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BRYAN,TEXAS
NOTICE OF MEETING AND AGENDA
BRAZOS COUNTY COMMISSIONERS COURT
THE COMMISSIONERS COURT OF BRAZOS COUNTY WILL MEET IN
REGULAR SESSION ON AUGUST 14, 2012 AT 10:00 AM IN THE
COMMISSIONERS COURTROOM OF THE COUNTY ADMINISTRATION
BUILDING, 200 SOUTH TEXAS AVE., SUITE 106, BRYAN, TX 77803
1. Invocation and Pledge of Allegiance - Chaplain G.H. Jones and Commissioner Cauley
2. Call for Citizen input and /or concerns.
3. Presentation(s)
Presentation of the Brazos County Proposed Budget for Fiscal Year 2012 -2013.
Consider and take action on agenda items 4 - 23:
4. Establish the date and time for a Public Hearing on the Proposed Budget for Fiscal Year 2012 -2013.
5. Proposal to Increase Tax Revenues.
6. Establish the dates and times for two Public Hearings for a Tax Revenue Increase.
7. Order #12 -013 approving and authorizing publication of notice of intention to issue certificates of
obligation and other matters related thereto.
8. Resolution #12 -003 declaring intention to reimburse certain expenditures with borrowing proceeds.
g, Resolution #12 -004 providing for the public sale of property acquired by the County of Brazos from
delinquent taxes.
10_ Order calling the November 2012 General Election.
Orden Ilamando la Eleccl6n General en novlembre de 2012.
11. Request to approve the Brazos County Clerk's Archival Plan to collect a $5.00 fee for court and non-
Vol. i to 5 1 Pg. 1
BRAZOS COUNTY
f
court filinas.
12. Request to approve the Brazos County District Clerk's Archival Plan to collect a $5.00 fee for court
filinas.
13. Request by County Attorney for variance to Comp Time Policy.
1 Approval of the following committee members to evaluate proposals for medical insurance:
• a. Jennifer Salizar - Human Resources Director
• b. Bill Jeanes - Risk Manager
• c. Kenny Mallard - Commissioner Pct. 3
• e Bill Ballard - County Attorney's Office (non - voting)
• f. Charles Wendt - Purchasing Agent (non - voting)
15. Consider and take action on proposed Customer Agreement Amendment for eFiling services.
16. Consider and take action on the FY14/14 State Case Registry and Local Customer Service Contract
through the Texas Attorrney General's Office.
17. Contract with 4M Youth Services Inc Rockdale Regional Juvenile Justice Center, for secure Iona -term
iuvenile offender residential services.
l"
19.
20
21. Budget Amendments.
Budget Amendments FY 11/12 42.1 thru 42.4
22. Personnel Change of Status.
Personnel Action Forms
23. Payment of Claims.
24. Acknowledgement of the Brazos County Purchasing Department Update for August 3 - 9. 2012
25. Acknowledgement of Quarter Ending 6/30/12 Investment Report
26. Sheriff's report on inmate population.
27. Announcement of interest items and possible future agenda topics.
28. Call for Citizen input and /or concerns.
29. Adjourn.
Vol. I G5 1'g. C,�
Request from Weber Energy for placement of a temporary 10" aluminum waterline in the right of way
of Wilcox Lane. Site is located in Precinct 2.
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 speaker's 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.
i I'L [STA i_[IIIII-1 I
Any invocation that may be offered before the official start of the Court meeting shall be to and for the benefit of the Court. The
views or beliefs expressed by the invocation speaker have not been previously reviewed or approved by the Court and do not
necessarily represent the religious beliefs or views of the Court in part or as a whole. No member of the community is required
to attend or participate in the invocation and such decision will have no impact on their right to actively participate in the
business of the Court.
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. l &E5 pg� 3
BRYANJEXAS
MINUTES
August 14, 2012
BRAZOS COUNTY COMMISSIONERS COURT
REGULAR MEETING
Im Signature Paae.pdf
it File Stamped Aaenda.pdf
Sian in sheet.pdf
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 10:00 a.m. on
Tuesday, August 14, 2012 with the following members of the Court present:
Duane Peters, County Judge, Presiding;
Lloyd Wassermann, Commissioner of Precinct 1;
Sammy Catalena, Commissioner of Precinct 2;
Kenny Mallard, Commissioner of Precinct 3, Absent;
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 -
Chaplain G.H. Jones and Commissioner Cauley
Commissioner Wasserman asked for a moment of silence to remember Constable
Brian Bachmann who died in the line of duty on Monday, August 13, 2012.
2. Call for Citizen input and /or concerns.
Eric Caldwell, Chief Information Officer, recognized those who helped implement the
Vol. I & 5 P g .—q._.—
BRAZOS COUNTY
new website and thanked them for their hard work. He said there had been very goc
feedback on the new site.
3. Presentation(s)
Presentation of the Brazos County Proposed Budget for Fiscal Year 2012 -2013.
ID Item 3.ppt
The County Judge presented the proposed Budget for Fiscal Year 2012 -2013. He th
thanked the Commissioners and the elected officials for being available for meetings
Consider and take action on agenda items 4 - 23:
4. Establish the date and time for a Public Hearing on the Proposed Budget for Fiscal Y
2012 -2013.
Item 4.pdf
A public hearing on the proposed budget will be held on Friday, August 31, 2012 at 3:00
p.m. in the Commissioners Courtroom.
Motion: Approve, Moved by County Judge Duane Peters, Seconded by Commissioner
LLoyd Wassermann. Passed. 5 -0. Members voting Aye: Catalena, Cauley, , Mallard,
Peters, Wassermann .
5. Proposal to Increase Tax Revenues.
10 5.pdf
The County Judge proposed a tax rate of $.4850 per hundred dollar valuation for the
2012 tax year.
Motion: Approve, Moved by Commissioner Sammy Catalena, Seconded by
Commissioner LLoyd Wassermann. Passed. 5 -0. Members voting Aye: Catalena,
Cauley, , Mallard , Peters, Wassermann .
6. Establish the dates and times for two Public Hearings for a Tax Revenue Increase.
Item 6.pdf
Two public hearings will be held to hear commentary for and against the tax revenue
increase. The first on Friday, August 31, 2012 at 3:30 p.m. in the Commissioners
Courtroom and the second on Thursday, September 6, 2012 at 10:30 a.m. in the
Commissioners Courtroom.
Motion: Approve, Moved by Commissioner LLoyd Wassermann, Seconded by
Commissioner Irma Cauley. Passed. 5 -0. Members voting Aye: Catalena, Cauley, ,
Mallard , Peters, Wassermann .
7. Order #12 -013 approving and authorizing publication of notice of intention to issue
certificates of obligation and other matters related thereto.
tom- Item Todf
Approved as submitted. The County Judge noted that the court did not have to raise the
tax rate as a result of the lower interest rate. A copy is attached.
Motion: Approve, Moved by Commissioner Sammy Catalena, Seconded by
Commissioner LLoyd Wassermann. Passed. 5 -0. Members voting Aye: Catalena,
Cauley, , Mallard , Peters , Wassermann .
8. Resolution #12 -003 declaring intention to reimburse certain expenditures with borrowing
proceeds.
UD Item 8.pdf
Vol. )('15 Pg. 5
Approved as submitted.
Motion: Approve, Moved by County Judge Duane Peters, Seconded by Commissioner
LLoyd Wassermann. Passed. 5 -0. Members voting Aye: Catalena, Cauley, , Mallard,
Peters, Wassermann .
9. Resolution #12 -004 providing for the public sale of property acquired by the County of
Brazos from delinquent taxes.
Item 9.pdf
Approved as submitted.
Motion: Approve, Moved by Commissioner LLoyd Wassermann, Seconded by
Commissioner Sammy Catalena. Passed. 5 -0. Members voting Aye: Catalena, Cauley, ,
Mallard , Peters , Wassermann .
10. Order calling the November 2012 General Election.
0 = Item 10.pdf
Orden Ilamando la Eleccion General en noviembre de 2012.
Approved as submitted. A copy is attached.
Motion: Approve, Moved by Commissioner Sammy Catalena, Seconded by
Commissioner LLoyd Wassermann. Passed. 5 -0. Members voting Aye: Catalena,
Cauley, , Mallard , Peters, Wassermann .
11. Request to approve the Brazos County Clerk's Archival Plan to collect a $5.00 fee for
court and non -court filings.
3 . 1tem 11.pdf
Approved as submitted. A copy is attached.
Motion: Approve, Moved by Commissioner Irma Cauley, Seconded by Commissioner
LLoyd Wassermann. Passed. 5 -0. Members voting Aye: Catalena, Cauley, , Mallard,
Peters, Wassermann .
12. Request to approve the Brazos County District Clerk's Archival Plan to collect a $5.00
fee for court filings.
3. 1tem 12.pdf
Approved as submitted. A copy is attached.
Motion: Approve, Moved by Commissioner Sammy Catalena, Seconded by
Commissioner LLoyd Wassermann. Passed. 5 -0. Members voting Aye: Catalena,
Cauley, , Mallard, Peters, Wassermann .
13. Request by County Attorney for variance to Comp Time Policy.
Item 13.pdf
Approved as submitted.
Motion: Approve, Moved by County Judge Duane Peters, Seconded by Commissioner
Sammy Catalena. Passed. 5 -0. Members voting Aye: Catalena, Cauley, , Mallard,
Peters, Wassermann .
14. Approval of the following committee members to evaluate proposals for medical
insurance:
Item 14.pdf
Vol. I (05 Pg._�e,e
• a. Jennifer Salizar - Human Resources Director
• b. Bill Jeanes - Risk Manager
• c. Kenny Mallard - Commissioner Pct. 3
• e. Bill Ballard - County Attorney's Office (non- voting)
• f. Charles Wendt - Purchasing Agent (non- voting)
Approved as submitted. Let the minutes reflect that there is no item "d" in the list of
committee members.
Motion: Approve, Moved by Commissioner Irma Cauley, Seconded by County Judge
Duane Peters. Passed. 5 -0. Members voting Aye: Catalena , Cauley , Mallard , Peters ,
Wassermann.
15. Consider and take action on proposed Customer Agreement Amendment for eFiling
services.
LID Item 15.pdf
Accepted as submitted. The Amendment to the Agreement addresses new fees and
new terms and conditions. A copy is attached.
Motion: Approve, Moved by Commissioner Sammy Catalena, Seconded by
Commissioner Lloyd Wassermann. Passed. 5 -0. Members voting Aye: Catalena,
Cauley, Mallard, Peters, Wassermann .
16. Consider and take action on the FY14/14 State Case Registry and Local Customer
Service Contract through the Texas Attorrney General's Office.
Item 16.)d
Approved as submitted. Let the minutes reflect that the contract is for Fiscal year 2012
thru 2014 rather than Fiscal Year 14/14.
Motion: Approve, Moved by Commissioner Irma Cauley, Seconded by County Judge
Duane Peters. Passed. 5 -0. Members voting Aye: Catalena, Cauley, Mallard , Peters,
Wassermann .
17. Contract with 4M Youth Services, Inc., Rockdale Regional Juvenile Justice Center, for
secure long -term juvenile offender residential services.
Item 17.pdf
Compensation is as follows:
$98 per day /per child for Moderate Level of Care
$140 per day /per child for Specialized Level of Care
$225 per day /per child for Intensive Level of Care
A copy is attached.
Motion: Approve, Moved by Commissioner Lloyd Wassermann, Seconded by
Commissioner Irma Cauley. Passed. 5 -0. Members voting Aye: Catalena, Cauley,
Mallard , Peters, Wassermann .
18. Request from Vess Oil Corporation to construct an 80' road bore for placement of a low
pressure gas pipeline in the right of way of Sand Creek Road. Company check in the
amount of $500.00 accompanies this request. Site is located in Precinct 2.
ED Item 18.pdf
Approved as submitted.
Vol. 1 (05 pg.
Motion: Approve, Moved by Commissioner Sammy Catalena, Seconded by
Commissioner LLoyd Wassermann. Passed. 5 -0. Members voting Aye: Catalena,
Cauley, Mallard , Peters, Wassermann .
19. Consider and take action on acceptance of the road construction and other
improvements of Field Creek Estates Phase 2 as specified in the Brazos County
Subdivision and Development Regulations, Article IX.0 and Article IX.D (pertaining to
Enforcement and Extension when good cause exists); Developer agrees to comply with
the County's request to apply corrective seal coat overlay to the roadway(s) by October
15, 2012 prior to beginning of the developer's 2 -year maintenance agreement period.
Site is located in Precinct 2.
ID Item 19.pdf
Approved as submitted.
Motion: Approve, Moved by Commissioner Sammy Catalena, Seconded by
Commissioner Irma Cauley. Passed. 5 -0. Members voting Aye: Catalena, Cauley,
Mallard , Peters, Wassermann .
20. Request from Weber Energy for placement of a temporary 10" aluminum water line in the
right of way of Wilcox Lane. Site is located in Precinct 2.
Item 20.odf
Approved as submitted.
Motion: Approve, Moved by Commissioner Sammy Catalena, Seconded by
Commissioner LLoyd Wassermann. Passed. 5 -0. Members voting Aye: Catalena,
Cauley, Mallard, Peters, Wassermann .
21. Budget Amendments.
Budget Amendments FY 11/12 42.1 thru 42.4
Item 21.4df
42.1 Reallocate funds for Juvenile Services and Juvenile Academy
42.2 Reallocate funds for Juvenile Services and Juvenile Detention
42.3 Transfer funds from General Fund Contingency to 272nd District Court
42.4 Transfer funds from Forfeiture - Constable Precinct 3 to Constable Precinct 3
Approved with the exception of Amendment 42.3
Motion: Approve, Moved by Commissioner Irma Cauley, Seconded by County Judge
Duane Peters. Passed. 5 -0. Members voting Aye: Catalena, Cauley, Mallard , Peters,
Wassermann.
22. Personnel Change of Status.
Personnel Action Forms
Item 22.pdf
A copy of the personnel Change of Status Requests is attached.
Motion: Approve, Moved by Commissioner Irma Cauley, Seconded by Commissioner
LLoyd Wassermann. Passed. 5 -0. Members voting Aye: Catalena, Cauley, Mallard,
Peters, Wassermann .
23. Payment of Claims.
Vol. 16-5 Pg• 81
Claims Sheet.pdf
BILL LIST 08.14.12.pdf
7100975 through 7101195
Motion: Approve, Moved by Commissioner Sammy Catalena, Seconded by
Commissioner LLoyd Wassermann. Passed. 5 -0. Members voting Aye: Catalena ,
Cauley, , Mallard , Peters, Wassermann .
24. Acknowledgement of the Brazos County Purchasing Department Update for August 3 -
9, 2012
0.1tem 24.pdf
The Court acknowledged receipt of the Purchasing Department Weekly Update.
25. Acknowledgement of Quarter Ending 6/30/12 Investment Report
Item 25.pdf
Court acknowledged receipt of and ordered filed as submitted the Treasurer's Quarter
Ending June 30, 2012 Investment Report. A copy is attached and made a part of these
minutes.
26. Sheriff's report on inmate population.
Sheriff Chris Kirk stated there were 549 inmates in jail, 40 have electronic monitors
and 22 are pending for monitors.
The Sheriff proceeded to thank Commissioner Wassermann for his comments about
Constable Precinct 1 Brian Bachmann who was killed in the line of duty on Monday,
August 13, 2012. The Sheriff stated that a Sheriff's Deputy escorted Constable
Bachmann's body to Austin for autopsy. The Deputy stayed with the body through the
night and is escorting it back now.
27. Announcement of interest items and possible future agenda topics.
Commissioner Wassermann said he would like some input from the Volunteer Fire
Departments and Emergency Management personnel on a burn ban. He thinks it should
be an item on the next agenda.
28. Call for Citizen input and /or concerns.
Justice of the Peace Precinct 1 Mike McCleary thanked the county for the outpouring of
love for Constable Bachmann. He asked the court to consider appointing Jeff Reeves or
a Deputy Constable to fill the vacancy.
29. Adjourn.
Vol. 1 (0�5 pg. 9--
The foregoing minutes of the Commissioners Court meeting held August 14, 2012 have
been examined and are approved in open Court this A day of
r , 2012, in Bryan, Brazos County, Texas.
Duane Peters
County Judge
Y C Lena
ommiss' ner, Precinct 2
Commissioner,
Attest:
LO meffm
11
r
Vol 1(0-
4
Page / 0
Lloyd Wissermann
Commissioner, Precinct 1
Kenny Mallard
Commissioner, Precinct 3
BRAZOS COUNTY COMMISSIONERS COURT
MEETING ON / 2012 AT
! Name (PLEASE PRINT)
Organ ization/Department
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Vol. (q Pg. It
BRAZOS COU N COMMISSIONERS COURT
MEETING ON 2012 AT
Name (PLEASE PRINT)
Organization /Department
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ORDER APPROVING AND AUTHORIZING PUBLICATION OF NOTICE OF
INTENTION TO ISSUE CERTIFICATES OF OBLIGATION AND OTHER
MATTERS RELATED THERETO
WHEREAS, the Commissioners Court (the "Court") of Brazos County, Texas (the "County"),
finds that the design, planning, acquisition, construction, equipping, expansion, and/or renovation of the
public property and payment of fees for professional services described in Exhibit "A" hereto would be
beneficial to the inhabitants of the County, and such property is needed to perform essential governmental
functions, and the Court has determined that certificates of obligation (the "Certificates ") should be issued
pursuant to the provisions of the Certificate of Obligation Act of 1971, Section 271.041 et seq., Texas
Local Government Code (the "Act'), for such purposes;
WHEREAS, prior to the issuance of the Certificates, the Court is required under the Act to
publish notice of its intention to issue the Certificates in a newspaper of general circulation in the County,
the. notice stating (i) the time and place the Court tentatively proposes to pass the order authorizing the
issuance of the Certificates (the "Order "), (ii) the maximum amount of Certificates proposed to be issued,
(iii) the purposes for which the Certificates are to be issued, and (iv) the manner in which the Court
proposes to pay the Certificates;
NOW, THEREFORE, BE IT ORDERED BY THE COMMISSIONERS COURT OF BRAZOS
COUNTY, TEXAS, THAT:
Section 1. The form and substance of the form of NOTICE OF INTENTION TO ISSUE
CERTIFICATES OF OBLIGATION, which is attached hereto as Exhibit "A ", is hereby adopted and
approved.
Section 2. The County Judge or the County Clerk shall cause the notice to be published, in
substantially the form attached hereto, in a newspaper, as defined in Section 2051.044, Texas Government
Code, as amended, of general circulation in the County for two consecutive weeks, the date of first
publication to be at least 30 days prior to the date tentatively set for approval of the Order.
Section 3. Both the County Judge and the County Clerk are hereby authorized and directed to
execute the certificate to which this Order is attached on behalf of the Court and to do all things proper
and necessary to carry out the intent thereof.
Vol. _.___�= — Pg.— .
EXHIBIT A
NOTICE OF INTENTION TO ISSUE CERTIFICATES OF OBLIGATION
NOTICE is hereby given that it is the intention of the Commissioners Court of Brazos County,
Texas (the "County"), to issue interest - bearing Certificates of Obligation of the County to be designated
and known as the "BRAZOS COUNTY, TEXAS CERTIFICATES OF OBLIGATION, SERIES 2012
(the "Certificates ") for the purpose of providing for the payment of contractual obligations to be incurred
in connection with the design, planning, acquisition, construction, equipping, expansion, improvement,
and/or renovation of the Courthouse, Tax Office building, the Brazos Center , the juvenile detention
center, and the Fleet Maintenance Building; and the payment of contractual obligations for professional
services in connection with such projects (including, but not limited to, financial advisory, legal,
architectural, and engineering). The Commissioners Court tentatively proposes to authorize the issuance
of the Certificates at its regular meeting place in the Commissioners Courtroom, Brazos County
Administration Building, 200 South Texas Avenue, Suite 332, Bryan, Texas, at a Regular Meeting of the
Commissioners Court to be commenced at 9:00 a.m., on the 11th day of September, 2012, in an amount
not to exceed $10,000,000. The Commissioners Court presently proposes to provide for payment of the
Certificates by the pledge of an annual ad valorem tax levied upon all taxable property within the County,
within the limits prescribed by law, and by a pledge of $1,000 of certain of the revenues received by the
County from the operation of the Brazos Center. The Certificates are to be issued, and this notice is
given, pursuant to Section 271.041, et seq., Texas Local Government Code.
/s/ Duane Peters
County Judge, Brazos County, Texas
ATTEST:
/s/ Karen McOueen
County Clerk, Brazos County, Texas
(COMMISSIONERS COURT SEAL)
VOL- 165 A-1
CERTIFICATE FOR ORDER
"= _We, the undersigned County Judge and County Clerk of Brazos County, Texas. (the "County")
hereby certify as follows:
1. The Commissioners Court of the County (the "Commissioners Court") convened in regular
session, open to the public, on August 14, 2012, at the meeting place designated in the notice (the
"Meeting "), and the roll was called of the members, to wit:
Duane Peters, County Judge
Lloyd Wassermann, Commissioner, Pct. 1
Sammy.Catalena, Commissioner, Pct. 2
Kenny Mallard, Commissioner, Pct. 3
Irma Cauley, Commissioner, Pct. 4
All members of the Commissioners Court were present,. except .
kano Haflar-d-
thus constituting a quorum. Whereupon among. other business, the following nsacted at the
Meeting: a written
ORDER APPROVING AND AUTHORIZING PUBLICATION OF NOTICE OF
INTENTION TO ISSUE CERTIFICATES OF OBLIGATION AND OTHER
MATTERS RELATED THERETO
(the "Order "), was duly introduced for the consideration of the Commissioners Court. It was then duly
moved and seconded that the Order be finally passed and adopted; and after due discussion, such motion,
carrying with it the adoption of the Order prevailed and carried by the following voter
YES: —Z NOES: ABSTENTIONS:
2. A true, full, and correct copy of the Order adopted 'at the Meeting is attached to and follows
this .Certificate; the Order has been duly recorded in Commissioners Court's minutes of the Meeting;
the above and foregoing paragraph is a true, full, and correct excerpt from 'the Commissioners Court's
minutes of the Meeting pertaining to the adoption of the Order; the persons named in the above, and
foregoing paragraph are duly chosen, qualified, and. acting officers and members of the Council as
indicated therein; each of the officers and members of the Commissioners Court was duly and sufficiently
notified officially and personally, in advance, of the time, place, and purpose of the Meeting, and that the
Order would be introduced and considered for adoption at the Meeting and each of such officers and
members consented, in advance, to the holding of the Meeting for such purpose; and the Meeting was,
open to the public, and public notice of the time, place, and purpose of the Meeting was given, all as
required by Chapter 551, Texas Government Code, as amended.
3. Karen McQueen is the duly elected and acting County Clerk of the County.
SIGNED AND SEALED this August 14, 2012.
Karen - McQueen, _ Duane Peters
County,'Clerk,.BrazoCC6unty, Texas County Judge, Brazos County, Texas
(COMMISSIO / NE / RS COURT SEAL)
f �'..'° -•— Vol.. ' JC fig•
RESOLUTION DECLARING INTENTION TO REIMBURSE CERTAIN EXPENDITURES
WITH BORROWING PROCEEDS
WHEREAS, Brazos County, Texas (the "Issuer ") desires to pay capital expenditures in
connection with the design, planning, acquisition, construction, and/or renovating of facilities described in
Exhibit A hereto (the "Project ");
WHEREAS, Chapter 1201, Texas Government Code, as amended ( "Chapter 1201 "), permits the
Issuer to use the proceeds of obligations to reimburse the Issuer for costs attributable to the Project paid or
incurred before the date of issuance of the obligations for the purpose of financing public works projects,
which include the Project; and
WHEREAS, the Issuer finds, considers, and declares that the reimbursement of the Issuer for the
payment of such capital expenditures will be appropriate and consistent with the objectives of the Issuer's
programs and, as such, chooses to declare its intention, in accordance with the provisions of Section
1.150 -2 of the Treasury Regulations, to reimburse itself for such payments at such time as it issues
obligations to finance the Project.
NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSIONERS COURT OF BRAZOS
COUNTY, TEXAS THAT:
Section 1. This Resolution declares the intention of the Issuer to reimburse the expenditures for
the Project with the proceeds of a borrowing. The Issuer presently intends to reimburse the expenditure
by incurring debt the interest on which is excludable from gross income under section 103 of the Internal
Revenue Code of 1986, as amended.
Section 2. The Issuer reasonably expects to incur debt with an aggregate maximum principal
amount now estimated to not exceed $10,000,000 for the purpose of paying the costs of the Project. A
portion of the proceeds received by the Issuer from such borrowing are reasonably expected to be used to
reimburse the General Fund, from which such capital expenditures are expected to be made for the
Project, in an amount not to exceed $10,000,000.
Section 3. The Issuer intends that this Resolution satisfy the official intent requirement set forth in
Section l .150 -2 of the Treasury Regulations and evidences its intentions under Chapter 1201. The Issuer
has no funds or sources of funds, other than the proceeds of the debt to be incurred, which the Issuer has,
or reasonably expects to be, reserved, allocated on a long -term basis, or otherwise set aside in the issuer's
budget or other financial policies with respect to the expenditures to be reimbursed.
Section 4. All costs to be reimbursed pursuant hereto will be original expenditures within the
meaning of Section 1.150 -2 of the Treasury Regulations. None of the expenditures to be reimbursed
pursuant to this Resolution have been allocated to expenditures entered on the books and records of the
Issuer earlier than the date on which such expenditures are paid. Moreover, no debt obligations will be
issued by the Issuer in furtherance of this Resolution after a date which is later than 18 months after the
later of (1) the date the expenditures are paid or (2) the date on which the property, with respect to which
such expenditures were made, is placed in service.
Section 5. The Issuer declares that this Resolution will be maintained as a public record available
for inspection by all persons in accordance with the provisions of Chapter 552, Texas Government Code
and that no later than 30 days after this date, this Resolution will be made available for inspection by all
members of the general public at the offices of the Issuer.
Section 6. This Resolution shall be liberally construed to evidence the intent of the Issuer to
comply with state and federal income tax law in the issuance of tax exempt obligations for the Project.
Vol. 1 (5 p6l_ I � - __
EXHIBIT A
PROJECT DESCRIPTION
Providing for the payment of contractual obligations to be incurred in connection with the design,
planning, acquisition, construction, equipping, expansion, repair, renovation, and /or rehabilitation of
certain County-owned public property, specifically being: (1) the Courthouse; (2) Tax Office Building;
(3) the Brazos Center; (4) the Juvenile Detention Center; (5) the Fleet Maintenance Building; and (6)
payment of contractual obligations for professional services in connection therewith (to wit:, architectural,
engineering, financial advisory, and legal).
A -1
Vol
CERTIFICATE FOR RESOLUTION
We, the undersigned County Judge and County Clerk of Brazos County, Texas (the "County"),
hereby certify as follows:
1. The Commissioners Court of the County (the "Commissioners Court") convened in regular
session, open to the public, on August 14, 2012, at the meeting place designated in the notice (the
"Meeting "), and the roll was called of the members, to wit:
Duane Peters, County Judge
Lloyd Wassermann, Commissioner, Pct. 1
Sammy Catalena, Commissioner, Pct. 2
Kenny Mallard, Commissioner, Pct. 3
Irma Cauley, Commissioner, Pct. 4
All members of the Commissioners Court were present, except ,
thus constituting a. quorum. Whereupon among other business, the followin as transacted at the
Meeting: a written
RESOLUTION DECLARING INTENTION TO REIMBURSE CERTAIN
EXPENDITURES WITH BORROWING PROCEEDS
(the "Resolution ") was duly introduced for the consideration of the Commissioners Court. It was then
duly moved and seconded that the Resolution be finally passed and adopted; and after due discussion,
such motion, carrying with it the adoption of the Resolution prevailed and carried by the following vote:
YES: V NOES: ABSTENTIONS:
2. A true, full, and correct copy of the Resolution adopted at the Meeting is attached to and
follows this Certificate; the Resolution has been duly recorded in the Commissioners Court's minutes of
the Meeting; the above and foregoing paragraph is a true, full, and correct excerpt from the
Commissioners Court's minutes of the Meeting pertaining to the adoption of the Resolution; the persons
named in the above and foregoing paragraph are duly chosen, qualified, and acting officers and members
of the Commissioners Court as indicated therein; each of the officers and members of the Commissioners
Court was duly and sufficiently notified officially and personally, in advance, of the time, place, and
purpose of the Meeting, and that the Resolution would be introduced and considered for adoption at the
Meeting and each of such officers and members consented, in advance, to the holding of the Meeting for
such purpose; and the Meeting was open to the public, and public notice of the time, place, and purpose of
the Meeting was given, all as required by Chapter 551, Texas Government Code, as amended.
3. Karen McQueen is the duly elected and acting County Clerk of the County.
SIGNED AND SEALED this _S11411 -
9, �W ,9 , A ( I /I f
Karen McQueen
County Clerk, Brazos County, Texas
(COMMISSIONERS COURT SEAL)
Q -
Duane Peters
County Judge, Brazos County, Texas
Vol. (0 5 Pg . 1 F
RESOLUTION PROVIDING FOR THE PUBLIC SALE
OF PROPERTY ACQUIRED BY THE COUNTY OF BRAZOS
FROM DELINQUENT TAXES
WHEREAS, the following properties in Brazos County were offered for sale by the Sheriff of Brazos County,
Texas at a public auction pursuant to a judgment of foreclosure for delinquent taxes by the District Court; and
WHEREAS, those parcels of land did not receive a sufficient bid as set by law and were struck off to the County of
Brazos, for the use and benefit of itself and the taxing units for which it collects property taxes, pursuant to TEX. PROP.
T CODE § 34.010); and
WHEREAS, TEX. PROP. TAx CODE § 34.05 (c) and (d) provide that we may request that the Sheriff sell the
property at a public sale for any sufficient bid.
Cause No. 09- 001756 -CV -272 Lot 44, Block 7, Bryan's First Addition AKA Lot 44, Block 7, Hall's Addition,
Account No. R92335 City of Bryan, Brazos County, Texas being that property more particularly
described in Volume 1355, Page 207 of the Official Public Records, Brazos
County, Texas; Original Sale Date September 6, 2011
Cause No. 09- 001756 -CV -272 Lots 46, 47, 53 and 54 and Part of 15th Street ROW, Block 7, Bryan's First
Account No. R20326 Addition, AKA 46, 47, 53 and 54, and Part of 15th Street ROW, Block 7, Hall's
Addition, City of Bryan, Brazos County, Texas being that property more
particularly described in Volume 1355, Page 207, Volume 1321, Page 315 and
Volume 2540, Page 237 of the Official Public Records, Brazos County, Texas;
Original Sale Date September 6, 2011
THEREFORE, BE IT HEREBY RESOLVED by the Commissioner's Court of the County of Brazos, Texas that the
County of Brazos, Texas hereby directs the Sheriff of Brazos County, Texas to conduct a sale on the first Tuesday in
October, 2012 in the manner prescribed by the Texas Rules of Civil Procedure and TEX. PROP. TAx CODE §34.05 (c) and
(d).
PASSE O AND ADOPTED this the a day of August, 2012.
County Judge - Duane Peters
Precinct 1„Llovd Wassermann
2 - Sammy Catalena
Vol 1 s Pg. 9
AW 14
Prescribed by Secretary of State
Sections 3.004, 3.006, 85.004, Texas Election Code
3/07
ORDER OF GENERAL ELECTION
(ORDENDE ELECCION GENERAL)
An election is hereby ordered to be held on November 6, 2012, in Brazos County, Texas
for the purpose of electing the following county and precinct officers as required by
Article XVI, Section 65 of the Texas .Constitution.
(Por la presente se ordena que se lleve a cabo una elecci6n el dia 6 de Noviembre de 2012, em el Condado
de Brazos, Texas con el prop6sito. de elegir_los siguientes oficiales del .condado y del precinto como
requerido por el Articulo XYI, Secci6n 65, :de la Constituci6n de Texas.)
List of Offices
(Entimere los puestos oficiales)
• State Representative; District 12
(Representante Estatal, Distrito Ntim. 12)
• State Representative, District 14
(Representante Estatal, Distrito Nom. 14)
• Chief Justice, TO Court of Appeals District
(Juez Presidente, Corte de Apelaciones Distrito Nrim. 10)
• District Judge, 272 Judicial District
(Juez.del Distrito, Distrito Judicial Nom. 272)
• District Attorney,.85 Judicial District
(Fiscal del Distrito, Distrito Judicial Num. 85)
• County Attorney
(Procurador del-Condado)
• County Sheriff
(Sheriff del Condado)
• County Tax Assessor - Collector
(Asesor- Colector de Impuestos del Condado)
• County Commissioner, Precinct No. 1
(Comisionado del Condado,.Precinto Ntim.l)
• County Commissioner; Precinct No.. 3
(Comisionado del Condado, Precinto Min: :3)
• County Chairman.
(Presidente. del Condado)
Vol. �__� oq 0 a _.
Early voting by personal appearance will be conducted at:
(La votacidn adelantada en persona se llevard a cada dia.)
• Brazos County Administration Building — 200 S. Texas Ave, Bryan, Texas
• Arena Hall — Tabor Road & N. Earl Rudder Frwy., Bryan, Texas
• Galilee Baptist Church' = 804 N. Logan, Bryan, Texas
s College Station Utilities Meeting & Training Facility — 1603 Graham Road, College Station
Memorial Student Center (MSC) —Texas A &M University, College Station, Texas
October 22, 2012— November 2, 2012
(e1.22 de octubre de 2012— e1.31 de noviembre de 2012)
Applications fora ballot by mail shall be mailed to:
(Las,solicitudes paro boletus que se votariW adelantada por correo deberen, enviarse a:)
Karen McQueen, County Clerk
300'E. 26 St., Ste. 120
Bryan, Texas 77806 -0111
Applications for ballots by mail-must be received no later than the close of business on:
(Las; solicitudes para boletus que se votarbn adelantada .por correo deberAn recibirse para elfin de las
horas de negocio el.)
October 30, 2012 (el 30 de octubre de.2012)
Issued this.the day of August, 2012.
rL
(Emitado este dia de, augusto. de 2012)
Duane Peters, Brazos County Judge
(Juez del Condado de. Brazos)
Vol.
Brazos County Clerk
Records Management and Archive Plan
I. Background (Statutory History)
The 77` Texas Legislature passed HB 370 in 2001 to allow border county's to assess a
$5.00 Records Management and Preservation Fee for the preservation of older records
filed with the County Clerk. The 78 Legislature passed SB 1731 amending the original
legislation allowing all couniy's to collect this fee with Commissioner's Court approval.
The County Clerk is proposing to collect this fee at this time.
This legislation amends Local Government Code, Section 118.01 (e) to enable the
Commissioner's Court to adopt a Records Archive Fee for the preservation and
automation of previously filed and recorded real property and vital statistics records as.
part of their regularly adopted .annual budget.
II. Bill Summary
• Begins on approval of the County of Brazos 2012 -13 Annual Budget. The fee
must be set and itemized in the county's budget as part of the. budget preparation
process.
• Termination: The 79 Legislature extended this bill indefinitely.
• The $5.00 fee is assessed on any instrument, document, paper or other record that
the County Clerk is authorized to accept for filing or recording (deed or official
public records, assumed names, marriage licenses, civil case filings).
• The fee may be used only to provide funds for specific records management and
preservation, including for automation purposes — in accordance with this
written plan.
• Changes to the plan must be approved by Commissioner's Court. The plan may
be modified as required.
III. Purpose
Some of Brazos County official records have been computerized and automated in
electronic format since the late 1960s. The County Clerk's office is progressive in the
preservation of current records, utilizing the. original Records Management Fee from
1991 forward However, this funding has not been sufficient to electronically preserve
and restore the older documents that have a priceless historical value. In order to preserve
and enhance the integrity of the existing system for recording and preserving public
documents; the County Clerk seeks to preserve existing original records by restoring or
re- creating old volumes, digitizing older microfilm and paper records, re- indexing old
handwritten and typed indexed books and converting all older media into an electronic
format and importing this newly created data into the existing computer system.
Vol. 16-5 P o�. °�
IV. The overall goal:and vision of the County Clerk's office is to:
• Modernize and upgrade old record systems in the office.
• Continue to, add records and information to your existing computer system.
• Eliminate or reduce manual lookups and searches.
• Expedite record searching by.having more. records available for electronic
retrieval.
• Create a complete electronic records back -up for disaster recovery.
• Provide. more public information to the citizens of the County via the
Intradriterinet.
• Continue to eliminate the need for paper records.
• Preserving original records by reducing daily usage:
• Reclaiming. much needed space in the public records area.
V. Annual Revenue Estimate
Official Real Property Records 31,000 /annually
Marriage Records 1 /annually
Civil/Criminal Filings 400 /annually
Total 32,900 Filings Annually X $ 5.00 = $ 164,500.00;
V1. Restoration, Preservation and Automation Projects
Real Property Records: Projects include computerized.re- indexing and converting all
real property records to electronic images and importing new records to the existing real
property computer system.
Phase 1:
Electronic conversion of 1999 to 1967 existing microfilm to images, matching to the
existing grantor /grantee index and importing to the computer and internet:
Approx 674,000 Instruments filed 1967 to 1999
Estimated $ 370,700
Phase 2:
Back conversion of 1966 to Volume A of Deed Records existing microfilm to
electronic images and loading to computer by Book, Volume and Page.
Approximately 1,167,000. images from 1966 to Volume A. Estimated $ 167,000
Re- indexing real property records from 1966 back to Volume A using the electronic
images of the original record books:
Data entry/conversion of aprox 355,000 instruments. Estimated $ 608,000
Vol. pi o�
Phase 3:
Maps and Plats
Conversion /scanning and reindexing of all maps /plats and importing to existing computer
system.
Approximately 4,000 maps and plats Estimated $60,000
Phase 4:
Commissioner's Court Records
Electronic conversion and reindexing of all existing Commissioner's Court minutes and
importing this data to existing computer system in a searchable format.
Approximately 190,000 pages and 120,000 index entries Estimated $ 128,000
VIII. Length of Projects
It is estimated that these projects will take approximately 4 to 5 years to complete and
implement. Some projects may be considered as on -going and paid monthly as revenue is
collected.
Summary
The Legislature has provided a means to raise revenue for the records management
and preservation of older county property and vital records. This "user" fee is an
alternative to raising taxes or spending general fund monies to accomplish these
important projects. This plan will be implemented in "phases" as money is accrued
and deposited into a special revenue account. The completion of the initial phases
will preserve the original records, provide more space in the public records area,
and continue to modernize the Clerk's office through available technology.
AP
Duane Peters Date
County Judge
Vol. I ( O 5 pg. � 7
Plan For Preservation and Restoration
Of Archived Records
Presented By
Marc Hamlin
Brazos County District Clerk
Updated August 9.. 2012.
O D
X114112-
Duane Peters Date
County Judge
Vol. l (P G ]P&
Executive Summary
S8 1685 provides for a fee not to exceed $5.00 to be imposed for filing of a suit,
including an appeal from an inferior court, or a cross - action, counterclaim, intervention,
contempt action, motion for new trial, or third -party petition, in a district court in the county.
The District Clerk's Office wants to take advantage of new legislation that is designed to
preserve archived records by adding an archive fee to each filing of a suit. This fee is to be
dedicated to that task. The majority of the permanent records in the District Clerk's Office are
paper based. These records are used by our office for the public and are vulnerable to loss by
wear and tear.
The purpose of this document is to define the restoration and preservation, digital
capture, stage, retention and management of archive records belonging to the District Clerk.
This Preservation and Restoration Records Plan in intended to be a "Living Document ". It will be
updated as a new products and procedure evolve. It is the intent of the District Clerk to follow
guidelines set by the Texas State Library and Archives Commission.
Goal
The Goal is to capture and archive all cases prior to January 1, 1990, regardless of media
type they currently are in, as efficiently as possible. The District Clerk's Office is also looking at
restoring records, suspending or reducing deterioration of public records, improving the public
access to the documents in a manner that reduces the risk of deterioration.
Scope
The Scope of this document includes the following:
• All District Clerk records filed with the District Clerk before January 1, 1990
• Plans to capture records electronically to improve public access.
• Plans to restore and preserve records with significant historical value.
• Future plans are to improve public and governmental access.
This document addresses the restoration and preservation needs of the District Clerk
Records Archive. No other departments addressed.
The effective date of this action is September 1, 2009, and expires September 1, 2014
Vol. 1(0 �5 fi a(p
Inventory
Currently the District Clerk's Office holds over 100 record books which includes indexes
for Civil Cases, Divorces, Adoptions, Grand Jury Records, Felonies and Misdemeanors. The
District Clerk's Office also has approximately 80 boxes of historical cases many with historical
significance. The cases include Civil, Divorce, Adoptions, and Felonies.
Current Accessing Methods
Records prior to January 1, 1990 are accessed by the public through a request to our
office due to the cases not being imaged. Our office currently has to find the Index for the
records we are seeing to obtain the cause numbers before we can physically pull the file to
obtain copies for the public. These records are kept in our storage facility at 200 S. Texas Ave,
Bryan, Texas 77803
Restoration and Preservation Plan
Fiscal Year 2012 -2013
It is the plan of the District Clerk's Office to scan an portion of the paper documents in
house, lease an additional scanner, and fund temporary full or part time employees to capture
all records filed in the District Clerk's Office prior to January 1, 1990. These images will be
integrated into the existing District Clerk records and retrieval systems and enhance the public's
access to public records.
The District Clerk plans to award bid to an outside vendor to restore and preserve all
records with significant historical value. The restoration process will ensure the legibility of
these public documents for future generations.
Revenue collected and not expended in the fiscal year will be carried forward and used
on other archive projects.
Projected Revenue
The County Auditor estimates the revenue this will bring in approximately $7,000.00 per
year.
Vol. /(,05 Pg. °Z7
.I:
Brazos County
Purchasing Department
200 S. TX. AVE., SUITE 352 BRYAN, TX.77803
PHONE (979) 3614290 FAX (979) 3614293 .
TO: County Commissioners
FROM: Charles Wendt,' Purchasing Agent
DATE: August 8, 2012
SUBJECT: Committee Approval for RFP 2011-,46 Employee Medical Insurance
Purchasing has prepared a Request for Proposal for Employee Medical Insurance. This
solicitation will require, a committee to choose the best proposal to be awarded by Brazos
County. We are requesting approval of the committee consisting of the ladies and gentlemen
listed below.
Jennifer Salazar
Bill Jeanes
Kenny Mallard
Bill Ballard (Non- Voting Member)
Charles Wendt (Non- Voting Member)
APPROVAL SIGNATURE:
Duane Peters, ounty Judge
DATE APPROVED:
/4/1
r
Vol. ' Pg. °�
AMENDMENT 1 TO THE CUSTOMER AGREEMENT
BETWEEN
THE STATE OF TEXAS, ACTING BY AND TIIROUG1I TI1E
TEXAS DEPARTMENT OF INFORMATION RESOURCES
AND,
TEXAS NICUSA, LLC
AND
BRAZOS COUNTY
Purpose: The purpose of this amendment is to edit the Customer Agreement.
Whereas, effective January 1, 2010, the Texas Department of Information Resources (DI R), Brazos
County (Customer), and Texas NICUSA, LLC (Vendor) entered into a Customer Agreement to
provide Texas.gov services.
BACKGROUND
The Office of Court Administration (OCA), the Texas Supreme Court, and the Judicial Committee
on Information Technology (JCIT), have jointly extended eFiling service through Texas.gov, for up
to 18 months, to February, 2014, to accommodate OCA procurement of a new eFiling provider and
transition to the new solution.
AUTHORITY
This amendment is coterminous with the Texas Supreme Court Customer Agreement for the eFiling
service.
EFFECTIVE DATE
This amendment is effective as of September l., 2012.
For good and valuable consideration, the receipt and sufficiency of which is hereby mutually
acknowledged, the Parties do hereby amend the Customer Agreement as follows, all other terms and
conditions remain the same.
1. Edit Customer Agreement:
1.1. Customer Agreement— Standard Terms and Conditions, delete Section 10 in its entirety and
replace with the following:
10. Termination
10.1 The Customer Agreement is effective on September 1, 2012 and expires no later than
the earlier of February 23, 2014 or the termination or expiration of either the TexasOnline 2.0
Master Agreement or the Texas Supreme Court eFiling Customer Agreement, unless this
Customer Agreement is earlier ternminated as set forth below or extended in accordance with
Section 104 below.
10.2 In the event that any Party fails to carry out or comply with any of the material terms
and conditions of the Customer Agreement, another Party may notify the breaching Party of
Brazos Counn
DIR Contract No. LAIR- SDD -IC38
Page 1
September 1, 1 012
Amendment 1
VOL )(05 p ��
such failure or default in writing and demand that the failure or default be remedied within
thirty (30) days. In the event that the breaching Party fails to remedy such failure or default
within thirty (30) days of receiving written notice, each other Party will have the right to
cancel the Customer Agreement upon thirty (30) days written notice. Notwithstanding the
foregoing, Customer will not have the right to cancel the Customer Agreement if Vendor's
failure or inability to comply with the terms and conditions of the Customer Agreement is
caused by or arises From, in whole or in part, the refusal or inability, for whatever reason, of
Customer to provide the support and assistance that Vendor requires from Customer to
perform its obligations under the Customer Agreement, and which Customer previously
agreed to provide to Vendor. If Customer does not provide Vendor with the requisite level or
amount of support, for whatever reason, Vendor will, upon receipt of DIR approval, be
entitled, but not obligated, to suspend or cancel any further work on the particular service or
product or Application for which adequate support is not available, and focus its efforts on
other services, products or Applications.
10.3 Except as otherwise provided in the Texas Online 2.0 Master Agreement or as
provided below, DIR and Vendor may terminate the Customer Agreement without cause and
without cost or penalty no earlier than August 31, 2013 and with 90 -day prior written notice.
10.4 Upon written amendment signed by all Parties, Customer and Vendor may elect to
continue Vendor's services under the Customer Agreement, notwithstanding the expiration
or tennination of the TexasOnline 2.0 Master Agreement.
10.5 Except as otherwise provided in the Texas Online 2.0 Master Agreement or as
provided below, Customer may terminate the Customer Agreement without cause and
without cost or penalty no earlier than August 31, 2013 and with 45 -day prior written notice.
10.6 Unless otherwise provided in Exhibit A herein, pursuant to the provisions of
TexasOnline 2.0 Master Agreement and with respect to services that are not funded through
Transaction Fees and Premium Subscription Fees, the Customer will pay any unrecovered
costs associated with Vendor providing service to them through Texas.gov, if the Customer
terminates the Customer Agreement for convenience or lack of funding prior to August 31,
2013 and before those costs are fully recovered. Such unrecovered costs will be calculated in
accordance with Exhibit B Terms and Conditions, Section 11.03(d) Tennination fee of the
Master Agreement.
10.7 DIR may terminate this Customer Agreement following the determination by a
competent _judicial or quasi-judicial authority and Vendor's exhaustion of all legal remedies
that Vendor, its employees, agents or Subcontractors have either offered or given anything of
value to an officer or employee of Customer or the State of Texas in violation of State law.
2. Replace Exhibit Ain its entirety with the attached Exhibit A to apply the following changes:
2-1. Edit Fee Schedule — Section 1. Electronic Filing Manager (EFM) Application, as follows:
2.1.1. Update Texas.gov Filing Fee
Drazos (._otttlty
DIR Contract No. DIR- SDD -IC387
Page 2
September 1, 2012
Aniendmew 1
Vol. 1 (D-5 Pg. 3
2,1.2. Update payment teens
3. Add Exhibit B in its entirety with the attached Exhibit B
AGREED AND ACCEPTED:
Vendor: Texas De a t it of Information Resources:
B — y:, Q 0 1 -- , -
. . . ........ . ........ . ....... . . ............... . .... By: 61=
Print Name: Erin Hutchins
Print Name: Carl D. Marsh
Title: Director of Portal Operations
Date:
Title: Chief Operating, Officer
Date:
Legal:
Cust ier.
By:
Print Name:
Date:
Phone:
Email:
Brazos counn, pug'! 3
DIR Contract No, DIR-SDD-IC387
Sevember 1, 2012
Amendmen" I
Vol. 165 p 3 )
Exhibit A: Amendment I
Customer: Brazos County
List of Application(s) Supported Under this Customer Agreement
1. Electronic Filing, Manager (EFM) Application
A. Court Intake Application
B. Court Profile
C. Court Registration
D. Filer Registration
E. Payment Services
I List of Service(s) Provided Under this Customer Agreement I
Electronic Filing Manager (EFINI) Application
• Electronic Payments System Credit Card Authorization Services/Settlement Services
• Electronic Payments Chargeback Services
• Filing Purge Services
• Customer Information Center Services for Government Entity Applications
• Customer Information Center Services for Electronic Payments transaction services
TexasOnline Hosting and Application Service Provider (ASP) Services
• " 1'exasOnline Training
Strategic Outreach
Physical Environment Management
• Network Infrastructure Management
• Hardware Management
• Operating System Administration
Brazos County
DIR Contract No. DIR-SDD-IC387
Page 4
September 1, 2012
Amendment /
— Q
Vol. Pg.— 3
Fee Schedule
I. Flech•onic Filing Manager (EFM) Application
Fee Schedule
I
1. Electronic Filing Manager (F-FM) Application
The fee schedule listed below outlines the Texas.gov Services Fees required from the
Internet user for each completed transaction.
Service Type Texas.gov Service's Fee
Electronic Filing Manager Court hntake • S5.00't Filing Fee
Services • $2.00 Custo F ee
Credit Card Payment Processing 2.25% of all fees collected — Credit Card
Payment Processing Fee
(not applicable to Ind igent Filing)
• Vendor will be paid a Texas.gov Filing Fee plus the Credit Card Payment Process' Ili!!!
indicated in the above table.
• Vendor will process payment and pay to Customer the Customer Fee identified in ho abo
table along with the statutory filing fees associated to filing cases in I s County as
approved by the Department of information Resources Board. A
• Vendor will pay applicable credit card fees per lice teens of its agrcement(s) with the
payment card companies.
• Vendor is responsible for processing Texas.gov Filing Fee refunds.
• Customer is responsible for processing all Customer Fee refunds.
• Customer is responsible for financial reconciliation of chargebacks and any associated fees.
• Vendor understands and agrees that Vendor may not change the Customer Fee unless the
Vendor receives the express written approval of the Customer and approval by the DIR hoard.
Customer Initials & 6at e Vendor Initials &Date
Brazos County Page S Sepreinbw 1. 1011
DIR Conrracl No. DiR- SDI -1C387 -ln+end+neur I
Vol. I (D S p 3-3
_ I
Fee Schedule
1. E Filing Manager (EFM) Application
Fee Schedule
1. Electronic Filing Manager (EFM) Application
The fee schedule listed below outlines the Texas,gov Services Fees required from the
Inte user for eac completed tra
-_ _._ .. -_ �.._ _ .........�
_....
Serv ice Type Te xas.gov Services Fee
Electronic Filing Manager Court Intake $5.00 Texas.gov Filing Fee
Sen ices $2.00 Customer Fee
Credit Card Payment Processing 2.25% of all fees collected — Credit Card��
Payment Processing Fee
ii
I(not applicable t Indigent Filing)
— _.
• Vendor will be paid a Texas.gov Filing Fee plus the Credit Card Payment Processing Fee as
indicated in the above table.
• Vendor will process payment and pay to Customer the Customer .Fee identified in the above
table along with the statutory filing fees associated to filing cases in Brooks County as
approved by the Department of Information Resources Board.
• Vendor will pay any applicable credit card fees per the terms of its agreements) with the
payment card companies.
• Vendor is responsible for processing Texas.gov Filing Fee refunds.
• Customer is responsible for processing all Customer Fee refunds.
• Customer is responsible for financial reconciliation of chargebacks and any associated fees.
• Vendor understands and agrees that Vendor may not change the Customer Fee unless the
Vendor receives the express written approval of the Customer and approval by the DIR Board.
Customer Initials & Date
Bra -zos County
DIR Contract Rio. D1R -SDD -10387
z
Vendor Initials & Date
Page 3 September 1, 2012
Amendment 1
Vol. / G5 pg. -
Exhibit B: Application and Services Description
The Vendor offers a variety of support services to Customers. The specific list of services and
applications that Vendor has agreed to provide to Customer under this Agreement are set forth in
Exhibit A of the Agreement between the Customer and Vendor.
The following table is a comprehensive list of all services currently offered by Vendor, and
may be amended from time to time by Vendor.
Service
Description
A. Electronic .Payment
Vendor will provide a Payment interface ( "Electronic Payment
Engine Payment
Engine ") that will be hosted at a Vendor web site. The
Interface Services
Customer applications will pass encryj)ted transaction data to
the site using a secured connection. The interface will include: '
• SSL 128bit encryption or greater secure interface to
Electronic Payment Engine
• Pre -load validation of record packet submitted by the
+
Customer application
• Response record packet returned to the Customer
application
If the Customer is hosting the application, they will be
responsible for submitting to Electronic Payment Engine,
i
hosted by Vendor, the required record as specified in the
Texas.gov Payment Engine, Payment Services S ecifications.
_
B. Electronic Payment
. Vendor will provide authorization and settlement
Engine Credit Card
transaction services for credit cards (Visa, MasterCard,
Authorization
Discover, and American Express).
Services /Settlement
• Vendor will receive the encrypted pay request transaction
Services
through a secure (minimum SSL 128bit) interface.
Each incoming transaction will be logged for auditing.
• Pre - authorization validation will be performed against the
payment record, which includes all required information to
process an electronic payment.
• If valid, the transaction will be submitted for approved
credit and process authorization.
• A response record will be returned to the Customer
application containing either authorization data or
denial /error codes.
• An outgoing transaction record will be recorded for
auditing.
• The cutoff for transactions will be 2:00 a.m. ET daily.
0 The processor will transfer all funds to the Customer bank
account. Vend is not responsible for actual fund transfers.
C. Electronic Payment
For Automated Clearing Howse (ACH), Vendor will provide
Engine ACTH Services
the following services:
Vendor will receive the encrypted pay request transaction
Bra_ov County Page 6 September I. 2012
DIR Contract :Vo. DIR- SDD -IC387 Amendment I
Vol. 1 (09 Pg. 35
VOL 1 �0 5 Pg. 3 �e
through a secure (minimum SSL 128 bit) interface.
+ Each incoming transaction will be recorded for auditing.
+ Pre - authorization validation will be performed against the
payment record, to verify that all information required to
process all electronic payment is provided.
• If valid, the transaction will be authorized using current
financial data. Only the ABA routing number is validated.
• A response record will be returned to the C:ustom�r
'
application containing either authorization data or
i
denial /error codes.
• An outgoing transaction record will be recorded for
auditing.
D. Automated USAS
Vendor will prepare a file of online transactions and forward it
Interface
to the Comptroller each banking day. In turn, the file is
provided to the Customer via the Comptroller. The file will be
formatted according to the specification defined in the
Texas. ov Pay ment Engine Specifications.
E. Application for
Vendor will provide an online, secured application for the
Electronic Payment
Customer to access in order to process refunds to Visa,
Engine Refund Services
MasterCard, American Express, and Discover.
for Credit Cards
. Only authorized users will have access to the Refund
application, which will be controlled by login.
• A unique identifier for the transaction that is being '
refunded
will be required to initiate the refund.
• Users will enter the Customer program specific data and the
amount to be refunded.
• The transaction will be submitted to the credit carol
processor for settlement, which will result in funds being
debited from the Customer's accounts and the user's card
being credited with the refund.
» Incoming and outgoing transactions will he recorded for
audit.
• Refund transactions will be included with other authorized
transactions that are sent to the Comptroller each dray as a
batch file. Transfers will only occur on bank business days.
» The Customer will be able to print and save a
record of the
refund transaction.
F. Application for
Vendor will provide an online, secured application for the
Electronic Payment
Engine Refund Services
Customer to access in order to process refunds to ACH'
transactions.
for ACH (non -USAS
» Only authorized users will have access to the Refund
Vendor)
application, which will be controlled by login.
• A unique identifier for the transaction that is being
refunded
will be required to initiate the ref und.
$raso CCn1111 Page 7 September 1. Y1
DIR Contract No. DIR- SDD -IC387
Amendment I
VOL 1 �0 5 Pg. 3 �e
Braaos County _ Page 8 September 1, 2012
DIR Contract No DIR- SDD -IC387 Amendment 1
VOL 1 ( " Pg. 37 -,
• Users will enter the Customer program specific data and the
+
amount to be refunded.
• The transaction will be submitted to the NACH,A network
for settlement, which will result in funds being debited from
the Customer's accounts and the user's bank account being
? credited with the refund.
• Incoming and outgoing transactions will be recorded for
audit.
• Refund transactions will be included with other authorized
transactions that are sent to the Customer each day as a
batch file. Transfers will only occur on bank business days.
'Fhe Customer will be able to print and save a record of the
refund transaction.
G. Hosting Support
Vendor may provide services related to the support of
Services
Texas.gov. These services include, but are not limited to:
• Application hosting
• Architecture development and /or review
• Security services as they relate to the Master Agreement
• System monitoring and administration
1 * Log -in credentialing
• Offsite back -up storage
* Operational maintenance
* Remote management
* SSL certifi services
H. Texas.gov
• Section 2054 271 ofthe Texas Government Code allows for
Authentication Service
Texas.gov to authenticate customers against Customer
databases in lieu of requiring a signed or notarized
document.
• The Texas.gov Authentication Service is a web
service that allows the Customer to collect data
from a user and verify that the data elements
match the Texas.gov Authentication Database.
!
* Vendor provides Texas.gov Authentication
Service
• Customer agrees to use the service solely for the Customer
Application specified in Exhibit A.
1. Helpdesk Services for
Vendor may provide first through third level customer support
Texas.gov Applications
through the Texas.gov 1
Level l Support duties:
• Responding to user phone calls via a published toll free
number
= Responding to user email queries via a published help desk
email address.
* Following established rocedures to answer questions
Braaos County _ Page 8 September 1, 2012
DIR Contract No DIR- SDD -IC387 Amendment 1
VOL 1 ( " Pg. 37 -,
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September 1. 2012
.-Amendment I
• Escalating issues that are not resolved to Level 2 support
• Recording all issues in a tracking system.
Level 2 Support duties:
• Responding to phone calls escalated from Level I support
• Responding to emails escalated from Level I Support
• Following established procedures to answer questions and
issues
• Escalating issues that are not resolved to Level 3 Support
• Recording issue resolution into the tracking system
Level 3 Support duties:
• Responding to issues escalated from Level 2 support
• Conducting a systems analysis to determine cause for issue
• Development of a work around or fix for the issue
3
Vendor may provide Level I and Level 2 support for the
Customer hosted application(s) through the Texas.gov'
Helpdesk. If Helpdesk support is not able to resolve the issue.
the issue will be escalated to the Customer for Level 3'support.
For Texas.bov Hosted applications, Vendor may provide Level
1 through Level 3 support.
A live call center operation will handle user phone calls and
email 24 hours a day, 7 days a week. However, future
alterations to these times and days may occur periodically
throughout the term of this Agreement if Vendor determines
that peak usage of the framework is at times other than those
described above. The call center services are offered in English
and S panish.
J. Change Management
Change Management is a process used to ensure that changes
are introduced and managed in a way that provides quality
assurance and prevents unnecessary changes. The process is
described in the Master Agreement, Exhibit H: Governance,
Attachment H I : Policies and Procedures Manual. Section 6.3
Change Ma Process.
K. Texas.gov Service Desk
The primary point of contact for Customers regarding day -to-
day customer technical, and planning support. Additionally,
the Service Desk will be responsible for providing
y
communications regarding impairments and outages.
L. Filing Purge Services
. Customer will check and accept or reject all filings on at
least a daily basis.
0 Vendor will purge all filings 10 days after the Customer
acts on the filing by accepting or rejecting the filing.
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Vol. / (° 5 Pg.
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.-Amendment I
._..�.___ .............
•
All filings will be purged no later than 30 days ;after they
are submitted by the filer.
M. Texas.gov Training Vendor will provide training support doc,utnentation on the
appropriate use of the Texas j:ov EFM. _
N. Physical Environment Vendor will provide physical security and access management,
Management protected power supply, air conditioning and fire suppression
i through its eGovernme Da ta Center.
D
Management Infrastructure o ...__ ._....
_.._.... __... ...
rastructut e ` . Vendor will provide Front -End Network Management,
g Firewall Infrastructure and Support Services, Intrusion
! Detection Services, Back -End Network Management and
technical support for the Texas.gov EFM located at
i
Vendor's eGovernment Data Center.
• Vendor will manage all the Texas.gov EFM resources
necessary to get users to Customer's applications and return
the information to them. This includes the switches, load-
balancing devices, bandwidth regulating devices, and other
. related devices.
P . ...... _..__ -___
Hardware Management Management . Vendor will provide Hardware Installation, Hardware
Management and support for Texas.gov EFM components
located at Vendor's eGovernment Data Center.
• Vendor will install and maintain Texas.gov EFM servers
t
and server components and will ensure third -party service
providers for hardware are notified appropriately, when
............. required.
O perating System € • Vendor will provide Operating System Software
Administration installation, configuration, optimization, and support for
Texas.gov EFM components located at Vendor's
eGovernment Data Center.
• Vendor will create the underlying Texas.gov EFM
environment and work with Customer to ensure that
systems are configured and tuned appropriately to support
the ne o f Customer applications.
S. Point of Sale P y ment . V
...._ ..
Pa odor will provide application for over - the - counter
o
Services
processing and a magnetic card reader for credit card data
collection.
• MagTek devices encrypt data at the moment of swipe for
data security and meet PCI DSS compliance requirements.
........ _
T. Su Ca rd- sw ipi n g Device Ven
o r wi wiho changes. e __.. _,.. a
zed Service Desk support to assist
PA , u rades, and replacement of MagTek
card- swiping devices used for data collection, ID validation.
and access control at the point of sale (POS).
Electronic Filing Manager (EFM) Application: Specific Descriptions and Definitions
Brazos County Page !0 Se ptember I. Zal2
11R Contract No. DIR- SDD -1C387 Amendme I
Vol. 1 CD S I. &. _ 3 7 --
Vendor Obligations
Service
-- Description
A. EFl11I Training
Vendor agrees to provide training to the Customer concerning
profile, intake functions and financial reconciliation related to
the services provided under this Agreement. Vendor agrees
to assist the Customer in understanding and implementing
the security policies and procedures as needed.
li. EF I Privacy and
Vendor agrees that the Customer's infonrlatioli is owned by
Security
the Customer, and Vendor agrees that it will not use the
Customer's information for any purpose except as authorized
by the Customer. Vendor will make commercially
reasonable efforts to meet the security standards described in
the Master Contract and provide for the security and integrity
of all information obtained pursuant to this Agreement
C . EFM Service Levels -
Vendor will provide page loading time to the User on an
Page Loading Time
avera of 5 seconds, measured at the Web server.
• Page loading performance will be measured by
opening respective pages through a browser at a Web
server located at the site hosting the pages.
• Pages containing specialized content, specifically
those containing eFiling documents, are not exempted
from the average page loading time commitment.
• The User is the third party who requests service.
• Submission of the filing by the filer is exempted from
the average loading time commitment.
Under no circumstances shalt the Customer be construed to
be the User un der this Agreement.
D. EFM Service Levels-
Vendor will provide up -time and availabilit of the
Up -Time and
Texas.gov network and electronic payment system of 99.5 °'o.
Availability
• Service level will be measured monthly by Vendor.
Vendor reserves the right to restrict the size of eFiling
attached documents to preserve performance
commitments.
The following will not be included in Vendor's up -time and
availability computation:
• Scheduled and planned outages for the purposes of
upgrades or maintenance.
Upon receipt of'I`DIR approval Vendor will promptly notify
the Customer of all scheduled and planned outages.
• All outages will be scheduled with a minimum of 72
Hours of advance notice to the TD1R, and shall occur
onty during non -peak hours, unless otherwise agreed
RIYlTt7_C f'nfrrrls!
DIR Contract Ab DIR- SDD4C387
rage t I
Vol. / (D L Pg.
4D
September 1, 2013
.=Amendment I
.. . ,. » ,,, . �.» FO«» uu�. ✓w..w�'�•axesxew:Yaan'.^w,v;'� � .�� ..,� ,:r
i
by the parties,
If less than 72 hour notice is given or the TDIR does
not approve the upgrade or maintenance, the outage
will be considered down -time.
1 Special Circumstances
[ Tile Custouner may request an outage with respect to
services and that outage will not be considered down-
time.
I f systems or components not owned, controlled or
contracted by Vendor mail resulting in an outage, that
outage will not be considered down -time, unless the
cause of the failure can be shown to have been a result
t
of Vendor negligence or malfeasance.
• Service outages caused by the failure of the Customer's
application code or Customer maintained portions of
t the application or infrastructure are not considered
down-time.
E. EFAI Service Failure If for any reason Texas gov or Vendor are unable to
electronically receive or transmit a document. then Vendor
Will deliver the document to (lie Customer in a form
l acceptable to the Customer by 5 p.m. on the first business day
fbilowing Vendor receipt of notice from the Custouner,of the
failure.
F. EFNI Convenience Fee Vendor will submit convenience fee change requests to DIR __..._
for approval and fee changes will be implemented within
thirty (30) days of approval.
• The convenience fee charged to users of Texas,gov
will be clearly indicated to users.
• Users will be required to give explicit confinnation
that they have agreed to pay the con venienc e fee.
G. EF11 Unsuccessful It is the Electronic Filing Service Provider's responsibility to
PaYnient collect the payment amount from the filer for all filing
submitted with unsuccessful payment. Outstanding funds for
all filings that are accepted without successful payment for a
given month will be transferred from the Vendor Bank
account to the Customer's bank account by the tenth (I 0th)
business day of the fuflowing month.
_ ... .. W _. ..__..�. __-.
H. E)"i19 Electronic .. � C
Vendor and the Customer will develop mutually acceptable
Payments Chargeback procedures for the Customer to follow in order to process
Services chargebacks fir applicable credit card transactions.
I. EFM lnformatian
Vendor will provide first level customer support for the
Center (CIC) Services Customer applications through the Texas,gov CIC.
for Count Applications [ • First level su pport includes responding t pho ne calls
ra�us Cotaa {y Pat�c I? Septemt��� 1. ?(JI?
DIR Contra(t No DIR I. SD-IC Amendment 1
Vol.
and entail requests for assistance in using the
application.
• Questions that cannot be answered by a first level
technician will be forwarded either to the Customer
contact or level two support for resolution.
• First and second level support is limited to technical
support regarding the Texas.gov network or
availability and application functionality,
Customer business questions or filing rules, as they pertain to
eFiling, are the responsibility of the Customer.
• Questions that require the Customer's response will be
forwarded to the Customer for resolution.
I • Users will be referred appropriately.
A live call center operation will handle user phone calls daily
fi - om 7:00a.m. to 7 :00p.m. CST 7 days a week. if Vendor
detennines that peak usage of the framework is at times other
than those described above, then alterations to these ''times and
days m ay occur in accordance with the Agr eement.
J. EFNI Customer Vendor will provide first through third level customer support
Information Center through the Texas.gov CIC for the payment transactions
Services for Electronic processed through the Electronic Payments System.
Payment Transaction. . First level support includes responding to phone calls +
Services and email requests for assistance in using the
application.
• Questions that require a Customer response will be
forwarded to the Customer contact for resolution.
• Questions that require the Electronic Payments
Systems investigation or response will be forwarded to
the Electronic Payments Customer Support areas.
A live call center operation will handle user phone calls daily
From 7:00a.m. to 7:00p.m. CST, 7 days a week. If Vendor
detennines that peak usage of the framework is at times other
than those described above, then alterations to these times and
days may occur in accordance with th Agreement. I
K. EFiN ;l Texas.gov Hosting Services provided by Vendor include all services related I
and Application Service to the hosting of eFiling applications including:
provider (ASP) Services . Application design
j • Database design and setup '
• Standard interface design to meet the statewide court
filing standard.
• Interface design fog exchange between Texas.gov
and the Electronic Payments System u
• Support secure communicati standards between
$raZos C01111ry Page 13 September 1, 012
DIR Contract No. DIR-SDD-IC387 Amendment I
Vol. 1 (05 Pk' 4Q
L. EFAI Strategic
Outreach
Al. EFAI Web Service
Interface
Customers Obligations
exas.gov and the Customer.
• Application development and testing.
• Page and form development
• Continued application enhancements and
modifications.
• Applications support and maint
Services provided b Vendor include the following strate gic
fi � p y � .�._ .
ices ... gic
outreach services:
• Provide a sample communication plan for the
Customer; and if appropriate consider the possibility
of a joint marketing plan and /or expenditure with the
Customer.
Ser ice p rovided b , ..._._
' p � y Vendor to provide the Customer with a
standard interface for the exchange of files.
S ervice
Description
A. EFM Financial
Not later than 60 clays prior to implementation, the Customer
Information
inust provide to Vendor banking information for all required
financial accounts including, but not limited to:
• Customer's Financial Contact's Name, Title, Mailing
Address. Telephone Number, and Email Address.
• Customer's Bank's Name, Address, Account Number.
and ABA number.
• Customer's Bank's Contact Name and Phone Number
• Voided Check or Bank letter on Customer's Bank's
Letterhead
Tile required financial infonliatioll is subject to change
according to what is needed to con process fees and
Financial
disburse payments to the Customer. Vendor shall maintain
Info
Information (cont.)
the confidentiality of the Customer's banking information by
1
keeping it in a secure location and Vendor shall not use the
information fir any purposes whatsoever, other than those
consistent with this Agreetr)ent.
B. EFAVI Testing
"The Customer is responsible for testing the perlbnnnance of the
Applications and
follow
Interfaces
. Customer produced and maintained applications and
interfaces to Texas.gov and;
• the User acceptance eFiling services an enhancem
The Customer and Vendor agree to one forty -five (45) day Pilot
Phase bcginning on the ince of service so that the
& azns Cotutty Pave 14 _ September 1. ?'713
IDIR Contract No. DIR- SDD- IC3,37 � Amendment 1
VOL 'I ( 5 p 43
C. EFM Training
_57
Customer can cvahiate the services and test For performance
and reliability of services.
• If the Customer is dissatisfied during the initial Pilot
Phase, Vendor shall ]lave thirty (30) clays From receipt
Of notice of Customer's dissatisfaction to make changes
and satisfy the Customer.
after the initial training provided by Vendor, the Custonlcr is
responsible for training Custolner employees concerning
profile, intake funct ions, and financial reconciliatio
EFM Contact Number
The Ccistoiner agrees to provide a contact number so that
inquiries from the Customer information Center nlaV be
received between 8:00 a.m. and 5:00 p.m. central standard
E. EFM Texas.gov Logo
time.
The Customer agrees to provide on the Customer's web page
and Hyperlink
a hyperlink to Tcxas.gov home page and display the
Texas.gov logo. The Customer will maintain the hyperl ink to
Texas.gov a change the URL as requested by Texas.
T7 EFM Receipt of
• The Custonlcr is responsible for receipt of filings
Electronic Filrn;s
made on Texas.gov, when the filing is available for
access oil the Texas. browser.
+ The Customer agrees to review electronic filings that
occur on regular Customer business days and accept
or reject electronic filings. unless the Customer is
down or otherwise unable to review electronic filings
due to circumstances beyond the Customer's control.
« The Customer shall notify Vendor within fifteen { 15)
minutes or as soon as possible that the Customer is
down or Otherwise unable to electronically receive
documents.
C. EFM System, Sofhvare,
« The Customer agrees to support reasonable efforts by
and Interface
Vendor to upgrade the Texas Department of`
Information Resources environment operatim., system,
application server software, web server software. and }
hardware on Customer environments, as hosted by
Vendor.
• The Customer is responsible For reasonable costs
associated with the development of all automated
interface , '
apphcati�n that would process data available
from el~iling into the Customer's systems, subject to
prior written approval by the Customer.
• Vendor agrees to support the Customer in creatinu an
interface to the Department of Information Resources m
a timely manner, subject to the approval of the
_
Department InFormation Resources. i
Brazos Count✓ Page September I, ?t)1?
DIR Contrary rr'o DIR- SLID - IC387 Septemb 1
Vol. (0S Pg
H. EFM Convenience Fee A convenience fee is paid by the - Uscr for each completed
transaction.
• Undcr no condition shall the Customer be responsible
for payment of the convenience fee or any other
payment of money under this Ag•eernent or in relation
to) this Agreement.
0 The amount of tile convenience fee is set out in Exhibit
. ...... A, attached hereto and incorporated herein.
1. EFAI Security and • The Customer agrees to follow recommended security
Privacy policies and procedures promulgated by Vendor from
time to time,
0 The Vendor will assist the Customer In understanding
and implementing these securit policies and
procedures to avoid identified risks.
• The Customer agrees to comply with the privacy
statements displayed on the Texas.,gov site.
Bra::O-S C( ' >11 "t' Pe :ge 16 T N�CT3tI7CY 1� ?[ ( ` _ 5
£11x4 Contruc,'No D1R-SDD-jC,3,y-, t
Vol. 1 (05 Pg. 14 S
Cooperative Agreement
between
The Office of the Attorney General Ad0:)
of the State of Texas
and
Brazos County, Texas
CONTRACT NO. 13 -CO010
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.
I.S. Unless specified otherwise in this Contract, all procedures required to be followed by the County will
be made available to the County on the OAG child support portal at http : / /portal.cs.oag.state.tx.us.
2. CONTRACT PERIOD
2.1. This Contract shall commence on September 1, 2012 and shall terminate on August 31, 2014, unless
terminated earlier by provisions of this Contract.
3. REQUIREMENTS OF THE OAG AND THE COUNTY
3.1. State Case Registry Activities
3.1.1. County shall provide to OAG new and modified child support court orders entered after the
effective date of the Contract for Registry Only child support court order information relating to
Suits Affecting the Parent -Child Relationship.
3.1.1.1. County shall use the original court ordered documents to obtain the relevant information for
entry to the OAG Systems or may use the "Record of Support" published in the Texas
Family Law Manual, or a similar form completed by the District Clerk or Local Registry's
office that summarizes the relevant court ordered child support information.
SCR/LCS3 /11/12 Page I of 23
Vol. 1 6 _5 Pg. 49
3.1.1.2. County must pr6vide, 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, protective orders, 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 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 cases within three (3) business days
of receipt.
3.1.1.8. County shall ensure that the Family Violence Indicator (FVI) is updated on Registry Only
cases in TXCSES Web within three (3) business days of a protective order being filed. If a
Full Service case exists the county shall provide the local OAG field office with a copy of
the protective order within three (3) business days of it being filed.
3.1.1.9. 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.
3.1.1.10. 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
sCR/LCS 3/11/12' Page 2 of 23
Vol.
S Pg
applicable) shall:- all erroneously received child support payments to the TXSDU
within:one day',:'of:receipt.
3.1.1.11. 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 orders from a
particular court or attorney that fail to comply with Section 154.004 of the Texas Family
Code and 42 USC 654b of the Code of Federal Regulations, the County will notify the
OAG of'same.
3.1.1.12. 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 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
litem for the child, the custodial and non - custodial parent and their attorneys, a
person authorized by the custodial or non - custodial parent to have the payment
history information, and a District or County attorney for purposes of pursuing
prosecution for criminal non - support of a child.
3.2.1:2.1.4. 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.
SCR_/LCS 3h 1/12 Page 3 of 23 D
Vol. Y.
3.2.3.2. County shall p&-form the Customer Service Unit services using the following guidelines:
'3:2.3 -.11: Res pond ±to written inquiries within five (5) County business days,.
3.2.3.2.2_ take action'on information received within three (3) County business days,
3:2.3.2.3. document case record of action or information received at time of receipt,
3:2.3.2.4. follow up fo a telephone inquiry within three (3) County business days,
3.2.3.2.5. return -phone calls`within three (3) County business days,
3.2.3.2.6., see a customer-the same day or schedule appointment within three (3) County business
days of request..
3.2.3.3. County shall use OAG processes and procedures 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 County may receive
and process are:
3.2.3.4.1. Full Service and Registry Only Collections technical document name: Interface
Control Document 012 (ICD012).
3.2.34.2. 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 I Document 035 (ICD035)..
3.2.5. In the event of a failed transmission, or if a file is .unable to be processed, County shall correct the
problem and retransmit within one (1) business day of notification by the OAG.
3.2.6. County shall record on its automated system all financial data available from the OAG required to
support the accurate dissemination of payment record information contemplated by this Contract
or the County shall access, as needed, an OAG/TXCSES payment history record, as available,
from the OAG TXCSES Web application.
3.3. ACCESSING OAG SYSTEMS
3.3.1. County Responsibilities
3.3.1.1. Work with the OAG or its designated agent to acquire, when needed, (at no cost to the
County) from the OAG or its designated agent one personal computer, including the
necessary software, to access the .OAG Systems. County will work with the OAG or its
designated agent to obtain the database access required. County. is responsible for
connecting the hardware to its :o wn 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, custom. er service activities in this Contract. If the County employs a
SCR/LCS 3/11/12
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Vendor. for maintenance and changes to its automated child support system, County must
-!coordinate efforts between the County Vendor and the OAG or its designated agent. -
3.3.1.3.. Should the County desire to retain their legacy case management system, whether in -house
or vendor based, the County is required to maintain strict data synchronization with the
OAG Systems. To accomplish this, the County must demonstrate sufficient resources and
ability to receive and process into. the County legacy system daily data updates from the
OAG in ICD050 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.
3.11.5. Whether the County retains their legacy case management system or if data
synchronization with the OAG Systems is not' feasible the- County shall enter all
case /member information directly onto the : designated OAG System unless agreed to
otherwise in writing by the OAG Contract Manager.
3.3.1.6. The ICDO50 computer..file specifications and format will be made available to the County
on the OAQ 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
intemet - access the OAG will ensure that intemet 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 25` 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 business days. County's signature constitutes
SCR/LCS 3 /11/12 Page 5 of 23 n
Vol. I (9 5 P.
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 f&.,issuing state payments and .the Texas Prompt Payment Act.
4.3,.1. County shall submit the invoice to:
Contract Manager, State Case Registry and Local Customer Service
Mail Code: 062
Office of the Attorney General
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 business days of receipt, detailing the basis of any disputed.item,.and
include supporting documentation. The OAG shall review the returned voucher. If the dispute is
resolved in the County 's favor the OAG shall make payment as set forth in the preceding subsection. If
the dispute is not resolved: in the County's favor, the OAG shall' make payment in accordance with the
voucher originally sent to the County and forward a letter of explanation to the County.
4.4.1. OAG Rights Upon Loss of.Funding
4.4.1.1. Legislative Appropriations
4.4.1.1.1. All obligations of the OAG are subject to the availability of legislative appropriations
and, for federally funded procurements, to the availability of federal funds applicable
to this. procurement (see Provision of Funding by the United States, subsection below).
The parties " acknowledge that the ability of the OAG to make payments under this
Contract is contingent upon the continued availability of funds for the Child Support
Enforcement Strategy and the State Disbursement Unit Strategy (collectively
"Strategies "). The parties acknowledge that funds are . not specifically appropriated for
this Contract and the OAG's continual ability 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 disci:etion, 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 workArnmediately 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 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
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Vol. Co kk,
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
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 rV-D; for purpose of reference only the federal
share on the effective date of this Contract is 66 %. The County agrees that for the purposes
of this Contract all of the County's Contract associated costs for any given calendar month is
equal to the number of new and modified Registry Only Court Orders (together with all
required data elements) provided to the OAG during the calendar month multiplied by a per
new and modified Registry Only Court Order fee of $12.81 plus the number of Registry Only
Court Orders updated during the calendar month multiplied by a per Registry Only Court
Order updated fee of $4.07 per Registry Only Court Order updated. Thus: [(Calendar Month
new and modified Registry Only Court Orders provided x $12.81) + (Calendar Month
Registry Only Court Orders updated x $4.07)] x Federal Share = OAG Liability.
4.5.2. Local Customer Service
4.5.2.1. The OAG shall be financially liable to the County for the federal share of the County's
Contract associated cost. Federal share means the portion of the County's Contract
associated cost that the federal Office of Child Support Enforcement reimburses the state as
federal financial participation under Title IV-D; for purpose of reference only the federal
share on the effective date of this Contract is 66 %. The County agrees that for the purposes
of this Contract all of the County's Contract associated costs for any given calendar month
is equal to the number of inquiries on IV -D cases handled by County personnel during the
calendar month, plus the number of inquiries on Registry Only cases (See Section 3.2.1 for
the meaning of Registry Only cases) minus the Federal Disallowance Percentage,
multiplied by a per inquiry fee of $4.19 per inquiry. For purpose of reference only the
Federal Disallowance Percentage for SFY 2011 annualized is 19 %. Thus: (Calendar Month
IV-D Inquiries Handled by County Personnel) + (Calendar Month Registry Only Inquiries
Handled by County Personnel - Federal Disallowance Percentage) x ($4.19) 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.
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4.6.2. The OAG may decline to reimburse Allowable Costs which are submitted for reimbursement
more than sixty (60) calendar days after the State Fiscal Year calendar quarter in which such costs
are incurred.
4.6.3. County shall refund to the OAG within thirty (30) calendar days any sum of money which has
been paid to the County which the OAG and County agree has resulted in an overpayment to
County, provided that such sums may be offset and deducted from any amount owing but unpaid
to County.
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 Eleven Thousand Dollars and No Cents ($11,000.00).
4.7. Assignment of Claims
4.7.1. County hereby assigns to the OAG any claims for overcharges associated with this Contract
under 15 U.S.C. § 1, et seq., and Tex. Bus. & Comm. Code § 15.0 1, 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
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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 and 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 N -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
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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 an audit (by County or
County's independent auditor, the OAG, the State Auditor, the U.S. Department of Health and
Human Services, the Comptroller General of the United States, or any of their duly authorized
representatives) that County has failed to follow federal requirements for the IV -D program, then
County agrees that the County shall refund to OAG the amount disallowed within thirty (30)
calendar days of the date of the written OAG request for refund; provided further that such
amounts may be offset and deducted from any funds payable under this Agreement.
5.5. 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
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.
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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 @texasattorneygeneral.gov
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
5.9.1. It is contemplated by the parties hereto that County shall conduct the performances provided by
this Contract substantially with its own resources and through the services of its own staff. In the
event that County should determine that it is necessary or expedient to subcontract for any of the
performances specified herein, County shall subcontract for such performances only after County
has transmitted to the OAG a true copy of the subcontract County proposes to execute with a
subcontractor and has obtained the OAG's written approval for subcontracting the subject
performances in advance of executing a subcontract. County, in subcontracting for any
performances specified herein, expressly understands and acknowledges that in entering into such
subcontract(s), the OAG is in no manner liable to any subcontractor(s) of County. In no event
shall this provision relieve County of the responsibility for ensuring that the performances
rendered under all subcontracts comply with all terms of this Contract.
SCR/LCS3 /11/12 Page II of 23
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5.10. Dispute Resolution Process for County Breach. of Contract Claim
5.10.1. The dispute iesolutign 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.
ach of this Contract that the parties cannot resolve in the ordinary course of
5.10.2. County's claim for bre
business shall be submitted to the negotiation process, provided in Chapter 2260, subchapter B, of
Co
the Government de. '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 18711 -2017. Said notice shall specifically state that
the provisions of Chapter 2260, subchapter B, are being invoked. A copy of the notice shall also
be given to all other representatives of the OAG and the County otherwise entitled to notice under
this Contract. Compliance by the County with subchapter B is a condition precedent to the filing
of a contested case proceeding under Chapter 2260, subchapter C, of the Government Code.
5.10.3. The contested case process provided in Chapter 2260, subchapter C, of the Government Code is
the County's sole and exclusive process for seeking a remedy for any and all alleged breaches of
contract by the OAG if the parties are unable to resolve their disputes under the immediate
preceding subsection.
5.10.4. 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 l y 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. County must report any suspected incident of fraud, waste or abuse associated with the
performance of this Contract to any one of the following listed entities:
5.11.1.1. the Contract Manager
5.11.1.2. the Deputy Director for Contract Operations, Child Support Division
5.11.1.1 the Director,'Child Support Division the Deputy Director, Child Support Division
5.1.1.1'.4. the OAG Ethics Advisor
5.1.1.1..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
.SCIULCS 3111/12 .Page 12 of 23
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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 OAG 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 3/11/12 Page 13 of 23
Vol. 1 (V5 pg. o —
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. least quarterly, OAG shall send County a list of
TXCSES Web users and County shall review and update its access protection lists and
ensure that the access protection lists accurately reflect the individuals and their access
level currently authorized. County shall notify OAG of the authorized personnel that
should have access rights to OAG Data and information in the method prescribed by OAG.
County will immediately notify OAG when an individual's access to OAG systems is no
longer relevant. OAG, in its sole discretion, may deny or revoke an individual's access to
OAG Data and information and any of its systems.
6.1.1.7. County shall perform background reviews, to include a criminal history record review, on
all County employees who will have access to OAG Data and information, and any OAG
system. County shall certify to OAG that such reviews have been conducted and that in
County's opinion the aforesaid employees are deemed trustworthy. County may request
OAG to perform such reviews. In such an instance, County shall provide OAG with any
required information, consent and authorization to perform the reviews and OAG shall
perform the reviews at its own expense.
6.1.1.8. All references to "Agreement Services" shall include activities within the scope of this
Agreement.
6.1.1.9. County shall comply with all applicable statutory and regulatory provisions requiring that
information be safeguarded and kept confidential. These statutes and regulatory provisions
include but are not limited to 42 U.S.C. §§ 653 and 654; 45 CFR §§ 307.10, 307.11 and
307.13; 26 U.S.C. 6103 (IRC 6103); IRS Publication 1075 (Rev.8 -2010) 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 3/11/12 Page 14 of 23
Vol. I (D S Pg. 61
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 Q.
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.8 -2010) 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 OAG Data to be commercially
exploited; or (iv) create, distribute or use any electronic or hard copy mailing list of OAG
Customers for purposes other than in connection with providing the Agreement Services.
However, nothing in this agreement is intended to restrict County from performing its other
authorized duties. For example, the duty to disseminate copies of court orders to requesting
parties that necessarily includes data such as names and addresses. In the event that County fails
to comply with this subsection, OAG may exercise any remedy, including immediate termination
of this Agreement.
6.2.3.1. County agrees that it shall comply with all state and federal standards regarding the
protection and confidentiality of OAG Data as currently effective, subsequently enacted or
as may be amended. OAG Data accessed shall always be maintained in a secure
environment (with limited access by authorized personnel both during work and non -work
hours) using devices and methods such as, but not limited to: alarm systems, locked
containers of various types, fireproof safes, restricted areas, locked rooms, locked
buildings, identification systems, guards, or other devices reasonably expected to prevent
loss or unauthorized removal of manually held data. County shall also protect against
unauthorized use of passwords, keys, combinations, access logs, and badges. Whenever
possible, computer operations must be in a secure area with restricted access. In situations
such as remote terminals, or office work sites where all of the requirements of a secure area
with restricted access cannot be maintained, the equipment shall receive the highest level of
protection. This protection must include (where communication is through an external not -
organization- controlled network [e.g. the Internet]) multifactor authentication that is
compliant with KIST 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
6.3.1. Any destruction or purging of OAG Data shall be destroyed and /or purged in accordance with
state and federal statutes, rules and regulations. Within ten (10) business days of destruction or
purging, County will provide the OAG with a completed OAG -Child Support Division
SCR/LCS 3/11/12 Page 15 of 23
Vol. I (Os p g. to
"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.
6.3.3. County expressly does not have any actual or implied authority to determine whether any OAG
Data are public or exempted from disclosure. County is not authorized to respond to public
information requests which would require disclosure of otherwise confidential information on
behalf of the OAG. County agrees to forward to the OAG, by facsimile within one (1) business
day from receipt all request(s) for information associated with the County's services under this
Agreement. County shall forward via fax any information requests to:
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 3111/12 Pa 16 of 23 ] �
Vol. G ?9. &3
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 C1SO's designee,
regarding the proper course of the investigation and damage mitigation.
6.5.4. Whenever daily oral reports are provided, County shall provide, by close of business each Friday,
an email report detailing the foregoing daily requirements.
6.6. Final Report
6.6.1. Within five (5) business days of completing the damage analysis and investigation, County shall
submit a written Final Report to the OAG CISO with a copy to the OAG Contract Manager,
which shall include:
6.6.1.1. a detailed explanation of the cause(s) of the security incident;
6.6.1.2. a detailed description of the nature of the security incident, including, but not limited to,
extent of intruder activity (such as files changed, edited or removed; Trojans), and the
particular OAG Data affected; and
6.6.1.3. a specific cure for the security incident and the date by which such cure shall be
implemented, or if the cure has been put in place, a certification to OAG that states the date
County implemented the cure and a description of how the cure protects against the
possibility of a recurrence.
6.6.2. If the cure 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 3/11/12 Page 17 of 23
165 p tp
systems access availab _ le- 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;'"' application levels; provided, however, that such access shall not interfere
with the daily, operations of managing and funning 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•3 /i 1/12 Page 18 of 23
Vol. &-5 pg. JG'
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.
SCR/LCS 3/11/12 Page 19 of 23
Vol. (0.5 Pg.
8. TERMINATION OF CONTRACT
8.1. Termination
8.1.1. Either party to this Contract shall have the right to either terminate this Contract in its entirety or
in part. However, a County continuing to contract to provide Local Customer Service services
must also continue to contract to provide State Case Registry services. The Contract, or portion
of the Contract, may be terminated by the terminating party notifying the other party in writing of
such termination and the proposed date of the termination no later than thirty (30) calendar days
prior to the effective date of such termination.
8.2. Survival of Terms
8.2.1. Termination of this Contract for any reason shall not release the parties from any liability or
obligation set forth in this Contract that is expressly stated to survive any such termination or by
its nature would be intended to be applicable following any such termination.
9. TERMS AND CONDITIONS
9.1. Federal Terms and Conditions
9.1.1. Compliance with Law, Policy and Procedure
9.1.1.I. 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
9.1.2.1. County agrees that no person shall, on the ground of race, color, religion, sex, national
origin, age, disability, political affiliation, or religious belief, be excluded from
participation in, be denied the benefits of, be subjected to discrimination under, or be
denied employment in the administration of, or in connection with, any program or activity
funded in whole or in part with funds provided by this Contract. County shall comply with
Executive Order 11246, "Equal Employment Opportunity" as amended by Executive Order
11375, "Amending Executive Order 11246 relating to Equal Employment Opportunity"
and as supplemented by regulations at 41 C.F.R. Part 60, "Office of Federal Contract
Compliance Programs, Equal Employment Opportunity, Department of Labor." County
shall ensure that all subcontracts comply with the above referenced provisions.
9.1.3. Certification Regarding Debarment, Suspension, Ineligibility, and Voluntary Exclusion from
Participation in Contracts Exceeding $100,000.00.
SCR/LCS 3/11/12 Page 20 of 23
Vol. 16 pg. 7
9.1.3.1. County certifies by entering into this Contract, that neither it nor its principals are debarred,
suspended, proposed for debarment, declared ineligible, or voluntarily excluded from
participation in this transaction by any federal department or agency.
9.1.3.2. The certification requirement of this provision shall be included in all subcontracts that
exceed $100,000.
9.1.4. Environmental Protection (Contracts in Excess of $100,000.00)
9.1.4.1. County shall be in compliance with all applicable standards, orders, or requirements issued
under section 306 of the Clean Air Act (42 USC 1857(h)) Section 508 of the Clean Water
Act (33 USC 1368) Executive Order 11738, and Environmental Protection Agency
regulations (40 CFR part 15). The requirements of this provision shall be included in all
subcontracts that exceed $100,000.
9.1.5. Certain Disclosures Concerning Lobbying [Contracts in excess of $100,000]
9.1.5.1. Certain Counties shall comply with the provisions of a federal law known generally as the
Lobbying Disclosure Acts of 1989, and the regulations of the United States Department of
Health and Human Services promulgated pursuant to said law, and shall make all
disclosures and certifications as required by law. County must submit at the time of
execution of this Contract a Certification Regarding Lobbying (Attachment E). This
certification certifies that the County will not and has not used federally appropriated funds
to pay any person or organization for influencing or attempting to influence any officer or
employee of any Federal agency, a member of Congress, officer or employee of Congress,
or an employee of a member of Congress in connection with obtaining any Federal
Contract, grant or any other award covered by 31 U.S.C. 1352. It also certifies that the
County will disclose any lobbying with non - Federal funds that takes place in connection
with obtaining any Federal award by completing and submitting Standard Form LLL.
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.
SCR/LCS 3/11/12 Page 21 of 23
Vol. I o 5 p g .
Ce g
9.5. Agreement Relating to Debts or Delinquencies Owed to the State
9.5.1. As required by §2252.903, Government Code, the County agrees that any payments due under
this Contract shall be directly applied towards eliminating any debt or delinquency including, but
not limited to, delinquent taxes, delinquent student loan payments, and delinquent child support.
9.6. Certification Concerning Dealings with Public Servants
9.6.1. County, by signing this contract, certifies that it has not given nor intends to give at any time
hereafter any economic opportunity, future employment, gift, loan, gratuity, special discount, trip,
favor, or service to a public servant in connection with this transaction.
9.7. Personnel Comportment
9.7.1. County and County subcontractor personnel and agents shall be courteous and professional in all
communications during their performance of the requirements of this contract. Any actions
deemed unprofessional must be remedied to the satisfaction of the OAG Contract Manager. The
OAG reserves the right, in its sole discretion, to require the immediate removal and replacement
of any County and /or County subcontractor personnel and agents deemed by the OAG to be
discourteous, unprofessional, unsuitable or otherwise objectionable. Any replacement personnel
assigned by County to perform services under this contract must have qualifications for the
assigned position that equal or exceed those of the person being replaced.
9.8. Non - Waiver of Rights
9.8.1. 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.
9.9. No Waiver of Sovereign Immunity
9.9.1. The parties expressly agree that no provision of this contract is in anyway 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.
9.10. Severability
9.10.1. If any provision of this contract is construed to be illegal or invalid, such construction will not
affect the legality or validity of any of its other provisions. The illegal or invalid provision will
be deemed severable and stricken from the contract as if it had never been incorporated herein,
but all other provisions will continue in full force and effect.
9.11. Applicable Law and Venue
9.11.1. 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.
SCR/LCS 3/11/12 age 22 of 23
Vol. Pg.
9.12. Entire Contract
9.12.1. 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.
9.13. Counterparts
9.13.1. 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.
9.14. Attachments
9.14.1. Attachment A: OAG Information Security Policy Manual
9.14.2. Attachment B: OAG Automated Computer System Access - Statement of Responsibility
9.14.3. Attachment C: Child Support Online Login Policy
9.14.4. Attachment D: Data Integrity Procedures Changes to Case Information
9.14.5. Attachment E: Certification Regarding Lobbying
9.14.6. Attachment F: IRS Publication 1075 (Rev.8 -2010)
9.14.7. Attachment G: Incident Response Plan
9.14.8. Attachment H: Certificate of Destruction for Contractors and Vendors
THIS CONTRACT IS HEREBY ACCEPTED
OFFICE OF THE ATTORNEY GENERAL BRAZOS COUNTY
�• I
Alicia G. Key The Honorable Duane Peters
Deputy Attorney General for Child Support County Judge, Brazos County
SCR/LCS 3/11/12 Page 23 of 23
Vol. 1 5 pg. -- 7 -a
ATTACHMENT A
ATTORNEY GENERAL OF TEXAS
GREG ABBOTT
Offi.ce.of.-the Attorney General
Inform.aPon' Technology Security
P o"I ity Manual
Version 4.3
April 5, 2011
Presented by:
Kathleen Donaho- Jaeger
CS Information Security Officer
Mike O'Connell
A &L Information Security Officer
Vol. 1 (Q6 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.
Information Security Officers ( ISO) .............................................. ...............................
5
2.5.
Information Resource Owner ......................................................... ...............................
6
2.6.
Information Custodian ................................................................... ...............................
7
2.7.
Information Technology User ........................................................ ...............................
8
3.
Operational Security Controls ............................................................... ...............................
8
3.1.
Risk Management Framework ....................................................... ...............................
8
3.2.
Risk Assessment ............................................................................ ...............................
8
3.3.
Asset Management ......................................................................... ...............................
8
3.4.
Disaster Recovery & Business Continuity ..................................... ...............................
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 Technology Assets ............. .............................10
4.6.
Access to OAG Information Technology Assets ......................... ...............................
11
4.7.
User Identification ....................................................................... ...............................
11
4.8.
Personal Software, Hardware and Modems ................................. ...............................
11
4.9.
Security Awareness Program ....................................................... ...............................
11
4.10.
Warning Statements ..................................................................... ...............................
11
4.11.
Termination of Employment ............................. ............................... .....................
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 ....................................................................... ...............................
12
5.4.
Information Technology Asset Protection ................................... ...............................
13
5.5.
Vendor Access to OAG Systems ................................................. ...............................
13
5.6.
Classification of Electronic Data and Assets ............................... ...............................
13
5.7.
Data Destruction .......................................................................... ...............................
13
5.8.
Configuration Management ....................................................... ...............................
14
5.9.
Change Management ................................................................. ...............................
14
5.10.
Data Integrity ............................................................................... ...............................
14
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,______,___,,__~^_,,_,__~_..________'--.—_,
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8. References
' �_=�
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Office of the Attorney General
1.1. Attorney General Policy Statement
The Office of the Attorney General (OAG) is committed to protecting the information resources
that are 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 Information Security Officers are 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 assets" that are used by or for the OAG throughout
its life cycle. "Information assets" 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 assets, and electronic data regardless of
location.
To the extent there is any conflict between this policy and the Sensitive Personal Information
Privacy Policy (found at htlps:Hintranet.oag.state.tx.us/admin/hrd-/Rolicies/V-olicy.pW the latter
shall control.
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
assets.
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.
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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 Asset:
The term information asset 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 Technology Asset:
A subset of the term information asset that refers to computing hardware such as a laptop
computer, desktop PC, network server, or computer software.
2. Management Security Controls
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 assets are protected from the effects of damage,
destruction, and unauthorized or accidental modification, access or disclosure.
2.2. Management Responsibility
The protection of information assets 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. Information Security Officers (ISO)
A full -time ISO will oversee the Administrative and Legal Divisions (A &L), while another full -
time ISO will oversee the Child Support Division (CS). The A &L ISO and CS ISO will report
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Office of the Attorney General
directly to their respective IT Directors and indirectly to the IRM. It is the ISO's duty and
responsibility to:
• 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 asset 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 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."
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Office of the Attorney General
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 asset;
• Determine the asset's 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 resourcesl'frdin 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.
2.6. 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),
• Provide physical and procedural safeguards for the information-assets;
• Assist owners in understanding and evaluating the cost - effectiveness of controls and
monitoring;
• Administer access to the information assets; and
• Implement appropriate monitoring techniques and procedures for detecting, reporting and
investigating incidents..
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Office of the Attorney General
2.7. Information Technology User
All authorized users of OAG information technology assets (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. Each
division's ISO 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 IRM and appropriate IT Director. (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 may 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 ISO's 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.
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, which may be found at
httasJ /Intranet oa4 state be us /admin /hrd /policies /r)ol!U.ohi) .
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Office of the Attorney General
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_ Personnel Securitv Pc
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 IRM and
appropriate IT Director of the actual or suspected security incident. The ISO shall report any
security incidents that affect critical systems and/or that could be propagated to other state
systems outside the OAG to 15IR 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:
• 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;
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Office of the Attorney General
• 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:
1. Management Group:
• Membership includes: The affected division's ISO and IT Director.
• May include: IRM.
Responsibilities: Manage CSIRT operations (ISO), manage overall incident
response, document activities, and produce appropriate reports. Also responsible to
communicate internally to executive management.
2. 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.
3. 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 appropriate ISO, 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 use of information technology resources must be documented 'and reviewed by the
appropriate ISO prior to implementation.
4.5. Acceptable Use of OAG Information Technology Assets
State information technology assets 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,
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Office of the Attorney General
Property, Services, and Facilities, found at
htti)s:Hintranet oaa. state. tx. us /admin/hrd/policies/policy.yhp
Violations may result in disciplinary action, up to and including termination of employment.
The unauthorized use of OAG information assets will be considered as a relevant factor in
evaluating the performance of OAG employees.
4.6. Access to OAG Information Technology 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 appropriate ISO 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 appropriate ISO 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.
• 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.
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Office of the Attorney General
4.11. Termination of Employment
Computer user identifications (User IDs) 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
assets.
4.12. Automatic Suspension / Deletion of User ID's
Mainframe, LAN and Remote Access User IDs will be monitored for usage to protect system
security, and any unused user IDs 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 ISOs 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.
5.1. 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.
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.
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Office of the Attorney General
5.4. Information Technology 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 and approved by the appropriate
ISO.
5.5. Vendor Access46 OAG Systems
Access to OAG systems and data by vendors (including contractors, auditors,
consultants or agents) musfbe. 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: be coordinated with and approved by the appropriate IT
department and ISO prior to access being granted.
5.6. Classification ofEectronic 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 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.
5.7. Data Destruction
OAG data should only be destroyed in accordance with 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.
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Office of the Attorney General
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 assets 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 soflware/anti- malware; and
• Coordinating with`and seeking assistance from IT personnel as may be appropriate to
safeguard OAG data.
5.11 Voice /Phone .
The OAG's voice or phone mail systems use agency information assets. 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.
5.12. E -mail
Electronic mail (e -mail) is a form of communication that uses agency information assets. All use
of e-mail must be in accordance with OAG policies and procedures regarding the use of
information assets.
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 both the appropriate IT Director and ISO.
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5.13. Wireless Systems
Wireless networks or routers may not be used without the prior authorization of both the
appropriate IT Director and ISO. All wireless connectivity (Wi -Fi) to OAG networks must be in
accordance with current IT architectural direction, Information Technology 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 assets 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 both the appropriate IT Director and ISO.
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 both.the appropriate IT Director and ISO.
5.17. Portable and Mobile Devices
All laptops and other mobile telecommunications devices (PDAs, network capable cell phones,
BlackBenry'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
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.
5.19. 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 using
techniques approved by the appropriate ISO.
3/28/11 Information Technology Security Policy Manual Vs 4.3 Page 15 of 20
Vol. to 6 pg. g'6
Office of the Attorney
5.20. Internal Electronic Investigations
All internal electronic investigations must be authorizes by, and conducted under the supervision
of, the appropriate ISO 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
found at http://www2.dir.state.tx.us/securLty/policy/Pag—es/Solicy.asRx 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.
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
3/28/11 Information Technology Security Policy Manual Vs 4.3 Page 16 of 20
Vol. � Pg.— 9 1� —
Office of the Attorney General
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
appropriate IT Director and IRM. 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 appropriate IT Director and ISO.
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 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 appropriate ISO 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.""
All contracts to which the OAG is a party and that affect OAG information technology security
must be reviewed and approved by the appropriate ISO 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
3/28/11 Information Technology Security Policy Manual Vs 4.3 Page l7 of 20
Vol. �s pg. 91
Office of the Attorney General
kept either physically or logically separate from production functions in order to safeguard OAG
data and information technology 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 and approved by the IRM, appropriate IT Director, appropriate ISO, 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 the
appropriate IT Director and approved by the appropriate ISO prior to implementation. If
immediate changes to procedures are required to meet an emergency situation, A &L and/or CS
ISO, 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.
3/28/11 Information Technology Security Policy Manual Vs 4.3 Page 18 of 20
Vol. I �- Pg. R
Office of the Attorney General
This is Version 4.2 of the OAG Information Security Division Security Policy Manual.
The OAG Information Security Division 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.
- - I /� ( / 44
OWNER:
Mike O'C
OWNER:
Kathleen j
well, A&L
_ . .4
Security Officer
CSD Information Security Officer
.TE: April 5, 2011
TE: April 5, 2011
EXECUTIVE SPONSOR: _ TE: April 5, 2011
Diane B. Smith, Deputy for Administration and Information Resources Manager
3/28/11 Information Technology Security Policy Manual Vs 4.3 Page 19 of 20
E
Vol. �Pg.� L_--
'Office of the Attorney General
' Tex. Gov't Code § 2054.003'(7). .
1 TAC § 202.20.
1 TAC § 202.1
1 TAC § 202.21.
1 TAC § 202.21.
1 TAC § 202.21.
1 TAC § 202.27.
' See generally, 1 TAC Chapter 202.
u 1 TAC § 202.21.
x1 TAC §202.1.
x' 1 'TAC § 202.26.
1 TAC § 202.25(6)(B).
3/28/11. Information Technology Security Policy Manual Vs 4.3
Page 20 of 20
Vol. Pg. q0
ATTACHMENT G
BRAZOS COUNTY
INCIDENT RESPONSE PLAN
Adopted , 2012
Vol. 1 !n3 P 9/_
Brazos County
Incident Response Plan
Overview
Pursuant to Contract #13- CO010, § 6.4.1.1, this Incident Response Plan is designed
to provide a general guidance to county staff, both 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. 6- Pg. 3
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
a 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. �D c J" Pg. _1_! ---
Incident Contact List
OAG Contact Information
County Contact Information
- 1-M M -::
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OAG Chief of
Information Security
Willis Harvey
512-936-1320
vAllie.harvey@texasaftomeygeneraLgov
Officer
I
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OAG Contract
I
Allen Broussard
51246"3731allen.broussard@tmsattomsygeneral.gov
I
Manager
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County Contact Information
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Chief of Information
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Security Officer
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County Contract Manager
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Operations Center
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information Privacy Office
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Network Architecture
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Business Applications
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Internal Auditing
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1 &6
Vol. pg.
Incident Identification
Date Updated:
Attachment One
Incident Detector's Information:
Name:
Title:
Phone:
Email:
Detector's
Signature:
Type of Incident Detected:
• Denial of Service • Unauthorized Use • Espionage . Probe Hoax
• Malicious Code • Unauthorized Access • Other
Incident Location:
Site:
Site Point Of Contact:
Phone:
Email:
How was the Intellectual
Property Detected:
Additional Information:
Date Signed:
Page 6 of 9
Vol. pg,_96_
Date and Time
Detected:
Location Incident
Detected From:
Incident Survey
Attachment Two
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. Pg.
Incident Containment
Date Updated:
CISO approved removal from network? YES NO
If YES, date and time systems were removed:
If NO, state reason:
Attachment Three
I. til S�1'� 4) ;
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.— / (V Pg. -11f
Attachment Four
Incident Eradication
Date Updated:
Name of person(s) performing forensics on systems:
Was the vulnerability identified: YES NO
Describe:
Page 9 of 9
Voi. Ito Pg.
Office of the Attorney General — Child Support Division
Certificate of Destruction for Contractors and Vendors ATTACHMENT H
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'inethods for media sanitization are listed in the NIST
Special Publication 800 -88, Guidelines for Media Sanitization htto / %src nisi aov /pubiications/nisloubs /800- 88MISTSP800 -88 revl Ddf
Contact Name Title Com an Name and Address Phone
You may attach an.inventory of the media if needed for bulk media disposition or destruction.
Media Type Media Title / Document Name
HARD COPY ELECTRONIC
Media Description 1 .
(Paper, Microfilm, Computer Media, Tapes, etc.)
Dates of Records
Document / Record Tracking Number OAG.Iteff Number ...Make [Model Serial Number
CLEAR Who Completed? Who Verified?
Item Sanitization PURGE Phone Phone
DESTROY. - .DATE Completed .
Sanitization Method and/or.Pmduct Used'.- :4
Reused Internilt . Desttvction /Vs osat
Final Disposition of Media Reused -Extemall . Returned to- Manufacturer
Other:
Comments
If any OAG Data is retained, Indicate the type of..storage media; physicaI ocatiorts(s),.and any planned.destruction date.
Description of OAG Data Retained and Retention Re uirernents: "
Proposed method of destruction for OAG approval: Type_ of storage,media
PhysicallccaWh? -
Planned destruction date?
Within.five days of destruction or puting, provide the OAGW a signed statemen.tcontalning.the date.of clearing,
purging or destruction, description of 'OAG •data cleared, purged: or,desttoyed the method(s;) used:
Authorized. approval has beeivrecetved the destruction.of media identified above acid has.met ail 0AG Records
Retention Schedule requirements inciiiding. state,-federal and /br intemat.audit.requirements and is not pending any open
records requests.
Records Destroyed by: Records Destruction Verified by:
Signature Date Signature Date
Be sure to enter name and contact Info for who completed the data destruction and who verified data destruction in the fields above.
Send the signed Certificate of Destruction to:
OAG: Child Support Division, Information Security Office, PO Box 12017, Austin, TX 78711-2017".
SH Revised: 02 -08 -12 11 1 of 2
Vol. �� _ Pg. —/00
Office of the Attorney General — Child Support Division
Certificate of Destruction for Contractors and Vendors ATTACHMENT H
INSTRUCTIONS FOR CERTIFICATE OF DESTRUCTION .
Hard copy and electronic. media must be sanitized prior to or release. for reuse. ' OAG tracks, documents,
and verifies media sanitization and disposal actions. The media must be protected and contro lled by authorized
personnel during transport outside of controlled areas. Approved methods for'media sanitization are listed 'in the KIST
Special Publication 800 -88, Guidelines for Media Sanitization htto• / /csrc nisi gov/publi6atiobs/ni 88 rev) 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 (PII) 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 Cony 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
Information Security Office
PO Box 12017
Austin, TX 78711 -2017
FAX to: 512 - 460 -6Q70
or send as an email attachment to:
Willie .Harvey(cDcs.oau.state.tx.us
Final Distribution
Original to: . - Willie Harvey, Information Security-Officer 512= 46.0- 67G4.-
of Certificate
Copy: to: - 1: Your Company Records Management Liaison - or - Information Security Officer
2: CSD Manager
SH Revised: 02 -08 -12 2 of 2
V0 l l� p o /
CONTRACT AND AGREEMENT FOR SECURE LONG -TERM
RESIDENTIAL SERVICE OF TUVENILE OFFENDERS
SPACE AVAILABLE
STATE OF TEXAS
COUNTY OF MILAM
4M YOUTH SERVICES, INC
dba ROCKDALE REGIONAL JUVENILE JUSTICE CENTER
Residential Services
September 1, 2012 - August 31, 2014
This Agreement is entered into by and between Brazos County, at the request of and on behalf of
the Brazos County juvenile Probation Department and 4M Youth Services, Inc., dba Rockdale
Regional Juvenile Justice Center, a Texas for - profit corporation, licensed to provide child care
services by the Texas Juvenile Justice Department, and /or any other appropriate State agency
with licensure or regulatory authority over this facility ( "Service Provider ").
ARTICLE I
PURPOSE
1.01 The purpose of this Residential Services Agreement is to provide Juvenile Probation with long
term residential care for children adjudicated to have committed delinquent conduct or conduct
indicating a need for supervision. The placement facility to be utilized is owned and operated by
Service Provider, and is located at 6% N FM 487, Rockdale, Texas 76567. The business office of
Service Provider is 696 N. FM 487, Rockdale, Texas 76567.
ARTICLE II
TERM
2.01 The term of this agreement is for 24 months, commencing September 1, 2012 and ending August
31, 2014.
ARTICLE III
SERVICES
3.01 Service Provider will provide the following level of care services:
A. Basic
B. Specialized
C. Intensive
The three level of care service delivery criteria as well as the required description of the
characteristics of children will be in accordance with the definitions determined by the
Texas Juvenile Justice Department.
X101. 16 Pg. /0A
Rockdale Regional Juvenile Center
Residential Services Agreement
September 1, 2012 — August 31, 2014
3.02 Service Provider will perform the following services:
A. Provide basic residential services, including: standard supervision by qualified adults,
food and snacks, recreation, personal hygiene items, hair cuts, transportation, school
supplies, room, (rent, utilities, maintenance, telephone), as agreed by Juvenile Probation.
B. Provide and document paraprofessional counseling, off - campus visits or furloughs,
major incidents and worker contacts. Any and all associated with off - campus visits or
furloughs will be paid by the parent or guardian.
C. Ensure that the child's parent(s) or legal guardian(s) and Juvenile Probation are notified if a
child in placement makes an unauthorized departure, becomes seriously ill, or is involved in
a serious accident. The Probation Officer and parents will be informed immediately if during
working hours. After normal working hours, every effort will be made to notify juvenile
Probation and the parents. In the event of serious illness or accident and for any required
follow -up care Service Provider shall be responsible for having the child transported to the
nearest hospital or emergency care facility.
D. Provide to the Juvenile Probation Department a written Individualized Treatment /Case
Plan developed in concert with the client and mutually agreed upon by the appropriate
Service Provider staff and the Probation Officer within thirty (30) days of placement. Said
individualized Treatment /Case Plan shall include measurement of progress towards goals
in the following nine (9) domains: medical; safety and security; recreational; educational;
mental/ behavioral health; relationship; socialization; permanence; parent and child
participation.
E. Initiate and document meetings to review the Individualized Program Plan with the child
and the assigned Residential Services Probation Officer at reasonable intervals, not to exceed
ninety (90) days, to assess the child's progress toward meeting goals set forth, making
modifications when necessary, and determining the need for continued placement outside
of the child's natural home. The Individualized Treatment Plan shall contain the reasons
why the placement may benefit the client; shall specify behavioral goals and objectives being
sought for each client; shall state how the goals and objectives are to be achieved in the
placement; shall state how the parent(s), guardian(s), and, where possible, grandparents and
other extended family members will be involved in the program plan to assist in preventing
controlling the child's objectionable behavior.
F. Maintain copies of the original Individualized Program Plan and the periodic reviews.
G. Provide the Juvenile Probation Department with a written report of the child's progress on
a monthly basis in a Monthly Progress Report.
H. Document and maintain records pertaining to the effectiveness of goods and services
provided to contracted children. These records shall contain, but are not limited to:
percentage of youth in program successfully achieving set educational goals, percentage
of youth achieving set vocational goals, percentage of youth achieving set social skills goals,
percentage of youth demonstrating overall progress, number and type of investigations
made by the Department of Family and Protective Services or any law enforcement agency
due to reports of abuse and /or neglect. These records shall be made available to Juvenile
Probation for periodic inspection.
2
Vol. Pg. /U3
Rockdale Regional Juvenile Center
Residential Services Agreement
September 1, 2012 — August 31, 2014
I. Any and all medical/ psychiatric treatment and medication required to meet the needs of the
child, as well as clothing, or other expenses not provided for in the Service Provider's
program, shall be the sole responsibility of the said child's parent(s), guardian(s) , court
ordered appointed conservator or juvenile Probation, to be paid by either juvenile
Probation, health insurance or Medicaid coverage. However in no case shall a child be
denied any needed medical/ psychiatric treatment or clothing due to the inability to pay.
ARTICLE IV
EVALUATION CRITERIA
4.01 The performance of Service Provider in achieving the goals of Juvenile Probation will be
evaluated on the basis of the output and outcome measures contained in this section. Juvenile
Probation, at its discretion, may use other means or additional measures to evaluate the
performance of Service Provider in fulfilling the terms and conditions of the Agreement.
A. juvenile Probation shall evaluate Service Provider's performance under this Agreement
according to the following specific performance goals for Service Provider:
1. Ensure children complete residential placement.
2. Prevent re- referrals of children during the six (6) months following release from
residential placement.
3. Ensure children move down in their Level of Care as they progress in the treatment
program.
B. Juvenile Probation shall additionally evaluate Service Provider by the following output
measures (in actual numbers of units of service and activities):
1. The total number of children placed in residential placement.
2. The total number of children who were discharged from residential placement
successfully.
3. The total number of re- referrals of children discharged from placements within six (6)
months after release.
4. The total number of children who move down in their Level of Care.
5. The average length of time before a child moves down in the Level of Care.
C. Juvenile Probation shall further evaluate Service Provider by the following outcome
measures:
1. Percentage of children in residential placement who will complete their placement
as a successful discharge.
2. Percentage of children who have completed their placement and not re- referrals within
six (6) months after release.
3. Percentage of children who move down in their Level of Care.
4.02 Service Provider shall report on a monthly basis to juvenile Probation as to each of the
foregoing output and outcome measures. These reports will be reviewed by Juvenile
Probation in order to monitor Service Provider for programmatic compliance with this
Agreement.
ARTICLE V
COMPENSATION
5.01 For and in consideration of the above - mentioned services, Juvenile Probation agrees to
pay the Service Provider the sum of 98 per day for each child, admitted under
"Moderate" Level of Care, 140 per day for each child admitted under "Specialized"
3
Vol. /(0-5 Pg . l e) 4
Rockdale Regional Juvenile Center
Residential Services Agreement
September 1, 2012 — August 31, 2014
Level of Care and $225 per day for each child admitted under "Intensive" Level of Care.
The Levels of Care are defined by the Texas Juvenile Justice Department. The daily
rate shall be paid to the Service Provider for each day a child is in residential placement
pursuant to billing and paying procedures agreed upon by Juvenile Probation and
Service Provider. For children participating in sex offender treatment, the cost of the
Offense Summary Polygraph and the Sexual History Polygraph will be paid by the
Service Provider at a rate of $175 per exam. Additional polygraphs required due to the
child failing one or both of the aforementioned exams will be paid by juvenile Probation
at a rate of $175 per exam. The cost is based on the projected actual cost of care for
children in the facility. Payment is due within 30 days of receipt of billing.
5.02 Service Provider will submit an invoice for payment of services to the Juvenile Probation Fiscal
Officer on a monthly basis. Said invoice shall be submitted with ten (10) working days
following the end of the invoiced month and shall include information deemed necessary for
adequate fiscal control, including but not limited to: to be attributed to specific clients if
appropriate, date service was rendered, total daily cost, and total monthly cost. Each invoice
received for payment will be reviewed by Juvenile Probation in order to monitor Service
Provider for financial compliance with this Agreement. Invoices submitted by Service Provider in
proper form shall be paid by Juvenile Probation in a timely manner.
5.03 If an emergency examination, EMS treatment, health care treatment, and /or hospitalization
outside the Facility ( "Outside Treatment") are required for a child placed in the Facility, the
Administrator of the Facility is authorized to secure the Outside Treatment at the expense of
the Juvenile Probation. Juvenile Probation agrees to indemnify and hold the Service Provider,
its officers, administrator, representatives, agents, shareholders and employees from any and all
liability for charges for Outside Treatment. The Administrator shall notify Juvenile Probation of
Outside Treatment within twenty-four (24) hours of its occurrence.
5.04 Service Provider shall account separately for the receipt and expenditure of any and all state
funds received from Juvenile Probation under this contract. Service Provider shall account
separately for state funds received and expended utilizing the following Generally Accepted
Accounting Practices (GAAP):
1. Service Provider has an outside audit completed on a yearly basis which specifies
receipt and expenditure of State funds. Service Provider shall forward a copy of the
annual outside audit to Juvenile Probation by March 1 following the end of the fiscal
year.
2. If Service Provider does not obtain an annual outside audit, then Service Provider shall
provide a separate accounting of funds received from Juvenile Probation in whole or in
part paid from state funds. The accounting shall clearly list the state funds received
from Juvenile Probation and account for expenditures of said funds including
documentation of appropriate expenditures as well as the year's tax forms and
documentation. The accounting shall be provided to Juvenile Probation thirty (30) days
prior to the renewal date of the contract.
5.05 It is understood and agreed by Service Provider that this Agreement is funded in whole or in
part with grant or state funds and shall be subject to termination without penalty, either in
whole or in part, if funds are not available or are not appropriated by the Texas Legislature.
5.06 In the event that State Reimbursement Rates are increased during the duration of the terms of
this contract, the new rates will become effective reflecting those of the increase.
Vol. ,�D 4 Pg. /r
Rockdale Regional Juvenile Center
Residential Services Agreanent
September 1, 2012 — August 31, 2014
5.07 Service Provider agrees to make claims for payment or direct any payment disputes to Juvenile
Probation's Fiscal Officer. Service Provider will not contact other department employees
regarding any claims of payment.
5.08 Service Provider will provide certification of eligibility to receive State funds as required by
Texas Family Code Section 231.006.
5.09 Except to the extent that a party to this Agreement seeks emergency judicial relief, the parties
agree to negotiate in good faith in an effort to resolve any disputes related to this contract that
may arise, no matter when the dispute may arise. If a dispute cannot be resolved by
negotiation, the dispute shall be submitted to mediation before the parties resort to arbitration
or litigation. The parties shall choose a mutually acceptable mediator to mediate the dispute,
and the parties shall pay the costs of mediation services equally.
ARTICLE VI
ADDITIONAL TERMS & AGREEMENTS
6.01 Prior to transporting a child to the Facility for placement, the official authorizing the placement
shall call the Facility to ensure that space is available. Placement of children by authorized
officer's of Juvenile Probation may be denied if space limitations require as determined by the
Facility.
6.02 A child will only be accepted in the Facility upon receipt by the Facility Administrator of a
proper order from the Juvenile Court of Brazos County.
6.03 Each child placed in the Facility shall be required to follow the rules and regulations of conduct
as fixed and determined by the Administrator and staff of the Facility.
6.04 If a child is accepted by the Facility from Juvenile Probation and the child thereafter is
determined to be, in the sole judgment of the Administrator, mentally unfit, dangerous, or
unmanageable, or whose mental or physical conduct would or might endanger the other
occupants of the Facility, then the Administrator shall,notify the Juvenile Probation Department
of Brazos County of this determination. The child shall be removed immediately from the
Facility. It will be the responsibility of Juvenile Probation to provide for the transportation for
the removal of the child.
6.05 Service Provider, agrees that the Facility will accept any child who qualifies, without regard to
such child's religion, race, creed, sex or national origin.
6.06 It is understood and agreed by the parties that children placed in the Facility under proper
orders of the appropriate Juvenile Court shall not be discharged from the Facility until the
Administrator of the Facility receives a written authorization from the Juvenile Probation
Department that originally detained the child.
6.07 It is further understood and agreed by the parties that children placed in the Facility may be
released to the Probation Officer or other appropriate authority of Brazos County pursuant
to: (a) section 6.04 of this Agreement, (b) an Order of Release signed by the Judge of the Juvenile
Court of Brazos County.
6.08 It is further understood and agreed by the parties that nothing in this contract shall be
construed to permit Brazos County, its agents, servants, or employees in any way to
manage control, direct or instruct Service Provider, its director, officers, employees, agents,
1(0-5 P /0 lv
Vol. g.
Rockdale Regional Juvenile Center
Residential Services Agreement
September 1, 2012 — August 31, 2014
shareholders and designees in any manner respecting its work, duties or functions pertaining to
the maintenance and operation of the Facility. However, it is also understood that the Juvenile
Court of Brazos County shall control the conditions and terms of detention supervision as
to a particular child pursuant to Texas Family Code, Section 51.12.
6.09 Juvenile Probation reserves the right to terminate the client's placement with Service Provider
at its discretion. Service Provider must not release a client to any person or agency other than
Juvenile Probation without the express consent of an authorized agent of Juvenile Probation.
6.10 This contract, terms and agreements are transferable.
ARTICLE VII
EXAMINATION OF PROGRAM & RECORDS
7.01 Service Provider agrees that it will permit Juvenile Probation to examine and evaluate its
program of services provided under the terms of this agreement and /or to review its record
periodically. This examination and evaluation of the program may include site visitation,
observation of programs in operation, interview and the administration of questionnaires to the
staff of Service Provider and the children when deemed necessary.
7.02 Service Provider shall provide to Juvenile Probation such descriptive information contracted
children as requested on forms provided by Juvenile Probation.
7.03 For purpose of evaluation, inspection, auditing or reproduction, Service Provider agrees to
maintain and make available to authorized representatives of the State of Texas or Juvenile
Probation any and all books, documents or other evidence pertaining to the costs and expenses
of this Agreement.
7.04 Service Provider will keep a record of all services provided to Juvenile Probation under this
Agreement, and upon reasonable notice will provide information, records, papers, reports, and
other documents regarding services furnished as may be requested by Juvenile Probation.
Service Provider will maintain the records (as referenced above) for three (3) years after the
termination of this Agreement.
7.05 "Contractor understands that acceptance of funds under this contract acts as acceptance of the
authority of the State Auditor's Office, or any successor agency, to conduct an audit or
investigation in connection with those funds. Contractor further agrees to cooperate fully with
the State Auditor's Office or its successor in the conduct of the audit or investigation, including
providing all records requested. Contractor will ensure that this clause concerning the
authority to audit funds received indirectly by subcontractors through the Contractor and the
requirement to cooperate is included in any subcontract it awards."
ARTICLE VIII
CONFIDENTIALITY OF RECORDS
8.01 Service Provider shall maintain strict confidentiality of all information and records relating to
children involved in Juvenile Probation, and shall not re- disclose the information except as
required to perform the services to be provided pursuant to this Agreement, or as may be
required by law.
6
Vvl. / ( e-5 P9 /6
Rockdale Regional Juvenile Center
Residential Services Agreement
September 1, 2012 — August 31, 2014
ARTICLE IX
DUTY TO REPORT
9.01 As required by § §261.101 and 261.405 of the Texas Family Code, Service Provider shall report
any allegations or incident of abuse, exploitation or neglect of any child (including but not
limited to a juvenile that has been placed by Juvenile Probation) within twenty-four (24) hours
from the time the allegation is made, to all of the following:
A. Local law enforcement agency (such as the Milam County Sheriff's Office);
B. Texas Juvenile Justice Department by submitting a TJJD Incident Report Form to
facsimile number 1- 512 - 424 -6717 (or if unable to complete the form within 24 hours, then by
calling toll -free 1- 877 - 786 -7263, followed by submitting the report within 24 hours of said
call); and
C. Brazos County Juvenile Probation Department
ARTICLE X
DISCLOSURE OF INFORMATION
10.01 Service Provider warrants that, prior to entering this contract, it has verified and disclosed the
following information to Juvenile Probation, and agrees that it shall have an ongoing
affirmative duty under this Agreement to promptly ascertain and disclose in sufficient detail
this same information to Juvenile Probation:
A. Any and all corrective action required by any of Service Provider's licensing authorities;
B. Any and all litigation filed against the Service Provider, or against its employees, interns,
volunteers, subcontractors, agents and /or consultants that have direct contact with juveniles;
C. Any arrest of any employee, intern, volunteer, subcontractor, agent and /or consultant of the
Service Provider that has direct contact with juveniles;
D. Any finding of "Reason to Believe" by a state regulatory agency in a child abuse, neglect and
exploitation investigation where an employee, intern, volunteer, subcontractor, agent and /or
consultant of the Service Provider that has direct contact with juveniles was the alleged or
designated perpetrator;
E. The identity of any of the Service Provider's employees, interns, volunteers, subcontractors,
agents and /or consultants that have direct contact with juveniles that are registered sex
offenders; and
F. The identity of any of the Service Provider's employees, interns, volunteers, subcontractors,
agents and /or consultants that have direct contact with juveniles that have a criminal history.
For the purpose of this Agreement, the term "criminal history" shall include: (1) current
felony or misdemeanor probation or parole; (2) a felony conviction or deferred adjudication
within the past ten years; or (3) a jailable misdemeanor conviction or deferred adjudication
within the past five years.
ARTICLE XI
EQUAL OPPORTUNITY
7
nor. ( P" 108
Rockdale Regional Juvenile Center
Residential Services Agreement
September 1, 2012 — August 31, 2014
11.01 Service Provider agrees to respect and protect the civil and legal rights of all children and their
parents. During the performance of this contract the Service Provider agrees it:
(a) Will not discriminate against any child, childcare provider, parent, employee or applicant for
employment because of race, color, religion, sex or national origin including but not limited
to employment, promotion, demotion or transfer, recruitment or advertising, lay -off or
termination, rates of pay or other forms of compensation and selection for training, including
apprenticeship. The Service Provider agrees to post in conspicuous places, available to
employees and applicants for employment, notices to be provided setting forth the provision
of this non - discrimination.
(b) Will, in all solicitations or advertisement for employees placed by or on behalf of the Service
Provider, state that all qualified applicants for positions in the Facility, will receive
consideration for employment without regard to race, color, religion, sex, or national origin.
(c) Shall abide by all applicable federal, state and local laws and regulations.
ARTICLE XII
OFFICIALS NOT TO BENEFIT
12.01 No officer, employee or agent of Juvenile Probation and no member of its governing body and
no other public officials of the governing body of the locality or localities in which the project is
situated or being carried who exercise any functions or responsibilities in the project, shall
participate in any decision relating to this Agreement which affects or conflicts with his /her
personal interest or have any personal or pecuniary interest, direct or indirect, in this Agreement
or the proceeds thereof.
ARTICLE XIII
DEFAULT SANCTIONS PENALTIES FOR BREACH OF CONTRACT
13.01 Juvenile Probation may, by written notice of default to Service Provider, terminate the whole
or any part of this Agreement, as it deems appropriate, in any one of following circumstances:
A. If Service Provider fails to perform the work called for by this Agreement within the time
specified herein or any extension thereof; or
B. If Service Provider fails to perform any of the other material provisions of this Agreement,
including failure to achieve the defined goals, outcomes, and outputs, or so fails to prosecute
the work as to endanger the performance of this Agreement in accordance with its terms, and
in either of these two circumstances after receiving notice of default, Service Provider does
not cure such failure within a period of ten (10) days.
C. Except to the extent that a party to this Agreement seeks emergency judicial relief, the parties
agree to negotiate in good faith in an effort to resolve any disputes related to this contract that
may arise, no matter when the dispute may arise. If a dispute cannot be resolved by
negotiation, the dispute shall be submitted to mediation before the parties resort to arbitration
or litigation. The parties shall choose a mutually acceptable mediator to mediate the dispute,
and the parties shall pay the costs of mediation services equally.
D. The prevailing party in any lawsuit arising out of this Agreement will be entitled to
Attorney's fees from the other party, including actions for declaratory relief.
E. All notices required under this Agreement shall be in writing. They shall be sent by fax or by
8
Vol. CD p 19
Rockdale Regional Juvenile Center
Residential Services Agreement
September I, 2012 — August 31, 2014
registered U.S. mail, return receipt requested, to the party at the addresses listed below. A
party must provide notice of a change of address during the term of this Agreement. Unless
specified otherwise, notices required in this Agreement shall be deemed to have been received
when actually receive.
4M Youth Services, Inc. Brazos County
696 N FM 487 1904 W SH 21
Rockdale, Texas 76567 Bryan, Texas 77803
F. Captions in this Agreement are for convenience only and shall be deemed irrelevant in
construing the provisions of the Agreement.
G. The parties intend that, in construing and enforcing the provisions of the Agreement,
mediators and judges shall give maximum effect to the principles of contractual freedom and
contractual enforceability.
H. If any court finds any provision of this Agreement to be invalid or unenforceable, this finding
shall not affect the validity or enforceability of any other provision of the Agreement.
I. No express or implied waiver by any party of any right of that party under this Agreement in
any specific circumstance shall be considered to waive that right of that party in any other
circumstance.
J. The covenants and agreements in this Agreement are binding on and issued to the benefit of
the parties and their respective heirs, executors, administrators, legal representatives,
successors, and assigns.
ARTICLE XIV
TERMINATION
14.01 The term of this Contract shall be for a period of twenty four months from the effective date:
however, if either party feels in its judgment that the contract cannot be successfully continued,
and desires to terminate this contract, then the party so desiring to terminate may do so by
notifying the other party in writing, by certified mail or personal delivery to its principal office,
of its intention to terminate the contract thirty (30) calendar days from the date of the Notice of
Termination. At 12:00 o'clock Midnight, thirty (30) calendar days after the date of the Notice of
Termination, this contract shall terminate, become null and void, and be of no further force or
effect. Such termination shall not affect or diminish Brazos County's responsibility for
payment of any amounts due and owing at the time of termination of the contract. Brazos
County shall remove at its expense all children placed in the Facility on or before the termination
date.
ARTICLE XV
WAIVER OF SUBROGATION
15.01 Service Provider expressly waives any and all rights it may have of subrogation to any claims
or rights of its employees, agents, owners, officers, or subcontractors against Juvenile Probation.
Service Provider also waives any rights it may have to indemnification from Juvenile Probation.
9
Vol. /(0
Pg. l 1 d
Rockdale Regional Juvenile Center
Residential Services Agreement
September 1, 2012 — August 31, 2014
ARTICLE XVI
INDEMNIFICATION
16.01 It is further agreed that Service Provider will indemnify and hold harmless Brazos County
against any and all negligence, liability, loss, costs, claims or expenses arising out of wrongful
and negligent act(s) of commission or omission by Service Provider, its agents, servants or
employees arising from activities under this contract. Service Provider shall have no obligation
to indemnify and hold harmless Brazos County for any act(s) of commission or omission of
the County or the County's agents, servants, or employees arising from or related to this contract
for which a claim or other action is made.
ARTICLE XVII
SOVEREIGN IMMUNITY
17.01 This Agreement is expressly made subject to Brazos County's Sovereign Immunity, Title 5
of the Texas Civil Practices and Remedies Code, and all applicable federal and state law. The
parties expressly agree that no provision of this Agreement is in any way intended to constitute a
waiver or any immunities from suit or from liability that the Brazos County has by
operation of law. Nothing in this Agreement is intended to benefit any third party beneficiary.
ARTICLE XVIII
REPRESENTATIONS & WARRANTIES
18.01 Service Provider hereby represents and warrants the following:
A. That it has all necessary right, title, license and authority to enter into this Agreement;
B. That is qualified to do business in the State of Texas; that it hold all necessary licenses and
staff certifications to provide the type (s) of services being contracted for; that it is in
compliance with all statutory and regulatory requirements for the operations of its business;
and that there are no taxes due and owing to the State of Texas, the County of Brazos, or
any political subdivision thereof;
C. Service Provider will maintain in force policies of general liability insurance against loss to
any person or property occasioned by acts or omissions of Service Provider. Certified copies
of original insurance policies shall be furnished to Juvenile Probation. Furthermore
the Juvenile Probation shall be notified immediately upon any changes in the status
of insurance policies and shall promptly furnish updated certificates of insurance to Juvenile
Probation.
D. That all of its employees, interns, volunteers, subcontractors, agents and /or consultants will
be properly trained to report allegations or incidents of abuse, exploitation or neglect of a
juvenile in accordance with the requirements of Texas Family Code Chapter 261 and any
applicable Texas Juvenile Justice Department administrative rules regarding abuse,
neglect and exploitation allegations.
ARTICLE XIX
TEXAS LAW TO APPLY
19.01 This Agreement shall be construed under and in accordance with the laws of the State of Texas,
and all obligations of the parties created hereunder are performable in Milam County, Texas.
ARTICLE XX
10
Vol. 145 Pg. 1 /
Rockdale Regional Juvenile Center
Residential Services Agreement
September I, 2012 — August 31, 2014
VENUE
20.01 Exclusive venue for any litigation arising from this Agreement shall be in Milam County, Texas.
ARTICLE XXI
LEGAL CONSTRUCTION
21.01 In case any one or more of the provisions contained in this Agreement shall for any reason be
held to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or
unenforceable provision shall not affect any other provision thereof and this Agreement shall
be construed as if such invalid, illegal or unenforceable provision had never been contained
therein.
ARTICLE XXII
PRIOR AGREEMENTS SUPERSEDED
22.01 This Agreement constitutes the sole and only Agreement of the parties hereto and supersedes
any prior understandings or written or oral Agreement between the parties respecting the
within subject matter.
This Contract and Agreement is executed with the declared intention of the parties that this Contract and
Agreement is a contract providing for the care of children who have allegedly committed an act of
delinquency or an act indicating a need for supervision, and payment for such care will be made by
Brazos County for the children placed in the Facility by the Judge of Brazos County having juvenile
jurisdiction.
EXECUTED IN DUPLICATE, EACH OF WHICH SHALL HAVE THE FULL FORCE AND EFFECT OF
AN ORIGINAL.
L111 je--
IN WITNESS WHEREOF, we hereunto affix our signature this jq!t--day of
20Vr
Brazos County
Prob ' Depar ent
Chief Juve ' Pro ation Officer
4M Youth Services, Inc.
7
C-
Tia Coleman- Garrett
Facility Administrator
Brazo
Authorized Personnel
11
Vol. /(0-5 pg.
BRAZOS COUNTY
COMMISSIONERS' COURT'ACTION FORM
DEPA RTMENT Road and Bridle NUMBER 56001000
DATE OF COURT MEETING: August 14, 2012
ITEM: Reques from Vess Oil Corporation to construct an 80' road bor fo placement of a low
pressure gas I)* peline in the right of wU_�of Sand Creek Road. Company check in the amount of
$500 00'accompanies this request =Site is located in Precinct 2.
SOURCE OF FUNDS: N/A
EXCEPTIONS/NOTES Deposit $500.00 road crossing fee to Account No. 01- 460650.
REQUIREMENTS
• No work will be permitted between front slope and/or back slope.
• No work shall be done within 3' of driveway culverts measured from outside culvert walls.
• All installation(s) shall be constructed in designated utility easements, if applicable. If no utility easement
exists, the installation(s) be 1) within 3 -5' of and parallel to the right -of -way line and/or, 2) in the case of
a road bore, perpendicular to the right -of -way line.
• if clearing of brush, trees and other obstruction is necessary, it shall be the Applicant's responsibility to do so
and to remove all cleared brush, trees etc. from county right -of -way.
• All disturbed areas shall be compacted in 8' lifts to 90% density ASTM -Test Method No. D -698; test shall be
conducted by an independent geotechnical testing firm; copies of all test results shall be furnished to the office
of the Brazos County Engineer..
• All disturbed areas will be seeded after completion of grading.
• Construction shall be in' strict conformance to the latest Texas Manual of Uniform Traffic Control Devices for
Streets and Highways, published by the Texas Department of Transportation, and all other State and Federal
laws governing utility construction.
• Notification.48 hours prior to beginning work to meet with inspector from Brazos County at project site.
• Provide "as built" drawing with "pothole" depths at centerline of ditches within 21 days of completion.
SUBMITTED BY:
R. Alan Munger, P. .
County Engineer
CC2012 -031
IM
Sammy Catalena
This Request i Ap roved , ' ®r enied ❑, by Commissioners' Court
Dat -
Duane Peters, County Judge
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FROM: REF:
IICSS D i Crossing X and /or Parallel Installation
PD Road: :Se� cir e.�
Precinct Number: - 04
Formal notice is her given that (applicant) i proposes to
place a (type) (auS _ pipeline within the right -of -way of (road)
in Brazos County, Texas as follows:
The location or description of the proposed installation is more fully shown by three
copies of the drawings attached to this notice.
I understand and agree:
The County Engineer must be notified prior to the beginning of construction in order that a
designated inspector may inspect the actual installation.
2. That all damage to the roadways and rights -of -way will be repaired to their original condition
to the satisfaction of the County Engineer.
3. That Brazos County reserves the right to require Applicant to relocate or lower any such line
at no cost to Brazos County, should same become necessary due to widening or lowering, or
other alteration of the roadway or right -of -way.
4. That Brazos County will in no way be responsible for any damage which may occur to any
existing utility lines in the right -of -way:
5. That the line will be constructed and maintained on the County right -of -way in accordance with the
Utility Accommodation Policy which was adopted by the Texas Department of Transportation on May
29, 1 989.
6. That the line or lines will be constructed no less than forty-eight inches (48 ") lower than the lowest part
of the drainage or bar ditch and the drainage is to be considered at least two feet (2) below the center
of the roadway.
7. That all roads shall be bored in accordance with the Utility Accommodation Policy of the Texas
Department of Transportation dated 1989.
8. That all sites will be barricaded during the construction period.
9. That the normal charge is $500.00 per crossing and /or $130.00 per rod when paralleling the roadway
established by the Commissioners Court on December 21, 2004.
10. Ditch line shall be compacted to 90% standard density ASTM -Test Method No. D -698; test shall be
conducted by an independent geotechnical testing firm; copies of all test results shall be furnished to
the office of the Brazos County Engineer.
11. Construction shall be in strict conformance to the latest Texas Manual on Uniform Traffic Control
Devices for Streets and Highways published by the Texas Department of Transportation, and all other
State and Federal laws governing utility construction.
Construction of this line will begin on or after the 6P day of O n L,047 _ 0 vlat
APPROVED BY COMMISSIONERS'
C0_URT _ONE
APPLICANT:
On
Company Name
P c6ne-,
Duane Peters, County ge / epresentative /Title Company
9.
V '4 � , ,
BRAZOS COUNTY
COMMISSIONERS' COURT ACTION FORM
DEPARTMENT Road and Bridge DEPT. NUMBER 56001000
DATE OF COURT MEETING: August 14, 2012
ITEM: Consider a nd take action on acceptance of the road constructi and ot her improvements
o Field Cree Estates Phase 2 as specified in the Brazos County Su bdivision and Development
Regulation Article IX C and Article IX .D (pertaining to Enforcement and Extension when good
cause exists Developer a agrees to com 1 with the Coun 's re uest to a 1 corrective seal coat
overla to t he roadwav(s) by October 15 2012 prior to be inning? of the developer's 2 -near
maintenance agreement period. Site is located in Precinct 2.
SOURCE OF FUNDS: N/A
NOTES /EXCEPTIONS:
SUBMITTED BY:
R. Alan Munger, P. .
County Engineer
CC2012 -033
This Request is A roved _S (or) Denied by Commissioners' Court
Date
E. Duane Peters, County Judge
Vol.
j �p Pg. - .
Rostell Chapman
3030 University Drive E.
College Station, TX 77 840
July 30, 2012
Brazos County Road & Bridge
County Engineer
2617 Hwy 21 W.
Bryan, TX 77803
Re: County Acceptance - Field Creek Phase 2
Attn: Mr. Alan Munger
Dear Mr. Munger,
According to your recommendation, I agree to install a single coarse chip seal on
the asphalt roads in Field Creek Subdivision - Phase 2. This work will be completed by
October 15, 2012. With this agreement, Brazos County Road & Bridge Department
agrees to accept this project and begin our 2-year maintenance period,
Sind date'+
Rostell Chapman
RJAL Chapman Real Estate, LLC
Vol. )19 Pg.
0
BRAZOS COUNTY
ROAD AND BRIDGE DEPARTMENT
Memorandum
To: Duane Peters, County Judge
Sammy Catalena, Commissioner Precinct 2
From: Alan Munger, P.E. l
County Engineer
Date: August 8, 2012
Subject: Field Creek Estates Phase 2 — Construction Acceptance /Approval
Road construction in Phase 2 of Field Creek Estates was completed in April of 2012. This office
inspected the work and found the road construction inadequate for acceptance.
After numerous meetings with the developer, Rostell Chapman, and his contractor, it was agreed
that the County would approve the road construction provided a corrective seal coat was placed
over the hot mix roadway (which did not attain proper compaction requirements).
As requested, Mr. Chapman has committed to complete the seal coat overlay process by October
15, 2012. Due to the nature of hot mix asphalt, we will have a more successful seal coat overlay
if the hot mix has at least 6 months of weathering for all of the excess volatile oils to evaporate.
This will prevent "bleeding" through the seal coat in the future.
We consider all of the steps taken for approval appropriate; therefore, we recommend
construction acceptance under Article IX.0 and Article IX.D (which will enable the developer to
proceed with lot development without further security) prior to October 15, 2012.
Vol.
BRAZOSCOUNTY
COMMISSIONERS' COURT ACTION FORM
DEPA RTMENT Road and Bridge NUMBER 56001000
DATE OF COURT MEETING: August 14, 2012
ITEM: Re u, from Weber Energy placement of a tem or 10" aluminum water line'in the
rig of wa of Wilcox Lane. Site is located in Precinct 2.
SOURCE OF FUNDS: N/A '
EXCEPTIONS/NOTES
REQUIREMENTS
• No work will be permitted. between front slope and'or back slope.
• No work shall be done within 3' of'driveway culverts measured from outsideculvert walls.
• All installation(s) shall be constructed in designated utility easements, if applicable. if noutility easement
exists, the installafion(s) shall be 1) within 3-5' of and parallel to the right- of-way line and /or,.2) in the case of a
road bore, perpendicular to the right-of-way line.
• If clearing of brush, trees and other obstruction is necessary, it shall be the Applicant's responsibility to do so
and to remove all cleared'brush, trees etc._ from county right-of- -way.
• All disturbed areas shall be compacted in 8" lifts. to 90% density ASTM -Test Method No. D -698; test °shall be
conducted by an independent.geotechnical testing firm; copies of all'test results shall be furnished to the office
of the Brazos County Engineer.
•'
All disturbed' areas will be seeded after completion of grading.
• Construction shall be in strict conformance to the latest Texas Manual of Uniform Traffic Control Devices for
Streets and Highways, published -by the Texas Department of Transportation, and all other State and Federal
laws governing utility construction.
• Notification 48 hours prior to beginning work to meet with inspector from Brazos County at project site.
• Provide "as built" drawing with "pothole" depths at centerline of ditches within 21 days of completion.
SUBMITTED BY: APPROVED BY:
ti J
R. Alan Munger, P.E. mmiss' . er Sammy Catalena
County Engineer Precin
CC2012 -032
This Request i nnro ved 0, Denied' 0, by Commissioners "Court
Da
Duane Peters, County. Judge
�- 1 �► � P � � �
Vol.
Ken Lapham
Independent Landman
114 Joalene Drive, Hudson Oaks, TX 76087
(979) 877 -4951
August 6, 2012
Gary Arnold
Brasox County Road and Bridge
300 E. 26th Street
Bryan, TX 77803
RE: Frac line for Weber Energy Moose Well, Brazos County, Texas
Mr. Arnold,
I am representing Weber Energy Corporation, which is planning to drill the
Moose Well off FM 2776 in Northern Brazos County, Texas. We are planning to drill
sometime in mid to late August and frac the well in late August to early September. If all
goes well, the line should be in place for no more than a couple weeks.
For our fraccing operations, we will need to transport water from a frac pond on
Mr. Kenney's land south of Wilcox Lane to our location just off FM 2776 near its
intersection with Hudspeth Road. To transport the water, we will use a ten inch (10 ")
aluminum temporary water line. We would like to run this temporary along the north
side of Wilcox Lane to its intersection with FM 2776. We would begin by coming out
the Mr. Kenney's place along Wickson Creek and crossing under the bridge where
Wilcox Lane crosses Wickson Creek. We would then continue on the north side of
Wilcox Lane to the intersection of FM 2776, where we would turn north along the east
side of FM 2776. We will use a drive over type crossing, like those required by TX DOT,
for the one driveway we need to cross.
Please see the enclosed map for a visual depiction of our proposal. I greatly
appreciate your help in this matter. Should you have any questions or concerns, please
call me at 979 - 877 -4951
Yours truly,
Ken Lap
Vol. 1 UJ-5 Pg. 1 aR
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•
Formal notice is hereby given that (applicant) WeLo �^ej'j proposes to place
a (type) /O k,%A. within of*' across_ the right -of -way of (roa d) ��.'lca•�
in Brazos. County, Texas as follows:
The location or description of the proposed installation is more fully shown by _L copies of the
drawings attached to this notice.
I understand and agree that:
1. The County Engineer must be notified 72 hours prior to the beginning of construction in
order that he, or his designated inspector, may inspect the actual installation;
2. All damage to the roadways and rights -of -way will be repaired to their original condition
to the satisfaction of the County Engineer;
3. Brazos County reserves the right to require Applicant to relocate or lower any such line
at no cost to Brazos County, should same become necessary due to widening or
lowering, or other alteration of the roadway or right-of-way;
4. Brazos County will in no way be responsible for any damage which might occur to any
existing utility lines in the right -of -way;
5. The line will be constructed and maintained on the County right-of-way in accordance
with the Utility Accommodation Policy which was adopted by the Texas Department of
Transportation on May 29, 1989;
6. The line or lines will be constructed no less than twenty -four inches (24 ") lower than the
lowest part of the drainage or bar ditch and the drainage is to be considered at least two
feet (2') below the center of the roadway;
7. All sites will be barricaded during the construction period.
6Afe 1 ks" '
Construction of this line will begin on or after the _ day of , 20 /
f Y
Axe Firm: Aje 6 e r' fN e-
Title:
Address: o� S aZ D - 1 OAk � v r► St
T ? 7
Phone: 9 7 S 7 ? - 4 � �
APPROVED BY COMMISSIONERS' COURT:
� I l� ►2,
Duane Peters, County Judge
Brazos County, Texas Vol. Pg.
ZI
BRAZOS COUNTY, TEXAS
BUDGET AMENDMENT(S) FOR THE 2011 -2012 BUDGET YEAR
NO. 11/12 42.1 -- 42.4
On this the 14th day of August 2012 at a regular meeting of the Commissioners' Court, the following
members were present:
A. Duane Peters, County Judge, Presiding
B. Lloyd Wassermann, Conunissioner, Precinct 1
C. Sammy Catalena, 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 14th day of August 2012 the Court heard and approved a budget amendment
for the 2011 -2012 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 20 September 2011, the following
amendment(s) to the original budget are hereby authorized, as described on the attached page(s).
ADOPTED AND APPROVED this the 14th day of August 2012.
THE COMMISSIONERS COURT OF BRAZOS COUNTY, TEXAS.
By:
Duane Peters, County Judge
Original: County Clerk's Office and
Attached to the original budget
Copies: County Auditor
County Treasurer
County Budget Officer
Commissioners' Court Minutes
Pg. a
Vol.
BRAZOS COUNTY, TEXAS
BUDGET AMENDMENTS
No. 11112 - 42.1
811412012
FUND
DIV
ACCT
PROJ
DRICR
ACCOUNT NAME
Increase
Decrease
0100
310003001
71025000
CR
Contract Services
2,500.00
0100
310001001
65350000
1 DR
Gasoline
2,500.00
Academy & Juvenile Services
Reallocation of funds cover shortfall in gasoline fo remainder of FY 12.
'
Vol. g
BRAZOS COUNTY, TEXAS
BUDGET AMENDMENTS
No. 11112 - 42.2
o IA A 17 AA 7
FUND
0100
0100
0100
0100
DIV
31000100
31000100
31000100
31000200
ACCT
67342000
72157000
72660000
60350000
PROJ
DR/CR
CR
CR
CR
DR
V T ACCOUNT NAME
Furniture
Counseling Services
Psychiatric Services
Food and Food Supplements
Increase
3
Decrease
1,100.00
700.00
1,500.00
Juvenile
Services and Juvenile Detention
Reallocation. of funds cover shortfall in food for the juveniles for remainder of FY 12.
Vo1.
U Pg. a 5
BRAZOS COUNTY, TEXAS
BUDGET AMENDMENTS
No. 11112 -42.3
FUND
DIV
ACCT
PRO.1
DR1CR
ACCOUNT NAME
Increase
Decrease
0100
11001500
61130000
CR
Gencral Contingency
1
0100
22100100
51641000
DR
Visiting Judges
1,760.00
0100
22100100
53100000
DR
Social Security
135.00
0100
22100100
53800000
DR
Worker's Comp ensation
7.00
General Fund Conting
and 272nd District Court
Reallocation of funds cover a visitin 'ud a for u pcorninj trial in September 2012.
1& 6
VOL
NV Y�P(bved
BRAZOS COUNTY, TEXAS
BUDGET AMENDMENTS
No. 11112 - 42.4
8/14/2012
FUND
DIV
ACCT
PROJ
DR/CR
ACCOUNT NAME
Increase
Decrease
2500
41091300
CR
Forfeiture Constable Pct. 3
4,800.00
2500
30310000
65950000
DR
Vehicle Maintenance
950.00
2500
30310000
67286000
DR
Equipment - Other
3,850.00
forfeiture - Constable
Pct. 3
RecoRizing $4,800 from an awarded seized vehicle for Constable. Pct, 3.
PrQafed
VO1. 15 Pg. a
PERSONNEL
CHANGE OF STATUS REQUESTS
Commissioner Court Date: August 14, 2012
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
Ag Extension
Williams, Flora
New Hire
Brazos Center
Gill, Christopher
Step Increase
Expo Green, Leonard Termination
Holley, Weston Termination
Hughes, Robert New Hire
Ward, Calvin New Hire
IT Harris, Desmond Promotion
Road & Bridge
Ramon, Christopher New Hire
Approved in Commissioners' Court: August 14 2012:
County Judge's or Commissioner's Signature:
(This Copy to be attached to minutes)
vol. I (9S pg. i a 8
Brazos County Purchasing Department
Weekly Update
8/03/12 — 8/09/12
Number of PO's Processed: 75
Requisitions Completed: 0
Capital Payments: 1
Projects In Progress
Construction
Courthouse:
Phase III
- Currently working on detention area on 1 St floor
o Floor finishes and painting
- Currently working on mechanical yard in courtyard area
o Installing Chillers and generator
- Elevator in progress
• Pouring slab in basement
• Installing framework
Bids/ RFP's/ RFQ's
RFQ for MPO
RFQ for Surveyor
RFQ for Tax Office Architect
Poly Jute
Inmate Telephone Services
Employee Insurance
Janitorial and Cleaning Supplies
Mail Services
Collection of Fines and Fees
Renewals
Delinquent Property Tax
Furniture Cleaning Contract
Lane Striping
Road Signs and Sign Posts
Vol. ) ( Pg•
- Solicitation in progress
- Solicitation in progress
-SOQ's under eval.
-Dept. reviewing specs
- Currently open
- Evaluating responses
-Specs in Progress
-Specs in Progress
-Specs in Progress
-In Progress
-In progress
-In progress
-In Progress
laq
Solicitation of Quotes
Benches for Magistrate Courtroom
AN for Magistrate Courtroom
Other
Auction
- Accepting items at this time
Purchasing Policy
- Reviewing and revising policy
Assets
- Court Approval 7124
- Solicitation in progress
- Working on period 10
Print Management
- 3 month printing analysis is complete. Results to follow.
Roof Replacement
- Working on proposal to write specifications
Appliance Policy
- Versions in progress for Court review
- Currently under review by Auditor's office
Radios for Bailiffs
- Currently working on scope
ACKNOWLEDGED
Duane Peters Date
County Judge
Vol. I be) Pg. 130
Laura Taylor Davis
Brazos County Treasurer
1 davl of oo.braz os.tx. us
DATE: August 02, 2012
TO: Hon. Duane Peters, County Judge
Han. Lloyd Wassermann, Commissioner
Han. Sammy Catalina, Commissioner
Hon. Kenny Mallard, Commissioner
Han. Irma Cauley, Commissioner
Candy Gollego, Administrative Assistant
FROM: Laura Taylor Davis, County Treasurer
RE: (quarter Ending 06/30/2012 Investment Report
200 S. Texas Avenue, Ste 240
Bryan, Texas 77808
ACKNOWLEDGED
Duane Peters Date
County Judge
This report is made In accordance with provisions of Gov.Code 2256, The Public f=unds Investment Act, which
requires quarterly reporting of investment transactions to the Commissioners' Court,
The Brazos County Investment portfolio earned an average yield of 0.1233% on the quarterly average
balance of $2,347,625.86 Invested with TexPool for the period ending 06/30/2012. Investment Interest
deposited during the quarter was $731.75 for a total year -to -date interest of $1,840.52. Actual ending
balance for June 30, 2012 was $2,347,888.09.
The average rate of interest earned on the depository checking account balances for the quarter ending
06/30/2012 was 0.4333% netting $72,213.03 on an average depository Investable balance of
$67,043,319.95. Year -to -date checking account interest earned was $192,077.17
Total year- to•date interest earned: $193,917.69
Investment Strategy
The Brazos County Investment Strategy will remain unchanged, keeping investments very short - termed do
liquid. With the safety of principal as the foremost objective of the County's investment policy followed by
liquidity and yield - it seems prudent to continue keeping the majority of available funds in the County's
depository where all funds are 110% collateralized.
For diversification the County has on investment account with TexPool that provides the safety of an
overnight market.
9rasas county's depos/tory contract earns .36X above the 90 day T -B /ll.
Vol. 5 Pg. ____1_3_1
Summary of Portfolio Changes
The deposit of interest is the only portfolio change to balances at this time and the Weighted Average
Maturity of investments remains at 1 day due to the liquidity of f unds invested with TexPool and on deposit at
CitiBank of Texas
FY 2012 INTEREST RATES ANI) EARNINGS BY MONTH
Attached are the following reports:
1) Cost Amount Summary of Investments by Fund
2) TexPool Quarter End Activity Report
3) Investments by Fund Group and Strategy Type
To the best of our knowledge the investment portfolio in this report conforms in all respects to the
Investment Policy of Brazos County and is being managed under the investment strategy of said policy as
9ppr9ved by thb Commissioner's Court of Brazos County.
!. tira Taylor Davih, County Treasurer, CIO
1
erri White, Chief
Date
Date
VOL ) ( Pg. 13 a
TexPool
Interest
Cking Acct
Earnings
Interest
Rate
Interest
Credit Rate
October 2011
167.23
0.0800
13,991.12
0.3600
November 2011
208.23
0.1100
13,797.70
0.3700
December 2011
161.33
0.0800
17,618.15
0.3600
Q/E 12/31/2010
536.79
0.0900
45,406.97
0.3633
January 2012
174.37
0.0900
23
0.36
February 2012
168.27
0.0900
24,010.52
0.38
March 2012
229.34
0.1200
27,016.73
0.44
Q/E 03/31/2012
571.98
0,1000
74,457.17
0.3933
April 2012
214.23
0.1100
24,209.91
0.43
May 2012
248.36
0.1200
24,341.32
0.43
June 2012
269.16
0.1400
23,661.80
0.44
Q/E 06/30/2012
731.75
0.1233
72,213.03
0.4333
Attached are the following reports:
1) Cost Amount Summary of Investments by Fund
2) TexPool Quarter End Activity Report
3) Investments by Fund Group and Strategy Type
To the best of our knowledge the investment portfolio in this report conforms in all respects to the
Investment Policy of Brazos County and is being managed under the investment strategy of said policy as
9ppr9ved by thb Commissioner's Court of Brazos County.
!. tira Taylor Davih, County Treasurer, CIO
1
erri White, Chief
Date
Date
VOL ) ( Pg. 13 a
5
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Vol. P g' 13
TEXPOOL QUARTER ENDING 0613012092 ACTIVITY R EPORT
Vol.
t5 Pg. 134
FUND 9 . POOLED FUND GROUP
r
INVESTMENTS BY FUND GROUP AND STRATEGY TYPE
BOOK VALUE OF ALL INVESTED FUNDS FOR JUNE 2012
$ 2,347,888.09
Vol. I b � p ")