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HomeMy WebLinkAbout2000-10-17-0900AM-Regular1 1 • BRAZOS COUNTY BRYAN. TEXAS r 17 NOTICE OF MEETING AND AGENDA BRAZOS COUNTY COMMISSIONERS COURT THE COMMISSIONERS COURT WILL MEET IN A REGULAR SESSION ON TUESDAY OCTOBER 17, 2000 AT 9:00 A.M. IN THE COMMISSIONERS COURTROOM OF THE BRAZOS COUNTY COURTHOUSE, 300 EAST 26T" STREET, SUITE 115, BRYAN TEXAS. 1. Invocation - Commissioner Jones. 2. Pledge of Allegiance - Commissioner Jones. 3. Call for citizen input and/or concerns. Consider and take action on agenda items 4 - 20: • 4. Budget Amendment 00/01-2.4. 5. Budget Amendment 00/01-3. 6. Personnel Changes of Status. 7. Payment of Claims. 8. Recurring Payment Request for The Family Practice Residency of the Brazos Valley. 9. Request by the Sheriff s Office - Jail Administration for the following personnel changes: a. Reclassification of Detention Offices assigned to the Transport Division and change of job title for these positions. b. Reclassification of a Dispatch Supervisor Position. c. Reclassification of a Jail Cook position and change of job title for this position. 10. Request by Sheriffs Office to reclassify the position of Administrative Assistant. 11. Request by the District Attorney's Office for the reclassification of the Receptionist position into a full time position. 12. Request by the Road & Bridge Department for the reclassification of a Heavy Equipment Specialist position. • 13. Request by the County Extension Agent for a budget amendment to increase the travel account and authorization for payment of travel expenses for the 2000 Fiscal Year. 14. Recommended List of Presiding and Alternate Judges. Commissioners Court Meeting Agenda October 17, 2000 Page Two 15. Contract with the Brazos County Rape Crisis Center, Inc. 16. Contract with the Office of the Attorney General for Texas Child Support Disbursemen via the State Case Registry. 17. Request by Constable, Precinct 4, for addition of a non-paid reserve deputy. 18. Blanket Purchase Orders for the following: a. $500.00 to Bobbitt Medical for Risk Management b. $500.00 to Office Depot for Risk Management c. $2,000.00 to Scott & White for Risk Management d. $1,000.00 to Kinko's for the County Clerk's Office 19. Requisitions for the Road & Bridge Department as follows: a. Bid No. 2001-001 Flexible Base - Annual Contract b. Bid No. 2001-002 Aggregate - Annual Contract c. Bid No. 2001-003 Hot Mix Asphaltic Concrete - Annual Contract d. Bid No. 2001-004 Asphalt, Oil and Emulsions - Annual Contract e. Bid No. 2001-007 Culverts - Annual Contract 20. Requisition from the County Clerk's Election Funds for a printer. 21. Presentation of the Quarterly Delinquent Tax Report. 22. Announcement of interest items and possible future agenda topics. 23. Call for citizen input and/or concerns. 24. Adjourn. The Courthouse is wheelchair accessible. Handicap parking spaces are available. Any request for sign interpretive services must be made two business days before the meeting. To make arrangements, call (979) 361-4102. 410- COMMISSIONERS' COURT REGULAR MEETING OCTOBER 17, 2000 u ca l Page ` 15 3 A regular meeting of the Commissioners' Court of Brazos County, Texas was held in the Commissioners' Courtroom in the Courthouse in Bryan, Brazos County, Texas, beginning at 9:00 a.m. on Tuesday, October 17, 2000, with the following members of the Court present: Alvin W. Jones, County Judge, Presiding; Tony Jones, Commissioner of Precinct 1; Wm.S. Thornton, Commissioner of Precinct 2; Randy Sims, Commissioner of Precinct 3, Carey Cauley, Jr., Commissioner of Precinct 4, Absent; Mary Ann Ward, County Clerk. The attached sheet contains the names of the citizens and officials that were in attendance. Commissioner Jones gave the invocation and led the pledge of allegiance. There was no citizen input and/or concerns. The Court next considered Budget Amendment #00/01-2.4 which would reallocate funds for Constable, Precinct 6. On motion by Commissioner Sims, seconded by Commissioner Jones, the Court voted unanimously to approve the budget amendment as submitted. A copy is attached. The Court next considered Budget Amendment #00/01-3.1 through 3.3, which would reallocate funds for County Clerk and County Clerk Records Management and create a line item for Certificate of Obligation Series 1998. On motion by Commissioner Sims, seconded by Commissioner Tony Jones, the Court voted unanimously to approve the budget amendment as submitted, a copy of which is attached hereto. The Court proceeded to consider the change of status of employees as submitted on the attached Personnel Action Requests. Commissioner Jones moved for approval as submitted. gommissioner Thornton seconded the motion. Vol Commissioners' Court meeting October 17, 2000 2 There was some discussion whereupon Commissioners Jones and Thornton withdrew their motion and second. Then on motion by the County Judge, seconded by Commissioner Thornton, the Court voted unanimously to approve the personnel changes with the exception of the request from the District Attorney's office which will be considered at a later date. The Court next considered the following Claims as submitted by the County Treasurer for payment: 20012118 through 20012326 On motion by Commissioner Jones, seconded by Commissioner Thornton, the Court voted unanimously to approve the Claims as submitted. The Court next considered authorizing the Auditor's office to process a recurring payment request for the following: a) Family Practice Residency of the Brazos Valley for medical care for indigents $55,000 On motion by Commissioner Sims, seconded by Commissioner Thornton, the Court voted unanimously to authorize the Auditor's office to process the previously noted recurring payment. The next matter for consideration by the Court was a request submitted by the Sheriff's Office-Jail Administration for the following personnel changes: a. Reclassification of Detention Officers assigned to the Transportation Division and change of job I title for these positions. This was requested to recognize the transport officers for added work they do while on the road. Commissioner Jones moved to approve the request. Commissioner Sims seconded the motion. Commissioner Jones voted "Aye". Commissioners Thornton and Sims and the County Judge voted "No". b. Reclassification of a Dispatch Supervisor Position. This was requested because a supervisor should be in a class higher than the other dispatchers. Commissioner Sims moved to approve. Commissioner Jones seconded the motion. Commissioner Jones voted "Aye". Commissioners Thornton and Sims voted "No". The County Judge abstained. Vol 9-1 Page ~J The next matter for consideration by the Court was a request submitted by the Sheriff's Office to reclassify the position of Administrative Assistant. This is aimed to bringing the position more in line with other Administrative Assistants in the County. On motion by Commissioner Jones, seconded by Commissioner Thornton, the Court voted unanimously to deny the request. The Court next heard a request from the District Attorney's office for reclassification of the Receptionist Commissioners' Court meeting October 17, 2000 3 C. Reclassification of a Jail Cook position and change of job title for the position. It was requested to change the title to Food Services Supervisor and reduce the cook from Pay Group 17 to Pay Group 14. On motion by the County Judge, seconded by Commissioner Thornton, the Court voted unanimously to deny the request. position into a full time position. On motion by the County Judge, seconded by Commissioner Thornton, the Court voted unanimously to table consideration. The next matter for consideration was a request by the Road & Bridge Department for reclassification of a Heavy Equipment Specialist position. On motion by Commissioner Thornton, seconded by Commissioner Sims, the Court voted unanimously to deny the request. The Court next considered a request from the County Extension Agent for payment of travel expenses. On motion by Commissioner Sims, seconded by Commissioner Cauley, the Court voted unanimously to approve payment of his travel expenses in the amount of $402.83 for the month of September 2000. ~J On motion by Commissioner Sims, seconded by Commissioner Thornton, the Court voted unanimously to appoint the following person as presiding judge for the current voting year at the following voting precinct: 43abc Gordon Pratt (R) Vol C Page 46~~ Commissioners' Court meeting October 17, 2000 4 The next matter before the Court was approval of a Contractual Agreement between Brazos County and the Brazos County Rape Crisis Center, Inc. The Center will provide services to victims of sexual assault and their families. The cost to Brazos County will be $13,000.00 annually. The term of the contract will be fiscal year 2000/2001. On motion by Commissioner Jones, seconded by Commissioner Sims, the Court voted unanimously to enter into contractual agreement with the Brazos County Rape Crisis Center, Inc. A copy of the contractual agreement is attached hereto. ' The next matter before the Court was approval of a i~ Contractual Agreement between Brazos County and the Office of the Attorney General of the State of Texas, Child Support Division for Child Support Disbursement via the State Case Registry. The term of the contract will be from October 17, 2000 and terminate on August 31, 2003. On motion by Commissioner Sims, seconded by Commissioner Thornton, the Court voted unanimously to enter into contractual agreement with the Office of the Attorney General of the State of Texas, Child Support Division. A copy of the contractual agreement is attached. The Court next considered a request from Constable Precinct 4, Duane Peters, to appoint Adam T. Muery as unpaid Reserve Deputy Constable. On motion by Commissioner Sims, seconded by Commissioner Thornton, the Court voted unanimously to approve the request from Constable Peters to appoint Adam T. Muery as unpaid Reserve Deputy Constable subject to i I , i ' r I appointment being within the allotted number of deputies. Al Vol Page i , 1 1 • • The Court proceeded to consider the following blanket Purchase Orders: Bobbit Medical Risk Management $ 500 Office Depot Risk Management $ 500 Scott & White Cl Risk Management $2,000 Kinko's County Clerk $1,000 On motion by Commissioner Thornton, seconded by Commissioner Sims, the Court voted unanimously to approve the Blanket Purchase Orders as submitted. The Court next considered the following requisitions for purchases through sealed competitive bids for the Road and Bridge Department: Bid Amount a) No. 2001-001 - Flexible Base $6,720,000 Colorado Materials Young Contractors Brazos Dozer Hanson Aggregates Glenn Fuqua b) No. 2001-002 - Aggregate $ 220,165 Young Contractors Hanson Aggregates Colorado Materials c) No. 2001-003 - Hot Mix Asphaltic Concrete $ 323,500 Young Contractors d) No. 2001-004 - Asphalt, Oil & Emulsions $ 404,885 Prime Materials Cleveland Asphalt Performance Grade e) No. 2001-007 - Culverts $ 100,000 Woodson Lumber Wilson Culverts Hanson Pipe CSR-Bay Concrete On motion by Commissioner Sims, seconded by Commissioner Thornton, the Court voted unanimously to approve the above listed requisitions for the Road and Bridge Department. The Court next considered approval of a requisition from the County Clerk Elections Fund for the following purchase: a) Printer for County Clerk, $1,093.00 On motion by Commissioner Sims, seconded by Commissioner 'Thornton, the Court voted unanimously to approve the requisition to be paid from County Clerk Elections Fund. Vol A Page 1457 Commissioners' Court meeting October 17, 2000 6 The Court next heard a presentation of the Quarterly Delinquent Tax Report by Shelbourne Veselka, a representative of McCreary, Veslka, Bragg & Allen P.C. Under announcement of interest items and possible future agenda topics the County Judge made the following comments: a) He will circulate a document from the County and District Attorneys' offices requesting Internet service in order for them to conduct legal research. Additional funds will be required to implement this program. b) The County Auditor has written a letter to former Justice of the Peace, Pct. 2, Ervin Cain. c) Someone asked if the Court was going to meet either before or the Tuesday after Thanksgiving. d) A Political Action Agency has been formed for the publication of information on the bond issue for Proposition #1. e) He has asked several department heads to work with him on the United Way Campaign. Commissioner Thornton made the following comment: a) He has met with members of the Bar Association and a representative from Blinn College to discuss the housing of the Law Library. There was no citizen input and/or concerns. There being no further business to come before the Court, the meeting was adjourned. Vol ;21 Page g + i The foregoing minutes of the Commissioners Court meeting held October 17. 2000 have been examined and are approved in • open Court this the -2-OAI&day of 2041 in Bryan, Brazos County, Texas. Alvin W. Jones Tony J s County Judge Commissioner, Precinct 1 Wm. S. Thornton Randy S' s Commissioner, Precinct 2 Commis inner, Precinct 3 • i Carey C ley, Jr. Commiss'oner, Prec n 4 /&r an McQueen County Clerk Vol .2/ page J15-9 ~.r....~ s ~~..~.~~~.•r~.r.~~w.r~-~.-.~ ~._.r - -_YrYr~/~^'tiur.~~ra.rr'.e.~s+~n~r car v~rv r.~ rr. BRAZOS COUNTY COMMISSIONERS COURT MEETINGON 200 Q AT 9,%Y7 ~~(L C)RC'.ANT7.ATTC)M/1lRAA1?TWAIPM r NAME C / T Bcsv s c~ v~ ~r J t~U W~.~.~ZYN- ~✓"ea.S V 0 k1o-1 rell ,OIL k atz, • J BRAZOS COUNTY, TEXAS BUDGET AMENDMENT(S) FOR THE 2000-2001 BUDGET YEAR NO. 00/01 - 2.4 On this the 17th day of October 2000 at a regular meeting of the Commissioners' Court, the following members were present: Alvin W. Jones, County Judge, Presiding Tony Jones, Commissioner, Precinct 1; Wm. S. Thornton, Commissioner, Precinct 2; Randy Sims, Commissioner, Precinct 3; Carey Cauley, Commissioner, Precinct 4; Mary Ann Ward, County Clerk. The following proceedings were held: THAT WHEREAS, on October 17, 2000 the Court heard and approved a budget amendment for the 2000-2001 budget year for Brazos County, Texas. WHEREAS, an expenditure is necessary due to the necessity to meet unusual and unforeseen conditions which could not be reasonably included in the original budget adopted September 9, 1999 the following amendment(s) to the original are hereby authorized, as described on the attached page(s). ADOPTED AND APPROVED this the 17th day of October 2000. THE COMMISSIONERS' COURT OF BRAZOS COUNTY, TEXAS. By: _ 6~~ - r-)ZI- - Alvin W. Jones, County Judge Original: County Clerk's Office and attached to the original budget Copies: County Auditor County Treasurer Commissioners' Court Minutes 0 go,- ~~21 _ -BRAZOS COUNTY, TEXAS -BUDGET AMENDMENTS No. 00/01-2.4 10/10/00 FD DIV ACCT PROD DR/CR- ACCOUNT NAME Increase Decrease 01 306001 672860 Dr. Minor Equipment Other 250.00 01 306001 606000 Cr. Office Supplies 250.00 01 306001 672860 Dr. Minor Equipment Other 255 00 01 306001 617500 Cr. Telephone - Cellular 255.00 Constable - Precinct 6 To reallocate budget to purchase a fax machine and cellular phones Prepared • y; , . 1 -pproved By:M i Date: r. ~x.•,.10/G/00, Date: , I ___111 4 i 1 ' 1 • PHIL SIKES JUSTICE PRECINCT, NO.6 COUNTY OF BRAZOS 100 ANDERSON SUITE 2 COLLEGE STATION, TEXAS 77840 (979) 694-7900 FAX (979) 694-7902 • • October 5, 2000 Margie Wedel Brazos County Auditor's Office Re: Budget Amendment Please move 5250.00 from account 306001-606000 to 306001-372860 for purchase of fax machine. Also move $255.00 from 306001-617500 to 306001-672860 for purchase of cellular phones. This will still leave an amount in our line items to cover the budget years-estimated cost of office supplies and monthly cellular cost. You, Phil Sikes Constable Pct. 6 Brazos County 2~_~~ ~G3 VC~L i BRAZOS COUNTY, TEXAS APPROVED BUDGET-MINOR ACQUISITIONS Items To Be Funded From The General Fund ClassiRestion 06700 For The Year Ending September 30 2001 Estimated Deparonew Description Unit Cost Quantity Total A" Constable Precinct 03 3030 No Request Total Constable Precinct 03 S - Constable Precinct 04 3040 Body Armor (Vests) 550 3 S Hand Held Radios 750 2 Total Constable Precinct N S 2,000 672860 Constable Precinct #5 3050 71 Executive Chairs 225 3 680 673420 Total Constable Precinct 05 S 680 Constable Precinct 06 3060 Fax Machine 250 1 S Cell Phones 85 4 Hand Held Radio 296 2 Hand Held Metal Detector 200 1 Total Constable Precinct A6 S 800 672860 Juvenile Services 3100 Equipment - Telephone S 856 1 S Radios 5.620 20 Filing Cabinets 200 Desk Chair 200 Total Juvenile Services S 5,000 672870 Indigent Health Care Jl00 No Request Total Indigent Health Care S Emergent Management 1550 7771 Equipment - Other $ 500 672860 Total Emergency Management S S00 V~~~= f to/a/ao r Ir THE FOLLOWING DOCUMENT IS THE BEST IMAGE POSSIBLE DUE TO THE POOR QUALITY OF THE ORIGINAL , DI !'f 11181 1 •I EtIA I NID• ',TAI I;', .1 cl- II ON iI IF1.Ir1A1 r•splel-lr turnl-'01' Jnd e•Plt'.1gr 106001' UND - 01 - GENERAL rUtq) DIVISION 306001 - CrgISTACLE PRECINrl 6 UNCTION 300 - LAY 1711ORCEr1ENT F.PARTIIENT - 3060 - CONSTABLE - PAFC]NCr 6 f•rA100 FHCUrt.kANLFS YEAR 10 Drill CCOUrIi TITLE - • - - BUDGET EXPEND1 rURE5 UUTSIANDING EtIC r CAF' 11000 SALARY ELECTED OFFICIAL 37,000 00 00 00 00 16100 FIOUR'LY STAFF 19,17- 00 On 00 .00 16150 IIOLINL'r LAW CNFOF• UMNI 63.800 0.1 .00 00 .00 111100 I.0141;FVITN PAY 1.440 00 .00 00 .00 1020 Mf.Rll fAY 1,770.00 .00 .00 .00 4 OTAL SALARY AND WAGES g 1239485.00 .00 .00 .00 11000 lo Inl SFCIIkIIY , 9,140 00 00 no 00 %i 1.00 1LMr,.Lrlf s ILcUO CU CIO 00 .00 130011 i 1PIYII'1[f HEM III INSURAIU.1 1.`•.16000 00 f..) 00 60 "JOGO 4Ukkfk'S Llgalrrn11utl I.V'k) OO 00 ao OO . 00 )TAI BENIFITS 39.330 00 .00 . ITAI 'ORk AND RFNFF I T- 162.61 +10 00 00 00 !0!•Uu f n1;:1NU/LINIIIIhTIS 900.OU .00 00 00 00 00 )1 ,00 l'Uf'I[R:`I'kltlrLk SUPPLIES 50 00 .00 . . 00 )3200 1ARMS READINESS 300 00 .00 00 00 0 200 0 200.00 16000 ICC SUPPLIES 1.200.00 . . 00 0600 )S 400 00 .00 00 00 1100 M.N(:L N SEM1141IN IUCS 300 00 00 00 00 2UCu 4100 LLL,INEOUS E%P01) loo 00 1-0 GO 00 66.00 . C10 66 07 4600 AUKS 160 00 . 00 .00 O 00 00 7300 FLLPHOUE . LUNG DISTANCE 150 00 00 0 n 00 7400 r'ffnNF 1.-00 00 .00 00 00 .".UO II11Nr I I': LIP MF 1.-00 OU 00 r 0 I 00 Fl,)r, 1.890+ Gv . O 00 ; 00 G0 ;IJOu IIIF. 1.;00. L0 0 00 66 00 200 00 266 00 L1! TM[NTAL '.JIFP*I 10,01 1; AO run;Fr9.rIT r^AMn•nul+rt 110 00 3 n0 in nn S•ni, GA"lglhq '•r"' 00 ;•G0 vlII!IIr MAfN.FIIII: Pi .10 G I '.4 ,.(Ilil.:, HIIII iSiUlllta.ldl 7.0.w OG 2660 LOuIMFNT - OTHER P,OO Vp 00 00 n0 110 IN mirlOk nFoUl":111UIr; O0) nD co I I '.1 .1dII I u,111L .I 1711.: I. u 0 O 0 u 00 .,.OU I.Lwa, OfFILL LFIICI 0 U U UL G•uU 00 eo 00 IIIL 111rucAlrs•-Fretc[s 7.41 00 I,:I • I .'1„r..1 nm1 I F•u1,1 r ; .,4a n 1 00 n; C,1, I, 1 '1Y 1, "I ~ P ;111 : InI .no 11 I I.I nn I;,u.• . °t ur n,1 111 ;:s +r AIJAILA(A.L YIU/ BALANCE LUD 37,080 00 00 19,375.00 00 61.800 00 .00 1,440 00 00 1,790.00 .00 123,485 00 .00 9,340.00 00 13.280 00 OC 15,360 00 GO 1..150 00 .00 39,330 00 00 162.815 00 .00 900 00 00 50.00 Ou 300.00 .00 1,000.00 17 400.00 .00 300 00 00 100 00 00 84.00 .44 160 00 On 150.00 .00 1.500 00 00 1,500.00 00 1.800 00 00 1.500.00 .00 9,744.00 .03 300.00 00 3,100 00 )U 7.UOO 00 J2 800.00 00 81710.00 00 1.440.00 ,in 6.000.00 .0O 7.440 00 00 7.440 0-1 VI; 1 i i 1 I 4 r I 1 I i I I i! I I 1 I I • I I E:•ILIIDJIUni.:,lAlUS CLH TION rlrll:Rini rrplel.ai.rur0• ''I ud e•I.!dbgr.key nn7r,•'106001' UND • Ol - f•ENERAL FLRID DIVISION - 706001 - CONSTABLE - PRECINCT 6 UNCTIOII - 700 • LAY ENFORCEMENT 'EPARIMENT - ;060 COJUSTASLE - PRECIN:T 6 f'E61UD ENCU BRANCES YEAk FO DATE •CCUUNT TITLE L'UDGEI EXPLNOITURES OUTSR'MML LNC # EXP OTAL LAW ENFORCEMENT 188,065.00 66 00 200.00 266.00 1111.1 GI'NCRAL FUND 188,065 00 66 00 200 00 266.00 I OTAL REPORT 188,065.00 66.00 100.00 266.00 I I 0 1 18i 18i 187 • • r BRAZOS COUNTY, TEXAS BUDGET AMENDMENT(S) FOR THE 2000-2001 BUDGET YEAR NO. 00/01 - 3.1 through 3.3 On this the 17th day of October 2000 at a regular meeting of the Commissioners' Court, the following members were present: Alvin W. Jones, County Judge, Presiding Tony Jones, Commissioner, Precinct 1; Wm. S. Thornton, Commissioner, Precinct 2; Randy Sims, Commissioner, Precinct 3; Carey Cauley, Commissioner, Precinct 4; Mary Ann Ward, County Clerk. The following proceedings were held: THAT WHEREAS, on October 17, 2000 the Court heard and approved a budget amendment for the 2000-2001 budget year for Brazos County, Texas. WHEREAS, an expenditure is necessary due to the necessity to meet unusual and unforeseen conditions which could not be reasonably included in the original budget adopted September 9, 1999 the following amendment(s) to the original are hereby authorized, as described on the attached page(s). ADOPTED AND APPROVED this the 17th day of October 2000. THE COMMISSIONERS' COURT OF BRAZOS COUNTY, TEXAS. By: Alvin W. Jones, County Judge Original: County Clerk's Office and attached to the original budget Copies: County Auditor County Treasurer Commissioners' Court Minutes AL % I i - - - - BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS - - - - - - - - - - - - - - - - - - - - - - No. 00/01-3.1 - - - - - 10/17/00 FD DIV ACCT PROD DR/CR ACCOUNT NAME Increase Decrease 49 6309 802830 630198 Dr. Jail Equipment 9,075.00 49 6309 613240 630198 Dr. Minor Equipment 190.00 49 6309 807150 Cr. Roads - Capital 9,265.00 Certificate of Obligation Series 1998 Capital Roads Fund To setup a line item to account for jail equipment which was ordered by th e MSJ Expansion project that was not received before the fiscal year ending September 30, 2000. Therefore, the expenditure has to be accounted for to the current year. It was assumed that the MSJ Expansion project was completed and that fund was deleted. All C.O. funds were budgeted in one fund (49) for the fiscal year endin g September 30, 2000 The C.O money can still be spent for an ything that was designated to t he original issue regardless of the fund number. 'rukwr - - - ~pproved, • - - - Date: 1012/20001 ate: ~t • • ti Memorandum To: Margie Wedel, Assistant County Auditor From: Wayne Dicky, Jail Administrator a Date: 10/11/00 , Re: Budget Amendment Request Let this serve as a budget amendment request for the MSJ (Detention Center) expansion. Please move $9,075.00 into the capital equipment account of divisionHund number 6309. Also, please move $190.00 into the minor equipment account of the same divisionHuund. Thank you for your assistance. 1 BRAZOS COUNTY, TEXAS - - - - - BUDGET AMENDMENTS - - - - No. 00/01-3.2 10/17/00 FD DIV ACCT PROD DR/CR ACCOUNT NAME Increase Decrease 20 210050 518200 Dr. Merit Allowance 187.00 20 210050 614500 Cr. Miscellaneous 187.00 County Clerk Records Management Fund To reclassify funds to allow a merit increase in salary for the full time employee for this department. ~pproved,By: ~ Date: - - 1012/2000L [Date:. L • ~1 • MARY ANN WARD COUNTY CLERK BRAZOS COUNTY BRYAN, TEXAS 77801 OCTOBER 6. 2000 TO: HONORABLE JUDGE AL JONES AND BRAZOS COUNTY COMMISSIONERS FROM: MARY ANN WARD COUNTY CLERK RE: POSITION / DEPT: 210050 EMP. NO. 3662 (COUNTY CLERK RECORD PRESERVATION AND AUTOMATION FUND) THIS REQUEST CONCERNS A MERIT INCREASE FOR THIS POSITION. AT THE PRESENT. THERE IS ;263.,WIN THE NlqLIT LINE ITEM. $187.00 IS NEEDED TO MAKE A TOTAL OF $450.00 IN ORDER TO COMPENSATE THE AMOUNT NEEDED FOR A STEP INCREASE. I REQUEST THAT $187.00 BE MOVED FROM LINE ITEM / ACCOUNT 614500. FOND 20 TO THE MERIT LINE ITEM OF DEPT: 210050 FOR THIS REQUESTED INCREASE. STEP 9.3 TO 9.4 9 BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS - - - - - N_o. 00/01-3.3 - - - - - 10/17/00 FD DIV ACCT PROD DR/CR ACCOUNT NAME Increase Decrease 01 210020 806700 Dr. Printers 1,100.00 County Clerk Elections Department 01 210001 676700 Cr. Printers 800,00 01 210001 673420 Cr. Furniture 300,00 County Clerk Administration To reallocate funds between County Clerk de partments to allow the purchase of a fast-speed printer to be used for the elections. Prcpared'B}: mk ;Approved -6y` -!qt Date: 1012/20M ?Date: r VY ~ e • BRAZOS COUNTY BRYAN, TEXAS 77801 TO: MARGIE WEDEL, ASSISTANT COUNTY AUDITOR FROM: NARY ANN WARD eat'a! COUNTY CLERK K PLEASE MOVE $1,100.00 FROM DIVISION 210001 . $800.00 FROM ACCOUNT 676700 AND'$300.00 FROM ACCOUNT 673420 TO DIVISION 210020 (ELECTION FUND), ACCOUNT 806700. WE ORIGINALLY ASKED FOR $800.00 FOR THE PURCHASE OF A FAST-SPEED PRINTER, HOWEVER IT IS GOING TO COST APPROXIMATELY $1100.00. THE MONEY FOR THIS PRINTER WAS ORIGINALLY PLACED IN MINOR EQUIPMENT. BUT SHOULD COME FROM THE ELECTION FUND. THANK YOU. MARY ANN WARD COUNTY CLERK Ll 713 r ' PERSONNEL CHANGE OF STATUS page I of 2 COURT DATE: October 17, 2000 DEPARTMENT: Personnel PURPOSE: Approve Personnel Change of Status 4###4444444#Mr+Ritiit4t444444#4444t444t444t4##44444i4444t#t4iii44##44i4t4t44t444#4###♦ DEPARTMENT NAME EMPLOYEE NAME ACTION REQUESTED ####44#44#4Mrft4ittit44t#t4ii4i4t4444444#4##44#i4#444#44444#441444#4t#4#44##t##4#####• BUILDING MAINTENANCE REYES, ROSE MARY MERIT INCREASE COUNTY ATTORNEY VASQUEZ, JESSICA MERIT INCREASE COUNTY COURT OF LAW 02 MUNOZ, TOMMY MERIT INCREASE ROSE, SHARON MERIT INCREASE WENDT. KRISTIE MERIT INCREASE DISTRICT ATTORNEY'S OFFICE TEMPORARY CLERK POSITION TO BE T DELETED r p~ppp SUSTAYTA, KATHRYN MOVED INTO F/T PO TI SI ON PURCHASING HOWARD, PAT M. NEW HIRE - F/T ROAD AND BRIDGE ARREDONDO, GUADALUPE ALL MERIT INCREASES BASS, ANTHONY W. CHAMBERS, EVANS COTRONE, JERRY CROW, RAY CUNNINGHAM, DAVID CURTIS, ALFRED GARCIA, ALBERT GLOVER. ZEAK GUTIERREZ, JESSIE J. HANKS, ROBEY HARRIS, EUGENE O. HERNANDEZ, JESSIE J JOHNSON,BOBBY JONES, JON KUDER, BILEY D MARION, BETTY J. MENDEZ, BENITO MENDEZ, DAVID R. MUEGGE, LINDA MUNOZ, JOE NICHOLS, FRANKIE E. PATRENELLA, MARCUS REYNA,PEDRO SIMONS, CHRISTOPHER TYLER, KAREN E. WHITE, KENNETH E. WIDNER, RICKEY D WILHELM, WAYNE WILLIAMS. MARY ZALMANEK, CHARLES F. 2,1 J6 47 r r < a .w . ~Y.-~ Li..~..`. u. .G.. ~ 4-r ..~_v.af._L-v.l .1 .-.f . -.Y ~ ~ - I 4 • C7 0 p K, • ti. PERSONNEL CHANGE OF STATUS page 2 of 2 COURT DATE: October 17, 2000 DEPARTMENT: Personnel PURPOSE: Approve Personnel Change of Status ####iiiii#i##i##i##iiii#4tiiiiii#ii#ii#tt#titt#iii4iiiitiiit##4#######ittti#tttwtttt DEPARTMENT NAME EMPLOYEE NAME ACTION REQUESTED iii###ii4iii#4iiiii44iiiiii4444iiiiitttttttttt#t#ii4i44444ii tiiii4iiii#tiitt#4ttttst SHERIFF'S OFFICE - JAIL BLANCO, DANIEL ALL MERIT INCREASES CARTER, CAROL CHAMBERS, CARL COTTEY, LARRY DICKY, WAYNE DISERENS, SARAH GARNER, LINDA GUERRERO. MARIANNA JENKINS. REGINALD JONES, CHARLES E. JONES, CYNTHIA LABANI, KATHY LYDAY, JAYSON MANNING, BRENDA MELASKY, MELISSA MENEFEE, DANIEL MITCHELL, DELLA PILLOW, DEBRA ROBERTSON, MARY ANN ROGERS,EDNA SHUMAKER, ROBERT SLEDGE, CHRISTOPHER TOLLIVER, MACK WARD, BERTHA WEST, NE7ZIE WHITE, CAREY WILDER, JASON WILLIAMS, HENRY Approved in Commissioners' Court: October 17, 2000 County Judge's or Commissioner's Signature: (This copy to be attached to minutes) CONTRACT THIS CONTRACT IS ENTERED INTO BY AND BETWEEN 13RAZOS COUNTY, TEXAS, acting by and through its duly elected County Commissioners (hereinafter "County"), and the BRAZOS COUNTY RAPE CRISIS CENTER, INC. (hereinafter "Provider"), located in Bryan, Texas RECITALS WHEREAS, the County has the objective of providing support services to the victims of sexual assault, and WHEREAS, the Provider shares this common goal with the County; and WHEREAS, the Cou-ity desires to assist the Provider in providing support services to victims of sexual assault through funds provided by the County NOW THEREFORE. the parties above stated agree to the following terms and conditions to provide such support services TERM This contract shall continue in force and effect for a term of twelve (12) months commencing on the 1" day of October, 2000, and terminating 301e day of September, 2001 I I CANCELLATION This contract may be canceled by any parties hereto upon sixty (60) days written notice as provided herein SERVICES TO BE PERFORMED BY PROVIDER The Provider will provide services to victims of sexual assault and their families These services will include. a 24-hour hotline and 24-hour escort service, one-to-one counseling- group counseling, community awareness programs, Speaker's Bureau, training and supervision of volunteers, training for law enforcement agency personnel, the medical community, clergy, staff of the District Attorney's office and psychologists USE OF COUNTY FUNDS Funds to be furnished to Provider as stated herein below shall be used to pay operational 1 expenses of the Provider, including rent, telephone expenses, and office supplies, as described in Exhibit A - Budget, attached hereto and made a part hereof for all purposes 7L s 1 • COUNTY'S LIABILITY FOR PAYMENT The County agrees to reimburse the Provider a maximum amount of money totaling $13,000 for the term of this Contract This sum shall be paid upon the following date and in the following amount: October 31, 2000 $13,000.00 RESPONSIBILITIES OF PROVIDER • Provider will be responsible for providing the following services pursuant to this Contract 1. Maintaining this Contract, 2 Providing of the Provider's Services, 3 Maintaining data files on client's and the Services provided thereto; 4. Respond to all and any mquines by the County regarding the Center and its Services; 5 Assist the County with information needed for audit purposes, 6. Provide the County with quarterly financial statements, 7. Provide the County with any and all certified audits of Provider and the management letter prepared in connection therewith, 8. Provide the Court %vith statistics evidencing the number of Brazos County residents using the Provider's Services and the percentage Brazos County residents comprise of the total population using Provider's Services. RESPONSIBILITY OF COUNTY The County shall be responsible for the following duties and requirements: 1. Provide County funds for the payment of the consideration stated herein. 2 Conduct a review of the Provider's performance in providing the Services to be provided hereunder in order to assess County's continued participation in the funding of the Provider. • RECORD RETENTION The Provider shall be responsible for record keeping on all Services provided to those individuals using its services and all financial records of the Center. The Provider agrees to maintain and make available for inspection by the County upon request consistent with personal privacy and subject to the limitation of state law, any and all records the County determines, in its sole discretion, to be necessary for the Court to justify its continued participation in supporting the Provider with funding Such records shall be retained for at least four (4) years from the date the service was provided. These records shall be made available for inspection and audit by the County, if it so desires. DISCRIMINATION The Provider shall not discriminate against any employee or applicant for employment because of race, color, sex, or national origin The Provider shall take affirmative action to ensure that applicants who are employed are treated during employment, without regard to their race, color, religion, sex, or national origin Such action shall include, but not limited to, the following employment, upgrading, demotion, or transfer, recruitment or recruitment advertising, layoff or termination, rate of pay or other forms of compensation, and selection for training, including apprenticeship The Provider agrees to post in conspicuous places, available to employees and applicants for employment, notices setting forth the provisions of this nondiscrimination clause INDEMNITY The parties hereto agree to indemnity one another for and hold one another harmless from and against all suits, clams, demands. liabilities or actions resulting or alleged to result from the breach, violation or non-performance of the services stated herein and for any damage to any person resulting from any action or omission or negligence on the part of each party hereto INSURANCE The parties hereto agree that the Provider shall be an independent contractor and not any employee or agent of the County and that each shall maintain at its own expense, adequate liability insurance to insure against damages and liabilities which may arse due to the duties and obligations contracted for herein. 1. -PAR&,J0 e r COUNTY INVOLVEMENT • The County and Provider state that to the best of their knowledge, no officer, agent or employee of the County who exercises any function or responsibility in connection with the carrying out of this Contract or the services to which it relates has personal interest direct or indirect, in this Contract GOVERNING LAW This Agreement shall be executed in and shall be governed by the laws of the State of Texas. NOTICES -9 All notices required to be given hereunder shall be deemed to be duly given by delivering such nonce or by mailing it, registered mad to the other party at the following addresses: Brazos County Rape Crisis Center, Inc. P O Box 3082 Bryan, Texas 77805 Brazos County c/o Commissioners Court Brazos County Courthouse 300 East 26'" Street, Suite 114 Bryan, Texas 77803 FURTHER ASSURANCE Each party hereto agrees to perform any further acts and to execute and deliver any further documents which may be necessary to carry out the provisions of this Agreement. SEVERABILITY In the event that any of the provisions or portions thereof, of this Agreement, are held to be unenforceable or invalid by any court of competent jurisdiction, the validity and enforceability of the remaining provisions or portions thereof shall not be affected thereby. ENTIRE AGREEMENT This Agreement contains the entire understanding between the parties hereto concerning the subject matter contained herein There are no representations, agreements, arrangements, or understanding, oral or written, between or among the parties hereto, relating to the subject matter of the Agreements, which are not fully expressed herein. is 79 ASSIGNABILITY Provider shall have the right to assign this Contract and any of its rights hereunder to a wholly owned subsidiary or to a corporation with which it may be merged without prior written consent of the County, otherwise, this Contract is not assignable by the Provider without the prior written consent of the County DATED this l7 day of _9Xs,2dAW-1 2000. Brazos County By' r4&.-.e AL N W. JONE. udge Brazos County Rape Crisis Center, Inc By n f, M ANN CO Y, President-Elect TTEST: IN A K. CA RIX Executive b i • • BRAZOS COUNTY RAPE CRISIS CENTER, INC. PROPOSED 2001 BUDGET 1011100 EXPENSES Personal Salaries $120250 Payroll Taxes 9,200 Health Insurance 19,800 Retirement 4,463 Advertising 1,600 Auto Mileage-Employment 3,000 Community Education 1,300 Conference 10,000 Copying 800 Dues/Fees 600 Insurance 1,700 Library 500 Miscellaneous/Care Packages/Fumiture 5,000 Office Equipment 8,000 Office Expenses/Supplies 6,000 Pagers 200 Postage 1,600 Printing 600 Professional Fees 3,000 Professional Services 13,000 Rent-5 year lease until Aug 2000 38,000 Repair/Maintenance 3,000 Telephone/1-800/IntemeYeell phones/long distance 12,000 Volunteer Training 600 TOTALS: $264.213 EXHIBIT A a 3- a avUVA 4VIV 1V1a1 V i WIIIIIII P.O. Box 2208 Bryan, Texas 77806 Re: Agreement between the Office of the Attorney General and Brazos County Dear District Clerk: Enclosed please find your original executed Uniform, I.D. LCS, and SCR Agreement. If you should have any further questions regarding the above Agreement please feel free to contact me at (512) 460-6379. Please send written correspondence to my attention at the address listed below: Office of the Attorney General Child Support Division, Mail Code 058-3 P.O. Box 12017 Austin, Texas 78711-2017 Government Contracts a 1 • COOPERATIVE AGREEMENT BETWEEN THE OFFICE OF THE ATTORNEY GENERAL OF THE STATE OF TEXAS AND BRAZOS COUNTY, TEXAS CONTRACT NO. 01-02579 1 INTRODUCTION & PURPOSE This document encompasses local disbursement of non-IV-D wage withheld child support remitted to the Texas Child Support State Disbursement Unit (SDU) ("Local Disbursement"), local handling of inquiries on (including any necessary research) and receiving information about non-IV-D child support cases where child support payments are remitted to the SDU ("Local Customer Service"), and furnishing non-IV-D court order information relating to Suits Affecting the Parent-Child Relationship for use in the State and Federal Case Registries ("State Case Registry"). A County may contract to provide State Case Registry services only. However a County contracting to provide Local Disbursement must also contract to provide Local Customer Service and State Case Registry, and a County contracting to provide Local Customer Service must also contract to provide State Case Registry. Brazos County ("County") is contracting with the Office of the Attorney General ("OAG') to furnish non-IV-D court order information relating to Suits Affecting the Parent-Child Relationship for use in the State and Federal Case Registries. This Contract is entered into under the authority of Texas Family Code Section 231.002. 2 CONTRACT PERIOD This Contract shall commence on December 1, 2000, and shall terminate on August 31, 2003, unless terminated earlier by provisions of this Contract. • Uniram I.D. r.CS. SCR I&uw Page 1 of 28 9'3 f 3 LOCAL DISBURSEMENT 3.1 County Responsibilities 3. 1.1 Accessing STRADUS and TXCSES 3.1.1.1 Work with the SDU Vendor and the OAG to acquire the necessary hardware and software to access the STRADUS web server and TXCSES. The STRADUS web server is the designated SDU Vendor database to house data files. TXCSES is the OAG database to house the Title IV-D case and payment related files. County will work with the SDU Vendor and the OAG to obtain the database access required. County is responsible for connecting the hardware to its own county network. 3.1.1.2 County must make necessary programming changes to its own automated child support system to accomplish the local disbursement activities in this contract. If the County employs a Vendor for maintenance and changes to its automated child support system. County must coordinate efforts between the County Vendor and the SDU Vendor. 3.1.1.3 County is responsible for all the necessary phone lines. For those counties that do not have intemet access, the OAG will ensure that the SDU Vendor establishes intemet service. However, if the County is not covered by a local Internet Service Provider local telephone coverage area, then the County is responsible for any wiavoidable long distance telephone charges that occur. 3.1.2 Loss of Funds and Unfunded Disbursements County is responsible for all funds transferred to County from the SDU, whether such funds are lost, destroyed or taken, or misdirected by County through an Electronic Funds Transfer or direct deposit transactions. County is also responsible for any fees and/or penalties assessed by the County's financial institution and any unfunded disbursements due to County error. For the purpose of this subsection, unfunded disbursement means a disbursement: 3.1.2.1 that cannot be linked to a payment received. 3.1.2.2 where the payment that the disbursement is linked to was not intended for the entity to whom the disbursement was made. Uniform I.D. LCS. SCR 1Q23= Page 2 of 28 14 1 a • 3.1.2.3 where the amount of money disbursed, in one disbursement (overpayment) or multiple disbursements (duplicate payments), was greater than the amount of the payment on which it was based. 3.1.3 Not-Disbursed, Returned and/or Uncashed Disbursements County is responsible for complying with Chapters 72 through 75 and Chapter 76 of the Texas Property Code and the Unclaimed Property procedures published by the Texas Comptroller of Public Accounts. County must also provide OAG with all necessary information to fulfill OAG's responsibilities to the federal Office of Child Support Enforcement in the completion of OCSE Form 34 relating to not-disbursed, returned and/or uncashed disbursements. The OAG Contract Manager will provide the County with the requirements during the term of the Contract. 3.1.4 Daily Recording 3.1.4.1 County shall follow the Texas Child Support State Disbursement Unit procedures for reporting and transmitting case and payment information and payment status on all relevant non-IV-D disbursements. • 3.1.4.2 County shall record on its automated system all data required to support the local disbursement activities contemplated by this agreement. 3.1.4.3 County shall develop and establish its own format for recording on the County's automated system. • 3.1.4.4 County shall record and disburse all identifiable and deliverable non- IV-D child support payments on the first County work day that the SDU local disbursement file is available to the County; provided that the file was available by 10:00 a.m. that day. lfthe local disbursement file was not available by 10:00 a.m., the County shall record and disburse the payments no later than the next County work day. 3.1.4.5 County shall not allow any person who, as a part of his or her employment, receives, disburses, handles, or has access to funds collected pursuant to this contract, to participate in accounting or operating functions that would permit him or her to conceal in the accounting records the misuse of said funds. Upon request, County shall provide a copy of County's organizational structure to confirm appropriate separation of duties. unifaam I.D. us, SCR I a = Page 3 of 28 3.1.4.6 County shall track all of the payments received in the SDU local disbursement file. County shall attempt to obtain new addresses and maintain them for any undeliverable payments contained in the file. New addresses shall be entered on STRADUS. Payments for which a new address cannot be obtained within five (5) County work days shall be handled in accordance with Chapters 72 through 75 and Chapter 76 of the Texas Property Code and the Unclaimed Property procedures published by the Texas Comptroller of Public Accounts. 3.1.4.7 County shall employ procedures to research and resolve unidentified items, i.e., items that cannot be identified to a case, as well as instances of payment files not matching funds received. 3.1.4.8 County shall employ procedures to ensure security of funds. Upon request, County shall provide to OAG a copy of the security procedures. 3.1.4.9 County shall work with the OAG to develop processes and procedures for resolving payment related inquiries between the County, the OAG, and the SDU Vendor where necessary. i 3.1.4.f0 County employees handling disbursements shall be bonded. 3.1.4.11 County shall generate a daily check register which shall list the individual accounts and amounts in which non-IV-D payments were applied. The total number of non-IV-D payments disbursed and the total dollar amount shall also be reflected on the register. 3.1.5 Deposit Procedures 3.1.5.1 County shall maintain an account with a financial institution that has the ability to receive electronic funds transfers (EFT). 3.1.5.2 County shall be responsible for ensuring that a process is in place with its financial institution that allows the County to daily reconcile the funds received with the disbursement file the County receives. The OAG must be notified immediately after the County determines that it did not receive funds equal to the amount contained in the disbursement file. In no event shall notification to the OAG of a discrepancy between funds received and the disbursement file exceed three (3) County work days. ueiram t.D. ics. SCR tWIM Page 4 of 28 C)l i .-L.e-M_.-'.-1 .A,_w•, x o- J. 3.1.6 Electronic Transmittal Procedures 3.1.6.1 The files that County will be receiving and transmitting are listed below. The County will be provided the computer file specifications and format to enable the County to process from or provide this information in the manner required by the STRADUS server. If these specifications change during the term of the contract, replacement specifications will be forwarded to the County. The County shall be responsible for implementing the changes to the electronic file specifications when and as required for the STRADUS server processing. 3.1.6.1.1 IV-D and Non-IV-D Collections 3.1.6.1.2 Non-IV-D Disbursement Data 3.1.6.1.3 Non-IV-D Disbursements, For 38 Waived Counties 3.1.6.1.4 IV-D and Non-IV-D Collection Adjustments 3.1.6.1.5 Non-IV-D Disbursement Advice 3.1.6.1.6 Non-IV-D Check Status 3.1.6.1.7 Non-IV-D Case Data from Local Registries 3.1.6.2 County shall generate the non-IV-D disbursements and, if desired, record the IV-D payments on its automated system. C7 3.1.6.3 County shall produce an electronic file of payments disbursed, including check number, and transmit the file daily to the STRADUS file server. 3.1.6.4 County shall track payments disbursed and record the status of each in a non-IV-D Check Status File. Status as used in this subsection means: cashed, cancelled, re-issued, voided, stop payment, or unidentified or undeliverable. 3.1.6.5 In the event of a failed transmission or if an unprocessable electronic file is produced, County shall correct the problem and retransmit within one (1) working day of the failed transmission or production of an unprocessable file. 3.1.6.6 County shall maintain back-up electronic files according to the retention requirements established by the Texas State Library in the event that a file needs to be re-transmitted. undorm I.D. L CS. sere IM M Page 5 of 28 3.2 OAG Responsibilities 3.2.1 Access to STRADUS and TXCSES OAG will work with the SDU Vendor and County to make sure the County obtains the necessary hardware and software. For those counties that do not have intemet access, the OAG will ensure that the SDU Vendor establishes intemet service. However, if the County is not covered by a local Internet Service Provider local telephone coverage area, then the County is responsible for any unavoidable long distance telephone charges that occur. 3.2.2 Reimbursement I 3.2.2.1 OAG shall monitor the non-IV-D Disbursement Advice Files forwarded from the County to STRADUS and summarize for monthly reimbursement amounts. The summary will include capturing information on reissued payments for inclusion in the reimbursement amounts. 3.2.2.2 OAG shall forward a Summary and Reimbursement Voucher to the County for review and approval. 3.2.2.3 If the County approves the Summary and Reimbursement Voucher, the County signs the voucher and returns it to OAG for payment within ten (10) County work days. County's signature constitutes approval of the voucher and certification that all services provided during the period covered by the voucher are included on the voucher. The OAG shall reimburse the County in the amount of One Dollar and 34/100 Dollars (51.34) per disbursement. The OAG shall process the invoice for payment in accordance with the state procedures for issuing state payments and the Texas Prompt Payment Act. County shall submit the invoice to: Contract Manager for Local Disbursement, Local Customer Service and State Case Registry Mail Code: 062 Office of the Attorney General P.O. Box 12017 Austin, Texas 78711-2017 3.2.2.4 If County does not approve the Summary and Reimbursement Voucher, it shall return the voucher to the OAG within ten (10) County working days of receipt, detailing the basis of any disputed item along with supporting documentation. The OAG shall review the Undom tD. LO. SCR I0aM Page 6 of 28 i _ ae.,. ~ .....tee- w.....~~..:.G a u .a a.. _.J.yl•" t~ ~..1 , _ . k r , • returned voucher. If the dispute is resolved in the County's favor, the OAG shall make payment as set forth in the immediately preceding subsection. If the dispute is not resolved in the County's favor, the OAG shall make payment in accordance with the voucher originally sent to the County and forward a letter of explanation to the County. 3.2.2.5 Any funds shortage revealed by the County's daily reconciliation of funds received by the County's financial institution with the disbursement file received by the County from the SDU Vendor will be made up by the OAG; provided that the shortage was due to SDU Vendor, OAG, or Texas State Treasury error and the shortage was reported to the OAG in accordance with the requirements of the Deposit Procedures Section above. The OAG will also reimburse the County for County payment of any fees/and or penalties assessed by the County's financial institution due to such shortage. Any funds shortage make up and reimbursement for fees/and or penalties will be made to the County within two (2) OAG work days after OAG determination that County is due same. In no event will such determination exceed two (2) OAG work days. 3.2.3 Limitation of OAG Liability • 3.2.3.1 The OAG shall be liable only for contract -associated costs incurred after commencement of this Contract and before termination of this Contract. 3.2.3.2 The OAG may decline to reimburse any Allowable Costs, which are submitted for reimbursement more than sixty (60) calendar days after the State Fiscal Year calendar quarter in which such costs are incurred. 3.2.3.3 County shall refund to the OAG within thirty (30) calendar days any sum of money which has been paid to County which the OAG and County agree has resulted in an overpayment to County, provided that such sums may be offset and deducted from any amount owing but unpaid to County. 3.2.3.4 The OAG shall not be liable to reimburse the County if the County fails to comply with the Daily Recording, Deposit Procedures, and/or Electronic Transmittal Procedures Sections above in accordance with the requirements of those sections. • Uniform LD. WS. SCR 10/23/00 Page 7 of 28 ~ - ~a i 3 LEW . 4 LOCAL CUSTOMER SERVICE 4.1 County Responsibilities 4.1.1 Accessing STRADUS and TXCSES 4.1.1.1 Work with the SDU Vendor and the OAG to acquire the necessary hardware and software to access the STRADUS web server and TXCSES. The STRADUS web server is the designated SDU Vendor database to house data files. TXCSES is the OAG database to house the Title IV-D case and payment related files. County will work with the SDU Vendor and the OAG to obtain the database access required. County is responsible for connecting the hardware to its own County network. 4.1.1.2 County must make necessary programming changes to its own automated child support system to accomplish the local customer service activities in this contract. If the County employs a Vendor for maintenance and changes to its automated child support system, County must coordinate efforts between the County Vendor and the SDU Vendor. 4.1.1.3' County is responsible for all the necessary phone lines. For those counties that do not have internet access the OAG will ensure that the SDU Vendor establishes internet service. However, if the County is not covered by a local Internet Service Provider local telephone coverage area, then the County is responsible for any unavoidable long distance telephone charges that occur. 4.1.2 County Customer Service Unit Resources and Services 4.1.2.1 County shall provide the resources necessary to accomplish the following services: 1) research non-IV-D payments that should have been, but were not received by the SDU; 2) research unidentified or undistributed collections; 3) handle inquiries on (including any necessary research) and receive information about non-IV-D child support cases where child support payments are remitted to the SDU. Resources (as used in this section) include, but are not limited to, personnel, office space, equipment, phones and incoming phone lines, and any County-specific IVR system. "Inquiries" as used in this section include but are not limited to, e-mail, letters, phone calls, facsimiles, or walk-ins. Uniform I.D. I.M. SCR IQQM Page 8 of 28 r t ~ 4.1.2.2 The number of County staff necessary for adequate handling of Customer Service Unit Activities shall be trained on SDU and TXCSES systems as mutually agreed to by the County and OAG. J 4.1.3. Customer Service Unit Activities 4.1.3.1 County shall track and provide documentation regarding the inquiries received. These activities shall be tracked using STRADUS (direct data entry or electronic file). All inquiries tracked shall include the name of the person handling the inquiry, the name of the person making the inquiry, OAG case number and/or court cause number, NCP name, CP name, date of inquiry, and customer service activity performed, e.g., updates, payments researched, unidentified payment, payment not received. 4.1.3.2 County shall enter updates on STRADUS for new information provided by CP, NCP, employer, etc. County shall follow agreed upon procedures when accepting changes to case information that will ensure data integrity, e.g., procedures to properly identify the caller. 4.1.3.3 County shall perform the Customer Service Unit services using the following guidelines: C Uniform ID. LCS. SCR I WIM 4.1.3.4 County shall work with the OAG to develop processes and procedures for forwarding inquiries between the County, the OAG, and the SDU Vendor where necessary, e.g., misdirected inquiries. The County and the OAG will also work to develop customer outreach information regarding the provision of customer service by the OAG, SDU Vendor and County. 4.1.3.5 County shall maintain a log of customer service complaint calls. The log shall identify the complainant, the nature of the customer service complaint, the name of the person taking the customer service complaint, action taken on the customer service complaint, OAG case number and/or court cause number, NCP name, CP name, and date 1 l 1 1 I Respond to written inquiries within five (5) County work days, take action on information received within three (3) County work days, document case record of action or information received at time of receipt, follow up to a telephone inquiry within three (3) County work days, return phone calls within three (3) County work days, see a customer the same day or schedule appointment within three (3) County work days of request. Page 9 of 28 4011 . % and time of the customer service complaint. County shal I provide the log to the OAG monthly. 4.1.3.6 County shall establish a quality assurance monitoring system that will provide to the OAG sufficient information for evaluating the local customer service performance. Quality assurance monitoring performed by the County shall be developed in cooperation with the OAG. 4.2 OAG Responsibilities 4.2.1 ' Access to STRADUS and TXCSES OAG will work with the SDU Vendor and County to make sure the County obtains the necessary hardware and software. For those counties that do not have internet access the OAG will ensure that the SDU Vendor establishes intemet service. However, if the County is not covered by a local Internet Service Provider local telephone coverage area, then the County is responsible for any unavoidable long distance telephone charges that occur. 4.2.2 Reimbursement 4.2.2.1 OAG shall monitor County STRADUS Local Customer Service activities (direct data entry or electronic file) and summarize for monthly reimbursement amounts. 4.2.2.2 OAG shall forward a Summary and Reimbursement Voucher to the County for review and approval. 4.2.2.3 If the County approves the Summary and Reimbursement Voucher, the County signs the voucher and returns it to OAG for payment within ten (10) County work days. County's signature constitutes approval of the voucher and certification that all services provided during the period covered by the voucher are included on the voucher. The OAG shall process the invoice for payment in accordance with the state procedures for issuing state payments and the Texas Prompt Payment Act. UAir«,A I.D. LCS. SCR 1041M Page 10 of 28 /I-- ~ • Contract Manager for Local Disbursement, Local Customer Service and State Case Registry Mail Code: 062 Office of the Attorney General P.O. Box 12017 Austin, Texas 78711-2017 • 4.2.2.5 If County does not approve the Summary and Reimbursement Voucher, it shall return the voucher to the OAG within ten (10) County work days of receipt, detailing the basis of any disputed item, and include supporting documentation. The OAG shall review the returned voucher. If the dispute is resolved in the County's favor the OAG shall make payment as set forth in the preceding subsection. If the dispute is not resolved in the County's favor, the OAG shall make payment in accordance with the voucher originally sent to the County and forward a letter of explanation to the County. 4.2.3 Limitation of OAG Liability 4.2.3.1 The OAG shall be liable only for contract associated costs incurred after commencement of this Contract and before termination of this Contract. County shall submit the invoice to: 4.2.2.4 The OAG shall be financially liable to the County for the federal share of the County's contract associated cost. Federal share means the portion of the County's contract associated cost that the federal Office of Child Support Enforcement reimburses the state as federal financial participation under Title IV-D; for purpose of reference only the federal share on the effective date of this contract is 66%. The County agrees that for the purposes of this contract all of the County's contract associated costs for any given calendar month is equal to the number of inquiries handled during the calendar month multiplied by a per inquiry fee of $2.995 per inquiry. Thus: (Calender Month Inquiries Handled) ($2.995) (Federal Share) = OAG Liability. For the purpose of this subsection inquiry means one incoming request for assistance (as described in the County Customer Service Unit Resources and Services section above) not the number of out-going calls or efforts needed to resolve the inquiry. 4.2.3.2 The OAG may decline to reimburse Allowable Costs which are submitted for reimbursement more than sixty (60) calendar days after the State Fiscal Year calendar quarter in which such costs are incurred. ~J Uniform LD, LCS, SCR 10!21100 ~i Page 11 of 28 a. 4.2.3.3 County shall refund to the OAG within thirty (30) calendar days any sum of money which has been paid to County which the OAG and County agree has resulted in an overpayment to County, provided that such sums may be offset and deducted from any amount owing but unpaid to County. 4.2.3.4 The OAG shall not be liable for reimbursing the County if the County fails to comply with the County Customer Service Unit Resources and Services and/or the Customer Service Unit Activities Sections above in accordance with the requirements of those sections. 5 STATE CASE REGISTRY 5.1 County Responsibilities 5.1.1 Accessing STRADUS and TXCSES 5.1.1.1 Work with the SDU Vendor and the OAG to acquire the necessary hardware and software to access the STRADUS web server and TXCSES. The STRADUS web server is the designated SDU Vendor database to house data files. TXCSES is the OAG database to house the Title IV-D case and payment related files. County will work with the SDU Vendor and the OAG to obtain the database access required. County is responsible for connecting the hardware to its own network 5.1.1.2 County must make necessary programming changes to its own automated child support system to accomplish the state case registry service activities in this contract. If the County employs a Vendor for maintenance and changes to its automated child support system, County must coordinate efforts between the County Vendor and the I SDU Vendor. 5.1.1.3 County is responsible for all the necessary phone lines. For those counties that do not have internet access, the OAG will ensure that the SDU Vendor establishes intemet service. However, if the County is not covered by a local Internet Service Provider local telephone coverage area, then the County is responsible for any unavoidable long distance telephone charges that occur. 5.2 State Case Registry Activities 5.2.1 County shall provide to STRADUS new and modified court orders entered after the effective date ofthe Contract for Non-IV-D court order information relating to Suits Affecting the Parent-Child Relationship. Uniform LD. LCS. SCR 10/23100 Page 12 of 28 Vol C;1 I . f.._, I' I~ i • . f.. 1 t ~ l 5.2.2 County shall use the original court ordered documents to obtain the relevant information for entry to the STRADUS system. 5.2.3 County must provide the following data elements: 5.2.3.1 participant type (dependent, custodial parent , non-custodial parent) 5.2.3.2 family violence indicator 5.2.3.3 name of each participant (last and first) 5.2.3.4 sex code for each participant 5.2.3.5 social security number and/or date of birth for each participant 5.2.3.6 cause number 5.2.3.7 cause county code 5.2.3.8 start date of cause 5.2.3.9 address lines 1, 2, and 3, City. State, Zip (custodial parent only) 5.2.4 Other data elements listed in the Lockheed Martin IMS Interface Control Document Number 21 may be provided at County option. A copy of the Interface Control Document will be provided upon County request. 5.2.5 County shall provide data elements information updates to the STRADUS system for non-IV-D court orders signed on or after October 1, 1998. u 5.2.6 County shall provide new order information within five (5) working days of entry. 5.2.7 County shall provide update order information within five (5) working days of receipt. 5.2.8 County shall provide new and updated order information via electronic file from the county automated system or perform the data entry directly onto STRADUS. The County will be provided the computer file specifications and format to enable the County to provide the electronic file information in the manner required by the STRADUS server. If these specifications change during the term of the contract, replacement specifications will be forwarded to the County. The County shall be responsible for implementing the changes to the electronic file specifications when and as required for STRADUS server processing. 5.2.9 In the event of a failed transmission, or if an unprocessable electronic file is produced, County shall correct the problem and retransmit within one (1) working day of the failed transmission or production of an unprocessable file. Uniform LA Ws. SCR 1Wn= Page 13 of 28 pqlv - -q 95-- J 5.3 OAG Responsibilities 5.2.10 County shall maintain back-up electronic files according to the retention requirements established by the Texas State Library in the event that a file needs to be retransmitted. 5.3.1 Access to STRADUS and TXCSES Uniraam LD. LCS. SCR IW310 5.3.2 Reimbursement 5.3.2.1 OAG shall monitor County STRADUS State Case Registry activities (direct data entry or electronic file) and summarize for monthly reimbursement amounts. 5.3.2.2 OAG shall forward a Summary and Reimbursement Voucher to the County for review and approval. 5.3.2.3 If the County approves the Summary and Reimbursement Voucher, i the County signs the voucher and returns it to OAG for payment within ten (10) County work days. County's signature constitutes approval of the voucher and certification that all services provided during the period covered by the voucher are included on the voucher. The OAG shall process the invoice for payment in accordance with the state procedures for issuing state payments and the Texas Prompt Payment Act. County shall submit the invoice to: Contract Manager for Local Disbursement, Local Customer Service and State Case Registry Mail Code: 062 Office of the Attorney General P.O. Box 12017 Austin, Texas 78711-2017 Page 14 of 28 VOL - J~ L L OAG will work with the SDU Vendor and County to make sure the County obtains the necessary hardware and software. For those counties that do not have internet access the OAG will ensure that the SDU Vendor establishes internet service. However, if the County is not covered by a local Internet Service Provider local telephone coverage area, then the County is responsible for any unavoidable long distance telephone charges that occur. • • 5.3.2.4 The OAG shall be financially liable to the County for the federal share of the County's contract associated cost. Federal share means the portion of the County's contract associated cost that the federal Office of Child Support Enforcement reimburses the state as federal financial participation under Title IV-D; for purpose of reference only the federal share on the effective date of this contract is 66%. The County agrees that for the purposes of this contract all of the County's contract associated costs for any given calendar month is equal to the number of new and modified Non-IV-D Court Orders (together with all required data elements) provided to the OAG during the calendar month multiplied by a per new and modified Non-IV-D Court Order fee of $11.83 per new and modified Non-IV-D Court Order plus the number ofNon-IV-D Court Orders updated during the calendar month multiplied by a per Non-IV-D Court Order updated fee of $2.995 per Non-IV-D Court Order updated. Thus: [(Calender Month new and modified Non-IV-D Court Orders provided x $11.83) + (Calender Month Non-1V-D Court Orders updated x $2.995)] x Federal Share = OAG Liability. 5.3.2.5 If County does not approve the Summary and Reimbursement Voucher, it shall return the voucher to the OAG within ten (10) County work days of receipt. detailing the basis of any disputed item, and include supporting documentation. The OAG shall review the returned voucher. If the dispute is resolved in the County's favor the OAG shall make payment as set forth in the preceding subsection. If the dispute is not resolved in the County's favor, the OAG shall make payment in accordance with the voucher originally sent to the County and forward a letter of explanation to the County. 5.3.3 Limitation of OAG Liability 5.3.3.1 The OAG shall be liable only for contract associated costs incurred after commencement of this Contract and before termination of this Contract. 5.3.3.2 The OAG may decline to reimburse Allowable Costs which are submitted for reimbursement more than sixty (60) calendar days after the State Fiscal Year calendar quarter in which such costs are incurred. 1 I I 5.3.3.3 County shall refund to the OAG within thirty (30) calendar days any sum of money which has been paid to the County which the OAG and County agree has resulted in an overpayment to County, provided that such sums may be offset and deducted from any amount owing but unpaid to County. Uniform 10, LCS, SCR IN JIMi Page 15 of 28 L., PAq- 5.3.3.4 The OAG shall not be liable to reimburse the County if the County fails to comply with the State Case Registry Activities Section above in accordance with the requirements of that section. 5.3.3.5 The OAG shall not be liable to reimburse the County for information correcting erroneous information previously provided by the County. 6 GENERAL REQUIREMENTS 6.1 Written Notice Delivery Any notice required or permitted to be given under this Contract by one parry to the other party shall be in writing and shall be addressed to the receiving parry 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. 6.1.1 County The address of the County for all purposes under this Contract and for all notices hereunder shall be: The Honorable Marc Hamlin (or successor in office) District Clerk, Brazos County P.O. Box 2208 Bryan, Texas 77806 6.1.2 OAG The address of the OAG for all purposes under this Contract and for all notices hereunder shall be: Howard G. Baldwin, Jr. (or his successor in office) Deputy Attorney General for Child Support Office of the Attorney General P.O. Box 12017 Austin, Texas 78711-2017 unUmm t.n, t,CS. SCR 10M M Page 16 of 28 a t I t. With copies to: Kathy Shafer (or her successor in office) Deputy General Counsel, Child Support Division Office of the Attorney General P. O. Box 12017 Austin, Texas 78711-2017 6.2 Inspections, Monitoring and Audits • The OAG may monitor and/or conduct fiscal and/or program audits of the County's program performance at reasonable times. County shall provide physical access without prior notice to all sites used for performance of service under this contract to the OAG. United States Department of Health and Human Services, Comptroller General of the United States, and State Auditor of Texas. The OAG may at its option or at the request of County provide technical assistance to assist County in the operation of this program. County shall grant to the OAG, the United States Department of Health and Human Services, Comptroller General of the United States, and State Auditor of Texas access. without prior notice, to all books, documents, and records of the County pertinent to this Contract. The County books, documents, and records may be inspected, monitored, evaluated, audited and copied. Reports or other information relating to this program prepared by the County or at the request of the County shall be furnished to the OAG within ninety (90) days of availability. 6.3 Audit Provisions In order to comply with the monitoring and auditing requirements governing this Contract. the County is considered a subrecipient of federal pass-through funds under the Catalog of Federal Domestic Assistance (CFDA) Number 93.563, "Child Support Enforcement- Title IV-D." All accounting records should identify the source of the funds received by the County under this Contract as Title IV-D funds passed through from the OAG. Funds received pursuant to this Contract shall be audited in accordance with OMB Circular A- 133 by the County's independent auditor. County will give OAG a copy of the entire auditor's report and management letter within sixty (60) days of the completion of the audit. 6.4 Reimbursement of Audit Penalty if funds are disallowed as a result of an audit finding contained in an audit (by County's independent auditor, the OAG, the State Auditor, the U.S. Department of Health and umrom ►.P, L CS. SCR 1=3= Page 17 of 28 IPA Human Services, the Comptroller General of the United States, or any of their duly authorized representatives) that County has failed to follow federal requirements for the IV-D program, then County agrees that the OAG may recoup its loss by withholding funds payable under this contract to the extent of the loss incurred by the OAG. 7 TERMS AND CONDITIONS 7.1 Assignment 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. 7.2 Liaison County and OAG each agree to maintain specifically identified liaison personnel for their mutual benefit during the term of the Contract. The liaison(s) named by County shall serve as the initial point(s) of contact for any inquiries made pursuant to this Contract by OAG and respond to any such inquiries by OAG. The liaison(s) named by OAG shall serve as the initial point(s) of contact for any inquiries made pursuant to this Contract by County and respond to any such inquiries by County. The liaison(s) shall be named in writing at the time of the execution of this Contract. Subsequent changes in liaison personnel shall be communicated by the respective parties in writing. 7.3 Subcontracting It is contemplated by the parties hereto that County shall conduct the performances provided by this contract substantially with its own resources and through the services of its own staff. In the event that County should determine that it is necessary or expedient to subcontract for any of the performances specified herein, County shall subcontract for such performances only after County has transmitted to the OAG a true copy of the subcontract County proposes to execute with a subcontractor and has obtained the OAG's written approval for subcontracting the subject performances in advance of executing a subcontract. County, in subcontracting for any performances specified herein, expressly understands and acknowledges that in entering into such subcontract(s), the OAG is in no manner liable to any subcontractor(s) of County. In no event shall this provision relieve County of the responsibility for ensuring that the performances rendered under all subcontracts comply with all terms of this contract. 7.4 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, beexcluded from participation in, be denied the benefits of, be subjected to discrimination under, or be denied Uniform LD. LCS. SCR 1012700 Page 18 of 28 E ...P'Or oa L employment in the administration of, or in connection with, any program or activity funded in whole or in pan with funds provided by this Contract. County shall comply with Title VI of the Civil Rights Act of 1964, Section 504 of the Rehabilitation Act of 1973, and the Americans with Disabilities Act of 1990. 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." 7.5 Immigration Reform and Control Act of 1986 County shall comply with the provisions of the Immigration Reform and Control Act of 1986. 100 Stat. 3359, by verifying the identity and authorization to work in the United States of its employees assigned to this Contract at any time during the term of this Contract. 7.6 Environmental Protection County shall be in compliance with all applicable standards, orders, or requirements issued pursuant to the mandates of the Clean Air Act (42 U.S.C. Section 7401 et seq.) and the Federal Water Pollution Control Act, as amended, (33 U.S.C. Section 1251 et seq.). 7.7 Certain Disclosures Concerning Lobbying • 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. County must submit the Certification Regarding Lobbying included with this Contract (Attachment E). This certification certifies that the County will not and has not used federally appropriated funds to pay any person or organization for influencing or attempting to influence any officer or employee of any federal agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any federal contract, grant or any other award covered by 31 U.S.C. Section 1352. It also certifies that the County will disclose any lobbying with non-federal funds that takes place in connection with obtaining any federal award by completing and submitting standard Form LLL. 7.8 Compliance With Law, Policy and Procedure County shall perform its obligations hereunder in such a manner that ensures its compliance with OAG, policy and procedure and all state and federal laws, rules and 0 Uniform LA WS. SCR 1023100 Page 19 of 28 601 regulations. County shall assure, with respect to County's performances, that the OAG is able to meet the OAG's obligations in carrying out the program of child support enforcement pursuant to Title IV, Part D, of the federal Social Security Act of 1935, as amended. 7.9 Legislative Appropriations All obligations ofthe OAG are subject to the availability of legislative appropriations and, for federally funded procurements. to the availability of federal funds applicable to this procurement (as further described below). OAG will not be in default for nonpayment under this contract if such appropriated funds or federal funds are not available to OAG for payment of OAG's obligations under this contract. In such event OAG will promptly notify the County, and the contract shall terminate simultaneous with the termination of either appropriated funds or federal funds. Upon termination of the contract the OAG will discontinue payment hereunder. It is expressly understood that any and all of the OAG's obligations and liabilities hereunder are contingent upon the existence of a state plan for child support enforcement approved by the United States Department of Health and Human Services providing for the statewide program of child support enforcement, pursuant to the Social Security Act, and on the availability of Federal Financial Participation for the activities described herein. In the event that.such approval of the state plan or the availability of Federal Financial Participation should lapse or otherwise terminate. the OAG shall promptly notify county of such fact in writing. Upon such occurrence the OAG shall discontinue payment hereunder. 7.10 Termination Either party to this Contract shall have the right to either terminate this Contract in its entirety or in part. However, a County continuing to contract to provide Local Disbursement services must also continue to contract to provide Local Customer Service services and a County continuing to contract to provide Local Customer Service services must also continue to contract to provide State Case Registry services. The Contract, or portion of the Contract, may be terminated by the terminating party notifying the other party in writing of such termination and the proposed date of the termination no later than thirty (30) calendar days prior to the effective date of such termination. In the event of termination, said termination occurring for any reason, the County shall work with the OAG for a period of one hundred eighty (180) calendar days following the effective date of such termination to ensure that there will be no interruption of services to families. uniform LD. r.CS. SCR ror"M Page 20 of 28 V a' s0, - 1'\ • 7.11 News Releases or Pronouncements News releases, advertisements, publications, declarations, and any other pronouncements pertaining to this contract by County using any means or media mentioning this contract must be approved in writing by the OAG prior to public dissemination. 7.12 Date Standard Four-digit year elements will be used for the purposes of electronic data interchange in any recorded form. The year shall encompass a two digit century that precedes, and is contiguous with, a two digit year of century (e.g. 1999, 2000, etc.). Applications that require day and Month information will be coded in the following format: CCYYMMDD. Additional representations for week, hour, minute, and second, if required, will comply with the international standard ISO 8601:1988, "Data elements and interchange formats-- Information interchange--Representation of dates and times." 7.13 Changes in the Law • Any alterations, additions or deletions to the terms of this Contract which are required by changes in federal or state law are automatically incorporated into this Contract without written amendment to this Contract and shall be effective on the date designated by said federal or state law. 7.14 Amendments Any changes to this Contract, except those changes so designated in this Contract, shall be in writing and executed by both parties to this Contract. I 7.15 Headings The headings for each section of this Contract are stated for convenience only and are not to be construed as limiting. 7.16 Dispute Resolution Process for County Breach of Contract Claim 0 7.16.1 The dispute resolution process provided for in Chapter 2260 of the Government Code shall be used, as further described herein, by the OAG and County to attempt to resolve any claim for breach of contract made by County. 7.16.2 County's claim for breach of this contract that the parties cannot resolve in the ordinary course of business shall be submitted to the negotiation process provided in Chapter 2260, subchapter B, of the Government Code. To initiate Undmm LD. LCS. SCR 102310 Page 21 of 28 -nail t the process, the County shall submit written notice, as required by subchapter B, to the Deputy Attorney General For Child Support. Office of the Attorney General, P.O. Box 12017 (Mail Code 033), Austin, Texas 78711-2017. Said notice shall specifically state that the provisions of Chapter 2260, subchapter B, are being invoked. A copy of the notice shall also be given to all other representatives of the OAG and the County otherwise entitled to notice under this contract. Compliance by the County with subchapter B is a condition precedent to the filing of a contested case proceeding under Chapter 2260. subchapter C, of the Government Code. 7.16.3 The contested case process provided in Chapter 2260, subchapter C, of the Government Code is the County's sole and exclusive process for seeking a remedy for any and all alleged breaches of contract by the OAG ifthe parties are unable to resolve their disputes under the immediate preceding subsection. 7.16.4 Compliance with the contested case process provided in subchapter C is a condition precedent to seeking consent to sue from the Legislature under Chapter 107 of the Civil Practices and Remedies Code. Neither the execution of this contract by'the OAG nor any other conduct of any representative of the OAG relating to the contract shall be considered a waiver of sovereign immunity to suit. 7.16.5 The submission, processing and resolution of the County's claim is governed by the published rules adopted by the OAG pursuant to Chapter 2260, as currently effective, hereafter enacted or subsequently amended. 7.16.6 Neither the occurrence of an event nor the pendency of a claim constitutes grounds for the suspension of performance by the County, in whole or in part. 7.17 Security and Confidentiality 7.17.1 General The County shall comply with all applicable statutory and regulatory provisions requiring that information be safeguarded and kept confidential. These statutes and regulatory provisions include but are not limited to 42 U.S.C. 653 and 654; 45 C.F.R. 307.10, 307.11 and 307.13; 26 U.S.C. 6103 (1RC 6103); IRS Publication 1075 (Rev. 1-98) and §231.108 of the Texas Family Code, as currently written or as may be amended, revised or enacted. Should the County, its officials or one of its employees make any unauthorized inspection(s) or disclosure(s) of information, this agreement may be immediately terminated by the OAG. The County will take care not to disclose information provided by OAG including particularly to any legislative body uedorm I.D. t.CS, sort tWB= Page 22 of 28 (local, state or federal) which could tend to identify such applicants or recipients of financial or other assistance or support enforcement services pursuant to the Federal Social Security Act of 1935, as amended. No electronic list or mailing list of recipients of services shall be created, distributed, or used. Payment history information may not be disclosed or provided to anyone other than the court, the guardian ad litem for the child, the custodial and non-custodial parent and their attorneys, or a person authorized by the custodial or non-custodial parent to have the payment history information. Payment history information may be disclosed and/or provided to a District or County Attorney for purposes of pursuing prosecution for criminal non-support of a child. The payment history screen and any other screen that contains Internal Revenue Service information (IRS) shall only be printed in order to provide payment history information to the court, the guardian ad litem for the child, the custodial and non-custodial parent and their attorneys, a person authorized by the custodial or non-custodial parent to have payment history information, and a District or County Attorney for purposes of pursuing prosecution for criminal non-support of a child. The County stipulates that all non IV-D and/or IV-D information is confidential and the County agrees that it shall use and/or release non IV-D and/or IV-D case information under the circumstances limited to this contract. 7.17.2 IRS Information • The County shall have limited access to certain information that is from the Internal Revenue Service. In performance of this contract, the County agrees to comply and assume responsibility for compliance by its officials, subcontractors and employees with the following requirements: 7.17.2.1 All work shall be performed under the supervision of the County, County officials or the County's responsible employees. 7.17.2.2 Any return or return information made available shall be used only for the purposes of carrying out the provisions of this contract. Information contained in such material shall be treated as confidential and shall not be divulged or made known in any manner to any person except as may be necessary in the performance of the contract. Inspection by or disclosure to anyone other than an official or employee of the County (or as provided above for payment history information) shall require prior written approval by the OAG and the Internal Revenue Service. Requests to make such inspections or disclosures should be made in writing to both the OAG liaison and the IRS Disclosure Officer, Department of the Treasury, 300 E. Eighth Street, Austin, TX 78701. • Umfo m Lp. tcs. scre rva= 5-- Page 23 of 28 7.17.2.3 Should the County, its officials, its subcontractors, or one of its employees make any unauthorized inspection(s) or disclosure(s) of confidential tax information, this agreement may be immediately terminated by the OAG. 7.17.2.4 Each official or employee of any person at any tier to whom return information is or may be disclosed shall be notified in writing by the person that returns or return information disclosed to such official or employee can be used only for a purpose and to the extent authorized herein, and that further disclosure of any such returns or return information for purpose or to an extent unauthorized herein constitutes a felony punishable upon conviction by a fine of as much as $5,000 or imprisonment for as long as five years, or both, together with the costs of prosecution. Such person shall also notify each such official or employee that any such unauthorized future disclosu►e of returns or return information may atso result in an award of civil damages against the official or employee in an amount not less than $1,000 with respect to each instance or unauthorized disclosure plus in the case of willful disclosure or a disclosure which is the result of gross negligence, punitive damages plus the cost of the action. These penalties are prescribed by the IRC Sections 7213 and 7431 and set forth at 26 CFR 301.6103(n). 7.17.2.5 Each official or employee of any person to whom returns or return information is or may be disclosed shall be notified in writing by such person that any return or return information made available in any format shall be used only for the purpose of carrying out the provisions of this contract and that inspection of any such returns or return information for a purpose or to an extent not authorized herein constitutes a criminal misdemeanor punishable upon conviction by a fine of as much as $1,000.00 or imprisonment for as long as 1 year, or both, together with costs of prosecution. Such person shall also notify each such official and employee that any such inspection of returns or returns information may also result in an award of civil damages against the official or employees in an amount equal to the sum of the greater of $1,000.00 for each act of unauthorized inspection with respect to which such defendant is found liable or the sum of the actual damages sustained by the plaintiff as a result of such unauthorized inspection plus in the case of a willful inspection or an inspection which is the result of gross negligence, punitive damages, plus the costs of the action. The penalties are prescribed by IRC Sections 7213A and 7431. until- LD, t.CS, SCR IOMW Page 24 of 28 -0-iftas 50(p • i i s 7.17.2.6 Additionally, it is incumbent upon the county to inform its officers. subcontractors and employees of the penalties for improper disclosure imposed by the Privacy Act of 1974, 5 U.S.C. 552a. Specifically, 5 U.S.C. 552a(i)(1), which is made applicable to contractors by 5 U.S.C. 552(m)(1), provides that any officer or employee of a contractor, who by virtue of his/her employment or official position. has possession of or access to agency records which contain individually identifiable information , the disclosure of which is prohibited by the Privacy Act or regulations established thereunder. and who knowing that disclosure of the specific material is so prohibited, willfully discloses the material in any manner to any person or agency not entitled to receive it, shall be guilty of a misdemeanor and fined not more than $5,000. 7.17.2.7 The IRS and/or the OAG shall have the right to send its officers and employees, unannounced, into the offices and places of business of the County for inspection of the facilities and operations provided for the performance of any work under this contract. On the basis of such inspection, specific measures may be required in cases where the County is found to be noncompliant with security information safeguards. 7.17.3 Limited Use Or Release Of Information • Information provided by the OAG to the County through access to STRADUS and/or TXCSES shall be used only for the purposes of carrying out the provisions of this contract. Inspection by or disclosure of any non IV-D and/or IV-D case information to anyone other than an official, or employee of the county or the OAG, other than for the purposes of carrying out, and in accordance with, the provisions of this contract, shall require prior written approval of the OAG and the IRS where appropriate. 7.17.4 Protection Of Information 0 7.17.4.1 Information 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, restricted areas, locked rooms, locked buildings, identification systems and control measures, 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, access logs, and badges. Uniform L.D. ICS, SCR 10/23100 Page 25 of 28 e -1 7.17.4.2 Whenever possible, computer operations must be in a securearea with restricted access. In situations such as remote terminals, or office work sites where all of the requirements of a secure area with restricted access cannot be maintained, the equipment shall receive the highest level of protection that is practical. The following security requirements shall be met for IRS information. All IRS information shall be locked up when not in use. Tape reels, disks or other magnetic media shall be labeled as IRS data when they contain such information. Such labeled magnetic media shall be kept in a secured area under the immediate protection and control of an authorized employee or locked up. When not in use, they shall be promptly returned to a proper storage area/container. 7.17.5 Security Agreements And Training 7.17.5.1 The County shall ensure that all persons having access to information obtained from STRADUS and/or TXCSES are thoroughly briefed on related security procedures, restricted usage, and instructions requiring their awareness and compliance. Annual reorientation sessions shall be conducted to ensure that all appropriate employees and subcontractors remain alert to all security requirements. 7.17.5.2 County agrees that it will annually provide its employees, and when applicable its subcontractors, with the such security statements or revised security statements and forms as deemed appropriate by the OAG. The County shall promptly return said form with original signatures to OAG Information Resources (IR) Division. County personnel, and when applicable its subcontractors, shall only be granted access to STRADUS and TXCSES after they have received all required security training, read the OAG Information Security Policy Manual (Attachment A), signed the acknowledgment and read and signed the OAG Statement of Responsibility (Attachment B) and the County has given the signed original Statement of Responsibility form to OAG IR Division. 7.17.5.3 County agrees that it will annually provide its employees, and when applicable its subcontractors, with the IRS notification form (Attachment C) and return said form with original signatures to OAG IR Division. Should the form be revised the OAG shall provide the County with a copy of the revised form. The IRS notification form for an employee, and when applicable its subcontractors, must be on file with the OAG IR Division prior to the employee or subcontractor unirom LD, tics. SCR 1003= Page 26 of 28 ~~~Y°?e~'•'~ SDI, • accessing STRADUS and/or TXCSES. Additionally County agrees to post promptly in all work areas the IRS notice (Attachment D). 7.17.6 Request For Information Pursuant To The Texas Open Records Act The County agrees that the OAG shall be responsible for responding to all open records request(s) relating to IV-D cases. The County agrees to forward to the OAG, both by facsimile and first class mail within one business day of receipt all request(s) for information relating to N-D cases that fall within the scope of the Texas Open Records Act. § 552.101, et seq., Texas Government Code. Open Records Requests shall be forwarded and faxed to: General Counsel, Child Support Division Attention: Open Records Liaison Office of the Attorney General P.O. Box 12017 Austin, Texas 78711-2017 (512) 460-6058 (512) 460-6040 (fax) i i i S • 7.17.7 The obligations of the County under this Security of Information provision shall survive this contract. 7.18 Venue This contract shall be governed by and construed in accordance with the laws of the State of Texas, except for its provisions regarding conflicts of laws. The venue of any suit brought for any breach of this contract by the OAG is fixed in any court of competent jurisdiction in Brazos County, Texas. The venue of any suit brought for any breach of this contract by Brazos County is fixed in any court of competent jurisdiction in Travis County, Texas. All payments under this contract shall be due and payable in Travis County, Texas. 7.19 Entire Contract This instrument constitutes the entire Contract between the parties hereto, and all oral or written contract between the parties relating to the subject matter of this contract that were made prior to the execution of this contract have been reduced to writing and are contained herein Undono LD. LCS. SCR 10/23100 Page 27 of 28 THIS CONTRACT IS HEREBY ACCEPTED OFFICE OF THE ATTORNEY BRAZOS COUNTY GENERAL Howard G: 01dwiK Jr. The Honorable Alvin V. Jones Deputy Atto ey neral for Child Support County Judge, Brazos County unafmm LD, LCS. SCR IN2M Page 28 of 28 VON al ~~v vi THE FOLLOWING DOCUMENT IS THE BEST IMAGE POSSIBLE DUE TO THE POOR QUALITY OF THE ORIGINAL 0-jQ 4 01 01 Information Security Policy Manual • OFFICE OF THE ATTORNEY GENERAL - STATE OF TEXAS JOHN CORNYN CONCURRENT STATEMENT We endorse this document and will enforce the policies within. 1 ' lA tk E19-6 zj Date: -7- Marie Eiland Information Resource Manager l C y Date. Andy aylor First Assistant Attorney General OL Lclnt John Co Attorney oral Date: 1 L June. 1999 yI ' L _ ..,.~w_..L..-•~.~_~ l..«__.. J.....~._- ...u r_.•L'.. ,..-a-. .r+. • i 0 0. Executive Summary 4 1.0 Policy: .......................................5 1.1 Program Policy .....................................5 1.2 Scope of Policy: 5 1.3 Issue-Specific Policy . 5 1.3.1 Use of OAG Information Resources 5 1.32 Classification of Information (Data ) Assets: 5 1.3.3 Information Asset Protection: 5 1.3.4 Access to OAG Information Assets: 6 1.3.5 Data Integrity' 6 1.3.6 E-Mail :..................................................6 1.3.7 Conyr►ght: . , 6 1.3.8 Personal Hardware and Software: 6 1.3.9 Shareware and Freeware : 6 1.3.10 Asset Protection: 7 1.3.11 Voice/Phone Mail: 7 1.3.12 Data Encryption and Key Management: 7 1.3.13 Security Awareness: 7 1.3.14 Risk Analysis and Risk Management: 8 1.3.15 Contingency Planning 8 1.3.16 Termination and Transfers: 8 1.3.17 Bulletin Board Access: 8 1.3.18 Internet Policy: 8 1.3.19 Passwords: ...............................................9 1.3.20 Securi Breaches : .........................................9 1.3.21 Data Communications Systems: 9 1.3.22 Dial-Up Access: 9 1.3.23 User Identification: 9 1.3.24 Warning Statements: 10 1.3.25 System Development and Testing 10 1.3.26 Statement of Responsibility : 10 1.3.27 Automatic Suspension / Deletion of User ID's : 10 1.3.28 Physical Security: 10 1.3.29 Positions of Special Trust: 10 June. 1999 3 I The Office of Attorney General [OAG] has a commitment to the citizens of Texas to ensure that the information entrusted to them will be reasonably secure and protected. Unauthorized use of any kind must not be tolerated and such use should be punishable to the fullest extent of the law. An effective information security program takes a lot of work, commitment and cooperation among the employees of OAG. We are all involved in the well-being of this strategic effort The Information Security Officer for your division (i.e., CSD or A&L) may be contacted for further information as required Purpose The intent of the OAG Information Security Policy Manual is threefold: 2) comprehensive documentation of the current information security and contingency planning policies as determined by management; 3) education for the users on the proper usage of OAG information assets; and 4) legal ramifications of the misuse of information assets. The Challenging OAG Environment Information asset protection and contingency planning are becoming two of the more complex challenges of the modem automated environment. Our automation systems consist of large central databases, over one hundred (100) Local Area Networks (LAN) and one of the largest Wide Area Networks (WAN) in the State of Texas. Our network is now tied to the Internet, and other State and federal agencies as required. Information Asset Protection and Disclosure As technology becomes more prolific, the chance of OAG information assets becoming destroyed, modified or disclosed, either intentionally or inadvertently, becomes more prevalent. The Texas Administrative Code I TAC 201.13 (b) indicates a required classification and ownership methodology under the Texas Public Information Act. Security Awareness Program A comprehensive security awareness program has been established for all OAG personnel. It is incumbent upon each OAG employee, consultant or contractor to be familiar with the Information Security Policy Manual and associated procedures in his or her respective area. Contingency Planning Finally, the OAG is charged with providing a comprehensive contingency plan and disaster recovery procedures for all data center, and field operations. Information security "ownership," classification, access and controls, resulting risk assessment and criticality analyses are used as a basis for business resumption planning. June, 1999 4 J 1.1 Program Policy: Information and information resources residing in the Office of the Attorney General (OAG) are strategic and vital assets belonging to the people of Texas These assets require a degree of protection commensurate with their value. Measures will be taken to protect these assets against accidental or unauthorized disclosure, modification or destruction, as well as to assure the security, reliability, integrity and availability of information. 1.2 Scope of Policy: This policy applies to all information resources that are used by or for the OAG. It applies to information processing systems throughout their life cycle This policy also applies to all users (manager, employees, contractors, etc.) of OAG information assets. 1.3 Issue-Specific Policy: The following are the policies that cover specific issues as they relate to the security of information within the OAG. 1.3.1 Use of OAG Information Resources: r State information resources will be used only for official State purposes. Compliance with this policy will be monitored via periodic maintenance, scheduled and random audits The individual user of OAG information resources shall have no expectation of privacy for information contained within or processed by an OAG information resource. 1.3.2 Classification of Information (Data) Assets: All information processed by or for the OAG is of value and therefore will be classified. The OAG has three levels of data classification. They are confidential, sensitive and unclassified. Further detailed descriptions of these classifications can be found in the "Information Classifications" section of the Information Security Procedure Manual. 1.3.3 Information Asset Protection: Information which is confidential or sensitive will be protected from unauthorized access or modification. Data which is essential to critical State functions must be protected from loss. contamination or destruction. The expense of security safeguards will be appropriate to the value of the assets being protected. 0 S June, 1999 1 3 4 Access to OAG Information Assets. Access to OAG information resources must be strictly controlled. State law requires that State owned information resources be used only for official State purposes. Read access to OAG information is on a need-to-know basis. When access by the user requires the use of a password, or other security measure, that security measure must be kept confidential by the intended user. 1.3.5 Data Integrity, The integrity of data, its source, its destination and processes applied to it must be assured. The creation or modification of OAG information may only be performed by authorized personnel. Each user will be individually accountable for his/her actions when handling, processing, or otherwise using OAG information. 1.3.6 -Mail. Electronic mail (e-mail) is a form of communication which uses information assets. However, as with the use of phones (excluding long distance) employees may use the e-mail system for communicating with OAG employees on non official business provided such communication does not disrupt or interfere with official State business, is kept to a minimum duration and frequency, and is not political in nature. 1.3.7 Copyright: OAG information assets shall not be used to produce illegal copies of copyrighted information. rllegal copies of software shall not be loaded or executed on OAG information systems. Regular audits will be conducted to search for unauthorized software installed on machines. 1.3.8 Personal Hardware and Software: No personal programs of any kind are to be loaded onto any State computer. Hardware provided by the user may not be used at the OAG or connected to the OAG's networks. 1.3.9 Shareware and Freeware: Shareware and freeware will not be loaded or otherwise used on OAG systems unless specifically approved by the Information Resource Manager. 1.3. 10 Asset Protection: Managing information security within the OAG requires commitment and support on the part of executive, technical and program management. The protection of June, 1999 6 Vol 9- - \ • • information assets is a management responsibility. All managers should be involved in the security awareness program and should actively promote security awareness among their staff and enforce OAG policies and procedures. 1.3.11 Voice/Phone Mail- Voice or phone mail is a form of communication which uses information assets. However, employees may use the voice mail system for communicating with other OAG employees and personal business provided such communication does not disrupt or interfere vgth official State business, is kept to a minimum duration and frequency, and is not political in nature. 1.3.12 Data EncWtion and Key Management it is not a requirement at this time for agencies to use data encryption techniques for storage and transmission of data. However, those agencies who choose to employ data encryption shall adopt the data encryption standard, also referred to as the DES algorithm, which is defined in the Federal Information Processing Standard Publication 46-2 (FIPS PUB 46-2). Any use of encryption by OAG staff must be approved in advance by their Division Director. For systems employing encryption as described, procedures shall be prescribed for secure handling, distribution, storage and construction of DES key variables used for encryption and decryption. Protection of the key shall be at least as stringent as the protection required for the information encrypted with the key. Copies of the FIPS PUB 46-2 are available from the Information Security Officer (ISO). 1.3.13 Security Awareness: The OAG will provide an ongoing awareness and training program in information security and in the protection of State information resources for all personnel whose duties bring them into contact with confidential or sensitive data. New employee orientation will be used to establish security awareness and inform new employees and contractors information security policies and procedures. Information security programs must be responsive and adaptable to changing vulnerabilities and technologies affecting State information resources. 1.3.14 Risk Analysis and Risk Management: Risks to information resources must be managed. The OAG will perform a comprehensive risk analysis of all information processing systems on a periodic basis. Risk analysis results will be presented to the owner of the information resource for risk management. June, 1999 7 _ _a...L....~.ti.....~.~._.........~.~.J-.nv-lu.rw_n..s~_I..aw M.L ~r.a. r.. ~ _ 1 3 1 5 Contingency Plannina- All information resources determined by agency management to be essential to the agency's critical mission and functions, shall have a written and cost-effective contingency plan. The contingency plan shall be tested and updated annually to assure that it is valid and current. Backups of data and software will be maintained to mitigate the impact of such a disaster. A disaster declaration will be issued by the Attorney General in the event that a disaster destroys or makes inoperable a significant portion of the processing capability of the OAG This declaration will authorize the Information Resource Manager to make timely decisions in the recovery of the information assets. 1.3.16 Termination and Transfers• Computer user identifications (User ID's) for employees that have terminated employment with the OAG must be removed from the computer system immediately following termination notification. If the agency is terminating the employee, the ID should be removed prior to or at the same time of the employee being notified of the termination. For employees transferring to another position and/or section within the OAG, the user ID should also be removed immediately. 1.3.17 Bulletin Board Access: Users of OAG information assets are authorized to access electronic bulletin boards in performance of their duties, but they remain responsible for ensuring that all security precautions and policies are followed. Policies 1.3.6 & 1.3.7 on personal software and freeware and shareware still apply to anything that is downloaded from bulletin boards (including Texas State bulletin boards). 1.3.18 Internet Policy: The OAG has provided e-mail access to the Internet for all employees. Employees should use caution and are responsible for his or her actions when using this medium. Web browser access should be limited to those areas relevant to your job functions. Web access to non job related sites represents an unauthorized use of government time, property and facilities. Employees violating this policy are subject to disciplinary action, up to and including dismissal from the Agency. CAVEAT: The OAG has implemented reasonable security measures to protect staff when using the Internet. However, the OAG cannot guarantee the security when using this system. Therefore, confidential and sensitive information will not be transferred using this medium. June, 1999 8 o-1 _Urmom ~ l g • 1 3 19 Passwords Systems which use passwords, shall follow the OAG guidelines based upon the federal standard on password usage contained in the Federal Information Processing Standard Publications 112 (FIPS PUB 112), which specifies minimum criteria and provides guidance for selecting additional password security criteria, when appropriate. Copies of FIPS PUB 112 are available from the Information Security Officer. Disclosure of an individual's password or use of an unauthorized password or access device may be punishable under both State and Federal law. 13.20 Security Breaches' Any event which results in loss, disclosure, unauthorized modification, or unauthorized destruction of information resources constitutes a security incident or breach. Users should report any security breaches immediately to the ISO, who will promptly investigated the incident. If criminaLaction is suspected, the agency must contact the appropriate local law enforcement and investigative authorities immediately. 1.3.21 Data Communications Systems: • Network resources (LAN-WAN-Mainframe) that access confidential or sensitive information will assume the security level of that information for the duration of the session. All network components under State control must be identified and restricted to their intended use. 1.3.22 Dial-up Access: For services other than those authorized for the public, authorized users of dial-up access shall be positively and uniquely identifiable and their identity authenticated to the systems being accessed. 1.3.23 User Identification: Except for public users of systems where such access is authorized, or for situations where risk analysis demonstrates no need for individual accountability of users, each user of a multiple-user automated system shall be assigned a unique personal identifier or user identification. 1.3.24 Warning Statements: System identification screens will be provided at the time of initial logos to the mainframe or LAN/WAN. These screens will provide the following warning statements: 0 June, 1999 9 I IV V (i) unauthorized use is prohibited, (ii) usage may be subject to security testing and monitoring; and (iii) abuse is subject to criminal prosecution. 1.3.25 System Development and Testing Security needs must be considered and addressed in all phases of development or acquisition of new information processing systems. Test functions shall be kept either physically or logically separate from production functions. 1.3.26 Statement of Responsibility- All OAG personnel shall be required to provide written acknowledgment that they have received, read and understand the Information Security Policy Manual. 1.3.27 Automatic Suspension / Deletion of User ID's: Mainframe, LAN and Remote Access ID's will be monitored for usage. Unused ID's pose a security threat and will be subject to suspension after 30 days and deletion after 60 days, without notice to the user. 1.3.28 Physical Security: Management reviews of physical security measures will be conducted annually, and when significant modifications are made to the facilities or security procedures. Physical access to mainframe computer and file server rooms will be restricted to authorized personnel. Authorized visitors will be required to record their visits via a sign-in / sign-out log. 1.3.29 Positions of Special Trust: The OAG will establish procedures for reviewing information resource functions to determine which positions require special trust or responsibilities. June, 1 999 10 • 1 1 Attachment B OFFICE OF THE ATTORNEY GENERAL CHILD SUPPORT DIVISION INFORMATION ACCESS STATEMENT OF RESPONSIBILITY Name n1 C, q en %-t Social Security Number LA S It - 1 11 (o $ 7 Position .s } r, .E Agency, County or Company Employed By Work Location (City) work Location (County) B ruto s C. ID ' i c- [.,k General Information- All information that is used in or by the Office of the Attorney General (OAG) is to be disseminated on a "need-to-know" basis. Only authorized personnel may add, modiTy and/or delete information Statements I understand that the information concerning any person, customer or client that may come to my knowledge while using the OAG computers or in otherwise performing under contract for the OAG, shall be held to strictest confidence and may not be disclosed except as used exclusively for purposes directly connected with. ■ the administration of the-plan or program approved underparts A, B. D, E or F of Title IV or under Titles I X XIV XV1, XIX or RX or the supplemental security income program established under Title XVI of the tociat Security Act of 1935, as amended • any investigations, prosecution, or criminal or civil proceeding conducted in connection with the administration of any such plan or progam • the administration of any other federa~or federally-assisted program which provides assistance, in cash or in kind, or services, directly to individuals on the basis of need • reporting to an appropriate agency or official information on known or suspected instances of physical or mental tolury sexual abuse or exploitation, or negligent treatment or maltreatment of a child who is the subject of a child support enforcement activity under circumstances which indicate that the child's health or welfare is threatened thereby Notwithstanding the above I understand that I may not disclose to any individual or aency any federal tax return or return information. Such unauthorized disclosure is punishable by fine up to $5,006 or imprisonment up to 5 years. or both. These safeguards also. p~rohibit disclosure to any committee or legislative body (federal, state or local) of any information that identiles by name or address any such applicant or recipient. Use of such information by a local government or component thereof for any other purpose, including but not limited to, collecting a fee is prohibited. 1 understand that 1 may not perform any work, review, update or otherwise act to obtain information upon my o~wn. or any relative's, fnend's, or business associate's child support case, regardless if the case is open or closed. my failure to comply with OAG policy will result in disciplinary action, up to and including termination. In addition if applicable, I understand that the computer password(s) I receive or devise is confidential, and must not be disclosed to anyone. I understand that it is my responsibility to safeguard such password(s) by not allowing it to be viewed by anyone. I understand that I am responsible for computer transactions performed through misuse of my passwor). I agree not to attempt to circumvent computer security by using or attempting to use an transaction, software, .files or resources that I am not authorized to use. 1 understand that use of a assword not issued or devised specifically for me is expressly prohibited and is a violation of state and federal Paw. I also understand that failure to observe the above conditions may constitute a "breach of computer security" as defined in the TEXAS PENAL CODE, CHAPTER 33, Section 33.02 (b), and that such an offense may be classified as a felony. Similar federal statutes may also be applicable. 1 certify that I understand that any copyrighted material, including but not limited to commercial computer software, which maybe made available tome for use by the OAG is protected, byy copyright laws ands not to be copied for any reason without written permission from the owner of the copynW1t and the OAG. By signing this statement I certify that 1: ■ agree to abide by all written cond ■ understand my responsibilities as ■ have receivod rcad and understa3 • if aoolicable. I have read all apph ed by the OAG regarding information security; cove; security information policy,manual• and . mre licenses and agree to aa66mde by aft restrictions. SIGNATURE: Form 0"10 'fE:It-o?49 - Q7 help- 5a ( r OIrICt OI TMI ATTORN[Y GIN[RAL • STAT[ OF TIXAS JOHN CORNYN 1 , I I, i Attachment C IRS INFORMATION DISCLOSURE LIMITATIONS It is unlawful for any person willfully to disclose, print, or publish, except as authorized, any Federal return or return information, or any information therefrom. Such action is punishable by fine up to $5,000 or imprisonment up to 5 years, or both, together with costs of prosecution. See section 7213 of the Internal Revenue Code. In addition Internal Revenue Code section 7431 provides for civil damages of not less than $1000 per violation for knowing or negligent disclosure of such information plus in the case of a willful disclosure or a disclosure which is the result of gross negligence, punitive damages, plus the costs of the action. It is unlawful for any person willfully to offer any item of material value in exchange for any return or return information and to receive as a result of such solicitation any such return or return information. Such action is punishable by fine up to $5000 or imprisonment up to 5 years, or both, together with costs of prosecution. See section 7213 of the Internal Revenue Code. It is unlawful for any person willfully to inspect, except as authorized, any Federal return or return information. Such action is punishable by a fine up to $1000 or imprisonment up to I year, or both, together with the costs of prosecution. See section 7213A of the Internal Revenue Code. In addition Internal Revenue Code section 7431 provides for civil damages of not less than $1000 per violation for knowing or negligent inspection of such information plus in the case of a willful inspection or an inspection which is the result of gross negligence, punitive damages, plus the costs of the action. I acknowledge that I am aware of the above civil and criminal liabilities. Printed name . /t-o) o-ev 4it ur e Date ofat • Attachment D WARNING DISCLOSURE LIMITATIONS It is unlawful for any person willfully to disclose, print, or publish, except as authorized, any Federal return or return information, or any information therefrom. Such action is punishable by fine up to 55,000 or imprisonment up to 5 years, or both, together with costs of prosecution. See section 7213 of the Internal Revenue Code. In addition Internal Revenue Code section 7431 provides for civil damages of not less than 51000 per violation for knowing or negligent disclosure of such information plus in the case of a willful disclosure or a disclosure which is the result of gross negligence, punitive damages, plus the costs of the action. It is unlawful for any person willfully to offer any item of material value in exchange for any return or return information and to receive as a result of such solicitation any such return or return information. Such action is punishable by fine up to 55000 or imprisonment up to 5 years, or both, together with costs of prosecution. See section 7213 of the Internal Revenue Code. • 0 It is unlawful for any person willfully to inspect, except as authorized, any Federal return or return information. Such action is punishable by a fine up to 51000 or imprisonment up to 1 year, or both, together with the costs of prosecution. See section 7213A of the Internal Revenue Code. In addition Internal Revenue Code section 7431 provides for civil damages of not less than S1000 per violation for knowing or negligent inspection of such information plus in the case of a willful inspection or an inspection which is the result of gross negligence, punitive damages, plus the costs of the action. V01 a 1-_PAn o13 1W Attachment E CERTIFICATION REGARDING LOBBYING DEPARTMENT OF HEALTH AND HUMAN SERVICES ADMINISTRATION FOR CHILDREN AND FAMILIES PROGRAM: CHILD SUPPORT ENFORCEMENT PROGRAM PURSUANT TO TITLE IV.D OF THE SOCIAL SECURITY ACT OF 1935 AS ADMINISTERED BY THE OFFICE OF THE ATTORNEY GENERAL OF TEXAS PERIOD: December 1. 2000 to August 31, 2003 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 any 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 haven been paid or will be paid to any person for influencing or attempting to influence an office or employee of any agency, a Member of congress, an officer or employee of Congress, or an employee of 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 subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients 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. Q---edQL Signature Agency/Organization 1Jo"EnBER /s, .2000 Date Date Page 1 of 1