposited in a salary fund be depostied in the general fund of Brazos County. A copy of the Order is attached. Motion: Approve, Moved by Commissioner Irma Cauley, Seconded by Commissioner Duane Peters. Passed. 5 -0. Members voting Aye: Cauley , County Judge Sims , Mallard , Peters , Wasserman . Order 10.016 prohibitina outdoor burnina in Brazos County for ninety (90) days, effective Immediately. Chuck Frazier, Emergency Management Coordinator stated KBI average is at 591. It is not high enough to warrant a burn ban. Motion: Table , Moved by Commissioner Duane Peters, Seconded by Commissioner Lloyd Wasserman. Passed. 5 -0. Members voting Aye: Cauley, County Judge Sims , Mallard , Peters , Wasserman . Resolution 10 -015 authorizing Brazos County to submit a grant application for and participate In the 2011 Indigent Defense Formula Grant Program. Approval of Resolution 10 -015 for the Indigent defense Grant Program, designating the County Judge as the Program Director and the County Auditor as the Financial Officer for the grant. A copy of the Resolution is attached. Motion: Approve, Moved by Commissioner Irma Cauley, Seconded by Commissioner Lloyd Wasserman. Passed. 5 -0. Members voting Aye: Cauley , County Judge Sims , Vol. /+0 Pg.�— Mallard, Peters, Wasserman. 10, Contract with the Sexual Assault Resource Center for FY 2011. 11. Term of contract for twelve (12) months commencing on October 1, 2010 and terminating on September 30, 2011. Cost to Brazos County $18,000.00. A copy of the contract is attached. Motion: Approve, Moved by Commissioner Lloyd Wasserman, Seconded by Commissioner Irma Cauley. Passed. 5 -0. Members voting Aye: Cauley , County Judge Sims, Mallard , Peters, Wasserman . Renewal of Bid #09 -0026 with Brenco Marketing with no increase in price. A copy is attached. Motion: Approve , Moved by Commissioner Duane Peters, Seconded by Commissioner Lloyd Wasserman. Passed. 5 -0. Members voting Aye: Cauley, County Judge Sims, Mallard , Peters , Wasserman . 12. Renewal of the Contract for road striping with Highway Technologies, with no changes to the terms, conditions and pricina from the previous contract. Term of agreement is 10/15/2010 through 10/14/2011. 13. 14. Renew Bid #2010 -02R with Lane Striping and Pavement Markers under new Bid #2011 - 02R with no increase in price. A copy is attached. Motion: Approve , Moved by Commissioner Irma Cauley, Seconded by Commissioner Lloyd Wasserman. Passed. 5 -0. Members voting Aye: Cauley, County Judge Sims , Mallard , Peters , Wasserman . Renewal of Bid #2010 -01, Steel and Aluminum Culverts with Contech Construction Products under the new Bid #2011 -01 R and renewal of Bid #2010 -01 Concrete Culverts with Hanson Precast under the new Bid #2011 -01 R both with no increases in price to the County. A copy of each is attached. Motion: Approve, Moved by Commissioner Lloyd Wasserman, Seconded by Commissioner Duane Peters. Passed. 5 -0. Members voting Aye: Cauley , County Judge Sims, Mallard , Peters, Wasserman . Renewal of Bid #2010 -35 and 36, Asphalt, Oil, & Emulsion with Ergon Asphalt and Emulsions and Cleveland Asphalt with no increases in price to the County. A copy is attached. Motion: Approve, Moved by Commissioner Irma Cauley, Seconded by Commissioner Lloyd Wasserman. Passed. 5 -0. Members voting Aye: Cauley, County Judge Sims , Mallard , Peters, Wasserman . 15. Renewal of the Contract with Lone Star Uniforms and TVler Uniforms for uniform purchases for Brazos County Sheriff's Department. Vol._.. �' � PS•-- -�-- -- Renewal of Bid #2009 -053, Uniform Purchase for the Sheriff's Department with Lone Star Uniforms and Tyler Uniforms under the new bid number of 2010 -45R. A copy is attached. Motion: Approve, Moved by Commissioner Duane Peters, Seconded by Commissioner Lloyd Wasserman. Passed. 5 -0. Members voting Aye: Cauley, County Judge Sims , Mallard, Peters, Wasserman. 16. Annual Contract for portable toilet rental with BCS Stop 'N' Go Potties. Contract tens would start upon approval of Commissioners Court through September 30, 2011. Annual contract for portable toilet rental with BCS Stop'N' Go Potties. A copy of the quote is attached. Motion: Approve, Moved by Commissioner Duane Peters, Seconded by Commissioner Kenny Mallard. Passed. 5 -0. Members voting Aye: Cauley, County Judge Sims, Mallard , Peters, Wasserman . 17. Cooperative Agreement with the Office of the Attorney General for the State of Texas for Registry Only court order Information relating to child support, protective orders and family violence under the Texas Family Code: term of agreement is 9/01/2010 - 8/31/2012. FYI 1 /12 State Case Registry and Local Customer Service Contract with the Attorney General of Texas to provide Court Order information relating to Child Support, Protective Orders, Family Violence and Parent -Child Relationship. A copy is attached. Motion: Approve, Moved by Commissioner Irma Cauley, Seconded by Commissioner Duane Peters. Passed. 5 -0. Members voting Aye: Cauley, County Judge Sims, Mallard , Peters, Wasserman . 18. Contract with Easterwood Airport for FY 2011. Have not received signed copy of the contract from Easterwood Motion: Removed, Moved by Commissioner Duane Peters, Seconded by Commissioner Lloyd Wasserman. Withdrawn. 5 -0. Members voting Aye: Cauley , County Judge Sims , Mallard , Peters , Wasserman . 19. ING Employee Benefits Group Disclosure Agreement. ING Employee Benefits Group Disclosure Agreement copy attached. Motion: Approve, Moved by Commissioner Duane Peters, Seconded by Commissioner Irma Cauley. Passed. 5 -0. Members voting Aye: Cauley , County Judge Sims, Mallard , Peters , Wasserman . 20. Contract with Ikon Office Solutions for the lease of three (3) copiers through Buy Board Contract #299- 08 for the Brazos County Detention Center. 21. 60 month term with a monthly payment of $1,015.00 Motion: Approve, Moved by Commissioner Irma Cauley, Seconded by Commissioner Duane Peters. Passed. 5 -0. Members voting Aye: Cauley, County Judge Sims, Mallard , Peters , Wasserman . Renewal of Bid #2010 -03, Aggregate for Surface Treatment with Knife River and TXI Vol. 140 pg, 9 under new Bid #2011 -03R with no increase in price. A copy is attached. Motion: Approve, Moved by Commissioner Lloyd Wasserman, Seconded by Commissioner Irma Cauley. Passed. 5 -0. Members voting Aye: Cauley, County Judge Sims, Mallard, Peters, Wasserman . 22, Contract and capital requisition with Building Abatement Demolition Company. Inc. for removal of asbestos from the north wall of the Brazos County Courthouse. Approval of Building Abatement Demolition Company, Inc. to remove and dispose of all asbestos containing black mastic from the interior side of the exterior concrete panels that will be removed from the exterior facade of the Courthouse structure at an estimated cost of $40,000.00. Motion: Approve, Moved by Commissioner Irma Cauley, Seconded by Commissioner Duane Peters. Passed. 5 -0. Members voting Aye: Cauley, County Judge Sims, Mallard , Peters, Wasserman . 23. Renewal of the Contract with Pro Star for cleaning supplies for the Brazos County Jail. To renew Bid #2009 -052, Cleaning Supplies for the Jail with Pro Star Industries under the new Bid #2010 -42R. A copy is attached. Motion: Approve, Moved by Commissioner Duane Peters, Seconded by Commissioner Irma Cauley. Passed. 5 -0. Members voting Aye: Cauley, County Judge Sims, Mallard, Peters , Wasserman . 24, Contract with Austin Environmental. Inc. for asbestos abatement monitoring on the exterior north wall of the Brazos County Courthouse. Approve Austin Environmental, Inc. for asbestos abatement monitoring the removal and disposal of all asbestos containing black mastic from the interior side of the exteriorconcrete panels that will be removed from the exterior facade of the Courthouse structure. Cost to be $6,000.00 Motion: Approve, Moved by Commissioner Irma Cauley, Seconded by Commissioner Duane Peters. Passed. 5 -0. Members voting Aye: Cauley, County Judge Sims , Mallard , Peters , Wasserman . 25. Contract with Austin Environmental. Inc for an asbestos survey on bathrooms prior to remodeling at the Brazos Center. Approve Austin Environmental, Inc. for an asbestos surrey on two bathrooms located at the Brazos Center. Cost will be $550.00 Motion: Approve, Moved by Commissioner Duane Peters, Seconded by Commissioner Lloyd Wasserman. Passed. 5 -0. Members voting Aye: Cauley, County Judge Sims , Mallard , Peters, Wasserman . 26. Contract with the South Brazos County Fire Department. Inc. for FY 2011. The term shall be from October 1, 2010 and terminate on September 20, 2011 at a cost of $29,000.00 to Brazos County. Motion: Approve, Moved by Commissioner Lloyd Wasserman, Seconded by Commissioner Irma Cauley. Passed. 5 -0. Members voting Aye: Cauley , County Judge Sims, Mallard , Peters, Wasserman . 27. Contract with the District Two Volunteer Flre Department, Inc.. Brazos County for FY 2011. V0 1. ) q 0 pg. 1 b The term shall be from October 1, 2010 and terminate on September 20, 2011 at a cost of $29,000.00 to Brazos County. Motion: Approve , Moved by Commissioner Duane Peters, Seconded by Commissioner Lloyd Wasserman. Passed. 5 -0. Members voting Aye: Cauley , County Judge Sims, Mallard . Peters , Wasserman . 28, Contract with the Brazos County Precinct 3 Volunteer Fire Department. Inc, for FY 2011. The term shall be from October 1, 2010 and terminate on September 20, 2011 at a cost of $29,000.00 to Brazos County Motion: Approve, Moved by Commissioner Kenny Mallard, Seconded by Commissioner Irma Cauley. Passed. 5 -0. Members voting Aye: Cauley, County Judge Sims , Mallard , Peters , Wasserman . 29. Contract with the Brazos County Precinct Four Volunteer Fire Department. Inc. for FY 2011. The term shall be from October 1, 2010 and terminate on September 20, 2011 at a cost of $29,000.00 to Brazos County Motion: Approve, Moved by Commissioner Irma Cauley, Seconded by Commissioner Duane Peters. Passed. 5 -0. Members voting Aye: Cauley, County Judge Sims, Mallard , Peters, Wasserman . 30. Intergovernmental Transfer to the Health and Human Services Commission of the State of Texas for FY 2011. Commissioner Cauley moved to approve, but withdrew her motion after discussion from Commissioner Peters. Commissioner Peters moved to approve the quarterly payment of $200,000. Commissioner Peters withdrew his motion after discussion by the Court. Finally, Commissioner Peters moved to authorize the amount of $800,000 to be paid in fiscal year 2011. $200,000 to be paid immediately. Commissioner Cauley seconded this motion, and the Court voted unanimously to approve. Motion: Approve w/ Conditions, Moved by Commissioner Duane Peters, Seconded by Commissioner Irma Cauley. Passed. 5 -0. Members voting Aye: Cauley, County Judge Sims, Mallard , Peters, Wasserman . 31. Capital Reguisition 00031358 In the amount of $108.54 to Lithia Auto for the purchase of wiring connector kits tar the Dodge Chargers purchased at the end of Fiscal Year 2010. Motion: Approve, Moved by Commissioner Lloyd Wasserman, Seconded by Commissioner Duane Peters. Passed. 5 -0. Members voting Aye: Cauley , County Judge Sims, Mallard, Peters, Wasserman . 32. Capital Reguisition 00031356 in the amount of $37,646.00 to Caldwell Country Chevrolet for the purchase of two (2) new 2011 Chevrolet Impalas for the County Attorney's Office. Motion: Approve, Moved by Commissioner Irma Cauley, Seconded by Commissioner Duane Peters. Passed. 5 -0. Members voting Aye: Cauley, County Judge Sims, Mallard , Peters, Wasserman. 33. Reguisition 00031359 in the amount of $375.00 for the purchase of graphics for the Precinct 4 Constable's new 2010 Dodge Charger. Motion: Approve, Moved by Commissioner Irma Cauley, Seconded by Commissioner Vol. 14 6 pg. I I Lloyd Wasserman. Passed. 5 -0. Members voting Aye: Cauley, County Judge Sims, Mallard , Peters, Wasserman . 34. Payment Authorization in the amount of $1.820.00 to the Department of Homeland Security/ USCIS for a base fee and tra(Nng fee for the Information Technology Dept. Motion: Approve, Moved by Commissioner Irma Cauley, Seconded by Commissioner Duane Peters. Passed. 5 -0. Members voting Aye: Cauley, County Judge Sims, Mallard , Peters , Wasserman . 35. Payment Authorization in the amount of $500.00 to the Department of Homeland Security/ USCIS for a fraud prevention fee for the Information Technology Dept. Motion: Approve , Moved by Commissioner Irma Cauley, Seconded by Commissioner Duane Peters. Passed. 5 -0. Members voting Aye: Cauley, County Judge Sims , Mallard , Peters, Wasserman . 36. Permission for the Victim Assistance Coordinator Position in the District Attorney's Office to continue at Part time (20 hours /week) for the 2010 -2011 budget Year. 37 Motion: Approve , Moved by Commissioner Lloyd Wasserman, Seconded by Commissioner Irma Cauley. Passed. 5 -0. Members voting Aye: Cauley, County Judge Sims, Mallard , Peters, Wasserman . Tax Refund Applications for the following: a. Ernest Moore, Jr., over payment $42.23 b. Stacey Hogg, over payment $100.00 c. Vanderbilt Mortgage & Finance, Inc., over payment $99.98 d. SNS Investments, over payment $575.59 e. Rhonda Winn - Havel, over payment $100.00 f. Capital Title of Texas LLC., over payment $1,319.12 g. Citi Mortgage, over payment $285.50 h. Wells Fargo Real Estate, over payment $300.01 i. Felipe Silva, over payment $13.89 j. Chase Home Finance, LLC., over payment $4,414.95 k. Pick's Pest & Lawn, over payment $7.52 I. Gerald W & Janet S Guillory, over payment $10.00 m. Charles D Ivy, over payment $300.02 n. Annie May Dyson, over payment $7.34 o. EZ Wash Inc., over payment $46.34 p. Paul M. Sr. & Annie Trujillo, over payment $100.00 q. Checker Leasing, Inc., over payment $8,688.24 Motion: Approve , Moved by Commissioner Duane Peters, Seconded by Commissioner Lloyd Wasserman. Passed. 5 -0. Members voting Aye: Cauley, County Judge Sims, Mallard , Peters, Wasserman . 38. Budget Amendments. , Budget Amendments 09/10- 51.1 thru 51.5. Budget Amendments 09/10 -51.1 through 51.5 Vol. I y Z) Pg. 51.1 Tranfer funds from Contingeny to Debt Service Fund 51.2 Transfer funds from Contingency to Jail 51.3 Transfer funds from Contingency to Court Support Costs 51.4 Transfer funds from Contingency to Health & Life Insurance Fund 51.5 Recognize revenue realized in the Health & Life Insureance Fund for FY2010 A copy of each is attached. Motion: Approve, Moved by Commissioner Irma Cauley, Seconded by Commissioner Kenny Mallard. Passed. 5 -0. Members voting Aye: Cauley, County Judge Sims, Mallard , Peters, Wasserman . Budget Amendments 10/11 - 1.1 thru 1.5. Budget Amendments 10/11 -1.1 through 1.5 1.1 Transfer from Contingency to County Court at Law #1 1.2 Transfer from Contingency to County Treasurer 1.3 Transfer from Contingency to IT 1.4 Transfer from Contingency to Sheriff Office -Jail Division 1.5 Transfer from Contingency to Court Annex A copy of each amendment is attached Motion: Approve, Moved by Commissioner Irma Cauley, Seconded by Commissioner Duane Peters. Passed. 5 -0. Members voting Aye: Cauley, County Judge Sims, Mallard , Peters, Wasserman. 39. Capital Manual Requisition in the amount of $3.455.00 to Automated Business Solutions for the Purchase of a pressure sealer for the Brazos County Treasurer's Office. Motion: Approve , Moved by Commissioner Duane Peters, Seconded by Commissioner Irma Cauley. Passed. 5 -0. Members voting Aye: Cauley, County Judge Sims, Mallard , Peters, Wasserman . 40. Personnel Change of Status. Personnel Actlon Forms. Approved as submitted. A copy is attached. Motion: Approve, Moved by Commissioner Duane Peters, Seconded by Commissioner Lloyd Wasserman. Passed. 5 -0. Members voting Aye: Cauley , County Judge Sims, Mallard , Peters , Wasserman . 41. Payment of Claims. The Court approved the following claims as submitted by the County Treasurer for payment: 7079351 through 7079779 Motion: Approve , Moved by Commissioner Duane Peters, Seconded by Commissioner Lloyd Wasserman. Passed. 5 -0. Members voting Aye: Cauley, County Judge Sims , Mallard , Peters, Wasserman . 42, Convene into Executive Session Pursuant to Section 551.087 of the Texas Government Code to discuss economic development negotiations. VOI.�Pg. The County Judge skipped down to take items 44 -46 before convening into Executive Session. At 4:34 p.m. the County Judge announced the meeting closed to the public so that the Court could meet in closed Executive Session to discuss economic development negotiations as allowed under Section 551.087 of the Texas Government Code. Bill Ballard, Assistant County Attorney, Fang Deng, Assistant County Auditor, Brian Pratt, Assistant County Auditor, Will Bailey, Assistant Budget Officer, Debbie Lockledge, Administrative Assistant to the County Judge and Candy Gallego, Executive Assistant to Commissioners Court were asked to stay for the closed session. Commissioner Wassermann was unable to attend the Executive Session. 43. Consider and Possible action on the Executive Session. At 4:51 p.m. the County Judge announced the meeting open to the public. On motion by Judge Sims, seconded by Commissioner Cauley, the Court voted unanimously to approve the attached resolution authorizing the County Judge to execute a grant Agreement with the State of Texas for the purpose of an economic development project, specifically Project Green Vax. Motion: Approve , Moved by Randy County Judge Sims, Seconded by Commissioner Irma Cauley. Passed. 4 -0. Members voting Aye: Cauley, County Judge Sims , Mallard, Peters. Members Absent: Wasserman. a) Agreement for the defense Economic Adjustment Assitance Grant between the Office of the Governor, Texas Military Preparedness Commission and Brazos County for the purpose of redevelopment of communities that have been adversely or positively affected by a base realignment and closure action. b) Subcontract Agreement between G -Con and Brrazos County under the Agreement for the Defense Economic Adjustment Assistance Grant between the Office of the Governor, Texas Military Preparedness Commission and Brazos County, Texas for the development project or the purchase and installation of plant growing equipment as part of the construction of an advanced therapeutic manufacturing facility called. "Project Green Vax." Commissioners voted to approve both contracts. Copies of the contracts are attached. Motion: Approve, Moved by Commissioner Kenny Mallard, Seconded by Commissioner Irma Cauley. Passed. 4 -0. Members voting Aye: Cauley, County Judge Sims , Mallard Peters. Members Absent: Wasserman. 44. Acknowledgement of the Monthly Reports submitted in August 2010. These reports are available for review in the County Judge's Office. Acknowledgement of the following monthly reports submitted in August 2010. These reports are available for review in the County Judge's Office. County Clerk District Clerk Justice of the Peace Precinct 1 Justice of the Peace Precinct 2, Place 1 Justice of the Peace Precinct 2, Place 2 Justice of the Peace Precinct 3 Justice of the Peace Precinct 4 Constable, Precinct 1 Constable Precinct 2 i Vol. I___ D--- Pg I y Constable Precinct 3 Constable Precinct 4 Road & Bridge Agricultural Extension Office 45. Announcement of interest items and possible future agenda topics. 46. Call for Citizen input and /or concerns. 47. Agency/ Board/ Committee reports by Court members. Commissioner Mallard stated the Health District had its quarterly meeting. Don Plitt Head Sanitarian has been ticketing on site septic systems that are not being maintaind and have had warrants issued on them. 48. Adjourn. Vol. ( pg.- I The foregoing minutes of the Commissioners Court meeting held October 12, 2010 have been examined and are approved in open Court this the rO'- _day of N(y/cJe r 2010, in Bryan, Brazos County Coun Lloyd Wassermann Commissioner, Precinct 1 Duane Peters Kenny Mall Commissioner, Precinct 2 Commissioner, Precinc 3 Attest: Karen McQueen County Clerk 1 Vol d 4D Page 1(a Pg / of-'— BRAZOSCOUNTY COMMISSIONER'S COURT DAY OF 20� AM /PM, , ov Name (PLEASE PRINT) Organization (PLEASE PRINT) Y>U . & ,So ID4 Vol. 11+0 pg. I-] BRAZOSCOUNTY COMMISSIONER'S COURT /g::� DAY Name (PLEASE PRINT) G, A,, PgZofZ- OF , 2416 AM /PM, Organization (PLEASE PRINT) Pa•�/a i�, -�Q Ar- CL L — �:Mlo,Dt,1 ,, k- Z.T A.,�'7L;- Vol. ____1-� 0 pg I g ---- Brazos County Courthouse 200 S. Texas Ave., Suite 240 Bryan, Texas 77803 MEMORANDUM DATE: October 4, 2010 TO: Randy Sims, Brazos County Judge Lloyd Wasserman, Commissioner Pct. 1 Duane Peters, Commissioner Pct. 2 Kenny Mallard, Commissioner Pct. 3 Ir�ma Cauley, Commissioner Pct. 4 FROM: aJC y � IWmiltozos oun Treasurer RE: The following agenda items: (1) Approve the Annual Payroll and (2) Direct the Payroll.Fund to the General Fund (1) Approval of the Brazos County PavWll for Fiscal year..2011 (10/01/10 SALARY AND WAGES 31.388,681 .00 BENEFITS 4 12 567 826 00 (2) TOTAL S 43 956 507:00 fund of Brazos County. KAY HAMILTON County Treasurer (979) 361 -4340 154.007. Use of General Fund Instead of Salary Fund (a) At its first regular meeting In the first month of each fiscal year, the commissioners court may directs by order entered, In its minutes, that all money that otherwise would be deposited in a salary fund created under this chapter shall be deposited in the general fund of the county. (b) In a county in which the order is adopted, a reference in this chapter (154) to a salary fund means the general fund. Acts 1987, 7dh Leg., ch. 149, 1, eff. Sept. 1, 1987 qR ySims, County Judge date VOI. -� ��` 1 BRAZOS County 2010 LEVY TOTALS G1- BRAZOSCOUNTY Property Count: 118,605 Grand Totals 10/112010 10:15:29AM and r <ValueS Homesite: 1,236,909,193 Non Homesite: 1,671,408,293 Ag Market: 935,032,184 Timber Market: 0 Total Land ( +) 3,843,349,670 Net Taxable = 10,946,345,937 reeze <z �ASSessetlx Taxable Homesite: y Ceiling Count *: DP 41,196,505 5,100,613,800 154,338.46 164,145.76 392 Non Homesite: 956,400 956,400 3,876.17 3,659,859,880 Total Improvements ( +) 8,760,473,680 Non,Real.p; Count; yVa UE4; Total 1,147,273,407 Personal Property: 2,348,103.01 7,820 Tax Rate 1,184,936,590 Mineral Property: 45,489 261,552,006 Autos: 0 0 Total Non Real ( +) 1,446,490,596 Market Value = 14,050,313,946 Ag " -Nan Exempt ;i =r � xem :; Total Productivity Market: 933,714,834 1,317,350 Ag Use: 33,964,374 11,880 Productivity Loss ( -) 899,750,460 Timber Use: 0 0 Appraised Value = 13,150,563,486 Productivity Loss'. 899,750,460 1,305,470 Homestead Cap) 17,787,761 Assessed Value = 13,132,775,725 AB 19 31,032,202 0 31,032,202 CH 7 544,636 0 544,636 DP 420 0 0 0 DPS 7 0 0 0 DV1 281 0 2,483,000 2,483,000 DV1S 21 0 105,000 105,000 DV2 172 0 1,670,730 1,670,730 DV2S 4 0 30,000 30,000 OV3 132 0 1,371,370 1,371,370 DV3S 2 0 20,000 20,000 DV4 186 0 1,056,630 1,056,630 DWS 50 0 580,450 580,450 DVHS 118 0 19,196,497 19,196,497 EX 1,833 0 1,583,873,906 1,583,873,906 EX(Prorated) 42 0 1,552,504 1,552,504 EX366 25,287 0 886,619 886,619 FR 27 42,809,316 0 42,809,316 OV65 7,270 494,150,311 0 494,150,31.1 OV65S 27 1,391,417 0 1,391,417 PC 15 3,675,200 0 3,675,200 Total Exemptions ( -) 2,186,429,788 Net Taxable = 10,946,345,937 reeze <z �ASSessetlx Taxable •;ACtua Tex y Ceiling Count *: DP 41,196,505 37,445,599 154,338.46 164,145.76 392 DRS 956,400 956,400 3,876.17 3,885.39 7 OV65 1,105,120,502 624,435,170 2,189,888.38 2,217,734.19 6,893 Total 1,147,273,407 662,837,169 2,348,103.01 2,385,765.34 7,292 Freeze Taxable ( -) 662,837,169 Tax Rate 0.485500 G11237993 Page 10 of 17 True Automation, lno. Vol. IqD pg,. 72 BRAZOS county 2010 LEVY TOTALS Property Count: 118,605 GI- BRAZOSCOUNTY Grand Totals 10/1/2010 10:15:29AM Freeze Adjusted Taxable 10,283,508,768 T t M &O Rate:% 0.401200 M &O Tax: 43,197,426.25 I &S Rate: 0.084400 I &S Tax: 9,087,394.57 Protected I &S Rate: 0.000000 Protected I &S Taz: 0.00 Ag Penalty: 0.00 Tax Increment Finance Value: Tax Increment Finance Levy: Total Levy npJgment 490,385,558 2,381,312,27 APPRnVFTI- 52,284,820.82 G11237993 Page 11 of 17 True Automation, Inc. Vol. _ (L— Pg• °1— STATE OF TEXAS § COUNTY OF BRAZOS § BRAZOSCOUNTY BRYAN,TEXAS ORDER NO. 10 -017 DIRECTING THE PAYROLL FUND TO THE GENERAL FUND 4/77 IT IS HEREBY ORDERED by the Commissioners Court of Brazos County that all money that would otherwise be deposited in a salary fund created under Chapter 154 of the Local Government Code shall be deposited in the general fund of Brazos County. This Order is adopted pursuant to §154.007 of the Local Government Code. ADOPTED this 1P day of October, 2010 by a vote of S_ ayes and Q nays. Sims, County Judge ATTEST: � 'Karen McQueen, County Clerk office of the County Judge • 200 South Texas Ave. • Suite 332 • Bryan, Texas 77803 • Pax: (979) 361 -4503 2 Vol. _.1` -�.= -- pg• k!) 2011 Brazos County Resolution Indigent Defense Grant Program WHEREAS, under the provisions of the Fair Defense Act, 77th Regular Session, counties are eligible to receive grants from the Task Force on Indigent Defense to provide improvements in indigent defense services in the county; and WHEREAS, this grant program will assist the county in the implementation of the provisions of the Fair Defense Act and the improvement of the indigent criminal defense services in this county; and WHEREAS, Brazos County Commissioners Court has agreed that in the event of loss or misuse of the funds, Brazos County Commissioners assures that the funds will be returned in full to the Task Force on Indigent Defense. NOW THEREFORE, BE IT RESOLVED and ordered that the County Judge of this county is designated as the Authorized Official to apply for, accept, decline, modify, or cancel the grant application for the Indigent Defense Formula Grant Program and all other necessary documents to accept said grant; and BE IT FURTHER RESOLVED that the County Judge is designated as the Program Director and contact person for this grant and the County Auditor is designated as the Financial Officer for this grant. Adopted this a4 day of (I?& -en 12010. dy Sims County Judge Attest: County Clerk Internet Submission Form After submitting the formula grant application on -line, the following Internet submission confirmation number was received # This grant application submissiolijwas in accordance with the Commissioners Court Resolution above. ) /l Judge Resolution 10 -015 Vol. No Pg' 2011 Brazos County Formula Grant Program Application Confirmation 2011 Brazos County Formula Grant Program Application Confirmation County: Brazos Fiscal Year: 2011 Confirmation Number: 201102120101004 Projected Allocation: $82,308.00 County's FY01 Baseline: $724,751.00 State Payee Identification number: #120 Division or unit within the county to administer the grant: Judicial Official County Mailing Address: 200 S. Texas Ave Bryan, TX 77803 The County Judge is Randy Sims. The Financial Officer is the County Auditor, Katie Conner. The Local Administrative District Judge is J. D. Langley. The Local Administrative Statutory County Court Judge is Amanda Matzke. The Chairman of the Juvenile Board is Randy Sims. Indigent Defense Plan Review Summary Juvenile District County Board Plan Plan Plan Complete Complete Complete The plan requirements appear to have been met. Page 1 of 1 Receive Plan Mailings F F F After printing out the Resolution / Internet Submission Form and obtaining the appropriate signatures, mail or fax the form to: Darby Johnson, PPRI 335 H.C. Dullie Bell Building TAMU Maiistop 4476 College Station, Texas 77843 -4476 Fax number: 888 - 351 -3485 Resolution / Internet Submission Form: Click on link to open new window with Sample resolution. This may be printed or copied (Ctrl +A, CtrI +C) and pasted (Ctrl +V) into Word Processing software for editing. Word Version https: / /tfid. tamu. edu/ FormulaGrantProgrur�FjYT�pplicatiMConfinnAioT .asp ?County_ID... 10/4/2010 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 COUNTY RAPE CRISIS CENTER, INC., dba Sexual Assault Resource Center (hereinafter "Provider "), located in Bryan, Texas. RECITALS: WHEREAS, the County has the objective of providing support services to the victims of sexual assault; and WHEREAS, the Provider shares this common goal with the County; and WHEREAS, the County desires to assist the Provider in providing support services to victims of sexual assault through funds provided by the County. NOW THEREFORE, the parties above stated agree to the following terms and conditions to provide such support services. TERM This contract shall be for a term of twelve (12) months commencing on the I" day of October, 2010, and terminating 3 "day of September, 2011. CANCELLATION This contract may be canceled by any parties hereto upon sixty (60) days written notice as provided herein. SERVICES TO BE PERFORMED BY PROVIDER The Provider will provide services to victims of sexual assault and their families. These services will include: a 24 -hour hotline and 24 -hour escort service; one -to -one counseling; group counseling; community awareness programs; Speaker's Bureau; training and supervision of volunteers; training for law enforcement agency personnel, the medical community, clergy, staff of the District Attorney's office and psychologists. USE OF COUNTY FUNDS Funds to be furnished to Provider as stated herein below shall be used to offset operational expenses of the Provider, including rent, telephone expenses, and office supplies, as described in Exhibit A — Budget, attached hereto and made a part hereof for all purposes. Vol. Pg.____ °�-- COUNTY'S LIABILITY FOR PAYMENT The County agrees to fund the Provider a maximum amount of money totaling $18.000.00 for the term of this Contract. RESPONSIBILITIES OF PROVIDER Provider will be responsible for providing the following services pursuant to this Contract: 1. Maintaining this Contract; 2. Providing of the Provider's Services; 3. Maintaining data files on client's and the Services provided thereto; 4. Respond to all and any inquiries by the County regarding the Center and its Services; 5. Assist the County with information needed for audit purposes; 6. Provide the County with quarterly financial statements; 7. Provide the County with any and all certified audits of Provider and the management letter prepared in connection therewith; 8. Provide the Commissioners Court with statistics evidencing the number of Brazos County residents using the Provider's Services and the percentage Brazos County residents comprise of the total population using Provider's Services. RESPONSIBILITY OF COUNTY The County shall be responsible for the following duties and requirements 1. Provide County funds for the payment of the consideration stated herein. 2. Conduct a review of the 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 Center. 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 Vol. 14 D pg. a( 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, 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 limited to, the following: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rate 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. INDEMNITY The parties hereto agree to indemnify one another for and hold one another harmless from and against all suits, claims, demands, liabilities or actions resulting or alleged to result from the breach, violation or non - performance of the services stated herein and for any damage to any person resulting from any action or omission or r_cgligence on the part of each party hereto. 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. COUNTYINVOLVEMENT The County and Provider state that to the best of their knowledge, no officer, agent or employee of the County who exercises any function or responsibility in connection with the carrying out of this 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, certified mail RRR to the other party at the following addresses: Vol. J 4 b pg. a_� Brazos County Rape Crisis Center, Inc. P.O. Box 3082 Bryan, Texas 77805 Confidential Physical Location: 3131 East 29 °i Street, Bldg C, Bryan, TX. 77802 Brazos County c/o Commissioners Court Brazos County Courthouse 200 So. Texas Ave. No. 332 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. 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 understanding, oral or written, between or among the parties hereto, relating to the subject matter 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. Cr' DATED this 1.9— day of SgAeni%er, 2010. Bra: 0 AT Brazos County Rape Crisis Center, Inc. By: D A LC esident ATTEST: KAREN McQUEEN, County Clerk LAURA WINDWEHEN, Executive Director 4 Vol. ( q D pg. CONTRACT RENEWAL ACCEPTANCE By signing herewith, Brenco Marketing agrees to renew Annual Contract for Fuel, in accordance with all terms and conditions previously agreed to and accepted, and with no increase in price. I understand this agreement will be for the period beginning October 1, 2010 through September 30, 2011. Brenco Marketing —s Authorized Signature BRAZOS COUNTY Randy Sims, C96nty-Judge Date Date Vol. 110 Pg, oil CONTRACT RENEWAL ACCEPTANCE By signing herewith, Brenco Marketing agrees to renew Annual Contract for Fuel, in accordance with all terms and conditions previously agreed to and accepted, and with no increase in price. I understand this agreement will be for the period beginning October 1, 2010 through September 30, 2011. Brenco Marketing Authorized Signature BRAZOS COUNTY Randy Simjs; County Judge y- -30-/0 Date Date Vol. 1 4 0 p9- 30 CONTRACT RENEWAL ACCEPTANCE By signing herewith, 1 acknowledge and agree to renew the contract for Bid 2010 -02R, new Bid # 2011-02R, Lane Striping and Pavement Markers, in .accordance with all terms and conditions previously agreed to and accepted. The new contract /bid number will be 2011- 02R with no increase in price. The term of this renewal is from October 15, 2010 through October 14, 2011. I understand this agreement will be in effect upon approval by Commissioner's Court. HIGHWAY TECHNOLOGIES Date I(ev�h Pr�nce� �a7"wv�5 �'. BRAZOSCOUNTY 2 o Randy Sims, unty Judge Date ( �D 31 Vol. Pg. CONTRACT RENEWAL ACCEPTANCE By signing herewith, I acknowledge and agree to renew the contract for Bid 2010 -02R, new Bid # 2011 -02R, Lane Striping and Pavement Markers, in accordance with all terms and conditions previously agreed to and accepted. The new contract /bid number will be 2011 - 02R with no increase in price. The term of this renewal is from October 15, 2010 through October 14, 2011. I understand this agreement will be in effect upon approval by Commissioner's Court. HIGHWAY TECHNOLOGIES Authorized Signature 14 At-Pri n ee, BRAZOS COUNTY Wd 8 �o Date (0/(,)- L Date Vo1. 140 Pg. v; CONTRACT RENEWAL ACCEPTANCE By signing herewith, I acknowledge and agree to renew the contract for Bid 2010 -01, Culverts, in accordance with all terms and conditions previously agreed to and accepted. The new bid number will be 2011 -01R with no increases in price to the County. I understand this agreement will be in effect upon approval by Commissioner's Court and end on Almch -1—,28ffi X oc.- rsGz 14,1011 CONTECH CONSTRUCTION PRODUCTS -- o / i � f� _ Aut r� Signature J e �� S Ana << up o nd Printed Name BRAZOS COUNTY I z C) Date Date Vol. 140 Pg. 33 CONTRACT RENEWAL ACCEPTANCE By signing herewith, I acknowledge and agree to renew the contract for Bid 2010 -01, Culverts, in accordance with all terms and conditions previously agreed to and accepted. The new bid number will be 2011 -O.1R with no increases in price to the County. 1 understand this agreement will be in effect upon approval by Commissioner's Court and end on M2rch— , -2#ff. OCTD15tc z 1417-011 HANSON PIPE AND PRECAST Authorized Signature Printed Name BRAZOS COUNTY Vol. I 4'0 Pg. [Q-6., ► 0 Date to//,//() Date CONTRACT RENEWAL ACCEPTANCE By signing herewith, I acknowledge and agree to renew the contract for Bid 2010 -35R and 36, Asphalt, Oil, & Emulsion, in accordance with all terms and conditions previously agreed to and accepted. The new bid number will be 2010 -47R with no increases in price to the County. "I understand this agreement will be in effect upon approval by Commissioner's Court and end on March 1, 2011. ERGON ASPHALT AND EMULSIONS SEPTEMBER 27, 2010 Authorized Signat&J Date R. M. McKEMIE Printed Name BRAZOSCOUNTY ofII&D Date 5 Vol. pg• a CONTRACT RENEWAL ACCEPTANCE By signing herewith, I acknowledge and agree to renew the contract for Bid 2010 -35R and 36, Asphalt, Oil, & Emulsion, in accordance with all terms and conditions previously agreed to and accepted. The new bid number will be 2010 -47R with no increases in price to the County. I understand this agreement will be in effect upon approval by Commissioner's Court and end on -March 1, 2011. CLEVELAND ASPHALT Printed BRAZOS COUNTY Randy Sims, Dafe� - -I,)WO Date Vol. 1 �-d pg. 3 � CONTRACT RENEWAL ACCEPTANCE By signing herewith, I acknowledge and agree to renew the contract for Bid 2010 -35R and 36, Asphalt, Oil, & Emulsion, in accordance with all terms and conditions previously agreed to and accepted. The new bid number will be 2010 -47R with no increases in price to the County. I understand this agreement will be in effect upon approval by Commissioner's Court and end on March 1, 2011. MARTIN ASPHALT ut orized Signature Printed Name BRAZOS COUNTY 91-Z3120110 Date to10L Date Vol. I ' 0 Pg. 20 CONTRACT RENEWAL: By signing herewith, we acknowledge and agree to renew the current Bid - 2009-53 — Uniforms for the Sheriffs Department.. The new Bid number will be 2010 -45R. I understand that Bid 201045R will be in effect from October 15, 2010 through October 14, 2011. LONE S R UNIFORMS - 7"07 1 Corine Fox, President Randy County Judge Vol. 14o Date 1p/j21io Date PS. 3E CONTRACT RENEWAL: By signing herewith, we acknowledge and agree to renew the raincoats for the current Bid— 2009 -53 — Uniforms for the Sheriffs Department.. The new Bid number will be 2010 -45R. I understand that Bid 2010 -45R will be in effect from October 15, 2010 through October 14, 2011. TYLER UNIFORM, INC. 12ZY Donna Roberts, President la- s = /6 Date 10/1. vo Date Vol. Pg 51 Brazos County }* Purchasing g p 200 South Texas Ave., SUITE 352 BRYAN, TX 77803 PHONE (979) 361 -4269 FAX (979) 361 -4293 ANNUAL SERVICE CONTRACT PORTABLE TOILET RENTAL GENERAL REQUIREMENT FOR CONTRACT I, (?JfPi- S 0000C SsD as a duly authorized representative of 13 CS S-bp N LSD Fb4-ht'S willingly attest to perform (or deliver) as per Exhibit "A" for Brazos County for the period of October 1, 2010 through September 30, 2011. I further agree to all of the provisions and specifications contained in this contract. ASSIGNMENT The successful offeror may not assign, sell or otherwise transfer this contract without written permission of Brazos County Commissioners Court. Should there be a change in ownership or management; the contract shall be canceled unless a mutual agreement is reached with the new owner or manager to continue the contract with its present provisions and prices. AWARD Brazos County reserves the right to award this contract on the basis of LOWEST AND BEST OFFER in accordance with the laws of the State of Texas, to waive any formality or irregularity, to make awards to more than one offeror, to reject any or all bids. SERVICES PROVIDED The County hereby agrees to engage the Contractor to provide the County with services consisting of the specifications and prices attached in Exhibit "A" attached hereto. CONTRACT OBLIGATION Brazos County Commissioners Court must award the contract and the County Judge or other person authorized by the Brazos County Commissioners Court must sign the contract before it becomes binding on Brazos County or the offerors. Department heads are NOT authorized to sign agreements for Brazos County. Binding agreements shall remain in effect until all products and/or services covered by this purchase have been satisfactorily delivered and accepted. QUANTITIES The quantities specified in this agreement are estimates only. Brazos County does not guarantee to purchase any minimum quantities or services other than those listed on a purchase order. Vol. l 'i 0 pg. �0 CONTRACT RENEWALS Renewals may be made ONLY by written agreement between Brazos County and the offeror. Any and all price escalations shall not be accepted and shall be considered a non - response. After the initial award period, this contract can be renewed for 2 (two) additional 1 (one) year periods if approved by Commissioner's Court and Vendor. INSPECTIONS & TESTING Acceptance of merchandise, work, and /or equipment provided shall be made by the County at the sole discretion of the Commissioners Court when all terms and conditions of the contract and specifications have been met to its satisfaction, including the submission to the County of any and all documentation as may be required. ADDITION/MODIFICATION OF LOCATIONS OR SERVICES The county reserves the right to add locations as these additional locations may be required. Locations to be added may include, but not limited to, expansions or additions to existing facilities and acquisition or construction of new properties. In the event that the County makes significant structural changes to an existing facility that impacts the contractor's cost in providing the janitorial service anticipated by this contract such change may be treated as a new facility and the procedures provided for in this section may be followed in determining an appropriate price. In the event the County wishes to add other locations to a group under the Contract, a quotation will be solicited from the incumbent contractor in good standing for the group in which the new location is appropriately situated. TERMINATION OF PARTICULAR LOCATIONS In the event the County shall sell, vacate, abandon, or otherwise dispose or terminate a location to which the contract applies, all existing contracts or agreements or services applicable to such location, the portion of this contract that applies to such locations is so terminated. All remaining portions of the contract will remain intact. The County will endeavor to give the Contractor written notice of such Termination of locations a minimum of thirty (30) days in advance. INVOICES & PAYMENTS Payments to vendors will not be made if the vendor cannot produce a Brazos County Purchase Order. Offerors shall submit an original invoice on each purchase order or purchase release after each delivery, indicating the purchase order number. Invoices must be itemized. Any invoice, which cannot be verified by the contract price and /or is otherwise incorrect, shall be corrected by the vendor. When multiple deliveries and/or services are required, the offeror may invoice following each delivery or performance of service and the County will pay on invoice. Contracts providing for a monthly charge will be billed and paid on a monthly basis only after receipt by the Brazos County's Auditors Office. The vendor will provide an invoice for each month in which the County is responsible for payment, during the duration of the contract. Prior to any and all payments made for goods and /or services provided under this contract, the offeror should provide its Taxpayer Identification Number or social security number as applicable. This information must be on file with the Brazos County Auditor's office. Failure to provide this information may result in a delay in payment and /or back -up withholding as required by the Internal Revenue Service. -2- Vol. t q o pg. LH PRICING Prices for all goods and/or services shall be firm for the duration of this contract and shall be stated on the Pricing /Delivery Information forma Prices shall be all inclusive: No price changes, additions, or subsequent qualifications will be honored during the course of the contract. All prices must be written in ink or typewritten. Pricing on all transportation, freight, drayage and other charges are to be prepaid by the contractor and included in the bid prices. If there are any additional charges of any kind, other than those mentioned above, specified or unspecified, offeror MUST indicate the items required and attendant costs or forfeit the right to payment for such items. Where unit pricing and extended pricing differ, unit pricing prevails. TAXES Brazos County is exempt from all federal excise, state and local taxes unless otherwise stated in this document. Brazos County claims exemption from all sales and/or use taxes under Texas Tax Code § 151.309, as amended. Texas Limited Sales Tax Exemption Certificates will be furnished upon written request to the Brazos County Purchasing Agent. GOVERNING FORMS In the event of any conflict between the terms and provisions of these requirements and the specifications, the specifications shall govern. In the event of any conflict of interpretation of any part of this overall document, Brazos County's interpretation shall govern. In the event of a conflict between the terms, conditions, provisions, and specifications of this document and any other terms, conditions, provisions, and specifications provided by the vendor; the terms of this document shall supersede. GOVERNING LAW This bid solicitation is governed by the competitive bidding requirements of the County Purchasing Act, Texas Local Government Code, §262.021 et seq., as amended. Offerors shall comply with all applicable federal, state and local laws and regulations. Offeror is further advised that these requirements shall be fully governed by the laws of the State of Texas and that Brazos County may request and rely on advice, decisions and opinions of the Attorney General of Texas and the County Attorney concerning and portion of these requirements. DISQUALIFICATION OF OFFEROR Upon signing this bid document, an offeror offering to sell supplies, materials, services, or equipment to Brazos County certifies that the offeror has not violated the antitrust laws of this state codified in Texas Business and Commerce Code §15.01, et seq., as amended, or the federal antitrust laws, and has not communicated directly or indirectly the bid made to any competitor or any other person engaged in such line of business. Any or all bids may be rejected if the County believes that collusion exists among the offerors. Bids in which the prices are obviously unbalanced may be rejected. If multiple bids are submitted by an offeror and after the bids are opened, one of the bids is withdrawn, the result will be that all of the bids submitted by that offeror will be withdrawn; however, nothing herein prohibits a vendor from submitting multiple bids for different products or services. SEVERABILITY If any section, subsection, paragraph, sentence, clause, phrase or word of these requirements or the specifications shall be held invalid, such holding shall not affect the remaining portions of these requirements and the specifications and it is hereby declared that such remaining portions 3- pg. Vol. aL would have been included in these requirements and the specifications as though the invalid portion had been omitted. SILENCE OF SPECIFICATIONS The apparent silence of specifications as to any detail, or the apparent omission from it of a detailed description concerning any point, shall be regarded as meaning that only the best commercial practice is to prevail and that only material and workmanship of the finest quality are to be used. All interpretations of specifications shall be made on the basis of this statement. The items furnished under this contract shall be new, unused of the latest product in production to commercial trade and shall be of the highest quality as to materials used and workmanship. Manufacturer furnishing these items shall be experienced in design and construction of such items and shall be an established supplier of the item bid. TERMINATION Brazos County reserves the right to terminate the contract for default if offeror breaches any of the terms therein, including warranties of offeror or if the offeror becomes insolvent or commits acts of bankruptcy. Such right of termination is in addition to and not in lieu of any other remedies which Brazos County may have in law or equity. Default may be construed as, but not limited to, failure to deliver the proper goods and /or services within the proper amount of time, and/or to properly perform any and all services required to Brazos County's satisfaction and /or to meet all other obligations and requirements. Brazos County may terminate the contract without cause upon thirty (30) days written notice. POLICY REQUIREMENTS FOR CERTIFICATE OF INSURANCE CONTRACTOR'SNENDOR'S INSURANCE The ContractorNendor, before starting work for Brazos County, must furnish the County a Certificate of Insurance or other acceptable evidence from a reputable insurance company or companies with an A.M. Best Rating of AA@ (such companies to be acceptable to the County) licensed to write insurance in the state of Texas, showing that the Contract is covered by the insurance as follows: (1) Statutory Workers Compensation Insurance with Employers Liability Insurance in the amount of $1,000,000. In the event any work is sublet, the Contractor shall require the subcontractor similarly to provide the same coverage and shall himself acquire evidence of such coverage on behalf of the subcontractor. (TLC Sec. 401.011) (2) Commercial General Liability Insurance with a $ 500,000 Combined Single Limit. The policy shall be on the Comprehensive General Liability 1986/90 occurrence form, and shall include coverage for acts of independent contractors, and shall name Brazos County as an additional insured. Waiver of subrogation is required. No claims made policies are acceptable without prior approval by the Commissioners Court/Risk Management. (3) Automobile Public Liability Insurance with a $ 500,000 Combined Single Limit, in all self - propelled vehicles used in connection with the contract, whether owned, non -owned or hired. Waiver of subrogation is required. The Certificate of Insurance furnished to the County shall contain a provision that coverage under such policies shall not be canceled or materially changed until at least 30 -4- Vol. 140 Pg. 4-3 days prior written notice has been given to Brazos County. Certification of such coverage, showing Brazos County as additional insured must be provided to the County prior to any work or service is commenced under this contract. INDEMNIFICATION AND HOLD HARMLESS AGREEMENT The Contractor shall defend, indemnify and save harmless the County and all its officers, agents, and employees from all suits, actions, or claims of any character, name and description including attorney's fees expenses brought for or on account of any injuries or damages received or sustained by any person or persons or property, by or from the said Contractor or his employees or by or in consequence of any negligence in safeguarding the work, or through the use of unacceptable materials in construction of the work, or by or on account of any act of omission, the Worker Compensation Law or any other law, ordinance, order or decree, and so much of the money due the said Contractor under and by virtue of his contract as shall be considered necessary by the County may be retained for the use of the County, or in case no money is due, his sureties shall be held until suit or suits, action or actions, claim or claims for injury or damages as aforesaid shall have been settled and satisfactory evidence to that effect furnished the County. Contractor shall defend, indemnify and save hannless the County, its officers, agents and employees in accordance with this indemnification clause regardless of whether the injury or damage is caused in part by the County, its officers, agents or employees. FISCAL FUNDING Notwithstanding any provisions contained herein, the obligations of the Licensee under this Agreement are expressly contingent upon the availability of funding for each item and obligation contained herein for the term of the Agreement and any extensions thereto. Vendor or any other person or entity directly or indirectly employed by Vendor or performing Work or supplying materials or equipment on Vendor's behalf, or any other person or entity to whom Vendor, shall have no right of action against the Licensee in the event the Licensee is unable to fulfill its obligations under this Agreement as a result of lack of sufficient funding for any item or obligation from any source utilized to fund this Agreement or failure to budget or authorized funding for this Agreement during the current or future fiscals. In the event that the Licensee is unable to fulfill its obligations under this Agreement as a result of lack of sufficient funding, or if funds become unavailable, Licensee may provide funds from a separate source. The undersigned affirms that they are duly authorized to execute this contract, that this proposal has not been prepared in collusion with any other Proposer, and that the contents of this proposal have not been communicated to any other Proposer prior to the official opening of this proposal. The signatory also a e t ]l pr 'ions and specifications of this contract. Signed By: / ,/6 Title: ()cJ��. Typed Name: 404zle5 i� Company Name: C S S� 1� (�D' Phone No. ( 979) Z4 --OW G Mailing Address: S1q I P. O. Box or Street Employer Identification Number: 1 ?80S- City State Zip Social Security Number: I on this 12�L day of.. &- D X 2010 by holding the position of a" T, ac, 5- Vol. 1 fO Pg. 4`f ;rE: np f 'r. Brazos County Purchasing Department 200 SOUTH TEXAS AVE SUITE 352, BRYAN, TX 77803 PHONE (979) 361 -4290 FAX (979) 361 -4293 Pat Howard, Purchasing Agent Leslie Williams, Senior Buyer Charles Wendt, Asst. Purchasing Agent Amanda Rutledge, Buyer Term Contract: Portable Toilet Rental October 1, 2010- September 30, 2011 Brazos County is soliciting quotations for Portable Toilet rental for Citizens Collection sites and yards as listed below. Prices are to be effective for a period of one year with an option for renewal for 2 (two) additional 1 (one) year periods if approved by Commissioner's Court and Vendor. Vendor shall provide one portable toilet per site and shall service each portable toilet at least one time every week or on an as needed. Please include any fees associated with delivery of equipment if yours is the successful quotation. LOCATIONS: • Mumford Road Site • Raymond Stolzer Parkway Site • Highway 30 Site • Kathy Flemings Site • FM 2038 Site • Silver Hill Road Site • Road and Bridge Department • Ferrill Creek • Royder Rd Under Special circumstances Brazos County Road and Bridge Department might ask for addition portable toilets for other locations. The vendor must be able to provide additional portable toilets to locations requested by Brazos County Road and Bridge Department. Successful bidder must provide evidence of Workers' Compensation and General Liability Insurance prior to award. (1) Statutory Workers Compensation Insurance with Emplovers Liability Insurance in the amount of $1,000,000. In the event any work is sublet, the contractor shall require the subcontractor similarly to provide the same coverage and shall himself acquire evidence of such coverage on behalf of the subcontractor. (TLC Sec. 401.011) Exhibit "A" Page 1 145 Vol. �()---- Pg (2) Commercial General Liability Insurance with a $ 500,000 Combined Single Limit. The policy shall be on the Comprehensive General Liability 1986190 occurrence form, and shall include coverage for acts of independent contractors, and shall name Brazos County as an additional insured. Waiver of subrogation is required. No claims made policies Mana eg ment. (3) Automobile Public Liability Insurance with a $500,000 Combined Single Limit, in all self - propelled vehicles used in connection with the contract, whether owned, non -owned or hired. Waiver of subrogation is required Successful Bidder must agree to all terms and conditions of Brazos County Service Contract Attached. Quotations should reflect a monthly charge, with each location shown separately below. Please fill out "Solicitation of Quotes" form and fax to my attention at 361 -4293, or email to Iwilliamsna co.brazos.tx.us, or mail by 5:00 P.M., Friday, September 3, 2010. Vendor must fill out the attached "Solicitation for Quotes" form on page 3 and the form must be signed by an authorized representative of the vendor for it to be valid. Exhibit "A" Page 2 4(o Vol. Pg• f'' y Brazos County etc Purchasing Department 200 SOUTH TEXAS AVE SUITE 352 BRYAN, TX 77803 PHONE (979) 361 -4290 FAX (979) 361 -4293 Pat Howard, Purchasing Agent Leslie Williams, Senior Buyer Charles Wendt, Assistant Purchasing Agent Amanda Rutledge, Buyer Solicitation for Quotes Quote must include delivery of portable toilets and any servicing of the portable toilets. Location Cost /Month 21303 Kathy Flemings Road ,00 2807 FM 2038 U- 0D 10940 South Highway 30 D 7250 Raymond Stotzer Pwy (FM 60) O. D'D 9125 Mumford Road OU 1495 Silver Hill Road D , DD 13071 Ferrill Creek Road O'D 15227 Royder Road 0,'00 2617 Highway 21 West D'�.©0 TOTAL 5`o • oD Cost per Extra Portable Toilet Rental I 100-00 I The undersigned affirms that they are duly authorized to execute this contract, that this bid has not been prepared in collusion with any other bidder, and that the contents of this bid have not been communicated to any other bidder prior to the official opening of this bid. Furthermore, the bidder affirms that they are willing and capable of performing the services entailed in this bid or providing the goods described in this bid, and agrees to do so for the term of this contract. The bidder also agrees wall of the terms and conditions contained in this document and agrees to be held to them for the term of this contract. Name of Company: LYZ S 1 up 0 el i] Pb I I cl!-�: Tax ID N: Exhibit "A" Vol. ) L4 0 pg. 4-� Page 3 Cooperative Agreement. between The Office of the Attorney General of the State of Texas and Brazos County, Texas CONTRACT NO. 11 -CO008 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 State Disbursement Unit (TXSDU) ( "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 TXSDU. 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 TXSDU 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 : / /poltal.es.oag.state.tx.us. 2. CONTRACT PERIOD 11. This Contract shall commence on September 1, 2010 and shall terminate on August 31, 2012, 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 GAG 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. SCR/LCS 6/10/10 Page I of 23 Vol. (9 Pg. 3.1.1.2. County must provide, if available, the following data elements: 3.1.1.2.1. participant type (dependent, custodial parent, non - custodial parent) 3.1.1.2.2. family violence indicator, if applicable 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). 3.1.1.3. 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 closure and order transfers. 3.1.1.5. County shall endeavor to provide all available new case information necessary to process child support payments received by the State Disbursement Unit within five (5) business days of the "date received time stamp' indicating that the order was received by the District Clerk or Local Registry's office. While this Timeliness Performance Standard is established as a goal for counties rather than a requirement, the OAG intends to monitor and report County performance toward meeting the Standard. 3.1.1.6. The provisions of 3.1.1.5 notwithstanding, County shall provide essential new case information necessary to process child support payments received by the State Disbursement Unit within five (5) business days of notification by the Texas TXSDU that a payment was received. 3.1.1.7. County shall provide updated information on existing orders within three (3) working days of receipt. 3.1.1.8. County shall provide new and updated case information by data entry directly onto OAG Systems, unless agreed to otherwise in writing by the OAG Contract Manager. 3.1.1.9. County shall ensure that payments on cases that have been redirected from the County registry to the TXSDU are paid to the TXSDU 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 TXSDU within one day of receipt. 3.1.1.10. County agrees that all court orders must direct child support payments, to the ( TXSDU) 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 ceders from a SCR/LCS 6110/10 Page 2 of 23 Vol. 1 q 0 pg. 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 Regulationsi the County will notify the OAG of same. 3.1.1.11. County shall work with the TXSDU 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 IV -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 Payment Related Calls, OAG Payment Related Calls, Withholding Inquiry (Employer, Custodial Parent, Non - Custodial Parent). 3.2.1.2.1. These activities include but are not limited to: 3.2.1.2.1.1. Researching payments on Child Support Cases that should have been but were not received by the OAG. 3.2.1.2.1.2. Researching disbursements on Child Support Cases that should have been but were not received by the custodial parent. 3.2.1.2.1.3. Providing payment records on Child Support Cases to the court, the guardian ad !item 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. 3.2.1.2.1.4. Providing a certified copy of the court order timely to the OAG upon request. 3.2.1.2.2. 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: 3.2.3.2.1. Respond to written inquiries within five (5) County workdays, 3.2.3.2.2. take action on information received within three (3) County workdays, 3.2.3.2.3. document case record of action or information received at time of receipt, SCR/LCS 6/10110 age 3 of 23 C O Vol. �_— Q---- Pg. 3.2.3.2.4. follow up to a telephone inquiry within three (3) County workdays, 3.2.3.2.5. return phone calls within three (3) County work days, 3.2.3.2.6. 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 (800- 252- 8014). 3.2.3.4. The electronic files associated with customer service activity that the Comity 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. 3.2.6. Comity 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 OAGTIXCSES 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 DAG Systems. To accomplish this, the County must demonstrate sufficient resources and SCR/LCS 6/10/10 Page 4 of 23 Vol. () Pg. 61 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 ICD050 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 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 for any particular month's activities to the County for review and approval by the 251h day of the following month. 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. SCR/LCS 6/10/10 Pave 5 of 23 51Z Vol._ `� -- Pg 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 PO Box 12017 Austin, TX 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. L 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 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 SCR/LCS 6110110 Page 6 of 23 Vol. 1 LO Pg. 6 : 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 fV -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 Covert Order fee of $12.61 plus the number of Registry Only Court Orders updated during the calendar month multiplied by a per Registry Only Court Order updated fee of $4.01 per Registry Only Court Order updated. Thus: [(Calendar Month new and modified Registry Only Court Orders provided x $12.61) + (Calendar Month Registry Only Court Orders updated x $4.01)] 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 N -D; for propose 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 N -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 $4.13 per inquiry. For purpose of reference only the Federal Disallowance Percentage for SFY 2009 annualized is 19 %. Thus: (Calendar Month N -D Inquiries Handled by County Personnel) + (Calendar Month Registry Only Inquiries Handled by County Personnel - Federal Disallowance Percentage) x ($4.13) 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. SCR/[,CS 6/10/10 PW 7 of 23 Vol. I 4o pg. 54 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. 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 Ten Thousand Six Hundred Dollars and No Cents ($10,600.00). 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 The address of the County for all purposes under this Contract and for all notices hereunder shall be: The Honorable Marc Hamlin (or his /her successor in office) Brazos County District Clerk 300 East 26th St. Suite 216 Bryan, TX 77803 SCR/LCS 6110/10 Page 8 of 23 V,I. 14 U pg. �✓ s 5.1.1.2. OAG The address of the OAG for all purposes under this Contract and for all notices hereunder shall be: Alicia G. Key (or her successor in office) Deputy Attorney General for Child Support Office of the Attorney General PO Box 12017 Austin, TX 78711 -2017 With copies to: Joseph Fiore (or his successor in office) Managing Attorney, Contracts Attorneys, Child Support Division Office of the Attorney General PO Box 12017 Austin, TX 78711-2017 and Allen Broussard (or his successor in office) Manager, Government Contracts Office of the Attorney General PO Box 12017 Austin, TX 78711 -2017 5.2. Controlled Correspondence 5.2.1. After execution of this Contract, for a communication between the County and the OAG to be considered authoritative turd binding it must be in writing and generated in accordance with procedures mutually agreed to by the County and the OAG. The OAG has procedures in place to number and track such communications as Controlled Correspondence. Any communication not generated in accordance with such procedures and not signed out by a designated position shall not be binding upon the parties and shall be of no effect. The OAG IV -D Director and the Contract Manager are designated as authorized signatories for all Controlled Correspondence with the County on behalf of the OAG. Unless otherwise notified by the County, the OAG shall consider the District Clerk or Local Registry's office, as the County signatory to this Contract, as authorized signatories for all Controlled Correspondence on behalf of the County. In the case of any inconsistency or conflict between such procedures and a Contract provision, the Contract provision shall control. Controlled Correspondence shall not be used to change pricing or alter the provisions of this Contract. Any such change requires a Contract amendment. Controlled Correspondence may be used to document interpretations of the provisions of this Contract. 5.3. Inspections, Monitoring and Audits 5.3.1. 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 SCR/LCS 6/10/10 Page 9 or 23 Vol. 1 q-0 Pg. 5 �P 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. 5.4. Reimbursement of Audit Penalty 5.4.1. If funds are disallowed as a result of an audit finding contained in am 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. 5.5. Remedies for Non - Performance 5.5.1. 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 than 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. 5.5.2. 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 action plan is provided. 5.5.3. 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 SCR/LCS 6/10/10 Page 10 of 23 Vol. 1 i+0 Pg. 57 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. 5.6. Training on OAG Systems 5.6.1. 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: Larry Acevedo Office of the Attorney General Mail Code 053 PO Box 12017 Austin, TX 78711 -2017 email address: CSD- TRN @cs.oag.state.tx.us 5.7. Assignment 5.7.1. 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'. 5.8. Liaison 5.8.1. 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. 5.9. Subcontracting 5.91. 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. SCR/'Cs 6/10/10 Page t 1 of 23 VOI. 1- 0 Pg 5.10. Dispute Resolution Process for County Breach of Contract Claim 5.10.1. 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. 5.10.2. 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- 201.7. 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. 5.10.3. The contested case process provided ht 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. 5.10.4. 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. 5.10.5. 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. 5.10.6. 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. 5.11. Reporting Fraud, Waste or Abuse 5.11.1. Comity 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: 5.11.1.1. the Contract Manager 5.11.1.2. the Deputy Director for Contract Operations, Child Support Division 5.11.1.3. the Director, Child Support Division the Deputy Director, Child Support Division 5.11.1.4. the OAG Ethics Advisor 5.11.1.5, the OAG's Fraud, Waste and Abuse Prevention Program ( "FWAPP ") Hotline (866 -552- 7937) or the FWAPP E- mailbox (FWAPP @oag.state.tx.us) 5.11.1.6. the State Auditor's Office hotline for fraud (1 -800- 892 - 8348). 5.11.2. The report of suspected misconduct shall include (if known): 5.11.2.1. the specific suspected misconduct 5.11.2.2. the names of the individual(s) /entity(ies) involved SCR/LCS 6/10/10 Page 12 of 23 Vol. I LI 0 Pg. S % 5.11.2.3. the date(s) /location(s) of the alleged activity(ies) 5.11.2.4. the names and all available contact information (phone numbers, addresses) of possible witnesses or other individuals who may have relevant information; and 5.11.2.5. any documents which tend to support the allegations. 5.11.3. The words fraud, waste or abuse as used in this Section have the following meanings: 5.11.3.1. 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. 5.11.3.2. Waste is the extravagant careless or needless expenditure of funds or consumption of property that results from deficient practices, system controls, or decisions. 5.11.3.3. Abuse is the misuse of one's position, title or authority to obtain a personal benefit (including benefit for family /friends) or to attempt to damage someone else. 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. OAG rights and privileges applicable to GAG Data shall survive expiration or any termination of this Agreement, and shall be perpetual. 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. SCR/LCS 6/10/10 Page 13 of 23 Vol. — Pg• _mil 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 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. Comity 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 SCR/LCS 6/10/10 Page 14 of 23 Vol. Pg. �- sessions when offered by the OAG and all County personnel that perform or are assigned to perform Agreement Services shall annually 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 (Attachment B) 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. 10-2007) and Attachment F entitled "United States Internal Revenue Service Requirements for the Safeguarding of Federal Tax Information Including Federal Tax Returns and Return Information ". 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 GAG 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 terrninals, 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. This protection must include (where communication is through an external not - organization- controlled network [e.g. the Internet]) multifactor authentication that is compliant with NIST SP 800 -63, Electronic authentication Guidance level 3 or 4, and shall be consistent with IRS Publication 1075 Section 4.7 Alternate Work Sites. 6.3. OAG Data Retention and Destruction, and Public Information Requests 63.1. 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 completed OAG -Child Support Division SCR/LCS 6 /10/10 Page 15 of 23 q-0 p .�� Vol 1 I �Ti• "Certificate of Destruction for Contractors and Vendors" (Attachment H; a copy of which is attached hereto and included herein). 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. 6.33. 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: 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, integrity or availability 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 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. SCR/LCS 6/10/10 Page 16 of 23 3 VOI. ---!Lo Pg 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 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, 6.61.2. 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 and a description of how the cure protects against the Possibility of a recurrence. 6.6.2. If the cue has not been put in place by the time the report is submitted, County shall within thirty (30) calendar days after submission of the final report, provide a certification to OAG that states the date County implemented the cure and a description of how the cure protects against the possibility of a recurrence. 6.6.3. If County fails to provide a Final Report and Certification within forty-five (45) calendar days, or as otherwise agreed to, 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 SCR/LCS 6110110 Page 17 of 23 1" 1 1 vol. L 0 P9. 41 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. 6.8.1.4. County shall supply to the OAG and the State of Texas any data or reports rendered or available in conjunction with any security audit of County or County's subcontractors, if such data or reports pertain, in whole or in part, to the Agreement Services. This obligation shall extend to include any report(s) or other data generated by any security audit conducted up to one (1) year after the date of termination or expiration of the Agreement. 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. SCR/LCS 6/10/10 Page 18 of 23 Vol. 14D pg. �S 6.9.1.2. If injunctive or other equitable relief is available, then County agrees that OAG shall not be required 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. However, the notice method must comply with Section 521.053, Texas business and Commerce Code (as currently enacted or subsequently amended). Provided further that County must also comply with Section 521.053's "consumer reporting agency" notification requirements. 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. However, the notice method must comply with Section 521.053, Texas business and Commerce Code (as currently enacted or subsequently amended). 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 SCR/LCS 6110110 Page 19 of 23 Vol. --LILO� 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 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 above. OAG shall provide County e -mail notice of any change in OAG policy, processes or procedures. 9.1.2. Civil Rights 9.1.21. 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. SCR/LCS 6/10/10 Page 20 of 23 Vol. i Q pg. tD-7 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. 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. SCIVLCS 6110/10 Page 21 of 23 VO1. __L' 2_ pg• 102 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.L 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 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 contracts 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 may be 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. SCR/LCS 6 /10 /10 Page 22 of 23 Vol. 9 4 0 pg. � `1 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 9.12.8. Attachment H: Certificate of Destruction for Contractors and Vendors THIS CONTRACT IS HEREBY ACCEPTED OFFICE OF THE ATTORNEY GENERAL BRAZOS COUNTY tq,�/, Alicia G. Key Deputy Attorney General for Child Support The Honorab Randy Sims County Ju e, Brazos County SCR/t.CS 6/10110 Page 23 of 23 Vol. Pg. -70 1 L! © ATTACHMENT A ATTORNEY aF EXAs GREG ABBOTT Office of the Attorney General Information Technology Security Policy Manual Version 3.0 February 12, 2009 Presented by: Dr. Walt H. Foultz Chief Information Security Officer VOI. ___L1 pg'- -- Office of the Attorney General Table of Contents 1. Information Security Policy ................................................................... ..............................4 1.1. Attorney General Policy Statement ............................................... ............................... 4 1.2. Scope of Policy ............................................................................... ..............................4 1.3. OAG Information Security Policy Purpose & Intent ..................:.. ............................... 4 1.4. Definitions ........................:.............................................................. ..............................4 2. Management Security Controls ............................................................. ............................... 5 2.1. State Agency Head - Attorney General ......................................... ............................... 5 2.2. Management Responsibility .........- .........:...................................... ............................... 5 2.3. Information Resources Manager ( IRM) ......................................... ............................... 5 2.4. Chief Information Security Officer (CISO) ................................... ............................... 5 2.5. Information Security Officers ( ISO) .............................................. ............................... 6 2.6. Information Resource Owner ...........................................:............. ............................... 7 2.7. Information Custodian ................................................................... ..:............................ 7 2.8. Information System User ............................................................... ............................... 8 3. Operational Security Controls ............................................................... ............................... 8' 3.1. Risk Management Framework ....................................................... ............................... 8 3.2. Risk Assessment ............................................................................ ............................... 8 3.3. Asset Management ......................................................................... ............................... 9, 3.4. Disaster Recovery & Business Continuity ................. . ............. . ................... I ........... I.... 9 3.5. Outsourced Data Center Operations & Security Responsibility .... .............:................. 9 4. Personnel Security Policy ..................................................................... ............................... 9 4.1. Statement of Responsibility ........................................................... ............................... 9 4.2. Reporting of Security Incidents ..................................................... ............................... 9 4.3. Computer Security Incident Response Team ( CSIRT) .................. ............................... 9 4.4. Information Security Violations .................................................. ............................... 10 4.5. Acceptable Use of OAG Information Resources ......................... ............................... 11 4.6. Access to OAG Information Systems and Assets ........................ ............................... 11 4.7. User Identification ....................................................................... ............................... 11 4.8. Personal Software, Hardware and Modems ................................. ............................... Al 4.9. Security Awareness Program ....................................................... ............................... 11 4.10. Warning Statements ..................................................................... ............................... 11 4.11. Termination of Employment ........................................................ ............................... 12 4.12. Automatic Suspension / Deletion of User ID' s ............................ ............................... 12 4.13. Positions of Special Trust ............................................................ ............................... 12 5. Technical Security Controls ................................................................ ............................... 12 5.1. System Security Policy .............................................................:.. ............................... 12 5.2. System Administrators ................................................................. ............................... 12 5.3. System Developers ....................................................................... ............................... 13 5.4. Information Asset Protection ....................................................... ............................... 13 5.5. Vendor Access to OAG Systems ................................................. ............................... 13 5.6. Classification of Electronic Data and Assets ............................... ............................... 13 5.7. Data Destruction .......................................................................... ............................... 14 5.8. Configuration Management ......................................................... ............................... 14 2/12/09 Information Technology Security Policy Manual Vs 3.0 Page 2 of 20 Vol. ____14-0 0 7. 8. Office of the Attorney General 5.9. Change Management ......................... ............................... 5.10. Data Integrity ..................................... ............................... 5.11. Voice/Phone Mail .............................. ............................... 5.12. E- Mail ................................................ ............................... 5.13. Wireless Systems ............................... ............................... 5.14. Copyright ........................................... ............................... 5.15. Personal Software, Shareware and Freeware .................... 5.16. Data Encryption ................................. ............................... 14 ...... ............................... 14 ...... ............................... 14 ...... ............................... 15 ...... ............................... 15 ...... ............................... 15 5.17. Portable and Mobile Dev ces ........................................... ............................... 5.18. Malware Protection Software .......................................... ............................... 5.19. Intrusion Detection ..................................................... : ........... .................. :...... 5.20. Internal Electronic Investigations .................................... ............................... 5.21. Screen Savers.. ................................................................................................ 5.22. User Passwords ................................................................ ............................... 5.23. Administrator Passwords ................................................. ............................... 5.24. System Log On & Re- Boot .............................................. ............................... 5.25. System Settings ................................................................ ............................... 5.26. Control of Peripherals ...................................................... ............................... 5.27. Security Breaches ........................ ............................... 5.28. Dial -up Access. ........................... ............................... 5.29. Purchasing/Development Pre - Approval .................... 5.30. Contract Security Provisions ....... ............................... 5.31. System Development, Acquisition and Testing......... Exception, Waiver and Modification . ............................... 6.1. Waivers and Exceptions .............. ............................... 6.2. Modification or Significant Changes to Procedures.. 6.3. Executive Management Waiver .. ............................... Document Acceptance and Release Notice ...................... .......... 15 .......... 15 ... 15 .......... 16 .... .......... 16 .......... 16 .......... 16 .......... 16 ..........16 .......... 17 .......... 17 ............ ............................... 17 .............. .............................17 ............ ............................... 17 ............ ............................... 17 ............ ............................... 18 ........................................... 18 References.. ..................................................... ........................................... 2/12/09 Information Technology Security Policy Manual Vs 3.0 Vol. 0 Pg. __13 ............ 18 ............ 18 ............ 18 ............19 ............ 20 Page 3 of 20 Office of the Attorney General Information Security Policy 1.1. Attorney General Policy Statement The Office of the Attorney General (OAG) is committed to data integrity. Every reasonable effort must be made to protect information that is entrusted to this agency. An effective data security protocol, supported by an appropriately rigorous security structure, is critical to the success of an information security program. The OAG's Chief Information Security Officer is responsible for managing and developing the information security program, which includes identifying and resolving all at -risk information system assets, as well as supporting the operational needs of the agency. An effective information security program encompasses many activities requiring commitment and cooperation among both employees and management of the OAG. All information resources users must be involved in the success of this strategic effort. 1.2. Scope of Policy This policy applies to all OAG "information resources" that are used by or for the OAG throughout its life cycle. "Information resources are the procedures, equipment, and software that are employed, designed, built, operated, and maintained to collect, record, process, store, retrieve, display, and transmit information, and associated personnel including consultants and contractors.' This policy also applies to all users of OAG information resources, and electronic data regardless of location. To the extent there is any conflict between this policy and the Sensitive Personal Information Privacy Policy. 1.3. OAG Information Security Policy Purpose & Intent The purpose and intent of this policy document is to familiarize users of OAG information resources with the need to protect these resources in a prescribed manner and in accordance with appropriate standards. 1.4. Definitions Access: The physical or logical capability to interact with, or otherwise make use of information resources Business Continuity Planning: The process of identifying mission critical data systems and business functions, analyzing the risks and probabilities of service disruptions and developing procedures to restore those systems and functions. 2/12/09 Information Technology Security Policy Manual Vs 3.0 Page 4 of 20 VOt. 1 4 b Pg. 7+ Office of the Attorney General Control: Any action, device, policy, procedure, technique, or other measure that improves security. Encryption: The conversion of plain text (human readable) information into a mathematical cipher or algorithm to create an electronic message that conceals the true meaning. Information Resources: The tern is defined in Section 1.2 of this policy. Information Resource Data:. Any data electronically produced, modified, transmitted, or stored while in electronic form. Information Resources Asset: A subset of the term information resources that refers to computing hardware such as a laptop computer, desktop PC, network server, or computer software. 2.1. State Agency Head - Attorney General The Attorney General, as the state agency head, is responsible for establishing and maintaining an information security and risk management program." It is the responsibility of the Attorney General to ensure that the agency's information resources are protected from the effects of damage, destruction, and unauthorized or accidental modification, access or disclosure. 2.2. Management Responsibility The protection of information resources is a management responsibility. Managing information security within the OAG requires commitment and support on the part of executive, technical and program management. All managers must be involved in the security and awareness program, and be familiar with and enforce OAG policies and procedures among their staff and employees. 2.3. Information Resources Manager (IRM) The IRM is the agency executive who must approve the information technology assets and services necessary to conduct the information security program, as well as use executive authority where necessary to enable the success of the information security program. 2.4. Chief Information Security Officer (CISO) The CISO reports to the IRM. It is the CISO's duty and responsibility to: 2/12/09 Information Technology Security Policy Manual Vs 3.0 Page 5 of 20 Vol. 1�_ O — pg•-- -C�' Office of the Attorney General • Manage, develop and coordinate the development of the OAG information security program and all other information security policies, standards and procedures. • Collaborate with IT divisions, information resources owners and executive management In the development of procedures to ensure compliance with external information security requirements. • Develop training materials on information security for employees and all other authorized users, and collaborate with agency training staff to establish a standardized agency -wide information security training program. • Develop and implement incident reporting and incident response processes and procedures to address any security incident/breach, violation of policy or complaint. • Serve .as. the official agency point of contact for all information security inquiries and audits. • Develop and implement an ongoing risk assessment program, including recommending methods for, and overseeing of, vulnerability detection and testing. • Monitor security legislation, regulations, advisories, alerts and vulnerabilities, and communicate accordingly with IT divisions, data owners and executive management. • Review agency information systems and provide written reports that identify potential security risks and recommended solutions as appropriate. • Provide annual report to executive management on security program and risk mitigation. • Collaborate with IT personnel, the Records Management Officer, and legal counsel to preserve data in accordance with appropriate data preservation and litigation hold procedures. 2.5. Information Security Officers (ISO). A full -time ISO will be assigned to oversee the Administrative and Legal Divisions (A &L), while another full -time ISO will be assigned to oversee the Child Support Divisions (CS). The A &L ISO and CS ISO will report directly to the CISO. These ISOs will function as the representatives of the CISO and will oversee the daily security activities within their supported division operations. The A &L ISO and CS ISO will review all information security procedures and recommend changes as appropriate. 2/12/09 Information Technology Security Policy Manual Vs 3.0 Page 6 of 20 Vol. 4 qB pg. Mo Office of the Attorney General 2.6. Information Resource Owner An information resource owner is defined as a person responsible for a business function and for determining controls and access to.information resources supporting that business function. "' The state agency head or his or her designated representative(s) shall review and approve ownership of information resources and their associated responsibilities." For the OAG Information Resource Owners are typically Division Chiefs. Where information resources are used. by more than one division, the owners shall reach a consensus as to the designated owner with responsibility for the information resources and advise the A &L or CS ISO of their decision." The information owner or his or her designated representatives(s), with the CISO's concurrence, are responsible for and authorized to: • Approve access to, and formally assign custody of, an information resource; • Determine the information resources' value; • Specify data control requirements and convey them to users and custodians; • Specify appropriate controls, based on risk assessment, to protect the agency's information resources from unauthorized modification, deletion or disclosure. Controls shall extend to information resources outsourced by the agency in accordance with the Department of Information Resources' (DIR) information security policy; • Confirm that controls are in place to ensure the accuracy, authenticity and integrity of electronic data; • Ensure compliance with applicable controls; • Assign custody of information technology assets and provide appropriate authority to implement security controls and procedures; and • Review access lists based on documented security risk management decisions. 2.7. Information Custodian An information custodian is defined as any person or group who is charged with the physical possession of information technology assets." Custodians are the technical managers that provide the facilities, controls and support services to owners and users of information. Custodians of information technology assets, including entities providing outsourced information resources services to state agencies, must: • Implement the controls specified by the owner(s); 2/12/09 Information Technology Security Policy Manual Vs 3.0 Page 7 of 20 Vol. loo Pg.--2--L— Office of the Attorney General • Provide physical and procedural safeguards for the information resources; • Assist owners in understanding and evaluating the cost - effectiveness of controls and monitoring; • Administer access to the information resources; and • Implement appropriate monitoring techniques and procedures for detecting, reporting and investigating incidents. 2.8. Information System User All authorized users of OAG information resources (including, but not limited to, OAG personnel, temporary employees, contractors, sub - contractors, auditors, consultants or agents), shall formally acknowledge that they will comply with the OAG's security policies and procedures or they shall not be granted access to the information technology assets. The CISO will determine the method of acknowledgement and how often this acknowledgement must be re- executed by the user to maintain access to OAG information technology assets. "' Users also have the responsibility to report all suspected violations of OAG information security policies to their Division Chief and the ISO responsible for their division. The ISO will then report the suspected violation to the CISO. (See section 3.4). Users of OAG information technology assets shall. have no expectation of privacy for information contained within or processed by an OAG information technology asset. Electronic files created, sent, received by, or stored on, OAG information technology assets that are owned, leased, administered, or otherwise under the custody and control of the OAG are not private and may be accessed by OAG IT employees at any time without knowledge of the information technology asset user or owner. Electronic file content maybe be accessed by appropriate personnel, including, but not limited to, information security personnel, records management personnel and legal counsel. " "' 3. Operational Security Controls 3.1. Risk Management Framework The OAG employs a risk -based information security strategy, which provides a method to eliminate or mitigate identified risk to an organization in order to maximize the positive effects of information security activities while minimizing costs to the organization. 3.2. Risk Assessment It is the responsibility of the CISO to regularly assess the risk to all OAG electronic data, systems, networks and information technology operations, and report the results of the assessment to OAG executive management and other appropriate personnel. 2/12/09 Information Technology Security Policy Manual Vs 3.0 Page 8 of 20 Vol. � � � pg -7 Office of the Attorney General 3.3. Asset Management Management of OAG equipment including laptops, PDAs, and other IT equipment is an asset control and physical security issue and not within the scope of this Information Technology Security policy. For policy regarding those items, refer to the OAG's general Policies and Procedures as well as the Special High -Risk Items Policy. 3.4. Disaster Recovery & Business Continuity The OAG is charged with providing a comprehensive disaster recovery plan and business continuity procedure for all essential Data Center and field operations. This activity will be supported in part by the Information Security Division (ISD). 3.5. Outsourced Data Center Operations & Security Responsibility As a requirement of House Bill 1516.by the 79th Legislature, OAG information technology systems will be consolidated at the DIR Consolidated Data Centers (CDC). While DIR and their contractor will supply much of the required services and activities to protect OAG data, systems and networks, the OAG still has responsibility for ensuring the safety of OAG data.'% 4.1. Statement of Responsibility OAG personnel are required to sign a Statement of Responsibility acknowledging that they agree to comply with all applicable information security policies, protocols and procedures as set forth in the OAG Information Security Policy Manual. This statement of responsibility will remain a part of the employee's file. 4.2. Reporting of Security Incidents A security incident is defined as an event which results, or may result in unauthorized access, loss, disclosure, modification, disruption, or destruction of information resources whether accidental or deliberate." Employees and all other users shall immediately report all actual or suspected security incidents to their Division Chief and the appropriate ISO. The ISO will promptly notify the CISO of the actual or suspected security incident. The CISO shall report any security incidents that affect Critical systems and /or that could be propagated to other state systems outside the OAG to DIR within twenty-four hours." 4.3. Computer Security Incident Response Team (CSIRT) The OAG Computer Security Incident Response Team (CSIRT) is responsible for the detection, triage, response, communication and management of all information security incidents. The CSIRT will: 2/12/09 Information Technology Security Policy Manual Vs 3.0 Page 9 of 20 Vol. y pg. - Office of the Attorney General • Provide a single point of contact at OAG for managing all reported OAG information resource electronic attacks, whether suspected or actual; • Identify and analyze what has occurred, including impact and threat; • Research and recommend solutions and mitigation strategies; • Share response options, recommendations, incident information and lessons learned with appropriate entities; and • Coordinate response efforts. The CSIRT is comprised of three separate groups that include both permanent IT personnel certified in CSIRT operations, and ad hoc personnel based on the nature of the incident: Management Group: • Membership includes: CISO and the affected division's ISO and IT Director. • May include: IRM. • Responsibilities: Manage CSIRT operations (CISO), manage overall incident response, document activities, and produce appropriate reports. Also responsible to communicate intemally to executive management. Technology Group: • Membership, includes: Director of impacted network and Director of impacted infrastructure and/or application. • May include subject matter experts (SMEs) from specific disciplines. • Responsibilities: Analyze event, recommend possible courses of action, and coordinate selected response. Legal Group: • Membership includes: Attorney(s) from, or assigned by, the General Counsel Division, and the Records Management Officer. • May include: Law enforcement investigators. • Responsibilities: Produce draft of external communications; function as team's legal representative for guidance regarding evidence gathering and other possible legal issues and activities. 4.4. Information Security Violations Violations of information security policy could result in a security breach. For this reason, violations of information security policy will be investigated by the appropriate IT personnel. If the violation is found to be deliberate in nature, an official Information Security Violation Report (ISVR) will be issued by the CISO, with an informational copy provided to the Records Management Officer. Additionally, such violations will be reported to the employee's Division Chief and the Human Resources Director for corrective action. Any corrective action involving 2/12/09 Information Technology Security Policy Manual Vs 3.0 Page 10 of 20 Vol. © Pg. `d � Office of the Attorney General use of information technology resources must be documented and reviewed by the appropriate ISO and /or the CISO prior to implementation. 4.6. Acceptable Use of OAG Information Resources State information resources will be used primarily for official State purposes. Software for browsing the Internet is provided to authorized users to conduct official State business. Compliance with this policy will be electronically monitored. Any personal use must be in accordance with the OAG's policy regarding the Unauthorized Use of Government Time, Property, Services, and Facilities. Violations may result in disciplinary action, up to and including termination of employment. The unauthorized use of OAG Information Resources will be considered as a relevant factor in evaluating the performance of OAG employees. 4.6. Access to OAG Information Systems and Assets Access to OAG information technology assets must be strictly controlled and monitored to provide users with only the minimum level of system access necessary to allow them to perform assigned business tasks. When access by the user requires the use of a password, or other security measure, those security measures must be kept confidential by the intended user. Remote access to OAG information systems and assets must be accomplished only through the use of an OAG- approved remote access software application. 4.7. User Identification Except for public users of systems where such access is authorized by the CISO or other appropriate IT personnel, each system user shall be assigned a unique personal identifier or user identification (User ID) to allow system access. 4.8. Personal Software, Hardware and Modems Personal software may not be loaded onto any OAG computer, nor may personally -owned hardware, including modems and wireless routers, be connected to OAG information systems. Any hardware or software required for a business purpose of the agency must be approved for use by the CISO and must be obtained through the appropriate ITS Division. 4.9. Security Awareness Program The OAG will provide an ongoing Information Security Awareness training program to educate employees and all other personnel with access to OAG data and information systems about data security and the protection of OAG information resources. This training will include the establishment of security awareness and familiarization with OAG security policies and procedures through both New Employee Orientation and ongoing refresher training. 4.10. Warning Statements System identification screens will be provided at the time of initial logon to the mainframe or LAN /WAN. These screens will provide the following warning statements: • Unauthorized use is prohibited. 2/12/09 Information Technology Security Policy Manual Vs 3.0 Page 1 I of 20 Vol. I q0 pg. � I Office of the Attorney General • Usage may be subject to security testing and monitoring. • Misuse may be subject to disciplinary action. • No expectation of privacy is to be anticipated by the user. 4.11. Termination of Employment Computer user identifications (User ID's) for employees that have voluntarily terminated employment with the OAG must be removed from the computer system immediately following termination. For involuntary terminations, the ID should be removed prior to, or at the same time the employee is notified of the termination in order to protect OAG data and information resources. 4,12. Automatic Suspension / Deletion of User ID's Mainframe, LAN and Remote Access User ID's will be monitored for usage to protect system security, and any unused user ID's will be subject to automatic suspension after 30 days, and deletion after 60• days without notice to the user, unless an exception has been approved in accordance with this policy. 4.13. Positions of Special Trust The CISO will establish procedures for reviewing information resource functions to determine which positions require special trust or responsibilities. These include, but are not limited to: • Network and system administrators; • Users with access to information systems that process or contain federal tax information; • Users with access to child support systems and data that may include federal tax information; • Users with access to financial and accounting systems or networks; • Any user with agency -wide access to data and information systems; and • Any user required to undergo a background check as a prerequisite to employment or grant of system access. 5. Technical Security Controls 5.1. System Security Policy The following policies cover specific issues as they relate to the security of information systems and data within the OAG, and are governed by the procedures outlined in the OAG Information Security Procedures Manual. 5.2. System Administrators System administrators are responsible for adding, removing or modifying user accounts as employees change roles within the agency. This activity must be accomplished in a. timely manner to ensure only authorized personnel have access to OAG systems and information. Changes to user accounts may be subject to independent audit review. 2/12109 Information Technology Security Policy Manual Vs 3.0 Page 12 of 20 Vol. I LiO pg. 0 '� Office of the Attorney General 5.3. System Developers All production software development and software maintenance activities performed by in -house staff must adhere to agency security policies, standards, procedures, and other systems development conventions including appropriate testing, training and documentation. 5.4. Information Asset Protection OAG data and information technology assets will be protected from unauthorized access, use, modification or destruction through the deployment of protective measures. The design, acquisition and use of all protective measures must be reviewed with the appropriate ISO and approved by the CISO. 5.5. Vendor Access to OAG Systems Access to OAG systems and data by vendors (including contractors, sub - contractors, auditors, consultants or agents) must be appropriately controlled depending on the work to be performed, sensitivity levels of the data involved, work location, and other relevant considerations. All requests for vendor access must be coordinated with and approved by the appropriate IT department and CISO prior to access being granted. 5.6. . Classification of Electronic Data and Assets OAG electronic data and the information technology assets used to process, transmit, and store it should be assigned an appropriate classification level to assist in the proper safeguarding of the data. As higher classification levels require the agency to incur greater costs in order to safeguard data, care should be taken to accurately classify assets. Assets of varying classifications that are co- mingled in a single database or file system shall be classified at the highest level of the information contained in the data. For the limited purposes of this policy, the OAG has two classifications of electronic data: CONFIDENTIAL AND SENSITIVE - This classification includes data that may be deemed confidential or protected by Texas or federal laws and /or administrative rules, and sensitive information, which if subject to a security breach, could compromise the agency's business functions or the privacy or security of agency employees, clients, or partners. Information in this category may only be provided to external parties in accordance with OAG policies and procedures. • UNCLASSIFIED - This refers to all' data that does not meet the requirements for CONFIDENTIAL AND SENSITIVE as described herein, as designated by the originating source of the data and /or the originator of any derivative data with guidance from 1 TAC § 202.1(3); DIR Classification Guidance, and any other applicable regulation or law. • The default classification for all electronic data is CONFIDENTIAL AND SENSITIVE. 2/12/09 Information Technology Security Policy Manual Vs 3.0 Page 13 of 20 Vol. I Yo pg. ?_3 Office of the Attorney General 5.7. Data Destruction OAG data should only be destroyed in accordance with the applicable records retention schedule, or upon the receipt of proper authorization from the State Library and Archives Commission. OAG data contained on magnetic or optical media must be removed from the media prior to the media being transferred out of the control of the authorized user, or the media must be physically destroyed in accordance with the appropriate document destruction guidelines applicable to that information. 5.8. Configuration Management Configuration management (CM) is the process of managing the effects of changes or differences in configurations of an information system or network through the implementation of strict protocols and testing in order to reduce the risk of changes resulting in a compromise to data security, confidentiality, integrity; or availability. All systems will be configured and maintained only in accordance with approved IT and Information Security configuration management (CM) guidelines. 5.9. Change Management Change management refers to the safeguards and procedures established for making modifications to OAG systems and networks. All such modifications must be processed through the appropriate change control procedure, with any OAG systems residing at a Consolidated Data Center (CDC) additionally being subject to the DIR and its contractor change management process. 5.10. Data Integrity Data integrity refers to ensuring that data remains complete and unchanged during the course of any electronic processing, transfer, storage, or retrieval. To promote data integrity, individual users of OAG information resources must follow data integrity procedures applicable to their level of user access to OAG data, and take adequate precautions to safeguard against the loss of OAG data, including but not limited to: • Performing regular backups of OAG data as may be appropriate; • Taking physical and procedural safeguards to avoid the accidental loss, destruction or unauthorized modification of OAG data; • Ensuring proper and routine use of virus protection software /anti- malware; and • Coordinating with and seeking assistance from IT personnel as may be appropriate to safeguard OAG data. 5.11. Voice /Phone Mail The OAG's voice or phone mail systems use agency information resources. Accordingly, each user is responsible for ensuring that use of these services is in compliance with applicable law, policy and .procedures. All requests for changes, modifications, or termination of voicemail services must be initiated through the ITS Division. 2/12/09 Information Technology Security Policy Manual Vs 3.0 Page 14 of 20 Vol. l `� a Pg. 94 Office of the Attorney General 5.12. E -Mail Electronic mail (e -mail) is a form of communication that uses agency information resources. All use of e-mail must be in accordance with OAG policies and procedures regarding the use of information resources. Upon the OAG's implementation of an agency- approved email encryption process, employees may not send CONFIDENTIAL AND SENSITIVE OAG data in the body of an email or as an email attachment across unsecured connections such as the Internet, unless it is encrypted using a process approved by ITS Division and the CISO. 5.13. Wireless Systems Wireless networks or routers may not be used without the prior authorization of the IRM and the CISO. All wireless connectivity (Wi -Fi) to OAG networks must be in accordance with current IT architectural direction, the Information Security Policy, and OAG policies and procedures relating to the use of mobile telecommunications devices. 5.14. Copyright Generally, the reproduction of copyrighted information is a violation of federal law. Therefore, OAG information resources should not be used to reproduce copyrighted information. Unauthorized copies of software shall not be loaded or executed on OAG information technology assets. Regular audits will be conducted to search for unauthorized software installed on machines. 5.15. Personal Software, Shareware and Freeware Personal software, shareware and freeware may not be loaded or otherwise used on OAG systems unless there is a business necessity for the use of such programs, and their installation and use is specifically approved by the IRM and the CISO. 5.16. Data Encryption All OAG laptops must have encrypted hard drives to safeguard data in the event the device is lost or stolen. Those divisions who choose to employ data encryption for transmission or storage of CONFIDENTIAL AND SENSITIVE data shall adopt the 256 bit Advanced Encryption Standard (AES), or 128 bit Single Sockets Layer (SSL/TLS) as a minimum. No encryption will be used without the prior approval of the IRM and the CISO. 5.17. Portable and Mobile Devices All laptops and other mobile telecommunications devices (PDAs, Network capable Cell Phones, BlackBerry's, etc.) must be approved for use and supplied by the appropriate ITS Division. Only OAG laptops installed with full -disk encryption, anti - malware safeguards, and secure connectivity are authorized for use with OAG data and networks. 5.18. Malware Protection Software All workstations and laptops must use approved malware protection software and configurations, regardless of whether they are connected to OAG networks or are used as a standalone device. Additionally, each file server attached to the OAG network and each e-mail gateway must utilize 2/12/09 Information Technology Security Policy Manual Vs 3.0 Page 15 of 20 Vol. 146 Pg. 2 S Office of the Attorney General OAG IT- approved e-mail malware protection software and /or hardware. Users shall not alter, disable, bypass, or adjust any settings or configurations for OAG malware protection software in any manner. mg. Intrusion Detection Intrusion detection techniques will be deployed wherever possible in order to safeguard against unauthorized attempts to access, manipulate, or disable OAG networks. Intrusion detection activities may be conducted only by specially - trained personnel within the OAG's Information Security Division using techniques approved by the CISO. 5.20. Internal Electronic Investigations All internal electronic investigations must be authorized by, and conducted under the supervision of, the CISO unless otherwise approved by the First Assistant Attorney General. No other investigation is authorized on OAG systems or networks. Any unauthorized electronic investigation or monitoring discovered on OAG systems or networks will be reviewed by the Information Security Division and may result in disciplinary action up to and including termination of employment. 5.21. Screen Savers To reduce the likelihood of unauthorized access to OAG data, systems and networks, all OAG workstations, including laptop computers, must be configured to activate password - protected screensavers after no more than fifteen minutes of user inactivity. An employee should not leave his or her workstation unless the password - protected screensaver has been activated or, if possible, the workstation has been secured by a locked door. 5.22. User Passwords Systems that use passwords shall follow the standards on password usage prescribed by DIR. This document specifies minimum criteria and provides guidance for selecting additional password security criteria. Disclosure of an individual's password or use of an unauthorized password or access device may result in disciplinary action up to and including termination of employment. 5.23. Administrator Passwords All system administrators will maintain and use both a standard user password and a system administrator password ( "super user" password). The system administrator password will be used only for system administrator activities. All common applications and system activities (email, calendar, etc.) must be accessed by the system administrator only with their standard user password. 5.24. System Log On & Re -Boot All OAG workstations, including laptop computers, must be connected to the OAG network at least once weekly in order to receive appropriate application updates and security patches. Additionally, all systems must be re- booted (shut down and restarted) at least once a week to ensure these updates and patches are installed appropriately. 2/12/09 Information Technology Security Policy Manual Vs 3.0 Page 16 of 20 Vol tf 6 pg. � tq Office of the Attorney General 5.25. System Settings All OAG systems are specifically configured to ensure that users have the appropriate ability to perform assigned tasks. Users shall not modify, change or attempt to change any system settings. If additional user access, permissions or system setting changes are required, then a request for the modification must be approved by the user's manager and submitted to the appropriate IT Division for handling. 5.26. Control of Peripherals A peripheral device is any device attached to a computer in order to expand its functionality, such as USB flash drives, CD burners, or PCMCIA card slots. The ability to use peripheral devices may be controlled on some OAG systems; users are not authorized and should not attempt to change control settings in order to use peripheral devices on these systems. Adding or deleting peripherals on these systems may only be accomplished by IT personnel. 5.27. Security Breaches A security breach is defined as any event which results in loss, disclosure, unauthorized modification, or destruction -of information resources. Users shall immediately report all actual or suspected security breaches to their Division Chief and the ISO responsible for their division. The responsible ISO will promptly report the suspected or actual security breach to the CISO. Depending on the nature of the information involved, additional procedures may be required in accordance with the Sensitive Personal Information Privacy Policy. 5.28. Dial -up Access For dial -up access to OAG systems other than access authorized for the public, information security protocols shall be employed to positively and uniquely identify authorized users and authenticate user access to the requested system. All modems used for dial -up access to OAG systems must be authorized by the IRM and CISO. 5.29. Purchasing /Development Pre - Approval All OAG purchases, acquisitions, or developments of information technology services, equipment or software must be reviewed and pre - approved by the appropriate ISO, and the IRM, in consultation with the CISO, to determine whether the purchase may negatively impact OAG information technology security. All purchases of information technology security products, or products with information technology security functionality or impact, must be approved by the IRM and either. the A &L and/or CS ISO or CISO prior to the issuance of a purchase order. 5.30. Contract Security Provisions All third -party contracts must contain appropriate language to ensure the security of OAG information to which the third -party may have access, even if such access is limited to encrypted data. This language must state in clear and unambiguous terms the security requirements placed on the third -party involved, and their responsibilities for security under the contract. It must also clearly state OAG's authority to audit their security procedures for appropriateness during the length of the contract."' 2/12/09 Information Technology Security Policy Manual Vs 3.0 Page 17 of 20 i �b �/ol. Pg.__Ll� Office of the Attorney General All contracts to which the OAG is a party and that affect OAG information technology security must be reviewed and approved by the CISO prior to execution in order to ensure that appropriate security controls are included. 5.31. System Development, Acquisition and Testing Data and network security requirements must be considered and addressed in all phases of the development or acquisition of new information processing systems. Before being placed into use, all new systems must be properly tested in order to ensure compatibility with OAG information systems and the OAG computing environment. During system testing, test functions shall be kept either physically or logically separate from production functions in order to safeguard OAG data and information systems. 6. Exception, Waiver and Modification 6.1. Waivers and Exceptions Waivers and exceptions to the existing information security policies and procedures are strongly' discouraged because they may pose an unacceptable risk to protected OAG data and systems. Prior to implementation, all exceptions or waivers of existing security policies or procedures must be reviewed by appropriate information technology security and IT personnel, approved by the CISO, and reported to the Records Management Officer. • A waiver is a variance of a control standard that is limited to a specific period of time and to a specific system in order to allow IT personnel to perform an approved change or modification to OAG systems. • An exception is an indefinite variance from a control standard supported by a valid and ongoing business justification. 6.2. Modification or Significant Changes to Procedures All changes in the procedures to protect OAG IT systems and data must be reviewed by appropriate IT personnel and approved by the A &L ISO and/or CS ISO as appropriate and the CISO prior to implementation. If immediate changes to procedures are required to meet an emergency situation, A &L and/or CS ISO, CISO and the Records Management Officer must be informed as soon as possible thereafter. 6.3. Executive Management Waiver Not withstanding any provisions to the contrary contained herein, waivers, exceptions and modifications to the information security policies and procedures may be authorized in writing at the discretion of the First Assistant Attorney General. 2/12/09 Information Technology Security Policy Manual Vs 3.0 Page 18 of 20 gaol. © —pg. `� Office of the Attorney General 7. Document Acceptance and Release Notice This is Version 3.0 of the GAG Information Security Technology Security Policy Manual. The GAG Information Security Technology Security Policy Manual is a managed document. Changes will be issued only as a complete replacement document. Recipients should remove superseded versions from circulation. This document is authorized for release after all signatures have been obtained. Please submit all requests for changes to the owner /author of this document. OWNER: Dr. Walt H. Foultz, Chief Information Security Officer SPONSOR: Gary Buonacorsi, Information Resource Manager February 12, 2009 2/12/09 Information Technology Security Policy Manual Vs 3.0 Vol. (9 a pg. 3 February 12, 2009 Page 19 of 20 Office of the Attorney General 8. References 1 Tex. Gov't Code § 2054.003(7). " 1 TAC §202.20. 1 TAC § 202.1 '" i TAC § 202.21, " 1 TAC § 202.21. "i 1 TAC § 202.21. "'' 1 TAC § 202.27. "65 See generally, I TAC Chapter 202. '` 1 TAC § 202.21. 1 TAC § 202.1. w 1 TAC §202.26. A'1 TAC §202.25(6)(B). 2/12/09 Information Technology Security Policy Manual Vs 3.0 Page 20 of 20 V0 1. 1 L o pg. � a ATTORNEY GENERAL OF TEXAS GREG ABBOTT Sigizature Request Form Please route form in accordance with signature approval list below. Date: February 12, 2009 name: Information Technology Security Policy Manual (Description of Attachment) Security policy for all OAG "information resources" as such term is defined in Texas Government Code section 2054.003(7) that is used by or for the OAG, throughout its life cycle. This policy also applies to all users of OAG information assets and electronic data regardless of location. Attachments: Information Technology Security Policy Manual (Version.3.0) Prepared by ITS Division �,,S4 6 VU t 0.( ws ` C February 12, 2009 Division QljYef ,� �'' -L,I Date PL E, /EEASE FORWARD BY DATE, �! Approved _Approved with Comments /Edits Uee/S - ?. o General Counsel DivislnS 04142008 0,0 _Not Approved Z 1 _,j 0 °1 Date 91 Vol. ____ 1 � - Pg-- ATTORNEY GENERAL OF TEXAS GREG ABBOTT PLEASE FORWARD BYDATE ✓Approved _Approved with Comments /Edits ve.15ie4 3.0 epuri Attorney for/Ugal Counsel Dale Not Approved PIAASE FORWARD BYDATE LApproved _Approved with Comments/Edits _Not Approved o3 Deputy for Administration Date _Approved Oa W2008 v3,0 Approved with Comments /Edits _Not Approved vot. Lo Pg. 9 a 2 1. v�, JU W ATTORNEY GENERAL OF TEXAS GREG ABBOTT First Assistant Attorney Date 04142003 v3.0 �i ? 0 Pg. -' s STATEMENT OF RESPONSIBILITY Name Position Agency, Division, or Company Social Security Number In general, all information that is used in or by the Office of the Attorney General is to be disseminated on a "need -to- know" basis. Confidential information is to be held in the strictest confidence and may not be disclosed except as provided in the Attorney General's disclosure policy. Sensitive information may only be created, modified, or deleted by authorized personnel. Special provisions must be made for the preservation of essential information. Any computer system passwords I receive or devise are confidential. They are not to be disclosed to an one! I am responsible for all computer transactions performed by my identification code (ID) which is authenticated by my password(s). My failure to comply with the security policies of the agency may result in disciplinary action including termination of employment. Failure to observe the above conditions or any attempt to circumvent the computer security by using or attempting to use any transaction, software, files, resources, or password that I am not authorized to use may constitute a "breach of computer security" as defined in the TEXAS PENAL CODE, CHAPTER 33, Section 33.02, and that such an offense is a Class A Misdemeanor. Similar federal statutes may also be applicable. Copyrighted material, including but not limited to commercial computer software, which maybe made available to me for use by the Office of the Attorney General is protected by copyright laws and is not to be copied for any reason without written permission from the owner of the copyright. (Continued on next page) This document is not part of the preceding policy document but is required by that policy document to be signed and placed in your employee records. Signature lines appear on the next page. Vol. 1 1� 0 pg. 9q Statement of Responsibility Page 2 of 2 State -owned information resources, including but not limited to data processing and related equipment, but not including telephones (covered under separate policy), are to be used only for official state purposes. I will not review or modify information that is outside the scope ofmy current job assignment. The use or installation of any software or hardware not owned by the Office of the Attorney General is expressly forbidden unless explicitly authorized in writing. In the event that authorization is granted, installation of such software or the connection of such hardware is to be performed by authorized employees of the Office of the Attorney General. By signing this statement 1 certify that I • agree to abide by all written conditions imposed by the Office of the Attorney General as regards information security; • understand my above - mentioned responsibilities; • have received information security training; and • have received, read, and understood the Employee's Information. Security Manual. SIGNATURE DATE NOTICE: The user statement of responsibilities form is not the beginning of a negotiation with the user. It is a statement by the user that he /she has been trained and therefore understands his /her responsibilities in the protection of OAG information assets. This form is not modifiable by the user. Any modifications by the user, other than providing the requested information, shall make the form null and void and shall be cause to discontinue said employees access to OAG information assets. Vol. 140 pg. q s ATTACHMENT B Account Logour OFFICE OF THE ATTORNEY GENERAL: AUTOMATED COMPUTER SYSTEM ACCESS STATEMENT OF RESPONSIBILITY General Information: Ail information maintained in fire files and records of the Child Support Division are privileged and carifrdelitial. The unauthorized use or release of the mfamtathm can result in criminal prosecution and c»nG liability. Only authorized pers onual may add, modify motor delete Information. Statements: I understand that Ore information concerning any person, customer or client that may come to my knowledge vfiile, using the computer system of the TxCSOU or TXCSES or any other OAG computer shalt be held in strictest canfrdence, and may not be disclosed except as used exclusively for purposes directly connected with the administraticur of programs under Tifie IV -A, N -D and YJX of The federal Social Security Act and the DAG Confidentiality Policy and Procedures. Notwithstanding the above, I. understand that I may not disclose to any individual or agency any federal tax return or return informetion. I further understand that it is unlawful to offer or receive anything of value in exchange for federal tax return or mium information. Such unauthorized disclosure or exchange is punishable by fine up to $5;000, or Imprisonment up to .5 years, or both, under Internal Revenue Coda 7213 and 7213 A. Accessing faderaf tax information without a "need to mewl' is a federal misdemeanor punishabe by not more than one year imprisonment, or a $1000 fine or both, plus coats of prosecution. under 7213 A, Internal Revenue Code. I also understand that I may be civilly liable for damages of not less than $1000 per violation, together with costs of pmsecu ium under Section 7431 of the internal Revenue Coda. I also, understand that I may not release information to any committee or legislative body (federal, state, of local) that identifies by name or address any such applicant or reciplont of services_ Use of such information by a local government or component thereof for any other purpose, including but not limited to, collecting a. fee is proWbted'.. 1 understand that I may not perform any work, review, update at otherwise act to obtain information upon my own, or any relatives, fiends, or business associate's child support case, nrgadess if the case is open or closed. Myfailure to comply with Ore DAG Confidenbafty Policy %till result in immediate termination of my computer access. I also understand that a violation wfti be reported le my supervisor or other appropriate personnel in my agency for disciplinary action, which may include termination ancicr referral for prosecution, In addition, if applicable, l understand thatthe computer password(s) f receive or devise is conSdenl ai, and must not be disclosed to anyone. 1 understand that it is my responsibility to safeguard such password(s) by not allowing it to be viewed by anyone. I understand that I am responsible far computer transactions performed tltrmlgh misuse of my pasaword(s). I agree t will not load unauthorized software, personal computer programs, shareware Orfreewate of any lord onfc the OAG computer equipment without the express wdlten approval of the Office of the Attomey General, Information Resource Manager ordesignes, or lire contract manager or designee. I understand that use of a password not issued or devised specifically for me is expressly prohibited and is a violation of state and federal law I also understand that failure to chasm the above conditions may constitute a'breach of computer security" as defined iu die TEXAS PENAL CODE, CHAPTER 33, Section 33.02 (b), and that such an offense may be cdaesdied as a felony. Similar federal statutes may also be applicable. 1 certify that I understand that any copyrighted material, including but not limited to commercial computer softvaare., which may be made available to me for use by the DAG is protected by copyright laws and is not to be copied for any reason without written permission from the owner of the copyright and the OAG. By agreeing to this statement I certify that 1: • agree to abide by all wdtten conditions imposed by the DAG regarding information security; • understand my reaponsihilidas as described above; • have received, read and understand the DAG security information policy manual; and • d applicable, I have read all applicable saftware licenses and agree to abide by aff restrictions. naps :dportal.e9.oag.Svda.tx.4sM1ps rmypotnittAgreements pagei ore lip (4123120101 Vol. I q-0 pg, ATTACHMENT C Home My Account Logout When you register for the OAG Portal Service, we may ask you to give as certain ideniffying information ("Registration), such as your name, address, and e-mail or the companys name and address and the company representatives name and a-mail address. This information will be used solely for Child Support IV -D purposes. You agree to provide true, accurate, current, and complete information about yourself and your company. You also agree not to impersonate any person or entity, misrepresent any affiliation with another person, entity or assos+atian, use false headers or otharwise conceal your identity from: the OAG for any purpose. Far your Protection and the protection of our other members and! Web site users, you agree that you will not share your Reg!isbaftri information (including passwords, User Names, and screen namasj with any other person for the purpose of facilitating their access and unauthorized use of OAG Portal Sewiaes. You alone, are responsible for all transactions initiated, messages posted, statements made, or acts or omissions that occur within any GAG Parts] Service through the use of Registration information. Your failure to honor any portion of this agreement can result in termination of access to portat Services. hops: OportsLcs .Oag.State:Ax.uslwpslmyportaI Pagel of 1 [92320101 Vol.. pg•_ ATTACHMENT D Data Integrity Procedures Changes to Case Information Before updating member/ case information, such as home address, phone number, etc., verify the caller's identity. Ask the caller for the following identifiers: • Name • Date of Birth • Home address If there is any doubt about the caller's identity after these identifier's have been obtained, ask for the children names and date of birth. When pertinent information is unavailable on registry-only (RO) cases, county staff are prevented from verifying a caller's identity. Once all attempts to verify the caller's identity have been exhausted, instruct the caller to take one of the following actions in order to have the member /case information updated on TXCSES Web: • Mail: • a copy of a photo ID • information to be updated • proof /verification of the information to be updated (ie., home address, SSN card, drivers license, etc.) to the county address • FAX: • a photo ID • information to be updated • proof /verification of the information to be updated (ie., home address, SSN card, drivers license, etc.) to the county FAX number • E -mail the information to be updated with a scanned copy of the proof /verification information to be updated (ie., home address, SSN card, drivers license, etc.) to the county email address • In Person (District Clerk Office or Domestic Relations Office): • a photo ID • information to be updated • proof /verification of the information to be updated (ie., home address, SSN card, drivers license, etc.) • Visit the local child support office that is assigned to work the RO case and provide: • a photo ID • information to be updated • proof /verification of the information to be updated (ie., home address, SSN card, drivers license, etc.) ATTACHMENT E 0� CERTIFICATION REGARDING LOBBYING U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES ADMINISTRATION FOR CHILDREN AND FAMILIES FORM F PROGRAM: CHILD SUPPORT ENFORCEMENT PROGRAM PURSUANT TO TITLE IV -D OF THE SOCIAL SECURITY ACT OF 1935 AS ADMINISTERED $Y THE OFFICE OF THE ATTORNEY GENERAL OF TEXAS PERIOD: September 1, 2010 to August 31, 2012 Certification for Contracts, Grants, Loans and Cooperative Agreements The undersigned certifies, to the best of his or her knowledge and belief, that (1) No Federal appropriated funds have been paid or will be paid by, or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of an agency, a Member of Congress, an office or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. (2) If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. (3) The undersigned shall require that the language of this certification be included in the award documents for all sub - awards at all tiers (including subcontracts, sub grants, and contracts under grants, loans, and cooperative agreements) and that all sub recipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section 1352, title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. Signature Date Title Organization Form F — Certification Regarding Lobbying Vol. 4 q10. Pg. 9 `J Page I of 1 ATTACHMENT F United States Internal Revenue Service Requirements for the Safeguarding of Federal Tax . Information Including Federal Tax Returns and Return Information #.1. PERFORMANCE #.1.1. In performance of this contract, the contractor agrees to comply with and assume responsibility for compliance by his or her employees with the following requirements: 4.1.2. All work will be done under the supervision of the contractor or the contractor's employees. #.1.3. Any return or return information made available in any format shall be used only for the purpose of carrying out the provisions of this contract. Information contained in such material will be treated as confidential and will not be divulged or made known in any manner to any person except as may be necessary in the performance of this contract. Disclosure to anyone other than an officer or employee of the contractor will be prohibited. #.1.4. All returns and return information will be accounted for upon receipt and properly stored before, during, and after processing. In addition, all related output will be given the same level of protection as required for the source material. #.1.5. The contractor certifies that the data processed during the performance of this contract will be completely purged from all data storage components of his or her computer facility, and no output .will be retained by the contractor at the time the work is completed. If immediate purging of all data storage components is not possible, the contractor certifies that any IRS data remaining in any storage component will be safeguarded to prevent unauthorized disclosures. #.1.6. Any spoilage or any intermediate hard copy printout that may result during the processing of IRS data will be given to the agency or his or her designee. When this is not possible, the contractor will be responsible for the destruction of the spoilage or any intermediate hard copy printouts, and will provide the agency or his or her designee with a statement containing the date of destruction, description of material destroyed, and the method used. #.1.7. All computer systems processing, storing, or transmitting Federal tax information must meet the requirements defined in IRS Publication 1075. To meet functional and assurance requirements, the security features of the environment must provide for the managerial, operational, and technical controls. All security features must be available and activated to protect against unauthorized use of and access to Federal tax information. #.1.8. No work involving Federal tax information furnished under this contract will be subcontracted without prior written approval of the IRS. #.1.9. The contractor will maintain a list of employees authorized access. Such list will be provided to the agency and, upon request, to the IRS reviewing office. #.1.10. The agency will have the right to void the contract if the contractor fails to provide the safeguards described above. (NOTE TO DRAFTER: Include any additional safeguards that may be appropriate.) IRS Pub 1075, Rev. Oct. 2007 Page 1 of 3 Vol. 'I q 0 pg, LL( United States Internal Revenue Service Requirements for the Safeguarding of Federal Tax Information Including Federal Tax Returns and Return Information #.2. CRIMINAUCIVIL SANCTIONS #.2.1. Each officer or employee of any person to whom returns or return information is or may be disclosed will be notified in writing by such person that returns or return information disclosed to such officer or employee can be used only for a purpose and to the extent authorized herein, and that further disclosure of any such returns or return information for a purpose or to an extent unauthorized herein constitutes a felony punishable upon conviction by a fine of as much as $5,000 or imprisonment for as long as 5 years, or both, together with the costs of prosecution. Such person shall also notify each such officer and employee that any such unauthorized further disclosure of returns or return information may also result in an award of civil damages against the officer or employee in an amount not less than $1,000 with respect to each instance of unauthorized disclosure. These penalties are prescribed by IRC sections 7213 and 7431 and set forth at 26 CFR 301.6103(n) -1. #.2.2. Each officer or employee of any.person to whom returns or return information is or may be disclosed shall be notified in writing by such person that any return or return information made available in any format shall be used only for the purpose of carrying out the provisions of this contract. Information contained in such material shall be treated as confidential and shall not be divulged or made known in any manner to any person except as may be necessary in the performance of the contract. Inspection by or disclosure to anyone without an official need to know constitutes a criminal misdemeanor punishable upon conviction by a fine of as much as $1,000 or imprisonment for as long as I year, or both, together with the costs of prosecution. Such person shall also notify each such officer and employee that any such unauthorized inspection or disclosure of returns or return information may also result in an award of civil damages against the officer or employee (United States for Federal employees) in an amount equal to the sum of the greater of $1,000 for each act of unauthorized inspection or disclosure with respect to which such defendant is found liable or the sum of the actual damages sustained by the plaintiff as a result of such unauthorized inspection or disclosure plus in the case of a willfitl inspection or disclosure which is the result of gross negligence, punitive damages, plus the costs of the action. These penalties are prescribed by IRC section 7213A and 7431. #.2.3. Additionally, it is incumbent upon the contractor to inform its officers and employees of the penalties for improper disclosure imposed by the Privacy Act of 1974, 5 U.S.C. 552a. Specifically, 5 U.S.C. 552a(i)(1), which is made applicable to contractors by 5 U.S.C. 552a(m)(1), provides that any officer or employee of a contractor, who by virtue of his/her employment or official position, has possession of or access to agency records which contain individually identifiable information, the disclosure of which is prohibited by the Privacy Act or regulations established thereunder, and who knowing that disclosure of the specific material is prohibited, willfully discloses the material in any manner to any person or agency not entitled to receive it, shall be guilty of a misdemeanor and fined not more than $5,000. IRS Pub 1075, Rev. Oct. 2007 Page 2 of 3 Vol. Pg. 1 b United States Internal Revenue Service Requirements for the Safeguarding of Federal Tax Information Including Federal Tax Returns and Return Information #.3. INSPECTION #.3.1. The IRS and the Agency shall have the right to send its officers and employees into the offices and plants of the contractor for inspection of the facilities and operations provided for the performance of any work under this contract. On the basis of such inspection, specific measures may be required in cases where the contractor is found to be noncompliant with contract safeguards. IRS Pub 1075, Rev. Oct. 2007 Page 3 of 3 Vol. ) � o pg. 1 a a ATTACHMENT G '2rc,--tos COUNTY INCIDENT RESPONSE PLAN Vol. ) y ® pg. 103 Overview.............................................. ............................... Incident Response Team ...................... ............................... Incident Response Team Roles and Responsibilities.......... Incident Contact List ............................ ............................... OAGContact Information ............... ............................... .County Contact Information ..::........ ............................... ATTACHMENTS Incident Identification .......................... ............................... Incident Survey ................................... ............................... Incident Containment .......................... ............................... Incident Eradication ............................ ............................... 3 3 4 5 5 5 .. ............................... 6 ........ I .... I ................... 7 .. ............................... 8 .. ............................... 9 art r . / w V0 1. f `f 6 pg. 1 0 f County Incident Response Plan Overview Pursuant to the 2009 SCR /LCS Contract # U-0-00M , § 6.4.1.1, this Incident Response Plan is designed to provide a general guidance to county staff, botF technical and managerial, to: • enable quick and efficient recovery in the event of security incidents which may threaten the confidentiality of OAG Data; • respond in a systematic manner to incidents and carry out all necessary steps to handle an incident; • prevent or minimize disruption of mission - critical services; and, • minimize loss or theft of confidential data. The plan identifies and describes the roles and responsibilities of the Incident Response Team and outlines steps to take upon discovery of unauthorized access to confidential data. The Incident Response Team is responsible for putting the Plan into action. Incident Response Team The Incident Response Team is established to provide a quick, effective and orderly response to any threat to confidential data. The Team's mission is to prevent a serious loss of information assets or public confidence by providing an immediate, effective and skillful response to any unexpected event involving computer information systems, networks or databases. The Team is responsible for investigating suspected security incidents in a timely manner and reporting findings to management and the appropriate authorities as appropriate. Page 3 of 9 Vol. () pg. P o 5 Incident Response Team Roles and Responsibilities Position Roles and Responsibilities Chief Information . Immediately report incident directly to OAG CISO and OAG Contract Security Officer Manager (CISO) . Determine nature and scope of the incident • Contact members of the Incident Response Team • Determine which Team members play an active role in the investigation • Escalate to executive management as appropriate • Contact other departments as appropriate Monitor and report progress of investigation to OAG CISO • Ensure evidence gathering and preservation is appropriate • Prepare and provide a written summary of the incident and corrective action taken to OAG CISO Information • Central point of contact for all computer incidents Technology • Notify CISO to activate Incident Response Team Operations Center • Complete Incident Identification form (Attachment One) and Incident Survey (Attachment Two) and forward to County CISO Information Privacy • Document the types of personal information that may have been Office breached • Provide guidance throughout the investigation on Issues relating to privacy of customer and employee personal information • Assist In developing appropriate communication to impacted parties • Assess the need to change privacy policies, procedures and/or practices as a result of the breach Network . Analyze network traffic for signs of external attack Architecture + Run tracing tool and event loggers • Look for signs of firewall breach • Contact external internet service provider for assistance as appropriate • Take necessary action to block traffic from suspected intruder • Complete Incident Containment Forms (Attachment Three), as appropriate, and forward to County CISO Operating Systems • Ensure all service packs and patches are current on mission - critical Architecture computers • Ensure backups are in place for all critical systems • Examine system logs of critical systems for unusual activity • Complete Incident Containment Forms (Attachment Three), as appropriate, and forward to County CISO Business • Monitor business applications and services for signs of attack Applications • Review audit logs of mission - critical servers for signs of suspicious activity • Contact the Information Technology Operations Center with any information relating to a suspected breach • Collect pertinent information regarding the incident at the request of the CISO Internal Auditing • Review systems to ensure compliance with information security policy and controls • Perform appropriate audit test work to ensure mission - critical systems are current with service packs and patches • Report any system control gaps to management for corrective action • Complete Incident Eradication Form (Attachment Four) and forward to County CISO Page 4 of 9 Vol. Pg. l I> Incident Contact List OAG Contact Information . _ : Position Name: <" Ph6ne 'Numbet ::Email -address: OAG Chief of Information Wait Foultz 512 - 936 -1320 walt.foultz @oag.state.tx.us Security Officer }c ecks --Lt- 5tYOYv CO, la cs, County SCR /LOS CC 74) OAG SCRtLCS Contract Allen Broussard 512-160 -6373 alen.broussard@cs.oag.state.tx.us Manager C9�� County Contact information Position Name Rhone. 'Number Email address Chief of Information (QZQ Security Officer }c ecks --Lt- 5tYOYv CO, la cs, County SCR /LOS CC 74) Contract Manager gy - Ved Sir 0 s t uS Information Technology C9�� Operations Center t. e- I7 Us %4-140 Information Privacy Office lS s�4 I — 42-wz. bd6v bac. 2cs. us �Q7F Network Architecture Operating Systems Architecture (814) Business Applications �iZeeves 4 l r e o ttc. �q14 Internal Auditing &Lst 30 4t Page 5 of 9 V0 1. 1 Lf (7-- -- Attachment One Incident Identification Date Updated: 1,1W'�J {u i,N d tllf'S;.•3., -L 4. !C. @; gyp, Fi to �7 rgvf�Wi �,YgikF S�rn �..'e'.Jq, Incident Detector's Name: Title: Phone: Email: Detector's Signature: Date and Time Detected: Location Incident Detected From: Date Signed: 011M, ^�w `� L. ,1 a N' ZEMM Type of Incident Detected: • Denial of Service • Unauthorized Use • Espionage o Probe Hoax • Malicious Code • Unauthorized Access • Other Incident Location: Site: Site Point Of Contact: Phone: Email: How was the Intellectual Property Detected: Additional Information: Page 6 of 9 Vol. 140 pg. I b 6 Attachment Two Incident Survey Date Updated: Location(s) of affected systems: Date and time incident handlers arrived at site: Describe affected information system(s): Is the affected system connected to a network? YES NO Is the affected system connected to a modem? YES NO Describe the physical security of the location of affected information systems (locks, security alarms, building access, etc.): Page 7 of 9 Vol. NO pg. � � I Attachment Three Incident Containment Date Updated: CISO approved removal from network? YES NO If YES, date and time systems were removed: If NO, state reason: �_. �,.. i,, %�aa e'.. '.� �e ME AM �.. P$ e�ki�;' Successful backup for all systems? YES NO Name of person(s) performing backup: Date and time backups started: Date and time backups complete: Page 8 of 9 Vol. No pg. Ho Incident Eradication Date Updated: Name ofperson(s) performing forensics on systems: Was the vulnerability identified: YES NO Describe: Page 9 of 9 Vol. I Li 0 pg. HI i Attachment Four Office of the Attorney General — Child Support Division ATTACHMENT H Certificate of Destruction for Contractors and Vendors Hard copy and electronic media must be sanitized prior to disposal or release for reuse. The OAG tracks, documents, and verifies media sanifizaton and disposal actions. The media must be protected and controlled by authorized personnel during transport outside of controlled areas. Approved methods for media sanitization are listed in the NIST Special Publication 800 -88, Guidelines for Media Sanitization. ht �r/ srr nisi nov /publications /nistoubs /800- 88 /NISTSP800 -88 rev1 odf Contact Name Title Company Name and Address Phone You may attach an inventory of the media If needed for bulk media disposition or destruction. Media Type HARD COPY ELECTRONIC Media Title / Document Name Media Description (Paper, Microfilm, Computer Media, Tapes, etc.) Dates of Records Document / Record Tracking Number OAG Item Number Make / Model Serial Number CLEAR Who Completed? Who Verified? Item Sanitization PURGE Phone Phone DESTROY DATE Completed Sanitization Method and /or Product Used Final Disposition of Media Reused InternallyDestruction Reused Externaliv / Disposal o Manufacturer Other: Comments: If any OAG Data is retained, indicate the type of storage media, physical locations(s), and any planned destruction date. Description of OAG Data Retained and Retention Requirements: Proposed method of destruction for OAG approval: Type of storage media? Physical location? Planned destruction date? Within five (5) days of destruction or purging, provide the OAG with a signed statement containing the date of clearing, purging or destruction, description of DAG data cleared, purged or destroyed and the method(s) used. Authorized approval has been received for the destruction of media identified above and have met all OAG Records Retention Schedule requirements including state, federal and /or internal audit requirements and are not pending any open records requests. Records Destroyed by: Records Destruction Verified by: Signature Date Si nature Date Be sure to enter name and contact Info for who completed the data destruction and who verified data destruction in the nelds above. Send the signed Certificate of Destruction to: DAG: Child Support Division, Information Security Office, PO Box 12017, Austin, TX 78711 -2017 KDJ Revised: D2 -02 -10 Vol. I `f D pg. 1 10, 1 of 2 Office of the Attorney General — Child Support Division Certificate of Destruction for Contractors and Vendors INSTRUCTIONS FOR CERTIFICATE OF DESTRUCTION Hard copy and electronic media must be sanitized prior to disposal or release for reuse. The OAG tracks, documents, and verifies media sanitization and disposal actions. The media must be protected and controlled by authorized personnel during transport outside of controlled areas. Approved methods for media sanitization are listed in the NIST Special Publication 800 -88, Guidelines for Media Sanitization. htto Ocsrc nisi gov/ oubllcauensmisroubs /soo- ssmrsrsPaoo -8e evr 1 odf IRS Publication 1075 directs us to the FISMA requirements and NIST guidelines for sanitization and disposition of media used.for federal tax information (FTI). These guidelines are also required for sensitive or confidential information that may include Personally identifiable information (Pit) or protected health information (PHI). NIST 800 -88, Appendix A contains a matrix of media with minimum recommended sanitization techniques for clearing, purging, or destroying various media types. This appendix is to be used with the decision flow chart provided in NIST 800 -88, Section 5. There are two primary types of media in common use: • Hard Copy. Hard copy media Is physical representations of information. Paper printouts, printer and facsimile ribbons, drums, and platens are all examples of hard copy media. • Electronic (or soft copy). Electronic media are the bits and bytes contained in hard drives, random access memory (RAM), read -only memory (ROM), disks, memory devices, phones, mobile computing devices, networking equipment, and many other types listed in NIST SP 800 -88, Appendix A. 1. For media being reused within your organization, use the CLEAR procedure for the appropriate type of media. Then validate the media is cleared and document the media status and disposition. 2. For media to be reused outside your organization or if leaving your organization for any reason, use the PURGE procedure for the appropriate type of media. Then validate the media is purged and document the media status and disposition. Note that some PURGE techniques such as degaussing will typically render the media (such as a hard drive) permanently unusable. 3. For media that will not be reused, use the DESTRUCTION procedure for the appropriate type of media. Then validate the media is destroyed and document the media status and disposition. 4. For media that has been damaged (i.e. crashed drive) and can not be reused, use the DESTRUCTION procedure for the appropriate type of media. Then validate the media is destroyed and document the media status and disposition. 5. If immediate purging of all data storage components Is not possible, data remaining in any storage component will be protected to prevent unauthorized disclosures. Within twenty (20) business days of contract expiration or termination, provide OAG with a signed statement detailing the nature of OAG data retained type of storage media, physical location, planned destruction date, and the proposed methods of destruction for OAG approval. 6. Send the signed Certificate of Destruction to: OAG: Child Support Division FAX to: 512- 460 -6070 Information Security Office PO Box 12017 or send as an email attachment to: Austin, TX 78711 -2017 Kathleen. Donaho- Jaeoerecs.oac.state.tx.us Final Distribution Original to: Kathleen Donaho-Jaeger, Information Security Officer 512- 460 -6021 of Certificate Copy to: 1. Your Company Records Management Liaison - or - Information Security Officer 2. 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Vol. 1 10 pg. 115 Brazos County Proposed Effective Date 11/1%0 Medical /RX Medical /RX Maximum Annual Reimbursement ING /Reliastar ING/Reliastar Run In Unillalion Current Renewal SPECIFIC RETENTION $75,000.00 $75,000.00 Aggregating Specific $60,000.00 $60,000.00 Contract Paid Paid Coverages Medical /RX MedicaVRX Maximum Lifetime Reimbursement $1,000,000 $1,000,000 Less Specific Retention $925,000 $925,000 Specific Rates $2.78 $2.76 Single 530 $58.58 $61.17 ` Family 281 $159.35 $166.85 Monthly Premium $75,824.75 $79,304.95 Annual Premium $909,897.00 $951,659.40 AGGREGATE RETENTION Contract Paid Paid Coverages Medical /RX Medical /RX Maximum Annual Reimbursement $1,000,000 $1,000,000 Run In Unillalion N/A N/A Factors Single 530 $680.27 $756.01 Family 281 $680.27 $756.01 Monthly Attachment Factor $551,698.97 $613,124.11 Annual Attachment Factor $6,620,387.64 $7,357,489.32 Minimum Annual Attachment $7,357,489.32 Rate - Composite $2.78 $2.76 Monthly Premium $2,254.58 $2,238.36 Annual Premium $27,054.96 $26,860.32 Total Monthiv Fixed Costs $78,079.33 $81,543.31 ANNUAL PLAN FUNDING Fixed Expenses $936,951.96 $978,519.72 Expected Claims $5,296,310.11 $5,885,991.46 EXPECTED PLAN COSTS $6,233,262.07 $6,864,611.18 MAXIMUM PLAN COSTS $7,557,339.60 $8,336,009.04 Proposed terms Include all applicable premium, commissions and underwriting fees. -Please reterto your anent policy for the minimum aggregate attachment polnt Stoploes Insurance Services receives undewrifing and management fees (compensation) as a result of placement and servicing of this business or Insurance paltry, that may Include, but are not limited tc: overrides, contingent compensation, consulting fees and other various fora of remuneration. Brains County- revised 3,xts 1016 /2010 Vol. 140 pg. 1 t (P CUSTOMER INFORMATION PRODUCT USSCRimL)iN S State Qty Product Description: Make & Model PAYMENTSCHEDULE Minimum Term Minimum Payment Minimum Payment Billing Frequency Advance Payment morsrhs irhour Tax Monthly 14 Payment l.3/O Yrlp '� ��CO E3 Quarterly 1" &Last Payment $ Y "'l E3 Other: [3 Other: Guaranteed Minimum lmaees "° Cost of Additional lmace Meter Reading/Billing Frequency �� Color Color 0 Monthly Quart 01 C-00 Z4tI-"O Do(p ZeyO moaner: w 7kie " Based upon Minimum Payment Billing Frequency ° Based upon standard 88 %" x I I" paper size. Paper sizes greater than 8 %" x I l" may count as more than one image. Sales Tax Exempt: A YES (Attach Exemption Certificate) Customer Billing Reference Nmnber (P,O. R, etc.) Addendum(s)attached: E] YES (check if yes and indicate total number of pages: _) TERMS AND CONDITIONS 1. The first Payment will be due on the Effective Date. 2. You, the undersigned Customer, have applied to us to use the above - described items ( "Product ") for lawful commercial (non - consumer) purposes. THIS IS AN UNCONDITIONAL, NON - CANCELABLE AGREEMENT FOR THE MINIMUM 'GERM INDICATED ABOVE. If we accept this Schedule, you agree to use the above Product on all the terns hereof, including the Terms and Conditions t 1- 888- ASKIKON www.ikon.com 'cmorerannatr Son FS IMF 02.10 IRON or.,SOlmi.Il- xM IKON'. IT.m1ub1 oflfi,kI, A. NVa&QI Riub °f IKON Onxe Soluiimu. hw Almhi rvn palmM m1c)iinfLof RivW, Cw,lw, Lul. VwI rz Vol. 114 0 pg. l I-1 Master Agreement. THIS WILL ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND THIS SCHEDULE AND THE MASTER AGREEMENT AND HAVE RECEIVED A COPY OF THIS SCHEDULE AND THE MASTER AGREEMENT. Imaee C1 arees/MeWs: In return for the Minimum Payment, you are entitled to use the number of Guaranteed Minimum Images as specified in the Payment Schedule of this Agreement. The Meter Reading/Billing Frequency is the period of time (monthly, quarterly, etc.) for which the number of images used will be reconciled. If you use more than the Guaranteed Minimum Images during the selected Meter Reading/Billing Frequency period, you will pay additional charges at the applicable Cost of Additional Images as specified in the Payment Schedule of this Schedule for images, black and white and /or color, which exceed the Guaranteed Minimum Images ("Additional Images"). The charge for Additional Images is calculated by multiplying the number of Additional Images times the applicable Cost of Additional Images. The Meter Reading/Billing Frequency may be different than the Minimum Payment Billing Frequency as specified in the Payment Schedule of this Schedule. You will provide us or our designee with the actual meter reading(s) by submitting mete reads electronically via an automated meter read program, or in any other reasonable manner requested by us or our designee from time to time. If such meter reading is not received within seven (7) days of either the end of the Meter Reading/Billing Frequency period or at our request, we may estimate the number of images used. Adjustments for estimated charges for Additional Images will be made upon receipt of actual meter reading(s). Notwithstanding any adjusttnem, you will never pay less than the Minimum Payment. 4. Additional Provisions (if any) are: THEPERSON CUSTOMER • By: ac Printed Name: Title: Accepted by: IKON OFFICE SOLUTIONS, INC. By: Authorized Signer Signature Printed Name: Title: Date: 1- 888 - ASKIKON www.ikon.com s1A PS -IMP 112.10 IAOR Bfm a W-1 a ma IKON UJ. 1'; •• 2 o VOL 11+0 Pg.- I18 ' Document Efficiency IKON OFFICE SOLUTIONS, INC. At 617ork.7 IMAGEMANAGEMENT PLUS COMMITMENTS The below service commitments (collectively, the "Service Commtlmenthil are brought to you by IKON Office Solutions, Inc., an Ohio corporation having its principal place of business at 70 Valley Stream Parkway, Malvern, PA 19355 (IKONJ, one of the largest distributors of office solutions in the world. The wards "you' antl your'refer to you, our customer. You agree that IKON alone is the party to provide all of the services set loan below and is fully responsible to you, the customer, for all of the Service Commitments. The Service Commitments are only applicable to The equipment ("Equipment") described in the Image Management Plus Product Schedule to which these Service Commitments are attached, excluding facsimile machines, singledunction and wide- format printers and production units. The Service Commitments are effective on the date the Equipment is accepted by you and apply during IKON's normal business hours, excluding weekends and IKON recognized holidays. They remain In effect for the Minimum Term so long as no ongoing default exists on your part. TERM PRICE PROTECTION The Image Management Minimum Payment and the Cost of Additional Images, as described on the Image Management Plus Product Schedule, will not increase in price during the Minimum Term of the Image Management Plus Product Schedule, unless agreed to in writing and signed by both parties. EQUIPMENT SERVICE AND SUPPLIES IKON will provide full coverage maintenance services, including replacement parts, drums, labor and all service calls, during Normal Business Hours. 'Normal Business Hours' are between 8:00am and 5.00pm, Monday to Friday excluding public holidays. IKON will also provide the supplies required to produce images on the Equipment covered under the Image Management Plus Product Schelde (other than non .metere l equipment and soft- metered Equipment). The supplies will be provided according to manufacture's spp¢g�cIefcaOOns. led al supply items such as paper and tanstarencles are tatindutled, C1itOTef �Gf RESPONSE TIME COMMITMENT:e IKON win provide a quarterly average response time of 2 to 6bustness hours for all service calls located within a 30+u1e radius of any IKON offers, and 4 to 8 business hours for service calls located within a 31 -60 mile radius for the term of the Image Management Plus Product Schedule. Response time is measured in aggregate for an Equipment covered by the Image Management Plus Product Schedule. ` UPTIME PERFORMANCE COMMITMENT IKON will service the Equipment to be Operational with a quarterly rumors average of 96% during Normal Business Hours, excluding preventative and interim maintenance lime. Downtime wdl begin at the time you place a service can to IKON and will end when the Equipment is again Operational. You agree to make the Equipment available to IKON for scheduled preventative and interim maintenance. You further agree to give IKON advance norm of any cduoal and specific optima needs you may have so that IKON can schedule with you Interim and preventative maintenance in advance of such needs. As used in these Service Commitments 'Operational means substantial compliance with the manufacturer's specifications and/or performance standards and excludes customary end -user collecfrve actions. IMAGE VOLUME FLEXIBILITY AND EQUIPMENT ADDITIONS At any time after the expiration of the initial ninety day period of the original term of the Image Management Plus Product Schedule to which these Service Commitments relate, IKON will, upon your request, review your image volume. If the image volume has moved upward or downward in an amount sufficient for you to consider an alternative plan, IKON will, on a quarterly basis, present pricing options to conform to a new image volume. If you agree that additional equipment is required to solely your increased image volume requirwents, IKON wig include the equipment In the pricing optons. The addition of equipment anchor Icoreasesldecmases to the Guaranteed Minimum Images requires an amendment ('Amendments) to the Image Management Plus Product Schedule that must be agreed to and signed by both you and IKON. The Amendment may not be less than the remaining term of the existing Image Management Plus Product Schedule but may be extended for a term up to 60 months. Adjustments to the Guaranteed Mnimum Images commitment and /or the addition of equipment may result In a higher or lower minimum payment. Images decreases are limited to 25% of the Guaranteed Minimum Images in effect at the time of Amendment EQUIPMENT AND PROFESSIONAL SERVICES UPGRADE OPTION At any lime after the expiration of one-half of the original term of the Image Management Plus Product Schedule to which these Service Commtments relate. you may reconfigure the Equipment by adding, exchanging, or upgrading to an item of Equipment with additional features or enhanced technology. A new Image Management Plus Product Schedule or Amendment for not less than the remaining term of the existing Image Management Plus Product Schedule or Amendment, must be agreed to and signed by you and IKON. The Image Management Cost of Additional Images and the Minimum Payment of the new Image Management Plus Product Schedule or Amendment will be based on any obligations remaining on the Equipment, the added equipment and new image volume commitment Your IKON Account Executive wit be pleased to workwih yen on a Technology Refresh prior to the end of your Image Management Plus Product Schedule orAmandment. PERFORMANCE COMMITMENT IKON is committed to performing these Service Commitments and agrees to perform its services in a mono, consistent with the applicable manufacturers speeifinfions. If IKON falls to meet any Service Commitments and in The urdikely event that IKON is not able to repair the Equipment M your office, IKON, at IKON's election, will provde to you either the delivery of a temporary loaner. for use while the Equipment Is being repaired at IKON's service center, or IKON will replace such Equipment with comparable Equipment of equal or greater capability at no additional charge. These are the exclusive remedies avataNe to youtimeer the Image Management Plus Commitments Customers exclusive remedy shall be for IKON fibre- perform any Services not in comptiarce with this womanly and brought to IKON's attention in writing within a amasses lime, but in Me event more than thirty (30) days after such Services are performed. If you are dissaltsfed with IKON's performance, you must send a registered letter outlining your concerns to the address specified below In the'Omflfy Assurance" sesclici Please allow 30 days lot resolution. ACCOUNT MANAGEMENT Your IKON sales professional will, upon your request, be pleased to review your equipment performance metim on a quartets basis and mutually convenient date and time. IKON will follow up within 8 business hours of a call or e-mail to one of our account management Team members requesting a melded review. IKON will, upon your request, be pleased b annually review your business environment and discuss ways in which we may Improve efficiencies and reduce costs relating to vow document management processes. QUALITY ASSURANCE Please send all correspondence relating to the Service Commitments via registered letter to the Quality Assurance Department located at: 3920 AAwright Road, Md GA 31210, Aft Quality Assurance. The Duality Assurance Department will coordinate resolution of any performance issues concerning the above Service Commitments with your local IKON office. If either of the Response Time or Uplime Performance Commitments is not met, a one -time credit equal to 3% of your Minimum Payment invoice Total on the ran - performing unit win be made available upon your request Credit requests must be made in writing Ye registered letter to the address above. IKON a committed to responding to any questions regarding invoiced amounts for the use of the Equipment (staling to the Product Schedule within In a two (2)day Timefame. Toenswelhemosr rimetyresponMpleasecaN188RASK -IKON. MISCELLANEOUS These Service Commitments do not cover repairs resulting from misuse (including without limitation improper voltage or environment or the use of supplies Thal do not conform to the manufacturer's specifications), subjective matters (such as color reproduction accuracy) or any other factor beyond the reasonable contoT of IKON. IKON and you each acknowledge that these Service Commitments represent the entire understanding of the parties with respect to the wijed matter hereof and that your sole remedy for any Service Commiments not performed in accordance with the foregoing is as set fond under the section hereof council 'Performance Commitment. The Service Commitments made herein am service andlor maintenance warranties and are not product warranties. Except as expressly set forth hemin, IKON makes no warranties, express a implied, including any Implied warmalles of mercham atchRy, fitness for use, or fitness for a particular purpose. Neither party hereto shall be liable to the other for any consequential, indirect, punitive or special damages. These Service Commitments shag be governed according to The laws of the Commonwealth of Pennsylvania without regard to Its conflicts of law principles. These Service Commitments am not assignable by the Customer. Unless otherwise stated in your Implementation Schedule, your Equipment will ONLY be serviced by an 'IKON Cedtfied Techniclan'. You acknowledge and agree that, In connection with its performance of its obligations under these Service Commitments, IKON may place automated meter reading units on imaging devices, Including but not traded b the Equipment, at your location In order to Indiana the limey and efficient collactlon of aocumue meter read data on a monthly, quarterly or annual basis. IKON agrees that such units will be used by IKON solely for such purpose. Once transferred, alt meter read data shall become the sole property of IKON and win be utilized for billing purposes. IN WITNESS WHEREOF, each party has caused its duly authorized officer to execute these Image Management Plus Commitments as of JIL; 20& CUSTOMER IKON OFFICE SOLUTIONS, INC. Date: AlK 0210 IK(1N Omm aolminnpr a.,J 16nNa➢un,ncm fRa'iuhv Ar wrwk +::A Rrcal,CmuP +nr'nn•valrnwlr of tAON ORme Solwimn,Ine M1knLx'isnrgino,gl uminnulorni <ul, (o,nlrm,y, bA. Pq{cl ore Vol. J q 0 pg. 1(9- ' DocrrmeM EfCcienry -- ntworlG' Equipment Removal Authorization Equipment Leased by Customer from IKON, /OS Capital, or IKON Financial Services 0 Check if Additional Product Description page(s) attached This Authorization will confirm that you desire to engage IKON Office Solutions, Inc. ( "IKON ") to pick -up and remove certain items of equipment that are currently leased by you from IKON, IOS Capital or IKON Financial Services, and drat you intend to issue written or electronic removal requests (whether such equipment is identified in this Authorization, in a purchase order, in a letter or other written form) to us from time to time for such purpose. Such removal request will set forth the location, make, model and serial number of the equipment to be removed by IKON. By signing below, you confirm that, with respect to every removal request issued by you (1) IKON may rely on the request, and (2) the request shall be governed by this Authorization. Except for the obligations of IKON to pick -up and remove the identified equipment, IKON does not assume any obligation, payment or otherwise, under your lease agreement, which shall remain your sole responsibility. As a material condition to the performancc by IKON, you hereby release IKON from, and shall indemnify, defend and hold IKON harmless from and agains4 any and all claims, liabilities, costs, expenses and fees arising from or relating to any breach of your representations or obligations in this Authorization or of any obligation owing by you under your lease agreement. w'� Ir�;v. r. ..,, sk,' " "'• ' ', �Y� � 'Tel OR' u'_i i1QN��•r��`.. • �7 .�v,'.I'M'.',°,`"K'�•' Make /Model /Serial Number � l ys D IDf.'C 29 �ontact Pick•Up Address l 7Q0 iii Phone City '13r av �Sra s State �x� Zip Code �77 D Make /Model /Serial Number t O Ote?Y4gl !Y Contact Pick -Up Address 4 \ Wa Phone City (' State ,Y Zip Code 1 177 (D5 Make /Model /Serial Number Cvv o t %Ag6't Q_ awnyyx Contact Pick -Up Address Phone City $o. ax 4t- 05 State 0 Zip Code '71103 Make /Model /Serial Number F Contact Pick -Up Address Phone City State u Zip Code •�R.1iea9a`�.ly;; yylTF�iJ>����.�Sl�l��y�����iY � �' i. J-P Authorized Signature •Signature Printed Name f <Sl Y Title er Name O O CA 0 Date Date Prepared E � Name E il j N1S Phone (�i Co.6r• •}' Fax 0 Check if Additional Product Description page(s) attached This Authorization will confirm that you desire to engage IKON Office Solutions, Inc. ( "IKON ") to pick -up and remove certain items of equipment that are currently leased by you from IKON, IOS Capital or IKON Financial Services, and drat you intend to issue written or electronic removal requests (whether such equipment is identified in this Authorization, in a purchase order, in a letter or other written form) to us from time to time for such purpose. Such removal request will set forth the location, make, model and serial number of the equipment to be removed by IKON. By signing below, you confirm that, with respect to every removal request issued by you (1) IKON may rely on the request, and (2) the request shall be governed by this Authorization. Except for the obligations of IKON to pick -up and remove the identified equipment, IKON does not assume any obligation, payment or otherwise, under your lease agreement, which shall remain your sole responsibility. As a material condition to the performancc by IKON, you hereby release IKON from, and shall indemnify, defend and hold IKON harmless from and agains4 any and all claims, liabilities, costs, expenses and fees arising from or relating to any breach of your representations or obligations in this Authorization or of any obligation owing by you under your lease agreement. w'� Ir�;v. r. ..,, sk,' " "'• ' ', �Y� � 'Tel OR' u'_i i1QN��•r��`.. • �7 .�v,'.I'M'.',°,`"K'�•' Make /Model /Serial Number � l ys D IDf.'C 29 �ontact Pick•Up Address l 7Q0 iii Phone City '13r av �Sra s State �x� Zip Code �77 D Make /Model /Serial Number t O Ote?Y4gl !Y Contact Pick -Up Address 4 \ Wa Phone City (' State ,Y Zip Code 1 177 (D5 Make /Model /Serial Number Cvv o t %Ag6't Q_ awnyyx Contact Pick -Up Address Phone City $o. ax 4t- 05 State 0 Zip Code '71103 Make /Model /Serial Number F Contact Pick -Up Address Phone City State u Zip Code Revisd01M a •�R.1iea9a`�.ly;; yylTF�iJ>����.�Sl�l��y�����iY � �' i. J-P Authorized Signature •Signature Printed Name f <Sl Y Title 'Date Revisd01M a Authorized Signature Signature Printed Name Tide Date 140 -- pg l a o CONTRACT RENEWAL ACCEPTANCE By signing herewith, I acknowledge and agree to renew the contract for Bid 2010 -03, new Bid # 2011 -03R, Aggregate for Surface Treatment, in accordance with all terms and conditions previously agreed to and accepted. The new contract/bid number will be 2011 - 03R with no increase in price. The term of this renewal is from October 15, 2010 through October 14, 2011. I understand this agreement will be in effect upon approval by Commissioner's Court. KNIFE RIVER Authorized Signature BRAZOSCOUNTY Randy Simsycounty Judge Vol. 14 o 9- 39 -a0ty Date lch-qp Date pg. a I CONTRACT RENEWAL ACCEPTANCE By signing herewith, I acknowledge and agree to renew the contract for Bid 2010 -03, new Bid # 2011 -03R, Aggregate for Surface Treatment, in accordance with all terms and conditions previously agreed to and accepted. The new contract /bid number will be 2011 - 03R with no increase in price. The term of this renewal is from October 15, 2010 through October 1.4, 2011. I understand this agreement will be in effect upon approval by Commissioner's Court. TXI BRAZOS COUNTY Randy 9 3a ao10 Date Date Vol. ) q C- pg 1 a Vol. i q- O Pg. ) a 3 BID TABULATION 2011.03R; RENEWAL OF 2010.03 AGGREGATE FOR SURFACE TREATMENT 1 011512 01 0 - 1 0/1412011 Y x3� LOADED ILOADEDI PLANT-i BIDDERS ONLY ! HAULED LOCATION COLORAC U MATERIALS, Colorado Materials. San Marcos, TX TYPE B, GRADE 3.1.302,GR 3 CIS, #1200 12.00 28.95 Conant County TYPE B, GRADE 4.1•302,GR 4 CIS, #1210 8.00 24.95 TYPE B, GRADE 5.1.302,GR•5 CIC, #1220 13.75 30.70 LIGHTWEIGHT AGGREGATE, TYPE L, GRADE 4 NIB NIB Superior Crushed Stone. Jarrell, TX Grade 3 28.00 32.00 Brazos County Grade 28.00 32.00 Grade 5 30.00 34.00 LIGHTWEIGHT AGGREGATE, TYPE L, GRADE 4 NIB NB Knife River Bryan, TX Grade 3 Sealcoat Rock 22.61 26.43 Comal County Grade 4 Sealcoat Rock 21.07 24.89 Grade 5 Sealcoat Rock 22.61 26.43 LIGHTWEIGHT AGGREGATE, TYPE L, GRADE 4 TXI• Dallas, TX Streetman, TX TYPE B, GRADE 3 NIB NIB TYPE B, GRADE 4 NIB NIB TYPE B, GRADE 5 NIB NIB EXPANDED SHALE LIGHTWEIGHTAGGREGATE 32.00 41.50 ;� RECOMMENDATION: Grade 3,4,5 Lo d and—Hauled-Knife River twat e I COURT APPROVAL: DATE: I d ab(D Vol. i q- O Pg. ) a 3 CONTRACT RENEWAL: By signing herewith, we acknowledge and agree to renew the current bid - 2009-52 — Cleaning Supplies for the Jail. The new Bid number will be 2010 — 42R. I understand that Bid 2010 -42R will be in effect from October 15, 2010 through October 14, 2011. q-"M-./ o Date /Q/.2L . - Date VOi. 14 0 pg. l a'-i' AGREEMENT FOR FIRE PROTECTION SERVICE SOUTH BRAZOS COUNTY THIS AGREEMENT is hereby made and entered into this 11 L day of C�C r , 2010, by and between the SOUTH BRAZOS COUNTY 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 incorporated volunteer' fire department to provide fire protection pursuant to Local Government Code §352.001; and WHEREAS, the County believes it is more cost effective to contract with a volunteer fire department than to purchase equipment and operate a County fire department; and WHEREAS, the Department is located within the County and shall provide fire protection to an area of the County that is located outside the municipalities in the County; 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 South Brazos County, Precinct 1, as described on Exhibit "A" attached hereto and made a part hereof for all purposes; provided however, if assistance is requested by other fire departments for Precinct 2, 3 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 made through the 9 -1 -1 Emergency Communications District, which dispatches fire protection units for the County. Department will maintain fire fighting equipment and certified personnel in compliance with Subchapter D of Chapter 419, Texas Government Code. The County is not responsible for damage to equipment or injury to any person, or for the actions of the Department or their volunteers except as expressly provided by this agreement. Agreement —South Brazos County Page I of P Vol. — g a5 PAYMENTS 4. County shall pay Department the sum of $29,000.00 upon execution of this contract. The County shall make all payments to Department for these services from current revenues. TERM AND TERMINATION 6. This Agreement term shall be from October 1, 2010, and terminate at midnight on September 30, 2011. Either party to this Agreement shall have the right to terminate this Agreement, without cause, up on 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 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: South Brazos County Fire Department, Inc. P.O. Box 501 Millican, TX 77866 Attn: Emily Staples, Fire Chief County: Brazos County 200 South Texas Ave., Suite 332 Bryan, TX 77803 Attn: Randy Sims, County Judge DEFENSE OF CLAIMS 8. Pursuant to Local Government Code §352.004, the act of a person who, in carrying out the County's authority to provide fire protection under this agreement, furnishes fire protection to a County resident who lives outside the municipalities in the County, including the act of a person who is a regular employee or fire fighter of a municipality, is considered to be the act of an agent of the County. Agreement — South Brazos County VOL- I q0 P- 1 A (o Page 2 of 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. 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. INFORMATION FURNISHED BY RECIPIENT 17. Recipient shall furnish to the County Auditor, at a minimum, documentation indicating the use of funds received from the county. The County Auditor may Agreement — South Brazos County Vol. La Pg. l J Page 3 of 4 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. South Brazos County Department, Inc. By: Emily Sta s, ire Chi Date: � /// — //� Agreement — South Brazos County Brazos Judge Date: (!l(wJp ATTEST: e Q12ren McQueen, County erk Pg. I a �- Page 4 of 4 AGREEMENT FOR FIRE PROTECTION SERVICE DISTRICT TWO THIS AGREEMENT is hereby made and entered into this 12f l day of (9CfL-J9er- , 2010, by and between the DISTRICT TWO VOLUNTEER FIRE DEPARTMENT, INC, BRAZOS COUNTY, TEXAS ( "Department ") and BRAZOS COUNTY, TEXAS, ( "County "), each acting by and through its duly authorized agents; WHEREAS, the County is authorized to contract with an incorporated volunteer fire department to provide fire protection pursuant to Local Government Code §352.001; and WHEREAS, the County believes it is more cost effective to contract with a volunteer fire department than to purchase equipment and operate a County fire department; and WHEREAS, the Department is located within the County and shall provide fire protection to an area of the County that is located outside the municipalities in the County; 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 2, as described on Exhibit "A" attached hereto and made a part hereof for all purposes; provided however, if assistance is requested by other fire departments for Precinct 1, 3, 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 made 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, Texas Government Code. The County is not responsible for damage to equipment or injury to any person, or for the actions of the Department or their volunteers except as expressly provided by this agreement. Agreement — District 1 Vol. ) q 0 pg. ) R9 Page I oft PAYMENTS 4. County shall pay Department the sum of $29,000.00 upon execution of this contract. The County shall make all payments to Department for these services from current revenues. TERM AND TERMINATION 6. This Agreement term shall be from October 1, 2010, and terminate at midnight on September 30, 2011. Either parry to this Agreement shall have the right to terminate this Agreement, without cause, up on 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 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: District Two Volunteer Fire Department, Inc, Brazos County, Texas P.O. Box 32 Kurten, Texas 77862 Attn: Merrie Noak, Fire Chief County: Brazos County 200 South Texas Ave., Suite 332 Bryan, TX 77803 Attn: Randy Sims, County Judge DEFENSE OF CLAIMS 8. Pursuant to Local Government Code §352.004, the act of a person who, in carrying out the County's authority to provide fire protection under this agreement, furnishes fire protection to a County resident who lives outside the municipalities in the County, including the act of a person who is a regular employee or fire fighter of a municipality, is considered to be the act of an agent of the County. Agreement — District 2 VOL- 1 4o Pg. 130 Page 2 of 4 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. 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. INFORMATION FURNISHED BY RECIPIENT 17. Recipient shall furnish to the County Auditor, at a minimum, documentation indicating the use of funds received from the county. The County Auditor may Agreement — District 1 Vol. 14 Pg. ) 2) i Page 3 of 4 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. District Two Volunteer Fire Department, Inc, Brazos County, Texas By: 4"t Merr a Noak,, Fire Chief Date: 11-4-10 Agreement - District 2 Vol. 14 0 Brazos County, Texas Randy Date: ej2IU. /D ATTEST: 'Ile aren McQueen, County Clerk Pg. 13a Page 4 of AGREEMENT FOR FIRE PROTECTION SERVICE PRECINCT 3 THIS AGREEMENT is hereby made and entered into this 19—M- day of t Dapfjpr , 2010, by and between the BRAZOS COUNTY PRECINCT THREE VOLUNTEER FIRE DEPARTMENT, INC. ( "Department ") and BRAZOS COUNTY, TEXAS, ( "County "), each acting by and through its duly authorized agents; WHEREAS, the Comity is authorized to contract with an incorporated volunteer fire department to provide fire protection pursuant to Local Government Code §352.001; and WHEREAS, the County believes it is more cost effective to contract with a volunteer fire department than to purchase equipment and operate a County fire department; and WHEREAS, the Department is located within the County and shall provide fire protection to an area of the County that is located outside the municipalities in the County; 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 1. 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 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 made 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, Texas Government Code. The County is not responsible for damage to equipment or injury to any person, or for the actions of the Department or their volunteers except as expressly provided by this agreement. Agreement — Precinct 3 Vol. 1 4 0 Pg. 133 Page 1 of 4 PAYMENTS 4. County shall pay Department the sum of $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 term shall be from October 1, 2010, and terminate at midnight on September 30, 2011. Either party to this Agreement shall have the right to terminate this Agreement, without cause, up on 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 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 Precinct Three Volunteer Fire Department, Inc. P.O. Box 5453 Bryan, TX 77805 -5453 Attn: Gerald Burnett, Fire Chief County: Brazos County 200 South Texas Ave., Suite 332 Bryan, TX 77803 Attn: Randy Sims, County Judge DEFENSE OF CLAIMS 8. Pursuant to Local Government Code §352.004, the act of a person who, in carrying out the County's authority to provide fire protection under this agreement, furnishes fire protection to a County resident who lives outside the municipalities in the County, including the act of a person who is a regular employee or fire fighter of a municipality, is considered to be the act of an agent of the County. Agreement — Precinct 3 Page 2 of Vol. 1 +0 pg. 13 � 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. 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. Furthennore, 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. INFORMATION FURNISHED BY RECIPIENT 17. Recipient shall furnish to the County Auditor, at a minimum, documentation indicating the use of funds received from the county. The County Auditor may Agreement —Precinct 3 vol. _1 140 Pg. 136 Page 3 of 4 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 Precinct Three Volunteer Fire Department, Inc. Brazos County, By: erald Burnett, Fire Chief Randy Simms of /�, i Date: /lf/ti /!D Date: 1001/0 ATTEST: Karen McQueen, County Clerk Agreement — Precinct 3 Page 4 of 4 VOL. 14 © Pg. l 3 AGREEMENT FOR FIRE PROTECTION SERVICE PRECINCT 4 THIS AGREEMENT is hereby made and entered into this 127k- day of (qa)b�� , 2010, by and between the BRAZOS COUNTY PRECINCT FOUR 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 incorporated volunteer fire department to provide fire protection pursuant to Local Government Code §352.001; and WHEREAS, the County believes it is more cost effective to contract with a volunteer fire department than to purchase equipment and operate a County fire department; and WHEREAS, the Department is located within the County and shall provide fire protection to an area of the County that is located outside the municipalities in the County; 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 4, as described on Exhibit "A" attached hereto and made a part hereof for all purposes; provided however, if assistance is requested by other fire departments for Precinct 1, 2, and 3 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 made 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, Texas Government Code. The County is not responsible for damage to equipment or injury to any person, or for the actions of the Department or their volunteers except as expressly provided by this agreement. Agreement — Precinct4 Vol. l L�0 pg. 13-7. Page I of 4 PAYMENTS 4. County shall pay Department the sum of $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 term shall be from October 1, 2010, and terminate at midnight on September 30, 2011. Either party to this Agreement shall have the right to terminate this Agreement, without cause, up on 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 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 Precinct Four Volunteer Fire Department, Inc. P.O. Box 4186 Bryan, Texas 77805 Attn: Chief Joe Ondrasek County: Brazos County 200 South Texas Ave., Suite 332 Bryan, Texas 77803 Attn: Randy Sims, County Judge DEFENSE OF CLAIMS 8. Pursuant to Local Government Code §352.004, the act of a person who, in carrying out the County's authority to provide fire protection under this agreement, furnishes fire protection to a County resident who lives outside the municipalities in the County, including the act of a person who is a regular employee or fire fighter of a municipality, is considered to be the act of an agent of the County. Agreement — Precinet4 Vol. Page 2 of 4 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. 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 tern 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. INFORMATION FURNISHED BY RECIPIENT 17. Recipient shall furnish to the County Auditor, at a minimum, documentation indicating the use of funds received from the county. The County Auditor may Agreement — PrecincN t3 Vol. Page 3 of 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 Precinct Four Volunteer Fire Department, Inc. By: oe On ek, Fire Chief Date: 1 1 LO O Agreement — Precinct4 Brazos County, Texas Date: 10 ( /-9— ho ATTEST: clle-f Karen McQueen, County Clerk Vol. I L�O pg. 14c) Page 4 of 4 4tg C11 BRAZOS COUNTY, TEXAS BUDGET AMENDMENT(S) FOR THE 2009 -2010 BUDGET YEAR NO. 09/10 — 51.1 thru 51.5 On this the 12th day of October 2010 at a regular meeting of the Commissioners' Court, the following members were present: A. Randy Sims, County Judge, Presiding B. Lloyd Wassermann, Commissioner, Precinct 1 C. Duane Peters, Commissioner, Precinct 2 D. Kenny Mallard, Commissioner, Precinct 3 E. Irma Cauley, Commissioner, Precinct 4 F. Karen McQueen, County Clerk The following proceedings were held: THAT WHEREAS, on 12th day of October 2010 the Court heard and approved a budget amendment for the 2009 -2010 budget year for Brazos County, Texas; and WHEREAS, expenditure is necessary due to the necessity to meet unusual and unforeseen conditions which could not be reasonably included in the original budget adopted 21th September 2009, the following amendment(s) to the original budget are hereby authorized, as described on the attached page(s). ADOPTED AND APPROVED this the 12th day of October 2010. THE COMMISSIONERS COURT OF BRAZOS COUNTY, TEXAS. Randy 9fins, County Judge Original: County Clerk's Office and Attached to the original budget Copies: County Auditor County Treasurer County Budget Officer Commissioners' Court Minutes V o l . r 1 40 Pg. 1 4 1 BRAZOS COUNTY, TEXAS BUDGETAMENDMENTS No. 09110 - 51.1 anw MMn FUND DIV ACCT PROJ DR/CR ACCOUNT NAME Increase Decrease 0100 0100 4100 4100 11001500 60002000 61130000 91240000 49028000 85200000 DR CR DR CR Continenc - General Fund Transfer to Debt Service Transfer from General Fund CO Princi al 160,000.00 160,000.00 160,000.00 160,000.00 4100 60000100 85210000 CR CO Interest 160,000.00 4100 60002000 85200000 DR CO Princi al 160,000.00 General Fund and Debt Service Fund To reverse Budget Amendment 09/10 47.8. Funding for the principals payments were placed in the CO interest account for budgeting purposes. After the debt service schedule was issued in January 2010 a budget amendment was needed to correctly account for the CO rinci al a ment. This will adjust the funds to the correct account. hrepar rf,By :M 'iifj, Date.. r "t:a 8129/2090' Vol. 190 pg 14a a 0100 0100 & Jail cost in BRAZOS COUNTY, TEXAS BUDGETAMENDMENTS No. 10/11 - 51.2 Vol. 1 `f" O Pg. 1 I13 BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 10111 - 51.3 101121201 n FUND DIV ACCT PROJ DRICR ^ACCOUNT NAME Increase Decrease 0100 11001500 61130000 CR Contin enc - General Fund 80,000.00 0100 11010000 72206000 DR CRT Appointed A s -272nd 39,000.00 0100 11010000 72207000 DR CRT Appointed A s -361 st 39 000.00 0100 11010000 72209000 DR CRT Appointed Interpreter 2,000.00 WConfin ourt Support C osts: Reallocation of funds for court a ointed attome s and court interpretation. Vol. �I `= Pg. 1 `f `{ BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 10/11 - 51.4 1011212010 FUND 0100 0100 5000 DIV 11001500 ACCT 61130000 91240000 49028000 PROJ DR/CR CR DR CR ACCOUNT NAME Contingency- General Fund Transfer to Transfer fm General Fund Increase 200,000.00 200,000.00 Decrease 200,000.00 5000 64005000 71111000 DR Health & Life - Presci rtion 200,000.00 General Fund Contin enc & Health & Life insurance Fund Reallocation of funds to allow for the rocessin of rescri tions costs in the Health & Life Insurance Fund for FY 2010. Prepared 'y 'Date`? fi ` tG.'T� /299?P1a I Vol. 140 pg �l 5 BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 10/11 - 51.5 10/12/2010 IFUNDI DIV ACCT I PROJ j DR/CR ACCOUNT NAME Increase Decrease 5000 46028100 CR Medical -Em to er Benefits 100,000.00 5000 64005000 71111000 DR Health & Life- Presci rtion 100,000.00 Health & Life Insurance Fund To recd nine revenue realized in the Health & Life Insurance Fund for Fiscal Year 2010. P epaierj 6y , s y ra sin P?1E vat. 1 Lf 0 pg. J 4 (p �'39b BRAZOS COUNTY, TEXAS BUDGET AMENDMENT(S) FOR THE 2010 -2011 BUDGET YEAR NO. 10 /11 —1.1 thru 1.5 On this the 12th day of October 2010 at a regular meeting of the Commissioners' Court, the following members were present: A. Randy Sims, County Judge, Presiding B. Lloyd Wassermann, Commissioner, Precinct I C. Duane Peters, Commissioner, Precinct 2 D. Kenny Mallard, Commissioner, Precinct 3 E. Irma Cauley, Commissioner, Precinct 4 F. Karen McQueen, County Clerk The following proceedings were held: THAT WHEREAS, on 12th day of October 2010 the Court heard and approved a budget amendment for the 2009 -2010 budget year for Brazos County, Texas; and WHEREAS, expenditure is necessary due to the necessity to meet unusual and unforeseen conditions which could not be reasonably included in the original budget adopted 14 September 2010, the following amendment(s) to the original budget are hereby authorized, as described on the attached page(s). ADOPTED AND APPROVED this the 12th day of October 2010. THE COMMISSIONERS COURT OF BRAZOS COUNTY, TEXAS. M Randy SXs, County Judge Original: County Clerk's Office and Attached to the original budget Copies: County Auditor County Treasurer County Budget Officer Commissioners' Court Minutes Vol. I g u pg. 14J BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 10111 -1.1 1 011 212 01 0 IFUNDI DIV I ACCT PROJ DRICR ACCOUNT NAME Increase Decrease 0100 1 11001500 1 61130000 CR Contingency- General Fund 750.00 0100 23000100 71500000 Rental - Equipment 750.00 General Fund Coitingency & County Court At Law #I: Matske To allocate funds for a copier lease that was not included during the bud et Rrocess. Prepared By Date 9%2B %201;Ri Vol. 1 L o Pg. `16 BRAZOS COUNTY, TEXAS BUDGETAMENDMENTS No. 10111 -1.2 inm7min FUND DIV PROJ DR/CR ACCOUNT NAME Increase Decrease 0100 11001500 CR Contingency- General Fund 3,455.00 0100 DR Transfer to Capital Im rovements 3,455.00 4500 CR Transfer fm General Fund 3,455.00 4500 63000500 !49028000 DR E ui ment -Other 3,455.00 General Fund Contingency & County Treasurer Reallocation of funds to purchase a pressure scale. Funds were not rolled during budget process because anticipated delivery in FY 2010. however, del ive now FY 2011. Pr�par �s11ey � zY��;ti� bates X729 /ZD10, VO1. ij y 0 pg. --- 149 _ BRAZOS COUNTY, TEXAS BUDGETAMENDMENTS No. 10/11 -1.3 1 011 212 01 0 FUNDI DIV I ACCT PROJ DRICR ACCOUNT NAME Increase Decrease 0100 11001500 61130000 CR Contingency- General Fund 3,615.02 1100 14000100 61203000 DR Minor Computer Hardware 3,615.02 General Fund Contingency & 1T: Reallocation of funds to purchase of two replacement servers for the Fxpo Center and Justice of the Peace, Pct #1. These items were funded in IT'S FYI budget, however we did not receive them until October. Therefore, they will need to be pay for the items with FYI funds. Vol.--j-±o pg. 1 ISO BRAZOS COUNTY, TEXAS BUDGET AMENRMENTS No. 10111 -1.4 10112!2010 IFUNDI DIV ACCT PROJ 1 DR/CR ACCOUNT NAME Increase Decrease 0100 11001500 61130000 CR Contingency- General Fund 1,560.00 0100 28002000 71500000 DR Rental - Equipment 1,560.00 General Fund Contingency & Sheriff Office: Jail Division Reallocation of funds for equipment rental of a bailer for cardboard compression. The rental of the bailer and subsequent sale of compression bails generates revenue for the County, In the past the revenue has been accounted for as a credit to the expenditure account. This year the Auditor would like to account for the reveneu and expenditure separately. In order to accomplish this, the full amount of rental ex ease must be appropriated for this fiscal year, Vol. 1 If Pg. I S 1 BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 10111 -1.5 10/12/2010 FUND DIV ACCT PROJ DRICRI ACCOUNT NAME Increase Decrease 0100 11001500 61130000 CR Contingency- General Fund 1,500.00 0100 22900100 72191000 DR Cluster Court Support 1,500.00 General Fund Contingency & Court Annex: Transfer of funds to over visiting contract court reporters for FYI 1. Vol. '140 pg. 152- t PERSONNEL CHANGE OF STATUS REQUESTS Commissioner Court Date: October 12, 2010 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 Transfer to Another Building Maintenance Woerz, Eric Resignation Transfer to Another Dept. District Attorney Ansley, Ian Resignation Dept. Carter, Melissa Reclassification Flowers, Sierra Resignation Transfer to Another Rojo del Busto, Sofia Resignation Wheat, Lee Ann Transfer to Another District Clerk Bohler, Barbie New Hire Human Resources Ables, Lynda New Hire Juvenile Eichinger, Larry Promotion Pennington, Shawn Promotion SO — Jail Bowling, Marlys Transfer to Another Dept. Burns, Joan Transfer to Another Dept. Idol, Sue Transfer to Another Dept. Jones, Sherry Transfer to Another Dept. Krc, Helene Transfer to Another Dept. Sowders, Lynda Transfer to Another Dept. Thompson, Natasha Transfer to Another Dept. Wheat, Lee Ann Transfer to Another Dept. Vol. ___ _ I � b — Pg• I—�°— PERSONNEL CHANGE OF STATUS REQUESTS Commissioner Court Date: October 12, 2010 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 Tax Office McAdams, Niki Raybion, Marilyn Approved in Commissioners' Court: October 1 - - "- County Judge's or Commissioner's Signature: (This Copy to be attached to minutes) Step Increase Step Increase Vol. ( Itu Pg. l 5 BRYAN, TEXAS RESOLUTION WHEREAS, the 75th Legislature of the State of Texas appropriated state funding in the form of Defense Economic Adjustment Assistance Grants ( DEAAG); and WHEREAS, the DEAAG grant program was developed to provide state funding for the purpose of acquiring federal grant assistance or sharing the cost of redevelopment of communities that have been adversely or positively affected by a base realignment and closure action; and, WHEREAS, Brazos County wishes to execute a grant Agreement with the State of Texas for the purpose of an economic development project, specifically the construction and installation of two clean rooms as part of the construction of an advanced therapeutic manufacturing facility called `Project GreenVax' (the "Project "); and, WHEREAS, The State of Texas Office of the Governor (000) will support the Project through a Defense Economic Adjustment Assistance Grant ( DEAAG), and has authority for the grant program under Texas Government Code 486. NOW, THEREFORE, BE IT RESOLVED by the Commissioners Court of Brazos County, Texas that 1. The County Judge is authorized to execute a grant Agreement with the State of Texas for the purpose of an economic development project, specifically Project GreenVax as defined herein. 2. The County Judge is authorized to accept $2,000,000.00 from the State of Texas. 3. The County Judge acknowledges the local community commitment to GreenVax is estimated at $2,930,000.00. PASSED, APPROVED AND RESOLVED THIS DAY OF &—bbe r 12010. dy Sims County Judge ab- nt- Commissioner Lloyd Wassermann Precinct 1 Commissioner I e ny Mallar Precinct Commissioner Duane Peters Precinct 2 ATTEST: Karen McQueen County Clerk '�' Resolution 10 -014 vol. �® pg. � SS AGREEMENT FOR THE DEFENSE ECONOMIC ADJUSTMENT ASSISTANCE GRANT BETWEEN THE OFFICE OF THE GOVERNOR, TEXAS MILITARY PREPAREDNESS COMMISSION AND BRAZOS COUNTY, TEXAS STATE OF TEXAS COUNTY OF TRAVIS SECTION 1. PARTIES TO GRANT AGREEMENT A. This grant agreement (Grant) is made and entered into by and between the Office of the Governor, Texas Military Preparedness Commission (OOG), and Brazos County acting by and through its duly authorized officers, employees, or independent contractors (Grantee). The parties hereto have severally and collectively agreed and by the execution hereof are bound to the mutual obligations and to the performance and accomplishment of the tasks described herein. SECTION 2. GRANT PURPOSE A. Grantee shall conduct, in a satisfactory manner as determined by OOG, an economic development project —the purchase and installation of plant growing equipment (including plant growth lighting) as part of the construction of an advanced therapeutic manufacturing facility called 'Project GreenVax' (the "Project "). OOG will support the Project through a Defense Economic Adjustment Assistance Grant (DEAAG), as created by the 75th Texas Legislature to provide state funding for the purpose of acquiring federal grant assistance or sharing the cost of redevelopment of communities that have been adversely or positively affected by a base realignment and closure action. OOG has authority for the grant program under Texas Government Code 486. B. The Project will benefit Brazos County with the creation of a minimum of 88 new, full -time jobs. Page 1 of 16 Vol. i L(0 pg. 15 (P SECTION 3. PROJECT REQUIREMENTS A. Grantee and COG mutually agree that this Grant is to be executed pursuant to a duly authorized resolution signed by the County Judge of Brazos County, Texas dated October 12, 2010. B. The total cost of the Project is $61,144,223, funded as follows: Funding Type Specific Source Name Amount Percent Office of the Governor, Defense Economic Adjustment Assistance Grant Texas Military Preparedness $2,000,000 3.2% Commission Assistance Requested from Federal Agencies Department of Defense $39,998,063 65.4% Assistance from Other Sources Private investment & other $16,216,160 26.5% grants Brazos County, City of Bryan, Local Community Funding Research Valley Partnership $2,930,000 4.8% and other community sources otal Project Cost $61,144,223 100% C. If Grantee's anticipated funding from any of the other sources named in Section 3(B) does not become available for the Project, the commitment of funds under this Grant shall be withdrawn and shall be reallocated to other applicants. Grantee shall have thirty (30) days to negotiate alternative financial arrangements prior to withdrawal of the commitment of funds under this Grant. D. If cost savings are realized by Grantee, the Grant award shall be reduced proportionally to the total project cost. The Grant award shall be reduced by fifty -four percent of the savings or, if fully funded, the Grantee shall reimburse OOG its share of the savings. SECTION 4. GRANT PERIOD A. This Grant shall become effective upon execution by all parties and shall terminate upon Grantee's satisfaction of all Grant Disbursement Requirements set forth in Section 16 of this Grant, but no later than August 31, 2014. SECTION 5. GRANTEE PERFORMANCE A. Grantee shall comply with all applicable laws and regulations, including but not limited to the Texas Department of Licensing and Regulation and the Texas Commission on Environmental Quality, and shall perform all activities in accordance with the terms of the Grant Disbursement Requirements specified in Section 15 of this Grant, and with all other terms, provisions, and requirements set forth herein. B. Grantee shall provide Quarterly Project Status Reports (Exhibit D) to COG, detailing the progress on grant requirements. Grantee shall include with the Quarterly Project Status Page 2 of 16 Vol. 1 Q 0 Pg 15-7 Reports information related to the Project including, but not limited to, amounts expended for the quarter and for the Project to date, the nature of the expenditures, Project percentage of completion, and a narrative supporting the expenditures and detailing Project status. Grantee shall provide additional information regarding the status of the Project at any time upon request from OOG. C. All reports provided to OOG shall be submitted no later than thirty (30) days after the end of each quarter or required reporting period. All reports provided to OOG shall be signed by the County Judge or his designee. D. Projects must be completed and grant funds must be expended by August 31, 2012. SECTION 6. OOG OBLIGATIONS A. In consideration of full and satisfactory performance of activities required by Section 3 of this Grant, OOG will disburse DEAAG funds to Grantee in the amounts and at the times specified by the Grant Funds Disbursement Requirements detailed in Section 15 of this Grant, and subject to the limitations set forth in this Section 6. Notwithstanding any other provision of this Grant, the total of all payments and other obligations incurred by OOG under this Grant will not exceed the sum of $2,000,000. OOG shall not be liable to Grantee for any costs incurred by Grantee or for any performances rendered by Grantee which are not strictly in accordance with the terms of this Grant for the Project. 2. OOG shall not be liable for costs incurred or performances rendered by Grantee after termination of this Grant, except as may be specifically set forth in Section 14(C). SECTION 7. RETENTION AND ACCESSIBILITY OF RECORDS A. Grantee shall maintain fiscal records and supporting documentation for all expenditures of funds disbursed under this Grant by OOG in accordance to with the terms and conditions of this Grant. Such records shall include data on the racial, ethnic, and gender characteristics of persons who are applicants for, participants in, or beneficiaries of the funds provided under this Grant. Grantee shall retain such records, and any supporting documentation, for the greater of four (4) years from the end of the Grant period, or the period required by other applicable laws, regulations, audits, or the completion of any administrative, civil or criminal matters, including but not limited to investigations, lawsuits, administrative inquires. B. Grantee shall give OOG, its designee, or any of their duly authorized representatives, access to and the right to examine all books, accounts, records, audit reports, reports, files, documents, written or photographic material, videotape and other papers, things, or property belonging to or in use by Grantee pertaining to this Grant, including records concerning any use of DEAAG funds, if applicable to the Grantee. Such rights to access shall continue as long as the records are retained by Grantee. Failure to provide reasonable access to authorized OOG representatives shall give OOG the right to terminate the Grant as provided for in Section 14, or any portion thereof, for reason of default. Grantee agrees to maintain such records in an accessible location and to provide citizens reasonable access to such records consistent with the Texas Public Information Act, Texas Government Code Section 552. Page 3 of 16 Vol. If pg 1 5 C. Acceptance of funds under this Grant acts as acceptance of the authority of the State Auditor's Office or any successor agency to audit or investigate the expenditure of funds under this Grant or any subcontract. Grantee further agrees to cooperate fully with the State Auditor's office or its successor, including providing all records requested. Grantee will ensure that this clause concerning the authority to audit funds received indirectly by subcontractors through Grantee and the requirement to cooperate is included in any subcontract it awards. SECTION 8. MONITORING A. OOG may perform periodic on -site monitoring of Grantee's compliance with the terms and conditions of this Grant and of the adequacy and timeliness of Grantee's performance. After each monitoring visit, COG will provide Grantee with a written report of the monitor's findings. If the monitoring report notes deficiencies in Grantee's performances under the terms of this Grant, the monitoring report shall include requirements for the timely correction of such deficiencies by Grantee. Failure by Grantee to take action specified in the monitoring report may be cause for suspension or termination of this Grant, in accordance with Sections 14. SECTION 9. INDEPENDENT CONTRACTOR A. It is expressly understood and agreed by the parties hereto that OOG is contracting with Grantee as an Independent Contractor, and that Grantee, its employees and subcontractors are not employees of OOG. SECTION 10. CONFLICT OF INTEREST A. Grantee shall ensure that no employee, officer, or agent of Grantee shall participate in the selection, award, or administration of a subcontract supported by funds provided hereunder if a conflict of interest, real or apparent, would be involved. Such conflict of interest would arise when: (1) the employee, officer, or agent; (2) any member of his or her immediate family; (3) his or her partner; or, (4) any organization which employs, or is about to employ any of the above, has a financial or other interest in the firm or person selected to perform the subcontract. Grantee shall comply with Chapter 171, Texas Local Government Code. No employee, agent, consultant, officer, or elected or appointed official, of either Grantee or of a subcontractor, who exercises or has exercised any functions or responsibilities or is in a position to participate in decision - making or gain inside information in regard to the activities involved in the Project, shall be permitted to have or obtain a financial interest in or benefit from the Project or any contract, subcontract or agreement with respect thereto, or the proceeds thereunder, either for themselves or those with whom they have family or business ties. This prohibition shall remain in effect for the duration of the prohibited relationship plus one calendar year thereafter. SECTION II. LEGAL AUTHORITY A. Grantee assures and guarantees that Grantee possesses the legal authority to enter into this Grant, to receive funds authorized by this Grant, and to perform the services Grantee has obligated itself to perform hereunder. Page 4 of 16 V01. +o pg. 15 % B. The person or persons signing and executing this Grant on behalf of Grantee, or representing themselves as signing and executing this Grant on behalf of Grantee, do hereby certify that he, she or they have been duly authorized by Grantee to execute this Grant on behalf of Grantee and to validly and legally bind Grantee to all terns, performances, and provisions herein set forth. C. If there is a dispute as to the legal authority of the person signing this Grant on behalf of Grantee to enter into this Grant and the dispute results in the termination of this Grant, Grantee shall be liable to OOG for any money it has received from OOG for performance of the provisions of this Grant. SECTION 12. LITIGATION AND CLAIMS A. Grantee shall give OOG immediate notice in writing of any action, including any proceeding before an administrative agency, filed against Grantee arising out the performance of any subcontract hereunder. Except as otherwise directed by OOG, Grantee shall furnish immediately to OOG copies of all pertinent papers received by Grantee with respect to such action or claim. Grantee shall notify OOG immediately of any legal action filed against the Grantee or any subcontractor, or of any proceeding filed under the federal bankruptcy code. Grantee shall submit a copy of such notice to OOG within 30 calendar days after receipt. No funds provided under this Grant may be used in the payment of any costs incurred from violations or settlements of or failure to comply with federal and state regulations. B. OOG and Grantee acknowledge that they are political subdivisions of the State of Texas and are subject to, and comply with the applicable provisions of the Texas Tort Claims Act, as set out in the Civil Practice and Remedies Code, Section 101.001 et, seq., and the remedies authorized therein regarding claims and causes of action that may be asserted by third parties for accident, injury or death. C. This Grant shall be interpreted according to the Constitution and the laws of the State of Texas. Venue of any court action brought directly or indirectly by reason of this Grant shall be in Travis County, Texas. SECTION 13. CHANGES AND AMENDMENTS A. Except as specifically provided in Section 13(C) of this Grant, any alterations, additions, or deletions to the terms of this Grant shall be by a written amendment executed by both parties. B. Grantee shall perform in accordance with the laws and rules governing DEAAG and the terms and conditions of this Grant. During the Grant period, OOG may issue policy directives to establish, interpret, or clarify requirements under this Grant. Policy directives from OOG shall be binding upon Grantee. No policy directives or amendments shall alter the terms of this Grant so as to release OOG from any obligation specified in Section 6 of this Grant to reimburse costs incurred by Grantee prior to the effective date of said amendments or policy directives. C. Any alterations, additions, or deletions to the terms of this Grant required by changes in state law or regulations are automatically incorporated into this Grant without written amendment hereto, and shall become effective on the date designated by such law or regulation. Page 5 of 16 Vol. Pg. too SECTION 14. TERMINATION A. OOG shall have the right to terminate this Grant for non - compliance, in whole or in part, at any time before the date of completion specified in Section 4 of this Grant whenever OOG determines that Grantee has failed to comply with any term of this Grant. OOG shall provide Grantee with written notification as to the nature of the non - compliance, and grant Grantee a sixty (60) day period from the date of written notification from OGG to cure any issue of non - compliance under this Grant. Should Grantee fail to cure any default within this period of time, OOG may, upon issuance to Grantee of a written Notice of Termination, terminate this Grant in whole or in part and withhold further payments to Grantee, and prohibit Grantee from incurring additional obligations of funds under this Grant. Such notification shall include: (1) the reasons for such termination; (2) the effective date of such termination; and, (3) in the case of partial termination, the portion of the Grant to be terminated. B. In the case of default for causes beyond Grantee's reasonable control, which cannot with due diligence be cured within such sixty (60) day period, OOG may, in its sole discretion, extend the cure period provided that Grantee upon receipt of a Notice of Termination shall (1) immediately advise OOG of Grantee's intention to institute all steps necessary to cure such default and the associated time frame that are acceptable to OOG and (2) complete all steps necessary to cure same. If any steps are not met, the cure period immediately ceases, and repayment will be submitted by Grantee in accordance with Section 15. C. Except as provided in Section 14(A), awards may be terminated in whole or in part only as follows: 1. By OOG upon written notification to Grantee stating the termination conditions, including the effective date and in the case of partial termination, the portion to be terminated; or 2. By the Grantee upon written notification to OOG, setting forth the reasons of such termination, the effective date, and in the case of partial termination, the portion to be terminated. However, if, in the case of partial termination, OOG determines in its sole discretion that the remaining portion of the award will not accomplish the purpose for which the award was made, OOG may terminate the award in its entirety under Section 14(A). D. Upon receipt of Notice of Termination for non - compliance under Section .14(A), Grantee shall, to the extent possible under its other contractual obligations, cancel, withdraw, or otherwise terminate any outstanding orders or subcontracts related to the performance of this Grant or the part of this Grant to be terminated and shall cease to incur costs thereunder. Any other work or materials under or part of this Grant shall be terminated and OOG will not be liable to Grantee or to Grantee's creditors for any costs incurred subsequent to receipt of a Notice to Terminate or any unacceptable costs determined by OOG. E. Notwithstanding any exercise by OOG of its right of early termination pursuant to this Section 14, Grantee shall not be relieved of any liability to OOG for damages due to OOG by virtue of any breach of this Grant by Grantee. OOG may withhold payments to Grantee until such time as the exact amount of damages due to OOG from Grantee is agreed upon or is otherwise determined. Page 6 of 16 VOL- ) 40 Pg._ __-- SECTION 15. GRANT DISBURSEMENT REQUIREMENTS A. All Grant funds must be expended by August 31, 2012 by OOG. Grant funds may be used to cover any actual and direct expenses incurred in furtherance of the Project, even if incurred prior to the effective date of this Grant. Grant funds may not be used for the payment of taxes, overtime, overhead, debt repayment, or indirect expenses. Administrative fees paid to or retained by Grantee shall be deemed a direct expense incurred in furtherance of the Project. B. OOG will release the initial disbursement of Grant funds, which shall not exceed $1,000,000 or fifty percent (50 %) of the total amount of funds provided by OOG under this Grant (hereinafter "Grant Funds "), upon submission of the following by Grantee in a manner acceptable to OOG: 1. Current Project Timeline; 2. Specific plans and specifications for the construction of the Project, as set out in Section 2, are on file with the Grantee; 1 A letter identifying individuals authorized to request and receive Grant funds from OOG on behalf of Grantee; 4. Proof of local and other source funding supporting the Project in the amount of $2,930,000, as set out in Section 3; 5. Proof of any actual expenses and, if unpaid, costs incurred in fulfillment of Section 2; C. OOG will release the second disbursement of Grant Funds, which shall not exceed $800,000, or forty percent (40 %) of the Grant Funds upon submission of the following by Grantee in a manner acceptable to OOG: 1. Satisfaction of the disbursement requirements in Section 15(B); 2. Review and evaluation of Project Timeline; 3. Proof of any actual expenses and, if unpaid, costs incurred in fulfillment of Section 2; and 4. Providing a copy of an invoice showing fifty per cent (50 %) completion of the Project, with an "Architect's Certificate for Payment" stamped and signed by the Architect or Engineer. D. OOG will release the final disbursement of Grant Funds, which shall not exceed $200,000, or ten percent (10 %) of the Grant Funds, upon Project completion as demonstrated in a manner acceptable to OOG by the following: 1. Completion of the construction of the Project as described in the plans and specifications referred to in Section 15 (B)(2) as evidenced by the submission of a Certificate of Completion, Exhibit A, signed by the architect or engineer and Page 7 of 16 Vol. 1q0 Pg. 1 l a the highest elected Grantee official or designee, to COG no later than 60 calendar days after the conclusion of Project modifications and construction; 2. Proof of all actual expenses and costs incurred to support reimbursement of the entire Grant; and 3. A Project Completion Report, Exhibit B, describing all activities performed under this Grant must also be submitted. E. The Grantee shall provide the following reports and updates in a manner acceptable to OOG, including photographs where appropriate, no later than sixty (60) days after completion of the Project, as marked by the release of the final installment of Grant Funds by OOG: 1. The Semiannual Impact Report, Exhibit C, provided via mail, email or facsimile, on jobs generated and retained by the Project, as described in Section 2(B) of this Grant, beginning with the completion date of the Project as evidenced in the Certificate of Completion for a period of two (2) years. For purposes of this Grant, job creation and retention rates may be evidenced by satisfactory documentation, such as copies of payroll documents or human resource documents. A duly authorized representative of the Grantee in accordance with Section 3(A) must certify such documentation. F. In the event Grantee fails to complete the Project or comply with any provision as specified in this Grant, the Grantee may be liable for damages under this Grant and barred from applying for or receiving additional funding under the DEAAG program until repayment is made and any other compliance or audit findings are resolved and/or any issue of non- compliance is cured to the satisfaction of OOG pursuant to Section 14 of this Grant. G. In addition to the limitations on liability otherwise specified in this Grant, it is expressly understood and agreed by the parties hereto that if Grantee fails to submit to OOG in a timely and satisfactory manner any report required by this Grant, OOG shall receive a repayment of funds from Grantee equal to $100 per day until the required report is satisfactorily submitted. H. Grantee shall refund to COG any sum of money paid to Grantee by OOG, which OOG determines is an overpayment to Grantee, or in the event COG determines funds spent by Grantee were not an allowable cost of this Project. No refund payment(s) may be made from local, state, or federal grant funds unless statute or regulation specifically permits repayment with grant funds. Such refund shall be made by Grantee to COG within thirty (30) calendar days after such refund is requested in writing by OOG, or within thirty (30) calendar days of a notice from OOG indicating the request is the result of a final determination that the refund is owed. I. Grantee shall provide OOG with copies of all reports required by the federal agencies pursuant to the terms of individual federal grants received, if any, within thirty (30) days of their submission to the granting agencies. SECTION 16. SUBCONTRACTS Page 8 of 16 Vol. i " Pg. ((o31 A. Grantee shall ensure that the performance rendered under all subcontracts complies with all terms and provisions of this Grant as if such performance was rendered by Grantee. Grantee shall bear full responsibility for performance by all subcontractors. B. Grantee, in subcontracting any of the performances hereunder, expressly understands that in entering into such subcontracts, OOG is in no way liable to Grantee's subcontractors. C. Grantee assures and shall obtain assurances from all of its subcontractors where applicable, that no person shall, on the grounds of race, creed, color, disability, national origin, sex or religion, be excluded from, be denied the benefit of, or be subjected to discrimination under any program or activity funded in whole or in part under this Grant. D. As subcontracts and supplier contracts become necessary to carry out the requirements of this Grant, Grantee covenants to make a good faith effort to contract with historically underutilized (disadvantaged) businesses so certified by the State of Texas, as that term is identified by Section 2161.001, Texas Government Code. Grantee shall make a good faith effort to let at least thirty percent (30 %) of the total value of all subcontracts and supplier contracts for the performance of this Grant to historically underutilized (disadvantaged) businesses. SECTION 17. DEBARMENT A. By signing this Grant, Grantee certifies that it will not award any funds provided under this Grant to any party which is debarred, suspended or otherwise excluded from or ineligible for participation in assistance programs. Grantee further certifies that it is not ineligible under Section 231.006 of the Texas Family Code to receive the specified grant, loan, or payment and acknowledges that this Grant may be terminated and payment may be withheld if this certification is inaccurate. SECTION 18. RIGHTS UPON DEFAULT A. It is expressly understood and agreed by the patties hereto that any right or remedy provided for in this Grant shall not preclude the exercise of any other right or remedy under this Grant or under any provision of law, nor shall any action taken in the exercise of any right or remedy be deemed a waiver of any other rights or remedies. Failure to exercise any right or remedy hereunder shall not constitute a waiver of the right to exercise that or any other right or remedy at any time. SECTION 19. NON - ASSIGNMENT A. This Grant is not assignable by Grantee. Notwithstanding any attempt to assign the Grant, Grantee shall remain fully liable on this Grant and shall not be released from performing any of the terms, covenants, and conditions herein. Grantee shall be held responsible for all funds received under this Grant. SECTION 20. ENTIRE AGREEMENT A. This Grant is the entire agreement between the parties. All oral and written agreements between the parties to this Grant, including the DEAAG Application submitted by the Grantee, relating to the subject matter of this Grant that were made prior to the execution of this Grant have been reduced to writing and are incorporated in this Grant. Page 9 of 16 Vol. 1 q 0 pg. I & SECTION 21. AUTHORIZED RELIEF FROM PERFORMANCE (Force Majeure) A. OOG may grant relief from performance of the Grant if the Grantee is prevented from compliance and performance by an act of war, order of legal authority, act of God, or other unavoidable cause not attributed to the fault or negligence of the Grantee. The burden of proof for the need for such relief shall rest upon the Grantee. To obtain release based upon force majeure, the Grantee must file a written request with OOG. SECTION 22. INDEMNITY AND HOLD HARMLESS A. To the extent allowed by law, Grantee agrees to indemnify and hold the State, OOG, and its agents, officers, and employees harmless for any and all losses, claims, suits, actions, and liability, including any litigation costs, that arise from any act or omission of the Grantee or any of its officers and employees, agents, contractors, assignees, and affiliates relating to the project for which this grant is made regardless of whether the act or omission is related to job creation or other stated purposes of the grant. SECTION 23. SURVIVAL OF CERTAIN GRANT PROVISIONS A. The following provisions of the Grant, concerning Grantee's obligations, shall survive the termination of the Grant: I. Section 2B (Job Creation) 2. Section 7 (Records Retention and Accessibility of Records) 3. Section 15E (Reports Concerning the Project After Completion). [Remainder ofpage intentionally left blank; signature pagefollows ] Page 10 of 16 Vol. 11%0 PS I &S IN WITNESS WHEREOF, the parties have executed this Grant as of the effective date stated above. Brazos Sims County Attest: C�_ .i /N-C- Karen McQueen Brazos County Clerk OFFICE OF THE GOVERNOR Raymond C. Sullivan Chief of Staff APPROVED AS TO FORM: Michael D. Bryant Assistant General Counsel Page I1 of 16 Vol. `? 0 pp _ b Exhibit A CERTIFICATE OF 100% COMPLETION Locality: DEAAG Grant Number: This is to certify that an inspection of 100% of the completed project described below was conducted on the _ day of , 20_ Contracts were entered into for PROJECT between the GRANTEE and the following subcontractors: SUBCONTRACTORS. This is to further certify that: 1. The work has been completed in accordance with the plan and specifications and all addenda, change orders and supplemental agreements thereto. 2. The Contractors have presented satisfactory evidence that he or she will repair, replace, and made good any faulty workmanship and/or materials discovered in the work within a period of 12 months from this date as provided in the Contracts. 3. The Grantee has or will acquire the approval of any and all regulatory entities as required under the law, including, but not limited to the Texas Commission on Environmental Quality and the Texas Department of Licensing and Regulation. FOR THE ENGINEER: Signature Print Name Title Date - Engineer Seal - FOR THE GRANTEE: Signature Print Name Date Page 12 of 16 Vol. 140 pg, 10 Exhibit B PROJECT COMPLETION REPORT Locality: DEAAG Grant Number: Percent Completed: The GRANTEE has successfully completed, and in a satisfactory manner, the PROJECT. The purpose of the grant was to GRANT PURPOSE. Funding sources for the above grant were as follows: The total construction cost for the project is as follows: • Project Total $ *Total The following is a brief project scope summary: Demolition/Site Preparation • Construction Other FOR THE PROJECT MANAGER: Signature Print Name Date Page 13 of 16 Vol. I Lf o Pg 10 Exhibit C SEMIANNUAL IMPACT REPORT Project Name: DEAAG Grant Number: Grantee Name: Address: Telephone: Fax: Contact Person: Email: Time Period Covered by Report: to Project Performance Measures: Create _ Jobs within 2 years of the completion of the project • Project Description: • Project Address: Jobs Created Time Period Active Full Time Jobs Created Payroll Generated EX. 01/09 —03/09 $ Indirect Permanent Jobs Construction Jobs Total All Jobs $ Total $ Breakdown of Jobs Created Job Type Jobs Created This Reporting Period Total Jobs Created to Date Direct Permanent Jobs Indirect Permanent Jobs Construction Jobs Total All Jobs Page 14 of 16 Vol. 1140 pg I69 Businesses assisted or created this period: Businesses assisted or created to date: Project Financial Impact • Narrative summary of Financial Impact: THE SIGNATURE BELOW CERTIFIES THAT THE INFORMATION SUBMITTED IN THIS REPORT IS TRUE AND CORRECT TO THE BEST KNOWLEDGE OF THE GRANTEE. FOR THE GRANTEE: Signature Print Name Title Date Page 15 of 16 VOI. ) ti o pg. t J O Exhibit D DEAAG QUARTERLY PROJECT STATUS REPORT {PROJECT NAME} TMPC {PROJECT NUMBER} Expenditures for quarter ending (DATE) Expenditures Description Percentage of Project Completed: Summary of Expenditures to date: Quarter Ending Expenditures Brief narrative explaining expenditures: Project Status: Project Manager: Date: Page 16 of 16 Vol. ---=- °_..._. SUBCONTRACT AGREEMENT BETWEEN G -CON and BRAZOS COUNTY UNDER THE AGREEMENT FOR THE DEFENSE ECONOMIC ADJUSTMENT ASSISTANCE GRANT BETWEEN THEOFFICE OF THE GOVERNOR, TEXAS MILITARY PREPAREDNESS COMMISSIONAND BRAZOS COUNTY, TEXAS STATE OF TEXAS § COUNTY OF BRAZOS § This Subcontract Agreement (this "Agreement ") entered into by and between BRAZOS COUNTY, TEXAS, a political subdivision of the State of Texas, acting herein by and through its duly elected Commissioners Court, (hereinafter referred to as "County "), and G -CON, LLC, a Texas limited liability company, TEXAS BIOPROPERTIES, LP, a Texas limited partnership and a wholly owned subsidiary of G -Con, LLC, and GREENVAX, LLC, a Texas limited liability company and a subsidiary of G -Con, LLC (hereinafter collectively referred to as "Subcontractor "). Capitalized terms used in this Agreement and not defined herein have the meanings given such terns in the Grant (as defined below). WITNESSETH: WHEREAS, County and Office of the Governor, Texas Military Preparedness Commission ( "OOG ") are parties to that certain Agreement For The Defense Economic Adjustment Assistance Grant (a copy of which is attached hereto as "Attachment A" and incorporated herein by reference, the "Grant ", which provides certain funds to be used in the construction of the Project; and WHEREAS, the "Project" is an economic development project for the purchase and installation of plant growing equipment (including plant growing lighting) as part of the construction of an advanced therapeutic manufacturing facility called "Project GreenVax; and, 1 Vol. �� pg X72 WHEREAS, the Project will benefit Brazos County with the creation of a minimum of 88 new, full -time jobs and in other ways, and WHEREAS, Subcontractor is the developer of the Project; and WHEREAS, County and Subcontractor are entering into this Agreement to provide for the responsibilities of the County and Subcontractor in the performance of the Grant and to ensure that the disbursement requirements and liabilities under the Grant are satisfied; NOW, THEREFORE, in consideration of the mutual benefits and promises contained herein and for good and other valuable consideration, the adequacy and receipt of which is hereby acknowledged, the parties agree as follows: GENERAL PROVISIONS 1. Engagement of Subcontractor. County hereby engages Subcontractor to perform the following obligations of Grantee under the Grant: Grantee's obligations under Sections 3 (Project Requirements), 5 (Grantee Performance), and 15 (Grant Disbursements Requirements). Subcontractor hereby accepts such engagement and agrees and acknowledges that its performance under this Agreement shall also be subject to the provisions of Sections 7 (Retention and Accessibility of Records), 8 (Monitoring), 10 (Conflict of Interest), 12 (Litigation and Claims), and 16 (Subcontracts). County and Subcontractor each agree to notify the other (and provide copies) as promptly as practical following receipt of communications from the OOG regarding the Grant and to copy the other party on any communications to the OOG regarding the Grant. 2. Independent Contractor. It is expressly understood and agreed by the parties hereto that County is contracting with Subcontractor as an independent contractor, and that Subcontractor, its employees and subcontractors are not employees of County. 2 Vol. 1 V 0 pg. 173 3. Author i . Subcontractor assures and guarantees that Subcontractor possesses the legal authority to enter into this Agreement, to receive funds authorized by this Agreement, and to perform the services Subcontractor has obligated itself to perform hereunder. 4. Disbursements. In accordance with Section 15 of the Grant, County shall pay to Subcontractor (or request that OOG pay directly to Subcontractor for the benefit of County) all disbursements received under the Grant; provided that the County shall retain $50,000 from the final disbursement of Grant Funds to compensate County for its administrative costs associated with the Grant. 5. Hold Harmless. Should County be held responsible for the repayment of any amount to the OOG under any applicable section of the Grant, Subcontractor agrees to indemnify the County. Subcontractor agrees to indemnify and hold County, and its agents, officers, and employees harmless for any and all losses, claims, suits, actions, and liability, including any litigation costs, that arise from any negligence or any act or omission of the Subcontractor or any of its officers and employees, agents, contractors, assignees, and affiliates relating to the Project; provided that Subcontractor shall not have any liability or obligations for any act or omission of County or any of its agents, officers, and employees its agents, officers, and employees. MISCELLANEOUS. 6. This Agreement shall be binding on and inure to the benefit of the parties to it and their respective heirs, executors, administrators, legal representatives, successors, and permitted assigns. Subcontractor shall not assign this Agreement without the written approval of the County. Consent to an assignment to a subsidiary or affiliate company of Subcontractor shall not be unreasonably withheld; otherwise, this subcontract shall not be assignable. 7. Severability. If any provision of this Agreement is held to be illegal, invalid or unenforceable under present or future laws effective while this Agreement is in effect, such 3 Vol. NO pg. 0l provision shall be automatically deleted from this Agreement and the legality, validity and enforceability of the remaining provisions of this Agreement shall not be affected thereby, and in lieu of such deleted provision, there shall be added as part of this Agreement a provision that is legal, valid and enforceable and that is as similar as possible in terms and substance as possible to the deleted provision. 8. Texas law to apply. This Agreement shall be construed under and in accordance with the laws of the State of Texas and the obligations of the parties created hereunder are performable by the parties in Brazos County, Texas. Venue for any litigation arising under this Agreement shall be in a court of appropriate jurisdiction in Brazos County, Texas. 8. Sole Agreement. This Agreement constitutes the sole and only agreement of the parties hereto respecting the subject matter covered by this Agreement, and supersedes any prior understandings or written or oral agreements between the parties. 9. Amendments. Except as specifically provided in the last sentence of this Section 9, any alterations, additions, or deletions to the terms of this Grant shall be by a written amendment executed by both parties. County shall not agree to any amendment or modification of the Grant that increases the obligations of Subcontractor hereunder or under the Grant or that modifies the Grant disbursement requirements in a manner adverse to the County or Subcontractor without Subcontractor's prior written consent. Any alterations, additions, or deletions to the terms of the Grant required by changes in state law or regulations are automatically incorporated into this Agreement without written amendment hereto, and shall become effective on the date designated by such law or regulation. 10. Rights and Remedies Cumulative. The rights and remedies provided by this Agreement are cumulative and the use of any one right or remedy by either party shall not preclude or waive 4 Vol. �� Pg S its right to use any and all other legal remedies. Said rights and remedies are provided in addition to any other rights the parties may have by law, statute, ordinance or otherwise. 11. No Waiver. County's failure to take action to enforce this Agreement in the event of Subcontractor's default or breach of any covenant, condition, or stipulation herein on one occasion shall not be treated as a waiver and shall not prevent County from taking action to enforce this Agreement on subsequent occasions. 12. Notices. County and Subcontractor hereby designate the following individuals to receive any notices required to be submitted pursuant to the terms of this Agreement: County Brazos County Judge 200 South Texas Avenue Suite 332 Bryan, Texas 77803 Subcontractor G -Con, LLC Texas BioProperties, LP GreenVax, 1700 Pacific Avenue Suite 1100 Dallas, Texas 75201 -7307 13. Incorporation of Recitals. The determinations recited and declared in the preambles to this Agreement are hereby incorporated herein as part of this Agreement. 14. Duplicate Originals. The parties hereto have executed this Agreement in duplicate originals, each of equal dignity. Each party has stated the execution date below the signature of, its authorized representative. If the parties sign this Agreement on different dates, the later date shall be the effective date of this Agreement for all purposes. (Signature page follows) G Vol. 14O pg. I 1 ATTEST: kaien McQueen, Brazos County Clerk 13 I / V/ Randy Siyhs, County Judge APPROVED AS TO FORM: Bill Ballard, Assistant County Attomey G -CON, LLC (a Texas limited By: Date: company) TEXAS BIOPROPERTIES, LP By: Texas BioProperties GP, LLC, its general partner (a TexfiS limited liability company) By: David Date: GREENVAX,LLC (a Texas limited liaitty company) By: David M.- Date: tA- I JIF /21ptD R Vol. 14 0 Pg. M ATTACHMENT A AGREEMENT FOR THE DEFENSE ECONOMIC ADJUSTMENT ASSISTANCE GRANT OFFICE OF THE GOVERNOR. TEXAS MILITARY PREPAREDNESS COMMISSION AND BRAZOS COUNTY, TEXAS jig Vol. __ µ Pg.--- --