Loading...
HomeMy WebLinkAbout2004-02-10-9:00AM-RegularBRAZOS COUNTY J BRYAN,TEXAS NOTICE OF MEETING AND AGENDA BRAZOS COUNTY COMMISSIONERS COURT THE COM ISSIONERS COURT OF BRAZOS COUNTY WILL MEET IN REGULAR SESSION 10 FEBRUARY 2004 AT 9:00 A.M. IN THE COMMISSIONERS COURTROOM OF THE B ZOS COUNTY COURTHOUSE, 300 E. 26TH STREET, SUITE 115, BRYAN, TEXAS. 1. Invoc4ion and Pledge of Allegiance - Commissioner Mallard 2. Anno~ncement of the cancellation of Commissioners Court on 17 February 2004. 3. Call fir citizen's input and/or concerns Consider a0 take action on agenda items 4-21 4. Budget Amendment 03/04-17.1 thru 03/04-17.6 5. Requ st by the District Clerk's Office for approval to pay an invoice dated 7/22/03 which was mispl ced but should have been paid out of last year's budget. 6. Pavmbnt of Claims 7. Personnel Change of Status 8. Requ st for Approval of a Cooperative Agreement between the Office of the Attorney General of the Slate of Texas and Brazos County for the local disbursement of non-IV-D Child Support, Local Customer Service, and the entering of Court Order Information into the State and Federal Case eizistries. 9. Reap ointment of Dr. Tammy Tiner to the Board of Trustees for the Mental Health Mental Retar ation Authority of the Brazos Valley. Appointment term will be 1 March 2004 through 28 Fe ruarv 2006. VOL 5;L PAGE 133 P3 BRAZO COUNTY COMMISSIONERS COURT MEETIN ON 200 AT _'Z~a N`- f ~n Name Orqanization/Department G~ ~ a_. cn VOL 52 PAGE 147 BRAZOS COUNTY, TEXAS BUDGET AMENDMENT(S) FOR THE 2003-2004 BUDGET YEA NO. 03/04-17.1 thru 03/04-17.6 the I Wh day of February 2004 at a regular meeting of the Commissioners' Court, the following members re present: Randy Sims, County Judge, Presiding Eric Caldwell, Commissioner, Precinct 1 E. Duane Peters, Commissioner, Precinct 2 G. Kenny Mallard, Commissioner, Precinct 3 Carey Cauley, Jr., Commissioner, Precinct 4 Karen McQueen, County Clerk The following proceedings were held: THAT WHEREAS, on 10 February 2004 the Court heard and approved a budget amendment for the 2003-2004 ~xidget 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 12 September 2003 the following endment(s) to the original are hereby authorized, as described on the attached page(s). PTED AND APPROVED this the I Wh day of February 2004. THE By: ONERS' COURT OF BRAZOS COUNTY, TEXAS. County Judge Original: Copies County Clerk's Office and attached to the original budget County Auditor County Treasurer Commissioners' Court Minutes VOL 5Z PAGE 10 BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 03/04-17.1 2/10/2004 FD DI ACCT PROJ DR/CR ACCOUNT NAME Increase Decrease 01 120 01 672810 Dr. Electronic Equipment 100.00 01 120( 01 606000 Cr. Office Supplies 100.00 Treasu rer Division To reall ocate funds to al low the purc hase of a new calculator. Prepared B3': ? Date c , _ mkNv -,2/3/2004 APProved 133 Wale: ~A VOL -52- PAGE /SO BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 03/04-17.2 2/10/2004 FD DI ACCT PROJ DR/CR ACCOUNT NAME Increase Decrease 01 301 11 606000 Dr. Office Supplies 800.00 01 301 011 711190 Cr. Janitorial Services 800.00 Const le Precinct 1 To real ocate funds to office supplies for unan ticipated expenditures from the Janitor Services that have not been used to d ate. Prepared By Date: mkw 2/3/2004 Approved By: Date: 3 F Z VOL 5~ PAGE / BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 03/04-17.3 2/10/2004 FD D ACCT PROJ DR/CR ACCOUNT NAME Increase Decrease 01 302 11 659500 Dr. Vehicle Maintenance 1,455.00 01 302( 11 603200 Cr. Firearms Readiness 190.00 01 302 11 600800 Cr. Clothing and Uniforms 380.00 01 3020 11 610600 Cr. Bonds 140.00 01 3020 11 616200 Cr. Subscriptions & Publications 100.00 01 3020 11 672860 Cr. Equipment Other 45.00 01 3020 11 678900 Cr. Vehicle Equipment 600.00 Consta Ie Precinct 2 To real ' ate funds to al low for unanticipated expenditures for Vehicle Maintenance. Pre med By: = mlcw 42/4/2004 r Approved By: ate. VOL 5~2 PAGE /5~. BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 03/04-17.4 2/10/2004 FD DIV ' ACCT PROJ DR/CR ACCOUNT NAME Increase Decrease 01 1400 51 672810 DR Minor Equipment 1,387.00 01 1400 )'l 591000 CR DDEA 1,387.00 IT - To move money from the De partmental Discretionary Account to Minor Equipment to purchase headsets. epared." . k e t ``kdc 5/2004 Abp oyed Il $ J)ate , VOL 5-?, PAGE 1-63 BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 03/04-17.5 2/10/2004 FD DI ACCT PROJ DR/CR ACCOUNT NAME Increase Decrease 30 552 803100 DR 800 M . S stem 103,704.00 30 480715 CR Emergency Preparedness Grant 103,704.00 Emergency Preparedness Grant - Grant was received from TEEX for Home land Securiefforts. .57290 ate.- `l -AUL PERSONNEL CHANGE OF STATUS COURT DATE: February 10, 2004 DE RTMENT: Personnel PU OSE: Aeerove Personnel Change of Status DEPARTMENT NAME EMPLOYEE NAME ACTION REQUESTED CLERK SELVARA, TAMMY RESIGNATION (This c S OFFICE CUTHBERTSON, ROGER D. NEW HIRE - FULL TIME SERVICES LATSON, JOHN RESIGNATION #d in Commissioners' Court: February 10, 2004 Judge's or Commissioner's Signature: py to be attached to minutes) VL ~'-z PA t55 ti Cooperative Agreement between The Office of the Attorney General of the State of Texas and Brazos County, Texas CONTRACT NO.04-CO181 & PURPOSE 1. This document encompasses local disbursement of non-IV-D 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 and its attachments (all of which are made a part hereof and expressly included herein) is entered into under the authority of Texas Family Code Section 231:002. The term "OAG Systems" when used in this Contract encompasses the OAG Child Support Case Management System (commonly referred to as TXCSES ) and the Texas Child Support State Disbursement Unit System (commonly referred to as STRADUS) including all of their subsystems, functions, processes, and security requirements. LD, LCS, ~ R_ 9/25/03 Page 1 of 40 VOL 6, PAGE 15(p J 1.51 2 Unless specified otherwise in this Contract, all procedures required to be followed by the County will be made available to the County on the OAG portal at http://portal.oag.state.tx.us. NTRACT PERIOD Contract shall commence on September 1, 2003, and shall terminate on August 31, unless terminated earlier by provisions of this Contract. 3 LOCAL DISBURSEMENT 3. County Responsibilities 3. 1.1 Accessing STRADUS and TXCSES 3.1.1.1 Work with the OAG or its designated agent to acquire, when needed, (at no cost to the County) from the OAG or its designated agent one personal computer, including the necessary software, to access the OAG Systems. The STRADUS web server is currently the designated OAG 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. OAG or its designated agent to obtain the database access required. County is responsible for connecting the hardware to its own county network and for the cost associated therewith. 3.1.1.2 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 OAG or its designated agent. 3.1.1.3 Should the County desire to retain their legacy case management system, whether in-house or vendor based, the County is required to maintain strict data synchronization with the OAG Systems. To accomplish this the County must demonstrate sufficient resources and ability to: ID, LCs, 9/25/03 Page 2 of 40 V L 64 PAGE i G7 3.1.1.3.1 receive and process into the County legacy system daily data updates from the OAG in ICDO50 format and 3.1.1.3.2 generate and transmit daily from the County legacy system to the OAG data updates from the County legacy system in ICDO21 format. 3.1.1.4 County will be authorized to implement the data synchronization process upon completion of demonstrated ability and a documented system test. 3.1.1.5 Should the County not desire to retain their legacy case management system or if data synchronization with the OAG Systems is not feasible the County shall enter all case/member information directly onto the designated OAG System. 3.1.1.6 The ICDO21 and ICDO50 computer file specifications and format will be made available to the County on the OAG portal. If these specifications change during the term of the Contract, the changes will be made available on the OAG portal and an e-mail notice of such availability will be sent to the County liaison. The County shall be responsible for implementing the changes to the electronic file specifications when and as required for OAG Systems processing. 3.1.1.7 To the extent necessary to fulfill its obligations under this Contract, County shall maintain, at no cost to the OAG, County hardware and software compatibility with the OAG Computer Systems and OAG file format needs, to include OAG software and OAG computer hardware and related equipment upgrades. OAG will provide County with as much notice as possible of intended OAG Computer Systems upgrades. 3.1.1.8 County is responsible for all the necessary phone lines. For those counties that do not have internet access, the OAG will ensure that internet service is established for at least one personal computer. However, if the County is not covered by a local Internet Service Provider local telephone coverage area, then the County is LD, LCS, 9/25/03 Page 3 of 40 VOL 52 PAGE 158 responsible for any unavoidable long distance telephone charges that occur. 3.1.2 Loss of Funds and Unfunded Disbursements County is responsible for all funds transferred to and received by County from the OAG or its designated agent, 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. 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 information from the TCPA "Unclaimed Property Reporting Instructions" necessary for OAG to fulfill its 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 "Unclaimed Property Reporting Instructions" can be found at http://www.window.state.tx.us/up/forms/96- 478.pdf. 3.1.4 Daily Recording 3.1.4.1 County shall follow OAG procedures for reporting and transmitting case and payment information and payment status on all relevant non-IV-D disbursements. LD, LCS, 9/25/03 Page 4 of 40 VOL 5A FAG-L 157 3.1.4.2 County shall record on its automated system all data required to support the local disbursement activities contemplated by this Contract. 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. If the 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. 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 OAG Systems in accordance with OAG procedures. 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, in accordance with OAG procedures, 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. LD, LCS, 9/25/03 Page 5 of 40 VOL 5a PAGE / 40 3.1.4.9 County shall employ OAG processes and procedures to resolve payment related inquiries between the County and the OAG where necessary. 3.1.4.10 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. 3.1.4.12 County shall electronically report by close of business the next business day the status of each payment received from the OAG for disbursement by the County using the file format and codes as specified by the OAG. This includes all paper and electronic transactions. 3.1.4.13 County shall electronically report by the 15' of each calendar month the status of each payment disbursed by the County for the OAG during the prior calendar month using the file format and codes as specified by the OAG. This includes all paper and electronic transactions. 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 from the OAG with the electronic disbursement file the County downloads from the OAG. 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. 3.1.6 Electronic Transmittal Procedures 3.1.6.1 The electronic files that County must receive and transmit for Local Disbursement are listed below. The computer file specifications and format to enable the County to process from or LD, L.CS, ~cR 9/25/03 Page 6 of 40 VOL S a PAGE / (v / provide this information in the manner required by the OAG will be made available to the County on the OAG portal at http://portal.oag.state.tx.us. If these specifications change during the term of the contract, the changes will be made available on the OAG portal and an e-mail notice of such availability will be sent to the County liaison. The County shall be responsible for implementing the changes to the electronic file specifications when and as required for Local Disbursement processing. 3.1.6.1.1 Non-IV-D Disbursement Advice, technical document name: Interface Control Document 014 (ICD014). 3.1.6.1.2 Non-IV-D Check Status, technical document name: Interface Control document 020 (ICD020). 3.1.6.2 County shall generate the non-IV-D disbursements and, if desired, record the IV-D payments on its automated system. 3.1.6.3 County shall produce an electronic file (ICD020) containing the status of all payments received from the OAG and disbursed by the county. For payments disbursed by the County, the file shall include check number, and ACH routing transit number or other defined electronic payment identifier. The file shall be transmitted daily to the OAG. 3.1.6.4 County shall track disbursements issued by the County, including electronic disbursements and record the status of each in a non- IV-D Check Status File (ICD020). Status as used in this subsection means: cashed, cancelled, re-issued, voided, stop payment, or unidentified or undeliverable and, in the context of electronic disbursements, not returned to the County by their financial institution. This file shall be transmitted each calendar month to the OAG no later then the 151 day of the month for disbursements issued by the County during the immediately preceding calendar month. 3.1.6.5 County shall track, log, and report monthly to the OAG all payments: 3.1.6.5.1 returned to the OAG due to mis-posting or mis- applied errors in payment processing and LD, LCS, 9/25/03 Page 7 of 40 VOL 5°2 PAGE 1 3.1.6.5.2 returned to the County on disbursement file cases due to County mis-posting or mis-applied errors in payment processing. 3.1.6.6 In the event of a failed transmission or if an unprocessable electronic file is produced, County shall correct the problem and retransmit within one (1) working day of notification by the OAG. 3.1.6.7 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. 3.. OAG Responsibilities _ 3.2.1 Access to STRADUS and TXCSES OAG will work with the County to make sure the County has one personal computer, including the necessary software, to access the OAG Systems. For those counties that do not have internet access, the OAG will ensure that internet service is established for at least one personal computer. However, if the County is not covered by a local Internet Service Provider local telephone coverage area, then the County is responsible for any unavoidable long distance telephone charges that occur. 3.2.2 Reimbursement 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 ($1.34) per LD, ics, 9/25/03 Page 8 of 40 VOL .5 Z PAGE /43 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 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 OAG or its designated agent will be made up by the OAG; provided that the shortage was due to OAG, OAG designated agent, 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. LD, L.CS, SCR: Page 9 of 40 VOLE PAGE / IOY 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. 3.2.3.5 Direct deposit disbursements by the County are not reimbursable under this Contract. The OAG shall not be liable to the County for reimbursement of direct deposit transactions initiated by the County. County shall notify the OAG of direct deposit recipients in order for the OAG to obtain authorization for the OAG to disburse funds to the recipient by means of direct deposit. 4 4.1 CUSTOMER SERVICE County Responsibilities 4.1.1 Accessing STRADUS and TXCSES 4.1.1.1 Work with the OAG or its designated agent to acquire, when needed, (at no cost to the County) from the OAG or its designated agent one personal computer, including the necessary software, to access the OAG Systems. The STRADUS web server is currently the designated OAG 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 OAG or its designated agent to obtain the database access required. County is responsible for connecting the hardware to its own county network and for the cost associated therewith. 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 LD, LCS, SCR Page 10 of 40 VOL 5.?- PAGE / 66 for maintenance and changes to its automated child support system, County must coordinate efforts between the County Vendor and the OAG or its designated agent. 4.1.1.3 Should the County desire to retain their legacy case management system, whether in-house or vendor based, the County is required to maintain strict data synchronization with the OAG Systems. To accomplish this the County must demonstrate sufficient resources and ability to: 4.1.1.3.1 receive and process into the County legacy system daily data updates from the OAG in ICDO50 format and 4.1.1.3.2 generate and transmit daily from the County legacy system to the OAG data updates from-the County legacy system in ICDO21 format. 4.1.1.4 County will be authorized to implement the data synchronization process upon completion of demonstrated ability and a documented system test. 4.1.1.5 Should the County not desire to retain their legacy case management system or if data synchronization with the OAG Systems is not feasible the County shall enter all case/member information directly onto the designated OAG System. 4.1.1.6 The ICDO21 and ICDO50 computer file specifications and format will be made available to the County on the OAG portal. If these specifications change during the term of the Contract, the changes will be made available on the OAG portal and an e-mail notice of such availability will be sent to the County liaison. The County shall be responsible for implementing the changes to the electronic file specifications when and as required for OAG Systems processing. 4.1.1.7 To the extent necessary to fulfill its obligations under this Contract, County shall maintain, at no cost to the OAG, County hardware and software compatibility with the OAG Computer Systems and OAG file format needs, to include OAG software and OAG computer hardware and related equipment upgrades. OAG will provide County with as much notice as possible of intended OAG Computer Systems upgrades. LA, .CC, SCR Page 11 of 40 VOt 5.1, PAGE 110~ 4.1.1.8 County is responsible for all the necessary phone lines. For those counties that do not have internet access the OAG will ensure that internet service is established for at least one personal computer. However, if the County is not covered by a local Internet Service Provider local telephone coverage area, then the County is responsible for any unavoidable long distance telephone charges that occur. 4.1.2 County Customer Service Unit Resources and Services 4.1.2.1 County shall provide the resources necessary to accomplish the following allowable categories of customer service activity: updates payment information, reports of domestic violence, payment records request. These activities include, but are not limited to,: 4.1.2.1.1 Researching non-IV-D payments that should have been but were not received by the OAG. 4.1.2.1.2 Researching non-N-D disbursements that should have been but were not received by the custodial parent. 4.1.2.1.3 Ensuring that payments on cases that have been redirected from the County registry to the OAG are no longer paid to the County but are paid to the OAG and that disbursements on such cases are no longer made by the County. 4.1.2.1.4 Entering updates on OAG Systems for new case and /or member information provided by the custodial parent, non-custodial parent, employer, court or attorney of record to the County. This includes but is not limited to address information, changes in custody, court order terminations of all types, child emancipation, multiple payees or payors, case deactivation and order transfers. 4.1.2.1.5 providing payment records to the court, the guardian ad litem for the child, the custodial and non-custodial parent and their attorneys, a person authorized by the custodial or non-custodial parent to have the payment LD, LCS, 5/03 Page 12 of 40 VOL 5-2, PAGE 10 history information, and a District or County attorney for purposes of pursuing prosecution for criminal non-support of a child. 4.1.2.2 The County Customer Service unit shall take inquiries and receive information by, but not limited to, e-mail, letters, phone calls, facsimiles and walk-ins. 4.1.2.3 Resources as used in this Customer Services Unit Resources and Services section include, but are not limited to, personnel, office space, equipment, phones and phone lines, and any County- specific IVR system. 4.1.3 Customer Service Unit Documentation 4.1.3.1 County shall track and make available, upon request of OAG, documentation regarding the inquiries received. LD, L.CS, SCR: 4.1.3.1.1 For inquiries handled by County personnel (as opposed to inquiries handled by a County-specific 1VR system) County shall document, at a minimum, the following information: the name of the person handling the inquiry, the name of the person making the inquiry, OAG case number and/or court cause number, County ID Number, NCP name, CP name, date of inquiry, and, as applicable, the following allowable categories of customer service activity performed: updates, payment information, reports of domestic violence, payment records request. County may, at County option, track and document inquiries received on OAG Systems using direct data entry. In any case County shall report to OAG Systems (by direct data entry or electronic file) that it received and has worked/is working a request for assistance and the OAG case number and/or court cause number. 4.1.3.1.2 For inquiries handled by a County-specific IVR system, the county-specific IVR system must be able to document an allowable category of customer service activity. The allowable categories of customer service activity are: updates, payment information, reports of domestic violence, payment records request. For inquiries handled by a County-specific Page 13 of 40 VOL 52 PAGE lVR system, County shall document, at a minimum, the following information: OAG case number and/or court cause number, County ID Number, NCP name, CP name, and date of inquiry. County shall also document the applicable allowable category of customer service activity that the County-specific NR system is capable of performing. A county report to OAG Systems is not required. 4.1.3.2 County shall follow OAG procedures relating to data integrity when accepting changes to case information i.e., procedures to properly identify the caller. 4.1.3.3 County shall perform the Customer Service Unit services using the following guidelines: 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. 4.1.3.4 County shall use OAG processes and procedures for forwarding inquiries between the County, and the OAG and the OAG's designated agent 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, 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 and time of the customer service complaint. County shall provide the log to the OAG by the 150' day of the month following the reporting month. 4.1.3.6 County shall establish quality assurance monitoring procedures and a system that will provide to the OAG sufficient information for evaluating the local customer service performance. The LD, ACS, SCR: Page 14 of 40 VOL 5J, PAGE 16 7 County quality assurance monitoring procedures and system shall be established within the first state fiscal year quarter after contract execution. Thereafter, the county shall perform quality assurance monitoring monthly and report the results to the OAG quarterly. Quarterly quality assurance monitoring reports shall be submitted to the OAG by the 15th day following the end of each state fiscal year quarter. 4.1.3.7 The electronic files associated with customer service activity that the County may receive and process are: 4.1.3.7.1 IV-D and Non-IV-D Collections, technical document name: Interface Control Document 012 (ICD012). 4.1.3.7.2 Non-IV-D Disbursement Data, technical document name: Interface Control Document 013 (ICD013). 4.1.3.7.3 IV-D and Non-IV-D Collection Adjustments, technical document name Interface Control Document 015 (ICD015). 4.1.3.7.4 Non-IV-D Case Data from Local Registries, technical document name: Interface Control document 050 (ICD050). 4.1.3.7.5 STRADUS and Local Registries Customer Service Activities, technical document name: Interface Control Document 035 (ICD035). 4.1.3.8 In the event of a failed transmission, or if an unprocessable electronic file is produced, county shall correct the problem and retransmit within one (1) working day of notification by the OAG. 4.1.3.9 County shall record on its automated system all financial data available from the OAG required to support the accurate dissemination of payment record information contemplated by this Contract or the County shall access, as needed, an OAG/TXCSES payment history record, as available, from the OAG "Consolidated Payment Record" application. 4.2 LD, LCS, SCR OAG Responsibilities 4.2.1 Access to STRADUS and TXCSES Page 15 of 40 Vot 5~ a OAG will work with the County to make sure the County has one personal computer, including the necessary software, to access the OAG Systems. For those counties that do not have internet access, the OAG will ensure that internet service is established for at least one personal computer. However, if the County is not covered by a local Internet Service Provider local telephone coverage area, then the County is responsible for any unavoidable long distance telephone charges that occur. 4.2.2 Reimbursement For Inquiries Handled by County Personnel 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. 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 LD, L.CS, SCR 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 Page 16 of 40 VOL 5a PAGE t 1 calendar month is equal to the number of inquiries handled by County personnel during the calendar month multiplied by a per inquiry fee of $2.995 per inquiry. Thus: (Calender Month Inquiries Handled by County. Personnel) ($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 nor does it mean multiple data entry to complete the update of multiple items of information which were reported at the same time. 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. LD, LCS, SCR: 4.2.3 Reimbursement for Inquiries Handled by a County-Specific IVR 4.2.3.1 In order to be reimbursed for handling customer inquiries received and answered through a County-specific IVR the County must first demonstrate to the OAG that the County IVR has sufficient controls to satisfy the requirements of Section 7.17 below and to assure that information is provided only to persons authorized to have access to the information. The County must also demonstrate that the County has successfully integrated SDU collections into their IVR to include adequate documentation confirming the daily integration of collections/disbursements (ICD 12, ICD 13 and ICD 15 are available for County use each day) received by STRADUS is present on the County-specific IVR for each month that County is requesting reimbursement for. Upon OAG agreement that sufficient controls are in place and that successful integration has occurred, county may invoice OAG for handling customer inquiries received and answered through a County-specific IVR. 4.2.3.2 County shall bill OAG monthly, on a form provided by OAG, for the customer inquiries received and answered through the Page 17 of 40 VOL 52. PAGE II)-- County-specific IVR during the preceding month. County shall submit invoices each month 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 4.2.3.3 The invoice shall contain the OAG Contract Number, identification of the services provided, the calendar month the services were provided, the location of the County-specific IVR, the number of inquiries handled by the County-specific IVR during the particular calendar month and a request for payment of the federal share of the County's contract associated cost for the particular month that the services were provided. The County shall also deliver, simultaneous with the mailing of its monthly invoice, to the OAG child support customer service portal an electronic listing of cases served. This electronic listing is deemed to be an attachment to and supporting documentation for the invoice. The electronic listing shall be structured in the same manner as ICD 35. The electronic listing shall include, at a minimum, OAG case number and/or court cause number, County ID Number, NCP name, CP name, date of inquiry, and the nature of the inquiry i.e. updates, payment information, reports of domestic violence, payment records request. County shall provide additional information and/or documentation as the OAG reasonably may require; provided that such information and/or documentation is available without having to program the County Specific IVR beyond the programming required by Section 4.1.3.1 above. County shall respond to any OAG request for additional information and/or documentation to support payment within seven (7) calendar days of receipt. The OAG shall process a properly prepared invoice (which invoice must also include a properly prepared, properly structured, timely delivered and readable electronic listing) for payment in accordance with the State procedures for issuing State payments and the Texas Prompt Payment Act. The County agrees that payment for any services not properly billed to the OAG within the next three billing cycles immediately LD, LCs, SCR Page 18 of 40 VOL 52. PAGE 1`73 following the month in which the services were provided is solely within the discretion of the OAG and that OAG may decline to pay for any such services. 4.2.3.4 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 by a County-specific NR during the calendar month multiplied by a per inquiry fee of $0.137 per inquiry. Thus: (Calender Month Inquiries Handled by a County-specific NR) ($0.137) (Federal Share) = OAG Liability. For the purpose of this subsection inquiry means one incoming request for assistance not the number of out-going calls or efforts needed to resolve the inquiry. 4.2.4 Limitation of OAG Liability 4.2.4.1 The OAG shall be liable only for contract associated costs incurred after commencement of this Contract and before termination of this Contract. 4.2.4.2 The OAG may decline to reimburse Allowable Costs which are submitted for reimbursement more than sixty (60) calendar days after the State Fiscal Year calendar quarter in which such costs are incurred. 4.2.4.3 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. 4.2.4.4 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 Documentation Sections above in accordance with the requirements of those sections. LD, LCS, SCR: Page 19 of 40 VOL 5--2, PAGE I rN 4.2.4.5 The OAG shall not be liable for reimbursing the County for any activity currently eligible for reimbursement as of right without the necessity for a prior existing contract e.g. sheriff/processor fees. Nor shall the OAG be liable for reimbursing the County for any activities eligible for reimbursement under another Contract or Cooperative Agreement with the OAG e.g. research activities related to completion of State Case Registry eligible cases. 5 5. ATE CASE REGISTRY County Responsibilities 5.1.1 Accessing STRADUS and TXCSES 5.1.1.1 Work with the OAG or its designated agent to acquire, when needed, (at no cost to the County) from the OAG or its designated agent one personal computer, including the necessary software, to access the OAG Systems. The STRADUS web server is currently the designated OAG 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 OAG or its designated agent to obtain the database access required. County is responsible for connecting the hardware to its own county network and for the cost associated therewith. 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 OAG or its designated agent. 5.1.1.3 Should the County desire to retain their legacy case management system, whether in-house or vendor based, the County is required to maintain strict data synchronization with the OAG Systems. To accomplish this the County must demonstrate sufficient resources and ability to: 5.1.1.3.1 receive and process into the County legacy system daily data updates from the OAG in ICDO50 format and LD, LCS, SCR: Page 20 of 40 VOL_5J, PAGE 1'15 5.1.1.3.2 generate and transmit daily from the County legacy system to the OAG data updates from the County legacy system in ICDO21 format. 5.1.1.4 County will be authorized to implement the data synchronization process upon completion of demonstrated ability and a documented system test. 5.1.1.5 Should the County not desire to retain their legacy case management system or if data synchronization with the OAG Systems is not feasible the County shall enter all case/member information directly onto the designated OAG System. 5.1.1.6 The ICDO21 and ICDO50 computer file specifications and format will bd made available to the County on the OAG portal. If these specifications change during the term of the Contract, the changes will be made available on the OAG portal and an e-mail notice of such availability will be sent to the County liaison. The County shall be responsible for implementing the changes to the electronic file specifications when and as required for OAG Systems processing. 5.1.1.7 To the extent necessary to fulfill its obligations under this Contract, County shall maintain, at no cost to the OAG, County hardware and software compatibility with the OAG Computer Systems and OAG file format needs, to include OAG software and OAG computer hardware and related equipment upgrades. OAG will provide County with as much notice as possible of intended OAG Computer Systems upgrades. 5.1.1.8 County is responsible for all the necessary phone lines. For those counties that do not have internet access, the OAG will ensure that internet service is established for at least one personal computer. However, if the County is not covered by a local Internet Service Provider local telephone coverage area, then the County is responsible for any unavoidable long distance telephone charges that occur. 5.2 LD, LCS, SCR: State Case Registry Activities 5.2.1 County shall provide to OAG new and modified court orders entered after the effective date of the Contract for Non-IV-D court order information relating to Suits Affecting the Parent-Child Relationship. Page 21 of 40 VOL 5~2, PAGE ) % 5.2.2 County shall use the original court ordered documents to obtain the relevant information for entry to the OAG Systems or may use a form completed by the District Clerk or local Registry's office that summarizes the relevant court ordered child support information. The OAG, at the County's option, shall work with the County to develop and implement this form. 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 for each custodial parent and non- custodial parent 5.2.3.6 date of birth for each participant 5.2.3.7 cause number 5.2.3.8 cause county code 5.2.3.9 start date of cause 5.2.3.10 order modification date 5.2.3.11 address lines 1, 2, and 3, City, State, Zip (custodial parent only) 5.2.4 Additional data elements defined in Interface Control Document Number 021 (ICD021) may be provided at County option. A copy of ICDO21 is available on the OAG portal. 5.2.5 County shall provide data elements and/or information updates to the OAG Systems for non-IV-D court orders signed on or after October 1, 1998. LD, L.CS, SCR: 9125/03 Page 22 of 40 at~L 52- PAGE 17? 5.2.6 County shall provide new order information within five (5) working days of completion of the hearing. 5.3 5.2.7 County shall provide update order information within three (3) working days of receipt. 5.2.8 County shall provide new and updated order information via electronic file in ICDO21 format from the county automated system or perform the data entry directly onto OAG Systems. 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 notification by the OAG. 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. OAG Responsibilities 5.3.1 Access to STRADUS and TXCSES OAG will work with the County to make sure the County has one personal computer, including the necessary software, to access the OAG Systems. For those counties that do not have internet access, the OAG will ensure that internet service is established for at least one personal computer. However, if the County is not covered by a local Internet Service Provider local telephone coverage area, then the County is responsible for any unavoidable long distance telephone charges that occur. 5.3.2 Reimbursement 5.3.2.1 OAG shall monitor County OAG Systems 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, 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 LD, WS, SCR: Page 23 of 40 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 LD, LCS, SCR: 5.3.2.4 The OA_ G 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-1V-D Court Order plus the number of Non-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-IV-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. Page 24 of 40 VOL 52 PAGE 07 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. 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. 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 6.1 LD, LCS, SCR: REQUIREMENTS Written Notice Delivery Any notice required or permitted to be given under this Contract by one party to the other party shall be in writing and shall be addressed to the receiving party at the address hereinafter specified. The notice shall be deemed to have been given immediately if delivered in person to the recipient's address hereinafter specified. It shall be deemed to have been given on the date of certified receipt if placed in the United States mail, postage prepaid, by registered or certified mail with return receipt requested, addressed to the receiving party at the address hereinafter specified. Page 25 of 40 VOL 90, AGE. 186 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 his/her 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: Cynthia Bryant (or her successor in office) Deputy Attorney General for Child Support Office of the Attorney General P.O. Box 12017 Austin, Texas.78711-2017 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 Inspections, Monitoring and Audits The OAG may monitor and/or conduct fiscal and/or program audits and/or investigations 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. County shall cooperate fully with the LD, LCS, SCR: Page 26 of 40 VOL, 5a PAGE 18 OAG, United States Department of Health and Human Services, Comptroller General of the United States, and State Auditor of Texas in the conduct of any audit and/or investigation including the providing of any requested books, documents, and records. County shall retain.all financial records, supporting documents, statistical records, and any other records, logs, audit trails or books relating to the performances called for in this contract. County shall retain all such records for a period of three (3) years after the expiration of the term of this contract, or until the OAG or the United States are satisfied that all audit and litigation matters are resolved, whichever period is longer. Reports or other information relating to this program prepared by the County or at the request of the County shall be furnished to the OAG within ninety (90) days of availability. The requirements of this Subsection shall be included in all subcontracts. 6 LA, LAOS, SCR: Reimbursement of Audit Penalty If funds are disallowed as a result of an audit finding contained in an audit (by County or County's independent auditor, the OAG, the State Auditor, the U.S. Department of Health and Human Services, the Comptroller General of the United States, or any of their duly authorized representatives) that County has failed to follow federal requirements for the IV-D program, then County agrees that the OAG may recoup its loss by withholding funds payable under this contract to the extent of the loss incurred by the OAG. Remedies for Non-Performance 6.4.1 Failure of the County to perform the contracted for services as required by this Contract shall be considered unsatisfactory performance. Any finding of unsatisfactory performance shall be communicated to the County in writing by the OAG Contract Manager. If the County wants to dispute the finding, a written dispute must be received by the OAG Contract Manager no later then fifteen (15) calendar days from the date the County received the written finding of unsatisfactory performance. The written dispute must detail why the County believes the finding is erroneous and must contain all supporting documentation. The OAG Contract Manager will review the dispute submission to determine the validity of the original finding of unsatisfactory performance. The determination of the OAG Contract Manager shall be final and shall conclude the review process. The OAG Contract Manager's determination shall be communicated to the County in writing. If a written dispute of the original fording of unsatisfactory performance is not received by the OAG Contract Manager by the time set forth above, the finding of unsatisfactory performance shall Page 27 of 40 VOL 5a PAGE 19~ be deemed validated and the County shall have waived its right to dispute the finding. 6.5 LD, LCS, SCR: 6.4.2 If the finding of unsatisfactory performance is validated, the County shall be requested to provide the OAG Contract Manager with a corrective action plan. A corrective action plan, acceptable to the OAG Contract Manager, must be provided within a reasonable time period as specified by the OAG Contract Manager. Failure to provide an acceptable corrective action plan within the specified time period shall result in a withholding of payments due to County under this Contract until such time that an acceptable corrective action plan is provided. 6.4.3 If the County does not return to satisfactory status within four months of receiving notice that an unsatisfactory performance finding has been validated, OAG may withhold payments due to County under this Contract until the County is once again performing satisfactorily. If the unsatisfactory status persists for a total of six months after receiving notice of the validated unsatisfactory performance finding, OAG may terminate this Contract (in accordance with the Termination Section below) without payment to County for any costs incurred by County from the time that OAG commenced withholding payments due to County being in an unsatisfactory status. Where payments are to resume due to County having provided an acceptable corrective action plan or having attained satisfactory performance status the first payment after resumption shall include all costs accrued during the period when payments to the County were withheld. Training on OAG Systems Training on OAG Systems will be provided upon request from the County, by the end of the quarter following such request, by OAG Regional Trainers at each of the OAG Regional Training Centers. Any county staff performing functions under this Contract must attend this training. County shall be responsible for any and all costs associated with this training, including, but not limited to, costs for travel, lodging, meals and per diem; provided, however that the OAG shall be responsible for the cost of training materials and equipment required to complete the training class. OAG will publish training schedules on the OAG portal. County is responsible for scheduling the training with the OAG and shall direct training requests to: Page 28 of 40 VOL 5Z PAGE 183 Larry Acevedo Office of the Attorney General Mail Code 053 P.O. Box 12017 Austin, Texas 78711-2017 email address: Larry.Acevedo@cs.oag.state.tx.us 7 T2MS AND CONDITIONS 7. Assignment 7 7.3 LD, LCS, SCR 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. 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. 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. Page 29 of 40 V L 5,D, PAGE 194 A Civil Rights County agrees that no person shall, on the ground of race, color, religion, sex, national origin, age, disability, political affiliation, or religious belief, be excluded from participation in, be denied the benefits of, be subjected to discrimination under, or be denied employment in the administration of, or in connection with, any program or activity funded in whole or in part with funds provided by this Contract. County shall comply with Executive Order 11246, "Equal Employment Opportunity" as amended by Executive Order 11375, "Amending Executive Order 11246 relating to Equal Employment Opportunity" and as supplemented by regulations at 41 C.F.R. Part 60, "Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor." County shall ensure that all subcontracts comply with the above referenced provisions. 7. 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. LD, LCS, sc 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. Compliance With Law, Policy and Procedure County shall perform its obligations hereunder in such a manner that ensures its compliance with OAG, policy, processes and procedure and all state and federal laws, rules and regulations. County shall assure, with respect to County's Page 30 of 40 ►0 6D_ FA GE . 3-5, 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. County understands and agrees that from time to time OAG may need to change its policy, processes or procedures and that such change shall not entitle County to any increased cost reimbursement under this contract; provided, however, that County may exercise its right to terminate the Contract in accordance with the Termination Section below. OAG shall provide County e-mail notice of any change in OAG policy, processes or procedures. Legislative Appropriations All obligations of the OAG are subject to the availability of legislative appropriations and, for federally funded procurements, to the availability of federal funds applicable to this procurement (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 LD, L.CS, 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. 9/25/03 Page 31 of 40 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. 7. 7 10 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. 11 Date Standard Four-digit year elemenUs 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." 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. 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. 7.1 ~ Headings The headings for each section of this Contract are stated for convenience only and are not to be construed as limiting. 7.1 ~ Dispute Resolution Process for County Breach of Contract Claim LD, LCS, SCR: /25/03 Page 32 of 40 7.15.1 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. 7.15.2 County's claim for breach of this contract that the parties cannot resolve in the ordinary course of business shall be submitted to the negotiation process provided in Chapter 2260, subchapter B, of the Government Code. To initiate the process, the County shall submit written notice, as required by subchapter B, to the 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. 7.15.3 The contested case process provided in Chapter 2260, subchapter C, of the Government Code is the County's sole and exclusive process for seeking a remedy for any and all alleged breaches of contract by the OAG if the parties are unable to resolve their disputes under the immediate preceding subsection. 7.15.4 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. 7.15.5 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. 7.15.6 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. ID, LCS, SCR: Page 33 of 40 7. 6 Security and Confidentiality 7.16.1 Security and Confidentiality General County shall comply with all applicable statutory and regulatory provisions requiring that information be safeguarded and kept confidential. These statutes and regulatory provisions include but are not limited to 42 U.S.C. 653 and 654; 45 CFR 307.10,307-11 and 307.13; 26 U.S.C. 6103 (IRC 6103); IRS Publication 1075 (Rev. 6-2000) and §231.108 of the Texas Family Code, each as currently written or as may be amended, revised or enacted. County shall also comply with OAG policy and procedures concerning the safeguarding and confidentiality of information, and computer security. OAG, in its sole discretion and without consulting County, may immediately terminate any County employee's or contractor's access to the OAG computer system. County shall immediately notify OAG when any person authorized by County to access the OAG computer system is no longer authorized to have such access including, but not limited to, reassignment, or termination. Should County, its officials or one of its employees or contractors make any unauthorized inspection(s) or disclosure(s) of Title IV-D information, or violate OAG policy or procedure concerning the safeguarding and confidentiality of information, and/or computer security (including, but not limited to, the safeguarding and use of passwords) this Contract may be immediately terminated by the OAG. The County shall immediately notify the OAG Contract Manager upon the discovery of any breach of physical, information or computer security, including, but not limited to, unauthorized access to information or computer systems and unauthorized use of passwords. The County shall provide a written report of all information available to the County relating to the security breach to the OAG Contract Manager within twenty-four (24) hours of the discovery. County will take care not to disclose information provided by OAG including particularly to any legislative body (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 LD, LCS, SCR: Page 34 of 40 VOL S-2, PAGE 189 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 (FTl) 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 the payment history information, and a District or County attorney for purposes of pursuing prosecution for criminal non-support of a child. County stipulates that all non IV-D and/or IV-D information is confidential and 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. 7.16.2 IRS Information County shall have limited access to certain information that is from the Internal Revenue Service. Under the Internal Revenue Code, this information is considered Federal tax return information, for which unauthorized access or disclosure carries civil and criminal penalties, more specifically described later in this Contract and the attachments hereto. Therefore in performance of this Contract, County agrees to comply and assume responsibility for compliance by its officials, employees, and subcontractors with the following requirements: 7.16.2.1 All work shall be performed under the supervision of County officials or County's responsible employees. 7.16.2.2 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 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. LD, LCS, SCR: Page 35 of 40 VOL 5~ PAGr 19~ 7.16.2.3 Should a person (County or subcontractor) or one of his/her officials/officers or employees make any unauthorized inspection(s) or disclosure(s) of confidential tax information, this Contract may be immediately terminated by the OAG. LD, WS, SCR: 7.16.2.4 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 a purpose or to an extent unauthorized herein constitutes a felony punishable upon conviction by a fine of as much as $5,000 or imprisonment for as long as 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 disclosure of returns or return information may also 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 IRC Sections 7213 and 7431 and set forth at 26 CFR §301.6103(n). 7.16.2.5 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 Page 36 of 40 VOL 5.), PAGE l i 1 damages, plus the costs of the action. The penalties are prescribed by IRC Sections 7213A and 7431. 7.16.2.6 Additionally, it is incumbent upon 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. 7.16.2.7 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 County and its subcontractors 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 Counts, or its subcontractors are found to be noncompliant with security information safeguards. 7.16.3 Limited Use Or Release Of Information Information provided by the OAG to 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 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, where appropriate, the IRS. 7.16.4 Protection Of Information 7.16.4.1 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 LD, LCS, SCR Page 37 of 40 VOL . n PAGE 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. 7.16.4.2 Whenever possible, computer operations must be in a secure area with restricted access. In situations such as remote terminals, or office work sites where all of the requirements of a secure area with restricted access cannot be maintained, the equipment shall receive the highest level of protection that is practical. The following security requirements shall be met for FTI. All FTI shall be locked up when not in use. Tape reels, disks or other magnetic media shall be labeled as FTI 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. 7.16.5 Security Agreements And Training 7.16.5.1 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. 7.16.5.2 County agrees that it will annually provide its employees, and when applicable its subcontractors, with such security statements or revised security statements and forms as deemed appropriate by the OAG. 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/or 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 County has given the signed original Statement of Responsibility form to OAG IR Division. LD, LCS, SCR: Page 38 of 40 VOL 5.)- PAGE 11-3 7.16.5.3 County agrees that it will annually provide its employees, and when applicable its subcontractors, with the IRS notification form and return said form with original signatures to OAG IR Division. The current version of the form is provided at Attachment C. Should the form be revised the OAG shall provide 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 accessing STRADUS and/or TXCSES. Additionally County agrees to post promptly in all work areas the IRS notice contained in Attachment D. 7.16.6 Survival of Provision The obligations of County under this Security and Confidentiality provision shall survive this Contract. 7.16.7 Inclusion in all Subcontracts The requirements of this Security and Confidentiality provision shall be included in all subcontracts. 7. 17 Survival of Terms Termination of this Contract for any reason shall not release the parties from any liability or obligation set forth in this Contract that is expressly stated to survive any such termination or by its nature would be intended to be applicable following any such termination 7.: LA L.CS, SCR: Applicable Law and Venue County agrees that this Contract in all respects shall be governed by and construed in accordance with the laws of the State of Texas, except for its provisions regarding conflicts of laws. County also agrees that the exclusive venue and jurisdiction of any legal action or suit brought by County concerning this Contract is, and that any such legal action or suit shall be brought, in a court of competent jurisdiction in Travis County, Texas. OAG agrees that any legal action or suit brought by OAG concerning this Contract shall be brought in a court of competent jurisdiction in Brazos County. All payments under this Contract shall be due and payable in Travis County, Texas. Page 39 of 40 VOL 5a PAGE M THIS Office Cynthia Deputy, LD, LCS, SCR: 9/ 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 7.20 Attachments 7.20.1 Attachment A: OAG Information Security Policy Manual 7.20.2 Attachment B: OAG Statement of Responsibility 7.20.3 Attachment C: IRS Notification Form 7.20.4 Attachment D: IRS Notice 7.20.5 Attachment E: Certification Regarding Lobbying ►NTRACT IS HEREBY ACCEPTED Attorney General Brazos County General for Child Support The Hon able andy Sys Coun udge, Brazos County Page 40 of 40 VOL0.1- p,4GE 195 Attachment A Information Security Policy Manual VOL 5a PAGE ~~lv June, 1999 1 THIS PAGE INTENTIONALLY LEFT BLANK VOL 5.2 PAGE 197 2 0. Excutive Summary 4 1.0 1.1 June, 1 5 n Policy: Scope of Policy: 5 Issue-Specific Policy: 5 1.3.1 Use of OAG Information Resources: 5 1.3.2 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 Integ[jV : 6 1.3.6 E-Mail:..... 6 1.3.7 Co t : 6 1.3.8 Personal Hardware and Software: 6 1.3 9 Shareware and Freeware : . 1 3 10 Asset Protection: 6 . . 7 1.3.11 Voice/Phone Mail: 7 1.3.12 Data Encryption and Key Mana ement 7 1.3.13 Security Awareness : 7 1.3.14 Risk Analysis and Risk Management: 8 1.3.15 Contin ency 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 1 VOL 5a PAGE 179 3 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 b 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 employee 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) comp ohensive documentation of the current information security and contingency planning policies as determined by management; 3) educa n for the users on the proper usage of OAG information assets; and 4) legal r*mifications 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 ffV AN) in the State of Texas. Our network is now tied to the Internet, and other State and federal ag ties as required. Information Asset Protection and Disclosure As techno 'gy becomes more prolific, the chance of OAG information assets becoming destroyed, modified r disclosed, either intentionally or inadvertently, becomes more prevalent. The Texas Administr 've Code I TAC 201.13 (b) indicates a required classification and ownership methodol gy under the Texas Public Information Act. Security Awareness Program A compre ensive 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 P Iicy Manual and associated procedures in his or her respective area. Continge q Planning Finally, the: OAG is charged with providing a comprehensive contingency plan and disaster recovery procedure 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 resumptio planning. June, 1 4 VOL 5a PAU 1 71' 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 inf rmation within the OAG. 1.311 Use of OAG Information Resources: I 1.3 1.3 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. 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. 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. 1 1999 VOL 5A PAGE. X00 5 1.3.14 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 Inte city: 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.}5 E-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 Co t: OAG information assets shall not be used to produce illegal copies of copyrighted information. Illegal 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.$ 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.? Shareware and Freeware• Shareware and freeware will not be loaded or otherwise used on OAG systems unless specifically approved by the Information Resource Manager. June, 1999 V 0 L 5-) PAGE_~° l 6 1.P.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 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. 1.4.11 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 with official State business, is kept to a minimum duration and frequency, and is not political in nature. 1.3. 12 Data Encryption and Key Mana ement• 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). 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. June, 1999 VOL 5a PAGE a0 a 7 T 1114 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. 1.3.11 5 Cont~v Planning: 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). 1.3.1 P 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. June, 1999 VOL 5a PAGE ao 8 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. 113.19 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 (F1PS PUB 1.12), 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. 1.,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 criminal action is suspected, the agency must contact the appropriate local law enforcement and investigative authorities immediately. 1.1:21 Data Communications Svstems 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. 1.1.22. 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. 1.31.23 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. June, 1 VOL 5;~ PAGE -41 14 9 1.1.24 Warning Statements: System identification screens will be provided at the time of initial logon to the mainframe or LAN/WAN. These screens will provide the following warning statements: (i) unauthorized use is prohibited; (ii) usage may be subject to security testing and monitoring; and (iii) abuse is subject to criminal prosecution. 1.31.25 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. 1.3126 Statement of Responses All OAG personnel shall be required to provide written acknowledgment that they have received, read and understand the Information Security Policy Manual. 1.3.F7 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.p 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. June, 1999 10 V 1 5'a PAGE X05 II 1..29 Positions of Special Trust The OAG will establish procedures for reviewing information resource functions to deterniine which positions require special trust or responsibilities. June, 1999 VOL 5-1- PAGE ~O(P 11 Attachment B Name Position Work L( County or Company Employed By Work Location (County) ii information maintained in the files and records of the Child Support Division are ial. The unauthorized use or release of the information can result in criminal prosecution authorized personnel may add, modify and/or delete information. in tax or tax TzCSDU STRADUS WEB-AUTOMATED COMPUTER SYSTEM ACCESS STATEMENT OF RESPONSIBILITY understand that the information concerning any persogg customer or client that may come to my ale using the computer system of the TxCSDU or TXCSES or any other OAG computer shall be held fidence and ma not be disclosed exce t as used exclusively for purposes directly connected the ' Prog~ and the OAG Confidentiality Policy and Procedures. ig the above, I understand that iznay not disclose to any individual or agency any federal tax return or Lion. I further understand that it is unlawful to offer or receive anything or return information Such unauthorized disclosure or exchanuonisle byxfine up toor nson rent u to 5 i without a `need o botal federbealrm~isdemean i npunisliable byyI no more thaAn oneysearg federal or a S 1000 fine or b70r~ coof r abe civilly ims es onot less than x1000 per violation, together with costs of lee 7431 of the Internalevenue Code. i also understand that I may not release information to any committee or legislative body (federal, state or local) that identI name or address any such applicant or recipient of services. Use of such information ~y a local government component thereof for any other purpose, including but not limited to, collecting a fee is prohibited. I understand t I may not ppeerform work, update or otherwise act to obtain information upon my own, or any relativ ' , friend's, or business any ins hild sppport case regardless if the case is open or closed. My failure to coy with the OAG Confidentiality Policy wrIloresult in immediate termination of m computer access. I also hugunde d that a violation will be reported to in supervisor or other ap ropriate personnel in my agency for disciplinary a on, which may include termination and/or referral for prose on. In additionn,, ' pli vable, I understand that the computer password(s) I receive or devise is confidential, and must not be disclo fo anyone. I understand that it is my responsibility safeguard by It to be view anyone. I understand that I am responsible for mputer transa rnctcians performed through misuse of my passwo s). jdce ad aut hter Z ipment a dersa ationof state and federa I also unde d 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. S Ft ar federal statutes may also be applicable. I certify that I erstand that any ce yrighted material, including but not limited to commercial computer softwarewhich may be e available to me for use by the OAG is rotectW by cop ght laws and is not to be copied for any reason wi written permission from a owner of tfiie copyright and tthhe OAG. . By signing thi tement I certify that I: • agretita bide by all written conditions im sed by the OAG regarding information security; • unde d my responsibilities as descri • have v read and understand the OAGbesecurity information policy manual- and • if aple, Ihave read all applicable software licenses and agree to abide by alb restrictions. SIGNATURE: L 10 TXCSES VOL 5 2, PAGE k0 ~ .TE: I ATTORNEY GENERAL OF TEXAS GREG ABBOTT CHILD SUPPORT DIVISION Attachment C IRS INFORMATION DISCLOSURE LIMITATIONS It is unlaWU for any person willfully to disclose rah return r return information, or any information therefrm.pSuch ction is punishable by fine up to $5,000 imprisonment up to 5 years, -or both, together with costs of prosecution. See section 7213 of the rnal Revenue Code. In addition Internal Revenue Code section 7431 provides for civil damage, of not less than $1000 per violation for knowing or negligent plus in case of a willful disclosure or a disclosure which is theresult f gross negligence, punitive damag plus the costs of the action. It is unhwful for any person willfully to offer any item of material value in exchange for any return or returii information and to receive as a. result of such solicitation any such return or return informs On. 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 for any person willfully to inspect, except as authorized informs sin. Such action is punishable by a fine up to $1000 or imriso ment up to y earror both, together 'th the costs of prosecution. See section 7213A of the Internal Revenue Code. In addition Internal venue Code section 7431 provides for civil for lino or n h gent ins damages of not less than $1000 per violation 49 g g pection of such information plus in the case of a willfW inspection or an Inspectio which is the result of gross negligence, punitive damages, plus the costs of the action. I acknow edge that I am aware of the above civil and criminal liabilities. Printed ndxne Signature Date VOL 5 3- PAGE ')-'IS ATTORNEY GENERAL OF TEXAS GREG ABBOTT C H I L D S U P P O R T D I V I S'I O N Attachment D WARNING DISCLOSURE LMMATIONS It is Such $10001 case of punitiv lawful for any person willfully to disclose, print, or publish, except as 4ed, any Federal return or return information, or any information therefrom. :tion is punishable by fine up to $5,000 or imprisonment up to 5 years, or both, r! with costs of prosecution. See section 7213 of the Internal Revenue Code. In ill Internal Revenue Code section 7431 provides for civil damages of not less than Cr violation for knowing or negligent disclosure of such information plus in the willful disclosure or a disclosure which is the result of gross negligence, D; damages, plus the costs of the action. It is un wful for any person willfully to offer any item of material value in exchange for any teturn 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 impris ment up to 5 years, or both, together with costs of prosecution. See section 7213 of the Internal Revenue Code. It is uc return impris 7213A which awful for any person willfully to inspect, except as authorized, any Federal r return information. Such action is punishable by a fine up to $1000 or ament up to 1 year, or both, together with the costs of prosecution. See section (the Internal Revenue Code. In addition Internal Revenue Code section 7431 i'for civil damages of not less than $1000 per violation for knowing or negligent m of such information plus in the case of a willful inspection or an inspection the result of gross negligence, punitive damages, plus the costs of the action. VOL 5a 'AGE d,61 Attachment E CERTIFICATION REGARDING LOBBYING DEPARTMENT OF HEALTH AND HUMAN SERVICES ADMINISTRATION FOR CHILDREN AND FAMILIES PRO ATTORNEY GENERAL OF TEXAS L ` 1 u,, ~ PERIOD: September 1, 2003 to August 31, 2005 The undersig (1) No Fe any p Memt in con of any (2) If any influei an off Feder; (3) certifies, to the best of his Dr her knowledge and belief, that: xferal appropriated funds have been paid or will be paid by or on behalf of the undersigned, to rson for influencing or attempting to influence an officer or employee of any agency, a of Congress, an office or employee of Congress, or an employee of a Member of congress e*ction with the awarding of any Federal contract, the making of any Federal grant, the making {federal loan, the entering into of any cooperative agreement, and the extension, continuation, 1, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. ds other than Federal appropriated funds haven been paid or will be paid to any person for ifng or attempting to influence an office or employee of any agency, a Member of congress, or employee of Congress, or an employee of Member of Congress in connection with this Contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit i' Form LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. The un ersigned shall require that the language of this certification be included in the award docum s for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, oans, and cooperative agreements) and that all subrecipients shall certify and disclose accord' gly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or en *red into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section 1352, Title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. Signature Date Page 1 of 1 VOL 5 a PAGE alD cn C? Lf) C O N_ c) Lu N m e} O F- o Q Z_ c J 0 N Q W LO F- N O co O 00 oooo0o0oooooooooooooooooooooooooooooo Z o0 0000000000000000000000000000000000000 F- 0 0 CD In o to 0 0 o o o o o o (n 0 0 0 o o o o o o 0 0 0 0 0 0 0 0 o o 0 o o o o o 0 ONE!]LO totototototo (M LO n00CD 0000mO00LO 00otomCD 0tntntoLO O O N , L Q ~ C l! N N N N N N N N N L n L Q L Q (0 m m U Z m m m O m m t~ 0 m m O O M O (A N N r r r r r r '7 -V M O N c- V O WZ V Y o o ;o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 ' X LL Z OO .O o 0 0 0 0 0 0 O 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 ~ D YJ di, o o LoLn :O O O O o o o o O o O O O o O o O O O O O O O O O O O O O o o O O O O O O it-)Lo Lo nLo Lo LnLo Lo LnLo LnU')000000OMOOOOOOO0LO 000UnLO LnLn .-j LL N N N N N "N. N N N c q, N C\! N N LO L n t n m m Cl) O m m m m O m m m 90) m m O O co- co- (f) ZW no r Y O :D W * rJ(n N o O '.O o O o O o 0 o 0 0 0 o O O O o 0 0 0 o o o 0 o o o o o 0 0 0 o o o O o o ' 0 0 0 (0000 00 00 O r-000 O 000 000 t- 00 00000 O 1-000000 Ja W m ".O (Dm W (DN NN N r fit` OoN m lh t-0 t-- r r t-- r r r-- 0 t-- t-- t- t- r ' ' J ~N ,m mCO M(O to tnmmm NMap f~Nm~Ct h W McD~~MCOmO Ct ~COm m r00 M C\! P-- m0~ V NCOM00mN rmmOcOCOmO m0'-- ~Ln r- CO - M M r N r- e- M } 9 d' ~ LL a 0 Q Z m } W 00 '0 O O O O O O O O O O O O O o 0 0 0 o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 M O O O O O o 0 0 0 0 0 0 0 0 0 0 0 0 O 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 O 0 O o 0 Y' Z (0 W W mm m(0(06 m w N N N N r- t- t-- t,- O o V r-- t--I-- t- t- f-- I~f- I- I- h t-- 1-h-1-t-- f- I- I- O W m Za' 00N '.N co ~co co NNmm~ NM(0 f-1"7 <t V N~ 00~ M(0 to u') 00(000 V ~I'mc0 ~ CO ZS t-00 m t` 00 m O 0000 m Omm 0 NN _N 00m 1- 0) 000 co mO O -mm - - W v Y . . r- . 2 o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 000 *0 99 0 0 0 0 0 0 0 0 0 0 0 0 0 0 999 w d U a J a O O m ~ O N 0 0 0 0 0 0 0 0 f- O o O o 0 0 C\j m m m m m m m m m m m m m m m m m m m m rn m T m rn ° O m m N F X F ( 0 Q i ' ' j O N O h p ( 0) Z Z Z Z Z Z Z Z Z Z Z Z Z Z Z Z Z Z Z Z c, ~M W w pt- O F- ' ` ~ (n XLL p O - 0 r F- m p O S LL w z O O O O O O O O O O O O O O O O 000 C) CI Q O 00 0 0 0 0 0 0 0 0 0 0 0 0 0 0 00 O . ) Q N O co z U Z F- U) 0 t0 rnrn O O O O O O O O O O O o tO 0 0 m N M M M m [t m O (D ~ M m m m m m m m Co m m m m m m m m m m m m - (7) CD CF) CT) mm0'-rnrnON NNN O Q Z Z Z Z Z Z Z Z Z Z Z Z Z Z Z Z Z Z Z Z Z F- ~ o 0 000C)OooooocDooo00000000000000C)OO0000 0 0 w o0 otnoooooooo(goooooooooo(ooooooooo(ooooo00 M ' J 0 N M m m o N O 0 M o N N w w N m V' N LO to 0 0 In O N N o M o N N C' W N m V h m mrnN Mmm V " m O F' F V V v l f IQ n V v 00 cl! m m m 0 w 7rnmmtO0C a~mmrnM mrno mo--v(o O M M Mo M o 1 Q a W g O M ~ M - M M N N c- - M J LL W ~ ~ ~ r ° J 1 U. J 0 Ln Q _ D a O O O O ° 0 0 0 0 0 0 0 0 0 0 0 O O O O o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 _ > rn w . 0 o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 CD w O to V tO 0 0 co O N N m m m 0 `7 N LO LO to O m r m W O M O N N m m m m T M M m(0 - l Z U -a Q m f- Z m cs 00 (O CO • ) N O LO LO m i~ f~ rn m N N CO m N 0) O1 tO 00 m m N N M O C N N m tO m C r rn n m o m m m O m rn O M M m co rnC\IM m m M O moo rn O rn rn 0 N a a t z 7 a co m 0 m m m m m m m m m m m m m m m m m m m m m m m m m m m m m m m m m m m m g P O Z Z Z Z Z Z Z Z Z Z Z Z Z Z Z Z Z Z Z Z Z Z Z Z Z Z Z Z Z Z Z Z Z Z Z Z Z Z Z LLI J w Z d F- m m m m m m m m m m m m m m m m m m m m m m m m m m m m m m m m m T2 P- T Y m m Z Z Z Z Z Z Z Z Z Z Z Z Z Z Z Z Z Z Z Z Z Z Z Z Z Z Z Z Z Z Z Z Z Z Z Z Z Z Z Z F D n. U it u 'A mmm000*0 OD m(O m co m mmebm mCO N w # # m 00 m # # # # # # # # # # # # # # # m m m OD m m 00 m m m m m m m m m 00 2 2 2 S Z S= S S 2 2= 2 2 2= S 2 2 S N w p O O LL LL C7 C~ C7 W W W lL W LLI. 0 0 U' 0 U` (D U' U' 0 U' (7 U` U' U' U' U' U' IL IL W W W W W - W W LLI W w F- W LU O O 7 O O D D J D O O O D Z) O O O O O~ _ _ _ 0 I n(n n(n~(/~(n n n(n n(n n(n(ncn(n(n(n00000000000000000000 w z Z inin inv~(nuininZ75 in(nvin(nmv~(nvv~wrYrY~w w w w~w w w w~~~cL~w~ OQo LLI V V ;T ;t N N ED ° J Q- O Q W N (O N N N X X V N N (0 O V N m N N N N N N m O V N N <0 O O N W O V O V N X X e- N N X r- N N e- N N X X X X X- C m J U W ae W O W W ~ N N N X b N N X X X X X X X X X X X X X X X - - - - N N N N Z> Z X X - N - - - X X- X X X X X X - N N N N N _ _ _ _ in m m m (D (D W m m 00 00 U) 0 m co - X X X X co m co m m (0 m m co X X LL W X X X'X x x x x X x x x X X X X X X X X X X X X X X X X X X X X X X L> N O V - Q p W ihM ih ih v vvvvv vvvvv v(D iom Cl) rtvvvvv v v v v v v v(0 U c p o° '.o00° 0 0 0 0 0 O o 0 0 0 0 0 0 0 0 0 0 0 o 0 o o o o o o o o o o o o o ° ° ° ° ° ° ° ° (wj ° 2 W o o o 0 0 0 0 o o o o o o o o o o 0 0 o o o o 'o ° o o o o o o o o° o 0 0 - ~ w Ow LL y.- _ - m- - .-ri M~ Mv.-~o `o 0 ~ m VOL 5a PAGE D-It Q W Q W Q Z U) F- 0 a W F- O S F- w w a w a w = LL U) Q m O J ~ ~ N W D Q = C7 w >H ~ > Q ~ w < Q a Of U) O ~ LLI J Q' O LL } m ~ O Z a 0) Z) O Q O 4. J a Y Q r ~ J 0 ~ U W U ~ Z_ d ~ U) O J Z J Q 0 co W Q U W Z Z Y Z W W J Y . Z N U O w a N W w N J _J Q LU Z Z LU Y O a o O ~ U a w N Z O H Q O Z w 0 U W w D W a p J Q O W. a a a J O w a IL a w D O U ti r O 0 0 N Z O J M Q tl) O O N Q ui LL O 0 KV Ln T- Q W LL. J Q 60 m Z 0 07 co J z 0 LL O . t M ~n rn (D c~ Z N °a o LLI M 0 > Z W Z W = to ~ m w J O o 00 t~ o rn (D M Y Z O U- 0- 'It M U) d CV co CD Z W (n O m } o o 0 0 0 0 0 0 0 0 L) 6s z 0 0) CD CO C:) CO c, 'It 00 Z J z O D a ~ ~ 0 Z W p N M Z O o o O 0 O 0 O 0 O N x Q W en, ~ m w CL ~n rn ~t rn J Q O 0 0 0 CD oo 5 w ~j 0 0 0 0 N 0 `n (D 0 0 (D 0 }Q Z Z z z Z 0 Z O 0 0 0 0 0 Z G. N N M M M > D D Z) M m J o m m m CO o 00 80 bo eo co C/) o w ° O uj U W Z Q > 0 C ~ ~ W ~ m O o of o U- CO O W U- U Ow > co Q wQ af F_- W w w a zz F_ O W Q m 0U- U U -J Q k- Z> D F- U) co ZZ = ~ - H 00 U- w W 0 CO iv -,O co 0 D~ W Q J Q O w W (n Fa-- 0 (n ~ ~ m 0 ~ U J Ur J Z Q Q W U) ci~ Q w Z J O w I Y U 00 0 Z Z W w> Q' Q Z, a0 Q Z J O Q ui O Q z a J LLI CL Q ; 0 0 C) D W 0 m w U Q VOL 5a PAGE ~(a Commissioners Court Agenda 10 February 2004 Page 2 10. 11 intment of Ronnie Jackson to the Board of Trustees for the Mental Health Mental tion Authority of the Brazos Valley. Appointment term will be 1 March 2004 through uarv 2006. 28 F of Tax Refund Applications for the following: a. George E. Chambers b. Homer L. Jr. & Rhonda J. Daniels c. Marilyn Sue Wallace Ferguson d. Geoffrey T. Fosgate e. Curtis L. & Jacquelyn J. Green f. Richard W. & Joyce A. Hickman g. Michael Charles & Kendra L. Lundy h. Bradley Alan Pence & Jacquelyn Ozment Pence i. Roy & Bettye Pool j. David A. & Maki Smith k. Brent A. & Wendy L. Sowell 1. Luella M. Stringer 12. Appr+val of Brazos County Proclamation 04-002 establishing 11 February 2004 as "2-1-1 Day" in Br os County. 13: Appr val of Brazos County Proclamation 04-003 establishing Walk Across Texas, an eight week physi al activity program from 28 February thru 24 April 2004 with the goal of increasing our physi al activity; sponsored by Texas Cooperative Extension. 14. of the following Blanket Purchase Orders: a. Hogan, Susan-- $1,000.00 (District Attorney) b. Lowe's $1,000.00 (Building Maintenance) c. White, Carol-- $1,000.00 (District Attorney) d. Dealer Electric $3,000.00 (Building Maintenance) e. Ritz Camera $1,000.00 (District Attorney) f. Kinko's $1,000.00 (District Attorney) g. Bryan 800 $4,200.00 (Sheriff's Office) 15. Re( Ex] 16. Re( Kei 17. Rei Kei 18. Re( the 19. Re( 20. Re( by Purchasing for permission to reject all bids on Bid #2004-002, Clearing of the >n Land. by Purchasing for approval to award Bid #2004-016, Decking Timber to primary vendor Saw Mills, secondary Vendor to Bayou Forest Products, Inc. by Purchasing for approval to award Bid #2004-017, Bridge Pilings to primary vendor Saw Mills, secondary vendor Colfax Treating Company. st by the Brazos Valley Narcotics Task Force for approval to sell six ballistic entry vests to Imes County Sheriff's Department. for approval to not re-bid Bid #2004-018 Bridge Repair, per Richard Vance. by Emergency Management for approval to purchase an 800 MHZ communication vol. 5a PAGE 13`F Commissioners Court Agenda 10 February 2004 Page 3 21 is t of Lot 38, Block 1 Harvey Hillsides, Volume 263, Page 485, Brazos County, Texas. Site ited in Precinct 3. 22. Announcement of interest items and possible future agenda topics. 23. Call for citizen input and/or concerns. 24. Ager(cy / Board / Committee reports by Court members. 25. The Brazos G must be made Courthouse is wheelchair accessible. Handicap parking spaces are available. Any request for sign interpretive services usiness days before the meeting. To make arrangements, call (979) 3614102. , 52 PAGE I ~5 Oll COMMISSIONERS' COURT REGULAR MEETING FEBRUARY 10, 2004 A regular meeting of the Commissioners' Court of Brazos C unty, Texas was held in the Brazos County Commissioners C urtroom in the Courthouse in Bryan, Brazos County, Texas, b ginning at 9:00 a.m. on Tuesday, February 10, 2004 with the f flowing members of the Court present: Randy Sims, County Judge, Presiding; Eric Caldwell, Commissioner of Precinct l; Duane Peters, Commissioner of Precinct 2; Kenny Mallard, Commissioner of Precinct 3; Carey Cauley, Jr., Commissioner of Precinct 4; Karen McQueen, County Clerk. The attached sheet contains the names of the citizens and o ficials that were in attendance. Commissioner Mallard gave the invocation and led the pledge of allegiance. The County Judge announced he was moving agenda item n tuber 2 down under the action items and considered item #3 fist. There was no citizen input/and or concerns. The Court next considered agenda item #2 that was the c4ncellation of the Commissioners Court meeting on February 1 , 2004. On motion by the County Judge, seconded by C mmissioner Cauley, the Court voted unanimously to cancel the C mmissioners Court meeting on February 17, 2004. )L 5z PAGE 13(P issioners Court meeting February 10, 2004 2 The Court next considered Budget Amendment #03/04-17.1 through 17.6, which would reallocate funds for the Treasurer, C nstable, Precinct 1, Constable, Precinct 2, and Information T chnology Department; transfer funds from Contingency to the C unty Attorney, and set up a grant for Emergency Management. C mmissioner Pete moved to approve as submitted. On motion b~ Commissioner Peters, seconded by Commissioner Cauley, the Court voted unanimously to approve the budget amendments as submitted. After some discussion, Commissioner Peters moved t approve the budget amendment but to change the dollar amount on amendment 17.6 from $19,000.00 to $16,500.00. Commissioner Cauley seconded the motion and it carried u animously. A copy of which is attached. The Court next considered a request by the District Clerk's office for approval to pay an invoice dated July 22, 2 03. This invoice was misplaced and should have been paid out of last year's budget. On motion by Commissioner Cauley, s conded by Commissioner Peters, the Court voted unanimously t approve payment of the invoice in the amount of $372.11. The Court next considered the following Claims as s bmitted by the County Treasurer for payment: 20049824 through 20050019 'OL 6z PAGE 37 Co issioners Court meeting February 10, 2004 3 0 motion by Commissioner Peters, seconded by Commissioner llard, the Court voted unanimously to approve the Claims as submitted. The Court proceeded to consider the change of status of ployees as submitted on the attached Personnel Action R quests. On motion by Commissioner Cauley, seconded by C mmissioner Peters, the Court voted unanimously to approve the changes as submitted. The Court next considered a request for approval of aI Cooperative Agreement between the Office of the Attorney General of the State of Texas and Brazos County f r the local disbursement of Non-IV-D Child Support, 1 Cal Customer Service, and entering of Court Order I formation into the State and Federal Case Registries. 0 motion by the County Judge, seconded by Commissioner C uley, the Court voted unanimously to approve the A reement and authorized the County Judge to execute the d cument. A copy is attached. The Court next considered the reappointment of Dr. T mmv Tiner to the Board of Trustees for the Mental lth Mental Retardation Authority of the Brazos Valley. motion by Commissioner Peters, seconded by missioner Caldwell, the Court voted unanimously to DL 5z PAGE i 3 S io ers' Court meeting February 10, 2004 reappoint Dr. Tammy Tiner to the Board of Trustees for t e Mental Health Mental Retardation Authority of the B azos Valley. The term is from March 1, 2004 through Fgbruary 28, 2006. The Court next considered the reappointment of nnie Jackson to the Board of Trustees for the Mental H alth Mental Retardation Authority of the Brazos Valley. O motion by Commissioner Cauley, seconded by C mmissioner Peters, the Court voted unanimously to rjappoint Ronnie Jackson to the Board of Trustees for the M ntal Health Mental Retardation Authority of the Brazos V lley. The term is from March 1, 2004 through February 2 , 2006. The next matter for consideration was approval of t x refund applications from the following individuals a d/or companies: a. George E. Chambers, OP, $252.00 b. Homer L. Jr. and Rhonda J. Daniels, OP $252.00 c. Marilyn Sue Wallace Ferguson, OP $252.00 d. Geoffrey T. Fosgate, OP $252.00 e. Curtis L. & Jacquelyn J. Green, OP, $252.00 f. Richard W. & Joyce A. Hickman, OP $591.75 g. Michael Charles & Kendra L. Lundy, OP $267.03 h. Bradley Alan Pence & Jacquelyn Ozment Pence, OP, $17.27 i. Roy & Bettye Pool, OP, $339.59 j. David & Makie Smith, OP, $265.50 k. Brent A. & Wendy L. Sowell, OP, $252.00 1. Luella M. Stringer, OP, $252.00 'OL 5 z PAGE 139 4 io ers' Court meeting February 10, 2004 5 O motion by Commissioner Peters, seconded by Commissioner Mallard, the Court voted unanimously to approve the tax refund applications. The County Judge read aloud a Proclamation designating February 11, 2004 as "2-1-1 Day" in Brazos County. The Court joins with the United Way to support the First Call for Help program aimed to connect the people of the Brazos Valley with health and human services through information and referral. On motion by the County Judge, seconded by Commissioner Mallard the Court moved to proclaim February 11, 2004 as "2-1-1 Day" i Brazos County throughout Brazos County. The County Judge then presented the signed Proclamation to Hank R rback, the President of the local United Way. The County Judge read aloud a Proclamation designating February 28 through April 24, 2004 as the lk Across Texas Program. The Court joins with the T xas Cooperative Extension Service to encourage adults aid adolescents to become physically active. On motion b the County Judge, seconded by Commissioner Cauley, the C urt moved to proclaim February 28 through April 24, 2 ),04 as Walk Across Texas throughout Brazos County. The Court proceeded to consider the following OL g z PAGE 40 Commissio ers' Court meeting February 10, 2004 6 B anket Purchase Orders: Or C Susan Hogan Lowe's Carol White Dealer's Electric Ritz Camera Kinko' s Bryan 800 District Atty $1,000 Building Maint $1,000 District Atty $1,000 Building Maint $3,000 District Atty $1,000 District Atty $1,000 Sheriff $4,200 motion by Commissioner Peters, seconded by issioner Caldwell, the Court voted unanimously to a0prove the Blanket Purchase Orders as submitted. The next matter before the Court was the approval of a request from the Purchasing Department for permission t reject all bids on bid #2004-002, Clearing of the E position Land. On motion by the County Judge, seconded b Commissioner Peters, the Court voted unanimously to a prove the request and reject all bids on bid #2004-002, C earing of the Exposition Land. The Court next considered awarding the following bid: Bid No. 2004-016, Decking Timber Becky Stephens, Senior Buyer, made the following recommendations: Primary Vendor: Kennedy Saw Mills Secondary Vendor: Bayou Forest Products, Inc. motion by Commissioner Peters, seconded by issioner Caldwell, the Court voted unanimously to M 5 PAGE 141 Commis io ers' Court meeting February 10, 2004 accept the recommendation of the Senior Buyer and award the contract as noted. A copy of the bid tabulation is attached. The Court next considered awarding the following bald. Bid No. 2004-017, Bridge Pilings Becky Stephens, Senior Buyer, made the following recommendations: Primary Vendor: Kennedy Saw Mills Secondary Vendor: Colfax Treating Co. 0 motion by Commissioner Peters, seconded by C mmissioner Caldwell, the Court voted unanimously to accept the recommendation of the Senior Buyer and award the contract as noted. A copy of the bid tabulation is attached. The next matter before the Court was a request by David Patterson, Commander of the Brazos Valley Narcotics Task Force for permission to sell six ballistic entry v Sts to the Grimes County Sheriff's Department. These v sts have an expired warranty and cannot be auctioned to the public. The sale price on the vests is $1.00. On m tion by Commissioner Mallard, seconded by Commissioner P ters, the Court voted unanimously to table c nsideration. Commissioner Mallard pointed out that the )L 52 PAGE 14 2z 7 ;io ers' Court meeting February 10, 2004 v Sts were being sold for $1.00, that the warranty was e Aired and that he was concerned about assuming r sponsibility. David Patterson, Commander of the Task Farce, said a statement would be signed to that fact. Commissioner Caldwell said he would be comfortable with a disclaimer saying no warranty is expressed or implied. The County Judge finally suggested Bill Ballard, A sistant District Attorney, look into this matter. The next matter before the Court was a request by t e Purchasing Department, to not re-bid Bid #2004-018, Budge Repair. There was no response to the request for bids. In speaking with the County Engineer, the Senior B yer was informed that it is rare to find anyone who d es this type of work and secondly the bridges are rrently in good condition. On motion by Commissioner ters, seconded by Commissioner Cauley, the Court voted u animously to approve the request to not re-bid Bid # 004-018, Bridge Repair. The next matter before the Court was a request by rgency Management for approval to purchase an 800MHZ c mmunication system. The system is for use by the C nstables. Emergency Management is merely the point of contact. On motion by Commissioner Peters, seconded by M 6 2- PAGE 143 8 ' Court meeting February 10, 2004 9 tissioner Cauley, the Court voted unanimously to approve the purchase of the communication system in the amount of $68,345.10. The Court next considered approval of the Re-Plat of Lot 3E, Block 1 Harvey Hillsides in Precinct 3. Richard Vance, County Engineer, stated that he had reviewed the plat and all a geared to be in order. On motion by Commissioner Mallard, s conded by Commissioner Peters, the Court voted unanimously to a prove the re-plat of Lot 38, Block 1 Harvey Hillsides as s bmitted. Under announcement of interest items and possible future agenda topics the following spoke: County Judge a) Said that he was working with the State on the off road bridges. The State has allowed us to build up credit when building a bridge. TxDOT is very slow in putting bridges in. Three bridges are about to be built at a total cost of $1,027,450 and the county will owe nothing because of the accumulated credit. b) There will be a meeting next Monday at 9:00 a.m. to canvas the votes of the Venue Tax Election. There was no citizen input and/or concerns. There were no Agency/Board/Committee reports by Court ers. DL 5z PAGE 14q ' Court meeting February 10, 2004 There being no further business to curt, the meeting was adjourned. 10 come before the ©L 5x PAGE P f-5 he foregoing minutes of the Commissioners Court meeting held ebruary 10, 2004 have been examined and are approved in open ourt this the 2 day of v l 2004, in Bryan, razos County, Texas. R~ndy SXs ' C unt Judge D ane Peters C mmissioner, Precinct 2 06U ley, Jr C mmis loner, Pr 7c Tnct 4 Attest: G Ka re McQueen Co my Clerk VOL 5,2- PAGE 14 4 Eric Caldwell Commissioner, Precinct 1 Kenny Mallar Commissioner, Precinct