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HomeMy WebLinkAbout2016-08-23 10:00AM REGULAR MEETINGBRAZOS COUNTY BRYAN,TEXAS NOTICE OF MEETING AND AGENDA L BRAZOS COUNTY COMMISSIONERS COURT THE COMMISSIONERS COURT OF BRAZOS COUNTY WILL MEET IN REGULAR SESSION ON AUGUST 23, 2016 AT 10:00 AM IN THE COMMISSIONERS COURTROOM OF THE COUNTY ADMINISTRATION BUILDING, 200 SOUTH TEXAS AVE., SUITE 106, BRYAN, TX 77803 Invocation and Pledge of Allegiance - U.S. and Texas Flag - Chaplain G.H. Jones and Judge Peters Call for Citizen input and/or concerns Consider and take action on agenda items 3-21: 3. Order the General Election to be held on November 8, 2016. 4. Appointment of William J. Cross as a non -paid reserve deputy for Constable, Precinct 1 office. 5. Appointment of Amy Hilburn, DVM and Alison Prince to the Homeland Security Advisory Committee (HSAC) for the period of 8/23/2016 — 3/31/2017. 6. Reappointment of the folloWng to the Homeland Security Advisory Committee (HSAC) for the period of 4/1/2016 — 3/31/2017: • a. Eric Buske, Chief of Police, City of Bryan • b. Patrick Corley, Executive Director, 9-1-1 • c. Jerry Henry, Emergency Management Coordinator, City of Bryan • d. Brian Hilton, Emergency Management Coordinator, City of College Station • e. Leslie Lutz, Emergency Management/Business Continuity Coordinator, Texas A&M University Health Science Center • f. Kenny Mallard, Commissioner Pct. 3, Brazos County • g. Monica Martinez, Safety & Security, Texas A&M University • h. Randy McGregor, Fire Chief, City of Bryan • i. Michele Meade, Emergency Management Coordinator, Brazos County • j. Brandy Norris, Assistant Chief of Police, City of College Station Vol..39=�1�1-17 _,._ _. _ __. i + - I... _.. ___._.._....� ' � _....._...._...._.. _.... _ _� • k. Jim Stewart, Chief Deputy, Brazos County Sheriff's Office • I. Kenneth Utz, Fire Captain, South Brazos County Fire Department 7. Approval of Out of State Travel for Reserve Deputy Chris White with Constable, Pct. 1 to travel to Washington DC to support 2017 Presidential Inauguration security operations. 8. Request approval for Out of State Travel for Jail Administrator Mr. Wayne Dicky to attend the Large Jail Network Program in Aurora, Colorado September 6-8, 2016 9. Acceptance of donated/awarded property of unclaimed clothing and miscellaneous property left by inmates leaving the Brazos County Jail. 10. Request from Constable Pct. 2 to apply for a NRA Grant in an amount up to $10,000 for safety/training equipment and ammunition. 11. Request for permission to apply for a Local Emergency Planning Committee Grant 2016 - 2017 from TCEQ. 12. Payment Authorization to N -Line Traffic Maintenance in the amount of $277.50 for aluminum signs for county roads; a PO was not obtained in advance. 13. Approval of the Job Description for Temporary Attendant, Building & Grounds 1040 hours (Class Code 0832, Position 9) for Exposition Complex. 14. Request approval of the Brazos County Facility Services - Landscape Staff Uniform Policy 15. Approval of the 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. 16. Request from the Information Technology Department to approve a Memorandum of Understanding between Brazos County and the Texas A&M AgriLife Extension Service pertaining to Information Technology Services. Term of the agreement is September 1, 2016 through August 31, 2018. 17. Consider and take action on the requests from the following individuals for waiver of penalty and interests due to mailing their tax payments to the old tax office address: • a. Gary & Sheila Thomas -refund of P&I-$72.75 • b. Andrew Hajash Jr. -refund of P&I-$81.65 • c. Janelle Medeley-refund of P&I-$184.35 • d. David & Roberta Meduna-refund of P&I-$184.79 • e. David & Roberta Meduna-refund of P&I-$4.17 • f. David & Roberta Meduna-refund of P&I-$3.07 • g. David & Roberta Meduna-refund of P&I-$4.73 • h. David & Roberta Meduna-refund of P&I-$70.38 • i. Douglas & Amanda Pryor -refund of P&I-$50.96 • j. Doug & Mary Henley -refund of P&I-$20.62 • k. Gardner Family Trust -refund of P&1-$50.98 • I. Jean Howe Gould & Gregory Howe -refund of P&I-$46.88 • m. Jean Howe Gould & Gregory Howe -refund of P&I-$46.03 • n. Jean Howe Gould & Gregory Howe -refund of P&I-$46.03 • o. Jean Howe Gould & Gregory Howe -refund of P&I-$46.03 • p. Jean Howe Gould & Gregory Howe -refund of P&I-$30.70 • q. Ivan & Karina Lieben-refund of P&I-$53.65 18. Tax Refund Applications for the following: Vol. Pg. • a. Kay Conlee-overpayment-$7.03 • b. Joel Martinez -overpayment -$151.47 • c. Philip & Ilene Stanley -overpayment -$7.01 • d. Ocwen Loan Services -overpayment -$126.87 • e. Nick Guedea-overpayment-$12.1 0 • f. Oscar Martinez -overpayment -$18.95 • g. K&C Electric -overpayment -$162.25 19. Budget Amendments. Budget Amendments FY 15/16 47.1 -47.7 20. Personnel Change of Status. Personnel Action Forms 21. Payment of Claims. 22. Acknowledgement of the Order Determining Compensation of Court Reporters. 23. Acknowledgement of the Order Determining Compensation of County Auditor and Assistant County Auditors. 24. Acknowledgement of the Independent Accountants' Report on Agreed Upon Procedures for Brazos County Emergency Services District 2. 25. Acknowledgement of the Order Lifting Restrictions on Outdoor Burning. 26. Sheriffs report on inmate population. 27. Announcement of interest items and possible future agenda topics. 28. Call for Citizen input and/or concerns 29. Adjourn. Vol. pg. /L��/ MINUTES AUGUST 23, 2016 BRAZOS COUNTY COMMISSIONERS COURT REGULAR MEETING A regular meeting of the Commissioners' Court of Brazos County, Texas was held in the Brazos County Commissioners Courtroom in the Administration Building, 200 South Texas Avenue, in Bryan, Brazos County, Texas, beginning at 10:00 a.m. on Tuesday, August 23, 2016 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. 1. 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 There was no citizen's input. Consider and take action on agenda items 3-21: 3. Order the General Election to be held on November 8, 2016. Judge Peters explained this item should be removed from the agenda because it only Vol. Pg. required his signature and he signed the order on Monday, August 22, 2016. On motion from Commissioner Catalena, seconded by Commissioner Wassermann, the Court voted unanimously to remove this item from the agenda. Motion: Remove, Moved by Commissioner Sammy Catalena, Seconded by Commissioner LLoyd Wassermann. Passed. 5-0. Ayes: Catalena, Cauley, Mallard, Peters, Wassermann. 4. Appointment of William J. Cross as a non -paid reserve deputy for Constable, Precinct 1 office. Judge Peters announced that the Constable of Precinct 1 requested that this item be removed from the agenda. On motion from Commissioner Cauley, seconded by Commissioner Mallard, the Court voted unanimously to remove this item from the agenda. Motion: Remove, Moved by Commissioner Irma Cauley, Seconded by Commissioner Kenny Mallard. Other. 5-0. Ayes: Catalena, Cauley, Mallard, Peters, Wassermann. Appointment of Amy Hilburn, DVM and Alison Prince to the Homeland Security Advisory Committee (HSAC) for the period of 8/23/2016 — 3/31/2017. Motion: Approve, Moved by Commissioner Sammy Catalena, Seconded by Commissioner LLoyd Wassermann. Passed. 5-0. Ayes: Catalena, Cauley, Mallard, Peters, Wassermann. Reappointment of the following to the Homeland Security Advisory Committee (HSAC) for the period of 4/1/2016 — 3/31/2017: • a. Eric Buske, Chief of Police, City of Bryan • b. Patrick Corley, Executive Director, 9-1-1 • c. Jerry Henry, Emergency Management Coordinator, City of Bryan • d. Brian Hilton, Emergency Management Coordinator, City of College Station • e. Leslie Lutz, Emergency Management/Business Continuity Coordinator, Texas A&M University Health Science Center • f. Kenny Mallard, Commissioner Pct. 3, Brazos County • g. Monica Martinez, Safety & Security, Texas A&M University • h. Randy McGregor, Fire Chief, City of Bryan • i. Michele Meade, Emergency Management Coordinator, Brazos County • j. Brandy Norris, Assistant Chief of Police, City of College Station • k. Jim Stewart, Chief Deputy, Brazos County Sheriff's Office • I. Kenneth Utz, Fire Captain, South Brazos County Fire Department Motion: Approve, Moved by Commissioner Irma Cauley, Seconded by Commissioner Sammy Catalena. Other. 5-0. Ayes: Catalena, Cauley, Mallard, Peters, Wassermann. Vol. 3 /` Pg./_�? 7. Approval of Out of State Travel for Reserve Deputy Chris White with Constable, Pct. 1 to travel to Washington DC to support 2017 Presidential Inauguration security operations. Motion: Approve, Moved by Commissioner LLoyd Wassermann, Seconded by Commissioner Kenny Mallard. Passed. 5-0. Ayes: Catalena, Cauley, Mallard, Peters, Wassermann. Request approval for Out of State Travel for Jail Administrator Mr. Wayne Dicky to attend the Large Jail Network Program in Aurora, Colorado September 6-8, 2016 Motion: Approve, Moved by Commissioner Sammy Catalena, Seconded by Commissioner Irma Cauley. Other. 5-0. Ayes: Catalena, Cauley, Mallard, Peters, Wassermann. Acceptance of donated/awarded property of unclaimed clothing and miscellaneous property left by inmates leaving the Brazos County Jail. Motion: Approve, Moved by Commissioner LLoyd Wassermann, Seconded by Commissioner Irma Cauley. Passed. 5-0. Ayes: Catalena, Cauley, Mallard, Peters, Wassermann. 10. Request from Constable Pct. 2 to apply for a NRA Grant in an amount up to $10,000 for safety/training equipment and ammunition. A copy of the grant application is attached. Motion: Approve, Moved by Commissioner Sammy Catalena, Seconded by Commissioner Irma Cauley. Passed. 5-0. Ayes: Catalena, Cauley, Mallard, Peters, Wassermann. 11. Request for permission to apply for a Local Emergency Planning Committee Grant 2016 - 2017 from TCEQ. A copy of the grant application is attached. Motion: Approve, Moved by Commissioner Irma Cauley, Seconded by Commissioner Kenny Mallard. Passed. 5-0. Ayes: Catalena, Cauley, Mallard, Peters, Wassermann. 12. Payment Authorization to N -Line Traffic Maintenance in the amount of $277.50 for aluminum signs for county roads, a PO was not obtained in advance. This payment authorization is requested by the Road & Bridge Department. Motion: Approve, Moved by Commissioner -Loyd Wassermann, Seconded by Commissioner Sammy Catalena. Passed. 5-0. Ayes: Catalena, Cauley, Mallard, Peters, Vol. 35 Pg. %�� Wassermann. 13. Approval of the Job Description for Temporary Attendant, Building & Grounds 1040 hours (Class Code 0832, Position 9) for Exposition Complex. A copy of the job description is attached. Motion: Approve, Moved by Commissioner Sammy Catalena, Seconded by Commissioner LLoyd Wassermann. Passed. 5-0. Ayes: Catalena, Cauley, Mallard, Peters, Wassermann. 14. Request approval of the Brazos County Facility Services - Landscape Staff Uniform Policy A copy of the uniform policy is attached. Motion: , Moved by Commissioner Sammy Catalena, Seconded by Commissioner Irma Cauley. Passed. 5-0. Ayes: Catalena, Cauley, Mallard, Peters, Wassermann. 15. Approval of the 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. A copy of the contract is attached. Motion: Approve, Moved by Commissioner Irma Cauley, Seconded by Commissioner Kenny Mallard. Other. 5-0. Ayes: Catalena, Cauley, Mallard, Peters, Wassermann. 16. Request from the Information Technology Department to approve a Memorandum of Understanding between Brazos County and the Texas A&M AgriLife Extension Service pertaining to Information Technology Services. Term of the agreement is September 1, 2016 through August 31, 2018. A copy of the Memorandum of Understanding is attached. Motion: Approve, Moved by Commissioner Irma Cauley, Seconded by Commissioner Kenny Mallard. Other. 5-0. Ayes: Catalena, Cauley, Mallard, Peters, Wassermann. 17. Consider and take action on the requests from the following individuals for waiver of penalty and interests due to mailing their tax payments to the old tax office address: • a. Gary & Sheila Thomas -refund of P&I-$72.75 • b. Andrew Hajash Jr. -refund of P&I-$81.65 • c. Janelle Medeley-refund of P&I-$184.35 • d. David & Roberta Meduna-refund of P&I-$184.79 • e. David & Roberta Meduna-refund of P&I-$4.17 • f. David & Roberta Meduna-refund of P&I-$3.07 • g. David & Roberta Meduna-refund of P&I-$4.73 • h. David & Roberta Meduna-refund of P&I-$70.38 • i. Douglas & Amanda Pryor -refund of P&I-$50.96 Vol. ?'` Pg. /.S� • j. Doug & Mary Henley -refund of P&I-$20.62 • k. Gardner Family Trust -refund of P&I-$50.98 • t. Jean Howe Gould & Gregory Howe -refund of P&I-$46.88 • m. Jean Howe Gould & Gregory Howe -refund of P&I-$46.03 • n. Jean Howe Gould & Gregory Howe -refund of P&I-$46.03 • o. Jean Howe Gould & Gregory Howe -refund of P&I-$46.03 • p. Jean Howe Gould & Gregory Howe -refund of P&I-$30.70 • q. Ivan & Karina Lieben-refund of P&I-$53.65 Civil Counsel Bill Ballard explained that the Court has no authority to waive the penalty because it has been over a year since the relocation of the Brazos County Tax Office, therefore the individuals requesting a waiver do not qualify for a waiver of penalty. Motion: Deny, Moved by Commissioner Sammy Catalena, Seconded by Commissioner Kenny Mallard. Passed. 5-0. Ayes: Catalena, Cauley, Mallard, Peters, Wassermann. 18. Tax Refund Applications for the following: • a. Kay Conlee-overpayment-$7.03 • b. Joel Martinez -overpayment -$151.47 • c. Philip & Ilene Stanley -overpayment -$7.01 • d. Ocwen Loan Services -overpayment -$126.87 • e. Nick Guedea-overpayment-$12.10 • f. Oscar Martinez -overpayment -$18.95 • g. K&C Electric -overpayment -$162.25 Motion: , Moved by Commissioner Irma Cauley, Seconded by Commissioner Lloyd Wassermann. Passed. 5-0. Ayes: Catalena, Cauley, Mallard, Peters, Wassermann. 19. Budget Amendments. Budget Amendments FY 15/16 47.1 -47.7 47.1 Reallocate funds for Associate Court #2. 47.2 Reallocate funds for General Capital Projects - Information Technology (Justice Software). 47.3 Reallocate funds for Community Supervision. 47.4 Reallocate funds for General Capital Projects - Information Technology (Justice Software). 47.5 Reallocate funds for General Capital Projects - Information Technology (Justice Software). 47.6 Reallocate funds for General Capital Projects - Information Technology (Justice Software). 47.7 Transfer of funds from General Fund Contingency to Brazos Center. Motion: Approve, Moved by Commissioner Irma Cauley, Seconded by Commissioner Sammy Catalena. Passed. 5-0. Ayes: Catalena, Cauley, Mallard, Peters, Wassermann. FV017_:L�/ pg• / 'i 20. Personnel Change of Status. Personnel Action Forms A copy of the Personnel Change of Status requests is attached. Motion: Approve, Moved by Commissioner -Loyd Wassermann, Seconded by Commissioner Irma Cauley. Passed. 5-0. Ayes: Catalena, Cauley, Mallard, Peters, Wassermann. 21. Payment of Claims. Claims 7147453-7147674 Motion: Approve, Moved by Commissioner Sammy Catalena, Seconded by Commissioner LLoyd Wassermann. Passed. 5-0. Ayes: Catalena, Cauley, Mallard, Peters, Wassermann. 22. Acknowledgement of the Order Determining Compensation of Court Reporters. Judge Peters stated that this item will need to be tabled until a final order is presented. Motion: Table, Moved by Commissioner Kenny Mallard, Seconded by Commissioner Irma Cauley. Passed. 5-0. Ayes: Catalena, Cauley, Mallard, Peters, Wassermann. 23. Acknowledgement of the Order Determining Compensation of County Auditor and Assistant County Auditors. The Court acknowledged receipt of the Order Determining Compensation of County Auditors and Assistant County Auditors. 24. Acknowledgement of the Independent Accountants' Report on Agreed Upon Procedures for Brazos County Emergency Services District 2. The Court acknowledged receipt of the Independent Accountants' Report on Agreed Upon Procedures for Brazos County Emergency Services District 2. 25. Acknowledgement of the Order Lifting Restrictions on Outdoor Burning. The Court acknowledged the Order Lifting the Burn Ban. A copy of the Order is attached. 26. Sheriff's report on inmate population. Sheriff Chris Kirk stated there were 632 inmates in jail, 60 have electronic monitors and 16 are pending for monitors. 27. Announcement of interest items and possible future agenda topics. There were no announcements. Vol. �3� pg,/SSS 28. Call for Citizen input and/or concerns There was no citizen's input. 29. Adjourn. Vol. 9-5�z pg. /� The foregoing minutes of the Commissioners Court meeting held August 23, 2016 have been examined and are approved in open Court this day of S, 2016, in Bryan, Brazos County, Texas. Duane Peters Lloyd ) assermann County Judge Commissioner, Precinct 1 Z� 70�wwy e�7 my Ca ena Commissi ner, Precinct 2 Commissioner, Precinct 4 Attest Karen McQueen County Clerk Kenny Mallarr Commissioner,'Precinct 3 Vol. BRAZOS COUNTY COMMISSIONER'S COURT Name (PLEASE PRINT) o ruc �wu ,eda 20/6 Organization A,5 4��Vgyo c`-e,�x Esc les Vol. pg.� BRAZOS COUNTY COMMISSIONER'S COURT DAY OF Lt4 , 20/6 1®; 00 AM'� Name PRINT) Organization (PLF,ASE PRINT) ti� f D C�r Cor'r c Vol. �� %�� BRAZOS COUNTY, TEXAS ACCEPTANCE OF DONATED/AWARDED PROPERTY ' DONATION OF COUNTY PROPERTY Date: 08/15/16 ❑ Acceptance ofDonated/Awarded .Property ❑Donation ofCounty Property (Awarded property requires signed court documentation) MX Acceptance of Donated Inmate Property (Requires signed. inmate documentation—NO VALUE ASSESSED) Item Description: Unclaimed Inmate Property Please provide all information requested below as applicable to the property being accepted or donated. Forms containing any blank fields will be returned for completion. - - Make: Model: Year: SNIVIN k: ❑ Functional ❑ Non -Functional. Explain if Non -Functional Additional Description/information: Property left by inmates released or transferred from Brazos County Detention Center. Estimated Value: Check the appropriate account based on estimated value ofproperty being accepted: ❑ 61235000 (Donation - Other)' ❑ 60010000 (No Asset Tag - Under $500) ❑ 67010000 (Minor Property . $500. $4999) ❑ 80010000 (Capital Property - Over $5000) 'Donation Other to be used jor frards donated to Brazos Check box for Capital Asset (value/initial cost is over $5000) Check the appropriate entity property being donated to: Government Entity: Brazos County Sheriffs Office Organization Nom Other(Due to Statuntory requirements prior approval Brazos County Sheriffs Office is required by Purchasing: Organization Nam: nn,for use ofa non-couniv a mendirure 1 certify that the above mentioned item has been donated or awarded to Brazos County. This item has been received in good Faith and upon approval by Commissioner's Court will become a part of the General Fixed Asset Account of Brazos County. The determination to accept or .reject the donation will be made at the sole discretions of Commissioners Court based upon such things as usefulness, projected operating, maintenance and insurance costs. Requesting Department: Brazos County Sheriffs Office /✓/�i L Department N/aameeAuthorized Signature Organization Receiving Donated Property; - - - - Authorized Signature - Approv by C misstoncrs Court 's d2f I V l0 Co missioners Court Appro I - Vol: 9� Pg. L_ Date: Sq � Requesting Department: Grant Title: Granting Agency: r Amount Requested: Grant Term (Beg/End): 10 BRAZOS COUNTY, TEXAS GRANT APPLICATION APPROVAL FORM Grp, Project Description: ,N„terrnn ,may �I MM/ ti/i_l� 1 Will this grant fund salary & benefits? 0 Yes 14 No Is there County Match requirement? Dyes No Are there financial reporting requirements? —1 Yes No ,/ui Who will be reporting? r' /)— *Please include all available backup documentation with the approval form. All grants are contracts between Brazos County and the granting agency and should be approved by Commissioggrs Court prior to the application submission. Authorized Sign •e ZAPprZommissio CLrtonthio�'�day of Commissioners Court Approval Vol. 'Z-;;"% pg. /�U Date: August 17, 2016 BRAZOS COUNTY, TEXAS GRANT APPLICATION APPROVAL FORM Requesting Department: Emergency Management on behalf of Brazos County LEPC Grant Title: Local Emergency Planning Committee (LEPC) Grant 2016-2017 Granting Agency: Texas Commission on Environmental Quality (TCEQ) Amount Requested: $ 290,000.00 ��N ow i n o-� { a eF-Cee. A } Grant Term (Beg/End): September 1, 2016 • August 31, 2017 Project Description: Hazardous materials detection equipment, not to exceed $290,000, to be used for planning, training, and response for and to emergencies involving chemical, radiological, of hazardous Will this grant fund salary & benefits? F Yes R/ No Is there County Match requirement? F.Yes F✓ No Are there financial reporting requirements? ❑✓ Yes F-1 No Who will be reporting? Michele Meade for the Brazos County LEPC *Please include all available backup documentation with the approval form. All grants are contracts between Brazos County and the granting agency and should be approved by Commissioners Court prior to the application submission. Authorized Signature Appro ed by ommissioner ourt on this day of Commissioners Court Appr al Fyc)71-9— Pg. /� Class Number: Brazos County Job Description Last Updated: September 2014 832 09 FLSA Status: Non Exempt ADnroved Date: 1 10/01/2015 13 Template Revision 1.2 00/1512012 AS. 9 Title: Temporary Attendant, Building & Grounds (1040 hrs.) Department: Exposition Complex -- ----- ---- .---- -- Reports To: Event- Supervisor, Event Coordinator & All Managers EEOC Cateaorv: '^Service / Maintenance Position End 1 Temporary 09/30/2016 Employee Date: Signature: i General Summary: Performs and monitors daily operational responsibilities including janik Complex including setting -up, cleaning and tearing -down events. AUG 17 2016 responsibilities and maintenance of the Brazos County Exposition - Operates light to moderate equipment such as tractors with implements, forklifts and skid steer loaders; Sets up/tears down rodeo equipment, horse stalls, cattle ties, panels and pens; Sets up/tears down meeting and event rooms, including stages, dance floors, tables, chairs and equipment and assists with the sound/electrical system setup and/or tear down; Cleans meeting and event rooms, including sweeping, vacuuming and taking out trash; Cleans restrooms, including using commercial chemicals to remove stains/odors and keeps them free of litter; Strips, waxes, buffs and scrubs floors as needed and instructed. Keeps all floors dusted, mopped, and vacuumed; Changes light bulbs and distributes supplies as necessary; Assists in painting and other maintenance projects as necessary; Raises flags daily, weather permitting, takes down flags before leaving unless otherwise specified; Operates a vacuum cleaner and hand cleaning materials, supplies and equipment; Cleans windows, doors, floors, water fountains, and furniture; Keeps air conditioning adjusted to use requirements; Empties and cleans waste receptacles and properly disposes of trash; Assists visitors in a polite manner during events at the Exposition Complex; Keeps janitorial and storage areas clean and organized; Must be willing to work various hours as needed including some nights, weekends, holidays, etc.; Communicates with Exposition Complex administrative assistant/secretary regarding janitorial supply inventory; Assists as necessary in inventory control including equipment and consumables; Assists in scheduling work, creating assignments and/or monitoring work as necessary for part-time and/or temporary building attendants/staff, Given: I This is a non -supervisory Education Required: i High school graduation or its equivalent; or any equi provides the required knowledge skills and abilities. Preferred: 1 i Required: I At least one year Certificates, Licenses, _........ _......_._ tutu _.__.. ..........._. .................... --------- V pg.- Knowledge, Skills, Abiljfies The physical demands described here are representative of those that must be met by an employee to successfully perform the essential functions of this job. Reasonable accommodations may be made to enable individuals with disabilities to perform the essential functions. While performing the duties of.this job, the employee is regularly required to sit; use hand to finger, handle, or to feel; reach with hands and arms; bend and kneel; and talk and hear. The employee frequently is required to stand and walk. The employee must frequently lift and/or move objects weighing up to 100 pounds, such as bags of mulch and rocks. Specific vision abilities required for this job include close vision, distance vision, and the ability to adjust focus. n Typical: Safe operation of custodial and maintenance equipment including the safe use of commercial cleaning chemicals. Ability to follow oral and written instructions; ability to learn the proper use of janitorial equipment and supplies; ability to make minor repairs; ability to communicate and work effectively with cc -workers; ability to perform physical and strenuous work; and an ability to understand and follow Brazos County safety policies. The work environment characteristics described here are representative of those an employee encounters while performing the essential functions of this job. Reasonable accommodations may be made to enable individuals with disabilities to perform the essential functions. The noise level in the work environment is frequently loud. The employee is constantly required to work closely with others as a part of a team to perform multiple tasks simultaneously, and switch from one task to another. The employee is frequently required to work under time pressures and meet deadlines. The employee may be exposed to extreme weather conditions. z VE Duane Peters County Judge Date s Vol. _� Pg./("3 Brazos County Facility Services Landscape Division Uniform Policy Policy: Brazos County Facility Services — Landscape Division shall wear uniforms provided by BCFS that have the County seal and department name (Landscape) while working for BCFS — Landscape Division. Uniforms provide a neat clean appearance and help other Brazos County employees recognize the wearer as a county employee. There are to be no exceptions, substitutions or additions to the uniform without management's prior approval. The uniform is intended solely for the ease of identification of Brazos County Landscape Division within Facility Services as well as improving the overall image of Brazos County. Deviation from this identification and image at the employee's discretion is strictly prohibited. BCFS —Landscape division uniform shall be wom as follows: a. BCFS — Landscape Division provided uniform shall be kept clean and worn in a presentable manner. b. Provided uniform shall NOT be worn when NOT at work, except for traveling to and from work. c. Provided uniform shall be worn with clean, rip or stain free blue jeans. d. Employee is responsible for keeping uniform clean. e. Damaged uniform should be repaired by employee if possible, or retired if damaged excessively. Employee is responsible for damage not caused by normal wear and tear while working. f Employee shall return uniforms to BCFS — Landscape Division upon termination of employment with the BCFS — Landscape Division. 2. If dress code is not followed, Landscape Employee's will be asked to use employee time, go home, change to proper clothing, and return to work. AP VED Duane Peters Date County Judge FO Pg. /L 1� 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. 17-00008 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 and Texas Government Code Section 791.011. 1.3. PURPOSE. County and OAG shall cooperate to: 1.3.1. Create or Update Registry -Only Case(s) on the 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 (SCR). 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. SCR/LCS Final (7/26/16)vol. �'J`7 p /�� Page 1 of 26 Defimhnn .r ., C� - .fir. 3._ 'Y .. P11yf��i.W q.✓ d n M; �. hit F"fi�Ke?.Y ?• ��-0--].- Child Support Case A collection of data associated with a particular child support order, court hearing, and/or request for N -D services that typically includes data regarding a Custodial Parent (CP), Non -Custodial Parent (NCP), a Dependent(s) (DP) and/or presumed father. Every Child Support Case is stored on the OAG Case Management System and has a unique OAG Case Number, names and identifying information about its members, court order details, and payment history. Cause Number A unique case identifier randomly assigned by the District Clerk at the time the original petition is filed. Custodial Parent (CP) The person who has primary care, custody, and control of the Dependent(s). Contract Any contract resulting from this procurement. 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- wa e withheld recei is/Total receipts processed. SCR/LCS Final (7/26/16)vol. �'J`7 p /�� Page 1 of 26 4(4on`%in/Tcrm...5 Full -Service (FS) A Child Support Case for which the OAG is providing all IV -D child support services pursuant to: 1) a signed application for services submitted by a CP or NCP; 2) an automatic referral for services pursuant to a county's local Wile; or 3) an automatic referral from the Health and Human Services Commission (HHSC) when a CP is certified to receive public assistance. FVI Family Violence Indicator HHSC Health and Human Services Commission IV -D (also referred to as Title TV -D of the Social Security Act, [42 U.S.C. 651 et seq.] which requires that Title IV -D) each state create a program to locate NCPs, to establish paternity, to establish and enforce child support obligations, and collect and distribute support payments. All recipients of public assistance (usually Temporary Assistance for Needy Families (TANIF)) 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 GCSE). Non -Custodial Parent The parent who does not have primary care, custody, or control of the (NCP) Dependent(s). OAG-CSD (also referred Office of the Attorney General, Child Support Division to as OAG) OAG Case Management A federally certified case management system for the IV -D program. Also referred System as the "Texas Child Support Enforcement System" or TXCSES, Tl, or T2. Registry -Only (RO) A case for which the IV -D services provided by the OAG are limited to recording and disbursin child support payments. Remitter NCPs, employers, counties, other states, other countries, other entities, individuals, responding jurisdictions, or other third parties who have forwarded a child support Payment to the appropriate child support registry. SSN Social Security Number Start Date of Cause The date the judge 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. CONTRACT TERM 2.1. The Contract becomes effective on September 1, 2016 and, unless sooner terminated as provided herein, ends on August 31, 2018 (the "initial term"). The Contract shall be automatically renewed for three (3), one (I) year terms with the first one (1) year term beginning on September 1, 2018, unless one (1) party notifies the other in writing of its intention not to renew this Contract. Such renewal shall be subject to all specifications and terms and conditions of this Contract, with the sole and limited exception that the original date of termination may be extended pursuant to this provision. The parties agree to be bound, for the initial tern of the Contract and for any and all renewal terms which the OAG may elect to exercise, by the terms of this Agreement, including the County performance of the within described services at the rates specified herein. 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 confidential and/or sensitive information to County in order to perform Contract services, County agrees to assume responsibility for compliance with, and to work closely in cooperation with, OAG to ensure compliance with all applicable state SCR/hCS Final (7/26/16)4 OI. pg. / / I Page 2 of 26 and federal statutory requirements for confidentiality and information security. See Section 7 INFORMATION PROTECTION PROVISIONS below for more information. 3.1.2. Customer Identification. County shall adhere to the DAG Procedures for Customer Identification (Attachment A) prior to responding to an inquiry or updating case and member information. 3.1.3. State Disbursement Unit. County agrees that all court orders with child support rendered by a court on or after January 1, 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 attorney that fail to comply with Section 154.004 of the Texas Family Code and 42 USC 654b, County will notify the OAG of same. 3.1.4. State Case Registry. 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 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. Foran 1828 is published on the OAG-CSD's webpage, www.texasattorneveeneral.govI under "Child Support Forms/TAC Forms." 3.1.4.3. State Case Registry Complete. 3.1.4.3.1, The following are the minimum required data elements necessary fora 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 (SSN) and/or Date of Birth (DOB) • Family Violence Indicator (FVI) (if applicable) • Custodial Parent's Complete Address 3.1.4.3.1.2. Case and Cause Information Cause Number; and Start Date of Cause 3.1.4.4. Update 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 the OAG 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: SCMCS Final (7/26/16)Page 3 of 26 Vol. ���3� . p9• /�% • 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; and • 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) 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. 3.1.4.5.2. If a payment has been received by the SDU and a Child Support 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) 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) business days after receipt of the data. 3.1.4.5.4. County shall forward all misdirected child support payments to the SDU within one (1) business day of receipt and shall notify the Remitter of the correct payment address. 3.1.4.6. Protective Orders. 3.1.4.6.1. County shall update the FVI for Registry -Only Cases in the OAG Case Management System within one (1) business day 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 one (1) business day after it is filed, pursuant to TFC § 85.042(a). 3.1.4.7. New Orders for Existing Full Service Cases. 3.1.4.7.1. OAG and County will develop a mutually agreeable process to ensure that the OAG local field office has copies of new and subsequent orders on existing full service cases. 3.1.5. Local Customer Service. 3.1.5.1. County shall provide the resources necessary to accomplish 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; and 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 Parent. SCR/LCS Final (7/26/16)p Page 4 of 26 Vol. I _ 9•_�_ 3.1.5.2.2.3. Providing payment records on Child Support Cases to the court, the guardian ad litem 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 receive 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 DAG 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) business days after receipt. 3.1.5.3.1.2. Take action on information received within three (3) 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) business days after receipt. 3.1.5.3.1.5. Resolve or respond to telephone inquiries within three (3) 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) business days after request. 3.1.5.3.1.7. Provide customers with the OAG's toll free Enterprise Customer Service Center number (800-252-8014) when needed. 3.2. INTERFACE CONTROL DOCUMENT FILE SHARING SERVICES. 3.2.1. This Section is applicable only if County exchanges interface control document ("ICD") 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. 3.2.3. The OAG may, with sufficient notice to County, cease processing of any or all ofthe ICD's listedbelow. 3.2.3.1. Interface Control Document Files 3.2.3.1.1. ICD012, Full -Service and Registry -Only Collections 3.2.3.1.2. ICD013, Registry -Only Disbursement Data. 3.2.3.1.3. ICD015, Full -Service and Registry -Only Collection Adjustments. 3.2.3.1.4. ICD050, Registry -Only Case Data for Local Registries. 3.2.3.1,5, ICD035, Local Customer Service Registry Activities 3.2.3.1.5.1. County may provide the ICD035 ICD to OAG for processing in the OAG Case Management System. 3.2.3.1.5.2. At the request of OAG, County shall provide additional documentation to support the Customer Service Activity claims submitted on the ICD035. Said documentation shall be in the format designated by OAG and shall include the following data elements: • Customer Service Date • Customer Service Time • Cause Number • OAG Case ID • Name of caller • Caller's relationship to the case • Description of Customer Service Activity SCR/LCS Final (7/26/16) 7 Page 5 of 26 Vol. --ZJ 7' pg.-� 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 or OAG policy and procedures that impact the County's ability to provide Contract Services will be documented through Controlled Correspondence. 3.4. PERFORMANCE REVIEW. County shall allow OAG access to county's case management system, imaging system, and 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 performance 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. 3.4.4.2. Child Support Case information is entered on the OAG 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 DAG 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 performance 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. 3,5.1, Mandatory Training. 3.5.1.1. County shall ensure that, upon notification by OAG, all County staff performing Contract Services comply with mandatory OAG training requirements. 3.5.2. OAG Case Management System. 3.5.2.1. All County staff performing Contract Services must be trained on the OAG Case Management System. Upon request from County, OAG will provide training materials (Reference Guide, CD ROMs, and/or Scenario Guide) on the OAG Case Management System. Training (via phone/webinar or classroom at an OAG regional training center) will be scheduled by OAG Regional Trainers by the end of the quarter following such request. County shall be responsible for any and all travel related costs associated with this training, including, but not limited to, costs for travel, lodging, meals and per diem. County shall direct training requests to: Larry Acevedo (or successor in office) Office of the Attorney General Mail Code 053 PO Box 12017 Austin, TX 78711-2017 Email address: CSD-TRN@texasattomeygeneral.gov texasattomeygeneral.gov SCR/LCS Final (7/26/16) Vo 1. J��j p O Page 6 of 26 4. REMEDIES FOR UNSATISFACTORY PERFORMANCE 4.1. DETERMINATION OF UNSATISFACTORY PERFORMANCE AND CORRECTIVE ACTION. 4.1,1. Failure of County to perform Contract Services shall be considered unsatisfactory performance. Unsatisfactory performance issues shall be communicated to County in writing by the OAG Contract Manager. 4.1.2. County must provide a written response to the OAG Contract Manager within a reasonable timeframe as determined by the OAG. 4.1.3. The OAG Contract Manager will review the County's written response and supporting documentation to make a final determination. 4, l ,4, Final determination of performance findings will be documented in controlled correspondence to the County. If the OAG Contract Manager issues a final determination of unsatisfactory performance, County shall provide a corrective action plan. 4.1.4.1. County's corrective action plan must be submitted to the OAG Contract Manager within fifteen (15) business days of the final determination from the OAG of unsatisfactory performance. 4.1.4.2. The corrective action plan must include a timeline for implementation and must be approved by the OAG Contract Manager. 4.2. RIGHT TO WITHHOLD PAYMENTS. 4.2.1. OAG may withhold payment in whole or in part if County fails to: 4.2.1.1. Respond to the OAG's initial correspondence regarding contract service performance issues; 4.2.1.2. Submit a corrective action plan to OAG within the specified time frame; or, 4.2.1.3. Implement the approved corrective action plan within the specified time frame. 4.2.2. If the County's performance does not return to a satisfactory status within four (4) months after implementation of the corrective action plan, OAG may withhold payments in whole or in part. 4.2.3. If the unsatisfactory status persists for a total of six (6) months after implementation of the corrective action plan, 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. 4.2.4. OAG will resume payments to County at such time as OAG finds County has complied with the provisions enumerated in the "Determination of Unsatisfactory Performance and Corrective Action" section above. The first payment after resumption shall include all costs accrued during the period in which payments were withheld. 5. FINANCIAL MATTERS 5.1. MAXIMUM LIABILITY OF THE OAG. 5.1.1. Notwithstanding any other provision of this Contract, the maximum liability of OAG under this Contract is Fourteen Thousand Dollars and No Cents ($14,000.00). 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%. SCR/LCS Final (7/26/16)9 Page 7 of 26 Vol. J /�_ pg. -/I/ 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 $12.89. 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 $4.09. 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 number of State Case Registry Complete activities during the calendar month multiplied by the State Case Registry Complete Fee plus the number of State Case Registry Complete Updates during the calendar month multiplied by the State Case Registry Complete Update Fee. 5.2.2.3.1. 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 $12.89) + (Calendar Month State Case Registry Complete Update activities x $4.09)] 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 number of Allowable Customer Service Activities performed on Full Service and Registry -Only Child Support Cases during the calendar month minus the number of Allowable Customer Service Activities performed on Registry -Only Cases during the calendar month multiplied by the Federal Disallowance Percentage, multiplied by a per inquiry fee of $4.12. For purpose of reference only the Federal Disallowance Percentage for SFY 2015 annualized is 22.31 %. 5.2.3.1.1. Thus, OAG's liability for County's Contract associated Local Customer Service costs will be calculated as follows: [((Calendar Month Full Service Inquiries Handled by County Personnel + Calendar Month Registry -Only Inquiries Handled by County Personnel) — (Calendar Month Registry -Only Inquiries x Federal Disallowance Percentage)) x $4.121 x Federal Share = OAG Liability. 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 25th 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. County shall submit the invoice via email to: CSD-Countylnvoicing 4texasattomeygeneral.gov Or via USPS mail to: Jamie Lala, OAG Contract Manager (or successor in office) Mail Code 062 Office of the Attorney General PO Box 12017 Austin, TX 78711-2017 Or via facsimile to: (512) 460-6654 SCFJLCS Final (7/26/16) Vol.Page 8 of 26 . ��� Pg. /7� 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, DAG 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 OAG 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 OAG 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. 5.5.1. County 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. County 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. County shall ensure that this clause concerning the authority to audit funds received indirectly by subcontractors through County and the requirement to cooperate is included in any subcontract it awards. 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. 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 tinder 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 SCR/LCS Final (7/26/16)rLrviP /-,y� Page 9 of 26 _ % g.-/-/ 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 Fundine 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. 5.6A. Antitrust and Assignment of Claims. Pursuant to 15 U.S.C. § 1, et seq., and Tex. Bus. & Comm. Code § 15.01, et 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 Tex. Bus. & Comm. Code § 15.0 1, or seq. 6. CONTRACT MANAGEMENT 6.1. CONTROLLED CORRESPONDENCE. 6.1.1. 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. 6.1,2. 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 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. 6.1.3. Controlled Correspondence documents shall be maintained by both parties in on-going logs. 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 (1) 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 SCR/LCS Final (7/26/16) Pg zz�_, Page 10 of 26 6.2.1.2. OAG Address _The address of OAG for all purposes under this Contract and for all notices hereunder shall be: Mara Flanagan Friesen (or successor in office) Deputy Attorney General for Child Support (IV -D Director) Office of the Attorney General PO Box 12017 Austin, TX 78711-2017 With copies to: Clayton Richter (or successor in office) Managing Attorney, Policy, Legal and Program Operations Transactional Attorneys PO Box 12017 (Mail Code 044) Austin, TX 78711-2017 6.3. CONTRACT MANAGERS. 6.3.1. OAG Contract Manager. The OAG Contract Manager is: Jamie Lala (or successor in office) CSD -Government Contracts Office of the Attorney General PO Box 12017 (Mail Code 062) Austin, TX 78711 Email adress: iamie.lala(dtexasattorneygeneral.gov Phone: (512) 460-6768 6.3.1.1. 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-to-day point of contact • coordinate quality control reviews • approve invoices • coordinate meetings with the County • investigate complaints 6.3.1.2. The OAG Contract Manager shall have no authority to agree to any: • Contract amendment • pricing change 6.3.2. County Contract Manager. Unless otherwise notified by County, OAG shall consider the District Clerk, Domestic Relations Office Director or Local Registry's office manager as County Contract Manager. 6.3.2.1. 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 SCR/LCS Final (7/26/16) VOA pg. X✓;'� Page 11 of 26 6.4. SUBCONTRACTING. 6.4.1. It is contemplated by the parties hereto that County shall conduct the performances provided by this contract substantially with its own resources and through the services of its own staff. In the event that County should determine that it is necessary or expedient to subcontract for any of the performances specified herein, County shall subcontract for such performances only after County has transmitted to the OAG a true copy of the subcontract County proposes to execute with a subcontractor and has obtained the OAG's written approval for subcontracting the subject performances in advance of executing a subcontract. County, in subcontracting for any performances specified herein, expressly understands and acknowledges that in entering into such subcontract(s), the OAG is in no manner liable to any subcontractor(s) of County. In no event shall this provision relieve County of the responsibility for ensuring that the performances rendered under all subcontracts are rendered so as to comply with all terms of this procurement. 6.5. NO ASSIGNMENT BY COUNTY. 6.5.1. County will not assign its rights under this contract or delegate the performance of its duties under this contract without prior written approval from the OAG. 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. 6.6.1. County must report any suspected incident of fraud, waste or abuse associated with the performance of this Contract to any one (1) 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(c)texasattomey eg neral.gov); and • the State Auditor's Office hotline for fraud (1-800-892-8348). 6.6.2. The report of suspected misconduct shall include (if known): • the specific suspected misconduct; • the names of the individual(s)/entity(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. 6.6.3. The words fraud, waste or abuse as used in this Section have the following meanings: • 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. • Waste is the extravagant careless or needless expenditure of funds or consumption of property that results from deficient practices, system controls, or decisions. • 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. SCR/LCS Final (7/26/16) Vol. ��� Pg / Page 12 of 26 6.7. COOPERATION WITH THE OAG. 6.7.1. 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 Attorney General 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, Subcbapter 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 GAG 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. 7.1.1.1.3. 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 Final (7/26/16) vO' �Iv Pg. Page 13 of 26 7.1.2. Applicability. 7.1.2.1. References in the Information Protection Provisions. 7.1.2.1.1. All references to "OAG" shall mean the Office of the Attorney General. 7.1.2.1.2. All references to "OAG-CSD ISO" shall mean the Office of the Attomcy 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 OAG Data are subject to public disclosure. However, data that is publicly ]mown and generally available to the public is not subject to these Information Protection Provisions. 7.1,2.1.7. All references to "OAG Customers" shall mean any person or entity that delivers, receives, accesses, or uses OAG Data. 7.1.2.1.8. 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 7.3, PIiYSICAL AND SYSTEM SECURITY, subsections below. 7.1.2.2. Inclusion in all Subcontracts. 7.1.2.21. 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 Briefines Training and Aclrnowledetnents. 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. 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/LCS Final (7/26/16) Vol ?� pg %`% Page 14 of 26 7.1.5. Key Person Dependence or Collusion. County shall protect against any key -person dependence or collusion by enforcing policies of separation of duties, restrictedjob responsibilities, audit logging, and job rotation. 7.2. 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 CAG 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. County or County's Agents may, however, disclose OAG Data to the extent required by law or by order of a court or governmental agency; provided that County shall give OAG, and shall cause County's Agents to give OAG, notice as soon as it or they are aware of the requirement; and use its or their best efforts to cooperate with OAG if OAG wishes to obtain a protective order or otherwise protect the confidentiality of such OAG Data. OAG reserves the right to obtain a protective order or otherwise protect the confidentiality of OAG Data. 7.2.2.3. 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. 7.2.4. Data Retention and Destruction. 7.2.4.1. Within six (6) months of contract award, County and OAG shall develop, and mutually agree 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; SCR/LCS Final (7(26116) _ ? Vol. Pg. e,' Page 15 of 26 �J �_. ��/ (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 (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 Q. 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 7.2.4 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 of 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. 7.2.5. Requests to Countv for Confidential or Public Information. 7.2.5.1. County and County's Agents expressly do not have any actual or implied authority to determine whether any OAG Data are public or exempted from disclosure. Tex. Gov't Code Chapter 552 defines the exclusive mechanism for determining whether OAG Data are subject to public disclosure. County is not authorized to respond to public information requests on behalf of the OAG. County agrees to forward to the OAG, by facsimile within one (1) business day from receipt all request(s) for information associated with the County's services under this contract. County shall forward any information requests to: Office of the Attorney General, Public Information Coordinator Fax (512) 494-8017 Email address: PublierecordsR,(exasattorneveeneral.gov 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 Logical/Information System Protections contained in this contract. 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. SCR/LCS Final (7/26/16)1 I Page 16 of 26 �---- 7.3.1.2.3. 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 1, 2007 may be disposed of, with all other systems access logs created in 2007, on January 1, 2015. All physical access and logical access security systems logs must be stored to electronic media. Any stored log must be produced for viewing access and copying upon request of OAG within five (5) business days of 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. County'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. 7.3.2.4. 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. 7.3.2.5. County shall protect information systems against environmental hazards and provide appropriate environmental protection in facilities containing information systems. SCR/LCS Final (7/26/16)? L� Page 17 of 26 Vol. —Z% Pg.. �� 7.3.3. LoOcal/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 sollware, systems, and OAG Data in the production environment. 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 identified, 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. 7.4. ENCRYPTION. 7.4.1, 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. 7.4.2. 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. SCR/LCS Final (7/26/16)Eo:b—:— p l� Page 18 of 26 g. 7.5. SECURITY AUDIT. 7.5.1. Right to Audit, Investigate and Inspect. 7.5.1.1. 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; and (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. 7.5.1.2. When OAG performs any of the above monitoring, observations, and inspections, OAG will provide County with reasonable notice that conforms to standard business audit protocol. However prior notice is not always possible when such functions are performed by the State Auditor of Texas, the United States Internal Revenue Service, the United States Department of Health and Human Services and the Comptroller General of the United States. In those instances OAG will endeavor to provide as much notice as possible but the right to enter without notice is specifically reserved. 7.5.1.3. Any audit of documents shall be conducted at County's principal place of business and/or the location(s) of County's operations during County's normal business hours and at OAG's expense. County shall provide 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. 7.5.1.4. 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. 7.6. SECURITY INCIDENTS. 7.6.1. Response to Security Incidents. 7.6.1.1. 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) Initial responders; (ii) Containment; (iii) Management Notification; (iv) Documentation of Response Actions; (v) Expeditious confirmation of system integrity; (vi) Collection of audit trails and similar evidence; (vii) Cause analysis; (viii) Damage analysis and mitigation; (ix) Internal Reporting Responsibility; (x) External Reporting Responsibility; and (xi) OAG Contract Manager's and OAG-CSD ISO's name, phone number and email address. Attachment is County's current internal incident response plan. Any changes to this incident response plan requires OAG approval (which approval shall not be unreasonably withheld) and may be made by Controlled Correspondence. SCR/LCS Final (7/26/16) 'Page 19 of 26 Vol. _oC_.� � pg. _��� 7.6.2. Notice. 7.6.2.1. Within one (1) hour 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. 7.6.2.2. 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 E) 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. 7.6.2.3. Each day thereafter until the investigation is complete, County shall: (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. 7.6.2.4. Whenever daily oral reports are provided, County shall provide, by close of business each Friday, an email report detailing the foregoing daily requirements. 7.6.3. Final Report. 7.6.3.1. Within five (5) business days of 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: 7.6.3.1.1. A detailed explanation of the cause(s) of the Security Incident; 7.6.3.1.2. 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 7.6.3.1.3. A specific cure for the Security Incident and the date by which such cure shall be implemented, or if the cure has been put in place, a certification to OAG that states the date that County implemented the cure and a description of how the cure protects against the possibility of a recurrence. 7.6.3.2. If the cure has not been put in place by the time the report is submitted, County shall within thirty (30) calendar days atter 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. 7.6.3.3. 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. 7.6.4. Independent Right to Investigate. 7.6.4.1. 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. 7.7. REMEDIAL ACTION. 7.7.1. Remedies Not Exclusive and Injunctive Relief. 7.7.1.1. 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. SCR/LCS Final (7/26/16) -� Page 20 of 26 7.7.1.2. 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. 7.7.2. Notice and Compensation to Third Parties. 7.7.2.1. In the event of a Security Incident, third -party or individual data may be compromised. 7.7.2.2. 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; (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, home address, account number, etc.); (iii) A brief description of what is being done to investigate the breach, mitigate losses, and to protect against any further breaches; (iv) Contact procedures for those wishing to ask questions or learn additional data, including a telephone number, website, if available, and postal address; and (v) Instructions for accessing the Consumer Protection Identity Theft section of the OAG website. 7.7.2.3. 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. 7.7.2.4. 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. 7.8. COMMENCEMENT OF LEGAL ACTION. 7.8.1. County shall not commence any legal proceeding on OAG's behalf without OAG's express written consent. 8. AMENDMENT 8.1. 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. CONVENIENCE OF THE STATE OF TEXAS. 9.1.1. OAG reserves the right to terminate the contract at any time, in whole or in part, without penalty, by providing thirty (30) calendar days advance written notice, if OAG determines that such termination is in its best interest. 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. The OAG shall have no other liability including no liability for any costs associated with the termination. SCR/LCS Final (7/26/16)Page 21 of 26 Vol. — p9•_ ��� 9.2. TERMINATION FOR DEFAULT/CAUSE. 9.2.1, 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 under this Contract. 9.2.2. OAG may exercise any other right, remedy or privilege which may be available to it under applicable law of the State 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. 9.3. CHANGE IN FEDERAL OR STATE REQUIREMENTS. 9.3.1, 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. 9.4.1. 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. 9.5.1. 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 and Conforming Amendments. 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 OAG is fully and completely meeting obligations imposed by all laws, rules, regulations, requirements, and guidelines upon OAG in carrying out the program of child support enforcement pursuant to 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 tern of this Contract. The OAG reserves the right, in its sole discretion, to unilaterally amend this Contract throughout its tern 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. County agrees that no person shall, on the ground of race, color, religion, sex, national origin, age, disability, political affiliation, or religious belief, be excluded from 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. SCR/ -CS Final (7/26/16) .-- P;Eyfl Page 22 of 26 Vol. � 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 five (5) 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. 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 F 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 Concemine 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. This Contract shall not render County an employee, officer, or agent of the OAG for any purpose. County is and shall remain an independent contractor in relationship to the OAG. The OAG shall not be responsible for withholding taxes from payments made under this Contract. County shall have no claim against the OAG for vacation pay, sick leave, retirement benefits, social security, worker's compensation, health or disability benefits, unemployment insurance benefits, or employee benefits of any kind. 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. SCR/LCS Final (7/26/16) OI. / Page 23 of 26 V_�J� p9 - 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. 10.2.3.1. 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. 10.2.3.2. 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. 10.2.4. News Releases or Pronouncements. The OAG does not endorse any Contractor, commodity, or service. No public disclosures or news releases pertaining to this Contract shall be made without prior written approval of the OAG. 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. 10.51. By entering into this contract, County acknowledges that the OAG will perform background reviews, to include criminal history record information, of all County Agents before allowing a County Agent to provide contract services. Prior to allowing a county agent to provide contract services, County shall provide the OAG with a completed "New County User Access form" (See Attachment G) which includes: • the County Agent's name (including any other names used); • day time phone number; • responsibilities under the contract; • date of birth; • driver license number; and • social security number. 10.5.2. County shall provide the "Request for New County User" form via email to: CSD- CountyAccess@texasattomeygeneral.gov. 10.5.3. The term County Agent as used in this `Background Reviews" provision means: all persons who perform contract services on County's behalf including County's officials, employees, agents, consultants, subcontractors and representatives. SCR/LCS Final (7/26/16) vOI �7 / �� Page 24 of 26 10.5.4. A County Agent who is a registered sex offender or has been convicted of a felony for crimes involving violence, child abuse or neglect, sexual offenses, theft or fraud may NOT perform contract services. 10.5.5. No County Agent shall commence performance of contract services or assume new responsibilities regarding contract services until OAG consents to such County Agent performing such service or new responsibility. This prohibition pertains to performance of contract services and is not intended to preclude County from continuing to engage County Agent's services for non -contract services. 10.5.6. 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. DAG 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 access to OAG Data. OAG is prohibited from revealing the results of any criminal history records check to County. 10.5.7. 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 (1) 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 thirty (30) calendar days after the date of the arrest. Within one (I) business day after receipt, County in tum 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 maybe executed in one or more counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument. SCR/LCS Final (7/26/16) Page 25 of 26 1101. _�%_ P9-__/ ifl 10.12. ATTACHMENTS. 10.12.1. Attachment A: OAG Procedures for Customer Identification 10.12.2. Attachment B: Record of Support, Form 1828 10.12.3. Attachment C: Certificate of Destruction for Counties and Vendors 10.12.4. Attachment D: County's Incident Response Plan 10.12.5. Attachment E: Security Incident Report 10.12.6. Attachment F: Certification Regarding Lobbying 10.12.7. Attachment G: New County User Access form TIIIS CONTRACT IS HEREBY ACCEPTED OFFICE OF THE ATTORNEY GENERAL Mara Flanagan Friesen Deputy Attorney General for Child Support (N -D Director) Signed Date ZOS OUNTY T e orabic Duane eters County Judge, Brazos County g1arNI Signed Date SCR/LCS Final (7/26/16) v U Page 26 of 26 IV ol. Pg. /% — ATTACHMENT A OAG Procedures For Customer Identification 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. _�J-- %. pg -. Z%_/_ ��OKNEYC`z ATTACHMENT B 9Sb xa`�" Figure: 1 TAC §55.121 Record of Support This form is used by counties to provide the record of support data needed by the state case registry as required by the Texas Family Code § 105.008. (Counties may use the TXCSES 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 fax 877-924-6872, e-mail csd-sdu ,texasattorneygeneral.gov, , or mail to TxCSDU, P.O. Box 659400, San Antonio, TX 78265. Order Information County Name: Court Number: Cause Number: Attorney General Case Number: Date of Hearing: Order Sign Date: Order Type: ❑ New Order ❑ Modified Order Payment Location: ❑ SDU ❑ County ❑ Other fibli.ace/Custodial Parent Information ❑ Family Violence Protection (FV) (Check if individual below is a victim offamily violence) Name: Date of Birth: Social Security Number: Address: City: State: Zip: Sex: ❑ Male ❑ Female Driver's License Number: Home Phone: Work Phone: Cell Phone: Relationship to Child(ren): Employer Name: Address: City: State: Zip: IMigor/Non-Custodial Parent information []—Family Violence Protection (FV) (Check if individual below is a victim of family violence Name: Date of Birth: Social Security Number: Address: City: State: Zip: Sex: ❑ Male ❑ Female Driver's License Number: Home Phone: Work Phone: Cell Phone: Relationship to Child(ren): Employer Name: Address: City: State: Zip: Post Office Box 12017, Austin, Texas 78711-2017 Tel: (512)460-6000 1-800-252-8014 email: esti-stluatexasattomcygencral eov or visit the Office of the Attorney General's website (www.texasattomeygeneral.gov). Form 1828--- September 2014 vol. pg / 90, �"a`^ ATTACHMENT B fi <m rexnF" Figure: 1 TAC §55.121 1Vendeiat information ❑ Family Violence Protection F Check if dependent below is a victim o nmil violence) Name: Sex: ❑ Male ❑ Female Date of Birth: Social Security Number: ❑ Family Violence Protection (FV) (Check ifdependent below is a victim offamily violence) Name: Sex: ❑ Male ❑ Female Date of Birth: Social Security Number: ❑ Family Violence Protection (FV) (Check if dependent below is a victim offamily violence) Name: Sex: ❑ Male ❑ Female Date of Birth: Social Security Number: ❑ Family Violence Protection (FV) (Check if dependent below is a victim offamily violence) Name: Sex: ❑ Male ❑ Female Date of Birth: Social Security Number: Attach additional forms if there are more children or this cause Form prepared by: Phone: Date: Post Office Box 12017, Austin, Texas 78711-2017 Tel: (512)460-6000 1-800-252-8014 email: csd-sdu(a),texasattorneveeneral.eov or visit the Off co e f the Attoniev General'website s to (www.t z sattomeygeneral.gov). Form 1828 I j f pg September 2014 ATTACHMENT C Office of the Attorney General — Child Support Division Certificate of Destruction for Contractors and Vendors Hard copy and electronic media. must be sanitized prior to disposal or release for reuse: The OAG tracks, documents, and verifies media sanitization and ;disposal actions, The media must be protected and.controlled byauthorized personnel during transport outside of,conteolled areas.. Approved methods for media. sanitization' are listed in the NIST Special Publication 800 -88, -Guidelines for Media Sanitization. htto://cercn'st cov/oublicafions/nistoubst800-88MISrSP800-88 lath- . errata.Z Contact Name Title Company Name and Address Phone - - You may attach an inventory of the media if reeded for bulk media disposition or destruction. Media Type Media Title / Document Naine - HARD COPY I I ELECTRDNIC - - Media Description. (Paper, Microfilm.. Computer Media, Sapes; etc.)., - Dates of Records Document 1 Record TcWn9 Number OAG Item Number Make / Model I Serial Number - CLEAR Who Completed? Who verified? Item Sanitization PURGE Phone Phone DESTROY DATE Completed Sanitization Method and/or Product.Used 4 Reused Internal) - Destruction / Disposal Final Disposition of Media ReusedExternall r,r! Returned to Manufacturer - Other: Comments: If any OAG Date is retained,,indicate the type of storage;media;,physlcal locations(s),'and any'planned destruction date. Descri tion.of OAG Data-Retainedend Retention Requirements: - Proposed method of destruction for OAG approval: I.Type of,.stofage media? 'Physicatlocatidn? Planned'destructiomdate? Within five (5) days of destruction or purging, provide the OAG with a signed statement containing the date of clearing, purging or destruction, description of OAG, data cleared, purged or destroyed and the method(s) used. Authorized approval has been received for the destruction of media. identified above and has metals OAG Records Retention Schedule.requirements including. state, federal and/or internal audit requirements and is not pending any open records requests. - - Records Destroyed by - Records Destruction Verified by. - Signature - - Date 'Signature Date - Be sure to enter name and contact info for who completed the data destruction and who verified data destruction in the Gelds above. Send the signed Certificate of Destruction to:. - - - - OAG: Child Support Division, Information Security Office, PO Box 1201.7, Austin, TX 78711-2017 GP Revise& 09-02-15 ---- 1 of 2 Vol. �% . pg. %iy Office of the Attorney General — Child Support Division Certificate of Destruction for Contractors and Vendors INSTRUCTIONS FOR CERTIFICATE.OF DESTRUCTION Hard copy and electronic media m6stbe sanitized prior to -disposal or release for reuse. The OAG tracks, documents, and verities media sanitization and disposal. actions. The media must be.protected.and:contiolled by authorized personnel during transport outside of controlled areas. Approved methods for media sanitization are listed in the NIST Special Publication 800-88, Guldelines'for Media Sanitization.'htto,nnsrnnist.aowoublimlio6s/nistoub3/800-e8iMSTSPS00-88 with- ' errata - IRS Publication 1075 directs us to the FISMA requirements and NIST guidelines for sanitization and disposition of media used for federal tax information (FTI). These guidelines are also required for sensitive or confidential information that may include personally identifiable information (PII) or protected health information (PHI). NIST 800-88, Appendix A contains a matrix of media with minimum recommended. sanitization techniques for clearing, purging, or destroying various media types. This appendix is to be used with the decision flow chart provided in NIST 800-88, Section 5. There are two primary types of media in common. use: • Hard Copy. Hard copy media is physical representations of information. Paper printouts, printer and facsimile ribbons, drums, and platens are all examples of hard copy media. • .Electronic for soft copy). Electronic media are the bits and bytes contained in hard drives, random access memory (RAM), read-only memory (ROM), disks, memory devices, phones, mobile computing devices, networking equipment, and many other types listed in NIST SP 800-88, Appendix A. 1- For media being reused within your organization, use the CLEAR procedure for the appropriate type of media. Then validate the media is cleared and document the media status and disposition. 2. For media to be reused outside your organization or if leaving your organization for any reason, use the PURGE procedure for the appropriate type of media. Then validate the media is purged and document the media status and disposition. Note that some PURGE techniques such as degaussing will typically render the media (such as 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 cannot 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 CAG with a signed statement detailing the nature of OAG data retained type of storage media, physical location, planned destruction date, and theproposed methods of destructiomfor OAG approval.. 6. Send the signed Certificate of Destruction to: OAG: Child Support. Division FAX to: 512-460-6070 Information Security Office PO Box 12017 or send as an email attachment to: Austin, TX 78711-2017 Arthur. Ca n Ere II (a)texasa ltorneyoen eral. nov Final Distribution - Original to:: Arthur Cantrell, Information Security Officer 512460-6061 of Certificate "Copy to: - 1 Your Company Records Management Liaison or- Information security Officer - -2. CSD Contract Manager '. GP Revised: 09-02-15----- 2 of 2 Val. J'% Pg /JSJ, Brazos County Incident Response Plan Adopted Date: Overview ATTACHMENT D 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 1 of 3-----"-- ATTACHMENT D Incident Response Team Roles and Responsibilities Rosdion=;;. , Roles and Responsibilities - Chief Information Immediately report incident directly to OAG CISO and GAG Contract Security Officer Manager (CISO) Determine nature and scope of the incident Contact members of the Incident Response Team Determine which Team members play an active role in the investigation Escalate to executive management as appropriate Contact other departments as appropriate Monitor and report progress of investigation to OAG CISO Ensure evidence gathering and preservation is appropriate Prepare and provide a written summary of the incident and corrective action taken to OAG CISO Information Central point of contact for all computer incidents Technology Notify CISO to activate Incident Response Team Operations Center Information Privacy Document the types of personal information that may have been Office breached Provide guidance throughout the investigation on issues relating to privacy of customer and employee personal information Assist in developing appropriate communication to impacted parties Assess the need to change privacy policies, procedures and/or practices as a result of the breach Network Analyze network traffic for signs of external attack Architecture Run tracing tool and event loggers Look for signs of firewall breach Contact external internet service provider for assistance as appropriate Take necessary action to block traffic from suspected intruder Prepare Incident Containment Report, as appropriate, and forward to County CISO Operating Systems Ensure all service packs and patches are current on mission -critical Architecture computers Ensure backups are in place for all critical systems Examine system logs of critical systems for unusual activity 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 Clso 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 age2-of3_---------- FVoI. ATTACHMENT D Incident Contact List OAG Contact Information ;Position` Name Phone Email address Number OAG Information Arthur Cantrell 512-460-6061 arthur.cantrell@texasattomeygeneral.gov Security Officer OAG Contract Manager Jamie Lala 512-460-6768 jamie.lala@texasattorneygeneral.gov County Contact Information Phone Position Name eEmail address ' ,Numbr . . Chief of Information Security Officer County Contract Manager Information Technology Operations Center Information Privacy Office Network Architecture Operating Systems Architecture Business Applications Internal Auditing Page 3 of 3 pNEY MROI CHII.O SUYPU XI' PIVI31 _ To immediately report an incident please contact: ATTACHMENT E SECURITY INCIDENT REPORT For Contractors or Vendors Arthur Cantrell OAG-CS Information Security Officer Arthur.Cantrell@texasattorneygeneral.gov Office (512) 460-6061 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). Contact Information 1. ,r 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 TB&CC) Page 1 of 5 Contractors - Rev. 09-02-15 Vol.. Pg. --V,— �pgNEY�,� ATTACHMENT E SECURITY INCIDENT REPORT For Contractors or Vendors ❑ Account compromise (e.g., lost password) ❑ social engineering (e.g., phishing, scams) ❑ Denial of service (including distributed) ❑ Technical vulnerability (e.g., 0 -day attacks) ❑ Malicious code (e.g., virus, worm, Trojan) ❑ Theft/loss of equipment/media/document ❑ Misuse of systems (e.g., acceptable use) ❑ Unauthorized access (e.g., systems, devices) ❑ Reconnaissance (e.g., scanning, probing) ❑ Unknown/Other (Please describe below) Description of incident: 3 Scope of Incider(t (Che`ckr one ❑ 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 orstandard user accounts only) ❑ Unknown/Other (Please describe below) Estimated number of systems affected: ❑ Loss of reputation (e.g., workstations, servers, mainframes, Estimated total cost incurred: applications, switches, routers) (e.g., cost to contain incident, restore Estimated number of users and/or systems, notify data owners, notify customers affected: customers, credit monitoring fees, fines) Third -parties involved or affected: (e.g., vendors, contractors, partners) Additional scope information: 4 Impact of Incident (Check all pp ❑Loss Loss of access to services ❑ Propagation to other networks' ❑ Loss of productivity ❑ Unauthorized disclosure of data/information ❑ Loss of revenue ❑ Unauthorized modification of data/information ❑ Loss of reputation ❑ 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 & 552.139 TB&CC) Page 2 of 5 Contractors - Rev. 09-02-15 Vol. �'� . p9•- �� 0 sNEp0 ATTACHMENT E SECURITY INCIDENT REPORT rF For Contractors or Vendors Additional impact information: S} Sensitivity of,'Affetted'Data/Information (Cheek all that'gpply) ❑ Confidential/Sensitive/IRS data/info ❑ Personally identifiable information (PII/PHI) ❑ Financial data/info ❑ Intellectual property/copyrighted data/info ❑ Non -sensitive data/info ❑ Critical infrastructure/Key resources ❑ Publicly available data/info ❑ Unknown/Other (Please describe below) Quantity of data/information affected: (e.g., file sizes, number of records) Describe the data and/or information that may have been compromised: 6 Users:and/dr.Customers Affected by n Went,(Provide.as much,detar! os possible) . ,. 7 Y Y, de ( Number of affected Users Number of affected Customers User Name User Job Title System access levels or rights of affected users: (e.g., regular user, domain administrator, root) Primary functions of affected systems: (e.g., web server, domain controller) Additional User and/or Customer details: .;Systems Affected b Incident ` Provide as much detail as possible) ` Attack sources (e.g., IP address, port): Attack destinations (e.g,, IP 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) CONFIDENTIAL when filled out (Chapter 2059.55 TGC Code & 552.139 TB&CC) Page 3 of 5 Contractors - Rev. 09-02-15 Vol. x_57 . Pg. !�/ 0g'sEr rFxrs ATTACHMENT E SECURITY INCIDENT REPORT For Contractors or Vendors Security software loaded on affect systems: Actions taken by Contractor to (e.g., anti-virus, anti-spyware, firewall, identify affected resources: versions, date of latest definitions) Actions taken by Contractor to Physical location of affected systems: contain & investigate incident: (e.g., state, city, building, room, desk) Actions taken by Contractor to Additional system details: 8 Remediation of lncrdent "'(Provide ds much detail as possible , r iclude dates) Actions taken by Contractor to identify affected resources: Actions taken by Contractor to contain & investigate incident: Actions taken by Contractor to remediate incident: Actions taken by Contractor to verify successful remediation: (e.g., perform vulnerability scan, code review, system tests) Actions planned by Contractor to prevent similar incidents: (provide timeline) Additional remediation details: 9 Timeline of Incident (Provide & mucWdetad,as`possible) 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 & 552.139 TB&CC) Page 4 of 5 ------------Contractors- Rev. 09.02-15 -NEy ,el -'PX Detailed;incidenttime- ine: Date I Time ATTACHMENT E SECURITY INCIDENT REPORT For Contractors or Vendors 10 Miscellaneous / Lessons; Lea rned (Provide any other relevant information) 11 List of Attach'r'iments - (Include ther ame and date'of eacFi'attachinent) L Please submit the completed form, attachments and all updates to: Arthur Cantrell 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)460-6061 Fax (512)460-6850 Arthur.Cantrell@texasattorneygeneral.gov *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 Chopter33, 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&CC) Page 5 of 5 1 Contractors - Rev. 09-02-15 Vol. _ ���y . Pg.' Gy S ATTACHMENT 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 $10,000 and not more than $100,000 for each such failure. (Respondent Signature) (Respondent Printed Name) (Respondent Title) (Date) (Organization) Vol. pg"- ATTACHMENT G �?7Ey Tt;xaS CHILD'S'LPVOR'r DIVISION Request for New County User A criminal background review will be conducted prior to providing access to TXCSES systems. This form must be completed and returned to CSD-CountvAccessgtexasattomeygeneral.Qov before access can be granted. Employee Name: Other Names (i.e. maiden, etc.) County: Daytime Phone Number: Responsibilities under the contract: Date of Birth: Driver's License Number: Social Security Number: Supervisor's Signature Title Date —� Rev: 7/2016 Vol. Memorandum of Understanding behveen Texas A&M AgriLife Extension Service and Brazos County Pertaining to Information Technology Services This MOU is between Texas A&M AgriLife Extension Service ("Extension") and Brazos County ("County") and is intended to clarify the parties' responsibilities for information technology service and support (collectively "IT Services") at the Brazos County AgriLife Extension Office ("County Extension Office"). Extension provides quality, relevant outreach and continuing educational programs and services to the people residing in County and educates County residents in the areas of agriculture, environmental stewardship, youth and adult life skills, human capital and leadership, and community economic development. County desires that Extension maintains a County Extension Office to conduct beneficial outreach and education for its residents; therefore, the County provides space for the County Extension Office within County provided premises. The parties agree as set forth below with regard to IT Services at the County Extension Office: I. TERM The term of this MOU is two years beginning on September 1, 2016 and ending on August 31, 2018. The term of this MOU may be extended by written agreement of the parties. This MOU may be terminated by either party without cause, upon fifteen (15) days' prior written notice to the other party. if. OBJECTIVE The purpose of this MOU is to document the parties' understanding and responsibilities with regard to IT Services at the County Extension Office. III. PARTIES' AGREEMENTS A. FACILITY The County will ensure facilities provided to and occupied by the County Extension Office are equipped with data communications wiring that adhere to County's information technology standards. B. ACCESS 1. Loeical —Network and Internet Access County provides the County Extension Office with fill Internet access. This access includes electronic mail service ("email") to the Extension provided email. hi addition, agents and staff in the County Extension Office may also have County email service if needed. Extension understands that Internet access is in accordance with County operations standards. Vol. 2. Cost associated with Internet service County provides Internet service at no additional cost to Extension. 3. Physical (communications closets or server facility) Texas Administrative Code (Chapter 202 B 202.26) requires communications closets and equipment be physically secure. In situations where Extension owns or supplies network components, County will ensure Extension has access to allow for trouble shooting and restarting network equipment. County can require an access log be maintained to monitor Extension access. C. COMPUTER HARDWARE (includes printers, scanners, projectors) 1. Initial Purchase and Configuration: The County Extension Office can obtain computers through three channels. These include: Extension, County, or third party purchase as clarified below. Extension can provide computer systems through a standardized "Cost Share" program. This voluntary program includes initial setup and delivery of newly purchased systems. County is granted permission to configure the systems for access to County applications and standards, provided such access does not inhibit productivity. County can provide computer systems to the County Extension Office including initial setup and delivery. In this instance, computers must include configurations and standard software listed below under "Extension Standard Software Requirements." If a third party provides a computer, or a personal computer is used on the office network, it is expected these computers will meet both Extension and County security configuration standards. 2. Special Configuration Items Administrative level accounts will be maintained on all computer systems to allow either County or Extension to troubleshoot problems. 3. General Hardware Support: County will facilitate trouble -shooting computer hardware and peripheral devices and take corrective actions in accordance with County operation standards. County Information Technology unit ("County IT") will contact AgriLife Information Technology ("AgriLife IT") as needed to ensure Extension operation standards are met. County Extension Office staff will contact the County IT help desk per county operation standards. Expected Minimum Workstation management i. Microsoft Windows and Office patches maintained as current. ii. Adobe Acrobat patches maintained as current. iii. Chrome, Firefox, Flash and Java maintained as current when present. iv. Anti -Virus / Anti-Malware application installed, active and maintained as current. EV01.zE!-. pg.., �� 4. Warranty and Maintenance Costs: Computer systems provided by Extension are provided with an extended parts and service warranty (normally 3 years) through state vendor purchasing contracts. These computer systems will be maintained by AgriLife IT for warranties, parts, and cost and third -party maintenance if used per normal operation standards. Computer systems provided by County will be maintained by County for warranties, parts, and cost and third -party maintenance if used per normal County operation standards. Computers purchased by a third party or personal computers are neither Extension or County responsibility with regard to warranty, parts, costs or maintenance. 5. Ownership: Computer systems provided by Extension are the property of Extension. These systems will remain in the County Extension Office for its useful life or until determined obsolete. At that time, the County has the following three options: i. Return equipment to the property office of Extension for appropriate disposal. ii. Arrange with Extension for transfer of equipment to County. iii. Equipment may be donated to local charitable organizations in coordination with the Extension property office. Computers provided by County are property of County and ownership will be maintained according to County operational standards. Computers provided by a third party or a personal computer, unless formally transferred to Extension or County, will remain with that party's ownership. D. COMPUTER SOFTWARE County IT will facilitate trouble -shooting of computer software within the scope of County expertise. Issues outside the County scope for software required and provided by Extension will be referred to Extension support. County Extension Office staff will contact County IT help desk per county operation standards. Extension Standard Software Requirements: 1. Microsoft Windows Professional 2. Microsoft Office Professional 3. Adobe Acrobat Professional Extension Recommendations: 1. Use county standard version if defined, otherwise use the latest versions available 2. Add the Firefox Web Browser E. ANTI-VIRUS AND SECURITY INCIDENCE REPORTING LVol. ,J57 9 Pg. �G� Texas Adminisirative Code (Chapter 202 B 202.26) requires state agencies to report significant security incidences through the State Department of Information Resources (DIR). County supplies and maintains Anti -Virus and Anti-Malware Protection and meets state requirements for incidence reporting. As a courtesy Extension requests that County IT alert Extension IT of any significant IT related security event occurring in the County Extension Office. These alerts should be sent to the AgriLife Information Security Officer, Jimmy "Chuck" Braden. Phone 979-845-9689; email: securitybelp@ag.tamu.edu IV. FINANCIAL PROVISIONS There will be no exchange of funds or other resources among the parties that effectively alter the set contribution of each party in the context of this MOU. Specifically, each party will be responsible for its own costs in connection with all matters relating to any work and collaborations performed under this MOU. Except as may be provided for in Section III.B. above, or in a separate written agreement between the parties, or an amendment to this MOU, there will be no exchange of funds or other resources among the parties. The parties agree that nothing in this MOU shall compel or be interpreted so as to compel any of the parties to provide more resources than those available, without a written amendment to this MOU. V. MISCELLANEOUS This MOU will not be construed to create any partnership, joint venture or other similar relationship between the parties, nor shall either party enter into obligations or commitments on behalf of the other party. The construction, validity, performance, and effect of this MOU will be governed by the laws of the State of Texas. This MOU may be executed in any number of counterparts, including facsimile or scanned/emailed PDF documents. Each such counterpart, facsimile, or scanned/emailed PDP document shall be deemed an original instrument, all of which, together, shall constitute one and the same executed MOU. Texas A&M AgriLife Extension Service Bv: Printed Name: Alan Kurk Title: AgriLife IT Director Date: Date: i br b I I Le Vol. ZZ9_. pg.,_,�G% , Iq BRAZOS COUNTY, TEXAS BUDGET AMENDMENT(S) FOR THE 2015-201.6 BUDGET YEAR NO. 15/16 47.1-47.7 On this the 23rd day of August 2016 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 23rd day of August 2016 the Court heard and approved a budget amendment for the 2015-2016 budget year for Brazos County, Texas; and WHEREAS, expenditure is necessary due to the necessity to meet unusual andunforeseen conditions which could not be reasonably included in the original budget adopted 8 September 2015, the following amendment(s) to the original budget are hereby authorized, as described on the attached page(s). ADOPTED AND APPROVED this the 23rd day of August 2016. THE COMIVIISSIONERS COURT OF BRAZOS COUNTY, TEXAS. By: Duane Peters, County Judge Original: County Clerk's Office and Attached to the original budget Vol. _ 7 Pg, /� BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 1 SI16 - 47.1 8123/2016 FUND DIV ACCT PROJ DRICR ACCOUNT NAME Increase Decrease 0100 22800100 61801000 CR Travel 1,450.00 0100 22800100 67342000 DR Furniture 1,450.00 Associate Jude #2 Reallocation of funds to purchase two chairs. LVol. „L 3y—Pg.'' // BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 15116 - 47.2 6/23/2016 FUND DIV ACCT PROJ DR/CR ACCOUNT NAME Increase Decrease 4500 63000500 80213500 CR Software -Judicial 5,469.75 4500 63000500 60500000 DR Equipment & IT Enhancement 1,738.66 4500 63000500 67203000 DR Minor Computer Hardware 3,059.72 4500 63000500 67670000 DR Printers 671.37 General Capital Projects -Justice Software T) Reallocation of funds to purchase 2 scanners, 2 computers with equipment, 1 printer, 6 monitors, 5 VGA adapter cables, and 7 dual monitor arms for the County Clerk Office due to the justice software upgrade. BRAZOS COUNTY, TEXAS BUDGETAMENDMENTS No. 15/16 - 47.3 8/2312016 FUNDI DIV ACCT PROJ I DRICR ACCOUNT NAME Increase Decrease 0100 26001000 67342000 CR Furniture 5,354.79 0100 26001000 60360000 DR Furniture 5,354.79 Community Supervision - CounSupport Reallocation of funds to j>vwchase 8 executive chairs to r lace aging ones and 47 2est chairs for the staff trainin conference room. Vol, —Z3z— pg°.��� BRA70S COUNTY, TEXAS BUDGET AMENDMENTS No. 15116 - 47.4 8/23/2016 FUND DIV I ACCT I PROJ I DR/CR ACCOUNT NAME Increase I Decrease 4500 63000500 80213500 CR Software - Judicial 2,210.00 4500 63000500 67203000 DR Minor Compute Hardware 2,210.00 General Ca ital Projects - Justice Software (TT) Reallocation of funds to Purchase 2 computer and cables for Justice of the Peace, Pct. 3 and 85th District Court due to thejustice software upgrade. VOL _�_��-i-_Pg„ / BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 15116 - 47.5 8/2312016 FUNDI DIV ACCT I PROJ DR/CR ACCOUNT NAME Increase Decrease 4500 63000500 80213500 CR Software - Judicial 1,336.50 4500 63000500 67281000 DR Equipment - Electronic 1,336.50 General Capital Projects - Justice Sofhvare IT Reallocation of funds to purchase 2 Zebra GK420T Monochrome Thermal Label Printers with Wax Ribbons and Thermal Transfer Paper for the District Clerks Office due to the justice software upgrade. C 'ate YF }�ii6 W T b�,"'A'^ a E. •MM 1 Y 1S tx .L.+,.'3Ey X'�,u„3 .. �.4. vis` ni t'i� t•M 6L fi@l4 �3 t �i\n� Y' tC�nfY"JPProval'1frat. t .'w" sDateh 'rrt9.. Lv l�- � �'1 . I'g--2- 5� BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 15116 - 47.6 8/23t2016 FUNDI DIV I ACCT PROJ I DR/CR ACCOUNT NAME Increase I Decrease 4500 63000500 80213500 CR Software - Judicial 319.18 4500 63000500 65150000 DR Computer Maintenance 319.18 General Capital Projects - Justice Software (IT) Reallocation of funds to purchase 2 Dell 16GB Certified Memory Module for the Odyssey SQL Server in the Data Center due to thejustice software upgrade to support the external facing Web access. FlaPg%_._� BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 15/16.47.7 8/23/2016 FUNDI DIV r ACCT PROJ I DR/CR ACCOUNT NAME Increase Decrease 0100 11001500 61130000 CR Contingency 12,500.00 01001 36500100 1 65050000 DR Building Maintenance 12,500.00 General Fund Contingency and Brazos Center Reallocation of funds to remove approximately 400 sq ft of flooring at the Brazos Center to expose the slab in the linear path of lmown moisture. Furnish and install new parquet flooring, sand entire room to bare wood, stain, seal and apply finish coats. PERSONNEL CHANGE OF STATUS REQUESTS Commissioner Court Date: August 23, 2016 Department Submitting Information: Human Resources Purpose of Submissions: Consider and Take Action on Change Requests Department Submitting Employee Request Action Requested Request(s) Applies To Collections Romero, Theresa Separation District Attorney Morin, Angelica Separation District Clerk Emert, Kristin New Hire Johnson, Jessica New Hire Exposition Complex Pivonka, Clifford New Hire Juvenile Services — State Aid Jackson, Carol Change of Status Quinones -Rivera, Ariel Separation Thomas, Neshae Change of Status Justice of the Peace Pct. 2 Chavarria, Andria Change of Status Sheriffs Office —Administration Collins, Shantell Change of Status Cortemelia, Sharon Separation Sheriffs Office— Detention Hinton, Blake Change of Status Sheriffs Office — Medical Coleman, Kyle New Hire Approved in Commissioners' Court: August 23, 2016 County Judge's or Commissioner's Signature. (This Copy to be attached to minutes) Vol. _—�J� . P9,.: / 11 In the District Courts of Date Brazos County, Texas Duane peters County Judge NC ORDER DETERMINING COMPENSATION OF COUNTY AUDITOR AND ASSISTANT COUNTY AUDITORS On the 12th day of August, 2016, after a public hearing in accordance with the Texas Local Government Code, the undersigned Judges of the District Courts in Brazos County, Texas, determined the compensation to be paid to the County Auditor and Assistant County Auditors as set forth in this order. IT IS THEREFORE ORDERED that, effective October 1, 2016, the County Auditor and each Assistant County Auditor position shall be paid annual compensation in the amounts stated in the column identified as "Proposed Budget" set forth in the attached Exhibit "A" which is incorporated herein. Actual compensation amounts for each individual Assistant County Auditor will be submitted to the Brazos County Human Resources Department by the County Auditor and shall not exceed the position amount in the column identified as "Proposed Budget" in Exhibit "A". Additionally, the County Auditor and Assistant Auditors shall be paid longevity pay based on years of service at September 30, 2016, in accordance with the Brazos County Longevity Pay Policy and in the amount set forth by said policy. Vol. _,,�Zz�- IT IS FURTHER ORDERED that the District Clerk of Brazos County shall file this order in the minutes of the District Courts of Brazos County, Texas and shall certify this order to the Commissioners Court of Brazos County, Texas for its observance. on August 12, 2016. ALruiw Ik1WILM �f AVIS B. BRYAN, III iding Judge Presiding Judge District Court 272ad District Court I STEVE SMITH Presiding Judge 36151 District Court Vol. _oU1Z- g OS COUNTY, COMPARATIVE ANALYSRIS OF COUNTY AUDITOR BUDGET REQUEST For The Year Ending September 30, 2017 Proposed PARTICULARSBudget 9130/2017 Personnel Salary - Appointed Officials Salary Staff Hourly staff Hourly - Part time Hourly - Temporary Longevity, Cell Phone Allowance Total Personnel SeneRts Social Security Flex Benefit Fee Retirement Employee Health Insurance Employee Dental Insurance Worker's Compensation Unemployment Ins. Total Benetlts Total Personnel and Beneffts Departmental Support Copler/Pit S Adopted Budget Actual Expenditures Actual Expenditures Actual Expenditures 9!30/2016 9/30/2015 @130!2014 9130/2013 $ 107,120 260,798 r n $ 105,201 $ 95,255 $ 92,480 $ 86,674 219,004 423,382 40,700 391,557 382,432 381,045 _ _ 39,135 37,995 37,443 5,520 11800 5,280 11800 4,800 3,600 3,360 S 16,995 1,320 1,320 1,320 594,242 $ 576,343 $ 532,067 $ 517,827 S 512,042 45,460 660 44,091 36,865 36,024 35,895 83,194 660 80,689 464 74,490 507 71,400 523 117,120 109,950 101,196 67,538 66,289 83,886 3,566 3,459 5D 2,123 1,175 2,048 1,195 1,847 250,000 236,849 210 q3q 198,880 1,545 191,180 844,242 815,182 75D,501 716,517 _ 703,222 or upplles Equipment/Fumflurell.T.Enhancemenb 1000 Office Supplies 1,400 Advertising 100 Bonds 275 Conferences/Seminars 4,000 Dues 1,775 Printing 275 SubscriptlonalPublicatlons 550 Telephone- LD 20 Travel 6,000 Total Departmental Support 16,995 1,000 1,450 100 100 3,000 1,775 275 550 50 7,000 15,300 Copier Maintenance 410 600 Total Repairs and Maintenance 410 600 Minor Computer Software Computer Contracts 640 540 Minor Furniture Total MlnorAcquisitions 540 Copier Rental 540 - 1,456 Total ContrackServlces 1456 Totals$ Percentage Increase (Decrease) Over 860,587 $833,0088 Year Before 3.30%839% 709 774 53 271 3,592 1,775 264 754 40 5,265 13,497 539 539 4,068 4,068 $ 768,805 'Detailed Su 4.54% Support Schedules Attached 1- Due to leave expenditures, totals by line Item are not correct but total class16callon Is correct. Page 1 - i Vol. 61�'3/7- PCI 403 898 36 271 2,153 1,700 422 1,108 40 4,909 11,937 2,640 50 2,690 4,068 4,068 $ 735,212 1.87% 936 2,320 694 86 364 2,848 1,700 198 547 20 4,696 14,407 4,102 4,102 $ 721,731 . 4.56% AUDBUD16-17 BRAZOS COUNTY, TEXAS PROPOSED BUDGET REQUEST FOR SELECT ACCOUNTS COUNTY AUDITOR'S OFFICE For The Year Ending September 30, 2017 Conferences & Seminars Travel Employee 61110000 61801000 County Auditor County Auditor's Conference County Auditor's Institute Director of Accounting County Auditor's Institute On The Road Area Training Director of Internal Auditing County Auditor's Institute On The Road Area Training Assistant County Auditor Payroll Auditing Assistant County Auditors County Auditor's Institute County Auditor's Conference Assistant County Auditors On the Road Area Training Estimate $ 280.00 $ 550.00 3 nights - Ft. Worth 280.00 550.00 3 nights - Austin 295.00 550.00 3 nights 150.00 375.00 2 nights 295.00 550.00 3 nights 150.00 375.00 2 nights 425.00 375.00 2 nights 840,00 1,650.00 3 nights 520.00 1,650.00 3 nights 400.00 1,000,00 6 nights 3,635.00 7,625.00 Budget Requested $ 4,000.00 -T 6,000.00 Prices for courses are estimates, An assistant auditor may not ao to the course Indicated but will In the same Actual Proposed Dues Expense (61280000) 9130/2016 9/30/2017 GFOA - CAFR Review GFOA - Membership Texas Asso. Of County Auditors 580.00 580.00 840.00 840.00 355.00 355.00 $ 1,775.00=jn$1,775.00 Page 2 Vol. BRAZOS COUNTY, TEXAS PROPOSED BUDGET REQUEST - PERSONNEL & BENEFITS COUNTY AUDITOR'S OFFICE For The Year Ending September 30, 2017 Account Current Proposed Title Salary Budget Pere0nn01 - Sd 8 a 65 51150000 Salary-/lppolntedOf clal $ 104,800 $ 107,120 call phone allowance $ 840 $ 840 51300000 Salary -Staff Deng -Director of Accounting 199,389 204,996 Platt - Director of Internal Audit 78,153 00,928 72,284 callphone allowance 480 62 2n Bates• Asst. Auditor IV 59,348 460 61,875 cell phone affowance 480 qgg Mason -Asst Auditor 11/ 51610000 Hourly. Staff 444 56,762 Lozano Auditor it 211,339 218,630 See See -Asst Auditor it 42,838 7 44,702 Cao -Asst Auditor// 443,287 43,605 45,136 Zdunkewfcz-Asst. Auditor/ 411,.44005 43,181 Murph-Acct. Asst fit 40,851 41,746 51810000 Longevity Peracnnal • Beneflts 53100000 Social Security 631010 Flex Benefit Admin Fee 532000 Retirement 533000 Hospitalization 538000 Workers Comp 539000 Unemployment Insurance Totals Totals Salary Llmitation - LGC § 84.021,111.013,152.034 & 152905: Total Dept Salary Less: County Auditor's Proposed budget Includes 3% COLA and 2% merit. 2,21% 2.21% Z21% 4.26Y. 426% 4.25% Z21% 4.M.. 4.29% 2.19% 4,600 5,520 15.00% $�3.06^. 44,091 41,024 7.65% 660 660 80,689 75,077 14.00% 109,95D 117,120 $11,712p/yr per emp 3,459 3,568 0.66°% S 238,649 $ 237.446-D,59% $ 520,328 $ 536,266 (105,640) (107,960) $ $� Percentages are vaned because the FYE 9/30/2016 had 26.2 payrolls In It and the FYE 09/30/2017 only has 28 pay periods. Page 3 STATE OF TEXAS COUNTY OF BRAZOS Zojb AUG j8 P 2: 11 z6 WHEREAS, the Brazos County Commissioners Court ordered, at its July 19, 2016 Regular meeting, that restrictions on outdoor burning in the unincorporated areas of Brazos County, Texas, which are designated to become effective on July 19, 2016; and, WHEREAS, at the July 19, 2016, meeting, the Brazos County Commissioners Court determined that circumstances present in all or part of the unincorporated areas of Brazos County created a public safety hazard that would be exacerbated by outdoor burning; and, WHEREAS, at the July 19, 2016 meeting, the Brazos County Commissioners Court designated that the Brazos County Judge have the authority to terminate this Order in accordance with Local Government Code Section 352.081(c)(2); and, WHEREAS, the Brazos County Judge has considered the recent rains and determined that the circumstances present on August 18, 2016, in the unincorporated areas of Brazos County that created a public safety hazard that would be exacerbated by outdoor burning, no longer exist. NOW, THEREFORE, IT IS HEREBY ORDERED by the Brazos County Judge that the previous order 16-005 of July 19, 2016, which banned outdoor burning, is lifted and the restrictions set forth are removed until such time as the Brazos County Commissioners Court may take further action regarding the same. ORDERED this the 18" day of August, 2016. SRAZ ry,C- NTIY By: Duane Peters, County Ju ge IcQueen, County Cl rk i Q�• j6RAZOS.GO ti � • ,G �jw