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HomeMy WebLinkAbout2014-08-05 10:00AM REGULAR MEETINGBRAZOS COUNTY BRYAN,TEXAS NOTICE OF MEETING AND AGENDA BRAZOS COUNTY COMMISSIONERS COURT THE COMMISSIONERS COURT OF BRAZOS COUNTY WILL MEET IN REGULAR SESSION ON AUGU ST 5, 2014 AT 10:00 AM IN THE COURTROOM OF THE COUNTY ADMINISTRATION BUILDING, 200 SOUTH TEXAS AVE., SUITE 106, BRYAN, TX 77503 :•.11'1 �; ! � -1 A 10: 25 Invocation and Pledge of Allegiance - U.S. and Texas Flag - Chaplain G.H. Jones and Judge Peters. 2. Call for Citizen input and /or concerns. 3. Presentation(s) Presentation of proposed site plans for Boonville Heritage Park. Consider and take action on agenda items 4 - 29: 4, Resolution No 14 -019 In support of nominating Commissioner Kenny Mallard to serve on the Policy Committee of the Texas Conference of Urban Counties- term of appointment is 8/512014 - 12/31/2015 5. Resolution No 14.011 encouraging the Texas Legislature to support and fund Hvperbaric Oxygen Treatment for Texas Veterans that have Traumatic Brain Injury andlor Post - Traumatic Stress Disorder. 6. Consider and take action on Amended !20er No 14 -009 to extend the date of abolishment of Justice of the Peace OfFlce Precinct 2 Place 2 unlll December 31 2014 7. Approval of the Interlocal Agreement with Clty of Bryan for Housjng City of Bryan Prisoner in the Brazos County Detention Center. 5. consider and take action on the FY 16116 State Case Registry and Local Customer Service Contract throuah the Texas Attorney Generals Office g Approval of Exhibit R-11 Service Agreement Renewal with Apprise Inc 10. Discuss and take Po sable action on renewal of contract with Rite of Passage Inc for Ju enije Resldentlal Services. Vol. 205 Pg. 11. Discuss and take possible action on renewal of contract with Father Flanagan's Bove' Home for Juvenile Residential Services. 12, Permission to advertise Bid Contract No. 2014 -31 for Tree Trimming and Removal Services. 13. Renewal of Bid No. 2014 -81R. Road Sians and Sian Posts, 14. Renewal of Bid No. 2014 -85R. Lane striping and Pavement Markers. 15. Award of Contract Bid No. 2014 -72 Mail service to Detucla Mail Service, 16. Award of Bid No. 2014- 80,Fiitera 17. Consider and take action on the Halcon Field Services utility Permit to construct 8" road bore ur M 19. Tax Refund Applications for the following: • a. Jo Ann Atkins - overpayment - $238.16 • b Terry & Cynthia -Reyes Ballew - overpayment - $260_.00 • c. Briammst Cleaners - overpayment - $141.70 • d. Dennis Dillon - overpayment - $542.77 • e. Financial Freedom- overpayment - $501.08 • f. 21st Mortnane- overpayment - $82.71 20, Budget Amendments. Budget Amendments FY 13114 42.1 thru 42.10 21. Manual capital requisition to Martin Roofing in the amount of $311161 for roofing renovations on county buildings. This is being Purchased through TCPN contract #R123456. 22. Personnel Change of Status. PersonneLAttlon Forms 23. Payment of Claims 24, Presentation of the Brazos County Proposed Budget for Fiscal Year 2014 -2015. 25. Establish the date and time for a Public Hearing on the Proposed Budget for Fiscal Year 2014 -2016. 26. Proposal to Increase Tax Revenues. 27. Establish the dates and times for two Public Hearings for a Tax Revenue Increase. 28. Convene into Executive Session pursuant to Texas Government Code 551.071 to consult with attorney about pending or contemplated litigation and/or a settlement offer. 29. Consider and possible action on Executive Session. 30. Acknowledgement of monthly reports submitted In July 2014. 31. Sheriffs report on inmate population. 32. Announcement of interest items and possible future agenda topics. Vol. 205 Pg. _? s 33. Call for Citizen input and /or concerns. 34. Adjourn. Vol. 205 Pg. 3 '7 ti PUBLIC COMMENTS Public Comment during the Commission Meeting may be for all matte($, both on and off the agenda, and be limited to bur minutes per person. Persons are Invited to submA 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 Construtonal Court, with both judicial and legislative powers, created under Article V, Section 1 and Section 16 of the Texas Consfil 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 standards, et any Regular, Spacial and /or Emergency meeting of the Court shall conduct themselves with proper respect and decorum In speaking to, andror 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 mahner wig be ordered to bave the meeting. Refusal to abide by the Courts Order endfor continued disruption ofthe 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 intentlon 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 most, ethnic or gender slurs or epithets will hot be tolerated. Violation of these miss may result In the following sanctions: 1. cancellation of a speaker's time; 2. removal from the Commissioners Court 3. a Contempt Craton; andlor 4. such other and /or criminal sanctions as may be authorized under the Constitution, Statutes and Codes of the Sate of Texas. The County Commissioners Count can deliberate or take action only it 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 pudic comments by the Commissioners Court. However, responses from the County Judge or Commissioners to unllsled 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 andror Commissioners may choose not to respond to public comments, except to correct factual maccurai 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 7 651,042, INVOCATION Any invocation that may be offered before the official start of the Court meeting shall be to and for the bei 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 pan 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 fight to actively participate in the business of the Court The Commissioners Courtroom of the County Administration Building, 200 South Texas Ave., Suite 106, Bryan, T% 77603 is wheelchair accessible. Handicap parking spaces are available. Any request for sign interpretive services must he made two working days before the meeting. To make arrangements, please cap (979) 361 -4102. Vol. 205 Pg. ,L BRAZOS COUNTY BRYANJEXAS MINUTES August 5, 2014 BRAZOS COUNTY COMMISSIONERS COURT REGULAR MEETING C File Stamped Agenda.pd( LL Sign in sheet.pd( 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 5, 2014 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; 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 - U.S. and Texas Flag - Chaplain G.H. Jones and Judge Peters. Call for Citizen input and /or concerns. There was no citizen input. 3. Presentation(s) Vol. 205 Pg. .5� Presentation of proposed site plans for Boonville Heritage Park. 01 Item 3.00t The Court heard a presentation by Mervin Peters on the proposed site plans for the Boonville Heritage Park. Mr. Peters showed the log cabin being dismantled and the placement at the new site, along with possible furnishings. Consider and take action on agenda items 4 - 29: 4. Resolution No. 14 -010 in support of nominating Commissioner Kenny Mallard to serve on the Policy Committee of the Texas Conference of Urban Counties; term of appointment is 8/5/2014 - 12/31/2015. RS Item 4.odf Motion: Approve, Moved by Commissioner Irma Cauley, Seconded by County Judge Duane Peters. Passed. 5 -0. Members voting Aye: Catalena , Cauley , Mallard , Peters , Wassermann. 5. Resolution No. 14 -011 encouraging the Texas Legislature to support and fund Hyperbaric Oxygen Treatment for Texas Veterans that have Traumatic Brain Injury and /or Post - Traumatic Stress Disorder. 0 Item 5.0 The Court voted unanimously to adopt Resolution #14 -011 strongly urging the Texas State Government to provide appropriate funding and focus to provide results oriented, evidence based, proven treatment for returning Texas Veterans that suffer the residual, after effects of TBI and PTSD. Motion: Approve, Moved by Commissioner LLoyd Wassermann, Seconded by Commissioner Irma Cauley. Passed. 5 -0. Members voting Aye: Catalena, Cauley, Mallard, Peters, Wassermann . 6. Consider and take action on Amended Order No. 14 -009 to extend the date of abolishment of Justice of the Peace Office, Precinct 2, Place 2 until December 31, 2014. :- Item 6.odf The Court approved as submitted Amended Order No. 14 -009 changing the date to abolish the office of Justice of the Peace, Precinct 2, Place 2 from September 30, 2014 to December 31, 2014. This authority is granted by Article 5, Section 18(a) of the Texas Constitution. Motion: Approve, Moved by Commissioner Sammy Catalena, Seconded by County Judge Duane Peters. Passed. 5 -0. Members voting Aye: Catalena, Cauley, Mallard , Peters, Wassermann. Approval of the Interlocal Agreement with City of Bryan for Housing City of Bryan Prisoners in the Brazos County Detention Center. d Item 7.odf A copy of the agreement 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 . 8. Consider and take action on the FY 15/16 State Case Registry and Local Customer Service Contract through the Texas Attorney General's Office. Vol. 205 Pg. 6 t!s Item 8.1)df A copy is attached. Motion: Approve, Moved by Commissioner Irma Cauley, Seconded by Commissioner Kenny Mallard. Passed. 5 -0. Members voting Aye: Catalena , Cauley, Mallard , Peters , Wassermann. 9. Approval of Exhibit R -11 Service Agreement Renewal with Appriss, Inc. Item 9.0 A copy of the agreement is attached. Motion: Approve, Moved by County Judge Duane Peters, Seconded by Commissioner LLoyd Wassermann. Passed. 5 -0. Members voting Aye: Catalena, Cauley, Mallard , Peters, Wassermann. 10. Discuss and take possible action on renewal of contract with Rite of Passage, Inc. for Juvenile Residential Services. fit Item 10.0 Term of the contract is from August 1, 2014 to July 31, 2015. Cost to Brazos County is $138.25 per day per child A copy is attached. Motion: Approve, Moved by Commissioner Irma Cauley, Seconded by Commissioner Kenny Mallard. Passed. 5 -0. Members voting Aye: Catalena , Cauley , Mallard , Peters , Wassermann. 11. Discuss and take possible action on renewal of contract with Father Flanagan's Boys' Home for Juvenile Residential Services. OS Item 11.0 Term of the contract is from execution date to July 31, 2015. Cost to Brazos County is as follows: $148.11 per day per child for Family Home Services $185.00 per day per child for Enhanced Family Home Services 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. Permission to advertise Bid Contract No. 2014 -31 for Tree Trimming and Removal Services. 0 Item 12.odf Motion: Approve, Moved by Commissioner LLoyd Wassermann, Seconded by Commissioner Sammy Catalena. Passed. 5 -0. Members voting Aye: Catalena, Cauley, Mallard, Peters, Wassermann . 13. Renewal of Bid No. 2014 -81R, Road Signs and Sign Posts. IC Item 13.odf All terms, conditions and pricing shall remain the same. Vol. 205 Pa. Motion: Approve, Moved by Commissioner LLoyd Wassermann, Seconded by Commissioner Sammy Catalena. Passed. 5 -0. Members voting Aye: Catalena, Cauley, Mallard, Peters, Wassermann . 14. Renewal of Bid No. 2014 -85R, Lane Striping and Pavement Markers. 6s Item 14.pdf All terms, conditions and pricing shall remain the same. Motion: Approve, Moved by Commissioner LLoyd Wassermann, Seconded by Commissioner Irma Cauley. Passed. 5 -0. Members voting Aye: Catalena, Cauley, Mallard. Peters. Wassermann . 15. Award of Contract Bid No. 2014 -72, Mail Service to Delucia Mail Service. Item 15.pdf A copy of the bid tabulation is attached. Motion: Approve, Moved by Commissioner Sammy Catalena, Seconded by Commissioner Irma Cauley. Passed. 5 -0. Members voting Aye: Catalena , Cauley, Mallard , Peters, Wassermann . 16. Award of Bid No. 2014 -80, Filters 0 Item 16.Ddf A copy of the bid tabulation is attached. Motion: Approve, Moved by Commissioner Irma Cauley, Seconded by Commissioner Kenny Mallard. Passed. 5 -0. Members voting Aye: Catalena, Cauley, Mallard , Peters Wassermann. 17. Consider and take action on the Halcon Field Services utility permit to construct 8" road bore under Old Reliance Road approximately 1,270' southwest of Merka Road. Project will connect several oil wells in the area. Site is located in Precinct 2. RE Item 17.pdf Motion: Approve, Moved by Commissioner Sammy Catalena, Seconded by Commissioner LLoyd Wassermann. Passed. 5 -0. Members voting Aye: Catalena , Cauley, Mallard, Peters, Wassermann . 18. Consider and take action on the Wickson Creek SUD utility permit to construct road bore under Bird Pond Road. This project will provide water service to customer at address #4250. Site is located in Precinct 2. IL*, Item 18.pdf Motion: Approve, Moved by Commissioner Sammy Catalena, Seconded by Commissioner Irma Cauley. Passed. 5 -0. Members voting Aye: Catalena, Cauley, Mallard , Peters, Wassermann . 19. Tax Refund Applications for the following: a. Jo Ann Atkins - overpayment - $238.16b. Terry &amp; Cynthia -Reyes Ballew - overpayment - $250.00c. Briarcrest Cleaners - overpayment - $141.70d. Dennis Dillon - overpayment - $542.77e. Financial Freedom - overpayment - $501.08f. 21 st Mortgage - overpayment - $82.71 BE Item 19.0 • a. Jo Ann Atkins Over Payment $238.16 • b. Terry & Cynthia Reyes Ballew Over Payment $250.00 Vol. 205 Pg. S, • c. Briarcrest Cleaners Over Payment $141.70 • d. Dennis Dillon Over Payment $542.77 • e. Financial Freedom Over Payment $501.08 • f. 21 st Mortgage Over Payment $82.71 Motion: Approve, Moved by Commissioner Irma Cauley, Seconded by Commissioner Lloyd Wassermann. Passed. 5 -0. Members voting Aye: Catalena, Cauley, Mallard , Peters, Wassermann . 20. Budget Amendments. Budget Amendments FY 13/14 42.1 thru 42.10 Item 20.odf 42.1 Reallocation of funds for County Clerk Administration 42.2 Reallocation of funds for County Records Management 42.3 Transfer funds from Contingency to Facilities Services 42.4 Transfer funds from TYC Parole to Juvenile Services - Detention 42.5 Transfer funds from TYC Parole to Juvenile Services 42.6 Transfer funds from IT Services to IT Administration 42.7 Reallocate funds for Fleet Maint. Building 42.8 Transfer funds from General Fund Contingency to SO -Jail 42.9 Reallocate funds for County Clerk 42.10 Reallocate funds for Capital Projects Motion: Approve, Moved by Commissioner Sammy Catalena, Seconded by Commissioner Irma Cauley. Passed. 5 -0. Members voting Aye: Catalena , Cauley, Mallard, Peters, Wassermann . 21. Manual capital requisition to Martin Roofing in the amount of $314,161 for roofing renovations on county buildings. This is being purchased through TCPN contract #R123456. Motion: Table, Moved by Commissioner Irma Cauley, Seconded by Commissioner Kenny Mallard. Passed. 5 -0. Members voting Aye: Catalena , Cauley, Mallard , Peters , Wassermann. 22. Personnel Change of Status. Personnel Action Forms a Item 22.odf 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. OL Claims Sheetodf RE BILL LIST 08.05.14.odf 7123909 through 7124096 Motion: Approve, Moved by Commissioner Sammy Catalena, Seconded by Commissioner LLoyd Wassermann. Passed. 5 -0. Members voting Aye: Catalena, Vol. 205 Pg.2 Cauley, Mallard, Peters, Wassermann . 24. Presentation of the Brazos County Proposed Budget for Fiscal Year 2014 -2015. M Item 24.1)at The County Judge presented the proposed budget for FY 2014/2015. 25. Establish the date and time for a Public Hearing on the Proposed Budget for Fiscal Year 2014 -2015. 0 Item 25.odf The Court voted unanimously to establish the date and time for a public hearing on the proposed budget for Fiscal Year 2014/2015 for August 26th at 10:30 a.m. in the Commissioners' Courtroom. Motion: Approve, Moved by Commissioner Kenny Mallard, Seconded by Commissioner Irma Cauley. Passed. 5 -0. Members voting Aye: Catalena , Cauley , Mallard , Peters , Wassermann. 26. Proposal to Increase Tax Revenues. 0 Item 26.odf The Court voted unanimously to approve the proposal to increase tax revenues to the proposed rate of $.485 Motion: Approve, Moved by Commissioner Sammy Catalena, Seconded by Commissioner LLoyd Wassermann. Passed. 5 -0. Members voting Aye: Catalena , Cauley, Mallard, Peters, Wassermann . 27. Establish the dates and times for two Public Hearings for a Tax Revenue Increase. a Item 27.odf The Court voted unanimously to establish the dates and times for two (2) public hearings for a Tax Revenue Increase. They are as follows: Tuesday, August 26, 2014 at 10:45 a.m. in the Commissioners' Courtroom Tuesday, September 2, 2014 at 2:00 p.m. in the Commissioners' Courtroom Motion: Approve, Moved by Commissioner Irma Cauley, Seconded by Commissioner LLoyd Wassermann. Passed. 5 -0. Members voting Aye: Catalena , Cauley, Mallard , Peters. Wassermann . 28. Convene into Executive Session pursuant to Texas Government Code 551.071 to consult with attorney about pending or contemplated litigation and /or a settlement offer. At this point, the County Judge announced the Court would consider items 30 through 33 then return to convene into Executive Session to consult with an attorney about pending or contemplated litigation and /or a settlement offer pursuant to Section 551.071 of the Texas Government Code. Having considered the previously noted agenda items, at 11:01 a.m. the County Judge closed the meeting to the public. He asked that the following individuals stay for the session: Candy Gallego, Executive Assistant Bill Ballard, Civil Counsel Kendra Suhling, Civil Counsel Vol. 205 Pg. /6) Jennifer Salazar, Human Resources Director 29. Consider and possible action on Executive Session. At 11:20 a.m. the County Judge announced the meeting open to the public and announced that no action would be taken on the Closed Executive Session. 30. Acknowledgement of monthly reports submitted in July 2014. n Item 30.0 The Court acknowledged receipt of the Extension Service reports submitted in July 2014 and acknowledged receipt of reports from the following County and Precinct Offices showing revenues collected and remitted to the County Treasurer: County Clerk District Clerk Justice of the Peace Precinct 1 Justice of the Peace Precinct 2, Place 1 Justice of the Peace Precinct 2, Place 2 Justice of the Peace Precinct 3 Justice of the Peace Precinct 4 Constable, Precinct 1 Constable Precinct 2 Constable Precinct 3 Constable Precinct 4 Road & Bridge Sheriff 31. Sheriffs report on inmate population. Sheriff Chris Kirk stated there were 649 inmates in jail, 51 have electronic monitors and 9 are pending for monitors. 32. Announcement of interest items and possible future agenda topics. The County Judge announced the adoption of the budget will be at the regular meeting on September 9, 2014 at 10:00 a.m. along with setting the tax rate. 33. Call for Citizen input and /or concerns. There was no citizen's input. 34. Adjourn. Vol. 205 Pa. // The foregoing minutes of the Commissioners Court meeting held August 5 2014 have been examined and are approved in open Court this ) I P$1 day of 2014, in Bryan, Brazos County, Texas. Duane Peters County Judge Irma Cauley Commissioner, Precinct Attest: Karen McQueen County Clerk Vol. 205 ft. Lloyd Wassermann Commissioner, Precinct 1 Kenny Mallard Commissioner, Precinct 3 Pg I of� BRAZOSCOUNTY COMMISSIONER'S COURT s�DAY OF Name -_ter AA i Organization (PLEASE PRINT) �n o/ 't-4y ' r 3 6/V�- Vol. 205 Pg. 13 Pg Z of? BRAZOS COUNTY COMMISSIONER'S COURT 201 V/ �� ♦ J►VI Name Organization M : �3c Vol. 205 Pg. /-/- Pg3of2 BRAZOSCOUNTY COMMISSIONER'S COURT `f4"AY OF , 20 I /G' (D o AMf ►11"11 (PLEASE PRINT) Organization (PLEASE PRINT) Vol. 205 Pg. /-5 Resolution In Support of Nomination to the Urban Counties Policy Committee WHEREAS, the Texas Conference of Urban Counties was established approximately 40 years ago to represent the interests of the urban counties of Texas and is reliant on member participation to continue to be effective in impacting state policy decisions; and WHEREAS, Brazos County has found participation in the Urban Counties to be a great benefit to itself and to urban counties in general; and WHEREAS, the Texas Conference of Urban Counties membership has recognized the value of including the county commissioners courts in the nominating process for Urban Counties Policy Committee members; and WHEREAS, Brazos County wishes to ensure that the Texas Conference of Urban Counties has Policy Committee members who have the support of their respective commissioners courts; and WHEREAS, Commissioner Kenny Mallard has expressed an interest in representing Brazos County as member of the Policy Committee of the Texas Conference of Urban Counties. NOW, THEREFORE, BE IT RESOLVED, that the Commissioners Court of Brazos County hereby approves the nomination of Commissioner Kenny Mallard to serve on the Policy Committee of the Texas Conference of Urban Counties for the two-year term ending December 31, 2015. RESOLVED THIS 4(D1Y OF PkMk it .2014. Peters, tLA kkx� Commissioner Lloyd Wassermann Precinct 1 Commission4jKenny M I rd Precinct 3 14-010 Vol. 205 Pg. / 6 � e o r h N �i f o`�r6'ov e',�o Resolution Hyperbaric Oxygen Therapy for TBI and PTSD WHEREAS, the `signature wounds' of Iraq and Afghanistan are Traumatic Brain Injury (TBI) and Post Traumatic Stress Disorder (PTSD) and are significant health issues for Texas Veterans returning from service in Iraq and Afghanistan [Operation Enduring Freedom (OFF), Operation Iraqi Freedom (OIF), and Operation New Dawn (OND)]; and WHEREAS, the effects of these conditions are usually long lasting and often life threatening (frequently suicide), and currently there are no definitive medical treatments for TBI and the treatments being provided today are only palliative drugs and/or counseling; and WHEREAS, several, well - documented, more curative therapies are available, including Hyperbaric Oxygen Therapy (HBOT), that offer additional, alternative, curative ways to restore affected Veterans' lives and minds; and WHEREAS, numerous studies have demonstrated that the untreated, lingering effects of these injuries adversely impact the returned Veterans' lives, resulting frequently in destroyed families, drug and alcohol abuse, unemployment, mental illness, incarceration, and homelessness; and WHEREAS, these results show up in society and communities as increased unemployment rates, public health care treatments costs, mental illness costs, drug and alcohol treatment costs, family separations, and disrupted lives; and WHEREAS, neither the U.S. Department of Veterans Affairs, nor Military Medicine, nor Medicare will reimburse Medical Practitioners for their efforts to help these Veterans. NOW, THEREFORE, HE IT RESOLVED that the Commissioners Court of Brazos County strongly urges the Texas State Government to provide appropriate funding and focus to provide results orientated, evidence based, proven treatment for returning Texas Veterans that suffer the residual, after- effects of TBI and PTSD. RESOLVED THIS DAY OF Aimu2t , 2014. Duane Peters County Ju Conn fssioner Lloyd Wasserman Precinct 1 CommissioheJ Kenny M ard Precinct 3 Vol. 205 Pg. dge Xomm' ones Sammy Catalena c t 2 Commi 'over a C ey Precinct 4 17 14 -011 5 AMENDED ORDER NO. 14 -009 THE STATE OF TEXAS § THE COUNTY OF BRAZOS § AMENDED ORDER ABOLISHING JUSTICE OF THE PEACE OFFICE, PRECINCT 2, PLACE 2; AND PROVIDING FOR AN EFFECTIVE DATE WHEREAS, on the 15" day of October, 2013, the Commissioners Court of Brazos County abolished Justice of the Peace Office, Precinct 2, Place 2 to become effective on September 30, 2014; WHEREAS, the Commissioners Court of Brazos County now desires to extend the date of abolishment of Justice of the Peace Office, Precinct 2, Place 2 until December 31, 2014 through this Amendment; WHEREAS, although under Texas Constitution article 5, section 18(a), the County may have more than one justice of the peace in a justice precinct, that provision requires the County only to have at least one justice of the peace office for each County justice precinct; WHEREAS, the Commissioners Court of Brazos County has authority under Texas Constitution article 5, section 18(a) to abolish justice of the peace offices in a justice precinct in excess of one such office; WHEREAS, Brazos County Justice Precinct 2 currently has two justices of the peace; WHEREAS, the Commissioners Court of Brazos County finds that the work load for justices of the peace in Justice Precinct 2 can be handled adequately by one justice of the peace without jeopardizing the public welfare or safety; WHEREAS, the Commissioners Court of Brazos County finds that significant savings in administrative and operations costs may be realized by the abolishment of one of those justice of the peace positions; WHEREAS, the Commissioners Court finds that the proposed change, to abolish the office of Justice of the Peace, Precinct 2, Place 2 would be for the convenience of the people as that term is used in Texas Constitution article 5, section 18(a); and WHEREAS, the Commissioners Court finds that the abolishment of that office is appropriate and in the best interest of the citizens of Brazos County, and is believed to comply with ail slate and federal requirements; and WHEREAS, an incumbent justice of the peace whose office is abolished before the end of a current term of office is entitled under Texas law to serve out the remainder of the current term of office; and, Vol. 205 Pg. / (�/ WHEREAS, the current term of office of the incumbent Justice of the Peace, Precinct 2, Place 2 ends at the end of the calendar day on December 31, 2014; NOW, THEREFORE, BE IT RESOLVED AND ORDERED BY THE COMMISSIONERS COURT OF BRAZOS COUNTY, TEXAS: A. That the Commissioners Court makes the fact findings contained in the recitations stated above, which are incorporated into this Order as legislative fact findings: B. That, under the authority granted to the Commissioners Court by article 5, section 18(a) of the Texas Constitution, the office of Justice of the Peace, Justice Precinct 2, Place 2 is hereby abolished as of the Effective Date stated below; C. That the Effective Date of the abolishment of that office shall be as of the end of the calendar day on December 31, 2014; D. That the incumbent justice of the peace, Precinct 2, Place 2 shall be entitled to serve out the remainder of his current term of office; and E. That all notices be given and all documents related to this reconfiguration of election precincts be provided, as required by Texas Election Code chapter 42. BE IT SO ORDERED. Adopted on th6-5Q1 ty of Augus4- 21214. )21 (.SSA. ZI4,0%a -� ComrAissioner Lloyd Wassermann Precinct 1 Commissioner Onny Mallaid Precinct 3 ATTEST: Karen McQueen, Co my Clerk ' /Corrimigsdoner Sammy Catalena Vol. 205 Pg. / 9 RESOLUTION NO. 3563 A RESOLUTION Or THE CITY COUNCIL OF THE CITY OF BRYAN, TEXAS AUTHORIZING APPROVAL OF AN INTERLOCAL AGREEMENT FOR FISCAL YEAR 2015 BETWEEN THE CITY OF BRYAN AND BRAZOS COUNTY FOR THE HOUSING OF CITY OF BRYAN PRISONERS; APPROVING FISCAL YEAR 2015 FUNDING IN THE NOT TO EXCEED AMOUNT OF $96,000.00 FOR HOUSING OF CITY OF BRYAN PRISONERS; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, this agreement between the City of Bryan a political subdivision of the State of Texas and the Brazos County a political subdivision of the State of Texas is made pursuant to the provisions of the Interlocal Cooperation Act V.T.C.A,, Government Code Chapter 791; and WHEREAS, it has been found and determined by the Commissioners Court of Brazos County Texas and by the City Council of the City of Bryan Texas that utilizing one jail facility to serve the law enforcement agencies of the City of Bryan and Brazos County shall result in increased efficiency and economy to the Citizens of Brazos County; and WHEREAS, the Brazos County Jail and its attendant facilities are adequate to serve the law enforcement agencies of both the City of Bryan and Brazos County; and WHEREAS, Brazos County and the City of Bryan have entered into an agreement by which Brazos County will house in its County Jail and offer care for prisoners of the City of Bryan; and WHEREAS, the Fiscal Year 2015 cost to the City of Bryan will not exceed $96,000.00 for the Housing of City of Bryan prisoners; and WHEREAS, the City of Bryan desires to approve and adopt the existing agreement with Brazos County for Fiscal Year 201 S. NOW THEREFORE BE IT RESOLVED by the City Council of the City of Bryan Texas that: Funding for Fiscal Year 2015 in an amount not to exceed $96,000.00 for the Housing of City of Bryan prisoners is approved; and 2. The Interlocal Agreement between the City of Bryan and Brazos County for the Housing of City of Bryan prisoners is adopted for twelve (12) months beginning October 1, 2014, through September 30, 2015, inclusive. A copy of the Agreement is attached hereto as Exhibit "A" and is incorporated herein by this reference for all purposes. 3. This resolution is immediately effective upon passage and adoption. Vol. 205 Piz. �,'a PASSED AND APPROVED this 7'" day of August, 2014. ATTEST: Mary Lynne Secretary reL ry APPROVED AS TO FORM: Cl— J nis K. Hampton, City Attorney CITY OF BRYAN: u Jyy Jason P. Biens ci,Mayor Vol. 205 PE. 021 INTERLOCAL COOPERATIVE AGREEMENT PROVIDING FOR THE HOUSING OF PRISONERS FROM THE CITY OF BRYAN, TEXAS IN THE BRAZOS COUNTY JAIL THE STATE OF TEXAS COUNTY OF BRAZOS This Agreement between the City of Bryan, a political subdivision of the State of Texas, and the County of Brazos, a political subdivision of the State of Texas, is made pursuant to the provisions of the Interlocal Cooperation Act, V.T.C.A., Government Code, Chapter 791. WHEREAS, it has been found and determined by the Commissioners' Court of the County of Brazos, Texas, and by the City Council of the City of Bryan, Texas, that utilizing only one jail facility to serve the law enforcement agencies of the City of Bryan and the County of Brazos shall result in increased efficiency and economy to the citizens of the County of Brazos; and WHEREAS, the Brazos County Jail and its attendant facilities are adequate enough to serve the law enforcement agencies of both the City of Bryan and the County of Brazos; and WHEREAS, the Conn ty of Brazos and the City of Bryan desire to enter into an agreement by which the County of Brazos will house in its County Jail, and offer care for, prisoners of the City of Bryan according to the terms and conditions as set forth herein; NOW, THEREFORE, for and in consideration of the mutual covenants, agreements, and benefits to the parties herein named, it is agreed as follows, to-wit: I. PURPOSES OF AGREEMENT 1.0,1 The purposes of this Agreement are to provide a method whereby prisoners formerly housed in the City of Bryan jail can be transported directly to the Brazos County Jail for confinement II. TERM OF AGREEMENT 2.01, This Agreement shall commence on the Ist day of October 2014, and extend until the 30th clay of September 2015. Thereafter, it will renew annually for three (3) additional one year periods unless either party issues notice of intent to terminate as outlined in Section XIV of this Agreement. HI. DEFINITIONS 3.01 City prisoner as used in this Agreement shall mean (a) a person arrested by a law enforcement officer for a Class C misdemeanor filed in Municipal Court and held in the Brazos County Jail prior to the Vol. 205 Pg. �� issuance of a jail commitment order by a magistrate, or (b) a person arrested solely for the violation of a City of Bryan Ordinance which involves the regulation of a purely municipal action. 3.02 State Prisoner means an individual who has been arrested by a law enforcement officer for a violation of a state statute and held in the Brazos County jail after the issuance of a jail commitment order by a magistrate. IV. PROVISION OF JAIL SPACE 4.01 The Sheriff of the County of Brazos agrees to accept the custody of any City prisoner delivered at the Brazos County Jail by the City of Bryan Police Department provided that the prisoner does not require immediate medical attention prior to booking. 4.02 The Sheriff of the County of Brazos agrees to accept City Prisoners who have an injury or illness after the City of Bryan Police Department has obtained initial medical treatment for such prisoners, or when a prisoner has refused medical treatment from a medical facility, The arresting officer shall, prior to booking, finnish the Sheriff with reports showing any medical treatment, or that treatment was offered and refused by the prisoner. Further medical attention provisions are outlined in Section VIII herein. 4.03 If applicable, the Sheriff of the County of Brazos agrees to give preference and priority accepting the City of Bryan prisoners pursuant to the County of Brazos' agreements with various other • political subdivisions of the State regarding housing their inmates. V. LIABILITY FOR EXPENSES 5.01 The County of Brazos is liable for all expenses incurred while providing the safekeeping of prisoners confined in the Brazos County Jail pursuant to this Agreement and their personal effects, except as otherwise provided in the Agreement. VI. PRISONER BOOKING AND DOCUMENT MAINTENANCE 6.01 All booking procedures utilized by City of Bryan Police Officers are those existent in the Brazos County Jail, or those involving changes as imposed by the Brazos County Sheriff after consideration and mutual agreement of the City of Bryan. 6.02 The Brazos County Sheriff will photograph and fingerprint City prisoners as is consistent with other county jail inmates. Photographs and Fingerprints will be maintained as is consistent with other county jail inmates. Copies of fingerprints and photographs are available to the City of Bryan Police Department upon request and as available. 6.03 The City of Bryan assumes responsibility for updating City prisoner records through the Texas Department of Public Safety Crime Records Service and Federal Bureau of Investigation as is consistent with State and Federal policies. The Brazos County Sheriff ensures appropriate reporting to State and Federal entities for State prisoners introduced by the City of Bryan Police Department, with copies of "rap" sheets requested on behalf of the City of Bryan Police Department. Vol. 205 Piz. A-3 6.04 The Brazos County Sheriff will supply a copy of an arraignment list reflecting City prisoners remaining in custody and in need of arraignment on each day, excluding weekends and holidays, by 8:00 a.m, to allow for arraignment scheduling before the City of Bryan Municipal Court Judge. ` 6.05 The City of Bryan must comply with Article 17.033 C.C.P. by taking city prisoners before a City of Bryan Municipal Court Judge within 24 hours of a warrantless arrest. VII. BONDS AND FINES COLLECTION 7.01 The County of Brazos is not responsible for accepting bonds and payment of fines relating to offenses filed in City of Bryan Municipal Court. VIII. MEDICAL ATTENTION 8.01 If it is obvious that immediate medical attention is needed by any individual at the time of arrest, or while the individual is still in the custody of the arresting officer, the City of Bryan is solely responsible for attempting to obtain satisfactory medical attention for such individual prior to such individual being delivered to the Brazos County Jail 8.02 The County of Brazos agrees to offer all City prisoners which have been booked into the Brazos County Jail the same level of medical treatment received by State prisoners for routine medical treatment in the Brazos County Jail Infirmary at no additional cost to the City of Bryan. The City of Bryan will be advised of any medical problem(s),that a City prisoner may develop. If a City prisoner develops a major medical problem which requires immediate hospitalization or emergency room services, the Brazos County Jail physician will stabilize the patient affected to the extent it is practical to do what is necessary for stabilization prior to transfer, and the City of Bryan Police Department will be notified. However, if the apparent condition of the patient- prisoner is such that it appears to the health care provider in the Brazos County Jail Infirmary to be an emergency and delay could be harmful or possibly life- threatening, immediate hospitalization will be deemed necessary and the transfer will be immediate. The City of Bryan will be notified as soon as practical under these circumstances; however, the City of Bryan's consent for such transfer under these circumstances will be unnecessary and the City of Bryan will be responsible for the medical services costs incurred by a City prisoner under such circumstances. 8.03 If any major medical problem of a City prisoner as described in §8.02 hereof is determined to have been caused by the act, omission, and /or negligence of the County of Brazos, its employees, and /or its agents, then the County of Brazos is solely responsible for paying any and all medical expenses related to such injury. IX. RELEASE OF PRISONERS 01 City prisoners are not to be released prior to serving their fines, including any credits allowed by law without the'perhrission of the Municipal Court Judge. X. COSTS 10.01 The City of Bryan agrees to pay the sum of Forty -Seven Dollars and Fitly Cents ($47.50) per City prisoner or arrestee per day housed in the Brazos County Jail, payable monthly on or about the 5th (lay Of each month during the term of this Agreement. The County Sheriff will forward to the City of Bryan. Vol. 205 Pg. o Police Chief a documented invoice detailing the payment to which the County of Brazos is entitled for the previous month. 10.02 A prisoner day for the purpose of computing the charges to be paid by the City of Bryan to the County of Brazos means any period in excess of four (4) hours within any twenty -four (24) hour period beginning at 12:00 midnight of a given day prior to arraignment by a City Magistrate except for City ordinance violations not represented in State law (such costs shall be billed until release). Such costs may be audited each August during the term of this Agreement and any subsequent renewal term of the Agreement and will be readjusted (either increased or decreased) each year beginning on October 1st, based on the previous year's historical data on the actual cost of holding prisoners. XL INSPECTION OF BOOKS AND RECORDS 11.01 The County of Brazos will maintain complete books and records of all City prisoners. Books and records may be inspected at any time during regular business hours. 11.02 On or before the one - hundred - twentieth (120th) day after the end of the County of Brazos' fiscal year, the County of Brazos will supply, upon request, the City of Bryan an annual statement of all applicable bookings received at the Brazos County Jail on behalf of the City of Bryan during the preceding fiscal year. Such annual statements shall be prepared in such detail and on such forms as are determined to be mutually satisfactory to the County of Brazos and the City of Bryan. The City of Bryan, by written notice to the Brazos County Auditor's Office, may request other financial or statistical reports from the County of Brazos from time to time. 11.03 The County of Brazos will keep available for a period of three (3) fiscal years after each year of operations, the records of account of County of Brazos for such year and other pertinent information required by the provisions of this Agreement. Such records of account shall be accessible during usual business hours to the City of Bryan or its duly authorized agents or auditors for the purpose of verifying the information set forth in any annual statement, as described herein, or for the purpose of verifying compliance by the County of Brazos with tine terms of this Agreement. 11.04 Upon written notice at any time within three (3) years after the end of any fiscal year of operations, the City of Bryan may cause, without cost to the County of Brazos, an inspection and audit to be made of the records of the County of Brazos relating to the operations on the City of Bryan's behalf. Such audit will be made to determine the correctness of the computation of payments made in the annual statement for the preceding year. If, as a result of such inspection and audit, it is established that refunds are due the City of Bryan, the County of Brazos shall, upon written notice by the City of Bryan, pay such refunds within thirty (30) days of such notice and the City of Bryan will do the same if the computation is reverse. XII. COMPLIANCE WITH THE PRISON RAPE ELIMINATION ACT 12.01 The Brazos County Detention Center as an operation of the Brazos County Office of Sheriff will comply with the Prison Rape Elimination Act (PREA). The Detention Center has a Zero Tolerance Policy regarding sexual abuse and sexual harassment. The Detention Center will conduct a background investigation on all employees, volunteers, students, or other contractors that may have contact with inmates. Background checks will be conducted at least every five (5) years. The BCOS shall ensure that Vol. 205 Pg. oZ,5� all volunteers and contractors who have contact with inmates have been trained on their responsibilities under the agency's sexual abuse and sexual harassment prevention, detection, and response policies and procedures. Any contractor or volunteer who engages in sexual abuse is prohibited from contact with inmates and shall be reported to law enforcement agencies and to relevant licensing bodies, unless the activity was clearly not criminal. The facility will take appropriate remedial measures and prohibit further contact with imitates in the case of violation of sexual abuse or sexual harassment policies. The City of Bryan has an affirmative duty to disclose any misconduct in violation of the sexual abuse and sexual harassment policy, Material omissions regarding such misconduct, or the provision of materially false information, are grounds for termination of this agreement XIII. LEGAL RESPONSIBILITY 13.01 The City of Bryan shall be responsible for all suits, claims, damages, losses, or expenses, including reasonable attorney's fees, arising out of the City of Bryan's performance or non- performance of the services and duties herein stated, but only in regard to transfer of prisoners by the City of Bryan and duties herein assigned to the City of Bryan and specifically excluding the actual incarceration of prisoners by the County of Brazos. Tire City of Bryan retains full responsibility for each prisoner, until that prisoner has been processed into the Brazos County Jail. 13.02 The County of Brazos shall be responsible for all suits, claims, damages, losses and expenses, including reasonable attorney's fees, arising out of the County of Brazos' performance or non- performance of the services and duties herein stated, buy only in regard to the actual holding and incarceration of prisoners by the County of Brazos in the Brazos County Jail and specifically excluding the transfer of prisoners to and from the Brazos County Jail XIV. OTHER AGREEMENTS 14.01 It is expressly understood and authorized by the approval of this Agreement that the City of Bryan through its Chief of Police and the County of Brazos through its County Sheriff shall enter into a separate agreement or agreements regarding the day to day operation of housing prisoners in the Brazos County Jail, so long as the agreements do not conflict with the Agreement and do not create additional pecuniary obligations on the part of either party. These agreements may include, but are not limited to, booking procedures, identification procedures, warrant checks and records keeping. XV. TERMINATION 15.01 Each party to this Agreement may terminate it by giving ninety (90) days prior written notice. The County of Brazos shall provide such notice to the City Manager. The City of Bryan shall provide such notice to the Brazos County Judge. Such notice of termination shall be given by certified mail, return receipt requested, to the appropriate party at the following addresses: CITY OF BRYAN, TEXAS: BRAZOS COUNTY, TEXAS: City Manager County Judge P.O. Box 1000 200 S. Texas Ave., Suite 332 Bryan, Texas 77805 Bryan, Texas 77803 Brazos County Sheriff Vol. 205 Pg. oZ 4 1700 State Hwy. 21 West Bryan, Texas 77803 XVI. SAVINGS CLAUSE 16.01 If one or more provisions or terms contained in this Agreement shall, for any reason, behold invalid, illegal, or othenvise unenforceable, such invalidity, illegality, or unenforceability shall not affect any other provision or term hereof and this Agreement shall be construed as if such invalid, illegal, or unenforceable provision or term had never been contained hereip. APPROVED by Bryan City Council at a neeting he�J the 7th day of August, 2014. ATTEST: Mary Lynne tratta Secretary APPROVED AS TO FORM: anis K. Hampton, City Attorney CITY OF BRYAN: Jason P. Bien k4 Mayor Vol. 205 Pe..:� 7 APPROVED by Brazos County Commissioners Count at a meeting held on the day of PU(/�(,�./�I ,2014. Brazos County Sheriff ATT S . Karen McQueen Brazos County Clerk 10 O RAZOS - - - -- Duane Peters, County Judge WIML10,17J.11TAINO IN Vol.-205 Pa. Assistant County Attorney I State Case Registry and Local Customer Service Cooperative Agreement between The Office of the Attorney General of the State of Texas and Brazos County, Texas 1. INTRODUCTION CONTRACT NO. 15 -00009 1.1. This contract ( "Contract ") is entered into, by and between the Office of the Attorney General ( "OAG ") and Brazos County ( "County"). OAG and County are referred to individually as a "Party" and collectively as the "Parties" in this Contract. 1.2. This Contract, including 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. 1.3. PURPOSE. County and.OAG shall cooperate to: 1.3.1. Create or Update Registry-Only Case(s) on OAG Case Management System with Child Support court order and Family Violence information: 1.3.2. Gather and enter sufficient information on the OAG Case Management System to satisfy the requirements for State Case Registry. 1.3.3. Provide quality local customer service as described in this Contract. 1.4. ACRONYMS. TERMS AND DEFINITIONS. The following terms have the meaning set forth below. All other terms have the meaning set forth in the Merriam Webster's Collegiate* Dictionary, Eleventh edition. 1 Child Support Case A collection of data associated with a patiicular child support order, court hearing, and /or request for IV -D services that typically includes data regarding a Custodial Parent (CP), Non - Custodial Parent ( NCP), a Dependents) (DP) and /or presumed father. Every Case is stored on the GAG Case Management System and has a unique GAG Case Number, names and identifying information about its Member(s), court order details, and payment history. . Cause Number The identifier assigned, by a court to the child su2port court order CSD Child Su ort Division Custodial Parent CP The rson who has primary care, custody, and control of the De endent s ' Dependent The minor or adult child who is under the primary care, custody and control of the Custodial Parent: Federal Disallowance The Federal Office of Child Support Enforcement (GCSE) does not reimburse Percentage OAG for Registry -Only customer service activities on Child Support Cases without wage withholding in effect. OAG calculates the percentage of customer service activities disallowed each month using the following formula; Total non- wage withheld receipts / Total receipts processed Full- Service (FS) A case where an individual has applied for child support services from OAG, has not declined child support services from a local rule office, or is on public assistance and an automated referral has been received from the Health and Human Services Commission HHSC). SCR/LCS.Final Shell (060314) Pnge I of 25 Vol. 205 Piz. `� 2. TERM 2.1. This Contract shall commence on September 1, 2014 and shall terminate on August 31, 2016, unless terminated earlier by provisions of this Contract. 3. REQUIREMENTS 3.1. COUNTY OBLIGATIONS 3.1.1. Confidentiality. This Contract provides for the sharing of confidential and /or sensitive information between OAG and County. In consideration of OAG providing certain confidential and /or sensitive information to County in order to perform contract services, County agrees to assume responsibility for compliance with and work closely,in cooperation with OAG to ensure compliance with all applicable state and federal statutory requirements for confidentiality and information security. See the Information Protection Provisions below for more information. 3.1.2. Customer Identification. County shall adhere to the OAG Procedures for Changes to Case Information (Attachment A) when an inquiry is received or member /case information is updated. 3.1.3. State Disbursement Unit. County agrees that all court orders with child support rendered by a court -on or after January I, 1994, must direct child support payments to the SDU in accordance with Section 154.004 of the Texas Family Code and 42 USC 654b. Where County identifies a pattern of court orders from a particular court or attomey that fail to comply with Section 154.004 of the Texas Family Code and 42 USC 654b, County will notify the OAG of same. SCRA.CS Final Shell 10603141 Page 2 of 25 Vol. 2 05 Pg. ya_ WPM . �IUHIR =r . trr I V -D Title IV -D of the Social Security Act, [42 U.S.C. 651 et seq] which requires that each state create a program to locate NCPs, to establish patemity, to establish and enforce child support obligations, and collect and distribute support payments. All recipients of public assistance (usually Temporary Assistance for Needy Families (TANF)) are referred to their state's IV -D child support program. States must also accept applications from families who do not receive public assistance, if requested, to assist in collection of child support. Title IV -D also established the Federal Office of Child Support Enforcement (OCSE). Also referred to as "Title IV -D ". Non - Custodial Parent The parent who does not have primary care, custody, or control of the (NCP ) De ndent s . OAG -CSD Office of the Attorney General, Child Support Division OAG Case Management A federally certified case management system for the IV -D program. Also referred System as "Texas Child Support Enforcement System". Registry-Only (RO) A case where the Texas State Disbursement Unit records and processes child support payments, but the OAG does not monitor or enforce the obligation.. Remitter NCPs, employers, counties, other states, other countries, other entities, individuals, responding jurisdictions, or a third a who has sent a child support payment. SSN Social Security Number Start Date of Cause The date the 'ud a signed the order for child support. State Case Registry (SCR) A federally mandated database maintained by each state that contains information on Child Support Cases established or modified after October 1, 1998. State Disbursement Unit The centralized payment collection site in Texas where all child support payments SDU are received and processed. 2. TERM 2.1. This Contract shall commence on September 1, 2014 and shall terminate on August 31, 2016, unless terminated earlier by provisions of this Contract. 3. REQUIREMENTS 3.1. COUNTY OBLIGATIONS 3.1.1. Confidentiality. This Contract provides for the sharing of confidential and /or sensitive information between OAG and County. In consideration of OAG providing certain confidential and /or sensitive information to County in order to perform contract services, County agrees to assume responsibility for compliance with and work closely,in cooperation with OAG to ensure compliance with all applicable state and federal statutory requirements for confidentiality and information security. See the Information Protection Provisions below for more information. 3.1.2. Customer Identification. County shall adhere to the OAG Procedures for Changes to Case Information (Attachment A) when an inquiry is received or member /case information is updated. 3.1.3. State Disbursement Unit. County agrees that all court orders with child support rendered by a court -on or after January I, 1994, must direct child support payments to the SDU in accordance with Section 154.004 of the Texas Family Code and 42 USC 654b. Where County identifies a pattern of court orders from a particular court or attomey that fail to comply with Section 154.004 of the Texas Family Code and 42 USC 654b, County will notify the OAG of same. SCRA.CS Final Shell 10603141 Page 2 of 25 Vol. 2 05 Pg. ya_ 3.1.4. State Case Reeistrv. 3.1.4.1. County shall, in accordance with the time frames set forth in the "Timeframe Requirements" section below: 3.1.4.1.1. enter into the OAG Case Management System the "State Case Registry Complete" data listed in in the "State Case Registry Complete" section below; 3.1.4.1.2. enter into the OAG Case Management System all additional data, as described in the "Update Activities" section below, that County has obtained; and 3.1.4.1.3. update all of the above data for Child Support Cases as County receives updated information. 3.1.4.2. County may use the original court order or the record of support documents to obtain the relevant information for entry to the OAG Case Management System or may use the "Record of Support" Form 1828 (Attachment B) that summarizes the relevant court ordered child support information, published on the OAG -CSD's webpage, www.texasattomeygeneral.gov, under "Child Support Forms ". 3.1.4.3. State Case Registry Complete 3.1.4.3.1. The following are the minimum required data elements necessary for a Child Support Case to be considered "State Case Registry Complete ": 3.1.4.3.1.1. Participant Information • Type (Dependent, Custodial Parent, Non - Custodial Parent) • First and Last Name • Gender • Social Security Number AND /OR Date of Birth • Family Violence Indicator (if applicable) • Custodial Parent's Complete Address 3.1.4.3.1.2. Case and Cause Information • Cause Number • Start Date Of Cause 3.1.4.4. Uodate Activities. 3.1.4.4.1. County shall: 3.1.4.4.1.1. update the State Case Registry data entered in accordance with The "State Case Registry Complete" section above with updated data obtained by County after the initial entry; and 3.1.4.4.1.2. enter into GAG Case Management System additional case and/or member data to a Child Support Case as County receives such data from the Custodial Parent, Non - Custodial Parent, employer, court or attorney of record. This additional case and /or member data includes but is not limited to the following: • Complete Address for Custodial Parent, Non - Custodial Parent, Dependent, and any other parties to the Child Support Case • Protective Orders • Order Modification Date • Dependent Status • Case Closures • Jurisdictional Transfer of Court Orders 3.1.4.5. Timeframe Requirements. 3.1.4.5.1. County shall create new Child Support Cases on the OAG Case Management System within five (5) County business days from the "date received" time stamped on the Temporary or Final order indicating that the order was received by the District Clerk or Local Registry's office. SCR/I.CS Find Shen (o603 N) Page 3 of 25 VA 205 Pg. 31 3.1.4.5.2. If a payment has been received by the SDU and a case has not been created, County shall create a new Child Support Case on the OAG Case Management System, updating all available information, within five (5) County business days from notification by the SDU. 3.1.4.5.3. County shall provide new and updated "State Case Registry Complete" data and any additional data on existing Child Support Cases within three (3) County business days after receipt of the data. 3.1.4.6. Protective Orders. 3.1.4.6.1. County shall update the Family Violence Indicator (FVI) for Registry-Only Cases in the OAG Case Management System within three (3) County business days after a protective order is filed. 3.1.4.6.2. County shall provide the local OAG field office with a copy of a protective order on a Full- Service Case within three (3) County business days after it is filed. 3.1.4.7. County shall forward all misdirected child support payments to the SDU within one day of receipt and notify the Remitter of the correct payment address. 3.1.5. Local Customer Service. 3.1.5.1. County shall provide the resources necessary to accomplish the following allowable Customer Service Activities on Child Support Cases, as described below. County resources include, but are not limited to, personnel, office space, equipment, phones and phone lines. 3.1.5.2. Customer Service Activities. 3.1.5.2.1. Allowable Customer Service Activities must relate to the following categories: 3.1.5.2.1.1. Payment Inquiry 3.1.5.2.1.2. Payment Research 3.1.5.2.1.3. Employer Payment Related Calls 3.1.5.2.1.4. OAG Payment Related Calls 3.1.5.2.1.5. Wage Withholding Inquiry (Employer, Custodial Parent, Non - Custodial Parent). 3.1.5.2.2. Examples of Allowable Customer Service Activities include: 3.1.5.2.2.1. Researching payments on Child Support Cases that should have been, but were not, received by OAG. 3.1.5:2.2.2. Researching disbursements on Child Support Cases that should have been, but were not, received by the Custodial Patent. 3.1.5.2.2.3: Providing payment records on Child Support Cases to the court, the guardian ad [item for the child, the Custodial Parent and Non - Custodial Parent and their attorneys, a person authorized by the Custodial Parent 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. 3.1.5.2.2.4. Providing a certified copy of the court order to OAG upon request without delay. 3.1.5.3. Customer Service Requirements. 3.1.5:3.1. County shall: 3.1.5.3.1.1. Respond to written inquiries within five (5) County business days after receipt. 3.1.5.3.1.2. Take action on information received within three (3) County business days after receipt. 3.1.5.3.1.3. Document allowable Customer Service Activities on the OAG Case Management System. 3.1,5.3.1.4. Return phone calls within three (3) County business days after receipt. SCRA.CS Final shell 1060314) Page 4 of 25 Vol. 205 Pg. 3z 3.1.5.3.1.5. Resolve or respond to telephone inquiries within three (3) County business days after receipt. 3.1.5.3.1.6. Attend to a walk in customer the same day or schedule appointment within three (3) County business days after request. 3.1.5.3.1.7. Provide customers with the OAG's toll free Call Center number (800- 252 -8014) when needed. 3.2. INTERFACE CONTROL DOCUMENT FILE SHARING SERVICES. 3.2.1. This Section 3.2 is applicable only if County exchanges interface control documents ( "ICU) files. 3.2.2. The Parties will work to reduce the number of files exchanged, eliminate redundancy, modernize the technology, and streamline the exchange process, thus improving efficiency for all involved. OAG will provide the following data files: 3.2.2.1. ICD012, Full- Service and Registry-Only Collections. 3.2.2.2. 1CD013, Registry-Only Disbursement Data. 3.2.2.3. ICD015, Full- Service and Registry-Only Collection Adjustments. 3.2.2.4. ICD050, Registry-Only Case Data for Local Registries. 3.2.3. County may provide the following data file to OAG for processing in the OAG Case Management System: 3.2.3.1. ICD035, Local Customer Service Registry Activities. 3.2.3.1.1. At the request of OAG, County shall provide reports or other documentation sufficient to validate the Customer Service Activity submitted on the ICD035. 3.2.3.1.2. 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) County business day after notification by OAG. 3.3. CHANGES TO OAG CASE MANAGEMENT SYSTEM. 3.3.1. OAG reserves the right to: 3.3.1.1. Make changes to the design of the OAG Case Management System. 3.3.1.1.1. OAG will make every effort to provide advance notice of any planned system changes that may impact the business operations or processes of County. 3.3.1.2. Make changes to OAG procedures and training material. 3.3.2. Any changes to the OAG Case Management System, OAG procedures, or the training material will not require a contract amendment but will be documented through Controlled Correspondence. 3.3.3. OAG and County will work to establish a plan and schedule for training authorized users and implementing access to the OAG Case Management System. 3.4. ONSITE REVIEW. County shall allow OAG access to County facilities for the purpose of reviewing and inspecting County processes related to the requirements of this Contract. 3.4.1. OAG and County will work together to plan for the site review. 3.4.2. County shall complete an OAG self - assessment questionnaire prior to the review. 3.4.3. OAG and County will select a random sample of cases prior to the review. 3.4.4. OAG will review a random sample of Child Support Cases to ensure that: 3.4.4.1. All court orders, whether a Temporary Order or a Final Order that involves child support, are entered on the OAG Case Management System. SCan.CS Finer Shell (060314) Page 5 of 25 Vol. 205 Fig. 33 3.4.4.2. Child Support Case information is entered on the GAG Case Management System within the timeframes set forth in the "Timeframe Requirements" section above. 3.4.4.3. Child Support Case information is entered accurately on the OAG Case Management System. 3.4.4.4. Child Support Orders direct child support payments to the SDU_ 3.4.5. OAG will offer assistance with contract, statutory and operational issues. 3.4.6. OAG will provide training during the onsite review as needed. 3.4.7. OAG and County will review the most current list of authorized County Agents, as defined in the "Information Protection Provision ", "Applicability" section of this Contract. 3.5. TRAINING ON OAG CASE MANAGEMENT SYSTEM. Any County staff performing functions under this Contract must be trained on OAG Case Management System. Classroom Training on OAG Case Management System will be scheduled upon request from 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 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 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 4. REMEDIES FOR NON - PERFORMANCE 4.1. Failure of 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 County in writing by the OAG Contract Manager. If County wants to dispute the finding, a written dispute must be received by the GAG Contract Manager no later than fifteen (15) calendar days after the date County received the written finding of unsatisfactory performance. The written dispute must detail why 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 GAG Contract Manager shall be final and shall conclude the review process. The OAG Contract Manager's determination shall be communicated to 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 ofunsatisfactory performance shall be deemed validated and County shall have waived its right to dispute the finding. 4.2. If GAG determines that the finding of unsatisfactory performance is valid, 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. 4.2.1. If County does not return to satisfactory status within four months after receiving notice that an unsatisfactory performance finding has been validated, OAG may withhold payments due to County under this Contract until 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 SCR/LCS Final Shell (060314) Page 6 of 25 Vol.-205 Pg. ,3 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 County were withheld. 5. FINANCIAL MATTERS 5.1. MAXIMUM LIABILITY OF THE OAG. S.I.I. Notwithstanding any other provision of this Contract, the maximum liability of OAG under this Contract is Eleven Thousand Dollars and No Cents ($11,000.00). 5.2. REIMBURSEMENT RATES. 5.2.1. FEDERAL SHARE. 5.2.1.1. OAG shall be financially liable to County for the federal share of County's Contract associated cost. "Federal Share" means the portion of 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 %. 5.2.2. STATE CASE REGISTRY. 5.2.2.1. State Case Registry Complete Fee. County agrees that the per activity fee for each Child Support Case in which County initially entered sufficient data on the OAG Case Management System to deem the case "State Case Registry Complete", as defined in the "State Case Registry Complete" section of this Contract, is $12.77.. 5.2.2.2. State Case Registry Complete Update Fee. County agrees that the per activity fee for each update of State Case Registry Complete data or entry of additional information on the OAG Case Management System, pursuant to the "Update Activities" section of this Contract, on a Child Support Case previously deemed State Case Registry Complete is $4.06. 5.2.2.3. County agrees that, for the purposes of this Contract, all of County's reimbursable Contract associated State Case Registry costs for any given calendar month is equal to the Federal Share of the sum of (1) the product of (a) the number of State Case Registry Complete activities during the calendar month multiplied by (b) the State Case Registry Complete Fee, plus (2) the product of (a) the number of State Case Registry Complete Updates during the calendar month multiplied by (b) the State Case Registry Complete Update Fee. Thus, OAG's liability for County's Contract associated State Case Registry costs will be calculated as follows: [(Calendar Month State Case Registry Complete activities x $12.77) + (Calendar Month State Case Registry Complete Update activities x $4.06)1 x Federal Share = OAG Liability. 5.2.3. Local Customer Service. 5.2.3.1. County agrees that, for the purposes of this Contract, all of County's reimbursable Contract associated Local Customer Service costs for any given calendar month is equal to the Federal Share of the product of (1) the difference of (a) the sum of (i) the number of inquiries on Full- Service Child Support Cases handled by County personnel during the calendar month, plus (ii) the number of inquiries on Registry-Only Child Support Cases handled by County personnel during the calendar month, minus (b) the product of (i) the number of Registry-Only Cases handled by County personnel during the calendar month multiplied by (ii) the Federal Disallowance Percentage, multiplied by (2) a per inquiry fee of $4.18. For purpose of reference only the Federal Disallowance Percentage for SFY 2013 annualized is 21.80%. Thus, OAG's liability for County's Contract associated Local Customer Service costs will be calculated as follows: [((Calendar Month IV -D Inquiries Handled by County Personnel + Calendar Month Registry -Only Inquiries Handled by County Personnel) — (Calendar Month Registry-Only Inquiries X Federal Disallowance Percentage)) x $4.181 x Federal Share = OAG Liability. SCIULCS Find Shca (060314) Page 7 of 25 Vol. 205 Pg. 35 5.3. REIMBURSEMENT PROCESS. 5.3.1. OAG will forward a Summary and Reimbursement Voucher for any particular month's activities to County for review and approval by the 25'x' day of the following month. 5.3.2. If County approves the Summary and Reimbursement Voucher, County shall sign the voucher and return it to OAG for payment within ten (10) County business days after County's receipt of voucher. County's signature constitutes approval of the voucher and certification that all services provided during the period covered by the voucher are included on the voucher. OAG shall process the invoice for payment in accordance with the state procedures for issuing state payments and the Texas Prompt Payment Act. County shall submit the invoice via email to: CS D- Coun tvinvoicingQtexasattorneyeenera I. eov Or via LISPS mail to: OAG Contract Manager, State Case Registry and Local Customer Service Mail Code 062 Office of the Attorney General PO Box 12017 Austin, TX 78711 -2017 5.3.3. If County does not approve the Summary and Reimbursement Voucher, County shall return the voucher to OAG within ten (10) County business days after receipt of voucher, detailing the basis of any disputed item, and include supporting documentation. OAG shall review the returned voucher. If the dispute is resolved in County's favor, GAG shall make payment as set forth in the preceding subsection. If the dispute is not resolved in County's favor, OAG shall make payment in accordance with the voucher originally sent to County and forward a letter of explanation to County. 5.4. LIMITATION OF OAG LIABILITY. 5.4.1. OAG shall be liable only for Contract associated costs incurred after commencement of this Contract and before termination of this Contract 5.4.2. OAG may decline to reimburse 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. 5.4.3. County shall refund to GAG within thirty (30) calendar days any sum of money which has been paid to County which 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. 5.4.4. OAG shall not be liable for reimbursing County if County fails to comply with the requirements of the "State Case Registry" and "Local Customer Service" sections above. 5.4.5. OAG shall not be liable for reimbursing 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 DAG be liable for reimbursing County for any activities eligible for reimbursement under another contract or Cooperative Agreement with OAG e.g. customer service related to cases in the same County's Integrated Child Support System ( "ICSS ") caseload, when County has an ICSS contract with OAG. Nor shall OAG be liable for reimbursing County for information correcting erroneous information previously provided by County. 5.5. AUDIT AND INVESTIGATION. County understands that acceptance of funds under this Contract acts as acceptance of the authority of the OAG, the State Auditor of Texas, the United States Department of Health and Human Services and the Comptroller General of the United States to conduct an audit or investigation in connection with those funds. County agrees to cooperate fully in the conduct of the audit or investigation. County shall grant access to all books, records and documents pertinent to this Contract to the OAG, the State Auditor of Texas, the United States Department of health and Human Services and the Comptroller General of the United States for the purposes of inspecting, auditing or copying such books, records and documents. County shall ensure that the requirements of this provision including, but not limited to, the authority of the OAG, the State Auditor of Texas, the United States Department of Health and Human Services and the Comptroller General SCR/LCS Final Shell (061314) Page S of 25 Vol. 205 Pg. ,36 of the United States to conduct an audit or investigation concerning funds received indirectly by subcontractors through County and the requirement to cooperate in the conduct of such audit or investigation shall in included in all subcontracts. 5.6. FINANCIAL TERMS. 5.6.1. Buy Texas. In accordance with §2155.4441, Texas Government Code, County shall, in performing any services under this Contract, purchase products and materials produced in Texas when they are available at a comparable price and in a comparable period of time to products and materials produced outside Texas. 5.6.2. Legislative Appropriations. All obligations of 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 United States below). The parties acknowledge that the ability of the OAG to make payments under this contract is contingent upon the continued availability of funds for the Child Support Enforcement Strategy and the State Disbursement Unit Strategy (collectively "Strategies"). The parties acknowledge that funds are not specifically appropriated for this contract and the OAG's continual ability to make payments under this Contract is contingent upon the funding levels appropriated to the OAG for the Strategies for each particular appropriation period. The OAG will use all reasonable efforts to ensure that such funds are available. The parties agree that if future levels of funding for the OAG Child Support Enforcement Strategy and/or the State Disbursement Unit Strategy are not sufficient to continue operations without any operational reductions, the OAG, in its discretion, may terminate this Contract, either in whole or in part. In the event of such termination, the OAG will not be considered to be in default or breach under this Contract, nor shall it be liable for any further payments ordinarily due under this Contract, nor shall it be liable for any damages or any other amounts which are caused by or associated with such termination. The OAG shall make best efforts to provide reasonable written advance notice to County of any such termination. In the event of such a termination, County. shall, unless otherwise mutually agreed upon in writing, cease all work immediately upon the effective date of termination. OAG shall be liable for payments limited only to the portion of work the OAG authorized in writing and which the County has completed, delivered to the OAG, and which has been accepted by the OAG. All such work shall have been completed, per the contract requirements, prior to the effective date of termination. 5.6.3. Provision of Funding by the United States. It is expressly understood that any and all of the OAG's obligations and liabilities hereunder are contingent upon the existence of a state plan for child support enforcement approved by the United States Department of Health and Human Services providing for the statewide program of child support enforcement, pursuant to the Social Security Act, and on the availability of Federal Financial Participation for the activities described herein. In the event that such approval of the state plan or the availability of Federal Financial Participation should lapse or otherwise terminate, OAG shall promptly notify County of such fact in writing. Upon such occurrence, OAG shall discontinue payment hereunder and the Contract shall be terminated subject to the post termination responsibilities outlined in the Termination of the Contract Section. 5.6.4. Antitrust and Assignment of Claims. Pursuant to 15 U.S.C. §1, et seq., and Tex. Bus. & Comm. Code §15.01, at seq, County affirms that it has not violated the Texas antitrust laws or federal antitrust laws and has not communicated its bid for this Contract directly or indirectly to any competitor or any other person engaged in such line of business. County hereby assigns to OAG any claims for overcharges associated with this Contract under 15 U.S.C. §1, et seq., and Tax. Bus. & Comm. Code § 15.01, et seq. 6. CONTRACT MANAGEMENT 6.1. CONTROLLED CORRESPONDENCE. In order to track and document requests for decisions and/or information pertaining to this Contract, and the subsequent response to those requests, OAG and County shall use Controlled Correspondence. OAG shall manage the Controlled Correspondence for this Contract. For each Controlled Correspondence document, OAG shall assign a tracking number and the document shall be signed by the appropriate Party's Contract Manager. Controlled Correspondence shall not be used to change pricing or alter the terms of this Contract. Controlled Correspondence shall not be the basis of a claim for equitable adjustment of pricing. Any changes that involve the pricing or the terms of this Contract must be by a Contract amendment. However, the Controlled SCR/.CS Final Shell (060314) Page 9 of 25 Vol. 205 Pg. 3 7 Correspondence process may be used to document refinements and interpretations of the provisions of this Contract and to document the cost impacts of proposed changes. Controlled Correspondence documents shall be maintained by both parties in on -going logs and shall become part of the normal status reporting process. Any communication not generated in accordance with such process shall not be binding upon the parties and shall be of no effect. 6.2. NOTICES. 6.2.1. Written Notice Delivery. 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. 6.2.1.1. County Address. The address of County for all purposes under this Contract and for all notices hereunder shall be: The Honorable Marc Hamlin (or successor in office) Brazos County District Clerk 300 East 26th St. Suite 216 Bryan, TX 77803- 6.2.1.2. OAG Address. The address of OAG for all purposes under this Contract and for all notices hereunder shall be: Charles Smith (or successor in office) Deputy for Child Support (IV -D Director) Office of the Attorney General PO Box 12017 Austin, TX 79711-2017 With copies to: Martha Fitzwater Pigott (or successor in office) Managing Attorney, Legal Counsel Section PO Box 12017 (Mail Code 044) Austin, TX 78711 -2017 6.3. CONTRACT MANAGERS. 6.3.1. GAG Contract Manager. The OAG Contract Manager is: Allen Broussard (or successor in office) CSD- Government Contracts Office of the Attorney General PO Box 12017 (Mail Code 062) Austin, TX 78711 Email: allen. broussard ©texasattomeygeneral.gov Phone: (512) 460 -6373 Any changes to the above assignment shall be documented by Controlled Correspondence. The OAG Contract Manager has the authority to: • sign Controlled Correspondence • serve as the day - today point of contact • coordinate quality control reviews • approve invoices • coordinate meetings with the County • investigate complaints SCRA.CS Final Shell (060314) Page 10 ol'25 Vol. 205 Pg. �'� The OAG Contract Manager shall have no authority to agree to any: • Contract amendment it pricing change 6.3.2. County Contract Manager. Unless otherwise notified by County, OAG shall consider the District Clerk, Domestic Relations Office or Local Registry's office as County Contract Manager. Any changes to this assignment shall be documented by Controlled Correspondence. The County's Contract Manager has the authority to: • make decisions regarding the deliverables required by this Contract • sign Controlled Correspondence • serve as the day to day point of contact • coordinate quality control reviews • coordinate meetings with the OAG • investigate complaints 6.4. SUBCONTRACTING. County shall not subcontract any portion of the IV -D services to be performed under this Contract without the prior written approval of the OAG. All subcontracts, if any, entered into by County shall be written and competitively advertised. Any subcontract entered into by County shall be subject to the requirements of this Contract. County agrees to be responsible to OAG for the performance of any subcontractor and remains bound to perform the duties described in any subcontract regardless of whether the subcontractor breaches in its performance. County understands and acknowledges that OAG is in no manner liable to any subcontractor of County. 6.5. NO ASSIGNMENT BY COUNTY. 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. Notwithstanding anything to the contrary in the Texas Business Organizations Code or any other Texas or other state statute a merger shall not act to cause the assumption, by the surviving entity or entities, of this Contract and/or its associated rights and duties without the prior written approval of the OAG. The term "merger" as used in this Section includes, without limitation, the combining of two corporations into a single surviving corporation, the combining of two existing corporations to form a third newly created corporation; or the combining of a corporation with'another form of business organization. 6.6. REPORTING FRAUD. WASTE OR ABUSE. 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: • the Contract Manager; • the Deputy Director for Contract Operations, Child Support Division; • the Deputy Director, Child Support Division; • the Director, Child Support Division; • the OAG Ethics Advisor; • the OAG's Fraud, Waste and Abuse Prevention Program ( "FWAPP ") Hotline (866 -552 -7937) or the FWAPP E- mailbox ( FWAPP(i4texasattornevgeneral.gov); • the State Auditor's Office hotline for fraud (1- 800 - 892 - 8348). 6.6.1. The report of suspected misconduct shall include (if known): • the specific suspected misconduct; • the names of the individual(syentity(ies) involved; • the date(s) /location(s) of the alleged activity(ies); • the names and all available contact information (phone numbers, addresses) of possible witnesses or other individuals who may have relevant information; and • any documents which tend to support the allegations. 6.6.1.1. The words fraud, waste or abuse as used in this Section have the following meanings: 6.6.1.1.1. Fraud is the use of one's position for obtaining personal benefit (including benefit for family /friends) through the deliberate misuse or misapplication of resources or assets. SCR/I.CS Final Shell (060114) Page I 1 of25 Vol. 205 Pg. 3s 6.6.1.1.2. Waste is the extravagant careless or needless expenditure of funds or consumption of property that results from deficient practices, system controls, or decisions. 6.6.1.1.3. 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. 6.7. COOPERATION WITH THE OAG. County must ensure that it cooperates with OAG and other state or federal administrative agencies, at no charge to the OAG, for purposes relating to the administration of this Contract. County agrees to reasonably cooperate with and work with the OAG's contractors, subcontractors, and third party representatives as requested by the OAG. 6.8. DISPUTE RESOLUTION PROCESS FOR COUNTY BREACH OF CONTRACT CLAIM. 6.8.1. The dispute resolution process provided for in Chapter 2260 of the Government Code shall be used, as further described herein, by OAG and County to attempt to resolve any claim for breach of contract made by County. 6.8.2. A claim for breach of Contract that the parties cannot resolve in the ordinary course of business shall be submitted to the negotiation process provided in Chapter 2260, Subchapter B, of the Government Code. To initiate the process, County shall submit written notice, as required by subchapter B, to the Deputy for Child Support (IV -D Director), Office of the Attorney General, PO Box 12017 (Mail Code 033), Austin, Texas 78711- 2017. The 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 parties otherwise entitled to notice. Compliance with Subchapter B is a condition precedent to the filing of a contested case proceeding under Chapter 2260, Subchapter C, of the Government Code. 6.8.3. ' The contested case process provided in Chapter 2260, Subchapter C, of the Government Code is the sole and exclusive process for seeking a remedy for any and all alleged breaches of contract by OAG if the parties are unable to resolve their disputes under the negotiation process. 6.8.4. Compliance with the contested case process is a condition precedent to seeking consent to sue from the Legislature under Chapter 107 of the Civil Practices and Remedies Code. Neither the execution of this Contract by OAG nor any other conduct of any representative of OAG relating to the Contract shall be considered a waiver of sovereign, immunity to suit. 6.8.5. The submission, processing and resolution of a claim for breach of contract is governed by the published rules adopted by OAG pursuant to Chapter 2260, as currently effective, hereafter enacted or subsequently amended. 6.8.6. Neither the occurrence of an event nor the pendency of a claim constitutes grounds for the suspension of performance by County, in whole or in part. 7. INFORMATION PROTECTION PROVISIONS 7.1. GENERAL. 7.1.1. Survival of Provisions. 7.1.1.1. Perpetual Survival and Severability 7.1.1.1.1. OAG rights and privileges applicable to OAG Data shall survive expiration or any termination of this contract, and shall be perpetual. 7.1.1.1.2. As an exception to the foregoing perpetual survival, if certain OAG Data become publicly known and made generally available through no action or inaction of County, then County may use such publicly known OAG Data to the same extent as any other member of the public. 7.1.1.1.31 If any term or provision of this contract, including these Information Protection Provisions, 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 contract, including these Information Protection Provisions, shall remain in full force and effect and such term or provision shall be deemed to be deleted. SCR/LCS Find Shell (060314) Page 12 of 25 Vol. 205 Pg. �(J 7.1.2. Applicability. 7.1.2.1. References in the Information Protection Provisions 7.1.2.1.1. All references to "GAG" shall mean the Office of the Attomey General. 7.1.2.1.2. All references to "OAG -CSD ISO" shall mean the Office of the Attorney General - Child Support Division Information Security Officer. 7.1.2.1.3. All references to "County" shall mean (business name and address). 7.1.2.1.4. All references to "County's Agents" shall mean County's officials, employees, agents, consultants, subcontractors, and representatives, and all other persons that perform Contract Services on County's behalf. 7.1.2.1.5. All references to "Contract Services" shall include activities within the scope of the executed contract. 7.1.2.1.6. All references to "OAG Data" shall mean all data and information (i) originated by OAG or, (ii) which County accesses from OAG information systems. This contract requires County to retrieve data from the courts and other sources and create data within the Texas Child Support Enforcement System. OAG Data does not include data and information originated by County in the performance of its statutory responsibilities. Gov't Code Chapter 552 defines the exclusive mechanism for determining whether GAG Data are subject to public disclosure. All references to "OAG Customers" shall mean any person or entity that delivers, receives, accesses, or uses OAG Data. 7.1.2.1.7. The term "Security Incident" means an occurrence or event where the confidentiality, integrity or availability of OAG Data may have been compromised and includes, without limitation, a failure by County to perform its obligations under section 7.2, Data Security, and section 7.2.7, Physical Security, subsections below. 7.1.2.2. Inclusion in all Subcontracts. 7.1.2.2.1. The requirements of these Information Protection Provisions shall be included in, and apply to, all subcontracts and any agreements County has with anyone performing Contract Services on County's behalf. 7.1.2.3. Third Parties 7.1.2.3.1. This contract 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. 7.1.3. Termination for Non- Compliance. 7.1.3.1. In the event that either County or County's Agent fails to comply with any of the Information Protection provisions, OAG may exercise any remedy, including immediate termination of this contract. 7.1.4. Personnel Briefings Training and Acknowledgments. 7.1.4.1. County shall ensure that all persons having access to data obtained from OAG Systems are thoroughly briefed on related security procedures, restricted usage, and instructions requiring their awareness and compliance. County's Agents shall only be granted access to OAG Systems after they have received all required security training and have executed all required security agreements, acknowledgments, and certifications. The OAG Contract Manager shall provide direction to the County regarding the acquiring of any necessary access, completion of required security training and execution of required security agreements, acknowledgments and certifications. 7.1.4.2. County shall ensure that all County personnel having access to OAG Data receive annual reorientation sessions when offered by OAG and all County personnel that perform or are assigned to perform Contract Services shall re- execute, and/or renew their acceptance of, all applicable security documents to ensure that they remain current regarding all security requirements. SCR /I.CS Final Shell (060314) Page 13 or25 Vol. 2 05 Pg. 7.1.5. Key Person Dependence or Collusion. 7.1.5.1. County shall protect against any key - person dependence or collusion by enforcing policies of separation of duties, restricted job responsibilities, audit logging, and job rotation. 7.1 DATA SECURITY. 7.2.1. Rights in OAG Data. 7.2.1.1. County and County's Agents possess no special right to access, use or disclose OAG Data as a result of County's contractual or fiduciary relationship with OAG. As between OAG and County, all OAG Data shall be considered the property of OAG and shall be deemed confidential. County hereby irrevocably assigns, transfers, and conveys, and shall cause County's Agents to irrevocably assign, transfer, and convey to OAG without further consideration all of its and their right title and interest to OAG Data. Upon request by OAG, County shall execute and deliver and shall cause County's Agents to execute and deliver to OAG 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. 7.2.2. Use of OAG Data. 7.2.2.1. OAG Data have been, or will be, provided to County and County's Agents solely for use in connection with providing the Contract Services. Re-use of OAG Data in any form is not permitted. County agrees that it will not access, use or disclose OAG Data for any purpose not necessary for the performance of its duties under this contract. Without OAG's approval (in its sole discretion), neither County nor County's Agents shall: (i) use OAG Data other than in connection with providing the Contract 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 Contract Services. However, nothing in this contract 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. 7.2.2.2. In the event of any unauthorized disclosure or loss of OAG Data, County shall immediately comply with the Notice subsection of the Security Incidents subsection set forth below. 7.2.3. Statutory. Regulatory and Policy Compliance 7.2.3.1. County agrees to comply with all OAG policies, standards and requirements, state and federal statutes, rules, regulations, and standards regarding the protection and confidentiality of OAG Data, for which it has received written notice, as currently effective, subsequently enacted or as may be amended. The existing requirements that are applicable to County's obligations under this contract.are included in this Contract. County shall also comply with any requirements set forth in Section 9.0, "Computer System Security" of the IRS Publication 1075 (Rev. 12 -2013) and Attachment C to this Contract: "United States Internal Revenue Service Requirements for the Safeguarding of Federal Tax Information Including Federal Tax Returns and Return Information "). 7.2.4. Data Retention and Destruction. 7.2.4.1. Within six (6) months after contract award, County and OAG shall develop, and mutually agreed upon, a detailed schedule for the retention and possible destruction of OAG Data. The schedule will be based upon the Contract Services being performed and County's limited authorization to access, use, and disclose OAG Data. Subsequent to developing and agreeing upon that schedule, County shall: (i) Retain and destroy OAG Data in accordance with the detailed schedule for its retention and destruction; (According to OAG Data Sanitization standards) (ii) Destroy or purge OAG Data in a manner consistent with state policy and Federal regulations for destruction of private or confidential data and in such a way so that the Data are unusable and irrecoverable; (iii) Destroy all hard copy OAG Data by shredding to effect 5/16 inch wide or smaller strips and then either incinerating or pulping the shredded material; and SCR/LCS Final Shal (060714) Page 14 of 25 Vol. 205 Pe. (iv) Within five (5) calendar days, excluding weekends and holidays, of destruction or purging, provide OAG with a completed OAG -Child Support Division "Certificate of Destruction for Counties and Vendors;" a copy of which is attached hereto and included herein (Attachment D). 7.2.4.2. In the event of contract expiration or termination for any reason, all hard -copy OAG Data shall (in accordance with the detailed retention schedule agreed to by County and OAG under Section 2.5.1 above) either be destroyed or returned to OAG. If immediate purging of all data storage components is not possible, County agrees that any OAG Data remaining in any storage component will be protected to prevent unauthorized disclosures. 7.2.4.2.1. Within twenty (20) business days after contract expiration or termination, County shall provide OAG with a signed statement detailing the nature of OAG Data retained, type of storage media, physical location(s), and any planned destruction date. 7.2.4.3. In its sole discretion, OAG may waive notification requirements or request reasonable changes to the detailed schedule for the retention and destruction of OAG Data. 7.3. PHYSICAL AND SYSTEM SECURITY. 7.3.1. General /Administrative Protections. 7.3.1.1. At all times County shall be fully responsible to OAG for the security of the storage, processing, compilation, or transmission of all OAG Data to which it has access, and of all equipment, storage facilities, and transmission facilities on which or for which such OAG Data are stored, processed, compiled, or transmitted. 7.3.1.2. County (and County's Agents) shall develop and implement internal protection systems, including information security access lists and physical security access lists (the "access protection lists"), designed to protect OAG Data in accordance with applicable law and the provisions for Data Security, Physical Security, and LoogicaU(nformation System Protections contained in this contracL The access protection lists shall document the name and other identifying data for any individual authorized to access, use or disclose OAG Data, as well as any special conditions and limitations applicable to each authorization. 7.3.1.2.1. County shall remove individuals from or change the access rights of individuals on the applicable access protection list immediately upon such individual no longer requiring certain access. At least quarterly, OAG shall send County a list of Texas Child Support Enforcement System 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. 7.3.1.2.2. OAG shall have the right to review County's internal protection systems and access protection lists for all areas of the work site(s). OAG may, with or without cause, and without cost or liability, deny or revoke an individual's access to OAG Data and information and any of its systems. If any authorization is revoked or denied by OAG, then County shall immediately use its best efforts to assist OAG in preventing access, use or disclosure of OAG Data and County shall be given written notice of the denial. 7.3.12.3. OAG, in its sole discretion and without consulting County, may immediately terminate OAG system access for anyone performing services under this contract. 7.3.1.2.4. County shall immediately notify OAG Contract Manager when any person County authorized to access OAG Systems is no longer authorized to have such access. This notice includes re- assigned or terminated individuals. 7.3.1.3. County's physical access security and logical access security systems must track and log all access attempts and failures. The access security systems must produce access logs on request. These logs must identify all access failures and breaches. Notwithstanding anything to the contrary in this Contract, the physical access and logical access security systems access logs for any particular calendar year must be retained for a period of seven (7) calendar years after the last calendar day of the calendar year in which they were created. Thus a log created on January I, 2007 may be disposed of, with all other systems access logs created in 2007, on January I, 2015. All physical access and logical access security systems logs must be stored to electronic media. SCR/LCS Final Shell (060314) Page is or23 Vol. 205 Pg. .T� Any stored log mast be produced for viewing access and copying upon request of OAG within five (5) business days after the request. 7.3.1.4. County shall maintain appropriate audit trails to provide accountability for use and updates to OAG Data, charges, procedures, and performances. Audit trails maintained by County shall, at a minimum, identify the supporting documentation prepared by County to permit an audit of the system by tracing the activities of individuals through the system. Comity's automated systems must provide the means whereby authorized personnel have the ability to audit and to verify contractually required performances and to establish individual accountability for any action that can potentially cause access to, generation of, or modification of OAG Data. County agrees that County's failure to maintain adequate audit trails and corresponding documentation shall create a presumption that the services or performances were not performed. 7.3.2. Physical Security. 7.3.2.1. The computer site and related infrastructures (e.g. information system servers, protected interface equipment, associated peripherals, communications equipment, wire closets, patch panels, etc.) must have physical security that at all times protects OAG Data against any unauthorized access to, or routine viewing of, computer devices, access devices, and printed and stored data. 7.3.2.2. 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. 7.3.2.3. County agrees that the systems operation room (which houses network equipment, servers and other centralized processing hardware) shall be accessible only by authorized IT personnel or executive management. 73.2.4. 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, non- organization- controlled network [e.g., the Internet]) multifactor authentication that is compliant with NIST SP 800 -63, Electronic Authentication Guidance level 3 or 4, and shall be consistent with Section 4.7, "Telework Locations" and Section 9.3.11.9, "Alternate Worksite (PE -17)" of IRS Publication 1075 (Rev. 12- 2013). 7.3.2.5. County shall protect information systems against environmental hazards and provide appropriate environmental protection in facilities containing information systems. 7.3.3. Logical /Information System Protections. 7.3.3.1. County shall take all reasonable steps to ensure the logical security of all information systems used in the performance of this Contract, including: (i) Independent oversight of systems administrators and programmers; (ii) Restriction of user, operator, and administrator accounts in accordance with job duties; (iii) Authentication of users to the operating system and application software programs; (iv) County shall adhere to OAG- approved access methods, and the protection and use of unique identifiers such as user identifications and passwords; (v) County shall have an authorization process for user access and privileges. Any access not granted is prohibited; (vi) County shall maintain an access protection list that details the rights and privileges with respect to each such user; (vii) Audit trails for user account adds, deletes, and changes, as well as, access attempts and updates to individual data records; and (viii) Protection to prevent unauthorized processing in or changes to software, systems, and OAG Data in the production environment. SCR/LCS Final Shell (0603)4) Page 16 of 23 Vol. 205 Pg. 7.3.3.2. County shall implement protection for the prevention, detection and correction of processing failure, or deliberate or accidental acts that may threaten the confidentiality, availability, or integrity of OAG Data. 7.3.3.3. County shall implement counter - protection against malicious software on County's internal systems used in contract performance. 7.3.3.4. County shall ensure that relevant Security Incidents are idcnti6ed, monitored, analyzed, and addressed. 7.3.3.5. County shall apply a high -level of protection toward hardening all security and critical server communications platforms and ensure that operating system versions are kept current. 7.3.3.6. County shall adhere to mutually agreed upon procedures for authorizing hardware and software changes, and for evaluation of their security impact. 7.3.3.7. County shall institute a process that provides for immediate revocation of a user's access rights and the termination of the connection between systems, if warranted by the nature of any Security Incident. 7.3.4. Encryption. 7.3.4.1. OAG Data must be encrypted while at rest on any media (e.g., USB drives, laptops, workstations, and server hard drives), in transmission, and during transport (i.e. the physical moving of media containing OAG Data). OAG Data must be encrypted using current FIPS validated cryptographic modules. OAG will specify the minimum encryption level necessary. Any change to this minimum encryption level will be communicated in writing to County by the OAG Contract Manager. County shall adhere to mutually agreed upon procedures for data transmission. 7.34.2. OAG Data are not allowed on mobile /remote /portable storage devices; nor may storage media be removed from the facility used by County. County may submit, to the OAG Contract Manager, a written request for an exception to these prohibitions. A granted exception will be communicated in writing to County by the OAG Contract Manager. if OAG finds it necessary to allow storage media to be removed from a facility used by County, OAG will specify the circumstance(s) under which storage media may be removed. 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 Section 9.3.6.7, "Information System Backup (CP -9)" of IRS Publication 1075 (Rev. 12 -2013) and Attachment C entitled "United States internal Revenue Service Requirements for the Safeguarding of Federal Tax Information Including Federal Tax Returns and Return Information ". 7.4. SECURITY AUDIT. 7.4.1. Right to Audit, Investigate and Inspect. 7.4.1.1. Without notice, County shall permit, and shall require County's Agents to, 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: (i) Monitor and observe the operations of, and to perform security investigations, audits, and reviews of the operations and records of, County and County's Agents; (ii) Inspect its information system in order to assess security at the operating system, network, and application levels; provided, however, that such assessment shall not interfere with the daily operations of managing and running the system: (iii) Enter into the offices and places of business of County and County's Agents for a security inspection of the facilities and operations used in the performance of Contract Services. Specific remedial measures may be required in cases where County or County's Agents are found to be noncompliant with physical and/or data security protection. SC W I.CS Final Shell (060314) Page 17 of 25 Vol. 205 Pg. �,..• 7.4.1.1.1. 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 OAG will endeavor to provide as much notice as possible but the right to enter without notice is specifically reserved. 7.4.t.2. 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 to OAG and such auditors and inspectors as OAG may designate in writing, on County's premises, (or if the audit is being performed of a County's Agent, the Agent's premises, if necessary) the physical and technical support reasonably necessary for OAG auditors and inspectors to perform their work. 7.4.1.3. County shall supply to OAG and the State of Texas any data or reports rendered or available in conjunction with any security audit of County or County's Agents if those reports pertain, in whole or in part, to the Contract 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 contract. 7.5. SECURITY INCIDENTS. 7.5.1. Response to Security incidents. 7.5.1.1. County shall respond to detected Security Incidents. 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: (i) (iv) (v) (vi) (vii) (viii) (ix) (x) (xi) 7.5.2. Notice. Initial responders Containment Management Notification Documentation of Response Actions Expeditious confirmation of system integrity Collection of audit trails and similar evidence Cause analysis Damage analysis and mitigation Internal Reporting Responsibility External Reporting Responsibility DAG Contract Manager's and OAG -CSD ISO's name, phone number and email address. Attachment E 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 7.5.2.1. Within one (1) (tour of discovering or having any reason to believe that there has been, any physical, personnel, system, or OAG Data Security Incident County shall initiate risk mitigation and notify the OAG -CSD ISO and the OAG Contract Manager, by telephone and by email, of the Security Incident and the initial risk mitigation steps taken. County must also notify the Treasury Inspector General for Tar Administration in Dallas by phone (713-209-3711 ). If unable to contact the Dallas office, contact the National Office at Hotline Number: 800-589-3718. 7.5.2.2. Within twenty-four (24) hours of the discovery, County shall conduct a preliminary risk analysis of the Security Incident; commence an investigation into the incident; and provide a written report utilizing the attached Security Incident Report (Attachment F) to the OAG -CSD ISO, with a copy to the OAG Contract Manager fully disclosing all information relating to the Security Incident and the results of the preliminary risk analysis. This initial report shall include, at a minimum: nature of the incident (e.g., data loss /corruption /intrusion); cause(s); mitigation efforts; corrective actions; and estimated recovery time. SCR/LCS Final Shc111060314) t'agc 18 nl'25 Vol. 205 Pg. 7.5.2.3. Each day thereafter unti I the investigation is complete, County shat l; (i) Provide the OAG -CSD ISO, or the OAG -CSD ISO's designee, with a daily oral or email report regarding the investigation status and current risk analysis; and (ii) Confer with the OAG -CSD ISO or the OAG -CSD ISO's designee, regarding the proper course of the investigation and risk mitigation. 7.5.2.4. Whenever daily oral reports are provided, County shall provide, by close of business each Friday, an email report detailing the foregoing daily requirements. 7.5.3. Final Report. 7.5.3.1. Within five (5) business days after completing the risk analysis and investigation, County shall submit a written Final Report to the OAG -CSD ISO with a copy to the OAG Contract Manager, which shall include: 7.5.3.1.1. A detailed explanation of the cause(s) of the Security Incident; 7.5.3.1.2. 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 7.5.3.1.1 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 that County implemented the cure and a description of how the cure protects against the possibility of a recurrence. 7.5.3.2. 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 that County implemented the cure and a description of how the cure protects against the possibility of a recurrence. 7.5.3.3. 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 OAG may exercise any remedy in equity, provided by law, or identified in the contract. The exercise of any of the foregoing remedies will not constitute a termination of this contract unless OAG notifies County in writing prior to the exercise of such remedy. 7.5.4. Independent Right to Investigate. 7.5.4.1. OAG reserves the right to conduct an independent investigation of any Security Incident, and should OAG choose to do so, County shall cooperate fully, making resources, personnel and systems access available. If at all possible, OAG will provide reasonable notice to County that it is going to conduct an independent investigation. 7.6. REMEDIAL ACTION. 7.6.1. Remedies Not Exclusive and Injunctive Relief. 7.6.1.1. The remedies provided in this section are in addition to, and not exclusive of all other remedies available within this contract, 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. 7.6.1.2. 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. 7.6.2. Notice and Compensation to Third Parties. 7.6.2.1. In the event of a Security Incident, third -party or individual data maybe compromised. 7.6.2.2. Subject to OAG review and approval, County shall provide notice of the Security Incident, with such notice to include: (i) A brief description of what happened; SCRA.CS Final Shell (060314) Page 19 of 25 Vol. 205 Pg. (ii) A description, to the extent possible, of the types of personal data that were involved in the security breach (e.g., full name, SSN, date of birth, [ionic 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. 7.6.2.3. County and OAG shall mutually agree on the methodology for providing the notice required in this subsection. Neither party shall unreasonably withhold such agreement; however the notice method must comply with the notification requirements of 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. 7.6.2.4. 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. 7.7. COMMENCEMENT OF LEGAL ACTION. 7.7.1. County shall not commence any legal proceeding on OAG's behalf without OAG's express written consent. 8. AMENDMENT This Contract shall not be amended or modified except by written amendment executed by duly authorized representatives of OAG and County. 9. TERMINATION OF THE CONTRACT 9.1. DISCRETIONARY TERMINATION. The parties to this Contract shall have the right, in each party's sole discretion and at its sole option, to terminate this Contract by notifying the other party hereto in writing of such termination at least one hundred and eighty (180) calendar days prior to the effective date of such termination. Such notice of termination shall comply with the notice provisions in the Notices Section above, and shall state the effective date of such termination. 9.2. TERMINATION FOR DEFAULT. If County fails to provide the services required under this Contract according to the provisions of this Contract, or fails to comply with any of the terms or conditions of this Contract, OAG may, upon written notice of default to County, terminate the Contract. Termination is not an exclusive remedy, but will be in addition to any other rights and remedies provided in equity, by law or tinder this Contract. OAG may exercise any other right, remedy or privilege which may be available to it under applicable law of the Stale and any other applicable law or proceed by appropriate court action to enforce the provisions of this Contract, or to recover damages for the breach of any agreement being derived from this Contract. The exercise of any of the foregoing remedies will not constitute a termination of this Contract unless OAG notifies County in writing prior to the exercise of such remedy. County will remain liable for all covenants under the aforesaid agreement. County and OAG will each be responsible for the payment of its own legal fees, and other costs and expenses, including attorney's fees and court costs, incurred with respect to the enforcement of any of the remedies listed herein. SC WLCS Final Shell (060314) Page 20 of 25 Vol. 205 Pe. -�� 9.3. Change in Federal or State Requirements. If federal or state laws, rules or regulations, or other federal or state requirements or guidelines are amended or judicially interpreted so that either party cannot reasonably fulfill this Contract and if the parties cannot agree to an amendment that would enable substantial continuation of the Contract, the parties shall be discharged from any further obligations under this Contract. 9.4. Rights Upon Termination. In the event that this Contract is terminated for any reason, or upon its expiration, OAG shall retain ownership of all associated work products and documentation with any order that results from or is associated with this contract in whatever form that they exist. 9.5. Survival of Terms. Termination of this Contract for any reason shall not release County 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. 10. TERMS AND CONDITIONS 10.1. FEDERAL TERMS AND CONDITIONS. 10.1.1. Compliance with Law, Policy and Procedure. County shall comply with all federal and state laws, rules, regulations, requirements and guidelines applicable to County: (1) performing its obligations hereunder and to assure, with respect to its performances hereunder, that GAG is fully and completely meeting obligations imposed by all laws, rules, regulations, requirements, and guidelines upon OAG in carrying out the IV -D program pursuant to Chapter 231 of the Texas Family Code and Title IV, Part D, of the Social Security Act of 1935, as amended; (2) providing services to OAG as these laws, rules, regulations, requirements and guidelines currently exist and as they are amended throughout the term of this Contract. Notwithstanding anything to the contrary in this Contract, OAG reserves the right, in its sole discretion, to unilaterally amend this Contract throughout its term to incorporate any modifications necessary for the OAG's or County's compliance with all applicable state and federal laws, rules, regulations, requirements and guidelines. 10.1.2. Civil Rights. Comity 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 the 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 available under 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. 10.1.3. Certification Regarding Debarment, Suspension. Ineligibility, and Exclusion from Participation in Contracts. County certifies by entering into this Contract, that neither it nor its principals are debarred, suspended, proposed for debarment, declared ineligible, or otherwise excluded from participation in this transaction by any federal department or agency. The certification requirement of this provision shall be included in all subcontracts. 10.1.4. Records Retention. County shall retain all financial records, supporting documents, statistical records, and any other records or books relating to the performances called for in this Contract. County shall retain all such records for a period of three years after the expiration of the term of this Contract, or until OAG or the United States are satisfied that all audit and litigation matters are resolved, whichever period is longer. County shall grant access to all such records to the OAG, the State Auditor of Texas, the United States Department of Health and Human Services and the Comptroller General of the United States (or any of their duly authorized representatives) for the purposes of inspecting, auditing, or copying such records. The requirements of this provision shall be included in all subcontracts. 10.1.5. Environmental Protection. 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 certification requirement of this provision shall be included in all subcontracts that exceed $100,000. SCR/1-CS Final Shell (060314) Page 21 of 25 Vol. 205 Pe. 17V 10. 1.6. Lobbying Disclosure. County 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. Upon execution of this Contract, County must sign the Certification Regarding. Lobbying attached as Attachment G and return it to OAG along with the executed copy of this Contract. This certification certifies that 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 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. The certification requirement of this provision shall be included in all subcontracts that exceed $100,000. 10.1.7. Certification Concerning Dealings with Public Servants. County, by signing the Agreement, 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. 10.2. GENERAL RESPONSIBILITIES. 10.2. 1. Independent Contractor. It is expressly understood and agreed by the parties hereto that County is an independent contractor that shall have exclusive responsibility for any and all claims, demands, causes of action of every kind and character which may be asserted by any third party occurring from, in any way incident to, arising out of or in connection with the activities to be performed by County hereunder. It is further expressly understood and agreed that any County personnel employed or retained to cant' out the terms of this Contract are deemed to be employees and/ or agents of County for purposes of retirement benefits, health insurance, all types of leave and any and all other purposes. 10.2.2. No Implied Authority. Any authority delegated to County by OAG is limited to the terms of this Contract. County shall not rely upon implied authority and specifically is not delegated authority under this Contract to: (1) Make public policy; (2) Promulgate, amend, or disregard OAG Child Support program policy; or (3) Unilaterally communicate or negotiate, on behalf of the OAG, with any member of the U.S. Congress or any member of their staff, any member of the Texas Legislature or any member of their staff, or any federal or state agency. However, County is required to cooperate fully with OAG in communications and negotiations with federal and state agencies, as directed by the OAG. 10.2.3. Force Majeure. OAG shall not be responsible for performance of the Contract should it be prevented from performance by an act of war, order of legal authority, act of God, or other unavoidable cause not attributable to the fault or negligence of the OAG. County shall not be liable to OAG for non - performance or delay in performance of a requirement under this Contract if such non - performance or delay is due to one of the following occurrences, which occurrence must not be preventable through the exercise of reasonable diligence, be beyond the control of County, cannot be circumvented through the use of alternate sources, work -around plans, or other means and occur without its fault or negligence: fire; flood; lightning strike; weather damage; earthquake; tornado; hurricane; snow or ice storms; equipment break down; acts of war, terrorism, riots, or civil disorder; strikes and disruption or outage of communications, power, or other utility. In the event of an occurrence under the preceding paragraph, County will be excused from any further performance or observance of the requirements so affected for as long as such circumstances prevail and County continues to use commercially reasonable efforts to recommence performance or observance whenever and to whatever extent possible without delay. County shall immediately notify the OAG Contract Manager by telephone (to be confirmed in writing within five calendar days of the inception of such occurrence) and describe at a reasonable level of detail the circumstances causing the non - performance or delay in performance. SCRn.CS rind Shell (060314) Page 22 oF25 Vol. 205 Pg. �� 10.2.4. News Releases. News releases, advertisements, publications, declarations and any other pronouncements by County pertaining to this transaction and using any means or media mentioning this transaction must be approved in writing by OAG prior to public dissemination. 10.3. OFFSHORING. All work to be performed under this Contract shall be performed within the United States and its territories. 10.4. RIGHT OF REMOVAL. OAG expects all services under this Contract to be competently and professionally performed. County and County's subcontractor personnel and agents shall comply with all OAG policy, procedures and requirements relating to standards of conduct and shall be courteous and professional in all communications during their performance of the requirements of this Contract. Any actions deemed incompetent or unprofessional must be remedied to the satisfaction of the OAG Contract Manager. OAG reserves the right, in its sole discretion, to require the immediate removal from the performance of services under this Contract and replacement of any County and /or County subcontractor personnel and agents deemed by OAG to be discourteous, unprofessional, incompetent, careless, 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. 10.5. Background Reviews. 10.5.1. By entering into this contract, County certifies that it will perform a background review, to include criminal history record information, of all County Agents before allowing a County Agent to provide services to OAG or to have access to OAG Data (hereinafter referred to as "contract associated service ") and that such background review shall not occur any earlier than six months prior to County Agent performing any such services. County may request OAG to perform such reviews. In such instances County shall provide OAG with County Agent's: name (including any other names used); day time phone number, date of birth; driver license number; social security number and any criminal offense convictions. OAG shall perform the reviews at its own expense. The term County Agent as used in this "Background Reviews" provision means: all persons who perform contract associated services on County's behalf including County's officials, employees, agents, consultants, subcontractors and representatives performing contract associated services. No County Agent who has been convicted of a felony for crimes involving violence, sexual offenses, theft or fraud or is a registered sex offender may perform any contract associated service. 10.5.2. The Child Support Division of the Office of the Texas Attorney General is the Title IV -D agency for the State of Texas. Pursuant to Texas Government Code Section 411.127 the Child Support Division has the right to obtain criminal history record information that relates to an entity who proposes to enter into a contract with or that has a contract with the Child Support Division. OAG shall have the right under this contract to perform initial and periodic detailed background reviews, to include a criminal history records check, on any of County's Agents that are assigned to provide services to OAG or are authorized to access, or are requesting to access, OAG Data. Upon request, and to assist OAG in performing background reviews and criminal records checks, County shall provide identifying data and any required consent and authorization to perform such reviews and checks. OAG is prohibited from revealing the results of any criminal history records check to County. .10.5.3. Within ten (10) business days after County signing the contract County (unless directed otherwise in Controlled Correspondence) shall provide OAG with a list of all County Agents who will be performing contract associated service. The list shall contain the following information: • Name (including any other names used); • Day -time phone number; • Responsibilities under the Contract; • Date of Birth; • Driver License Number; • Social Security number: and, • Criminal Offense convictions, if any. SC ILCS Final Shell (060314) Page 23 of 25 Vol. 205 Pg. —L 10.5.4. County shall provide an updated list to OAG whenever anew County Agent is assigned to perform any contract associated service. County shall notify OAG whenever a County Agent is to assume a new responsibility with regard to the performance of contract associated service. 10.5.5. No County Agent shall commence performance of contract associated service or assume new responsibilities regarding contract associated service until OAG, by Controlled Correspondence, consents to such County Agent performing such service or new responsibilities. This prohibition pertains to performance of contract associated service and is not intended to preclude County from continuing to engage County Agent's services for non - contract associated service. 10.5.6. County must require all County Agents to notify County of any arrest (to include the date of arrest, arresting entity, and charges) at the earliest possible opportunity but no later than the end of the first business day following an arrest. Within one business day after such notification, County in turn shall notify OAG of such arrest. County must also require any County Agent who has been arrested to provide an official offense report to County as soon as possible but no later than 30 calendar days after the date of the arrest. Within one business day after receipt County in turn shall provide OAG with a copy of such offense report. 10.6. NON - WAIVER OF RIGHTS. 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. 10.7. NO WAIVER OF SOVEREIGN IMMUNITY. THE PARTIES EXPRESSLY AGREE THAT NO PROVISION OF THIS CONTRACT IS IN ANY WAY INTENDED TO CONSTITUTE A WAIVER BY OAG, THE STATE OF TEXAS OR COUNTY OF ANY IMMUNITIES FROM SUIT OR FROM LIABILITY THAT OAG, THE STATE OF TEXAS OR COUNTY MAY HAVE BY OPERATION OF LAW. 10.8. SEVERABILITY. 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. 10.9. 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. 10.10. ENTIRE AGREEMENT. This instrument constitutes the entire Contract between the parties hereto, and all oral or written agreements between the parties hereto 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. 10.11. ORIGINALS AND COUNTERPARTS. 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. SCa/LCS Final Slid (060314) Pop 24 of 25 Vol. 205 Pg. 302 10.12. ATTACHMENTS. 10.12.1. Attachment A: OAG Procedures For Changes to Case Information 10.12.2. Attachment B: Record of Support, Form 1828 10.12.3. Attachment C: IRS Publication 1075 (Rev. 12-2013) 10.12.4. Attachment D: Certificate of Destruction for Counties and Vendors 10.12.5. Attachment E: County's Incident Response Plan 10.12.6. Attachment F: Security Incident Report 10.12.7. Attachment G: Certification Regarding Lobbying THIS CONTRACT IS HEREBY ACCEPTED OFFICE OF THE ATTORNEY GENERAL BRAZOS COUNTY C arles Smith Deputy for Child Support (IV -D Director) County Judge, Brazos County SCR/LCS Final Shell (060314) Pair 25 of 25 Vol. 205 Pg. .3 ATTACHMENT A OAG Procedures For Changes to Case Information County shall adhere to the OAG Procedures when a request is received for member and/or case information. Identifying Walk -In or Caller Before updating member and /or case information, such as home address, phone number, etc., verify the caller or walk -in's identity. Ask the person for the following identifiers: • Name • Case Identification Number (CIN) • Social Security Number (if CIN unavailable) • Date of Birth • Home address Unidentifiable Walk -In or Caller If there is any doubt about the caller's identity after these identifiers have been obtained, ask for the children names and date of birth. When pertinent information is unavailable on registry-only (RO) cases, county staff are prevented from verifying a caller's identity. Once all attempts to verify the caller's identity have been exhausted, instruct the caller /walk -in to take one of the following actions in order to have the member /case information updated on OAG Case Management System: Provide proof of identity via Mail, Fax or Email Provide proof of identity by providing the supporting documents: • A copy of a valid photo ID (i.e. driver's license) Provide a scanned copy of the information to be updated: • Bill with home address (i.e. utility bill) • SSN card • DOB • Name change —photo ID with new name Vol. 205 Pg..SV 0 ATTORNEY GENERAL OF TEXAS GREG ABBOTT Record of Support ATTACHMENT B This form is used by counties to provide the record of support data needed by the state case registry as required by the'1'exas Family Code § 105.008. (Counties may use the TXCSF.S Web Portal to provide this information in lieu of completing this form.) Send the completed form to the State Case Registry/County Contact Team by tax 877- 924.6872 or mail to'rxCSDU, P.O. Box 659400, San Antonio, TX 78265. County Name: AG Case Number: Court Number:. Order Type: ❑ New Order ❑ Modified Order Cause Number: Payment location: ❑ SDU ❑ County ❑ Other Order Sign Date: Date of Hearing: r•• „e., IIIto „,.., „fs��,.+„`,�,�, ❑Family Violence Protection (FV) (Check if individual isa victim ojjamilyviolence) Name: Employer Name: Address: Address: City: State: Zip: City: State: _Zip: Social Security Number: Phone: (H) (W) Date of Birth: /_/ Sex: O Male ❑ Female Relationship to Child(ren): Drivers License Number: ” obi o _,,,,J( []Family Violence Protection (FV) (Check if individual isavicdm.offam!ly violence) Name: Employer Name: Address: Address: City: State: Zip: City: State: Zip: Social Security Number: Phone: (H) (W) Date of Birth: —/—/— Sex: O Male ❑ Female Relationship to Child(ren): Drivers License Number: Name: ❑ Family Violence Protection (FV) (Check if individual is a victim affamily violence) Social Security Number: Date of Birth: !_ /— Sex: O Male ❑ Female Name:. ❑ Family Violence Protection (FV) (Check if individual is a victim offamily violence) Social Security Number: Name. Social Security Number: Name: Date of Birth: — /_ /_ Sex: 0 Male. ❑ Female ❑ Family Violence Protection (FV) (Check tfindividual is a victim ojfamily violence) Date of Birth: ! ! Sex: O Male ❑ Female ❑ Family Violence Protection (FV) (Check jlmhvidual is a victim ojjamily violence) Social Security Number: Date of Birth: _ /_ /_ Sex: O Male ❑ Female Attach additional forme ilthero one more rhiLlren far tAi" ro..er �if�"'i g Form prepared by: Phone: Date: POST OFFICE BOX 12017, AVS'riN, MESAS 787114017 TEL: (512) 460 -6000 1-900-252-8014 WEB: W W W.OAG.STATE.TX.US An Equal limplaymem(rWn kyEmpinyxr- Primed rm aeryvred Yarxr " Form 1828 Vol. 205 Pg. 5�� ATTACHMENT C IRS Publication 1075 (Rev. 12-2013) I. PERFORMANCE In performance of this contract, the contractor agrees to comply with and assume responsibility for compliance by his or her employees with the following requirements: (l) All work will be done under the supervision of the contractor or the contractor's responsible employees (2) Any Federal tax returns or return information (hereafter referred to as returns or return information) made available shall be used only for the purpose of carrying out the provisions of this contract. Information contained in such material shall be treated as confidential and shall not be divulged or made known in any manner to any person except as may be necessary in the performance of this contract. Inspection or disclosure to anyone other than an officer or employee of the contractor is prohibited. (3) All returns and return information will be accounted for upon receipt and properly stored before, during, and after processing. In addition, all related output and products will be given the same level of protection as required for the source material. (4) No work involving returns or return information furnished under this contract will be subcontracted without prior written approval of the IRS. (5) The contractor will maintain a list of employees authorized access. Such list will be provided to the agency and, upon request, to the IRS reviewing office. (6) The agency will have the right to void the contract if the contractor fails to provide the safeguards described above. II. CRIMINAUCIVIL SANCTIONS (1) Each officer or employee of any person to whom returns or return information is or may be disclosed shall be notified in writing by such person that returns or return information disclosed to such officer or employee can be used only for a purpose and to the extent authorized herein,_ and that further disclosure of any such returns or return information for a purpose or to an extent unauthorized herein constitutes a felony punishable upon conviction by a fine of as much as $5,000 or imprisonment for as long as 5 years, or both, together with the costs of prosecution. Such person shall also notify each such officer and employee that any such unauthorized further disclosure of returns or return information may also result in an award of civil damages against the officer or employee in an amount not less than $1,000 with respect to each instance of unauthorized disclosure. These penalties are prescribed by IRCs 7213 and 7431 and set forth at 26 CFR 301.6103(n) -l. (2) Each officer or employee of any person to whom returns or return information is or may be disclosed shall be notified in writing by such person that any return or return information made available in any format shall be used only for the purpose of carrying out the provisions of this Vol. 205 Pg. ATTACHMENT C IRS Publication 1075 (Rev. 12 -2013) contract. Information contained in such material shall be treated as confidential and shall not be divulged or made known in any manner to any person except as may be necessary in the performance of this contract. Inspection by or disclosure to anyone without an official need to know constitutes a criminal misdemeanor punishable upon conviction by a fine of as much as $ I,000 or imprisonment for as long as 1 year, or both, together with the costs of prosecution. Such person shall also notify each such officer and employee that any such unauthorized inspection or disclosure of returns or return information may also result in an award of civil damages against the officer or employee [United States for Federal employees] in an amount equal to the sum of the greater of $ I,000 for each act of unauthorized inspection or disclosure with respect to which such defendant is found liable or the sum of the actual damages sustained by the plaintiff as a result of such unauthorized inspection or disclosure plus in the case of a willful inspection or disclosure which is the result of gross negligence, punitive damages, plus the costs of the action. These penalties are prescribed by IRCs 7213A and 7431. (3) Additionally, it is incumbent upon the contractor to inform its officer, and employees of the penalties for improper disclosure imposed by the Privacy Act of 1974, 5 U.S.C. 552a. Specifically, 5 U.S.C. 552a(i)(1), which is made applicable to contractors by 5 U.S.C. 552a(m)(1), provides that any officer or employee of a contractor, who by virtue of his/her employment or official position, has possession of or access to agency records which contain individually identifiable information, the disclosure of which is prohibited by the Privacy Act or regulations established thereunder, and who knowing that disclosure of the specific material is prohibited, willfully discloses the material in any manner to any person or agency not entitled to receive it, shall be guilty of a misdemeanor and fined not more than $5,000. (4) Granting a contractor access to,FTI must be preceded by certifying that each individual understands the agency's security policy and procedures for safeguarding IRS information. Contractors must maintain their authorization to access FTI through annual recertification, The initial certification and recertification must be documented and placed in the agency's files for review.. As part of the certification and at least annually afterwards, contractors should be advised of the provisions of IRCs 7431, 7213, and 7213A (see Exhibit 4, Sanctions for Unauthorized Disclosure and Exhibit 5, Civil Damages for Unauthorized Disclosure). The training provided before the initial certification and annually thereafter must also cover the incident response policy and procedure for reporting unauthorized disclosures and data breaches. (See Section 10) For both the initial certification and the annual certification, the contractor must sign, either with ink or electronic signature, a confidentiality statement certifying their understanding of the security requirements. III. INSPECTION The IRS and the Agency shall have the right to send its officers and employees into the offices andplants of the contractor for inspection of the facilities and operations provided for the performance of any. work under this contract. On the basis of such inspection, specific measures may be required in cases where the contractor is found to be noncompliant with contract safeguards. Vol. 205 Pg. Office of the Attorney General — Child Support Division Certificate of Destruction for Contractors and Vendors ATTACHMENT D Hard copy and electronic media must be sanitized prior to disposal or release for reuse. The GAG tracks, documents, and verifies media sanitization and disposal actions. The media must be protected and controlled by authorized personnel during transport outside of controlled areas. Approved methods for media sanitization are listed in the NIST Special Publication 800 -88, Guidelines for Media Sanitization. htlp;//csre:nisl inv/ publications /nisioubs/SOMMISTSPBW -88 wits- gataodf Contact Name Title .Company Name and Address Phone t . You may attach an inventory of the media if ripeded for bufk;media disposition or destmctiom is Type HARD COPY, i; ELECTRONIC Mcdraimstxiption : i - (Paptr; Microfilm CompulerMedn;l`I apes etc) . K l .y 1 913x` l 4:ii �Dat%,00 ecords : * i' x, a ,nlu ''_ ?•:; DoeumenYtRecoFd ?t7ckin "Number. "' "; OAG ttvn Number s „� : "" - - :.;:Make /Model,:' -- Scott Number °= "CLEAR ,,;, WhoCpi'nplcted7 ! 777-ho hem Sanittiation P,l1RGE Phone ,f F . Phone 4t - DFSTROY .'' IDATE Campkted ,;;; I Sanitization Muhad andfot Product llsed � Reused Iritemall ,,, ” r'" Destruction- /Disposal - Returned to Manufacturer - Firial Disposition of Media RellsedyEit[emall -. "'a 9 +7t Other: Comments: p #y Jµ HFI I'i: lllaF�l l� +i Nj4 'pl�"t4l gciM "&6'4j,:� 'III Sj��i.YM1 "4�i J'J4�:{fl +i4{{k 9 A ::Aii�i w �ivF�i ^ 1Cu 1 Dtita retained; mdtcapek yw� n 4C li �i' %t.�.lblif'.: Ti'iS1y651'11.j 9a011 pinhdate it jA� e a�nyrnOAG ehtyuppS f 'illl dH ep3 to nllw �i¢n,e �s ilfalnd anylpHagriiiUdeiHd �zf nDtscri dop" tifOAGDeta; RetntnedeoiY' Rfieaiiiin' R'"" uiitine" Ift3 "�PMf- 'tn'�� "'P;'��m,`,"'t � ";Inird'ti�i ,.n `:s F+ "tklt"�.'tt'.""T:�;'S ..,:.i� Proposed method of destruction for OAG npprovuP pType of Sloregb "medte?r,i t,r . I,1'hystcal location ?ia'�Y9t� "ii — — 3 Planned destruction date ?rp;lj'ii+_ °Within file (5) days of destruction or, purging; provide the OAG with a signedlstatement containing the date of clearing, purging or destruction; desenption;of OAG -data cleared; purged or destroyed and the method(s) used., Ili, Z9Si apprtlypl has been received for the destruction of media identified above an as met all OAG Records Retention Schedule- It in state fad�eral anor incin ;requirements i d/ tal audit requirements and is not pending any open records requests.... th ry n +, is 4n I+ Record's Destroyed by: Records'Destructioq. Verified by. .:.:.: Signature ' ._, :, . ...,,.. Date ,;; -'I!ED;. Signature - I Date Be sore to enter name and contact info for who completed the data destruction and who verified data destruction in the fieldsahovee Send the signed Certificate of Destruction to: OAG: Child.Suppot`Division, Information Security gfftce, PO Box 1201:7, Austin, TX 78711 -2017 SH Revised: 01 -11 -13 Vol. 205 Pg. 1of2 Office of the Attorney General — Child Support Division Certificate of Destruction for Contractors and Vendors ATTACHMENT D INSTRUCTIONS FOR CERTIFICATE OF DESTRUCTION Hard copy and electronic media must be sanitized prior to disposal or release for reuse. The OAG tracks, documents, and verifies media sanitization and disposal actions. The media must be protected and controlled by authorized personnel during transport outside of controlled areas. Approved methods for media sanitization are listed in the NISI Special Publication 800 -88, Guidelines for Media Sanitization. fijut[ 1Q=f lisiapv_/ pibliceiio6smistoubs AO6.awiais7sr800-9e with < mtaixjr - IRS Publication 1075 directs us to the FISMA requirements and NISI' 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 Copv. 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 coov). 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 DAG 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 -6070 or send as an email attachment to: Harve .state.tx.us ;:.. ie rag n00r r INA�I �: 9 i 'Af� 67on Secrity Offcer 5 1 Final Distrbuon o ..Yngna ;cl Ln. t Certificate i , :, Management-Liaison Information Seb'u'fity Officer Copy to• I: Your Company Records -or- I 1i'. •' 12 CSD Contract Manager I�;I�ni K .'.' ,..- SH Revised: 01 -11 -13 Vol. 205 Pg. 2of2 Brazos County Incident Response Plan Adopted Date: D OVERVIEW ATTACHMENT E This Incident Response Plan is designed to provide 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. Page I of Vol. 205 Pg. ATTACHMENT E INCIDENT RESPONSE TEAM ROLES AND RESPONSIBILITIES aPositlon�;_;! ��' AND n�ai aani xn 7 eeg tr ]e nrVy.; �, �-, kt�, yr3,,; �, a^ �, ?RolesantlResponsibllfties ,_a�,�, °h rt�r. Chief Information a Immediately report incident directly to DAG CISO and DAG 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 DAG CISO Information • Central point of contact for all computer incidents Technology . Notify CISO to activate Incident Response Team Operations Center Information Privacy . Document the types of personal information that may have been Office breached • Provide guidance throughout the investigation on issues relating to privacy of customer and employee personal information • Assist in developing appropriate communication to impacted parties • Assess the need to change privacy policies, procedures and/or practices as a result of the breach Network . Analyze network traffic for signs of external attack Architecture . Run tracing tool and event loggers e Look for signs of firewall breach • Contact external internet service provider for assistance as appropriate . Take necessary action to block traffic from suspected intruder • Prepare Incident Containment Report, as appropriate, and forward to County CISO Operating Systems e 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 • Prepare Incident Containment Report, 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 • Prepare Incident Eradication Report and forward to County CISO Page 2 of 3 Vol. 205 Pg. 4 / ATTACHMENT E INCIDENT CONTACT LIST I.I. OAG Contact Information Position Name Phone Number Email address OAG Chief of s�+ Number address Information Security Willie Harvey 512 -936 -1320 willle .harveyotexasattomeygenerat.gov Officer Johnson 361 -4296 kmohnson(Abrazoscountyu.gov OAG Contract Manager Allen Broussard 5124606373 allen. broussard @texasattorneygeneral.gov 1.2. County Contact Information " i Nama 1 °;.Phone Email " ositon y s�+ Number address Chief of Information Kayla (979) Security Officer Johnson 361 -4296 kmohnson(Abrazoscountyu.gov Kayla (979) County Contract Manager Johnson 361 -4296 kjohnson@bmzoscountytx.gov Information Technology Evelyn (979) Operations Center Webster 361 -4234 ewebswr@bmzoscountytx.gov Kayla (979) Information Privacy Office Johnson 361 -4296 kjohnson@bmoscoun".gov Network Architecture Ben (979) 3 61 Truong -4310 itsupport4brazoscountym.gov Operating Systems Ben (979) Architecture Truong 361 -4310 itsupport@brazoscountytx.gov Lauren (979) Business Applications Reeves 361.4534 IreevesQbrazoscountytz.gov Kayla (979) Internal Auditing Johnson 361 -4296 kjohnson@bmzoscoun".gov Payc 3 of 3 Vol.-205 Pg. ,') ATTORNEY GENLML_OF TL %As GeEG sllsnTr To immediately report an incident please contact: ATTACHMENT F SECURITY INCIDENT REPORT For Contractors or Vendors Willie Harvey, CISSP OAG -CS Information Security Officer willie .harvev @texasattorneveeneral.eov Office (512) 460 -6764 Fax (512) 460 -6850 Instructions: Each Contractor or business partner (Contractor) is required to provide timely reporting of security incidents to the Office of the Attorney General, Child Support Division (OAG- CS) Information Security Officer (ISO). Together, the Contractor and OAG -CS ISO will assess the significance and criticality of a security incident based on the business impact to affected resources and the current and potential effect of the incident (e.g., loss of access to services, revenue, productivity, reputation; unauthorized disclosure of confidential or private information; loss of data or network integrity; or propagation to other networks). Depending on the criticality of the incident, it will not always be feasible to gather all the information prior to reporting to OAG -CS. In such cases, incident response teams should make an initial report and then continue to report information to the OAG -CS daily until the incident has been resolved and the OAG -CS ISO has closed the incident. All security incident reports provided to OAG -CS will be classified and handled as Confidential per Chapter 2059.055 Texas Government Code (TGC) and Chapter 552.139 Texas Business and Commerce Code (TB &CC). µR 1, Contact information G.t -xl.0u V,r r r, a fl I�A niu, III a-... Company Name: Full Name: Job Title: Division or office: Work phone: Mobile phone: E -mail address: Fax number: Additional contact information: (e.g., subject matter experts; incident response team members) Area of Specialty Name Email Phone # CONFIDENTIAL when filled out (Chapter 2059.55 TGC Code & 552.139 MCC) Vol. 205 Pg. 69 Page 1 of 5 Contractors - Rev. 0618 -13 krl'aRNEY GENEML of TUAS as FG ARRIITT Account compromise (e.g., lost password) Denial of service (including distributed) Malicious code (e.g., virus, worm, Trojan) Misuse of systems (e.g., acceptable use) Reconnaissance (e.g., scanning, probing) Description of incident: ATTACHMENT SECURITY INCIDENT REPORT For Contractors or Vendors Social engineering (e.g., phishing scams) Technical vulnerability (e.g., 0 -day attacks) Theft /loss of equipment /media /document Unauthorized access (e.g., systems, devices) Unknown /Other (Please describe below) .. ,h-�twaa��,,,,y�rom.III f3 Scopelof)1 tide t °(Check W.- r�fr "r "� , Estimated total cost incurred: ne)'. mwr vwRi l' n nryk f_Im i ea n .m•. L. systems, notify data owners, notify customers, credit monitoring fees, fines) ❑ Critical (e.g., affects public safety or Federal /State /individual confidential or private information) ❑ High (e.g., affects Contractor's entire network or critical business or mission systems) ❑ Medium (e.g., affects Contractor's network infrastructure, servers, or admin accounts) Low (e.g., affects Contractor's workstations or standard user accounts only) ❑ Unknown /Other (Please describe below) Estimated number of systems affected: (e.g., workstations, servers, mainframes, applications, switches, routers) Estimated number of users and /or customers affected: Third - parties involved or affected: (e.g., vendors, contractors, partners) Additional scope information: a g4 sah:'ip ray •r'eiae ttYM"a MI ,.. I Loss of access to services ❑ Loss of productivity Loss of revenue ❑ Loss of reputation a$ ile I�t v ,lmrr Ax ❑ Propagation to other networks ❑ Unauthorized disclosure of data /information ❑ Unauthorized modification of data /information ❑ Unknown /Other (Please describe below) Estimated total cost incurred: (e.g., cost to contain incident, restore systems, notify data owners, notify customers, credit monitoring fees, fines) CONFIDENTIAL when filled out (Chapter 2059.55 TGC Code & 552.239 MCC) Vol. 205 Pg. e V Page 2 of 5 Contractors - Rev. 0618 -13 ATTORNEY GENERAL or TExAs Additional impact information; ATTACHMENT F SECURITY INCIDENT REPORT For Contractors or Vendors "M., . , M ACN& e Cdirdiftaspo. &), ❑ Confidential/Sensitive/IRS data/info ❑ Personally identifiable information (Pll/PHl) ❑ Financial data /info ❑ intellectual property/copyrighted data/info F-1 Non-sensitive data/info ❑ Critical infrastructure/Key resources ❑ Publicly available data/info ❑ Unknown/Other (Please describe below) Quantity of data/information affected: Additional User and /or Customer details: (e.g., file sizes, number of records) Describe the data and /or information that may have been compromised: "M., . , M ACN& e Cdirdiftaspo. &), Number of affected Users Incident (Provld�Fas/m Number of affected Customers User Name User Job Title System access s levels or rights of affected users: (e.g., regular user, domain administrator, root) Attack destinations (e.g., 1P address, port): IP addresses of affected systems: Additional User and /or Customer details: Domain names of affected systems: �Zr ^SystemsrAf /ectedpby Incident (Provld�Fas/m eh, let a a Attack sources (e.g., 1P address, port): Attack destinations (e.g., 1P address, port): IP addresses of affected systems: Domain names of affected systems: Primary functions of affected systems: (e.g., web server, domain controller) Operating systems of affected systems: (e.g., version, service pack, configuration) Patch level of affected systems: (e.g., latest patches loaded, hotfixes) Security software loaded on affect systems: CONFIDENTIAL when filled out (Chapter 20SRSS TGC Code & 552.139 TB&CQ Vol. 205 Pg. Page a of 5 Contractors - Rev. 06-18-13 d ATTACHMENT F identify affected resources: ATT'oamy GENEML OF TE s SECURITY INCIDENT REPORT discovered, or was notified about the incident: For Contractors or Vendors (e.g., anti- virus, anti - spywore, firewoll, versions, date of latest definitions) Physical location of affected systems: (e.g., state, city, building, room, desk) Additional system details: 8Rei ,r' iati n of Indde x °P: vid q m hvdefail'a a{o slle ln' °cu do s) " Actions taken by Contractor to identify affected resources: a. Date and time when Contractor first detected, Actions taken by Cant ractor.to discovered, or was notified about the incident: contain & investigate incident: b. Date and time when the actual incident occurred: Actions taken by Contractor to (estimation If exact date and time unknown) remediate incident: c. Date and time when the incident was contained, or Actions taken by Contractor to when all affected systems or functions were restored: verify successful remediation: (use whichever date and time is later) (e.g., perform vulnerability d. Elapsed time between the incident and discovery: scan, code review, system tests) (e.g., difference between a. and b. above) Actions planned by Contractor e. Elapsed time between the discovery and restoration: to prevent similar incidents: (e.g., difference between a. and c. above) (provide timeline) Additional remediation details: 9. Timeline of incid'entd(Prowde ns muchdetat/gas, po�,�ss�bleJ �: n;;, a. Date and time when Contractor first detected, discovered, or was notified about the incident: b. Date and time when the actual incident occurred: (estimation If exact date and time unknown) c. Date and time when the incident was contained, or when all affected systems or functions were restored: (use whichever date and time is later) d. Elapsed time between the incident and discovery: (e.g., difference between a. and b. above) e. Elapsed time between the discovery and restoration: (e.g., difference between a. and c. above) CONFIDENTIAL when filled out (Chapter 2059.55 TGC Code & 552.239 7H &CC) Page 4 of 5 Contraclon - Rev. 06.3843 Vol. 205 Pg. -e 4 a,. X ATTACHMENT F ATt'oR \EY GENEML of TEM5 SECURITY INCIDENT REPORT ..... For Contractors or Vendors Detailed inbdent rimehne � � I'I' 41i I c � ` 1 � Date Time Event /Action /Comment ni:Z11PS'Y M n S' "auKM4s'S'41�IA;5$ma1�P"h C.7iY e'rvtixMi "lY"- "u,''*s'wt=`-al I'o 7' Irii 10)scellaneous, /I L�essonsle,,aar"nedg(ProvfdeT�y oGtherrele ytalnforrnotior)'a flal Ell xn.. aw "mrcm„...,aware a ,- AE ! Please submit the completed form, attachments and all updates to: Willie Harvey, CISSP OAG -CS Information Security Officer Mail Code 033 -1 5500 E. Oltorf : P.O. Box 12017 Austin, TX 78741 : Austin, TX 78711 -2017 Office (512) 460 -6764 Fax (512) 460 -6850 wil lie. harvev @texasattorneveeneraLgov *PLEASE NOTE: • All Security Incident Reporting Forms and accompanying documentation must be transmitted to OAG -CS in a safe and secure manner. • Please encrypt all documents prior to transmission. • Please contact the ISO via phone to coordinate your fax transmission or decryption password. OAG will contact the TIGTA and the IRS immediately, but no later than 24 -hours after the identification of a possible issue involving FTI. OAG should not wait to conduct an internal investigation to determine if FTI was involved. If FTI may have been involved, OAG must contact TIGTA and the IRS immediately. TIGTA contact for Texas: 972- 308 -1400 (Dallas). If criminal action is suspected (e.g„ violations of Chapter 33, Penal Code, Computer Crimes, or Chapter 33A, Penal Code, Telecommunications Crimes) the Contractor is also responsible for contacting the appropriate law enforcement and investigative authorities. CONFIDENTIAL when filled out (Chapter 2059.55 TGC Code & 552.139 TB &CCI Page 5 of 5 Contractors - Rev. 06 -18 -13 Vol.205 Pg. 7 ATTACHMENT G CERTIFICATION REGARDING LOBBYING Certification for Contracts, Grants, Loans and Cooperative Agreements The undersigned certifies, to the best of his or her knowledge and belief, that: (1) No Federal appropriated funds have been paid or will be paid by, or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of an agency, a Member of Congress, an office or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. (2) If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. (3) The undersigned shall require that the language of this certification be included in the award documents for all sub - awards at all tiers (including subcontracts, sub grants, and contracts under grants, loans, and cooperative agreements) and that all sub recipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section 1352, title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than S 10,000 and not more than $100,000 for each such failure. (Respondent Signature) (Respondent Printed Name) (Respondent Title) (Date) (Organization) Vol. 205 Pg. =11 Maintenance Renewal Victim Notification Services Brazos County oche terms and conditions included in the Agreement, this Exhibit R -11 Schedule of Payments shall the amount due to Appriss which will be paid quarterly by the Office of the Attorney General to on the Countv's behalf as described in 4.3.5 of the Grant Contract. Maintenance Amount. Customer shall pay Appriss a maintenance amount for the Renewal of Services determined as follows. This Renewal will extend services through August 31, 2015. Jail District Court County Court Annual Quarterly k of Total Maintenance Maintenance Maintenance Maintenance Maintenance Months Maintenance Amount Amount Amount Amount Amount Through Amount Due (12 Months) (4 Quarters) 8/31/15 $ 23,765.16 $3,950.16 N/A $27,715.32 $6,928.83 12 $27,715.32 Months Maintenance Amount as indicated above does not include "3rd Party Vendor Fees "' include booking system vendors, IT staff or other work that is associated with any booking system change not covered under the Vendor Certification. These services are considered additional costs and will be billed by the Certified Vendor directly to the entity. Unless approved by the OAG, in writing, in advance, the "3'd Party Vendor" may not be reimbursed by the OAG's SAVNS grant program. Vol. 205 Pg. TYPE: ORIGINAL SERVICE AGREEMENT DATE: SERVICE AGREEMENT RENEWAL DATE: SERVICE AGREEMENT RENEWAL TERM: Renewal Notice July 23, 2014 Brazos County 200 South Texas avenue, #224 Bryan TX 77803 Brazos County VINE Service March 30, 2004 September 1, 2014 12 Months NEXT SERVICE AGREEMENT RENEWAL DATE: August 31, 2015 PROJECT PRICING: $ 27,715.32 (Quarterly Amount $6,928.83) This Service Agreement Renewal Notice, unless specifically noted in the Contract Changes section below, eic[ends all pricing, service terms and other contract provisions of the prior contract period. No interruptions in delivery of Service will occur in relations to this Service Agreement Renewal. None refer to the 113rd Party Vendor Fees" referenced in the attached Exhibit R -11 . This is not a contract change, but a reminder of costs that may be incurred when n replacement and /or changes. �x��x� f�h��txY n��ii li4 v���n��tir Vk Ilit�yM 1,7y'"2lNi iii i�n�y�i• ` K AUTHORIZATION.' x 4J'2,141 `7 wr�4 yr . APPRISS, INC., BY: CUSTOMER BY n 0 iryrgN� elh iff ""..: a ��Ya' �il�,,.i'a 'tY��Y�`111n�1if i ati z��k'<g,:�.• x � 7/23/2014 Signature Date SignatureiDa i tak Thomas R. Seigle ('Ou u , ud QP, Duikl President Title Name 113�PtNti 4tl'xili6VNifi18C:BAtB AM17.fN:LY11MkOi .. .. .. Vol. 205 Piz. CONTRACT FOR RESIDENTIAL SERVICES RITE OF PASSAGE, INC. In accordance with provisions of the Governors Office, Criminal Justice Division and TJJD, Brazos County Juvenile Probation Department Juvenile Services (hereinafter called COUNTY), and Rite of Passage. Inc. (hereinafter called SERVICE AGENT), by this Agreement, and in consideration of the mutual promises set forth below, agree that: 1. CONTRACT PERIOD The contract period will be effective from August 1, 2014 through July 31, 2015. This Contract shall automatically renew and extend for an additional one year period on the first day of April of each II. PURPOSE The purpose of this Residential Services Agreement is to provide COUNTY with long term residential Care for children adjudicated to have committed delinquent conduct. The placement facility to be utilized is owned and operated by SERVICE AGENT and the business address of SERVICE AGENT is located at 2560 Business Parkway, Suite A, Minden, NV, 89423. Contract Facility Name Address City / State/ Zip Canyon State Academy 20061 East Queen Creek, AZ 85242.9715 Rittenhouse Road III. SERVICES The SERVICE AGENT is an educational, vocational and athletic program for at -risk youth. The Service Agency agrees to provide the following services, which shall be limited to adjudicated juvenile offenders in licensed child care facilities as follows: A. Provide this child with the nurture, care, clothing, treatment and training suited to his needs. B. Room 8 board, clothing, personal needs, recreation, incidentals, supervision, education, and social services. C. Transportation. Transportation includes escorted admission into the program and unescorted exit for students who have graduated/ completed the program. Students who do not complete the program will receive an escorted exit. D. Non - routine medical insurance coverage, which does not include dental, vision, or psychotropic medication. It is the responsibility of the placing agency to pay for psychotropic medications that have been prescribed to student prior to or at the time of admission. Rite of Passage will pay for psychotropic medications that have been prescribed by Rite of Passage after placement. E. Probation visits. Two probation officer visits to the youth is included within his 12 -month program. A total of two round -trip tickets will be purchased, including lodging. Vol. 205 Pg. 7 Rite of Passage, Inc. Canyon State Academy Brazos County Juvenile Probation Department Residential Contract F. Parent visits. Two round trips are provided annually, with a maximum of two visitors (mother and father, or legal guardian) per trip. G. Follow admission requirements related to medical screening, physical examination, medical testing and immunization. H. Encourage the maintenance of the natural parent -child relationship and include the child's parents in the treatment plan when possible. I. Not use corporal punishment, deprivation of meals, monetary allowances, visits from parents, home visits, threat of removal or any type of degrading or humiliating punishment and to use constructive alternative methods of discipline. J. Respect and keep confidential information given about the child and his family. K. Work toward termination of placement on a planned basis with maximum involvement of the child, parents and the agency. L. Conduct a staffing or review on this child at least quarterly. M. Submit an initial diagnostic summary to the agency within three (3) months from the date of placement. N. Submit ongoing written evaluations to the agency and /or parents or guardians quarterly. 0. Immediately notify responsible party of significant changes in this child's health, behavior or location. P. Submit copies of any pertinent information such as school reports. Medical reports and psychologicallpsychiatric reports as completed. Q. Give responsible party prior notice of at least 7 days of intent to discharge this child unless it is agreed upon with the agency that less notice is necessary. R. Conform to the applicable facility licensinglcertification requirements. S. Provide access to appropriate parties of documentation when documentation is maintained on children in their care. T. Notify the agency and /or parents or guardians immediately if an application is made on behalf of this child for any kind of income. Examples of income include, but are not limited to, child support payments, Veterans Benefits, Railroad Retirement, Social Security, RSHDI, and Supplemental Security InoomelState Supplemental Program (SSI/SSP). U. Remit to Department of Public Social Services any income received on behalf of this child while in foster care up to the full cost of board and care plus medical cost. In addition, the agency will cooperate to have the Social Security Administration, or the appropriate agency, make the Department of Public Social Services the payee for any funds received on behalf of this child. V. Provide and document paraprofessional counseling, off - campus visits or furloughs, major incidents and worker contacts. COUNTY must approve the child's participation in any furloughs, home visits, or extended agency trips. W. Ensure that the child's parent(s) or legal quardian(s), COUNTY, and specifically the County Placement Officer, including Texas Department of Human Services are notified if a child in placement makes an unauthorized departure, becomes seriously ill, or is involved in a serious accident. The COUNTY and parent(s) or legal guardian(s) will be informed immediately if during working hours. After normal working hours, the Juvenile Services On -Call Officer will be notified by calling 817 - 648 -8185 as well as the parent(s) or legal guardian(s). In the event of serious illness or accident and for any required follow -up care SERVICE AGENT shall be responsible for having the child transported to the nearest hospital or emergency care facility. If the child returns to the SERVICE AGENT within ten (10) days or prior to the last Page 2 of 9 Vol. 205 Pg. 7^Z Rite of Passage, Inc. Canyon state Academy Brazos County Juvenile Probation Department Residential Contract billing day of the month, whichever shall receive payment for those days the child was absent from the SERVICE AGENT, but not to exceed ten (10) days payment. X. Recognizing that a part of a child's rehabilitation program may include time away from the residential setting of the SERVICE AGENT such as weekends, holidays, etc., and that the SERVICE AGENT must retain space for this child until his return, COUNTY will pay the SERVICE AGENT the herein agreed upon amount for such regularly scheduled days away from the SERVICE AGENT of its program providing they do not exceed ten (10) days at any one time. Y. The SERVICE AGENT is under no obligation to retain space for the child in unauthorized departure situations. Z. The SERVICE AGENT is under no obligation to accept a child who is deemed inappropriate for placement in the program by the SERVICE AGENT. The COUNTY agrees to the following: A. Conduct a pre - placement visitation of the Rite of Passage sites. This visitation may be waived. B. Acknowledge that Rite of Passage is a behavior modification and treatment program for at -risk youth. C. Provide Rite of Passage the necessary background information and needs of the child necessary for effective care. This shall include a social work assessment, medical reports, educational assessment, psychologicallpsychiatric evaluations, and identification of special needs when necessary. This shall be made available to Rite of Passage within 14 days from date of placement. D. Work with Rite of Passage toward development of a treatment plan. E. Work toward termination of child's placement with Rite of Passage staff. F. Continue paying for this child's care as long as eligible and Rite of Passage maintains child on an active status or until Rite of Passage requests that placement be terminated. G. Assist in the maintenance of the child's constructive relationships with parents and other family members. H. Contact this child in Rite of Passage at least once a month. If case plan would indicate less frequent contact, Rite of Passage will be informed. I. Inform Rite of Passage if child has any tendencies toward dangerous behavior. J. Provide proof of medical coverage at the time of placement. (if Applicable) K. Provide authorization for medical treatment, signed by parents or legal guardian. L. Consent to the JIREH Safe Physical Management Physical Restraint Procedure as the method used by certified Rite of Passage personnel to intervene with harmful behavior. M. Consent to the Rite of Passage Concerns Programs as the protocol for students being placed in protective separation rooms. N. Consent to Rite of Passage Runaway Policy as the protocol for procedures for the truant student. O. Consent to the child participating in rigorous physical training and individual and team sports. P. Represent that the child has no physical ailments or conditions that would prevent him from participating in rigorous physical activities. Page 3 of 9 Vol. 205 Pg. %� Rite of Passage, Inc. Canyon State Academy Brazos County Juvenile Probation Department Residential Contract IV. COMPENSTATION A. For and in consideration of the above- mentioned services, COUNTY agrees to pay the SERVICE AGENT an amount not to exceed $148.11 Per day. This fee does not exceed the actual cost of child care of the SERVICE AGENT, B. SERVICES AGENT will submit an invoice for payment of services to COUNTY on a monthly basis. Said invoice shall be submitted no later than ten (10) days following the end of the invoiced month and shall include information deemed necessary for adequate fiscal control, including but not limited lo: name of the child or children for whom payment is being requested along with the number of days (stated consecutively), date service was rendered, hourly rate, total daily cost, and total monthly cost. Each invoice received for payment will be reviewed by COUNTY in order to monitor SERVICE AGENT for financial compliance with this Agreement. Invoice submitted by SERVICE AGENT in proper form shall be paid by COUNTY in a timely manner. C. SERVICE AGENT must initiate and complete any appropriate Medicaid application and complete all necessary documentation to obtain reimbursement for children who may be eligible for Medicaid. D. SERVICE AGENT is hereby notified that state funds are used to pay for services rendered to COUNTY. For this reason, SERVICE AGENT shall account for the receipt and expenditure of all funds received from COUNTY, and shall adhere to Generally Accepted Accounting Principles (GAAP) in the accounting, reporting and auditing of such funds. In the event of an investigation by the TJJD or COUNTY, the SERVICES AGENT shall submit to COUNTY upon request a financial audit prepared by independent certified public accountant. V. INVIDIVUDAL CASE PLAN AND FAMILY INVOLVEMENT A. Each child placed with the SERVICE AGENT shall have a written individualized Case Plan (ICP), developed in concert with the child and mutually agreed upon by the appropriate SERVICE AGENT staff and appropriate county personnel along with a family member within thirty (30) days of placement, identifying which of the seven (7) domains pertain to the child. The Case Plan shall be reviewed every 6 months thereafter or more often if necessary, until the child is released from the program. B. The ICP shall contain the reasons why the placement will benefit the child and specify behavior goals and objectives as they pertain to the seven (7) domains being sought for each child. included shall be how the goals and objectives are to be achieved in the SERVICE AGENT placement. The ICP shall state how the parent(s), guardian(s), and where possible, grandparents or other extended family members will be involved in the Individual Program Plan to assist in preventing or controlling the child's alleged delinquent behavior or alleged conduct indicating a need for supervision as defined in the Texas Family Code. C. Copies of the original ICP and the periodic reviews are to be maintained by the SERVICE AGENT and the COUNTY. D. COUNTY reserves the right to terminate the child's placement at the SERVICE AGENT at its discretion. The SERVICE AGENT must not release a child to any person or agency other than the COUNTY without the express consent of the COUNTY. E. Unless otherwise stipulated by COUNTY, the child may visit freely with parents and relatives at the home in accordance with established SERVICE AGENT policies. F. Suspected or alleged cases of child abuse must be immediately reported to the COUNTY and the Department of Human Services by the SERVICE AGENT. VI. EXAMINATION OF PROGRAM AND RECORDS A. The SERVICE AGENT agrees that it will permit the COUNTY to examine and evaluate its program of services provided under the terms of this contract and to review COUNTY child records. This examination and evaluation of the program may include unscheduled site visitations, observation or programs in Page 6 of 9 Vol. 205 Pg. %`/ Rita of Passage, Inc. Canyon State Academy Brazos County Juvenile Probation Department Residential Contract operation, interviews, and the administration of questionnaires to the staff of the SERVICE AGENT and the child. B. The SERVICE AGENT shall provide to the COUNTY such descriptive information on contracted child as requested on forms provided by the COUNTY. C. The SERVICE AGENT agrees to maintain and make available for inspections, audit or reproduction by an authorized representative of COUNTY and the State of Texas, books, documents, and other evidence pertaining to the cost and expenses of this contract, (hereinafter called the 'records'). D. The SERVICE AGENT shall retain all applicable records for a minimum of three years or until any pending audits and all questions arising there from have been resolved. E. Provide the COUNTY with a written report of the child's progress on a monthly basis in a Monthly Progress Report. F. 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: 1. percentage of youth in program successfully achieving set education goals, ii. percentage of youth achieving set.vocational goals, iii. percentage of youth achieving set social skills goals, iv. percentage of youth demonstrating overall progress, v. number and type of investigations made by the TXDFPS or any law enforcement agency due to reports of abuse and /or neglect. These records shall be made available to COUNTY for periodic inspection. G. Service Provider shall adopt and comply with all federal, state, county, and city laws, ordinances, regulations and standards applicable to the provision of services described herein and the performance of all obligations undertaken pursuant to this Contract, including the Prison Rape Elimination Act of 2003 (PREA) which establishes a zero - tolerance standard against sexual assault of incarcerated persons, including juveniles, and addresses the detection, elimination, prevention, and reporting of sexual assault in facilities housing adult and juvenile Offenders. H. Under PREA, Service Provider shall make available to the CPO all incident -based and aggregated data reports for every allegation of sexual abuse at its facility or facilities, and all such data may be requested by the Department of Justice from the previous calendar year no later than June 30 (PREA §115.387(e) and (f)] I. Service Provider shall be monitored, at their expense, once in every three- year auditing cycle and documentation of this audit including any non-compliance shall be given to Juvenile Probation. i. Service Provider shall choose a monitor that meets all applicable PREA requirements and is pre - approved by Juvenile Probation. ii. Juvenile Probation may conduct their own audit, at any time, to determine Service Providers compliance with PREA standards. J. Service Provider shall assist fully with any and all audits. VII. CONFIDENTIALITY OF RECORDS A. SERVICE AGENT shall maintain strict confidentiality of all information and records relating to children involved with COUNTY, 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. Page 5 of 9 Vol. 205 Pg. %� Rite of Passage, Inc. Canyon State Academy Brazos County Juvenile Probation Department Residential Contract VIII. DISCLOSURE OF INFORMATION A. SERVICE AGENT warrants that, prior to entering this contract, it has verified and disclosed the following information to COUNTY, 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 COUNTY: i. Any and all corrective action required by any of SERVICE AGENT's licensing authorities; ii. 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 SERVICE AGENT that has direct contact with juveniles was the alleged or designated perpetrator; iii. The identity of any of SERVICE AGENT'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 and misdemeanor probation or parole; (2) a felony conviction or deferred adjudication within the past ten (10) years; or (3) a jail able misdemeanor conviction or deferred adjudication within the past five (5) years. IK ASSURANCES A. The SERVICE AGENT is accountable for delivery of quality services and shall provide information necessary to enable COUNTY to comply with standards of TJJD and to measure progress toward specified Goals and Outcomes, if applicable. B. Under Section 231.006, Family Code, the SERVICE AGENT certifies that the individual or business entity named in this contract is not ineligible to receive the specified payment and acknowledges that this contract may be terminated, and payment may be withheld if this certificate is inaccurate. C. The SERVICE AGENT understands that acceptance of funds under this contract acts as acceptance of the authority of the State Auditors Office, or any successor agency, to conduct an audit or investigation in connection with those funds. SERVICE AGENT further agrees to cooperate fully with the State Auditors Office or its successor in the conduct of the audit or investigation, including providing all records requested. SERVICE AGENT will ensure that this clause concerning the authority to audit funds received indirectly by subcontractors through SERVICE AGENT and the requirement to cooperate is included in any subcontract it awards. D. The SERVICE AGENT will pay all taxes, if any, required by law arising by virtue of the services performed hereunder. The COUNTY is qualified for sales tax exemption pursuant to Section 151.309 of the Texas Limited Sales Excise and Use Tax Act. E. The SERVICE AGENT currently meets and shall comply with all applicable state and federal laws and licensing and /or certification requirements pertinent to the SERVICE AGENT's provision of services under this agreement and must notify COUNTY within 24 hours of any future failure to meet licensing requirements. Failure to comply with this requirement will be treated as a default. F. Neither COUNTY nor any employee thereof is an agent of the SERVICE AGENT and neither SERVICE AGENT nor any employee thereof is an agent of COUNTY. This agreement does not and shall not be construed to entitle either party or any of their respective employees, if applicable, to any benefit, privilege or other amenities of employment by the other party. G. SERVICE AGENT agrees to indemnify and hold harmless the COUNTY against any and all claims, lawsuits, settlements, judgments, penalties and expenses, including attorneys fees, with respect to SERVICE AGENT'S performance under this contract for which the SERVICE AGENT is liable. H. No person not a party to this contract may bring a cause of action pursuant to this contract as a third party beneficiary. This contract may not be interpreted to waive the sovereign immunity of any party to this contract to the extent such a party may have immunity under Texas law. Page 6 of 9 Vol. 205 Pg. %4 Rite of Passage, Inc. Canyon State Academy Brazos County Juvenile Probation Department Residential Contract I. SERVICE AGENT agrees to comply with all applicable laws, regulations and conditions required of TJJD for juvenile boards, juvenile probation departments and their subcontractors. X. REPRESENTATION AND WARRANTIES SERVICE AGENT hereby represents and warrants the following: A. That it has all necessary right, title, license, and authority to enter into this Agreement; B. That it carries sufficient insurance to provide protection to COUNTY under the indemnity provisions as well as for any potential liabilities that arise form or related to this Agreement; and C. That all of its employees, interns, volunteers, subcontractors, agents and /or consultants will be property 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 TJJD administrative riles regarding abuse, neglect and exploitation allegations. XI. FEE ASSESSMENT A. Children or their families shall not be assessed fees for services by the SERVICE AGENT unless arrangements are specified by the Court. This does not preclude reasonable attempts to seek voluntary contribution from families of county children for donations of clothing, personal articles, and funds to assist in supporting a youth's rehabilitation. B. If a child is eligible for fiscal support from another slate agency or organization, the SERVICE AGENT shall ensure that COUNTY is not charged for such fiscal support for which the child is otherwise eligible. XII. EQUAL OPPORTUNITY A. Services shall be provided by the SERVICE AGENT in compliance with the Civil Rights Act of 1964. The SERVICE AGENT will not discriminate against any employee, applicant for employment, or child because of race, religion, sex, national origin, age or handicapped condition. B. The SERVICE AGENT will take affirmative action to ensure that applicants are employed, and that the employees are treated during employment without regard to their race, religion, sex, national origin, age, or handicapped condition. XIII. OFFICIALS NOT TO BENEFIT A. No officer, member or employee of COUNTY 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 out who exercise any functions or responsibilities in the review or approval of the undertaking or carrying out of this project, shall participate in any decision relating to this contract which affects his personal interest or have any personal or pecuniary interest, direct or indirect in this contract or the proceeds thereof. Page 7 of 9 Vol. 205 Pg. %% Rite of Passage, Inc. Canyon State Academy Brazos County Juvenile Probation Department Residential Contract XIV. TERMINATION A. Termination — Without Cause: This contract may be terminated by either party by providing written notice to the other party at least thirty (30) days prior to the intended date of termination. Any notice or other writing required by this contract shall be deemed given when personally delivered or mailed certified or registered United States Mail, postage prepaid, addressed as follows: Brazos County Juvenile Probation Charles Douglas Vance Chief, Brazos County 1904 W.SH21 Bryan, TX 77803 -1217 B. Termination — With Cause: SERVICE AGENT Rite of Passage, Inc. Ms. Carolyn Jenkins- Bower,Chief Financial Officer 2560 Business Parkway, Suite A Minden, NV 89423 The COUNTY may terminate this contract within ten (30) days of delivery of written notice for SERVICE AGENT'S failure to achieve the defined goals, outcomes, strategies and outputs as set forth in the provisions and attachments to this contract and/or SERVICE AGENT'S failure to comply with all terms and conditions set forth in this contract. Notice of termination shall be deemed given to SERVICE AGENT when personally delivered or mailed certified or registered United States Mail, postage prepaid at the address listed above in Paragraph A— Termination —Without Cause. C. LIQUIDATED DAMAGES 1. In the event that this contract is terminated for cause by COUNTY, SERVICE AGENT agrees to pay COUNTY for any monies paid for services not rendered by SERVICE AGENT prior to the effective date of termination of this contract. XV.AMENDMENT COUNTY may amend, modify, or alter the terms of this Agreement and specify an effective dale thereof. COUNTY will then notify SERVICE AGENT in writing, dated subsequent to the date hereof, of such changes and their effective date. Continuation of services after the effective date by SERVICE AGENT will signify its acceptance of these changes. If SERVICE AGENT declines to accept changes made by COUNTY, SERVICE AGENT may terminate this Agreement subject to the conditions therein. XVI. LAW AND VENUE A. In any legal action arising under this contract, the laws of Texas shall apply and venue shall be in the Brazos County Juvenile Probation Department. Page 8 of 9 Vol. 205 Pg. If Brazos County Juvenile Probation Department STATE OF TEXAS . � �� p By: j4 4 Mr. Charts Douglas Vance, Chief Juvenile Probation Officer 1904 W.SH21 Bryan, Texas 77803 -1217 Under direction of the Juvenile Board, I recommend to Commissioners Court that this renewal be approved. Date: Brazos County Commissione Court: By: - S2-, Duane Peters County Judge 200 S. Texas Ave., Ste. 332 Bryan, Texas 77803 Date: Q -5-14 Rite of Passaoe, Inc. By: Q &Wn Mrs. f arolyn Jenkins - Bower, Chief Operating Officer 2560 Business Parkway, Suite A Minden, NV 89423 Phone #: 775- 267 -9411 Fax: 775- 267 -9420 Date: 3 I, q Vol. 205 Piz. .1'7X Page 9 of 9 STATE OF TEXAS COUNTY OF BRAZOS § CONTRACT FOR RESIDENTIAL SERVICES In accordance with provisions of the Brazos County Juvenile Board, the Brazos County Juvenile Services Department, hereinafter called "JUVENILE DEPARTMENT," and Father Flanagan's Boys' Home hereinafter called "SERVICE AGENCY," by this Agreement, and in consideration of the mutual promises set forth below agree to the following: I. PROVISIONS OF SERVICE A. The SERVICE AGENCY agrees to provide the following residential services for housing and supervision of alleged or adjudicated juvenile offenders placed in licensed juvenile care facilities by the JUVENILE DEPARTMENT (hereinafter referred to as "residents'), which services shall be limited to: 1. Provide secure and /or non - secure residential facilities for residents at the Levels of Care indicated in Addendum #1 and #2 (which are attached hereto and incorporated herein for all purposes); 2. Provide medical attention for each resident placed in the SERVICE AGENCY's facilities in accordance with Paragraph 0. of this Article I; 3. Provide crisis intervention for each resident placed in the SERVICE AGENCY's facilities at the Levels of Care indicated in Addendum #1 and #2, including all emergency counseling and routine counseling for each resident, as necessary; 4. SERVICE AGENCY shall be financially responsible for all medical, dental, psychiatric, pharmacy, optometry, and therapeutic care provided to a youth up to a maximum of $5,000 annually. Any medical, dental, pharmacy or optometry needs that exceed the $5,000 maximum annually will be the financial responsibility of the Department. Any medical procedure in excess of the $5,000.00 maximum must be approved by JUVENILE DEPARTMENT PRIOR to service. Should request not be met, JUVENILE DEPARTMENT WILL NOT cover said procedure; 5. Participate in the formulation, preparation, review and modification of an Individual Program Plan (IPP) for each resident, pursuant to Article II. herein; 6. Prepare and maintain a written progress report for each resident, as provided in Paragraph I. of this Article I.; and Vol. 205 Pg. S6 7. Maintain records for residents in accordance with the provisions hereof. B. As consideration for the above - specified services, the JUVENILE DEPARTMENT agrees to pay the SERVICE AGENCY an amount not to exceed the amount allowed in the current C7D Maximum Rate Schedule, as restated in Addendum #1 and #2 and calculated per resident for each day in which each resident is provided residential services hereunder. C. Recognizing that a resident's rehabilitation program may include scheduled time away from the residential setting of the SERVICE AGENCY, such as weekends, holidays, etc., and that the SERVICE AGENCY must retain space for a resident during a scheduled absence until his /her return, the JUVENILE DEPARTMENT will pay the SERVICE AGENCY the amount agreed upon in Addendum #2 for such scheduled absence days; provided, however, that the JUVENILE DEPARTMENT will not be responsible for paying to retain space for any resident for an absence of more than three (3) consecutive days, unless the SERVICE AGENCY has obtained prior approval from the JUVENILE DEPARTMENT. D. If a resident makes an unauthorized departure from the residential setting of the SERVICE AGENCY, the JUVENILE DEPARMENT shall be notified immediately. If the absent resident returns to the SERVICE AGENCY within three (3) days or prior to the last billing day of the month, whichever occurs first, the SERVICE AGENCY shall be entitled to bill JUVENILE DEPARTMENT for those days in the monthly billing period the resident was absent from the SERVICE AGENCY, provided that the JUVENILE DEPARTMENT shall not be required to pay for an unauthorized absence extending beyond three (3) consecutive days, regardless of applicable billing period. E. The SERVICE AGENCY is under no obligation to retain space for a resident absent without authorization. F. Payment by the JUVENILE DEPARTMENT is to be made monthly. Billing for payment will be submitted by the SERVICE AGENCY for each calendar month no later than ten (10) days from the last day of the month for which payment is being requested. G. Each billing should be itemized to contain the PID# of each resident for whom payment is being requested, the number of days each resident was in residence during that billing month, and each resident's Level of Care for the billing month. SERVICE AGENCY will be provided resident's PID# at time of admission. H. The SERVICE AGENCY is under no obligation to accept any juvenile for residency who is deemed by the SERVICE AGENCY to be inappropriate for placement in its facilities. I. The SERVICE AGENCY shall provide each resident's Probation Officer with a written report of the resident's progress on a monthly basis. Vol. 205 Pg. r/ J. If a .resident in placement at the SERVICE AGENCY makes an unauthorized departure, becomes seriously ill, or is involved in an incident of a serious nature, the SERVICE AGENCY shall notify the resident's Probation Officer and the JUVENILE DEPARTMENT Placement Officer immediately and shall ensure that parents and proper authorities, including the Texas Department of Human Services, are also notified immediately. K. The JUVENILE DEPARTMENT reserves the right to terminate a resident's placement at the SERVICE AGENCY at its discretion. The SERVICE AGENCY must not release a resident to any person or agency other than the JUVENILE DEPARTMENT without the prior express written consent of the JUVENILE DEPARTMENT. L. Prior approval must be obtained from the JUVENILE DEPARTMENT before any resident's participation in any furloughs, home visits, field trips or extended agency trips, SERVICE AGENCY accepts FULL RESPONSIBILITY for any actions, incidents, accidents, etc. that resident may be involved when removed from SERVICE AGENCY's facilities for any reason whatsoever. M. Unless otherwise stipulated by the JUVENILE DEPARTMENT, a resident may freely visit with parents and relatives at the SERVICE AGENCY, in accordance with established SERVICE AGENCY policies. N. Suspected or alleged cases df child abuse at facilities of SERVICE AGENCY, whether involving residents, staff, or others, must be Immediately reported to the JUVENILE DEPARTMENT Placement Officer and the Department of Human Services. JUVENILE DEPARTMENT and SERVICE AGENCY recognize the following Nebraska Legislature regarding allegations of child abuse at residential facilities: (1) When any physician, medical institution, nurse, school employee, social worker, or other person has reasonable cause to believe that a child has been subjected to child abuse or neglect or observes such child being subjected to conditions or circumstances which reasonably would result in child abuse or neglect, he or she shall report such incident or cause a report of child abuse or neglect to be made to the proper law enforcement agency or to the department on the toll -free number established by subsection (2) of this section. Such report may be made orally by telephone with the caller giving his onher name and address, shall be followed, by a written report, and to the extent available shall contain the address and age of the abused or neglected child, the address of the person or persons having custody of the abused or neglected child, the nature and extent of the child abuse or neglect or the conditions and circumstances which would reasonably result in such child abuse or neglect, any evidence of previous child abuse or neglect including the nature and extent, and any other information which in the opinion of the person may be helpful in establishing the cause of such child abuse or neglect and the identity of the perpetrator or perpetrators. Law enforcement agencies receiving any reports of child abuse or neglect under this subsection shall notify the department pursuant to section 28 -718 on the -next working day-by telephone or-mail.-(Nebr-Rev.- Stat. -28- 711) - -- -- Vol. 205 Pg. 8� (2) The department shall establish a statewide toll -free number to be used by any person any hour of the day or night, any day of the week, to make reports of child abuse or neglect. Reports of child abuse or neglect not previously made to or by a law enforcement agency shall be made immediately to such agency by the department. 0. The SERVICE AGENCY shall not dispense prescription medication to residents without prior approval of a physician and the JUVENILE DEPARTMENT; and, it is further provided that the SERVICE .AGENCY shall obtain emergency medical care and hospitalization for residents as needed, recognizing that emergency medical care and hospitalization are the responsibility of residents' parents and the JUVENILE DEPARTMENT must be given notice within twenty -four (24) hours of any emergency treatment or hospitalization. P. All identifying information pertaining to each referral shall be held in strictest confidence, in accordance with Title III, Section 58.005 of The Texas Family Code. I1. INDIVIDUAL PROGRAM PLAN AND FAMILY INVOLVEMENT A. Each resident placed with the SERVICE AGENCY shall have a written Individualized Program Plan (IPP) developed in concert with the resident and mutually agreed upon by the appropriate SERVICE AGENCY Staff and appropriate JUVENILE DEPARTMENT Staff prior to placement. B. The IPP shall be reviewed jointly by the appropriate SERVICE AGENCY Staff, the resident, and the appropriate JUVENILE DEPARTMENT Staff at reasonable intervals, not to exceed ninety (90) days, to assess the resident's progress; modifications of the ,IPP shall be made,when indicated. C. The IPP shall contain the reasons why the placement will benefit the resident and shall specify behavioral goals and objectives that are to be achieved in the SERVICE AGENCY placement; and, this IPP shall state 'a plan as to how the parent(s) and /or guardian(s) shall be involved in the IPP to assist in preventing or controlling the resident's alleged delinquent behavior or alleged conduct indicating a need for supervision, as defined In The Texas Family Code. D. Copies of the original IPP and the periodic reviews are to be maintained by the SERVICE AGENCY and the JUVENILE DEPARTMENT Placement Officer. III. EXAMINATION OF PROGRAM AND RECORDS A, The SERVICE AGENCY agrees that it will permit the JUVENILE DEPARTMENT to examine and evaluate its program of services provided under the terms of this Agreement and to review the SERVICE AGENCY's resident records. This examination and evaluation of the program will include unscheduled site visitations, Vol. 205 Pg. 8.3 observation of programs in operation, Interviews, and the submission of questionnaires to the staff of the SERVICE AGENCY and the residents. . B. The SERVICE AGENCY shall provide to the JUVENILE DEPARTMENT such information on residents as requested on forms provided by the JUVENILE DEPARTMENT. C. The SERVICE AGENCY agrees to maintain and make available for inspection, audit, br reproduction by an authorized representative of the JUVENILE DEPARTMENT and the State of Texas, books, documents, and other evidence pertaining to. the costs .and expenses of this Agreement, hereinafter called the "Records." D. The SERVICE. AGENCY agrees to maintain these Records for three (3) years after final payment or until the State - approved audit'has been made and all questions therefrom are resolved. IV. GOALS, OUTPUT; AND MEASURABLE_ OUTCOMES A. The SERVICE AGENCY agrees to pursue the goals and values of the JUVENILE DEPARTMENT through providing services to each resident, which services enable resident growth and development to the resident's fullest potential. This development will be accomplished through provision of a safe, drug -free environment in which services are utilized as tools for educational, emotional, and behavioral catharsis. B. The SERVICE AGENCY shall provide the JUVENILE DEPARTMENT information that outlines the output measures of the services provided to its residents. This information shall be'provided to the JUVENILE DEPARTMENT within ten (10) working days from execution of this Agreement and within ten (10) working days following any revisions or updates. of that information. These output measures may include, but are not limited to: Average length of stay of residents; 2. Specific types of milieu implemented by the SERVICE AGENCY; 3. Average number of counseling hours provided each resident daily, weekly, or monthly; and 4. Number and types of reporting. measures. C. The SERVICE'AGENCY agrees to furnish the JUVENILE DEPARTMENT information on annual indicators which measure the outcomes of effectiveness of the SERVICE AGENCY in providing public benefits from its residential services. This information will be furnished to the JUVENILE DEPARTMENT within ten (10) working days from the execution of this Agreement and within ten (10) working days from any -annual update -of such information: These-measurable outcomes -may include: -- Vol. 205 Pg. 1. The percentage of residents successfully completing the program. 2. The percentage of residents who are reunited with family or guardians. 3. The percentage of youth who remain drug -free, do not re-offend and /or remain in school for a designated aftercare period. V. FEE ASSESSMENT A. Residents or their families shall not be assessed fees for services by the SERVICE AGENCY, unless the Court orders fee arrangements. The SERVICE AGENCY and the JUVENILE DEPARTMENT shall not be precluded from reasonable attempts to seek voluntary contributions from families of residents for donations of clothing, .personal articles, and funds to assist in supporting a youth's rehabilitation. B. If a resident is eligible for fiscal support from another agency or organization, the SERVICE AGENCY shall ensure that the JUVENILE DEPARTMENT is not billed for such fiscal support for which the resident is otherwise eligible. VI. EQUAL OPPORTUNITY A. Services shall be provided by the SERVICE AGENCY in compliance with the Civil Rights Act of 1964. The SERVICE AGENCY will not discriminate against any employee, applicant for employment, or resident because of race, religion, color, sex, national origin, age, or handicapping condition. B. The SERVICE AGENCY will take affirmative action to ensure that applicants are recruited, hired and trained, and that employees are treated fairly during employment, without regard to their race, religion, color, sex, national origin, age, or handicapping condition. C. The SERVICE AGENCY agrees that it shall adopt and implement workplace guidelines concerning persons with AIDS and HIV Infection and shall also develop and implement guidelines regarding confidentiality of AIDS and HIV related medical information for employees of said SERVICE AGENCY and for residents, staff and residents served by the JUVENILE DEPARTMENT, in accordance with the provisions found in Acts 1969, 715 Leg., Ch. 1195, Section 5.03 and Section 5.04. VII. OFFICIALS NOT TO BENEFIT A. No officer, member or employee of the JUVENILE DEPARTMENT or SERVICE AGENCY, nor any member of their governing bodies, nor any other public official of the governing body of the locality or localities in which the project is situated or being carried out who exercises any functions or responsibilities in the review or approval of - - - the- undertaking -or-carrying out-ofthis project, shall -pa rtid pate- in- any decision- relating - -- Vol. 205 Pg. to thls Agreement which affects his personal interest, have any personal or pecuniary interest, direct or indirect, in this Agreement or the proceeds thereof. VIII. DEFAULT A. The JUVENILE DEPARTMENT may, by written notice of default to the SERVICE AGENCY, terminate this Agreement in whole or in part, upon any one of the following circumstances; 1. If the SERVICE AGENCY fails to perform the work called for by this Agreement within the time specified herein or any extension thereof; or 2. If the SERVICE AGENCY fails to perform any of the other provisions of this Agreement, or so fails to prosecute the work as to endanger performance of this Agreement in accordance with its terms. B. Upon occurrence of either of these two circumstances, the JUVENILE DEPARTMENT may grant the SERVICE AGENCY an extension of time to cure such failure; provided, however, that if SERVICE AGENCY fails to cure such failure within a period of ten (10) days from such extension authorized by the JUVENILE DEPARTMENT, the JUVENILE DEPARTMENT may terminate this Agreement in writing. C. Upon receipt of information from its own monitoring or other verifiable sources that the SERVICE AGENCY has not complied with any of the provisions herein, the JUVENILE DEPARTMENT may terminate this Agreement in accordance with Article X. herein or, at its discretion, take other corrective actions it deems necessary, including but not limited to; 1. Requiring the SERVICE AGENCY to take specific corrective action in order to remain in compliance with this Agreement; 2. Recoup payment made to SERVICE AGENCY; 3. Impose recommendations from audit to investigative findings, or sanctions; and /or 4. Suspend, place into abeyance, or terminate any contractual rights, including but not limited to, withholding payment, cessation of placement and /or removal of any of the residents then in the program. IX. ASSURANCES A. Services provided under this Agreement shall be provided in accordance with all applicable local, state and federal rules, regulations, laws, statutes or ordinances. B. The SERVICE AGENCY certifies compliance with all terms, provisions and 7 Vol. 205 Pg. 84 requirements of Title VI and VII, Civil Rights Act of 1964, the Americans With Disabilities Act of 1990, and any other federal, state or local rule, regulation, law, statute or ordinance applicable to the performance of this Agreement. C. The SERVICE AGENCY certifies that it and /or its staff have obtained all necessary licensing and permitting to enable it to carry out its obligations under this Agreement and that SERVICE AGENCY and its staff have professional liability insurance. D. Pursuant to Section 231.006 of the Texas Family Code, the SERVICE AGENCY certifies that It Is not ineligible to receive the state- funded grant, loan, or payment and acknowledges that this Agreement may be terminated and payment may be withheld if this certification is inaccurate. E. The SERVICE AGENCY agrees to account separately for the receipt and expenditure of any and all state funds received from the JUVENILE DEPARTMENT. F. The JUVENILE DEPARTMENT, BY THIS AGREMENT, is engaging with the SERVICE AGENCY in whole or in part to provide services, more particularly described above. Either party to this Agreement may be a covered entity under the Healthy Insurance Portability and Accountability ad ( HIPAA). The SERVICE AGENCY shall, during the term of this Agreement, remain in compliance with all of the applicable HIPAA regulatory provisions. The JUVENILE DEPARTMENT reserves the right to receive assurance of compliance, including but not limited to, inspection of the SERVICE AGENCY's HIPAA policies, procedures and practices. The SERVICE AGENCY shall inform the JUVENILE DEPARTMENT of any breaches or violations that may occur during the term of this Agreement, including breaches or violations made by business associates, representatives or agents of the JUVENILE DEPARTMENT. Failure to comply with this provision is a breach of this Agreement and in JUVENILE DEPARTMENT's sole discretion may result in termination of this Agreement or other appropriate action. G. The SERVICE AGENCY certifies that it has in place insurance against personal injury and property damage that may be suffered by any person or entity as a result of the use of its residential facilities used in performance of its obligations hereunder. The SERVICE AGENCY shall indemnify the JUVENILE DEPARTMENT and Brazos County and hold the JUVENILE DEPARTMENT and Brazos County harmless for any injury, claim or property damage or loss suffered by any party as a result of the negligence or intentional ads of SERVICE AGENCY relating to SERVICE AGENCY's provision of services under Agreement. SERVICE AGENCY shall not be required to indemnify or hold harmless the JUVENILE DEPARTMENT or Brazos County for the negligence or intentional ads of the employees, agents, representatives, or volunteers of the JUVENILE DEPARTMENT or Brazos County. X. TERMINATION A. This Agreement may be terminated by either party by giving ten (10) days written notice to the other party hereto of the intention to terminate. Vol. 205 Pg. Y", B. Termination by the SERVICE AGENCY of any services to any resident shall occur only after first notifying the JUVENILE DEPARTMENT Placement Officer of the causes and with lead -time of at least ten (10) days to allow alternate placement or referral for service elsewhere. XI. LAW AND VENUE A. Any legal action arising under this Agreement, the laws of the State of Texas shall apply and venue shall be in Brazos County. XII. AGREEMENT TERM A. The term of this Agreement will begin on the date of execution of this instrument and will terminate on the 31' of July 2015. This Agreement is signed and executed this 5" day of August, 2014. BRAZOS COUNTY JUVENILE SERVICES DEPARTMENT By Set Dr. Doug Vance, Executive Director Brazos County Juvenile Services Department 1904 West Highway 21 Bryan, TX 77803 -1217 Phone: 979 - 823 -3544 ext. 223 Fax: 979-822-6098 Under direction of the Juvenile Board, I recommend to Commissioners Court that this renewal be approved. MISSIONERS COURT By: Duane Peters, County JudgE Brazos County 200 S. Texas Ave., Ste. 332 Bryan, TX 77803 Phone: 979 - 361 -4102 Fax: 979 - 361 -4503 FATHER FLANAGAN'S BOYS' HOME a Dan Daly, Executive Vice President and Director of Youth Care Father Flanagan's Boys' Home 13603 Flanagan Boulevard Boys Town, Nebraska 68010 Phone: 402 -498 -3343 Fax: 402- 498 -1125 Vo1.205 Pg. �� ADDENDUM #1 Family Home Program At this service level, the care provided in the Boys Town Family Home Program is based on a research- proven and evidenced based model of care. Youth live In a family -style home and receive care from professionally trained married couples called Family - Teachers. Six to eight boys or girls, usually ages 10 to 18, live in each home. The couple and a full -time Assistant Family- Teacher are responsible for providing monitoring and supervision for youth in their daily living and structured activities, This includes meeting the educational, emotional, and behavioral needs of the youth in care. A major focus of this program is teaching youth social, independent- living, and educational skills, and helping them build healthy relationships with others. With a focus on reunification, the Family- Teaching staff works with families to achieve permanency, safety, and child well- being. Youth admitting to the program are first served by using our research proven evidenced based model of care, which is a teaching model. If it is determined that a youth could benefit from therapeutic services they may be referred to the Boys Town's Outpatient Clinic for individual, family or group therapy based on an assessment. For youth on medications they will be referred for medication management. Enhanced Family Home Program At this service level, the care provided in the Boys Town Enhanced Family Home Program is based on a research - proven and evidenced based model of care. Youth live in a family -style home and receive care from professionally trained staff called Family - Teachers. Four to six boys or girls, usually ages 10 to 14, live in each home. Youth residing in these homes are in need of more intense supervision, structure, monitoring and oversight within a smaller staff ratio "family" home. Using the same evidence -based Family Home Model of Care, the smaller staff ratio allows for an increased number of teaching interactions to address higher needs of these youth. Enhanced Family Homes have additional security features and overnight awake staff, while still providing compassionate, effective care in a family style environment. The children also learn social skills, attend school, participate in extracurricular activities and take part in daily chores and activities. With a focus on reunification, the Family- Teaching staff works with families to achieve permanency, safety, and child well - being. Youth admitting to the program are first served by using our research proven evidenced based model of care, which is a teaching model. If it is determined that a youth could benefit from therapeutic services they may be referred to the Boys Town's Outpatient Clinic for individual, family or group therapy based on an assessment. For youth on medications they will be referred for medication management. ]0 Vol. 205 Pg. $ f ADDENDUM #2 1. Payment Terms and Conditions: FFBH shall be compensated $148.11 per day per youth for Family Home Services. FFBH shall be compensated $185.00 per day per youth for Enhanced Family Home Services. FFBH shall be compensated for the date of the youth's entry into FFBH's facility or program, but not for the date of youth's discharge from FFBH's facility or program. The Department shall make payment within thirty (30) days of submission of an Invoice. 2, Medical, Dental. Pharmacy and Optometry: FFBH will be financially responsible for all medical, dental, psychiatric, pharmacy, optometry, and therapeutic care provided to a youth up to a maximum of $5,000 annually. Any medical, dental, pharmacy or optometry needs that exceed the $5,000 maximum annually will be the financial responsibility of the Department. 3. Transportation: FFBH shall be financially responsible for transportation costs, including those at the time of admission and departure as well as visits for youth, relative or other. 4. Clothing and Personal Needs: The Department will ensure that youth has adequate clothing for the duration of treatment in FFBH's programs. Vol. 205 Pz. 9� CONTACTS Family Homes Billing Contact Assistant Department Financial Officer Jim Fees -YC Building 13603 Flanagan Blvd Boys Town, NE 68010 (402) 498 -1957 iames.fees(@boystown.org Agency Contact Billing Address Lisa Lyon 1904 West Highway 21 Bryan, TX 77803 979- 823 -3544 ext. 222 IivonCa co.brazos.tx.us Boys Town Medical Billing Contact Dan! Figgins- Insurance Specialist 13603 Flanagan Blvd. Boys Town, NE 68010 402 -498 -1912 danielle floains aabovstown oro Notification to FFSH: All written communication and notifications regarding contract services shall be made to: Sarah Miller Father Flanagan's Boys' Home 13603 Flanagan Blvd Boys Town, NE 68010 (402) 498 -3343 Sarah. miller @boystown.org Notification to Aaencv: All written communication to Agency shall be made to: Linda Ricketson 1904 West Highway 21 Bryan, TX 77803 979- 823 -3544 ext. 222 Ilvon(&co.brazos.tx us 12 Father Flanaaan's Boys' Home aka Boys Town AUDIT REPORTING COMPLIANCE 8: INFORMATION As the Agency contracting for services with Father Flanagan's Boys' Home aka Boys Town (and affiliates), It is necessary for this document to be completed and returned with the signed contract. Your Agency's Finance Director may assist in the completion of this page. This Information is required as part of OMB Circular No. A -133 Audits of States, Local Governments, and Non-Profit Organizations. Questions regarding this page may be directed to: Cheri Sash, Boys Town Finance, Grants and Contracts Manager (402) 498 -3147 or Cheri.Sash@boystown.org Please complete this entire form. Agency Name: Program(s): Contract Number: Effective Dates: 1) In regards to the A -133 Single Audit Act, do you consider Boys Town a vendor or a sub recipient of federal monies? Vendor go to question #2 Subreelpient go to question #3 2) As a vendor, are there federal or state funds attached to this contract that your State requires to be reported under the A -133 Single Audit Act? No Yes . go to question #3 3) Please identify the related percentage of federal funds and CFDA number for your contract: Source of Funds Pro ram Title CFDA d and /or CSFA # • Percentage Amount [ *] Catalog of Federal Domestic Assistance number or Catalog of Fiona State r/nanda) Assfstance Date: Signature : Print Name: Title: -Email Address: 13 Vol. 205 Pg. 9� July 15, 2014 13 Brazos County Purchasing Department 200 SOUTH TEXAS AVE SUITE 352 BRYAN, TX 77803 PHONE (979) 361 -4290 FAX (979) 3614293 JUL 282014 Vulcan, Inc. Phone: 1 -800- 633-6845 P.O. Box 1850 Fax: 251- 943 -1544 Foley, Alabama 36536 -1850 Email: vulean3@vulcaninc.com Attn: David Beviacqua 2 br& Re: Renewal of Contract for Road Signs and Sign Posts - 2014 -SIR previously known as 1014 -IOR Brazos County appreciates the quality work your company has provided and would like to exercise the renewal option for Road Signs and Sign Posts - 2014 -811 prevlously known as 2014 -IOR and 2013 -11. All terms, conditions, and pricing shall remain the same. This renewal will be for one year and will start November 23, 2014 through November 23, 2015 To accept the renewal option, please fill out the information and sign below. Return the signed documents by email to Icontreras@brazoscountytx.gov or fax to (979) 3614293. Please then submit the original signed documents and an updated Certificate of Insurance by mail to the address listed above. Please return acceptance as soon as possible. If you have any questions, l may be reached at (979) 361.4294. Contact Name: David B. Beviacaua Telephone: ROO- 633 -6845 E -Mail: vulcan3 @vulcaninc.com Fax: 251- 943 -1544 INC. - -. 1/21114 Authorized Agnature Date BRA OS OUN \.A-Kj;; — 2 br& Duane Peters, County Judge Date Vol. 205 Pg. 93 ?fin` r Brazos County Purchasing Department nr as 200 SOUTH TEXAS AVE SUITE 352 BRYAN, TX 77803 PHONE (979) 3614290 FAX (979) 361 -4293 July 18, 2014 N -LINE Traffic Maintenance PO Box 4750 Bryam, TX 77805 Attn: Chad England, David Gorman Phone: 979 - 778 -9999 Fax: Email: david.gonnan @n- linetraffic.com Re: Renewal of Contract far Lane Striping and Pavement Markers — 201"5R previously known as 2014 -05 Brazos County appreciates the quality work your company has provided and would like to exercise the renewal option for Lane Striping and Pavement Markers — 2014 -85R previously known as 2014 -05. All terms, conditions, and pricing shall remain the same. This renewal will be for one year and will start November 19, 2014 through November 18, 2015 To accept the renewal option, please fill out the information and sign below. Return the signed docurents by email to talvarado @brazoscountytx.gov or fax to (979) 361 -4293. Please then submit the original signed documents and an updated Certificate of Insurance by mail to the address listed above. Please return acceptance as soon as possible. If you have any questions, I maybe reached at (979) 3614294. ContactNaam�me:- P& nC(0Q G!2`41 (t Telephone: 'I I "l� 11� —��� I E -Mail: I-� o n- I � r,I I& IC). C O VV) Fax: Q rjq' -(I �— N 2—( N -LIN FFIC MAINTENANCE tricia England, President of N -LINE Management, L.I.C., General Partner of — Z Authorized Signature N -LINE Traffic Maintenance, L.P. Date BRA COU 5 Duane Peters, County Judge Date Vol.-205 Pg. 5V i1� _.. MAIL SERVICE ANNUAL CONTRACT BRAZOS COUNTY PURCHASING DEPT. Brazos County Courthouse 200 S. Texas Ave., Ste. 352 IQ Request No. 2014 -72 Bryan, Texas 77803 Page 1 of 7 Pages Telephone (979) 3614294 GENERAL REQUIREMENT FOR CONTRACT �I _ �d ya t 1hsi1Sryir r I, �t/���.0 CI'f as a duly authorized representative of "Contractor" willingly attest to perform (or deliver) as per Exhibit "A" for Brazos County. I further agree to all of the provisions and specifications contained in this contract. ASSIGNMENT The successful offeror may not assign, sell or otherwise transfer this contract without written permission of Brazos County Commissioners Court. Should there be a change in ownership or management; the contract shall be terminated unless a mutual agreement is reached with the new owner or manager to continue the contract with its present provisions and prices. AWARD Brazos County reserves the right to award this contract on the basis of LOWEST AND BEST OFFER in accordance with the laws of the State of Texas, to waive any formality or irregularity, to make awards to more than one offeror, to reject any or all bids. CONTRACT OBLIGATION Brazos County Commissioners Court must award the contract and Brazos County Judge or other person authorized by Brazos County Commissioners Court must sign the contract, before it becomes binding on Brazos County or the offerors. Department heads are NOT authorized to sign agreements for Brazos County. Binding agreements shall remain in effect until all products and/or services covered by this purchase have been satisfactorily delivered and accepted. QUANTITIES The quantities specified in this agreement are estimates only. Brazos County does not guarantee to purchase any minimum quantities or services other than those listed on a purchase order. CONTRACT RENEWALS Renewals may be made ONLY by written agreement between Brazos County and the offeror. Any and all price escalations shall not be accepted and shall be considered a non - response. Vol. 205 Pg. 1�5� SOQ Continuation Sheet . SOQ Request No. 201472 BRAZOS COUNTY, TEXAS Page 2 of 7 Pages HOLD HARMLESS AGREEMENT Contractor, the successful offeror, shall indemnify and hold Brazos County harmless from all claims for personal injury, death and/or property damage resulting directly or indirectly from contractor's performance. Contractor shall procure and maintain, with respect to the subject matter of this bid, appropriate insurance coverage including, as a minimum, public liability and property damage with adequate limits to cover contractor's liability as may arise directly or indirectly from work performed under terms of this bid. Certification of such coverage must be provided to Brazos County upon request. INSPECTIONS & TESTING Acceptance of merchandise, work, and/or equipment provided shall be made by Brazos County at the sole discretion of the Commissioners Court when all terms and conditions of the contract and specifications have been met to its satisfaction, including the submission to Brazos County of any and all documentation as may be required. ADDITION/MODIFICATION OF LOCATIONS OR SERVICES Brazos County reserves the right to add locations as these additional locations may be required. Locations to be added may include, but not limited to, expansions or additions to existing facilities and acquisition or construction of new properties. In the event that Brazos County makes significant structural changes to an existing facility that impacts the contractor's cost in providing the services anticipated by this contract such change may be treated as a new facility and the procedures provided for in this section may be followed in determining an appropriate price. In the event Brazos County wishes to add other locations to a group under the Contract, a quotation will be solicited from the incumbent contractor in good standing for the group in which the new location is appropriately situated. In the event Brazos County shall sell, vacate, abandon, or otherwise dispose or terminate a location to which the contract applies, all existing contracts or agreements or services applicable to such location, the portion of this contract that applies to such locations is terminated. All remaining portions of the contract will remain intact. Brazos County will endeavor to give the Contractor written notice of such termination of locations a minimum of thirty (30) days in advance. INVOICES & PAYMENTS Payments to Contractors will not be made if the Contractor cannot produce a Brazos County Purchase Order. Offerors shall submit an original invoice on each purchase order or purchase release after each delivery, indicating the purchase order number. Invoices must be itemized. Any invoice, which cannot be verified by the contract price and%or is otherwise incorrect, shall be corrected by the Contractor. When multiple deliveries and/or services are required, the offeror may invoice following each delivery or performance of service and Brazos County will pay on invoice with in thirty (30) days upon receipt of invoice. Contracts providing for a monthly charge will be billed and paid on a monthly basis only. The Contractor will provide an invoice for each month in which Brazos County is responsible for payment, during the duration of the contract. Prior to any and all payments made for goods and/or services provided under this contract, the offeror should provide his Taxpayer Identification Number or social security number as applicable. This information must be on file with Brazos County Auditor's office. Failure to provide this information may result in a delay in payment and/or back -up withholding as required by the Internal Revenue Service. . Vol. 205 Pg. /n' SOQ Continuation Meet BRAZOS COUNTY, TEXAS SOQ Request No. 201472 Page 3 of 7 Pages PRICING Prices for all goods and/or services shall be firm for the duration of this contract and shall be stated on the Pricing/Delivery Information form. Prices shall be all inclusive: No price changes, additions, or subsequent qualifications will he honored during the course of the contract. All prices must be written in ink or typewritten. Pricing on all transportation, freight, drayage and other charges are to be prepaid by the contractor and included in the bid prices. If there are any additional charges of any kind, other than those mentioned above, specified or unspecified, offeror MUST indicate the items required and attendant costs or forfeit the right to payment for such items. Where unit pricing and extended pricing differ, unit pricing prevails. TAXES Brazos County is exempt from all federal excise, state and local taxes unless otherwise stated in this document. Brazos County claims exemption from all sales and/or use taxes under Texas Tax Code §151.309, as amended. Texas Limited Sales Tax Exemption Certificates will be furnished upon written request to Brazos County Purchasing Agent. GOVERNING FORMS In the event of any conflict between the terms and provisions of these requirements and the specifications, the specifications shall govern. In the event of any conflict of interpretation of any part of this overall document, Brazos County's interpretation shall govern. In the event of a conflict between the terms, conditions, provisions, and specifications of this document and any other terms, conditions, provisions, and specifications provided by the Contractor; the terms of this document shall supersede. GOVERNING LAW This bid solicitation is governed by the competitive bidding requirements of Brazos County Purchasing Act, Texas Local Government Code, §262.021 et seq., as amended. Offerors shall comply with all applicable federal, state avid local laws and regulations. Offeror is further advised that these requirements shall be fully governed by the laws of the State of Texas and that Brazos County may request and rely on advice, decisions and opinions of the Attorney General of Texas and Brazos County Attorney concerning and portion of these requirements. DISQUALIFICATION OF OFFEROR Upon signing this bid document, an offeror offering to sell supplies, materials, services, or equipment to Brazos County certifies that the offeror has not violated the antitrust laws of this state codified in Texas Business and Commerce Code §15.01, et seq., as amended, or the federal antitrust laws, and has not communicated directly or indirectly the bid made to any competitor or any other person engaged in such line of business. Any or all bids may be rejected if Brazos County believes that collusion exists among the offerors. Bids in which the prices are obviously unbalanced may be rejected. If multiple bids are submitted by an offeror and after the bids are opened, one of the bids is withdrawn, the result will be that all of the bids submitted by that offeror will be withdrawn; however, nothing herein prohibits a Contractor from submitting multiple bids for different products or services. Vol. 205 Pg. SOQ Continuation Sheet BRAZOS COUNTY, TEXAS SEVERABILITY If any section, subsection, paragraph, sentence, clause, phrase specifications shall be held invalid, such holding shall not a requirements and the specifications and it is hereby declared tha been included in these requirements and the specifications as omitted. SOQ Request No. 2014 -72 Page 4 of 7 Pages or word of these requirements or the fleet the remaining portions of these t such remaining portions would have though the invalid portion had been SILENCE OF SPECIFICATIONS The apparent silence of specifications as to any detail, or the apparent omission from it of a detailed description concerning any point, shall be regarded as meaning that only the best commercial practice is to prevail and that only material and workmanship of the finest quality are to be used. All interpretations of specifications shall be made on the basis of this statement. The items furnished under this contract shall be new, unused of the latest product in production to commercial trade and shall be of the highest quality as to materials used and workmanship. Manufacturer furnishing these items shall be experienced in design and construction of such items and shall be an established supplier of the item bid. TERMINATION Brazos County reserves the right to terminate the contract for default if offeror breaches any of the terms therein, including warranties of offeror or if the offeror becomes insolvent or commits acts of bankruptcy. Such right of termination is in addition to and not in lieu of any other remedies which Brazos County may have in law or equity. Default may be construed as, but not limited to, failure to deliver the proper goods and/or services within the proper amount of time, and/or to properly perform any and all services required to Brazos County's satisfaction and/or to meet all other obligations and requirements. Brazos County may terminate the contract without cause upon thirty (30) days written notice. POLICY REQUIREMENTS FOR CERTIFICATE OF INSURANCE CONTRACTOR'S INSURANCE The Contractor /Contractor, before starting work for Brazos County, must furnish Brazos County a Certificate of Insurance or other acceptable evidence from a reputable insurance company or companies with an A.M. Best Rating of AA@ (such companies to be acceptable to Brazos County) licensed to write insurance in the state of Texas, showing that the Contract is covered by the insurance as follows: (l) Statutory Workers Compensation Insurance with Emplovers Liability Insurance to the amount of $1,000,000. In the event any work is sublet, the Contractor shall require the subcontractor similarly to provide the same coverage and shall himself acquire evidence of such coverage on behalf of the subcontractor. (TLC Sec. 401.011) (2) Commercial General Liability Insurance with a $ 1,000,000 Combined Single Limit. The policy shall be on the Comprehensive General Liability 1986/90 occurrence form, and shall include coverage for acts of independent contractors, and shall name Brazos County as an additional insured. Waiver of subrogation is required. No claims made policies are acceptable without prior approval by the Commissioners Court/Risk Management. Vol. 205 Pg. flf� SOO Contioustioo Sheet BRAZOS COUNTY, TEXAS SOQ Request No. 2014-72 Page S of 7 Pages (3) Automobile Public Liability Insurance with a S 500,000 Combined Single Limit, in all self - propelled vehicles used in connection with the contract, whether owned, non -owned or hired. Waiver of subrogation is required. The Certificate of Insurance furnished to Brazos County shall contain a provision that coverage under such policies shall not be canceled or materially changed until at least 30 days prior written notice has been given to Brazos County LEMTATIONS The parties are aware that there are constitutional and statutory limitations on the authority of Brazos County to enter into certain terms and conditions of the Agreement, including, but not limited to, authorizations of the placement of liens on Brazos County property; disclaimers and limitations of warranties; disclaimers and limitations of liability for damages; waivers, disclaimers and limitations of legal rights, remedies, requirements and processes; limitations of periods to bring legal action; granting control of litigation or settlement to another party; liability for acts or omissions of third parties; payment of attorneys' fees; dispute resolution; indemnities; and confidentiality (collectively, the "Limitations "). Any Agreement terms and conditions related to the Limitations will not be binding on Brazos County except to the extent authorized by the laws and Constitution of the State of Texas. COVERAGESIWAGES Nothing in this Agreement shall be construed as making Brazos County responsible for the payment of compensation and /or any benefits for Contractor including health, property, motor vehicle, workers' compensation, disability, death, and dismemberment insurance for the Contractor's employees and/or equipment. Nothing in the Agreement shall be construed as making Brazos County responsible for wages, materials, logistical support, equipment, and related travel expenses incurred by the Contractor. SOVEREIGN IMMUNITY The parties understand that Brazos County does not waive or relinquish any immunity or defense on behalf of itself, officers, employees, agents, and volunteers as a result of its execution of this Agreement and the performance of the covenants contained herein. Further, Brazos County is not responsible for any civil liability that arises from any act or omission made within the course and scope of this Agreement. The Parties understand and agree that Brazos County does not assume civil liability under any theory of law for the actions of the Contractor in providing services hereunder. NOTICES Notices shall be mailed to the addresses designated herein or as may be designated in writing by the parties from time to time and shall he deemed received when sent postage prepaid U.S. Mail to the following addresses: BRAZOS COUNTY: Brazos County, Texas Duane Peters, Brazos County Judge 200 South Texas Avenue, Suite 332 Bryan, Texas 77803 Vol. 205 Pg. I 1 SOQ Continuation Sheet BRAZOS COUNTY, TEXAS CONTRACTOR. Sales Contact Nan z Number: )f -?7i SOQ Request No. 2014 -72 Page 6 or 7 Pages Billing Info: t Ns yco� , ASSIGNABILITY This agreement may not be assigned without the prior written permission of Brazos County. FISCAL FUNDING CLAUSE Notwithstanding any provisions contained herein, the obligations of Brazos County are expressly contingent upon the availability of funding for the obligations contained herein for the term of the Agreement and any extensions thereto. WAIVERS No waiver by either party hereto of any term or condition of this Agreement shall be deemed or construed to be a waiver of any other term or condition or subsequent waiver of the same term or condition. ENTIRE AGREEMENT This Agreement represents the entire and integrated agreement between Brazos County and the Contractor and supersedes all prior negotiations, representations, or agreements, either written or oral. This Agreement may only be amended by written instrument approved and executed by the parties. AVAILABILITY AND RETENTION OF RECORDS All records relating to the service provided under this contract and supporting documentation for invoices submitted to Brazos County by the Contractor shall be retained and made available by the Contractor for audit by Brazos County, it duly authorized representatives, the State of Texas (including, but not limited to the Auditor of the State of Texas, Inspector General or duly appointed law enforcement officials) and agencies of the United States Government. Such records shall be returned by Contractor and made available for any time period required by state or federal law. If changes occur in the governing state or federal law, regarding retention records, Contractor shall comply with such changes. If an audit is initiated before the expiration of such time periods required by state or federal law regarding retention of records, the Contractor shall retain such records until the audit is concluded and all issues resolved. Contractor shall provide Brazos County with copies of such audits that be conducted with respect to the contract. AUDIT RESPONSIBILTY The Contractor shall be responsible for receiving, replying to and/or complying with any audit exception by appropriate federal, state or local audit directly related to the provision of this contract. The Contractor shall repay to Brazos County the full amount received for duplicate billings, erroneous billings, false or deceptive claims. The Contractor recognizes and agrees that Brazos County may withhold any money due and recover through any appropriate method any money erroneously paid under this contract if evidence exists of less than full compliance with this contract. Vol. 205 Pg. Aoo SOQ Continuation Sleet SOQ Request No. 201472 BRAZOS COUNTY, TEXAS Page 7 of 7 Pages INDEMNIFICATION The Contractor shall defend, indemnify and save harmless Brazos County and all its officers, agents, and employees from all suits, actions, or claims of any character, name and description including attorney's fees expenses brought for or on account of any injuries or damages received or sustained by any person or persons or property, by or from the said Contractor or his employees or by or in consequence of any negligence in safeguarding the work, or through the use of unacceptable materials in construction of the work, or by or on account of any act of omission, the Worker Compensation Law or any other law, ordinance, order or decree, and so much of the money due the said Contractor under and by virtue of his contract as shall be considered necessary by Brazos County may be retained for the use of Brazos County, or in case no money is due, his sureties shall be held until suit or suits, action or actions, claim or claims for injury or damages as aforesaid shall have been settled and satisfactory evidence to that effect furnished Brazos County. Contractor shall defend, indemnify and save harmless Brazos County, its officers, agents and employees in accordance with this indemnification clause regardless of whether the injury or damage is caused in part by Brazos County, its officers, agents or employees. The undersigned affirms that they are duly authorized to execute this contract, that this proposal has not been prepared in collusion with any other Proposer, and that the contents of this proposal have not been communicated to any other Proposer prior to the official opening of this proposal. The signatory also agrees to all provisions ands cat s ofJhis contract. Signed By: Title: Typed Name:N Company Name: �!/41i l�y /C� Phone No. 9 7 f 7 iY-6 z9�T— Email Address: f haw Mailing Address: V601 %%AZWY41MtH-e, / ✓- %74 P. O. Box or Street City State Zip Employer Identification Number: ?1/— ^ 2 Social Security Number: A rov Commi tercCourt on this day/o�f,� l 2014 by u�— ing the position of L'.OldXI�J LA &a& Vol. 205 Pg. ./0/' EXHIBIT "A" IQ 2014 -72 Mail Services for Brazos County Contract Term: October 1, 2014 — September 30, 2016 Fill out "Informal Quotes" form and hand deliver or mail to the Brazos Countv Purchasine Department 200 South Texas Ave.. Suite 352; Bryan, TX 77803 in a sealed envelope clearly marked "IQ 2014 -72, Mail Services for Brazos County". Include the signed Contract and a copy of the required insurance with the submission of quotes. The required Insurance is listed in the attached Contract. Quotes must be received by the Brazos considered. Brazos County will not accept any pricing if delivered via email or fax. Pricing proposals or IQ's delivered to any other person or department other than previously specified, will not be considered responsive. Brazos County is soliciting quotations for an Annual Contract for United States Mail Processing and other ancillary mail duties for Brazos County governmental offices. All other tools implements, personnel, supervision, labor, supplies, equipment, vehicles, and all effort necessary to carry out the services as required for this operation will be provided by the successful bidder. Prices quoted shall be for a two (2) year period, with an option for renewal for two (2) additional one (1) year periods. SPECIFICATIONS A. PICK UP LOCATIONS: 1. Brazos County Tax Office, 300 E. Wm. J. Bryan Pkwy, Bryan 2. Brazos County Administration Building, 200 S. Texas Ave, Bryan B. REQUIRED SERVICE: 1. Pick up Brazos County's outgoing mail each Monday through Friday (exclusive of Federal and County holidays) between 2:00 p.m. and 2:30 p.m. at two Brazos County Locations. (Please see locations above) 2. Sort, weigh and affix first class postage to all mail the same day it is picked up form Brazos County. 3. Deliver by courier to a processor of choice; all first class mail weighing two (2) ounces or less which can be bar - coded. (The processor of choice will barcode and deliver the mail to the United States Post Office in Houston, Texas.) 4. Contractor will inform Brazos County of the processor of their choice before any service is started. Contractor shall inform Brazos County with in 30 days of any change orprocessors during the course of this contract. 5. Take all mail that is not suitable for bar- coding, to -wit items weighing more than two (2) ounces, or of a non - standard size, or larger than a 4 10 envelope to the Bryan Main United States Post Office at 2121 E. Wm. J. Bryan Pkwy, Bryan, Texas for mailing on the same day that it is picked up from Brazos County. 6. Provide a monthly report showing the number of pieces of mail processed each day, the number of pieces processed for-bar-coding and the total amount of postage cost Exhibit A Page 1 of 5 Vol. 205 Pg. . EXHIBIT "A" -• - - -• - - -IQ 2014 -72 Mail Services for Brazos County Contract Term: October 1, 2014 —September 30, 2016 Fill out "Informal Quotes" form and hand deliver or mail to the Brazos County Purchasing Department 200 South Texas Ave., Suite 352: Bryan, TX 77803 in a sealed envelope clearly marked "IQ 2014 -72, Mail Services for Brazos County". Include the signed Contract and a copy of the required insurance with the submission of quotes. The required Insurance is listed in the attached Contract. Quotes must be received by the Brazos County Purchasing Department by 2:00p .m., Tuesday July 8 2014 or they will not be considered. Brazos County will not accept any pricing if delivered via email or fax. Pricing proposals or IQ's delivered to any other person or department other than previously specified, will not be considered responsive. Brazos County is soliciting quotations for an Annual Contract for United States Mail Processing and other ancillary mail duties for Brazos County governmental offices. All other tools implements, personnel, supervision, labor, supplies, equipment, vehicles, and all effort necessary to carry out the services as required for this operation will be provided by the successful bidder. Prices quoted shall be for a two (2) year period, with an option for renewal for two (2) additional one (l) year periods. SPECIFICATIONS A. PICK UP LOCATIONS: I. Brazos County Tax Office, 300 E. Wm. J. Bryan Pkwy, Bryan 2. Brazos County Administration Building, 200 S. Texas Ave, Bryan B. REQUIRED SERVICE: I. Pick up Brazos County's outgoing mail each Monday through Friday (exclusive of Federal and County holidays) between 2:00 p.m. and 2:30 p.m. at two Brazos County Locations. (Please see locations above) 2. Sort, weigh and affix first class postage to all mail the same day it is picked up form Brazos County. 3. Deliver by courier to a processor of choice; all first class mail weighing two (2) ounces or less which can be bar- coded. (The processor of choice will barcode and deliver the mail to the United States Post Office in Houston, Texas.) 4. Contractor will inform Brazos County of the processor of their choice before any service is started. Contractor shall inform Brazos County with in 30 days of any change of processors during the course of this contract. 5. Take all mail that is not suitable for bar - coding, to -wit items weighing more than two (2) ounces, or of a non - standard size, or larger than a # 10 envelope to the Bryan Main United States Post Office at 2121 E. Wm. J. Bryan Pkwy, Bryan, Texas for mailing on the same day that it is picked up from Brazos County. 6. Provide a monthly report showing the number of pieces of mail processed each day, the number of pieces processed for bar - coding and the total amount of postage cost Exhibit A Page 1 of 5 Vol. 205 Pg. /C registered by the postage meter for the Brazos County Mail ONLY. (Ex: Excel Spreadsheetoi'so Waremeans 7. Listed below are estimated numbers of pieces of mail sent by Brazos County in a year span. This is just an estimate. Brazos County will not be obligated to any minimum or maximum quantities of mail. Pieces of mail will vary in quantity and size every day. Mail Service Estimated PiecesNear 1 at Class 104,000 Post Cards 73.000 112 oz Bar -coded Mail 162,000 Total Est. Pieces 339,000 Total Est. Posts a Paid $176,000 S. When required by special circumstances, Contractor shall accept Brazos County's outgoing mail at Contractor's place of business when delivered there by Brazos County prior to 4:00 p.m. Contractor shall affix postage to Brazos County outgoing mail when received prior to 4:00 p.m. C. OPTIONS Contractor shall choose one of the two options below. 1. Postage Meter - OPTION 1 a) Contractor will provide a postage meter that will be dedicated solely for Brazos County Mail. b) Contractor shall be responsible for the lease, all necessary repairs, service, maintenance and/or replacement of the dedicated meter. c) Contractor will be responsible for monitoring postage usage and for making a timely request for additional postage. (See NOTE 1 below) d) Contractor will use the dedicated postage meter for Brazos County mail only. e) Contractor will use bulk mail permit number issued to Brazos County by the United States Postal Service for Brazos County mail only. f) The Contractor will be responsible for providing all labor, equipment, material and consumables necessary for the production of the mailing service. NOTE 1: Subsequent filling of the meter will be handled as follows: Contractor shall be responsible for submitting a memorandum to the Brazos County Purchasing Agent at least thirty (30) days prior to the projected completed consumption of the postage on the postage meter or when the meter reads $7,500.00 in postage. Brazos County will be responsible for adding postage amounts to the Pitney Bowes meter. Exhibit A Page 2 of 5 Vol. 2 05 Pg. 16 2. Posta¢e Meter -'OPTION 2 a) Contractor shall advance or prepay the cost for all postage for Brazos County. Brazos County will then reimburse the Contractor each month, after the County Auditor receives the report containing the mail count as mentioned in the specifications. b) Contractor will use bulk mail permit number issued to Brazos County by the United States Postal Service for Brazos County mail only. c) Contractor will be responsible for monitoring postage usage. d) Contractor will be responsible for adding postage amounts to the postage meter. D. INSURANCE REQUIREMENTS 1. Successful bidder must provide evidence of required insurance prior to award. Full description of insurance requirements are listed in the attached Contract. E. AWARD The contract award shall be based on, but not necessarily limited to, the following factors: a) Cost b) Special needs and requirements of Brazos County c) Time needed to complete service d) Location of Contractor (distance that vehicles will travel for services) e) Contractors past performance record with Brazos County 2. Although the cost of products to be provided is an essential part of the award, Brazos County is not obligated to award a contract on the sole basis of cost but will award to Contractor considered to be the best value to Brazos County. F. MISCELLANEOUS I. Contractor must sign and agree to all terms and conditions of Brazos County Service Contract attached or quote submission will not be valid. 2. Contractor must submit and post all questions regarding this solicitation on the Brazos Valley Online Bidding System located at Any questions received via email or phone call will not be answered. Exhibit A Page 3 of 5 Vol. 205 Pg. /4S� G. QUOTES Fill out section below and hand deliver or mail to the Brazos County Purchasing Department, 200 South Texas Ave., Suite 352; Bryan, TX. 77803 in a sealed envelope clearly marked "IQ 2014 -71, Tree Removal Service ". Include the signed Contract and a copy of the required insurance with the submission of quotes. The required Insurance is listed in the attached Contract. Quotes must be received by the Brazos County Purchasing Department by 2.00p.m Tuesday July 8 2014 or they will not be considered. Brazos County will not accept any pricing if delivered via email or fax. Pricing proposals or IQ's delivered to any other person or department other than previously specified, will not be considered responsive. 2. Contractor shall quote total cost in one lump sum for this tree to be cut down and removed from the cemetery. 3. Contractor is required to quote a percentage of postage used for Brazos County mail. Brazos County will pay the percentage of the total postage used on Brazos County Mail as measured by the amounts recorded on the Pitney Bowes mail meter used by the successful bidder for Brazos County. For example: If awarded Contractor used $3,000.00 of postage on Brazos County's mail for a particular month of services; and the percentage quoted on contract is 14 %; Contractor would bill Brazos County for the amount of $420.00 for that month of service. 4. Contractor shall choose one (1) of the two options provided above and list that chosen option below. If option is not list in Contractor's submission, Brazos County may consider the submission non- responsive. 5. Contractor shall provide their processor of choice below. Si0 0 /so - -11&� per- wt OYLA Cost of Mail Service _° Option Choice 4: G;�, (Must choose one of the two options provided above for this quote to be valid) Processor to be used: a_e '4twi�� Exhibit A Page 4 of 5 Vol. 205 Pg. /d(0/ The undersigned affirms that they are duly authorized to execute this contract, that this bid has not been prepared in collusion with any other bidder, and that the contents of this bid have not been communicated to any other bidder prior to the official opening of this bid. Furthermore, the bidder affirms that they are willing and capable of performing the services entailed in this bid or providing the goods described in this bid, and agrees to do so for the term of this contract. The bidder also agrees to all of the terms and a condition contained in this document and agrees to be held to them for the term of this contract. yy Name of Company: �w9 /b(4i` / �PivGiGP Tax ID #: 7 —Z z Email: de I oQu •• ke,t 1(2 lk 4 i, 60 k, Telephone #: q 7 1 - g /4 LI(j— Printed Name: S--c` �L or, Signature of Authorized Exhibit A Page 5 of 5 Vol. 205 Pg. LZ FILTERS CONTRACT BRAZOS COUNTY PURCHASING DEPT. Brazos County Courthouse 200 S. Texas Ave., Ste. 352 IQ Request No. 2014 -80 Bryan, Texas 77803 Page 1 of 7 Pages Telephone (979) 3614294 GENERAL REQUIREMENT FOR CONTRACT I, PA r /14 11 � � 1 Son as a duly authorized representative of fillisaly a se e DA4-Kleeu A4 r "Contractor" willingly attest to perform (or deliver) as per Exhibit "-- or Brazos County. 1 further agree to all of the provisions and specifications contained in this contract. ASSIGNMENT The successful offeror may not assign, sell or otherwise transfer this contract without written permission of Brazos County Commissioners Court. Should there be a change in ownership or management; the contract shall be terminated unless a mutual agreement is reached with the new owner or manager to continue the contract with its present provisions and prices. AWARD Brazos County reserves the right to award this contract on the basis of LOWEST AND BEST OFFER in accordance with the laws of the State of Texas, to waive any formality or irregularity, to make awards to more than one offeror, to reject any or all bids. CONTRACT OBLIGATION Brazos County Commissioners Court must award the contract and Brazos County Judge or other person authorized by Brazos County Commissioners Court must sign the contract before it becomes binding on Brazos County or the offerors. Department heads are NOT authorized to sign agreements for Brazos County. Binding agreements shall remain in effect until all products and/or services covered by this purchase have been satisfactorily delivered and accepted. QUANTITIES The quantities specified in this agreement are estimates only. Brazos County does not guarantee to purchase any minimum quantities or services other than those listed on a purchase order. CONTRACT RENEWALS Renewals may be made ONLY by written agreement between Brazos County and the offeror. Any and all price escalations shall not be accepted and shall be considered a non- response. Vol. 205 Pg. 16 1�1 IQ Continuation Sheet BRAZOS COUNTY, TEXAS IQ Request No. 2014 -80 Page 2 of 7 Pager HOLD HARMLESS AGREEMENT Contractor, the successful offeror, shall indemnify and hold Brazos County harmless from all claims for personal injury, death and/or property damage resulting directly or indirectly from contractor's performance. Contractor shall procure and maintain, with respect to the subject matter of this bid, appropriate insurance coverage including, as a minimum, public liability and property damage with adequate limits to cover contractor's liability as may arise directly or indirectly from work performed under terms of this bid. Certification of such coverage must be provided to Brazos County upon request. INSPECTIONS & TESTING Acceptance of merchandise, work, and/or equipment provided shall be made by Brazos County at the sole discretion of the Commissioners Court when all terms and conditions of the contract and specifications have been met to its satisfaction, including the submission to Brazos County of any and all documentation as may be required. ADDITION/MODIFICATION OF LOCATIONS OR SERVICES Brazos County reserves the right to add locations as these additional locations may be required. Locations to be added may include, but not limited to, expansions or additions to existing facilities and acquisition or construction of new properties. In the event that Brazos County makes significant structural changes to an existing facility that impacts the contractor's cost in providing the services anticipated by this contract such change may be treated as a new facility and the- procedures provided for in this section may be followed in determining an appropriate price. In the event Brazos County wishes to add other locations to a group under the Contract, a quotation will be solicited from the incumbent contractor in good standing for the group in which the new location is appropriately situated. In the event Brazos County shall sell, vacate, abandon, or otherwise dispose or terminate a location to which the contract applies, all existing contracts or agreements or services applicable to such location, the portion of this contract that applies to such locations is terminated. All 'remaining portions of the contract will remain intact. Brazos County will endeavor to give the Contractor written notice of such termination of locations a minimum of thirty (30) days in advance. INVOICES & PAYMENTS Payments to Contractors will not be made if the Contractor cannot produce a Brazos County' Purchase Order. Offerors shall submit an original invoice on each purchase order or purchase release after each delivery, indicating the purchase order number. Invoices must be itemized. Any invoice, which cannot be verified by the contract price and/or is otherwise incorrect, shall be corrected by the Contractor. When multiple deliveries and/or services are required, the offeror may invoice following each delivery or performance of service and Brazos County will pay on invoice with in thirty (30) days upon receipt of invoice. Contracts providing for a monthly charge will be billed and paid on monthly basis only. The Contractor will provide an invoice for each month in which Brazos County is responsible for payment, during the duration of the contract. Prior to any and all payments trade for goods and/or services provided under this contract, the offeror should provide his Taxpayer Identification Number or social security number as applicable. This information must be on file with Brazos County Auditor's office. Failure to provide this 'information may result in a delay in payment and/or back -up withholding as required by the Internal Revenue Service. t I Mob r IQ Continuation Sheet BRAZOS COUNTY, TEXAS IQ Request No. 2014-80 Page 3 of 7 Pages PRICING Prices for all goods and/or services shall be firm for the duration of this contract and shall be stated on the Pricing/Delivery Information form. Prices shall be all inclusive: No price changes, additions, or subsequent qualifications will be honored during the course of the contract. All prices must be written in ink or typewritten. Pricing on all transportation, freight, drayage and other charges are to be prepaid by the contractor and included in the bid prices. If there are any additional charges of any kind, other than those mentioned above, specified or unspecified, offeror MUST indicate the items required and attendant costs or forfeit the right to payment for such items. Where unit pricing and extended pricing differ, unit pricing prevails. TAXES Brazos County is exempt from all federal excise, state and local taxes unless otherwise stated in this document. Brazos County claims exemption from all sales and/or use taxes under Texas Tax Code § 151.309, as amended. Texas Limited Sales Tax Exemption Certificates will be furnished upon written request to Brazos County Purchasing Agent. GOVERNING FORMS In the event of any conflict between the terms and provisions of these requirements and the specifications, the specifications shall govern. In the event of any conflict of interpretation of any part of this overall document, Brazos County's interpretation shall govern. In the event of a conflict between the terms, conditions, provisions, and specifications of this document and any other terms, conditions, provisions, and specifications provided by the Contractor; the terms of this document shall supersede. GOVERNING LAW This bid solicitation is governed by the competitive bidding requirements of Brazos County Purchasing Act, Texas Local Government Code, §262.021 et seq., as amended. Offerors shall comply with all applicable federal, state and local laws and regulations. Offeror is further advised that these requirements shall be fully governed by the laws of the State of Texas and that Brazos County may request and rely on advice, decisions and opinions of the Attorney General of Texas and Brazos County Attorney concerning and portion of these requirements. DISQUALIFICATION OF OFFEROR Upon signing this bid document, an offeror offering to sell supplies, materials, services, or equipment to Brazos County certifies that the offeror has not violated the antitrust laws of this state codified in Texas Business and Commerce Code §15.01, et seq., as amended, or the federal antitrust laws, and has not communicated directly or indirectly the bid made to any competitor or any other person engaged in such line of business. Any or all bids may be rejected if Brazos County believes that collusion exists among the offerors. Bids in which the prices are obviously unbalanced may be rejected. If multiple bids are submitted by an offeror and after the bids are opened, one of the bids is withdrawn, the result will be that all of the bids submitted by that offeror will be withdrawn; however, nothing herein prohibits a Contractor from submitting multiple bids for different products or services. Vol. 205 Pg. //Z�- IQ Continuation Sheet BRAZOS COUNTY, TEXAS SEVERABILITY If any section, subsection, paragraph, sentence, clause, phrase or wo specifications shall be held invalid, such holding shall not affect t. requirements and the specifications and it is hereby declared that such been included in these requirements and the specifications as thoug omitted. IQ Request No. 2014 -80 Page 4 of 7 Pages d of these requirements or the e remaining portions of these remaining portions would have i the invalid portion had been SILENCE OF SPECIFICATIONS The apparent silence of specifications as to any detail, or the apparent omission from it of a detailed description concerning any point, shall be regarded as meaning that only the best commercial practice is to prevail and that only material and workmanship of the finest quality are to be used. All interpretations of specifications shall be made on the basis of this statement. The items furnished under this contract shall be new, unused of the latest product in production to commercial trade and shall be of the highest quality as to materials used and workmanship. Manufacturer furnishing these items shall be experienced in design and construction of such items and shall be an established supplier of the item bid. TERMINATION Brazos County reserves the right to terminate the contract for default if offeror breaches any of the terms therein, including warranties of offeror or if the offeror becomes insolvent or commits acts of bankruptcy. Such right of termination is in addition to and not in lieu of any other remedies which Brazos County may have in law or equity. Default may be construed as, but not limited to, failure to deliver the proper goods and /or services within the proper amount of time, and/or to properly perform any and all services required to Brazos County's satisfaction and/or to meet all other obligations and requirements. Brazos County may terminate the contract without cause upon thirty (30) days written notice. POLICY REQUIREMENTS FOR CERTIFICATE OF INSURANCE CONTRACTOR'SINSURANCE The Contractor /Contractor, before starting work for Brazos County, must furnish Brazos County a Certificate of Insurance or other acceptable evidence from a reputable insurance company or companies with an A.M. Best Rating of AACn (such companies to be acceptable to Brazos County) licensed to write insurance in the state of Texas, showing that the Contract is covered by the insurance as follows: (1) Statutory Workers Compensation Insurance with Emnlovers Liability Insurance in the amount of $1.000.000. In the event any work is sublet, the Contractor shall require the subcontractor similarly to provide the same coverage and shall himself acquire evidence of such coverage on behalf of the subcontractor. (TLC Sec. 401.011) (2) Commercial General Liability Insurance with a S 1,000,000 Combined Single Limit. The policy shall be on the Comprehensive General Liability 1986/90 occurrence form, and shall include coverage for acts of independent contractors, and shall name Brazos County as an additional insured. Waiver of subrogation is required. No claims made policies are acceptable without krior approval by the Commissioners Court/Risk Manaeement. IQ Continuation Sheet BRAZOS COUNTY, TEXAS (3) Automobile Public Liabilily Insurance propelled vehicles used in connection Waiver of subrogation is required. IQ Request No. 2014.80 Page 5 of 7 Pages with a $ 500,000 Combined Single Limit, in all self - with the contract, whether owned, non -owned or hired. The Certificate of Insurance furnished to Brazos County shall contain a provision that coverage under such policies shall not be canceled or materially changed until at least 30 days prior written notice has been given to Brazos County LIMITATIONS The parties are aware that there are constitutional and statutory limitations on the authority of Brazos County to enter into certain terms and conditions of the Agreement, including, but not limited to, authorizations of the placement of liens on Brazos County property; disclaimers and limitations of warranties; disclaimers and limitations of liability for damages; waivers, disclaimers and limitations of legal rights; remedies, requirements and processes; limitations of periods to bring legal action; granting control of litigation or settlement to another party; liability for acts or omissions of third parties; payment of attorneys' fees; dispute resolution; indemnities; and confidentiality (collectively, the "Limitations "). Any Agreement terms and conditions related to the Limitations will not be binding on Brazos County except to the extent authorized by the laws and Constitution of the State of Texas. COVERAGES/WAGES Nothing in this Agreement shall be construed as making Brazos County responsible for the payment of compensation and/or any benefits for Contractor including health, property, motor vehicle,' workers' compensation, disability, death, and dismemberment insurance for the Contractor's employees and/or equipment. Nothing in the Agreement shall be construed as making Brazos County responsible for wages, materials, logistical support, equipment, and related travel expenses incurred by the Contractor. SOVEREIGN IMMUNITY The parties understand that Brazos County does not waive or relinquish any immunity or defense on behalf of itself, officers, employees, agents, and volunteers as a result of its execution of this Agreement and the performance of the covenants contained herein. Further, Brazos County is not responsible for any civil liability that arises from any act or omission made within the course and scope of this Agreement. The Parties understand and agree that Brazos County does not assume civil liability under any theory of law for the actions of the Contractor in providing services hereunder. NOTICES Notices shall be mailed to the addresses designated herein or as may be designated in writing by the parties from time to time and shall be deemed received when sent postage prepaid U.S. Mail to the following addresses: BRAZOS COUNTY: Brazos County, Texas Duane Peters, Brazos County Judge 200 South Texas Avenue, Suite 332 Bryan, Texas 77803 Vol. 205 Pg. //,�- .IQ Continuation Sheet BRAZOS COUNTY, TEXAS CONTRACTOR: Sales Contact Name: Phone Number: '7 7 -) 9— IQ Request No. 2014.80 Page 6 of 7 Pages ASSIGNABILITY This agreement may not be assigned without the prior written permission of Brazos County. FISCAL FUNDING CLAUSE Notwithstanding any provisions contained herein, the obligations of Brazos County are expressly contingent upon the availability of funding for the obligations contained herein for the term of the Agreement and any extensions thereto. WAIVERS No waiver by either party hereto of any term or condition of this Agreement shall be deemed or construed to be a waiver of any other term or condition or subsequent waiver of the same term or condition. ENTIRE AGREEMENT This Agreement represents the entire and integrated agreement between Brazos County and the Contractor and supersedes all prior negotiations, representations, or agreements, either written or oral. This Agreement may only be amended by written instrument approved and executed by the parties. AVAILABILITY AND RETENTION OF RECORDS All records relating to the service provided tinder this contract and supporting documentation for invoices submitted to Brazos County by the Contractor shall be retained and made available by the Contractor for audit by Brazos County, it duly authorized representatives, the State of Texas (including, but not limited to the Auditor of the State of Texas, Inspector General or duly appointed law enforcement officials) and agencies of the United States Government. Such records shall be returned by Contractor and made available for any time period required by state or federal law. If changes occur in the governing state or federal law, regarding retention records, Contractor shall comply with such changes. If an audit is initiated before the expiration of such time periods required by state or federal law regarding retention of records, the Contractor shall retain such records until the audit is concluded and all issues resolved. Contractor shall provide Brazos County with copies of such audits that be conducted with respect to the contract. AUDIT RESPONSIBILTY The Contractor shall be responsible for receiving, replying to and/or complying with any audit exception by appropriate federal, state or local audit directly related to the provision of this contract. The Contractor shall repay to Brazos County the full amount received for duplicate billings, erroneous billings, false or deceptive claims. The Contractor recognizes and agrees that Brazos County may withhold any money due and recover through any appropriate method any money erroneously paid under this contract if evidence exists of less than full compliance with this contract. Vol, 205 _Pg115 .IQ Continuation Sheet BRAZOS COUNTY, TEXAS IQ Request No. 2014 -80 Page 7 of 7 Pages INDEMNIFICATION The Contractor shall defend, indemnify and save harmless Brazos County and all its officers, agents, and employees from all suits, actions, or claims of any character, name and description including attorney's fees expenses brought for or on account of any injuries or damages received or sustained by any person or persons or property, by or from the said Contractor or his employees or by or in consequence of any negligence in safeguarding the work, or through the use of unacceptable materials in construction of the work, or by or on account of any act of omission, the Worker Compensation Law or any other law. ordinance, order or decree, and so much of the money due the said Contractor under and by virtue of his contract as shall be considered necessary by Brazos County may be retained for the use of Brazos County, or in case no money is due, his sureties shall be held until suit or suits, action or actions, claim or claims for injury or damages as aforesaid shall have been settled and satisfactory evidence to that effect furnished Brazos County. Contractor shall defend, indemnify and save harmless Brazos County, its officers, agents and employees in accordance with this indemnification clause regardless of whether the injury or damage is caused in part by Brazos County, its officers, agents or employees. The undersigned affirms that they are duty authorized to execute this contract, that this proposal has not been prepared in collusion with any other Proposer, and that the contents of this proposal have not been communicated to any other Proposer prior to the official opening of this proposal. The signatory also agrees to all provisions and specifications of this contract. Typed Name: L/U hl /I H/ / / 4j9" 1111i90h enterpm3ew, Inc. Company Name: 289 &Jpen A�- A-Ifei SPrvix. CQ LUC Phone No. 2Sw %fit/ Email Address: 0r%r4'! EXHIBIT "A" ;Q- 2014 -80 Filters.._ Contract Term: July 15, 2014 — September 30, 2016 Fill out "Informal Quotes" form and hand deliver or mail to the Brazos County Purchasine Department 200 South Texas Ave.. Suite 352: Bryan, TX 77803 in a sealed envelope clearly marked "IQ 2014 -80, Filters ". Include the signed Contract and a copy of the required insurance with the submission of quotes. The required Insurance is listed in the attached Contract. Quotes must be received by the Brazos County Purchasing Department by 2:00p .m., Tuesday July 8 2014 or they will not be considered. Brazos County will not accept any pricing if delivered via email or fax. Pricing proposals or IQ's delivered to any other person or department other than previously specified, will not be considered responsive. Brazos County is soliciting quotations for a Contract for the purchase of filters for the Brazos County Facility Services Department. All other tools implements, personnel, supervision, labor, supplies, equipment, vehicles, and all effort necessary to carry out the purchase and delivery of filters will be provided by the successful bidder. Prices quoted must be for a two (2) year period, with an option for renewal for two (2) additional one (1) year periods. SPECIFICATIONS A. DELIVERY: 1, Awarded Contractor /s will deliver the filters to the Brazos County Facility Services Department located at 206 North Washington Street. Bryan, Texas 77803. 2. Delivery will be made using a truck with a lift gate in order for the filters to be easily off loaded. 3. Awarded contractor will off load the order and place in a designated area under the supervision of Brazos County personnel. Brazos County will not help with the off load of filters. B. FILTERS: 1. Listed in section F. of this solicitation is a list of the most commonly used filter sizes and the estimated quantities needed for FY 2015. 2. Filters quoted and provided by awarded Contractor must be a minimum of MR -1l High Quality Grade or better. 3. Filters must have welded wire backing. 4. Sonic of the filters listed may be custom sizes. It is the responsibility of the Contractor to produce and deliver the correct sizes to Brazos County. Exhibit A Page l of 8 5. The Brazos County Facility Services Department changes filter quarterly and may need to make. multiple.orders through each fiscal year._ . . . 6. Awarded Contractor must accept purchase orders. 7. Brazos County Facility Services will place each order with an itemized purchase order. Payment will be made once delivery of filters has been made and verified that the delivery is correct. C. INSURANCE REQUIREMENTS I. Successful bidder must provide evidence of insurance prior to award. Full descriptions of insurance requirements are listed in the attached Contract. D. AWARD 1. The contract award shall be based on, but not necessarily limited to, the following factors: a) Cost b) Special needs and requirements of Brazos County c) Delivery d) Location of Contractor (distance that vehicles will travel for services) e) Contractor's past performance record with Brazos County 2. Although the cost of products to be provided is an essential part of the award, Brazos County is not obligated to award a contract on the sole basis of cost but will award to Contractor considered to be the best value to Brazos County. E. MISCELLANEOUS I. Contractor must sign and agree to all terms and conditions of Brazos County Service Contract attached or quote submission will not be valid. 2. Contractor must submit and post all questions regarding this solicitation on the Brazos Valley Online Bidding System located at www brazosbid cstx.aov. Any questions received via email or phone call will not be answered. 3. Successful contractor must provide evidence of Workman's Comp, General Liability and Automobile Insurance prior to award. Exhibit A Page 2 of 8 F. QUOTES I. Fill out table below and hand deliver or snail to the Brazos County Purchasing Department, 200 South Texas Ave., Suite 352; Bryan, TX 77803 in a sealed envelope clearly marked "IQ 2014 -80, Filters ". Include the signed Contract and a copy of the required insurance with the submission of quotes. The required Insurance is listed in the attached Contract. Quotes must be received by the Brazos County Purchasing Deuartment by 2.00v m Thursday. July 8 2014 or they will not be considered. Brazos County will not accept any pricing if delivered via email or fax. Pricing proposals or IQ's delivered to any other person or department other than previously specified, will not be considered responsive. 2. It is required that Contractor fill in all the specifications that are requested below for the filters being quoted. If specifications are not filled in when submitted, submission will be considered non - responsive, 3. Contractor will quote a unit price per filter. Quote given will include delivery, mileage, and any other costs associated with each purchase. 4. The County does not guarantee to purchase any minimum or maximum quantities. If any quantities are listed in the bid, they are estimated quantities used for calculating purposes only. Exhibit A Page 3 of 8 Brazos County Kleen Air Quote MERV 11 ......... .. ... Estimated yearly # of x20x1 x 16- x4gxl 17 1609 1/4xI 18x1 8x1 - 20x24xI 20x25xl 20x3OxI -- x21 1/2 2 X1 213/4 x35 3/4 xi 24x24xl 24x30x1 ----..-.-- 16 12 16 io 500 12 12 92 20 Cost I Case Cost I filters/case I $ 4.78 $ - 57.36 ! ---------- 12 3.82 i5.84 L-9 79 105. 12 ---3 .5 --" -i- - 12 .06 36.72 I $ 432.40 iKASeries 4.77 57.24 12 4.35 $ 52.20 12 4,70 LL 5L40.1 12 2.32 - $ 27.84 1 12 _L 2.70'1 32.4 0, 7.50 90.001, 12 j 2.85 34.20 --12 2.89 $ 34.68 12 5.90_: 70.80 12 - - - i.6 3180­1 12 29.52 KA Series $ -311 $ 37.32 3.07 $ 36.84 12 54.28 I 12 5.62 67.4 8,36 I $ 100.32. $ 3.39 $ 40-68 --12 47.28 12 Vol, ?05 PO $ 76.48 KA Series - $- jjKA Series $ 140.64 :KA Series 57.60 61 eries Series $ 57.24 KASerie,s $ 52.20 -KA Series $ 432.40 iKASeries 352.64 KA Series $ 54.00 KA Series 480.00 KA Series $ 22.80 I!SAStries $ 57080 KA Series $ 377.60 KA-Serles $ 21.20 f KA Series KA Series $ 12.44 KA Series $ 208.76 KA Series 29.52 KA Series 12.,_ 112.40 KA Series Series $ 33.44-IKA $ 13.56 KA Series --15-.7-6 iKAseries Vol. 2Q,Pg - Estimated . I yearly - - I - V of usage I Cost Case Cost I filters/case !Total !Brand MERV 11 2" 9x16x2 16 $ 4.86 1 $ 58.32 12 $ 77.76 JKASenes IOx2Ox2 8 $ 3.67 11 $ 44.04 12 $ 29.36 KA Series 12x24 . x2 52 - $ I 2.69 i $ 32178 li978i KA Series 14x26x2 20 $ 2.96 $ 35.52 12 $ 5- 9.20 rKLSerles 16x16x2 16 �2. 83 $ 33.96 1 12 $ 4518 KA Series 16x20x2 2.73 $ 32.76 1 12 L$ 2,730.00 KA Series 16x24x2 32 $ 3.3i $ 40.56 12 $ 108,16 KA Series i-6-4W 16 1/2x26x2 680 $ 8 $ 3.28 $ 7.51 $ 39.36 _12 90.12 12 $2,230.40 KA Series $ 60.08 KA Series 19x19x2 8 $ 5.61 $ 3.38 67.32 12 $ 4488 'KA Series 20x24x2 32 3. 76 12 1 $ 1 127,36 KA Series - 20x2Sx2 _ j L 348 $ I 4,01 $ 4812 1 12 $ 1,395.48 IIKASerles 221/4 x22 114 x2 1 36 $,6.80 $ 81.60 12 $ 244.80 1 KA Series - 24x24x2 76 i $ 4.41 $ 52.92 H -$-335.16_ KA Serie sI ^ 241/2 x411/2 8 $ 13.40 $ 25x25x2 24 $ 5.54 I $ 731 160.80 66 48 12 12 $ 107.20 1f KA Series $ 132.9CKASeries $--9P-098*2 $ %098.29 MERV 11 4" 16x2Ox4 32 $ $ 29.94 6 $ 159 68 IKA Series 16x25x4 20x24x4 104 $ 80 $ 5 6.79 6 6 $ 600.08 KA Series $ 543.20 KA Series_ 2Ox25 4 24244 192 $ 16 $ 6,901$ 7.39 $ 41.40 44.34 6 6 $ 1,324.80 KASeries $ 118.24 KASeries v 424 $ 2,746.00 $ 2,746.00 16,039.84 Total Vol. 2Q,Pg - . ...... .. .. . . . . . . c N N N %ol:g gl Lm Ln iln w enl 0; f, .t rl� Ln .4 (n, go 1,4 1 , . 6 In. co 'i LA A wil co %d r, a; c T- I c a, 1 w NI Ap .0;.w v . . . . r- r C r- N L Ll X x LM 14 x x x I x 4 Ln *x x x N N x ti x t9 " (n &A C�o 1,0�0 C�o 64 i Axt N N ant —1 f1L Ln. !Nit" ta r..! 00 to A. � " "M N 1*rn;,c "IN Vol. 205 Pe. 1,1-6 CT! 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O` D 00 00l �`0 ~ N`N `GINI�lV1 tnEi� OOI GOi 1 rl '•1 I '/ I 'i I rl '•1 : '•I j e•� , '•I I _ it oiw0000 i+II j rI`t••II NHI� I ' I ! i _ I I I I , Ij I I I L ! I 1 j �m alnlo�r+ ' I ! lC MIN NIN I I VI Of I N M 11� I irl eiiN!N'N i I i I II O L' •D Y. jN ;.W NN'N a+ �`Ij, d •yCy •y`I NIN N d N NIN NI • NIN N h NIN ! I� ii I I yCy I ilnl'NN VQQI L IXQ CCj CC, r NQ! yC X L C N VI yL yL Lj•LI•L:•L N.QN %f I ! m �Y]2 QNQ�N YI QN Y Y QNI QN�N ' Y YIYj Y!Y ]2 YIX I]CiY YjY — I ! I X• X1 I ril ;i N.NIry X X ICI N NIN N N•N X Xj x' XI X'N X' X 6 i IN N X•% N'X XI x a XIN{ 4 1Ln N x ix o v ID,N {N x 0, NIVIw o D o a:m M N N N!NINI��.l �"II N�NNj��.l I OIOIp ID•4 %DilD,D11x x X a: N X1 IX' I -a v -NI VIII'W -.- - =c1.N O1 N rl�NLri H N N.NHI N.N NIN D'nlaoimlo ivl�nl I MIIM m ININ N NN�N M M Djnloolfn M mlmlen m o i 1 I Vol. 205 Pg. /.-Z/ Id'dl diV . LL Lyy' C i •L •yCy N NiN,N {n I 11x* x x ��NININ N'N x p�( X �I a!eO•1 'W•I1N fViN \ems p -���5' � CONTRACTOR QUESTIONS AND ANSWERS Item # Questions Contractors Answers 46 How many business days after receiving the purchase order will delivery be made to Brazos County? 47 Will Contractor be using its own trucks and delivery team, or an out sourced delivery service FedEx UPS, etc.)? 48 It is required that the delivery truck have a lift gate for off - loading purposes. Does Contractor's delivery truck have lift gates? Or can contractor guarantee that delivery will be made with a truck that has a lift ate? G. CONTRACTOR QUOTE CERTIFICATION The undersigned affirms that they are duly authorized to execute this contract, that this bid has not been prepared in collusion with any other bidder, and that the contents of this bid have not been communicated to any other bidder prior to the official opening of this bid. Furthermore, the bidder affirms that they are willing and capable of performing the services entailed in this bid or providing the goods described in this bid, and agrees to do so for the term of this contract. The bidder also agrees to all of the terms and a condition contained in this document and agrees to be held to them for the terms of this contract. /{ I rI SOn Eh1�E1'pN�SeSr -rJiC. Name of Company: nail .Oi & jW, y,C;&Y Ca Tax ID #: p3�'23�63I�F Address: ` /) Box 2127 Grocsbcrk %X 7ZCq -2 Email: 0/1Z&PS kIPC,07,ait i_`fCPA COM Telephone 4: 2%� -q 724 -[2z� _ Printed Name: f g pla /'t l l 1 Snh Signature of Authorized Representative:_�r� G�:�tit!lit7`X/ Exhibit A Page 8 of 8 V01.2(15 Pgj- zo BRAZOS COUNTY, TEXAS BUDGET AMENDMENT(S) FOR THE 2013 -2014 BUDGET YEAR NO. 13/14 42.1-42.10 On this the 5th day of August 2014 at a regular meeting of the Commissioners' Court, the following members were present: A. Duane Peters, County Judge, Presiding B. Lloyd Wassermann, Commissioner, 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 5th day of August 2014 the Court heard and approved a budget amendment for the 2013 -2014 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 10 September 2013, the following amendment(s) to the original budget are hereby authorized, as described on the attached page(s). ADOPTED AND APPROVED this the 5th day of August 2014. THE COMMISSIONERS COURT OF BRAZOS COUNTY, TEXAS. By. Duane Peters, Coun y Judge Original: County Clerk's Office and Attached to the original budget Copies: County Auditor County Treasurer County Budget Officer Commissioners' Court Minutes Vol. 205 Piz. ��-3 Clerk Administration toner for two BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No._l- V14.42.1 Vol. 205 Pg. 6jY of funds to uay for BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 13114. 42.2 Vol. 205 Pg. /,X5 BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 13114 - 42.3 8/5/2014 EM ii m iiii -mIcoatingency Building Maint. Supplies General Fund Contingency and Facilities Services Reallocation of funds to tint - - -_ -- ,. D Building , Vol. 205 Pg. /,2Z Parole and Reallocation BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No.,13114,- 42.4 . Vol. 205 Pg. /�% BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS _No.13114.42.5 Vol. 205 Pg. /A-� BRAZOS COUNTY, TEXAS BUDGETAMENDMENTS No. 13/14,r,42.6. 815/2014 Reallocation of funds to purchinse a replacement fuser for the spare HP Lasedet 4014 printer for the (T Department. Vo1.205 Pg. /�9 BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 13114 - 42.7 8/512014 WMEEMEMMUMELLUJ•IJ KIM �Emco—m 3urchase a software for the Fleet Maintenance. Vol. 205 Pg. 450 BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 13114 - 42.8 8/512014 Ro i ii iii -� General Fund Contingency andso - jail - - -_ -- Reallocation of funds for the preparation of a grani apRlication for the State Criminal Alien Assistance Program. Vol. 205 Pg. /3 BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 13114 - 42.9 81512014 Vol. 205 Pg. 131-�' 44 i epartmentppproval� Vol. 205 Pg. 131-�' BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 13114 - 42.10 8/5/2014 Build' um�=ERJMILMM ACCOUNT NAME Km �11M'maintcnance— go m. Rcall=tion of funds to complete roofing projects for the Admini'untion Buidling, Juvenile and JP Pct. #4/Constable Pct. #4 Vol. 205 Pg. 153 PERSONNEL CHANGE OF STATUS REQUESTS Commissioner Court Date: August 05, 2014 Department Submitting Information: Human Resources Purpose of Submissions: Consider and Take Action on Change Requests Department Submitting Employee Request Action Requested Requests) Applies To Expo Center Sander, Blake Resignation County Clerk Brummer, Kala Resignation Justice of the Peace, Pct 2.1 Perez, Delilah Resignation Juvenile Busa, Scott Approved in Commissioners' Court: Au us OS 2 4: County Judge's or Commissioner's Signature: (This Copy to be attached to minutes) Vol. 205 Pg. LL1 Termination Zz