The URL can be used to link to this page

Home My WebLink About2006-07-25-9:00AM-REGULARBRAZOSCOUNTY BRYAN, TEXAS NOTICE OF MEETING AND AGENDA BRAZOS COUNTY COMMISSIONERS COURT THE COMMISSIONERS COURT OF BRAZOS COUNTY WILL MEET IN REGULAR SESSION ON 25 JULY 2006 AT 9:00 A.M. IN THE COMMISSIONERS COURTROOM OF THE BRAZOS COUNTY COURTHOUSE, 300 E. 26TH STREET, SUITE 115, BRYAN, TEXAS. 1. Invocation and Pledge of Allegiance - Commissioner Cauley. 2. Call for citizen's input and/or concerns. Consider and take action on agenda items 3 - 23: 3. Transfer of $17.000 from the Sheriff s Administration budget to the Sheriff's Crime Fund budget as the cash match contribution to the Brazos County CLEAR Team Grant for the 2005-2006 fiscal year. 4. Budget Amendment 05/06-41.1 thru 05/06-41.6. 5. Personnel Chanc of Status. 6. Payment ofClaims. 7. Rescind action (f the Commissioners Court on 18 July 2006 approving Change Order No. 002 for the Exposition Center allowing for changes in the floor boxes in the Exhibit Hall and revisions in the Stall Barn at a cost of $160,201.00. 8. Approval of the Hollowing change orders for the Exposition Center, as submitted by Hunt Constructs n i at a cost of $160,201.00: a. Change Or ier No. 002 allowing for changes in the floor boxes in the Exhibit Hall; b. Change Order No. 003 allowing for revisions in the Stall Barn. Offioe of the County Judge • 300 East 26"" St. • Suite 114 • Bryan, Texas 77803 • Fax: (979) 3614503 _r-v') F"': a08, Com-,iseloners Court Agenda 25 July 2006 Page 2 9. Brazos County Order 406-005 prohibiting outdoor burning in Brazos County for ninety (90) days, effective immediately. 10. Appointment of Ms. Samantha Best to the Solid Waste Advisory Committee for the term beginning I October 2006 through 30 September 2007. 11. Request from Ms. Aida Luna for payment of a balance of $150.00 due for interpreting services rendered on 2 June 2006 on Cause 256-J-2005 J.L. 12. Set the date and time for a Public Hearing on the posting of a 40 mile per hour speed limit on Harris Lane, 3,300 feet from the intersection with FM 2776 located in Precinct 2. 13. Purchase of the following equipment from Division 24005000 - 67203000, JP Technology Fund, Minor Computer Hardware, as requested by Judge Ellis, Precinct 1 Justice of the Peace: a. Five 19" flat panel monitors 14. Renewal of the Agreement with Texas A&M University for pre-employment psychological screenings for Peace Officers and Detention Officers. Term of this agreement is 1 October 2006 through 30 September 2007. 15. Tax Refund Applications for the following: a. Vera Fields Ayers b. Patrick T. Jr. & Cynthia C. Noona c. Julius Robert Johnson 16. Contract No. 07-CO038 with the Office of the Attorney General for the State of Texas to furnish that office with Registry Only court order information relating to Protective Orders and Family Violence under the Texas Family Code, Title 4, Subtitle 5, and other related documents. Term of agreement is 1 September 2006 through 31 August 2008. 17. Renewal of Bid 2005-039R, Pharmaceuticals, to Contract Pharmacy Service, Inc. for an additional year at the current prices. The new bid number will be 2006-037R and will be in effect from 1 August 2006 through 31 July 2007. 18. Authorization for the Department of Purchasing to dispose of contaminated property without offering it for public auction. 19. Authorization for the Road & Bridge Department to make emergency repairs to a concrete bridge on Hopes Creek Road at Hopes Creek. 20. Purchase of a refrigerator for the new Precinct 3 Justice of the Peace / Constable office building. Commissioners Court Agenda 25 July 2006 Page 3 21. Execution of and payment of the Annual Maintenance Agrec::rient for Environmental Systems Research Institute, Inc. (ESRI) for GIS software and purchase of ArcGIS Network Analyst Concurrent Use License. 22. Final Plat of Cecil's Creek Subdivision Phase One, J. W. Stewart survey, A-212, (City of Kurten ETJ), Brazos County, Texas. Site is located in Precinct 2. 23. Payment authorization in the amount of $1,710.00 for CPR training of Jail employees. A purchase order was not obtained in advance because there were multiple training dates scheduled over five months and it was unknown how many employees were going to be trained. 24. Announcement of interest items and possible future agenda topics. 25. Call for citizen input and/or concerns. 26. Agency / Board / Committee reports by Court members. 27. Adjourn The Brazos County Courthouse is wheelchair accessible. Handicap parking spaces are available. Any request for sign interpretive services must be made two business days before the meeting. To make arrangements, call (979) 361-4102. COMMISSIONERS' COURT REGULAR MEETING JULY 25, 2006 A regular meeting of the Commissioners' Court of Brazos County, Texas was held in the Brazos County Commissioners Courtroom in the Courthouse in Bryan, Brazos County, Texas, beginning at 9:00 a.m. on Tuesday, July 25, 2006 with the following members of the Court present: Randy Sims, County Judge, Presiding; Lloyd Wassermann, Commissioner of Precinct 1; Duane Peters, Commissioner of Precinct 2; Kenny Mallard, Commissioner of Precinct 3; Carey Cauley, Jr., Commissioner of Precinct 4, Absent; Karen McQueen, County Clerk. The attached sheet contains the names of the citizens and officials that were in attendance. Reverend Jones gave the invocation and the County Judge led the pledge of allegiance. There was no citizen input/and or concerns. The first matter before the Court was the transfer of $17,000 from the Sheriff's Administration budget to the Sheriff's Crime Fund. This is necessary because the cash match contribution for the 2005-2006 CLEAR Team Grant has not been made this fiscal year. On motion by Commissioner Peters, seconded by Commissioner Wassermann, the Court voted unanimously to approve the transfer of funds. Vol On Page 94 Commissioners Court meeting July 25, 2006 2 The Court next considered Budget Amendment #05/06-41.1 through 41.6 that would reallocate funds for the Tax Office (2), Constable, Precinct 2, 272°d District Court, Constable, Precinct 3 and Juvenile Services. On motion by Commissioner Peters, seconded by Commissioner Mallard, the Court voted unanimously to approve the budget amendment as submitted, a copy of which is attached hereto. The Court proceeded to consider the change of status of employees as submitted on the attached Personnel Action Requests. On motion by Commissioner Wassermann, seconded by Commissioner Peters, the Court voted unanimously to approve the changes as submitted. The Court next considered the following Claims as submitted by the County Treasurer for payment: 7021598 through 7021860 On motion by Commissioner Mallard, seconded by Commissioner Peters, the Court voted unanimously to approve the Claims as submitted. The next matter before the Court was to rescind action of the Commissioners Court on July 18, 2006 approve Change Order No. 002 for the Exposition Center allowing for changes in the floor boxes in the Exhibit Hall and revision in the Stall Barn at a cost of $160,201.00. On motion by Commissioner Peters, Vol 89, Page a I a Commissioners Court meeting July 25, 2006 3 seconded by Commissioner Wassermann, the Court voted unanimously to rescind the action of the Commissioners Court on July 18, 2006 approve Change Order No. 002 for the Exposition Center. The Court next considered approval of the following change orders for the Exposition Center: a. Change Order No. 002 allowing for changes in the floor boxes in the Exhibit Hall. b. Change Order No. 003 allowing for revisions in the Stall Barn. On motion by the County Judge, seconded by Commissioner Mallard, the Court voted unanimously to approve Change Orders No. 002 and 003. A copy of each is attached. The next matter for consideration by the Court was the approval of Brazos County Order #06-005, prohibiting outdoor burning in Brazos County. Commissioner Peters was concerned that the KBDI Index was close to 500. Chuck Frazier, Emergency Management Coordinator, said he is not recommending a burn ban at this time but does urge citizens to use caution in burning. On motion by the County Judge, seconded by Commissioner Mallard, the Court voted unanimously to not institute a burn ban. The next matter before the Court was the appointment of an individual to the Solid Waste Advisory Committee. On motion by Commissioner Wassermann, seconded by Commissioner Vol $a Page a13 Commissioners Court meeting July 25, 2006 4 Peters, the Court voted unanimously to appoint Ms. Samantha Best to a term beginning October 1, 2006 through September 30 2007. The Court next considered a request from Aida Luna for payment of a balance of $150.00 due for interpreting services rendered on June 2, 2006 on Cause 256-J-2005-J.L. Ms. Luna stated that her fees for interpreting are $50.00 per hour but she was only paid $20.00 per hour for five (5) hours in court. On motion by Commissioner Peters, seconded by Commissioner Wassermann, the Court voted unanimously to approve payment. The next matter before the Court was setting the date and time for a Public Hearing on the posting of a 40 mile per hour speed limit on Harris Lane in Precinct 2, 3,300 feet from the intersection with FM 2776. On motion by Commissioner Peters, seconded by Commissioner Wassermann, the Court voted unanimously to set Tuesday, August 8, 2006, beginning at 10:00 a.m., as the date and time for the Public Hearing. The Court next considered a request from the Information Technology Department (IT) to purchase five (5) flat panel monitors with funds from JP Technology Fund for the office of Justice of the Peace, Precinct 1. On motion by Commissioner Peters, seconded by Commissioner Mallard, the Court voted unanimously to approve the purchase. Vol Ea Page ;w4 Commissioners Court meeting July 25, 2006 5 The next matter before the Court was renewal of an Agreement with Texas A&M University for pre-employment psychological screenings for peace Officers and detention officers. The cost of initial evaluation has not increased from the $220.00 each, but there is an increase from $90 to $100 for each re-evaluation. On motion by Commissioner Wassermann, seconded by Commissioner Peters, the Court voted unanimously to approve the renewal agreement. A copy is attached. The next matter for consideration was approval of tax refund applications from the following individuals and/or companies: a) Vera Fields Ayers, Over Payment $203.36 b) Patrick T. Jr. & Cynthia C. Noona, Over Payment $247.08 c) Julius Robert Johnson, Over Payment $170.70 On motion by Commissioner Peters, seconded by Commissioner Mallard, the Court voted unanimously to approve the tax refund applications. The next matter before the Court was approval of a Contractual Agreement between Brazos County and the Office of the Attorney General of the State of Texas to furnish Registry only court order information relating to Protective Orders and Family Violence under the Texas Family Code, Title 4, Subtitle B and Suits Affecting the Parent-Child Relationship under the Vol ga Page d- 15 Commissioners Court meeting July 25, 2006 6 Texas Family Code, Title 5, Subtitle B for use in the State and Federal Case Registries and handle inquiries on (including any necessary research) and receive information about Child Support Cases where child support payments are remitted to the State Disbursement Unit (SDU). On motion by Commissioner Peters, seconded by Commissioner Mallard, the Court voted unanimously to enter into contractual agreement with the State Attorney General's Office. A copy of the contractual agreement is attached. The Court next considered renewal of Bid 2005-039R, Pharmaceuticals. Contract Pharmacy Services has agreed to renew this contract for an additional year at the current prices. On motion by the County Judge, seconded by Commissioner Wassermann, the Court voted unanimously to approve the renewal. The next matter before the Court was a request from the Purchasing Department for authorization to dispose of a chair from the District Attorney's office without offering it for public auction. The chair was contaminated with sewage from the jail. On motion by Commissioner Peters, seconded by the County Judge, the Court voted unanimously to approve the request. The Court next considered a request from the Purchasing Vol P- Page a 1 Commissioners Court meeting July 25, 2006 7 Department for approval to forgo the bidding process and approve expenditures for the emergency repair to a concrete bridge on Hopes Creek Road. On motion by Commissioner Wassermann, seconded by Commissioner Peters, the Court voted unanimously to forgo the bidding process and approve expenditures for the emergency repair to a concrete bridge on Hopes Creek Road. The next matter before the Court was consideration of the purchase of a refrigerator for use by the offices Justice of the Peace, Precinct 3 and Constable, Precinct 3. On motion by Commissioner Mallard, seconded by Commissioner Peters, the Court voted unanimously to approve the purchase of a 25 cubic foot refrigerator from Lowe's for $753.00. The Court next considered the execution of and payment for the Annual Maintenance Agreement for Environmental Systems Research Institute, Inc. (ESRI)for GIS Software and the purchase of ArcGIS Network Analyst Concurrent License use. Cost to the County for the Agreement is $10,200.00 and the ArcGIS is $2,040.00. On motion by Commissioner Peters, seconded by Commissioner Mallard, the Court voted unanimously to authorize the County Judge to execute the Annual Maintenance Agreement and authorized the purchase of the ArcGIS Network Analyst Concurrent License use. A copy of the Vol 8:1- Page a1-7 Commissioners Court meeting July 25, 2006 8 Agreement is attached. The Court next considered approval of the Final Plat of Cecil's Creek Subdivision Phase One in Precinct 2. Richard Vance, County Engineer, stated that he had reviewed the plat and found it to be in order. On motion by Commissioner Peters, seconded by Commissioner Wassermann, the Court voted unanimously to approve the final plat of Cecil's Creek Subdivision as submitted. The Court next considered a payment authorization in the amount of $1,710.00 payable to Jeannette R. Fraley for CPR training. No Purchase Order was requested prior to training. On motion by Commissioner Peters, seconded by the County Judge, the Court voted unanimously to approve the payment authorization. Under announcement of interest items and possible future agenda topics the following spoke: County Judge a) Introduced Tom Quarles the new director of the Exposition Center. Chuck Frazier, Emergency Management Coordinator a) Stated that he failed to mention in the NIMS Training letter that employees are required only to go to one of the training sessions listed if you do not take the class over the internet. Vol $a Page a 10a Commissioners Court meeting July 25, 2006 9 Under citizen input and/or concerns, the following spoke: Jim Mann, Chief Deputy a) Introduced Helen Cook as their new Administrative Secretary. There were no Agency/Board/Committee reports by Court members. There being no further business to come before the Court, the meeting was adjourned. Vol 9 O'~ Page a1 9 The foregoing minutes of the Commissioners Court meeting held July 25, 2006 have been examined and are approved in open Court this the IQI~ day of 2006, in Bryan, Duane Peters Commissioner, Precinct 2 i arey Ca ley, Jr. Commiss.oner, Preci 7ct4 Attest: )VU'X- Karen McQueen County Clerk Lloy Wassermann Commissioner, Precinct 1 Fz~ Kenny Malla Commissioner, Precinc 3 Vol 0 a` Page ago Brazos County, Texas. BRAZOSCOUNTY COMMISSIONERS COURT DAY OF - , 20DC, AT A Name Organization &lzz u~ ;'s i2t0 K" Wr)~ SO P(kV- e BRAZOSCOUNTY COMMISSIONERS COURT DAY OF , 20 d AT AM/Pft[I Name 112-4 i~ Organization &C-Zl 1727 S o CA v~ aaa J BRAZOS COUNTY COMMISSIONERS COURT I DAY OF ~m , 200(, AT a A N4/PM- Organization Organization aA441-,. as 3 j Name aril l BRAZOS COUNTY, TEXAS BUDGET AMENDMENT(S) FOR THE 2005-2006 BUDGET YEAR NO. 05/06-41.1 thru 05/06-41.6 On this the 25°i day of July 2006 at a regular meeting of the Commissioners' Court, the following members were present: Randy Sims, COllnl\ Judge, Presiding Lloyd Wassermann, Commissioner, Precinct I E. Duane Peters, Commissioner, Precinct 2 G. Kenny Mallard, Commissioner, Precinct 3 Carey Cauley, Jr., Gwurtissioner, Precinct 4 Karen McQueen, County Clerk The following proceedings N ere held: THAT WHEREAS, on 25 July 2006 the Court heard and approved a budget amendment for the 2005-2006 budget year for Brazos County, Texas; and WHEREAS, an exocnditure is necessary due to the necessity to meet unusual and unforeseen conditions which could not I,c reasonably included in the original budget adopted 20 September 2005, the following amendment(s) to the original budget are hereby authorized, as described on the attached page(s). ADOPTED AND A PPROVED this the 25`' day of July 2006. THE COMMISSIONERS COURT OF BRAZOS COUNTY, TEXAS. By Original: County Clerk's Office and attached to the original budget Copies: County Auditor County Treasure r Commissioner Court Minutes R g~ _ aa'f BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 05/06 - 41.1 BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 05/06 - 41.2 7/25/2006 a FD I DIV I ACCT PROJ DR/CR ACCOUNT NAME increase I IPPYPAOP 0100 30201100 60080000 CR Clothine/Uniforms inn nn ~~"I"V VI VVVVVVV ~x urnce6u ues 400.00 0100 30201100 61110000 CR ] Conference & Seminar Fees 750.00 i 0100 30201100 65350000 DR Gasoline 1.250.00 I I I To reallocate funds to cover the gasoline cost. BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 05/06 - 41.3 FD 0100 0100 0100 0100 0100 0100 0100 0100 DIV 22100100 22100100 22100100 2210010 2210010 2210010 22100100 22100100 ACCT 61900000 60360000 61110000 61931000 67281000 61801000 61620000 61490000 PROJ DR/C CR CR CR CR CR DR DR DR V ACCOUNT NAME Visitin - Court R orters Furniture Conference & Seminar Fees Visitin Jud es Equipment - Electronic Travel Subscri tions & Publications Petit J Ex ense Increase 00.00 750.00 350.00 Decrease 750.00 350.00 150.00 150.00 200.00 272nd District Court: To reallocate funds amon various accounts. 6~ . a37 BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 05/06 - 41.4 Vim.. BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 05/06 - 41.5 BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS &O d-30 No. 05/06 - 41.6 7/25/2006 PERSONNEL CHANGE OF STATUS REQUESTS Commissioner Court Date: July 25, 2006 Department Submitting Information: Human Resources Purpose of Submissions: Consider and Take Action on Change Requests Department Submitting Request(s) Employee Request Applies To Action Requested Building Maintenance Ledezma, Raul Transfer within Dept. Constable Pct. 2 Glidewell, Peter New Hire District Clerk Eckstrom, Bethany Kibler, Alissa McDonald, Morgan Palasota, Kendra Promotion Promotion Promotion Resignation IT Rodriguez, Michael Resignation Justice of the Peace Pct. 2-1 Bates, Barbara Sodolak, Stacey Resignation New Hire Juvenile Services Dixon, Alisa Discharged SO/Admin. Villarreal, David Transfer within Dept. SO/Jail Irwin, Katherine Retirement Approved in Commissioners' Court: July 25, 2 County Judge's or Commissioner's Signature: (This Copy to be attached to minutes) \ . 23~ (I)HURET WNS'MUMON GROUP- Thursday, July 06, 2006 Ms. Pat Howard Brazos County 300 East 26th Street Bryan, TX 77803 RE: Potential Change Order Break Down POO No. 002 Exposition Center - 3086 Dear Ms. Howard, We have finalized gathering all the required quotations for PCO Number 002 for the following extra work: Floor Boxes in Lieu of Ceiling Hung Recaps @ EH. We have reviewed the scopes of work and have verified that all extra work items are in compliance with our contract agreement. The following is a detailed itemization of all extra costs. Item Description Amount Proposed Contractor 001 Provide all labor, material, $111,670.00 College Station Electric, Inc equipment and other items necessary to install floor boxes with electrical and provisions for future data in lieu of ceiling mounted receptacles at the Exhibit Hall as detailed in the drawing from JSA dated 6/08/06. 002 Provide all labor, material, $13,610.00 C&L Concrete Construction, Inc equipment and other items necessary to provide a flat concrete surface to mount the electrical boxes and encase with concrete with control joints as required to isolate the boxes from the building slab. Total Amount $126,280.00 If you have any questions regarding this Potential Change Order, please call me at your earliest convenience. College Station Electric Inc. THE SERVICE MINW-C COAAPANT 979-774-8948 • FAX 979-776-5865 P. 0. Box 3906 6162 FM 1179 3ryan, TX 77805 Bryan, TX 7780E BRAZOS COUNTY EXPOSITION CENTER ELECTRICAL SCOPE OF WORK 06/14/06 DEDUCT OF ALL OVERHEAD DROP IN EXHIBIT HALL DEDUCT OF CONDUIT, WIRE, WIRE DROP, PLUGS AND BOXES IN EXHIBIT HALL AS PER SHEET E1.3 (DATE 06/08106) DEDUCT $ (28,911.00) ADDER OF FLOOR BOXES IN EXHIBIT HALL 1. ADDER OF 124 WIREMOLD FLOOR BOXES ADDER FOR 124 FLOOR BOXES INSTALLED $ 93.000.00 2. ADDER OF 1%' UNDERGROUND PVC CONDUIT FOR DATA FROM CENTER OF EXHIBIT HALL TO FLOOR BOXES 3. UNDERGROUND PVC CONDUIT, WIRE FOR POWER FROM PANELS TO FLOOR BOXES AS PER SHEET E1.3.1 (DATE 06MB/06) ADDER DATA CONDUIT & POWER CONDUIT AND WIRE $ 37.054.00 _ 3. ADDER OF PANEL B1G PANEL, CONDUIT AND WIRE IN EXHIBIT HALL AS PER SHEET E1.3.1 (DATE 06/08106) B1G PANEL, CONDUIT AND WIRE $ 10.527.00 RECEIVED JUN 2 g 2006 TOTAL PRICE $ 111.670.00 HUNT CONSTRUCTION GROUP PaQge 1 of 1 a Od r r C1501 BRAZOS COUNTY.EXPOSITION CENTER ADJUSTMENT FOR CHANGES IN WORK Projaa#. Cortract S: ReMsionk 01501 ftpared GJ Labor WE Sub M Unit Description Required Urn ca Labor Other WE Other coat SO=nbad DEDUCT OF OVERHEAD DROP'S 314 L31T 3125 FT 1.1 ,437.50 $0.77 (82,410.71) 0.00 EMT CONNECTOR -278 EA 0.44 $12232 50.21 $ 50.00 314 EMT COUPLING 320 EA 0.44 140.50 $0.88 105.14 $0.00 3/4 EMT STRAP 312 EA 0.44 513728) $0.83 102.87 $0.00 BELL BOXES -04 EA 4.4 - 889. 23.00 28200 $0.00 218 4" SQ BOXES -W EA 0.88 (883.86 52.14 .71 $0.00 e S0. BLANK BOX COVER -11 EA 41 180.40 20.63 $0.00 SINGLE DANE MASONRY BOX 20 EA OA4 $8.80 V-43 $48.57 $0.00 S12 THHN WARE -4500 T 0.086 8257.0 80.11 501.43 0 $0.00 610 THHN WARE 48020 FT 0.066 (51,189.32) 80.18 ,831.71 $0.00 WIRENLIT 252 EA 0.44 110.88 80.11 A4 $0.00 51273S.000RD -1848 FT 0.888 1.179.0 20.80 1,108.80 SO.DO RECEPT -161 EA $708.40 $3.43 5200 $0.00 RECEPT COVER SINGLE -47 EA 61.7 $1.49 7.14 00 RECEPT COVER 2 GAME -57 EA 5214 122.11 $0.00 TMST-LOCK RECEPT 34 EA 110.85 520.18 1,893.20 50.00 TWIST-LOCK CORD CAP -a4 EA g $17.16 1,440.00 $0.00 USTRl7T CHANAL ,504 Ff 32.71 1,988.00 50.00 TS (51.43) 11".00 50.01) ;lD $0.00 $0.00 $0.00 $0.00 30.00 50.00 50.00 50.00 50.00 - $0.00 wwol 20.00 50.00 50.00 80.00 !DN/OI 80.00 80.00 80.00 $0.00 4DIV10I SO.DO $0.00 $0.00 $0.00 . SDNrot 30.00 50.00 Moo S0.o0 mvNt $0.00 $0.00 20.00 So.o1) SUBTO TALS 39.184.14 11,925.73 $0.00 Remarks: Suballal (labor+ms%dvJ+equipmerd) Labor Burden 43%ot labor (39,164.14) OVER HEAD 10 %A+a PROFIT 6 %dabc Sala rant 0 % d samble Hems C15 Rev0508.XLS Total(A+B+C+D+E) Page 1 ($21,089.87) (23,940.68) ($2,503.05) ($1,376.6'» $0.00 (52e,maln C1501 R ::23 ~ C1502 BRAZQS COUNTY EXPOSITION. CENTER ADJUSTMENT FOR CHANGES IN W. PrOjeCl A: 0 Contract RevisionA 01502 Project Tile: 0 Date: t, W 2006 . Cantracror. COLLEGE STATION ELECTRIC, INC. CSE Job No, 200004 tleaedptim of VVOrk: 'EXHIBIT HAULFLOOR' BOXES CJ Labor WE Sub Descri lion Quer" Required Unit Urit Coal labor EgriWwd OMW WE Other Unit Cost a b INSTALL FLOOR BOXES MATERAL 124 EA 0 60.00 ' $645.00 $79,980.00 $0.00 LABOR 124 EA 105 $19,020.00 $0.00 $0.00 80,00 sDIVrol $0.00 $0.00 $0.00 $0.00 04XVrol 50.00 $0.00 $0.00 $0.00 $DIVAI $0.00 50.00 $0.00 $0.00 $ONAI $0.00 $0.00 $0.00 $0.00 ' OW /01 110.00 $0.00 . $0.00 $0.00 OW 101 $0.00 $0.00 50.00 60,00 #W101 $0.00 $0.00 50.00 30.00 10NA1 $0.00 $0.00 $0.00 $0.00 $DNAI $0.00 $0.00 60.00 $0.00 $ONro! $0.00 $0.00 $0.00 $0.00 $DNAI $0.00 $0.00 $0.00 m.00 mlvrol 50.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 #DrV10l 111 $0.00 $0.00 $O. , $0.00 $0.00 $0.00 $0.00 00.00 $0.00 $0.00 WOOL q $0.00 $0.00 $0.00 $0.00 $0.60 $0.00 $0.00 $0.00 $0.00 $0.00 $OM $0.00 50.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 00-00 $0.00 $0.00 50.00 4DIVrol $0.00 E0.00 m.00 $0.00 $ONroI 00.00 50.00 $0.60 $0.90 1►DIVroI $0.00 MOO $O.OD $0.00 SUBTOTALS $13,020.00 $79,980.00 $p,Op Remade: Subtotal 0abor+ms1ede!+equ0Tmtl $93,000.00 Labor Sulden 0%Of labor 573.020.00 $0-00 OVER READ 0 %A+B . $0.00 PROFIT 0 % of ebe $0.00 Sales Tax 0 % of taxable items $0.00 Total (A+S+C+D+E) 599,000.00 015 Rev0508.XLS Page 1 C1502 C1503 Prepared: CI Approved: DesCll 'on Ouard ly RequkW Und Labor unit . Coat Labor ME Egulpmerlt OD,er MIE Dow Sub Urdt Coat Subcakract DATA&POWER CONDIUT 314 EMT 1670 FT 1.1 $1.837.00 $0.77 $1.28829 $0.00 314 EMT CONNECTOR 144 EA 0A4 $63.36 $0.21 SWAS - $0.00 314 EMT COUPLING 3/4 EMT STRAP - 2118' C SO. BOXES 207 182 47 EA EA EA 0.44 0.44 1.1 $91.08 $80.08 $51.70 $0.33 $0.33 $214 $68.01 859.80 $100.71 $0100 $0.00 $0,00 P SO. BLANK BOX COVER 47 FA 1.1 - $51.70 $0.03 $29.64 $0.00 SINGLE DANE MASONRY BOX 22 EA 1.1 $2420 $3.19 $70.09 $0.00 314 PVC 3740 FT 0.65 $2.468.40 $0.29 $1.068.57 $0.00 3/4 PVC FEMALE CONNECTOR 135 EA 1.1 $148.50 $0.19 $25.07 $0.00 314 RIGID CONDUIT 225 FT 1.1 $247.50 $200 $150.00 $D.00 314 RIGID 90 ELBOW 4s EA 1.1 $49.50 $2.43 4109.29 $0.00 1 112 PVC 2900 FT 0.86 #,65200 $0.91) $2.803.79 $0.00 1 112 PVC FEMALE CONNECTOR 276 EA 1.1 $303.60 $0.60 $138.00 som 1 112 RIGID CONDIUT 60 FT. 1.1 $86.00 $5.14 $908.57 $0.00 1 112 RIGID 00 ELBOW 30 EA 1.1 $33.00 $6.49 $19206 50.00 TRENCHING 2780 FT 0.88 $2,448.40 $1.15 $3,137.43 $0.00 #12 THHN WERE 8500 FT 0.006 $429.00 $0.11 $724.29 $0.00 #10 THHN WIRE 19000 FT 0.088 $1,254.00 $0.19 . $3,628.57 .$0.00 WIRE NUT 172 EA 0.044 $7.57 $0.10 $1720 $0.00 SCREW,WASHER AND NUTS 280 EA 0.044 $1232 $0.09 $24.00 $0.00 RECEPT 50 EA 4.4 $220.00 $3A3 $171,43 $0.00 RECEPT COVER SINGLE 60 EA 1.1 $56.00 $1.43 571A3 $0.00 #DIV/01 $0.00 $0.00 $0.0D $D.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $D. A $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 *DIV $0.00 $0.00. $0.00 $0.00 SUBTOTALS $12.491.91 $14217.79 $0.00 Remarks: Subtdel (labor + material +equipmeet) Labor SUMNt 43%ef labor $12,491.91 OVER HEAD 10 %A+B PROFIT 6%of abc Saba Tax 0 %of taxable Items Told (A+B+C+D+E) $28.709.89 $5,371.62 $3,208.12 $1,7&1.47 $0.00 $$7,063.80 C15 Rev0508XLS Page1 C1503 V(A sa PAGE a31 C1504 B1W.0S 000NTY:EXPOSLTION: CENTER ADJUSTMENT FOR CHANGES IN WORT( Labor WE Sub Descri tion Quanta R i f UNI Equipment WE Unit p equ e Unk Coe( Labor Other Other Coot Sul, e 7 PVC 3" 190 1.25 $200..01) $2.54 $406.a8 $0.00 90 2 4211 $65.00 $27.03 $54.09 $0 00 r COUPLING 4 636 $25.00 $2.14 $8.67 . $0 00 F0~ " 2 5 $10.00 $2.36 $4.71 . $0 00 3 LOCKNUT • 2 1.6 $3.00 " $1.80 $3.60 . 80.00 3 GRG " 10 3.75 $37.50 $14.67 $148.71 $0 00 S BUSHING " 2 15 $30.00 8&76 $13.51 , 40 00 LWr 3 CONDIFTI7ANOER 2 1.12$ $236 3279 $6.57 . OD $O 300 MGM THHN 4C2 T 760 0.8 1808.00 55,43 $4.886.71 . $0.00 HHN 190 0.3 $57.00 $2.71 $575.71 $p pO 226A PANEL 1 60 850.00 871439 $71439 , 50 00 226ABREAKFR 1 25 $25.00 $321.43 $321.43 . $0 00 TRNCHINOIBACK FILUCOMP 760 0.9625 $164.00 $1.21 $19439 . $0.00 $DN/01 80.00 $0.00 80.00 $0.00 tfDl of $0.00 $0.00 . $0.00 $9.00 ODN/01 $0150 $0.00 $0.00 $0.00 4DIVm! $0.00 $0.00 $0.00 1111400 aDNrol $0.00 $0.00 $0.00 $0.00 dyV/OI $0.00 . $0.00 $0.00 $0.00 soN/01 50.00 80.00 $0.00 $0.00 $DNN! $0.00 $0.00 $0.00 $0.00 aDIVNI $0.00 $0.00 $D.00 $0.00 BDIv701 $0.00 $0.00 $0.00 $0.00 8DN181 50.00 $0.00 $0.00 $0.00 80N101 $0.00 80.00 $0.0D 80.00 OUNMI $0,00 30.00 80.00 11&00 $DN/01 80.00 $0.00 80.00 80.00 iDN/01 80.00 $0.00 $Q00 $0.00 mWol $0.00 $0.00 i&00 $Q00 BDNNt $0.00 80.00 11&00 $&00 SUBTOT ALS $1,286.76 $7,275.03 _ $0.00 Remarks: Subtotal (labor+material +squipment) $8,561.78 (Labor Borden 43%of labor $1,286.75 11563.30 OVER HEAD 10 %MS $911.61 PROFIT 5%ofabc $501.33 Sales Tax 8.25 % Of tmbb Items $000 Total (A+B+C+D+E) 570, 7.92 C15 ROWSWXLS Page 1 C1504 Via;., 237 C&L Concrete Construction, Inc. 1753 North Earl Rudder Freeway Bryan, Texas 77803 (979) 778-3i6z or (979) 778-4303 RECEIVE Fax (979) 778-4692 JUN 2 7 2006 e-mail: clconcrete@cox-internet.com web: www.clconcreteconstuction.com By. Memorandum To: Corbyn Roberts From: Nathan Minarcik Date: June 27, 2006 Subject: Electrical Box Blockouts The cost for the Electrical Box Blockouts are as follows: Groups of 4: $370.00perBlock-out .2o = 67,406.°b Groups of 2 or Less: $270.00 per Block-out .2 3 ; S (o, 210. 13, uto.60 - Bid does not include the setting of the Boxes. '.r 03 ;3$ C&L Concrete Construction Inc. U TEN ill s iL!FJi-li Y~ 7 M "I Z as m Q W 6 ~~QQO F 4dJ ~C K (Q 6yWZ VIt ~ZW d' `a C 5f a k' w \r? ZI-NU 0300 coact sv~ma'xvu~e ~e UY02I U2[tlN(Y3'I dNtl Lb AtlMH'JIH R; USIN33 NOUISOdf3 A.I.NIIOJ SOMG a ma A A I J ~a x :ra X39 Atk- ett v § i~ f[ tEiaae`Ce6 weu. rnzi•xvxae °yc U1 ¢ @5 2nse~ I I QV03 03VN031 Z Lb AVMHOIH _ g 165. •t Xa MSO MOLLISOcM A•LMROO SOZVXG a s I I 3 I i e I ' lu~ r u a40 Corbyn A. Roberts From: Clint Johnson [ClintJ@CSELEC.COM] Sent: Wednesday, May 31, 2006 8:31 AM To: Corbyn A. Roberts Subject: EXPO floor box Corbyn, please check out the attached box by Wiremold. These are $645 each not including installation. They have 2 GFCI duplex receptacles included, plus provisions for 2 data or phone jacks. Installation each will run $105.00. Let me know if this box falls within the budget. thank you, Clint Johnson Project Manager College Station Electric Inc. Tel. 979-774-8948 Fax: 979-776-5865 5/31/2006 4,' y} Wqq C~ WWGQQ ~Jm L ~ !oa ~ V b ..O pIn ~Ec Q ~h. U W Q' W C- 6 a 0 ' yQr~N G eE NQ N n n y m G T 4 fl' 0 0 ~ L W Sq~~+ mY 0 R 01 06 F L S W (G 1 Y w Z j m 0 9 ' n Y O a' W Q 0 w a rZrn co YM F W W 0 W Q Z L00/L00 11 ssp Vioa'ZeOT4*8T8sJeteepgdeTSJZ XVAI 89:9L 9002/08/40 Y .LJ I..IL V. CONMUMON GROUP- Thursday, July 06, 2006 Ms. Pat Howard Brazos County 300 East 26th Street Bryan, TX 77803 RE: Potential Change Order Break Down PCO No. 003 Exposition Center - 3086 Dear Ms. Howard, We have finalized gathering all the required quotations for PCO Number 003 for the following extra work: Delete Paving & Revise Stall Layout Q Stall Barn. We have reviewed the scopes of work and have verified that all extra work items are in compliance with our contract agreement. The following is a detailed itemization of all extra costs. Item Description Amount Proposed Contractor 603 Provide all labor, material, $23,000.00 Glenn Fuqua, Inc equipment and other items necessary to install one foot (1') of select fill at the areas were the paving was deleted. 001 Delete all the interior stall paving ($114,687.00) C&L Concrete Construction, Inc at the stall bam. 002 Provide all labor, material, $126,608.00 College Station Electric, Inc equipment and other items necessary to revise the layout of the above ceiling receptacles to match the 10X10 stalls, as detailed in the drawing from JSA dated 6/08/06. Total Amount $34,821.00 If you have any questions regarding this Potential Change Order, please call me at your earliest convenience. VOL P PAGE ~3 College Station, Electric Inc. THE SERVICE MINDED COMPANY 979-774-8948 • FAX 979-776-5865 R 0. Box 3906 6162 FM 1179 iryan, TX 77805 Bryan, TX 7780E BRAZOS COUNTY EXPOSITION CENTER ELECTRICAL SCOPE OF WORK 06/14/06 ADDER FOR POWER DROP'S IN STALL BARN 1. ADDER OF 105 POWER DROPS, CONDUIT, WIRE AND SO CORD POWER DROPS AS PER SHEET E1.1 ADD 106 CIRCUITS FOR 48 POWER DROP'S $ 42.398.00 2. ADD PANEL B21, B2J PANEL, CHANGE MSB TO 2000A, CHANGE FEEDER TO 4" CONDUIT, CHANGE FEEDER WIRE TO 600 KCMIL - CHANGE LOCATION OF MSB, ADD TWO 225A BREAKER TO MSB, CONDUIT AND WIRE IN STALL BARN AS PER SHEET E1.1 ADD PANEL, BREAKERS, CONDUIT AND WIRE $ 84,210.00 TOTAL PRICE $ 126,608,00 3ECEIVED 2006 r Page 1 of 1 C'J Ji}tiV1,CVU ~a a 4Y C1506 V BRAZOS COUNTY EXPOSITION CENTER ADJUSTMENT FOR CHANGES IN WORK Project M 0 Contract Jr., Rovi$ion 0: ENTh2 Project Title: 0 Date: ENTRY 200604 Contractor. COLLEGE STATION ELECTRIC, INC. CBE Job No. Daetxlptlon of WorkDEDUCT OF MAIN FEEDER AND CHANGE TO MSS(FEEDER,GEAR) ADDER OF PANEL 621,82J Prepared: ENTRY Approved: Labor MIE Sub OuanBly LM EquIpmenl Una DBSCri ti0t1 RegWmd Una Cog Labor Olner WE Otw Cost Subownct DEDUCT OF FEEDER FOR M - SS FP VC -1360 1.25 S172500) $2.54 ,600.1 d $0,00 790 -12 EA 42.6 (5510.00) 527.03 ($324.34) $0.00 3° PUNG -12 EA 625 ($76.00) $2.16 5,71 50.00 3" AA - °12 EA 5 .DO) 5236 ) 50.00 S LOCKNUT -12 EA 1.5 ($18.00) $1.80 ($21.60) $0.00 3-5RC -24 FT 3.75 ($90-001 1 $14,87 352.11 50.00 a- BUSHING -12 EA 15 ($100. W76 ($81.09) $0.00 400 MCM THIIN 856 f 1.125 ($8,586.00) $8.36 $48,939.43 $0.00 410 THHN -1464 FT 0.8 $1171.20) $6.10 ($8,930.40) $0.00 NNOMING111ALK F -230 FT 0.9625 (5221.36 $1021 9.29 30.00 HANGS FEEDER SZE 702000 o f #DfV& 80,00 $0.00 $0.00 $0.00 4" FVC 1660 FT 126 $1,950.00 $329 $5,125.71 $0.00 C 12 EA 42.6 $510.00 WAS 5581.14 SO.D0 4"000PLING 12 9 0,25 $75.00 $0.57 $114.86 $0,00 4" F!A 12 EA 5 $60.00 5296 528.29 00 4" KNUT 12 EA 1.5 $18.00 $1.60 $21,80 50.00 4" GR 26 3.75 390.00 $10.71 $473.14 $0.00 4" BUSHING 12 EA 15 $100.00 $8.76 361.09 $0.00 4' NDUIT HANUR 12 EA 0 515.00 $2.14 $25.71 $0.00 600 WFJ THHN 6576 FT 1.125 $7,398.00 $16A0 598,640.00 $0.00 250 MCM THHN 1 FT 0,8 51 315.20 $3.86 $9,629.14 $0,00 PANEL 1 EA 150 160.00 $1,420,57 $1,426.67 $0.60 ADDER OF PANEL B2 &W 0 $D!vml $0.00 0,00 m. $0.00 3" PVC - 320 FT 1.26 . $400.00 $2.64 $813.71 $0,00 r 90 4 EA 415 $170.00 $27,09 6108.11 $0.00 3" PUNG 4 EA 625 MOO $2.14 -$6.57 $0,00 W FIA 4 EA It $20.00 $2.36 $0.43 $0.00 3" LACKNUT 4 EA 1.5 $540 81.80 $720 $0.00 W ORO 20 FT 3.75 14.07 0293.43 $0,00 3"BUSHING 4 FA 15 $80.40 $6.76 W.73 $0,00 7 CONDUIT HANGER 4 EA a $0.00 50.00 $0.00 80.00 300 MGM THHN 1520 FT 1726 $1,710.00 $0,00 39,120.00 $0.00 02 THHN 380 FT 0.8 $304.00 $1.71 $651.43 $0.00 PANEL 2 EA 100 $200.00 ¢)28-17 $857.14 $0.00 TRNCHINGMACKFILL/COMP 580 FT 0.8625 $55825 8121 870429 $0.00 0 $DNlO! $0.001 r1o.Go $0.00 $ . SUBTOTALS $4,050.88 $88,25820 80.00 Remants: SOOtotal (Iaoor - material+aquipmentI Labor Burden 431E of 18W $4.650.88 OVER HEAD 10 %A+B PROFIT 5 % W abe Salas Tar 8.26%oftaeable hems Total (A+B+C+D+E) RFCEIVED 570,909.00 $1,999.68 $7,290.90 KW8.99 $0.00 84209.84 C15_Rev050 ns I 1 20we 1 r' 6-10N GROUP C1506 C1505 BRAZOS COUNTY EXPOSITION CENTER ADJUSTMENT FOR CHANGES IN WORK ENTRY,.: Proj9el& 0 Contradk. Revision t. Project Title: 0 Date: ENTRY Contractor. COLLEGE STATION ELECTRIC, INC. CSE Job No: 200804 Description of Work ADDER OF 106 CIRCUIT FOR 48 POWER DROP'S Prepared: ENTRY Approved: Later M/E Sub Quantity Unit EqWpnerd WE Unit DeSCr'9 n Requlmc Unit Cos! Labor abet aher cost Subcontract ADDER OF 108 CUIT TO STALL BA RN 314 ENT 5300 FT 1.1 $6,830.00 $0.77 088.87 $0.00 314 EMT CONNECTOR 240 EA 0.44 $105.80 $021 $51.43 $0.00 314 EMT COUPLING 630 EA 0.44 $233.20 $0.33 $174,14 50.00 374 EMT STRAP 581 EA 0.44 $245.34 $0.33 $184.33 $0.00 2118 4" SQ. BORES fib EA 1.1 $70.40 52.14 5137,14 $0.00 4"M BLANK BOX COVER 04 FA4 1.1 570.40 $0.63 $40.23 $0,00 #12 THHN WIRE 4478 FT 0.068 3295165 $0.13 $675.74 $0.00 610 THNN WIRE 31950 FT 0.068 $2,109.70 $0.20 $0.390.00 $0.00 WIRE NUT 240 EA 1.1 $264.00 $0.10 $24.00 $0.00 SCREW,WASHER AND NUTS 561 EA 1.1 $617.10 $0.09 $48.09 $0.00 41214 8.0 CORD 1058 FT 0.638 $573.73 $0.79 $829.71 $0.00 BELL BOXES 48 EA 0.44 $21.12 $3.00 $144.00 $0.00 RECEPT 1$2 EA 1.1 5745.20 $11.59 $1,529.31 $0.00 RECEPTCOVER2GANE 48 EA 1.1 $52.80 $1.43 SS&57 $0.00 TWIST-LOCK RECPPT 46 EA 1.32 $83.36 $20.00 5980.00 $0.00 TWIST4.OCK CORD CAP 48 EA 1.32 $63.36 417.14 $822.86 50.00 USTRUT CHANAL 485 FT 1.78 5853.00 52.71 51,318.43 $0.00 LIFT RENTALL 3 EA 0 $0.00 $857.14 62,571A3 $0.00 #DIV101 $0.00 $0.00 50.00 $0.00 #DN/01 $0,00 $0.00 $0.00 $0.00 #D1W01 $0.00 $0.00 50.00 $0.00 #ON/01 $0,00 $0,00 $0.00 40.00 #DN101 $0.00 $0.00 $0.00 $0.00 #DIV10I $0.00 90.00 $0.00 $0.00 #ON101 $0.00 40.00 50.00 $0.00 #DN10! WOO $0.00 $0.00 50.00 4`11N/01 $0.00 $0.00 $0.00 80.00 #ON/01 30,00 $0.00 $0.00 40.00 SUBTO TALS $11,714.96 519,066.98 $0.00 Remark& Subtotal (19W+materml+"uipmera) Labor Bunion 43%of labor $11,714.96 OVER HEAD 10 %A+B PROFIT 5%ofabo Sales Tax 8.25 % of taxable Items Total (A+B+C+D+E) RFCEIVED C15_RevDS~ajag 2006 HUNTCG':v i',,CtIONCRDUP Page 1 kz.,1 $31,670.94 $5,037.43 $3,670.84 $2,018.98 $0.00 542,998.17 C1505 14U6 -pc~ 3 C&L Concrete Construction, Inc. 1753 North Earl Rudder Freeway Bryan, Texas 77803 (979) 778-3162 or (979) 778-4303 Fax (979) 778-4692 e-mail: clconcrete@cox-internet.com web: www.clconcreteconstuction.com Memorandum To: Corbyn Roberts Co: Hunt Construction From: Nathan Minarcik Date: May 15, 2006 Subject: Deduct for paving in Stall Barn We have included 43,074 square feet of 4" paving in stall barn, as per your request, the break-out price for this item is $2.60 per square foot. Total proposed deduct- $111,992.40 The header curb around the dirt area which is 385 L.F. is valued at $7.00 per linear foot. Total $2695.00 Projo Manager C&L Concrete Construction Inc. REC RT'~TED MAY - 5 ?nnF BY: ga.P~r a47 GLENN 7G f INC. P.O.BOX589 HIGHWAY &HEAVY CON CONTRACTORS OFPICM(930835.7153 NAVASOTA, TX 77868 PAX: (936) 835.2165 MECOPY MEMORANDUM nAT1+;~~~D6 TOTAL PAGPS:-J. TO (Z O/' , Vf2 f/-s- LOCATION:- ~J 1~ G'dnS c9 ,NDe.,& FROM• zO h,,r e~ /~I~ •~r ~i ~U COMMENTS An, cs -0 a cs~ / Sa c d i Gorrr_ F"afr . -'1-93_oa© IF YOU HAVE ANY QUESTIONS, OR )F THE FAX ISOES NOT APPEAR CLEAR PLEASE CONTACT OUR OFFICE ASAP. THANK YOU. F? CelVED juiv S 2006 HIXT CO ,STPUCT(ONGROUP 100d l9 ll'1S/l5 ll l9a 90 l0 WOad 9[ a r ~iAa s X46 mg, _ 66d4 E !C A- r - A_ N j ~ _ ors Bi - V i- L= F - 116 il. V-- A4 . _ A-_ L-= i i OOC^~00^ 00 Kk$ ME p ~ v P C pia iA g \9\ ~ i $ BRAZOS COUNTYNARD EXPOSITION CENTER ~a r, A a~ H IGHWAY 47 AND LEO ROAD i,gl E f l i 3 earnn.runanem - a ~ ~ gI Al ELECTR ICAL POWER PLAN - STALL BARN ~ i 1 > Corbyn A. Roberts From: Clint Johnson [ClintJ@CSELEC.COM] Sent: Wednesday, June 07, 2006 4:17 PM To: Corbyn A. Roberts Subject: Stall Barn Drops Corbyn, attached is a sketch for the stall barn drops. This using this method we would mount the uniStrut directly to the purlins and the weight per sq ft would be approx. 120lbs per 400 sq ft, or .3 Ibs per sq ft. It is my understanding that Brian is putting together a drawing of the new stall layout which we will need to accurately estimate a hanging grid system. Clint Johnson Project Manager College Station Electric Inc. Tel. 979-774-8948 Fax: 979-776-5865 6/7/2006 w. i A+r S s t RECEIVED JUN 0 7 2006 HUNT CONSTRUCTION GROUP Corbyn A. Roberts From: James Draws oldrews@nndudleyconstruction.com] Sent: Thursday, July 06, 2006 8:48 AM To: Corbyn A. Roberts Subject: FW: Brazos County Expo Center/Metallic Job #228872 Good morning, Corbyn: Please see my inquiry e-mail and the response below relative to the Stall Bam lighting revisions. I hope this is what you need. Thank you, 1,a~ * Metal Building Division Manager Dudley Construction, LTD 11370 State Hwy 30 College Station, 7X 77845 Phone: 979-589.3185 Fax: 979-589-2689 %ldrewsQumdud/eyconstraction.com From. Henry Lille [mailto:Hlilie@ndip.com] Sent: Thursday, July 06, 2006 8:29 AM To: James Drews Subject: RE: Brazos County Expo Center/Metallic Job #228872 James, You are correctl The lighting doesn't amount to much in weight, so we are covered in design Thanks, Henry Lille - Project Manager Metallic NO Building Systems, LP Direct Line: 832-590.1928 Direct Fax: 832-590-2962 Email: hlilieOncilp.com From: James Drews [mailto:jtdrews@rmdudleyconstruction.com] Sent: Friday, June 30, 2006 9:56 AM To: Henry Lille Subject: Brazos County Expo Center/Metallic Job #228872 Good morning, Henry The owner is proposing to change the lighting setup that occurs in the stalls of the Stall Bam between frame lines 5 and 7 and 11 and 13 in the "clouded" areas on the attached electrical floor plan. It seems that this system will only amount to 0.3 pounds per square foot. Since we already have 3psf collateral, that includes lighting, this doesn't seem to actually be an addition. But, I wanted to let you review this so you could confirm my feelings. 7/6/2006 6a ,s,M asa Agreement for Advisory and Consultative Services between Brazos County Office of the Sheriff and the TAMU Psychology Clinic in the Department of Psychology at Texas A&M University Proposal prepared by Robert W. Heffer Department of Psychology Texas A&M University July 13, 2006 Gy... w,ad0cs1cIWc1shedff06. doc Brazos County Office of the Sheriff / TAMU Psychology Agreement Page 2 of 6 Institutional Representatives Authorizations: For Brazos county Christopher Kir Sheriff Brazos Couhty Commissioners Court For Texas A&M Dean K. Endler, Executive Director Contract Administration Date: / Date: Date: C.y... wpdocs/cAnic/sherifi 06. doc Brazos County Office of the Sheriff / TAMU Psychology Agreement 3 of 6 Agreement for Advisory and Consultative Services between Brazos County Office of the Sheriff and the Psychology Clinic in the Department of Psychology at Texas A&M University This contract outlines an agreement between the Brazos County Office of the Sheriff (henceforth referred to as Brazos County Sheriff) and the clinical psychology program in the Department of Psychology at Texas A&M University (henceforth referred to as TAMU, employer's I.D.# 76-4000531; profession/occupation: psychologist) regarding Advisory and Consultative Services between the two institutions. The TAMU address for correspondence regarding services is: Carolyn Ivison, Senior Secretary, TAMU Psychology Clinic, Department of Psychology, Texas A&M University, 4235 TAMU, Texas 77843-4235 Phone: 979-845-8017 The TAMU liaison to Brazos County Sheriff is Robert Heffer, Ph.D., Director TAMU Psychology Clinic, Department of Psychology. Brazos County Sheriff agrees to retain TAMU for a period of 12 months beginning October 1, 2006 and continuing until September 31, 2007 to furnish psychological evaluations of Detention Officer or Deputy Sheriff candidates in accordance with regulations set forth in the Texas Commission on Law Enforcement Officers Standards and Education. Specifically, each evaluation will include: (a) a thorough clinical interview, (b) an appropriate global measure of personality/psychosocial functioning, and (c) additional specific measure(s) of behavioral style as indicated by other evaluation measures or referral questions posed. Fees and Reimbursement Brazos County Sheriff agrees to pay and TAMU agrees to accept, as full compensation, the sum of $220.00 per psychological evaluation and the sum of $100.00 per psychological re- evaluation. Re-evaluations typically are required when the respondent answers evaluation questions in a manner that invalidates the test results. Payment will be based on the timely submission of signed L-3 forms and evaluation reports for the time period during which the referral for evaluation was made. The number of evaluations will vary over the months in which this contract is in effect. L-3 Forms and Evaluation Reports TAMU, prior to receiving reimbursement under this Agreement, agrees to provide Brazos County Sheriff with a copy of psychological evaluation reports generated on persons served under this Agreement. Specifically, TAMU agrees to schedule evaluations within 2 weeks after receiving written request from Brazos County Sheriff to conduct such evaluations. TAMU agrees to provide verbal feedback to Brazos County Sheriff, and make available for mailing or personal pick-up, the TCLOESE L-3 (Declaration of Psychological and Emotional Health) form within 3 C.y... wpdocs1c/inic/sherih`06. doc Brazos County Office of the Sheriff / T AMU Psychology Agreement 4 of 6 working days of completion of the testing. Within 14 working days of the completion of testing, TAMU agrees to make available the psychological evaluation report for mailing to, or personal pick-up by, the Brazos County Sheriff. Situations that alter these expectations will be discussed via phone or emaii by TAMU and Brazos County Sheriff as soon as either party becomes aware of the need to change expectations for a given referral. Financial Statements for Services Rendered TAMU will provide Brazos County Sheriff a financial statement by the 10th day of each month for services rendered during the previous month. Brazos County Sheriff agrees to pay TAMU for services by the 8th working day of the month following receipt of the financial statement. This contract may be subject to termination with 30-days notice for lack of timely reimbursement. Early Termination This Agreement may be canceled upon 30 days written notice by either party. In the event this Agreement is canceled, TAMU will be paid only for the time that services were actually performed and when required evaluation reports are presented to Brazos County Sheriff within three weeks of the cancellation of this Agreement. Professional Liability and Credentials Professional liability insurance provided to faculty supervisors and graduate students in clinical psychology through the Department of Psychology will cover services provided through this Agreement. TAMU agrees to provide the Brazos County Sheriff, if requested, with a copy of current professional credentials and professional liability insurance applicable to acts, omissions, or negligence in the course of performing services under this Agreement. TAMU will not be held liable for information communicated in evaluation reports that may result in a decision to dismiss or fail to hire an applicant. TAMU will not be held liable for misconduct, poor job performance, or poor judgments made by officers following an evaluation TAMU completes. Additional Professional Issues Students and faculty supervisors appointed by TAMU agree to comply with policies established by the TAMU Psychology Clinic regarding code of ethics, confidentiality, and other issues relevant to provision of consultative clinical services. This contract in no way obligates Brazos County Sheriff to rely exclusively on TAMU for the services described in this contract. Other Direct Costs Regarding other direct costs, Brazos County Sheriff will pay the amount per completed evaluation specified in the preceding section entitled "Fees and Reimbursement." Other direct costs will be used by the TAMU Psychology Department for supplies, photo-reproduction, books, journals, training tapes, software, equipment, professional dues, travel expenses, educational development, and other directly related costs. - C.}! wpdocs/ciinic/sheriff06. doc P'i; 6 Brazos County Office of the She,.'T ,I TAMU Psychology Agreement 5 of 6 Renewal Pending authorization from both Brazos County Sheriff and TAMU, this agreement may be renegotiated for a specified period beginning October 1, 2007. Renewals of this agreement may include an annual increase for services rendered. C.y... wpdocs1cI1Wr,1she1V M do c F~2 ~ = ZS7 0* OFFICE oftlrr ATTORNEY GENERAL GREG ABBOTT July 13, 2006 The Honorable Marc Hamlin District Clerk, Brazos County 300 East 26th St. Suite 216 Bryan, TX 77803- Re: Contract between Brazos County and the Office of the Attorney General of Texas, Contract No. 07-00038 Dear Colleague: I am sending you two original copies of the above referenced Contract for your County Judge's signature. The contract references five (5) attachments. Only Attachment E is required to be returned with the signed contracts. For your convenience, an extra copy of Attachment E has been included. The following table provides further clarification of the contract attachments: A OAG Information and All personnel requesting access to the Security Policy Manual OAG child support system must read the OAG Information and Security Policy Manual. B Security Statement Attachment B is required for all personnel requesting access to the OAG child support system and must be acknowledged each time a user accesses the system. C Child Support Online Login Attachment C is required for all personnel Policy requesting access to the OAG child support system and must be acknowledged each time a user accesses the system. D Data Integrity Procedures Attachment D provides procedures for county personnel to verify member information before updating the TXCSES Webs stem E Certification Regarding One copy of Attachment E, signed by the I Lobbying County Judge, must be returned with the original contracts. VOL2ia PAGE -)E;$ POST OFFICE Box 12017, AUMN, TEXAS 78711-2548 TEL-(512)463-2100 WEB: W W W.OAG.STATE.TX.US An Equal Employment Opportunity Employer Primed on Recycled Paper Please return both copies of the Contract to the following address when the original copies of the Contract have been signed: Office of the Attorney General Attn: Sue Myers Child Support Division, Mail Code 058-3 P.O. Box 12017 Austin, Texas 78711-2017 I will forward the contracts to the Director of Child Support for final signature once the signed copies have been received by our office. An original copy of the executed contract will be returned to you after all signatures have been obtained. Thank you for your cooperation and assistance. Sincerely, 7414--~7 Allen Broussard Manager, Government Contracts Child Support Division V34. ~4 PACE 1:1,59 POST OFFICE Box 12017, AUSnN, TExAs 78711.2548 TEL: (512) 463,2 100 WEB: W W W.OAG.STATE.TX.US M Equal Employment Opportunity Employer -Printed on Recycled Paper Please contact the following staff if you have questions: Cooperative Agreement between The Office of the Attorney General of the State of Texas and Brazos County, Texas CONTRACT NO.07-00038 INTRODUCTION & PURPOSE 1.1 This document encompasses furnishing Registry Only court order information relating to Protective Orders and Family Violence under the Texas Family Code, Title 4, Subtitle B and Suits Affecting the Parent-Child Relationship under the Texas Family Code, Title 5, Subtitle B for use in the State and Federal Case Registries ("State Case Registry") and local handling of inquiries on (including any necessary research) and receiving information about Child Support Cases where child support payments are remitted to the Texas Child Support State Disbursement Unit (SDU) ("Local Customer Service"). A County may contract to provide State Case Registry services only. However a County contracting to provide Local Customer Service must also contract to provide State Case Registry. 1.2 Brazos County ("County") is contracting with the Office of the Attorney General ("OAG") to furnish Registry Only court order information relating to Protective Orders and Family Violence under the Texas Family Code, Title 4, Subtitle B and Suits Affecting the Parent-Child Relationship under the Texas Family Code, Title 5, Subtitle B for use in the State and Federal Case Registries and handle inquiries on (including any necessary research) and receive information about Child Support Cases where child support payments are remitted to the SDU. 1.3 This Contract and its attachments (all of which are made a part hereof and expressly included herein) is entered into under the authority of Texas Family Code Section 231.002. 1.4 The term "OAG Systems" when used in this Contract encompasses the OAG Child Support Case Management System (commonly referred to as TXCSES ) and any applicable automated systems used by the OAG's Vendor for the SDU including all of their subsystems, functions, processes, and security requirements. 1.5 Unless specified otherwise in this Contract, all procedures required to be followed SCR/LCS: Vem 05,06/21106 Page l of 29 Ph'Gir- 0)(0c) by the County will be made available to the County on the OAG portal at http://portal.oag.state.tx.US. 2 CONTRACT PERIOD This Contract shall commence on September 1, 2006 and shall terminate on August 31, 2008, unless terminated earlier by provisions of this Contract. 3 STATE CASE REGISTRY ACTIVITIES 3.1 County shall provide to OAG new and modified child support court orders entered after the effective date of the Contract for Registry Only child support court order information relating to Suits Affecting the Parent-Child Relationship. 3.1.1 County shall use the original court ordered documents to obtain the relevant information for entry to the OAG Systems or may use the "Record of Support" published in the Texas Family Law Manual, or a similar form completed by the District Clerk or Local Registry's office that summarizes the relevant court ordered child support information. 3.1.2 County must provide, if available, the following data elements: 3.1.2.1 participant type (dependent, custodial parent, non-custodial parent) 3.1.2.2 family violence indicator 3.1.2.3 name of each participant (last and first) 3.1.2.4 sex code for each participant 3.1.2.5 social security number for each custodial parent and non-custodial parent 3.1.2.6 date of birth for each participant 3.1.2.7 cause number 3.1.2.8 cause county code 3.1.2.9 start date of cause 3.1.2.10 order modification date 3.1.2.11 address lines 1, 2, and 3, City, State, Zip (custodial parent only). SCR/LCS: Vers 05,06/21/06 Page 2 of 29 3.1.3 County shall provide data elements and/or information updates to the OAG Systems for Registry Only child support court orders signed on or after October 1, 1998. 3.1.4 County shall enter updates on OAG Systems for new case and /or member information provided by the custodial parent, non-custodial parent, employer, court or attorney of record to the County. This includes but is not limited to address information, changes in custody, court order terminations of all types, child emancipation, multiple payees or payors, case deactivation and order transfers. 3.1.5 County shall provide new order information within either five (5) working days of the judge signing the order or five (5) working days of the date that the County is notified by the Texas State Disbursement Unit ("SDU") that a payment has been received at the SDU; whichever is earlier. 3.1.6 County shall provide update order information within three (3) working days of receipt. 3.1.7 County shall provide new and updated order information by data entry directly onto OAG Systems, unless agreed to otherwise in writing by the OAG Contract Manager. LOCAL CUSTOMER SERVICE 4.1 County Customer Service Unit Resources and Services The term "Child Support Cases" when used in this Section 4 and its Subsections means: Registry Only cases (a Registry Only case is a case where the payment is remitted to the State Disbursement Unit by an employer pursuant to an original order signed on or after January 1, 1994) and all IV-D cases (also known as "Full Service Cases"). 4.1.1 County shall provide the resources necessary to accomplish the following allowable categories of customer service activity on Child Support Cases in accordance with the requirements of the Security and Confidentiality Section below: Payment Inquiry, Payment Research, Employer Payment Related Calls, OAG Payment Related Calls, Withholding Inquiry (Employer, CP, NCP). These activities include but are not limited to: 4.1.1.1 Researching payments on Child Support Cases that should have been but were not received by the OAG. 4.1.1.2 Researching disbursements on Child Support Cases that should have been but were not received by the custodial parent. SCR/LCS: Vem 05.06/21/06 Page 3 of 29 ,Y ~a> aka 4.1.1.3 providing payment records on Child Support Cases to the court, the guardian ad litem for the child, the custodial and non-custodial parent and their attorneys, a person authorized by the custodial or non-custodial parent to have the payment history information, and a District or County attorney for purposes of pursuing prosecution for criminal non-support of a child. 4.1.2 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. 4.1.3 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. 4.2 Customer Service Unit Documentation 4.2.1 County shall follow OAG procedures relating to data integrity, set forth in Attachment D, when accepting changes to case information i.e., procedures to properly identify the caller. 4.2.2 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. 4.2.3 County shall use OAG processes and procedures for forwarding misdirected inquiries between the County, and the OAG and the OAG's designated agent where necessary by providing the toll free number to the OAG's Call Center which is 1-877-474-4463. 4.2.4 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 15'" day of the month following the reporting month. 4.2.5 The electronic files associated with customer service activity that the County SCR/LCS: Vem 05, 06121/06 Page 4 of 29 V,,,= 11 fi,..,rv oc 3 may receive and process are: 4.2.5.1 Full Service and Registry Only Collections, technical document name: Interface Control Document 012 (ICD012). 4.2.5.2 Registry Only Disbursement Data, technical document name: Interface Control Document 013 (ICD013). 4.2.5.3 Full Service and Registry Only Collection Adjustments, technical document name Interface Control Document 015 (ICD015). 4.2.5.4 Registry Only Case Data from Local Registries, technical document name: Interface Control document 050 (ICD050). 4.2.6 The electronic file associated with customer service activity that the County may transmit is: 4.2.6.1 OAG Systems and Local Registries Customer Service Activities, technical document name: Interface Control Document 035 (ICD035). 4.2.7 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. 4.2.8 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. 5 ACCESSING OAG SYSTEMS 5.1 County Responsibilities 5.1.1 Work with the OAG or its designated agent to acquire, when needed, (at no cost to the County) from the OAG or its designated agent one personal computer, including the necessary software, to access the OAG Systems. County will work with the OAG or its designated agent to obtain the database access required. County is responsible for connecting the hardware to its own County network and for the cost associated therewith. 5.1.2 County must make necessary programming changes to its own automated child support system to accomplish the local customer service activities in this Contract. If the County employs a Vendor for maintenance and changes SCR/LCS: Vers 05, 06/21/06 Page 5 of 29 to its automated child support system, County must coordinate efforts between the County Vendor and the OAG or its designated agent. 5.1.3 Should the County desire to retain their legacy case management system, whether in-house or vendor based, the County is required to maintain strict data synchronization with the OAG Systems. To accomplish this the County must demonstrate sufficient resources and ability to receive and process into the County legacy system daily data updates from the OAG in ICDO50 format. 5.1.4 County will be authorized to implement the data synchronization process upon completion of demonstrated ability and a documented system test. 5.1.5 Whether the County retains their legacy case management system or if data synchronization with the OAG Systems is not feasible the County shall enter all case/member information directly onto the designated OAG System unless agreed to otherwise in writing by the OAG Contract Manager. 5.1.6 The 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, within a reasonable time frame. 5.1.7 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. 5.1.8 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 OAG Responsibilities 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 SCR/LCS: Ven 05, 0621/06 Page 6 of 29 S 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. 6 REIMBURSEMENT 6.1 OAG shall monitor County OAG Systems State Case Registry and, if applicable, Local Customer Service activities (direct data entry or electronic file) and summarize for monthly reimbursement amounts. 6.2 OAG shall forward a Summary and Reimbursement Voucher to the County for review and approval. 6.3 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, State Case Registry and Local Customer Service Mail Code: 062 Office of the Attorney General P.O. Box 12017 Austin, Texas 78711-2017 6.4 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. 6.5 Reimbursement for Inquiries Handled by a County-Specific IVR 6.5.1 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 8.14 below and to assure that SCR/LCS: Ven 05, 06/21106 Page 7 of 29 ga y a 60 information is provided only to persons authorized to have access to the information. The County must alse 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 OAG Systems 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. 6.5.2 County shall track and make available, upon request of OAG, documentation regarding inquiries received and 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: Payment Inquiry, Payment Research, Employer Payment Related Calls, OAG Payment Related Calls, Withholding Inquiry (Employer, CP, NCP). For inquiries handled by a County-specific IVR 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 IVR system is capable of performing. A County report to OAG Systems is not required. 6.5.3 County shall bill OAG monthly, on a form provided by OAG, for the customer inquiries received and answered through the County-specific IVR during the preceding month. County shall submit invoices each month to: Contract Manager, State Case Registry and Local Customer Service Mail Code 062 Office of the Attorney General P.O. Box 12017 Austin, Texas 78711-2017 6.5.4 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 SCR/LCS: Vem 05, 0621/06 Page 8 of 29 Oa a ~-7 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 6.2.5.2 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 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. 6.6 Reimbursement Rates 6.6.1 State Case Registry The OAG shall be financially liable to the County for the federal share of the County's Contract associated cost. Federal share means the portion of the County's Contract associated cost that the federal Office of Child Support Enforcement reimburses the state as federal financial participation under Title IV-D; for purpose of reference only the federal share on the effective date of this Contract is 66%. The County agrees that for the purposes of this Contract all of the County's Contract associated costs for any given calendar month is equal to the number of new and modified Registry Only Court Orders (together with all required data elements) provided to the OAG during the calendar month multiplied by a per new and modified Registry Only Court Order fee of $11.89 per new and modified Registry Only Court Order plus the number of Registry Only Court Orders updated during the calendar month multiplied by a per SCPACS: Ven 05,06121/06 Page 9 of 29 ~ ° djox Registry Only Court Order updated fee of $3.,39 per Registry Only Court Order updated. Thus: [(Calender Month new and modified Registry Only Court Orders provided x $11.89) + (Calender Month Registry Only Court Orders updated x $3.09)] x Federal Share = OAG Liability. 6.6.2 Local Customer Service The OAG shall be financially liable to the County for the federal share of the County's Contract associated cost. Federal share means the portion of the County's Contract associated cost that the federal Office of Child Support Enforcement reimburses the state as federal financial participation under Title IV-D; for purpose of reference only the federal share on the effective date of this Contract is 66%. The County agrees that for the purposes of this Contract all of the County's Contract associated costs for any given calendar month is equal to the number of inquiries on IV-D cases handled by County personnel during the calendar month, plus the number of inquiries on Registry Only cases (See Section 4.1 for the meaning of Registry Only cases) minus the Federal Disallowance Percentage, multiplied by a per inquiry fee of $3.09 per inquiry. For purpose of reference only the Federal Disallowance Percentage on the effective date of this Contract is 13%. Thus: (Calender Month IV-D Inquiries Handled by County Personnel) + (Calendar Month Registry Only Inquiries Handled by County Personnel - Federal Disallowance Percentage) x ($3.09) x (Federal Share) = OAG Liability. 6.6.3 Inquiries Handled by a County-Specific IVR The OAG shall be financially liable to the County for the federal share of the County's Contract associated cost. Federal share means the portion of the County's Contract associated cost that the federal Office of Child Support Enforcement reimburses the state as federal financial participation under Title IV-D; for purpose of reference only the federal share on the effective date of this Contract is 66%. The County agrees that for the purposes of this Contract all of the County's Contract associated costs for any given calendar month is equal to the number of inquiries on IV-D cases handled by a County-specific IVR during the calendar month, plus the number of inquiries on Registry Only cases (See Section 4.1 for the meaning of Registry Only cases) minus the Federal Disallowance Percentage handled by a County-specific IVR, multiplied by a per inquiry fee of $0.137 per inquiry. For purpose of reference only the Federal Disallowance Percentage on the effective date of this Contract is 13%. Thus: (Calender Month Inquiries Handled by a County-specific IVR) + (Calendar Month Registry Only Inquiries Handled by a County-specific IVR - Federal Disallowance Percentage) x ($0.137) x (Federal Share) = OAG Liability. 6.6.4 Federal Disallowance Percentage The Federal Disallowance Percentage is subject to change either by independent OAG action or as a result of a federal determination. Should the OAG determine that the percentage should be adjusted (either as an increase or a reduction of the current percentage) such adjustment shall be applied prospective only. Should a federal SCR/LCS: Vers 05,06n 1106 Page 10 of 29 Bar a~q determination result in an adjustment of the percentage (either as an increase or a reduction of the current percentage) such adjustment shall be applied in a manner consistent with the federal determination (i.e. prospective only or retroactive to the commencement date of the Contract). Where the federal determination results in a retroactive application, the County shall refund to OAG (in the case of an increased percentage) the amount due to OAG within sixty (60) calendar days of the date of the written OAG request for refund; provided further that such amounts may be offset and deducted from any funds payable under this Contract. Where a payment is due to County (in the case of a reduced percentage) the OAG shall make such payment to County within thirty (30) calendar days of receipt of additional federal financial participation funds received as a result of the retroactive application of the reduced percentage. 6.7 Limitation of OAG Liability 6.7.1 The OAG shall be liable only for Contract associated costs incurred after commencement of this Contract and before termination of this Contract. 6.7.2 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. 6.7.3 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. 6.7.4 The OAG shall not be liable for reimbursing the County if the County fails to comply with the State Case Registry Activities, the County Customer Service Unit Resources and Services, and/ or the Customer Service Unit Documentation Sections above in accordance with the requirements of those sections. 6.7.5 The OAG shall not be liable for reimbursing the County for any activity currently eligible for reimbursement as of right without the necessity for a prior existing contract e.g. sheriff/processor fees. Nor shall the OAG be liable for reimbursing the County for any activities eligible for reimbursement under another contract or Cooperative Agreement with the OAG e.g. customer service related to cases in the same County's Integrated Child Support System ("ICSS") caseload, when the County has an ICSS contract with the OAG. Nor shall the OAG be liable for reimbursing the County for information correcting erroneous information previously provided by the County. SCR/LCS: Vets 05, 06/21/06 Page 11 of 29 & a7c) 7 GENERAL REQUIREMENTS 7.1 Written Notice Delivery Any notice required or permitted to be given under this Contract by one party to the other party shall be in writing and shall be addressed to the receiving party at the address hereinafter specified. The notice shall be deemed to have been given immediately if delivered in person to the recipient's address hereinafter specified. It shall be deemed to have been given on the date of certified receipt if placed in the United States mail, postage prepaid, by registered or certified mail with return receipt requested, addressed to the receiving party at the address hereinafter specified. 7.1.1 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 300 E. 26th Suite 216 Bryan, Texas 77803 7.1.2 OAG The address of the OAG for all purposes under this Contract and for all notices hereunder shall be: Alicia G. Key (or her successor in office) Director, Child Support Division Office of the Attorney General P.O. Box 12017 Austin, Texas 78711-2017 With copies to: Joseph Fiore (or his successor in office) Managing Attorney, Contract Operations, Child Support Division Office of the Attorney General P. O. Box 12017 Austin, Texas 78711-2017 SCR/LCS: Vers 05, 06/21/06 Page 12 of 29 Ea . a-) 1 7.2 7.3 7.4 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. The OAG may at its option or at the request of County provide technical assistance to assist County in the operation of this program. County shall provide physical access without prior notice to all sites used for performance of service under this Contract to the OAG, United States Department of Health and Human Services, Comptroller General of the United States, and State Auditor of Texas. County shall grant to the OAG, the United States Department of Health and Human Services, Comptroller General of the United States, and State Auditor of Texas access, without prior notice, to all books, documents, and records of the County pertinent to this Contract. The County books, documents, and records may be inspected, monitored, evaluated, audited and copied. County shall cooperate fully with the OAG, United States Department of Health and Human Services, Comptroller General of the United States, and State Auditor of Texas in the conduct of any audit and/or investigation including the providing of any requested books, documents, and records. County shall retain all financial records, supporting documents, statistical records, and any other records, 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. 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 County shall refund to OAG the amount disallowed within thirty (30) calendar days of the date of the written OAG request for refund; provided further that such amounts may be offset and deducted from any funds payable under this Agreement. Remedies for Non-Performance 7.4.1 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 SCR/LCS: Ven 05,06/21/06 Page 13 of 29 ~a q~ aka later then fifteen (15) calendar days from the hate the County received the written finding of unsatisfactory performance. The ,ritten dispute must detail why the County believes the finding is erroneous and must contain all supporting documentation. The OAG Contract Manager will review the dispute submission to determine the validity of the original finding of unsatisfactory performance. The determination of the OAG Contract Manager shall be final and shall conclude the review process. The OAG Contract Manager's determination shall be communicated to the County in writing. If a written dispute of the original finding of unsatisfactory performance is not received by the OAG Contract Manager by the time set forth above, the finding of unsatisfactory performance shall be deemed validated and the County shall have waived its right to dispute the finding. 7.4.2 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. 7.4.3 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. 7.5 Training on OAG Systems Any County staff performing functions under this Contract must be trained on OAG Systems. Classroom Training on OAG Systems will be scheduled upon request from the County, by the end of the quarter following such request. Classroom Training will be provided by OAG Regional Trainers at each of the OAG Regional Training Centers. County shall be responsible for any and all costs associated with this training, including, but not limited to, costs for travel, lodging, meals and per diem; provided, however that the OAG shall be responsible for the cost of training materials and equipment required to complete the training class. OAG will publish SCR/LCS: Vers 05,06/21/06 Page 14 of 29 training schedules on the OAG portal. County is responsible for scheduling the training with the OAG and shall direct training requests to: Larry Acevedo Office of the Attorney General Mail Code 053 P.O. Box 12017 Austin, Texas 78711-2017 email address: Larry.Acevedo@cs.oag.state.tx.us 8 TERMS AND CONDITIONS 8.1 Assignment County will not assign its rights under this Contract or delegate the performance of its duties under this Contract without prior written approval from the OAG. 8.2 Liaison County and OAG each agree to maintain specifically identified liaison personnel for their mutual benefit during the term of the Contract. The liaison(s) named by County shall serve as the initial point(s) of contact for any inquiries made pursuant to this Contract by OAG and respond to any such inquiries by OAG. The liaison(s) named by OAG shall serve as the initial point(s) of contact for any inquiries made pursuant to this Contract by County and respond to any such inquiries by County. The liaison(s) shall be named in writing at the time of the execution of this Contract. Subsequent changes in liaison personnel shall be communicated by the respective parties in writing. 8.3 Subcontracting It is contemplated by the parties hereto that County shall conduct the performances provided by this Contract substantially with its own resources and through the services of its own staff. In the event that County should determine that it is necessary or expedient to subcontract for any of the performances specified herein, County shall subcontract for such performances only after County has transmitted to the OAG a true copy of the subcontract County proposes to execute with a subcontractor and has obtained the OAG's written approval for subcontracting the subject performances in advance of executing a subcontract. County, in subcontracting for any performances specified herein, expressly understands and acknowledges that in entering into such subcontract(s), the OAG is in no manner liable to any subcontractor(s) of County. In no event shall this provision relieve County of the responsibility for ensuring that the performances rendered under all subcontracts comply with all terms of this Contract. SCR/LCS: Ven 05,06/21106 Page 15 of 29 8.4 Civil Rights County agrees that no person shall, on the ground of race, color, religion, sex, national origin, age, disability, political affiliation, or religious belief, 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. 8.5 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 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. 8.6 OAG Rights Upon Loss of or Reduction of Funding 8.6.1 Contract Contingent Upon Continued Funding All obligations of the OAG are subject to the availability of legislative appropriations and, for federally funded procurements, to the availability of federal funds applicable to this procurement (see Federal Funding, subsection below). The parties acknowledge that the ability of the OAG to make payments under this Contract is contingent upon the continued availability of funds for the Child Support Enforcement Strategy and the State Disbursement Unit Strategy (collectively "Strategies"). The parties acknowledge that funds are not specifically appropriated for this Contract and the OAG's continual ability to make payments under this Contract is contingent upon the funding levels appropriated to the OAG for the Strategies for each particular appropriation period. The OAG will use all reasonable efforts to ensure that such funds are available. The parties agree that if future levels of funding for the OAG Child Support Enforcement Strategy and/or the State Disbursement Unit Strategy are not sufficient to continue operations without any sCR/LCS:Vera05,06nI/06 Page 16 of 29 11 ~a c~7S operational reductions, the OAG, in its discretion, !nay terminate this Contract, either in whole or in part. In the event of such termination, the OAG will not be considered to be in default or breach under this Contract, nor shall it be liable for any further payments ordinarily due under this Contract, nor shall it be liable for any damages or any other amounts which are caused by or associated with such termination. The OAG shall make best efforts to provide reasonable written advance notice to County of any such termination. In the event of such a termination, County shall, unless otherwise mutually agreed upon in writing, cease all work immediately upon the effective date of termination. OAG shall be liable for payments limited only to the portion of work the OAG authorized in writing and which the County has completed, delivered to the OAG, and which has been accepted by the OAG. All such work shall have been completed, per the Contract requirements, prior to the effective date of termination. 8.6.2 Federal Funding 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, in its discretion, may terminate this contract, either in whole or in part. In the event of such termination, the OAG will not be considered to be in default or breach under this contract, nor shall it be liable for any further payments ordinarily due under this contract, nor shall it be liable for any damages or any other amounts which are caused by or associated with such termination. The OAG shall make best efforts to provide reasonable written advance notice to Contractor of any such termination. In the event of such a termination, County shall, unless otherwise mutually agreed upon in writing, cease all work immediately upon the effective date of termination. OAG shall be liable for payments limited only to the portion of work the OAG authorized in writing and which the County has completed, delivered to the OAG, and which has been accepted by the OAG. All such work shall have been completed, per the Contract requirements, prior to the effective date of termination. 8.7 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 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. SCR/LCS: Vers 05, 06/21/06 Page 17 of 29 a23A 8.8 8.9 8.10 8.11 8.12 8.13 News Releases or Pronouncements News releases, advertisements, publications, declarations, and any other pronouncements pertaining to this Contract by County, using any means or media, must be approved in writing by the OAG prior to public dissemination. Date Standard Four-digit year elements will be used for the purposes of electronic data interchange in any recorded form. The year shall encompass a two digit century that precedes, and is contiguous with, a two digit year of century (e.g. 1999, 2000, etc.). Applications that require day and Month information will be coded in the following format: CCYYMMDD. Additional representations for week, hour, minute, and second, if required, will comply with the international standard ISO 8601: 1988, "Data elements and interchange formats--Information interchange--Representation of dates and times." 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. Headings The headings for each section of this Contract are stated for convenience only and are not to be construed as limiting. Dispute Resolution Process for County Breach of Contract Claim 8.13.1 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. 8.13.2 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 SCR/LC& Vem 05,06/21/06 Page 18 of 29 Ca , )75b 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 Director, Child Support Division, 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. 8.13.3 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. 8.13.4 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. 8.13.5 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. 8.13.6 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. 8.14 Security and Confidentiality 8.14.1 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 SCWLCS: Vers 05, 06n 1/06 Page 19 of 29 security. OAG, in its sole discretion and without consulting County, may immediately terminate any County employee's or contractor's access to the OAG Systems. County shall immediately notify the OAG Contract Manager, when any person authorized by County to access the OAG Systems 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 or Internal Revenue Service information, or violate any of the requirements of this Security and Confidentiality Section and its subsections, or violate any 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. The OAG shall confer with the County in determining the proper course of action. The OAG reserves the right to conduct an investigation of the security breach with out the County's participation. 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 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 (FTI) 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 Registry Only and/or Full Service information is confidential and County agrees that it shall use and/or SCR/LCS: Vers 05,06/21/06 Page 20 of 29 oa a~ 77 release Registry Only and/or Full Service case information under the circumstances limited to this Contract. 8.14.2 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 requirements set forth in the following subsections of this subsection. The OAG shall have the right to immediately terminate this Contract if the County or any of its officials, employees, and subcontractors fail to comply with any of those requirements. 8.14.2.1 All work shall be performed under the supervision of County officials or County's responsible employees. 8.14.2.2 Any return or return information made available in any format 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) is prohibited. 8.14.2.3 All returns and return information will be accounted for upon receipt and properly stored before, during, and after processing. In addition, all related output will be given the same level of protection as required for the source material. 8.14.2.4 Upon termination of this Agreement all IRS information obtained from the OAG computer system must be completely purged from all data storage components of the County's computer facility and no output will be retained by the County. All hard copy IRS information shall be shredded. If immediate purging of all data storage components is not possible, the County certifies by signing this agreement that any IRS data remaining in any storage component will be safeguarded to prevent unauthorized disclosures. Any time information is destroyed or purged the County shall provide SCR/LCS: Ven 05,06/21/06 Page 21 of 29 4'11. ~a 34 JA the OAG with a statement containing the date of destruction or purging, description of the material destroyed or purged, and the method used. 8.14.2.5 Any spoilage or any intermediate hard copy printout that may result during the processing of IRS data will be given to the OAG or its designee. When this is not possible, the County shall be responsible for the destruction of the spoilage or any intermediate hard copy printouts and shall provide the OAG with a statement containing the date of destruction, description of the material destroyed, and the method used. 8.14.2.6 All computer systems that receive, process, store and transmit FTI information obtained from the OAG computer system shall meet or exceed ISO STD 15408, called common criteria - functional (Protection Profile) and assurance (EAL). To meet functional and assurance requirements, the operating security features of the system must have the following minimum requirements: a security policy, accountability, assurance and documentation. All security features must be available and activated to protect against unauthorized use of and access to FTI obtained from the OAG computer system. 8.14.2.7 No work involving FCI furnished under this Contract will be subcontracted without prior written approval of the IRS. 8.14.2.8 County shall maintain a list of employees authorized access to FTI obtained from the OAG computer system. Such list shall be provided to the OAG and, upon request, to the IRS reviewing office. 8.14.2.9 The OAG shall have the right to void the Contract if the County fails to provide the safeguards described in the above subsections. 8.14.2.10 Each official or employee of any person 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 SCR/LCS: Vers 05, 06/21/06 Page 22 of 29 such official or employee that any such unauthorized further 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 of unauthorized disclosure. These penalties are prescribed by IRC Sections 7213 and 7431 and set forth at 26 CFR §301.6103(n)-1. 8.14.2.11 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. Information contained in such material shall be treated as confidential and shall not be divulged or made known in any manner to any person except as may be necessary in the performance of this Contract. Inspection by or disclosure to anyone without an official need to know constitutes a criminal misdemeanor punishable upon conviction by a fine of as much as $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 unauthorized 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 or disclosure with respect to which such defendant is found liable or the sum of the actual damages sustained by the plaintiff as a result of such unauthorized inspection or disclosure plus in the case of a willful inspection or disclosure which is the result of gross negligence, punitive damages, plus the costs of the action. These penalties are prescribed by IRC Sections 7213A and 7431. 8.14.2.12 Additionally, it is incumbent upon County annually 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 SCR/LCS: Ven 05,06/21/06 Page 23 of 29 ga ~ , ado 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. 8.14.2.13 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 including any IRS safeguard reviews. On the basis of such inspection, or safeguard reviews, specific remedial measures may be required in cases where County or its subcontractors are found to be noncompliant with security information safeguards. 8.14.3 Limited Use Or Release Of Information Information provided by the OAG to County through access to OAG Systems shall be used only for the purposes of carrying out the provisions of this Contract. Inspection by or disclosure of any Registry Only and/or Full Service 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. 8.14.4 Protection Of Information 8.14.4.1 Information accessed shall always be maintained in a secure environment (with limited access by authorized personnel both during work and non-work hours) using devices and methods such as, but not limited to: alarm systems, locked containers of various types, restricted areas, locked rooms, locked buildings, identification systems and control measures, guards, or other devices reasonably expected to prevent loss or unauthorized removal of manually held data. County shall also protect against unauthorized use of passwords, access logs, and badges. 8.14.4.2 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, SCWLCS: Vers 05,06/21/06 Page 24 of 29 8a 281 the equipment shall receive the highest level of protection that is practical. The following security requirements shall be met for FIT. All FPI 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. 8.14.5 Security Agreements And Training 8.14.5.1 County shall ensure that all persons having access to information obtained from OAG Systems are thoroughly briefed on related security procedures, restricted usage, and instructions requiring their awareness and compliance. Annual reorientation sessions shall be conducted to have all appropriate employees and subcontractors reexecute, and/or renew their acceptance of, all applicable security documents and to ensure that they remain alert to all security requirements. 8.14.5.2 County personnel, and when applicable its subcontractors, shall only be granted access to OAG Systems after they have received all required security training, read the OAG Information Security Policy Manual (Attachment A), signed the acknowledgment (and County has given the signed acknowledgment to the OAG Contract Manager) and read and accepted the OAG Automated Computer System Access Statement of Responsibility (Attachment B) and the Child Support Online Login Policy (Attachment Q. 8.14.6 Requests for Public Information 8.14.6.1 The County agrees to forward to the OAG, by facsimile within one Business Day from receipt all request(s) for information residing on OAG Systems and that fall within the scope of the Texas Public Information Act, ( "PIA") (aka Open Records Act), § 552.101, et seq., Texas Government Code. The County agrees that the OAG shall determine whether the County or the OAG shall be responsible for Responding to the particular Public Information ("Open Records") request. Open Records requests shall be faxed to: Open Records Liaison for Child Support SCR/LCS: Vers 05, 06/21/06 Page 25 of 29 - aka Office of the Attorney General Fax (512) 460-6055 8.14.6.2 County agrees to reply to email requests for information that fall(s) within the scope of PIA within one Business Day from receipt by providing the following information: "An internet request for public information must be sent to the Public Information Coordinator at publicrecords @ oag.state.tx.us". 8.14.6.3 County agrees to provide members of the public with the following information in response to telephonic or oral requests for information under the PIA: "The Chief Administrative Officer of the Office of the Attorney General has designated Karen Rabon as the recipient of all requests for public information held by the Office of the attorney General. If you want to view or obtain copies of agency records, please send a written request by mail, fax or email to the following: Karen Rabon Public Information Coordinator Office of the Attorney General P. O. Box 12548 Austin, Texas 78711-2548 By facsimile: (512) 494-8017 By electronic mail: publicrecords@oag.state.tx.us" 8.14.7 Survival Of Provision The obligations of County under this Security and Confidentiality provision shall survive this Contract. 8.14.8 Inclusion in all Subcontracts The requirements of this Security and Confidentiality provision shall be included in all subcontracts. 8.15 Certification Regarding Debarment, Suspension, Ineligibility, and Voluntary Exclusion from Participation in Contracts Exceeding $100,000.00 County certifies by entering into this Contract, that neither it nor its principals are SCR/LCS: Vas 05, 06/21/06 Page 26 of 29 ~a ~3 debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any federal department or agency. The certification requirement of this provision shall be included in all subcontracts that exceed $100,000. 8.16 Environmental Protection (Contracts in Excess of $100,000.00) County shall be in compliance with all applicable standards, orders, or regulations 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. 1251 et seq.). The requirements of this provision shall be included in all subcontracts that exceed $100,000. 8.17 Certain Disclosures Concerning Lobbying [Contracts in excess of $100,000] 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 at the time of execution of this Contract a Certification Regarding Lobbying (Attachment E). This certification certifies that the County will not and has not used federally appropriated funds to pay any person or organization for influencing or attempting to influence any officer or employee of any Federal agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal Contract, grant or any other award covered by 31 U.S.C. 1352. It also certifies that the County will disclose any lobbying with non-Federal funds that takes place in connection with obtaining any Federal award by completing and submitting Standard Form LLL. The requirements of this provision shall be included in all subcontracts exceeding $100,000. 8.18 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. SCR/LCS: Vers 05, 06/21/06 Page 27 of 29 8.19 Applicable Law and Venue County agrees that this Contract in all respects shall be goveirrd 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. 8.20 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. 8.21 Counterparts This Contract may be executed in one or more counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument. 8.22 Attachments 8.22.1 Attachment A: OAG Information Security Policy Manual 8.22.2 Attachment B: OAG Automated Computer System Access Statement of Responsibility 8.22.3 Attachment C: Child Support Online Login Policy 8.22.4 Attachment D: Data Integrity Procedures Changes to Case Information 8.22.5 Attachment E: Certification Regarding Lobbying SCR/LCS: vem 05, 06/21/06 Page 28 of 29 THIS CONTRACT IS HEREBY ACCEPTED Office of the Attorney General Brazos County Alicia G. Key The Director, Child Support Division Cou SCMCS: Vem 05,06/21/06 Page 29 of 29 Randy Sims Brazos County a t: 27 NLLAG11111U11L N ti ;z;vf Y Information Security Policy Manual THIS PAGE INTENTIONALLY LEFT BLANK June, 1999 2 0. Executive Summary 4 1.0 Policy: ................5 1.1 Program Policy: ................5 1.2 Scope of Policy: 5 1.3 Issue-Specific Policy: 5 1.3.1 Use of OAG Information Resources: 5 1.3.2 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 Intewity : 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 6 1.3.10 Asset Protection : 7 1.3.11 Voice/Phone Mail: 7 1.3.12 Data Encryption and Key Management : 7 1.3.13 Security Awareness: 7 1.3.14 Risk Analysis and Risk Management: 8 1.3.15 Contingency Planning: 8 1.3.16 Termination and Transfers : 8 1.3.17 Bulletin Board Access: 8 1.3.18 Internet Policy 8 1.3.19 Passwords: 9 1.3.20 Securi Breaches ................9 1.3.21 Data Communications Systems : 9 1.3.22 Dial-Up Access: 9 1.3.23 User Identification : 9 1.3.24 Warning Statements : 10 1.3.25 System Development and Testing 10 1.3.26 Statement of Responsibility : 10 1.3.27 Automatic Suspension / Deletion of User ID's: 10 1.3.28 Physical Security: 10 1.3.29 Positions of Special Trust : 10 June, 1999 3 a ~,`O Executive Summary The Office of Attorney General [OAG] has a commitment to the citizens of Texas to ensure that the information entrusted to them will be reasonably secure and protected. Unauthorized use of any kind must not be tolerated and such use should be punishable to the fullest extent of the law. An effective information security program takes a lot of work, commitment and cooperation among the employees of OAG. We are all involved in the well-being of this strategic effort. The Information Security Officer for your division (i.e., CSD or A&L) may be contacted for fiuther information as required. Purpose The intent of the OAG Information Security Policy Manual is threefold: 2) comprehensive documentation of the current information security and contingency planning policies as determined by management; 3) education for the users on the proper usage of OAG information assets; and 4) legal ramifications of the misuse of information assets. The Challenging OAG Environment Information asset protection and contingency planning are becoming two of the more complex challenges of the modem automated environment. Our automation systems consist of large central databases, over one hundred (100) Local Area Networks (LAN) and one of the largest Wide Area Networks (WAN) in the State of Texas. Our network is now tied to the Internet, and other State and federal agencies as required. Information Asset Protection and Disclosure As technology becomes more prolific, the chance of OAG information assets becoming destroyed, modified or disclosed, either intentionally or inadvertently, becomes more prevalent. The Texas Administrative Code I TAC 201.13 (b) indicates a required classification and ownership methodology under the Texas Public Information Act. Security Awareness Program A comprehensive security awareness program has been established for all OAG personnel. It is incumbent upon each OAG employee, consultant or contractor to be familiar with the Information Security Policy Manual and associated procedures in his or her respective area. Contingency Planning Finally, the OAG is charged with providing a comprehensive contingency plan and disaster recovery procedures for all data center, and field operations. Information security "ownership," classification, access and controls, resulting risk assessment and criticality analyses are used as a basis for business resumption planning. June, 1999 4 C~i i 1.0 Police 1.1 Program Policy: Information and information resources residing in the Office of the Attorney General (OAG) are strategic and vital assets belonging to the people of Texas. These assets require a degree of protection commensurate with their value. Measures will be taken to protect these assets against accidental or unauthorized disclosure, modification or destruction, as well as to assure the security, reliability, integrity and availability of information. 1.2 Scope of Policy: This policy applies to all information resources that are used by or for the OAG. It applies to information processing systems throughout their life cycle. This policy also applies to all users (manager, employees, contractors, etc.) of OAG information assets. 1.3 Issue-Specific Policy: The following are the policies that cover specific issues as they relate to the security of information within the OAG. 1.3.1 Use of OAG Information Resources: State information resources will be used only for official State purposes. Compliance with this policy will be monitored via periodic maintenance, scheduled and random audits. The individual user of OAG information resources shall have no expectation of privacy for information contained within or processed by an OAG information resource. 1.3.2 Classification of Information (Data) Assets: All information processed by or for the OAG is of value and therefore will be classified. The OAG has three levels of data classification. They are confidential, sensitive and unclassified. Further detailed descriptions of these classifications can be found in the "Information Classifications" section of the hnformation Security Procedure Manual. 1.3.3 Information Asset Protection: Information which is confidential or sensitive will be protected from unauthorized access or modification. Data which is essential to critical State functions must be protected from loss, contamination or destruction. The expense of security safeguards will be appropriate to the value of the assets being protected. June, 1999 a °r arc 1.3.4 Access to OAG Information Assets: Access to OAG information resources must be strictly controlled. State law requires that state owned information resources be used only for official State purposes. Read access to OAG information is on a need-to-know basis. When access by the user requires the use of a password, or other security measure, that security measure must be kept confidential by the intended user. 1.3.5 Data Integrity: The integrity of data, its source, its destination and processes applied to it must be assured. The creation or modification of OAG information may only be performed by authorized personnel. Each user will be individually accountable for his/her actions when handling, processing, or otherwise using OAG information. 1.3.6 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. 1.3.8 Personal Hardware and Software: No personal programs of any kind are to be loaded onto any State computer. Hardware provided by the user may not be used at the OAG or connected to the OAG's networks. 1.3.9 Shareware and Freeware: Shareware and freeware will not be loaded or otherwise used on OAG systems unless specifically approved by the Information Resource Manager. June, 1999 6 1.3.10 Asset Protection: Managing information security within the OAG requires commitment and support on the part of executive, technical and program management. The protection of information assets is a management responsibility. All managers should be involved in the security awareness program and should actively promote security awareness among their staff and enforce OAG policies and procedures. 1.3.11 Voice/Phone Mail: Voice or phone mail is a form of communication which uses information assets. However, employees may use the voice mail system for communicating with other OAG employees and personal business provided such communication does not disrupt or interfere 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 Management: It is not a requirement at this time for agencies to use data encryption techniques for storage and transmission of data. However, those agencies who choose to employ data encryption shall adopt the data encryption standard, also referred to as the DES algorithm, which is defined in the Federal Information Processing Standard Publication 46-2 (FIPS PUB 46-2). Any use of encryption by OAG staff must be approved in advance by their Division Director. For systems employing encryption as described, procedures shall be prescribed for secure handling, distribution, storage and constriction of DES key variables used for encryption and decryption. Protection of the key shall be at least as stringent as the protection required for the information encrypted with the key. Copies of the FIPS PUB 46-2 are available from the Information Security Officer (ISO). 1.3.13 Security Awareness: The OAG will provide an ongoing awareness and training program in information security and in the protection of State information resources for all personnel whose duties bring them into contact with confidential or sensitive data. New employee orientation will be used to establish security awareness and inform new employees and contractors information security policies and procedures. Information security programs must be responsive and adaptable to changing vulnerabilities and technologies affecting State information resources. June, 1999 7 1.3,14 Risk Analysis and Risk Management: Risks to information resources must be managed. The OAG wiil 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. 1.3.15 Contingency 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). 1.3.18 Internet Policy: The OAG has provided e-mail access to the Internet for all employees. Employees should use caution and are responsible for his or her actions when using this medium. Web browser access should be limited to those areas relevant to your job functions. Web access to non job related sites represents an unauthorized use of government time, property and facilities. Employees violating this policy are subject to disciplinary action, up to and including dismissal from the Agency. June, 1999 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 infornation will not be transferred using this medium. 1.3.19 Passwords: Systems which use passwords, shall follow the OAG guidelines based upon the federal standard on password usage contained in the Federal Information Processing Standard Publications 112 (FIPS PUB 112), which specifies minimum criteria and provides guidance for selecting additional password security criteria, when appropriate. Copies of FIPS PUB 112 are available from the Information Security Officer. Disclosure of an individual's password or use of an unauthorized password or access device may be punishable under both State and Federal law. 1.3.20 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. 1.3.21 Data Communications Systems: Network resources (LAN-WAN-Mainframe) that access confidential or sensitive information will assume the security level of that information for the duration of the session. All network components under State control must be identified and restricted to their intended use. 1.3.22 Dial-up Access: For services other than those authorized for the public, authorized users of dial-up access shall be positively and uniquely identifiable and their identity authenticated to the systems being accessed. 1.3.23 User Identification: Except for public users of systems where such access is authorized, or for situations where risk analysis demonstrates no need for individual accountability of users, each user of a multiple-user automated system shall be assigned a unique personal identifier or user identification. June, 1999 9 l8a a~~ 1.3.24 Warning Statements: System identification screens will be provided at the time of initial logos to the mainframe or LANIWAN. 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. 1.3.25 System Development and Testing: Security needs must be considered and addressed in all phases of development or acquisition of new information processing systems. Test functions shall be kept either physically or logically separate from production functions. 1.3.26 Statement of Responsibility: All OAG personnel shall be required to provide written acknowledgment that they have received, read and understand the Information Security Policy Manual. 1.3.27 Automatic Suspension / Deletion of User ID's: Mainframe, LAN and Remote Access ID's will be monitored for usage. Unused ID's pose a security threat and will be subject to suspension after 30 days and deletion after 60 days, without notice to the user. 1.3.28 Physical Security: Management reviews of physical security measures will be conducted annually, and when significant modifications are made to the facilities or security procedures. Physical access to mainframe computer and file server rooms will be restricted to authorized personnel. Authorized visitors will be required to record their visits via a sign-in / sign-out log. June, 1999 10 1.3.29 Positions of Special Trust: The OAG will establish procedures for reviewing information resource functions to determine which positions require special trust or responsibilities. June, 1999 - 11 - ~ Ruacnmem rs Home I Child Support Child Support Online Account Services Employer Home Login Request Password Account Request Request User ID Login Statement OFFICE OF THE ATTORNEY GENERAL: AUTOMATED COMPUTER SYSTEM ACCESS STATEMENT OF RESPONSIBILITY General Information: All information maintained in the files and records of the Child Support Division are privileged and confidential. The unauthorized use or release of the information can result in criminal prosecution and civil liability. Only authorized personnel may add, modify and/or delete information. Statements: I understand that the information concerning any person, customer or client that may come to my knowledge while using the computer system of the TxCSDU or TXCSES or any other OAG computer shall be held in strictest confidence and may not be disclosed except as used exclusively for purposes directly connected with the administration of programs under Title IV-A, IV-13 and XIX of the federal Social Security Act and the OAG Confidentiality Policy and Procedures. Notwithstanding the above, I understand that I may not disclose to any individual or agency any federal tax return or return information. I further understand that it is unlawful to offer or receive anything of value in exchange for federal tax return or return information. Such unauthorized disclosure or exchange is punishable by fine up to $5,000, or imprisonment up to 5 years, or both, under Internal Revenue Code 7213 and 7213 A. Accessing federal tax information without a "need to know' is a federal misdemeanor punishable by not more than one year imprisonment, or a $1000 fine or both, plus costs of prosecution. under 7213 A, Internal Revenue Code. I also understand that I may be civilly liable for damages of not less than $1000 per violation, together with costs of prosecution under Section 7431 of the Internal Revenue Code. I also understand that I may not release information to any committee or legislative body (federal, state, or local) that identifies by name or address any such applicant or recipient of services. Use of such information by a local government or component thereof for any other purpose, including but not limited to, collecting a fee is prohibited. I understand that I may not perform any work, review, update or otherwise act to obtain information upon my own, or any relative's, friend's, or business associate's child support case, regardless if the case is open or closed. My failure to comply with the OAG Confidentiality Policy will result In immediate termination of my computer access. 1 also understand that a violation will be reported to my supervisor or other appropriate personnel in my agency for disciplinary action, which may include termination and/or referral for prosecution. 22 ~ 9 In addition, if applicable, I understand that the computer password(s) I receive or devise is confidential, and must not be disclosed to anyone. I understand that it is my responsibility to safeguard such password(s) by not allowing it to be viewed by anyone. I understand that I am responsible for computer transactions performed through misuse of my password(s). I agree I will not load unauthorized software, personal computer programs, shareware or freeware of any kind onto the OAG computer equipment without the express written approval of the Office of the Attorney General, Information Resource Manager or designee, or the contract manager or designee. I understand that use of a password not issued or devised specifically for me is expressly prohibited and is a violation of state and federal law. _ I also understand that failure to observe the above conditions may constitute a "breach of computer security" as defined in the TEXAS PENAL CODE, CHAPTER 33, Section 33.02 (b), and that such an offense may be classed as a felony. Similar federal statutes may also be applicable. I certify that I understand that any copyrighted material, including but not limited to commercial computer software, which may be made available to me for use by the DAG is protected by copyright laws and is not to be copied for any reason without written permission from the owner of the copyright and the OAG. By agreeing to this statement 1 certify that I: • agree to abide by all written conditions imposed by the DAG regarding information security; • understand my responsibilities as described above; • have received, read and understand the OAG security information policy manual; and • if applicable, I have read all applicable software licenses and agree to abide by all restrictions. Portal Attachment C Home I Child Suppor Child Support Online Account Services Employer Home Login Request Password Account Request Request User ID Login Policy When you register for the OAG Portal Service, we may ask you to give us certain identifying information ('Registration"). You agree to provide true, accurate, current and complete information about yourself. You also agree not to impersonate any person or entity, misrepresent any affiliation with another person, entity or association, use false headers or otherwise conceal your identity from the OAG for any purpose. For your protection and the protection of our other members and Web site users, you agree that you will not share your Registration information (including passwords, User Names, and screen names) with any other person for the purpose of facilitating their access and unauthorized use of OAG Portal Services. You alone are responsible for all transactions initiated, messages posted, statements made, or acts or omissions that occur within any OAG Portal Service through the use of Registration information. Your failure to honor any portion of this agreement can result in termination of access to Portal Services. Attachment D Data Integrity Procedures Changes to Case Information Before updating member/ case information, such as home address, phone number, etc., verify the caller's identity. Ask the caller for the following identifiers: • Name • Date of Birth • Home address If there is any doubt about the caller's identity after these identifier's have been obtained, ask for the children names and date of birth. When pertinent information is unavailable on registry-only (RO) cases, county staff are prevented from verifying a caller's identity. Once all attempts to verify the caller's identity have been exhausted, instruct the caller to take one of the following actions in order to have the member/case information updated on TXCSESWeb: • Mail: • a copy of a photo ID • information to be updated • proof/verification of the information to be updated (ie., home address, SSN card, drivers license, etc.) to the county address • FAX: • a photo ID • information to be updated • proof/verification of the information to be updated (ie., home address, SSN card, drivers license, etc.) to the county FAX number • E-mail the information to be updated with a scanned copy of the proof/verification information to be updated (ie., home address, SSN card, drivers license, etc.) to the county email address • In Person (District Clerk Office or Domestic Relations Office): • a photo ID • information to be updated • proof/verification of the information to be updated (ie., home address, SSN card, drivers license, etc.) • Visit the local child support office that is assigned to work the RO case and provide: • a photo ID • information to be updated • proof/verification of the information to be updated (ie., home address, SSN card, drivers license, etc.) Attachment E CERTIFICATION REGARDING LOBBYING DEPARTMENT OF HEALTH AND HUMAN SERVICES ADMINISTRATION FOR CHILDREN AND FAMILIES PROGRAM: CHILD SUPPORT ENFORCEMENT PROGRAM PURSUANT TO TITLE IV-D OF THE SOCIAL SECURITY ACT OF 1935 AS ADMINISTERED BY THE OFFICE OF THE ATTORNEY GENERAL OF TEXAS PERIOD: September 1, 2006 - August 31, 2008 Certification for Contracts Grants Loans and Cooperative Agreements The undersigned certifies, to the best of his or her knowledge and belief, that: (1) No Federal appropriated funds have been paid or will be paid by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an office or employee of Congress, or an employee of a Member of congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. (2) If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an office or employee of any agency, a Member of congress, an officer or employee of Congress, or an employee of Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit standard Form LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. (3) The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section 1352, Title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more 7/40-5h(e Date ~a So3 Attachment E CERTIFICATION REGARDING LOBBYING DEPARTMENT OF ITEALTH AND HUMAN SERVICES ADMINISTRATION FOR CTITLDREN AND FAMILIES PROGRAM: CHILD SUPPORT ENFORCEMENT PROGRAM PURSUANT TO TITLE IV-D OF THE SOCIAL SECURITY ACT OF 1935 AS ADMINISTERED BY THE OFFICE OF THE ATTORNEY GENERAL OF TEXAS PERIOD: September 1, 2006 - August 31, 2008 Certification for Contracts, Grants, Loans and Cooperative Agreements The undersigned certifies, to the best of his or her knowledge and belief, that: (1) No Federal appropriated funds have been paid or will be paid by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an office or employee of Congress, or an employee of a Member of congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. (2) If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an office or employee of any agency, a Member of congress, an officer or employee of Congress, or an employee of Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit standard Form LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. (3) The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section 1352, Title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. Signature I Agency/Organizat n Date RENEWAL ACCEPTANCE By signing herewith, I acknowledge and agree to renew the current Bid for Pharmaceuticals, Bid 2005-039R, at the current prices and in accordance with all terms and conditions agreed to and accepted as part of Bid 2005-0398. The new Bid Number is 2006-037R. I understand that Bid 2006-037R will be in effect from August 1, 2006 through July 31, 2007. CONTRACT PHARMACY SERVICE, INC. Xmfho;iz;d- ature 7-1 4- g-k'p_ Date Date ~a 31S BRAZOSCOUNTY 0 e w a q £ ~ A V C4 O F \ 0 ° o A O0 e a ao h M ~ ~ a a m ~ ~ e 0 N e e e o e a N e z . e m a CI hI til DI e l h r ' G7 V V ~ V ~ m v; C a a " ~ a 3 c w w a Y V ~ z W ~ e a °o 3 O V C7 0 3 a o a d ~ a ~ ~ a O a U Q ~a 3~~ 7/2 BRAZOS COUNTY COMMISSIONERS' COURT ACTION FORM DEPARTMENT: Road and Bridge NUMBER: 56001000 DATE OF COURT MEETING: July 25, 2006 ITEM: Consider and take action on execution of, and payment for, the Annual Maintenance Agreement for Environmental Systems Research Institute, Inc. (ESRI) for GIS software and purchase of ArcGIS Network Analyst Concurrent Use License. SOURCE OF FUNDS: N/A PRESENTATION: Budgeted costs: Maintenance Agreement $10,200.00 and ArcGIS Use License $2,040.00 SU M TT D BY: Richard F. Vance, P.E. County Engineer 0006-052 This Request is Approv d by Commissioners' Court Date: Randy Sir} , County Judge ~ ~tl 30~ (or) Denied BILL TO: BRAZOS COUNTY Auditor's Office 300 E. 26th St., Suite 314 Bryan, TX 77803 V 15985 E ESRI D OI 380 NEW YORK ST R L~ REDLANDS CA 92373 PURCHASE ORDER NO. 00011840' PAGE NO. 1 H BRAZOS COUNTY ROAD AND BRIDGE 1 2617 WEST HIGHWAY 21 P BRYAN, TEXAS 77802 T J O TTN: KAY TRACY J ORDER DATE: 06 / 07~06 BUYER: DOUG O'BRIAN REQ. NO.: 00009392 REQ. DATE: 06/07/06 TERMS: NET 30 DAYS F.O.B.: DESC.: MAINTENACE CONTRACT ITEM# QUANTITY UOM DESCRIPTION UNIT PRICE EXTENSION 01 1.00 EA GIS MAINTENANCE CONTRACT 10200.0000 10,200.00 ITEM# DIVISION/ACCOUNT AMOUNT PROJECT CODE PAGE TOTAL $ 10,200.00 TOTAL $ 10 200.00 , 01 56001000 71070000 10,200.00 F77, T" ~M~ Brazos Uounty I Auditors Office APPROVED BY PAT RR RECEIVING/ACCOUNTS PAYABLE COP C ~d OEM ESRI Inc . 380 New York Street REDLANDS CA 92373 RECEIVED JUL 1 1 2006 y'; °l l~'sy ° r `U GG D p0 SUBJECT: MAINTENANCE QUOTE DATE: 05/26/2006 TO: Gary Arnold ORGANIZATION: COUNTY OF BRAZOS ROAD & BRIDGE DEPT FAX 979-775-0453 PHONE 979-822-2127 FROM: Erick Arial FAX ARIALE PHONE 909-793-2853 Ext. 3341 EMAIL: eadal@esd.com Number of pages transmitted (including this cover sheet): 5 QUOTATION u Brazos C This quote has been prepared using new ArcGIS 9.1 licensing guidelines. At 9.1, Arclnfo will include the functionality and data from ArcScan, ArcPress, Maplex, and StreetMap; ArcEditor will include the functionality and data from ArcScan, ArcPress, and Streetmap; ArcView will include the functionality and data from ArcPress and Streetmap; ArcGIS Engine will include the functionality and data from StreetMap; and ArcGIS Server will include the functionality and data from StreetMap. Due to these changes, these extensions are no longer itemized in maintenance quotes because coverage will be included with the maintenance fee for the core product. Please find the attached quotation for your forthoomib-q a t'd maintenance term. As you know, keeping your maintenance Currenenties you to exclusive benefits that may include technical support, software upgrades, and User Conference registrations. If you choose to discontinue your maintenance, you will become ineligible for maintenance benefits and services. All maintenance fees from the date of discontinuation will be due and payable if you decide to reactivate your coverage at a later date. Customers who have multiple copies of some ESRI products may have the option of supporting some of their licenses with secondary maintenance. Secondary maintenance entitles users to software upgrades and technical support through a primary license. Users must support at least one primary license for every ten copies of each version of a product (e.g., ArcView 3.x licensing is regarded as separate from ArcView 9.x). Please contact Customer Service to find out more about the availability of secondary maintenance. If you are using ESRI products that are at previous versions, or if you have software that is not currently covered by one of our programs, please contact us for information about the different options that are available to you. 8a 30 ~ 380 New York Street REDLANDS, CA 92373 Quotation Phone: 909-793.28533341 Fax ARIALE3341 )ate: 09/2212005 Quotation Number. 25173135 Send Purchase Orders To: ESRI, Inc. 380 New York Street Redlands, CA 92373-8100 Attn: Erick Arial :OUNTY OF BRAZOS Please Include the following ROAD & BRIDGE DEPT remittance address on your ?617 HWY 21 W Purchase Order: 3RYAN TX 77803 ESRI Inc. 4ftn: Gary Arnold File #54630 Los Angeles, CA 90074-4630 .ustomer Number. 233141 =or questions regarding this document, please contact Customer Service at 888.3774575. tam Qty Product# Unit Price Extended Price IV YOU HAVE ANY QUESTIUNS RFGAKDINU YOUR MAINTFENANUE QUOTATION, PLEASE CONTACT CUSTOMER SERVICE AT 888-377-4575 10 1 52384 3,000.00 3,000.00 Arclnfo Floating Primary Maintenance Start Date: 01/22/2006 End Date: 01/21/2007 ?0 1 52385 1,200.00 1,200.00 Arclnfo Floating Secondary Maintenance Start Date: 01/22/2006 End Date: 01/2112007 30 1 87213 3,000.00 3,000.00 ArcSDE Developer Support Group Maintenance for One Server Two CPUs and Five Read and Write Connections Start Date: 01/22/2006 End Date: 01/21/2007 t0 1 87232 501711 E ArcGIS Spatial Analyst Concurrent Use Primary Maintenance IIIUU((II Start Date: 01/22/2006 End Date: 01/21/2007 nl 50 1 87270 500.P0 AUdItorS ( This quotation is valid for 90 days and is subject to your ESRI License Agreement The quotation information is proprietary and may not be copied or released other than for the express purpose of system selection and purchaseAicense. This information may not be given to outside parties or used for any other purpose without consent from Environmental Systems Research Institute, Inc. (ESRI). Any estimated sales and/or use tax has been calculated as of the date of this quotation and is merely provided as a convenience for your organization's budgetary purposes. ESRI reserves the right to adjust and collect sales and/or use tax at the actual date of invoicing. If your organization is tax exempt or pays state taxes directly, then prior to invoicing, your organization must provide ESRI with a copy of a current tax exemption certificate issued by your state's taxing authority for the given jurisdiction. Issued By: Erick Arial Ext: 3341 ISCLAFANIKI To expedite your order, please reference your customer number and this quotation number on your purchase order. ,r„ t ~S~a,~ 30 380 New York Street REDLANDS. CA 92373 Phone: 909-793-28583341. Fax It. ARIALE3341 Quotation Page 2 late: 09/22/2005 Quotation Number. 25173135 tern Qty Product# Unit Price Extended Price ArcPad Application Builder Primary Maintenance Start Date: 01/22/2006 End Date: 01/21/2007 30 1 97534 2,000.00 ArcIMS One Server Two CPUs Maintenance Start Date: 01/22/2006 End Date: 01/21/2007 Subtotal Shipping & Handling Estimated Tax Total 2,000.00 10,200.00 0.00 0.00 $ 10,200.00 Brazos county Auditors Office This quotation is valid for 90 days and is subject to your ESRI License Agreement The quotation Information is proprietary and may not be copied or released other than for the express purpose of system selection and purchaseAicense. This Information may not be given to outside parties or used for any other purpose without consent from Environmental Systems Research Institute. Inc. (ESRI). Any estimated sales and/or use tax has been calculated as of the date of this quotation and is merely provided as a convenience for your organization's budgetary purposes. ESRI reserves the right to adjust and collect sales and/or use tax at the actual date of invoicing. If your organization Is tax exempt or pays state taxes directly, then prior to invoicing, your organization must provide ESRI with a copy of a current tax exemption certificate issued by your state's taxing authority for the given jurisdiction. Issued By: Erick Aria[ Ext: 3341 ISCL*ANxq To expedite your order, please reference your customer number and this quotation number on your purchase order. - 8~ - 311 i[ 380 New York Street REDLANDS, CA 92373 Phone: 909-793-28533341 Fax M ARIALE3341 Quotation Page 3 )ate: 09/22/2005 _ Quotation Number: 25173135 tem Qty Product# Unit Price Extended Price 3Y SIGNING BELOW, YOU ARE INDICATING THAT YOU ARE AUTHORIZED TO OBLIGATE FONDS FOR YOUR ORGANIZATION. DO i0T USE THIS FORK FOR ORDER ACTIVATION IF YOUR ORGANIZATION WILL NOT HONOR AND PAY AN INVOICE THAT HAS SEEN ISSUED AT YOUR DIRECTION WITHOUT ADDITIONAL AUTHORIZING PAPERWORK. ro expedite your order, either attach a copy of this quotation to your purchase order when it is remitted :o ESRI, or sign below and return this quotation to indicate your acceptance. ESRI's address and fax lumber are provided on the first page of this quotation. If you have made ANY alterations to the line items included in this quote and have chosen to sign the luote to indicate your acceptance, you must fax ESRI the signed quote in its entirety in order for the luote to be accepted. You will be contacted by your Customer Service Representative if additional Information is required to complete your request. If your organization is a US Federal, state, or local government agency; an educational facility; or a :ompany that will not pay an invoice without having issued a formal purchase order, a signed quotation will not be accepted unless it is accompanied by your purchase order. If you choose to discontinue your support, you will become ineligible for support benefits and services. 111 maintenance fees from the date of discontinuation will be due and payable if you decide to reactivate four support coverage at a later date. 3y signing below, you are authorizing ESRI to issue a software maintenance invoice in the amount of: ' TXY N - , plus sales taxes if applicable. ?lease check one of the following: I agree to pay any applicable sales tax. I an ta"empt,Xl~ co ac a if exempt information is not currently on file with ESRI. ~ J ?(2s/moo Signature of Author ed Representative Date lame (Pleas Print) Title This quotation is valid for 90 days and is subject to your ESRI License Agreement The quotation information is proprietary and may not be copied or released other than for the express purpose of system selection and purchasellioense. This Information may not be given to outside parties or used for any other purpose without consent from Environmental Systems Research Institute, Inc. (ESRI). [~ri Any estimated sales and/or use tax has been calculated as of the date of this quotation and is merely provided as a ur organization's budgetary purposes. ESRI reserves the right to adjust and collect sales and/or use tax at the actual d In EI r.; organization is tax exempt or pays state taxes directly, then prior to invoicing, your organization must provide ESRI hihhSerjI tax exemption certificate issued by your state's taxing authority for the given jurisdiction. BraZ05 (lounry Issued By: Erick Anal Ext:3341 Audi ice To expedite your order, please reference your customer number and this quotation number on your purchase order. ~ °31 ~ AM Z ENVIRONMENTAL SYSTEMS RESEARCH INSTITUTE,.INC. ESRI, Inc. 380 New York Street Redlands, CA 92373-8100 Phone: 909-793-2853 Fax: 9093073049 To expedite your order, please attach a copy of this quotation to your purchase order. Quote is valid from: 06114/2006 To: 0911212006 Quotation # 20230117 Date: June 14, 2006 Customer # 233141 Contract # 2002MPA4409 COUNTY OF BRAZOS ROAD & BRIDGE DEPT 2617 HWY 21 W BRYAN, TX 77803 ATTENTION: Doug O'Brien PHONE: 979.822-2127 FAX: 979-775-0453 Material Qty Description Unit Price Total 99736 1 ArcGIS Network Analyst Concurrent Use License 2,000.00 2,000.00 Item Total: 2,000.00 Subtotal: Estimated Shipping & Handling (2 Day Delivery) : Contract Pricing Adjust: Total (excludes applicable sales tax): Pricing and terms per State of Texas DIR Go-Direct Contract # DIR-VPC-03-004 (http,/A ww.esd.conVspecialftexasdir/) 0si RECEIVED JUL 1 1 2006 2,000.00 0.00 40.00 $2,040.00 Brazos county Auditors Office I Quoted By: Seth Spinks, 1 (800) 4478778 x1896 Account Manager: Cecil Lamb III I Email: sspinks@esri.com Email: clamb@esd.com Acceptance of this quotation is limited to the ESRI License Agreement and the Quotation Terms and condiuais This Quotation is made in confidence for your review. It may rat be disclosed to third parties, except as required by law. ff sending remittance, please address to: ESRI, File No. 54630, Los Angeles, Ca 90074-4630 ~a 313 Emu= ENVIRONMENTAL SYSTEMS RESEARCH INSTITUTE, INC. ESRI, Inc. 380 New York Street Redlands, CA 92373-8100 Phone: 909-793-2853 Fax: 909-307-3049 To expedite your order, please attach a copy of this quotation to your purchase order. Quote is valid from: 0611412006 To: 091122006 Quotation 20230117 Date: June 14, 2006 Customer 111233141 Contract # 2002MPA4409 COUNTY OF BRAZOS ROAD & BRIDGE DEPT 2617 HWY 21 W BRYAN, TX 77803 ATTENTION: Doug O'Brien PHONE: 979-822-2127 FAX: 979-775-0453 BY SIGNING BELOW YOU ARE INDICATING THAT YOU ARE AUTHORIZED TO OBLIGATE FUNDS FOR YOUR ORGANIZATION. DO NOT USE THIS FORM FOR ORDER ACTIVATION IF YOUR ORGANIZATION WILL NOT HONOR AND PAY AN INVOICE THAT HAS BEEN ISSUED AT YOUR DIRECTION WITHOUT ADDITIONAL AUTHORIZING PAPERWORK To expedite your order, either al tech a copy of this quotation to your purchase order when it Is remitted to ESRI, or sign below and return this quotation to Indicate your acceptance. ESRrs address and fax number are provided on the first page of this quotation. N you have made ANY alterations to the line items Included In this quote and have chosen to sign the quote to Indicate your aewptanca, you must fax ESRI the signed quote In its erdirdy In order for the quote to be accepted. You will be contacted by your Customer Service Representative N additional Information Is required to complete your request N your organization is a US Federal, state, or local government agency; an educational facility; or a company that will not pay an Involce without having Issued a formal purchase order, a signed quotation will not be accepted unless R Is accompanied by your purchase order. 9 you choose to discontinue your maintenance, you will become Ineligible for maintenance benefits and services. All maintenance fees from the date of discontinuation will be due and payable H you decide to reactivate your maintenance coverage at a later date. Acceptance of this quotation Is limited to the ESRI license agreement, quotation terms and conditions, and any other ESRI terms and conditions included with this quotation. Any additional or different temp: In any purchase order are deemed rejected unless expressly accepted In writing and signed by FSRL Notwithstanding, If the purchase order Is placed under an existing signed agreement (mg., Master Purchase Agreement), or under the GSA Federal Supply Schedule, then the purchase order shag Identify such agreement on the face of the order and the terms and conditions of such agreement shag govern the subject matter of the purchase order. By signing below, you are authodxIng ESRI to Issue an invoice for the Items Included In the above quote In the amount of: plus sales taxes If applicable. (Note: Shipping costs are subject to change.) Please check one of the following: I agree to pay any applicable lm JL r am tax gin- pr. pleas me of Authorize"spresert38ve Date Name Title is not currently on file with ESRL The quotation information b proprietary and may rot be copied or released oenu than for the express purpose of system selection and purchase?imnae. Thb hiorm rtion may not be given to cutsbe parties or used for any other purpose without conserd from Environmental Systems Reaeerdr Institute, Inc. (EMI). Ary estimated sales and/or use tax reflected on this quote has been mkubted w of the data dads quotation and Is mercy prodded as a mnventence for reserves the right to ad and and coiled sales and/or use tax at the acbal date of Invoking. If your organization b tax exempt Or Para slab tax dBecey, then provide ESRI with a copy of a current tax exemption cednmb Issued by your stab's boding authority for the given Jurisdiction. Brazos uaunty Quoted By: Seth Spinks, 1 (800) 447-9778 x1896 Account Manager: Cecil Lamb III Email: sspinks@esri.com Email: clamb@esri.com Acceptance of this quotation is limited to the ESRI License Agreement and the Quotation Terms and Conditions This Quotation is made in confidence fox your review. It may not be disclosed to third parties, except as required by law. if sending remittance, please address to: ESRI, File No. 54630, Los Angeles, Ca 90074-4630 ESRI QUOTATION TERMS AND CONDITIONS ESRI, 380 New York S4, Redlands., CA 92373.8100 USA • TEL 908-7932853 • FAX 909793-5953 All quotations are valid for ninety (90) days unless otherwise stated on the quotation form. These prices and terms are valid only for items purchased for use and delivery within the United States. This quotation information is proprietary and may not be copied or released other than for the express purpose of the current system selection and purchase. This information may not be given to outside parties or used for any other purpose without written consent from Environmental Systems Research Institute, Inc. (ESRI). To expedite your order, please reference the quotation number on your purchase order. The order process fs initiated when ESRI receives an original purchase order or some form of advance payment. Several additional documents (e.g, Master License Agreement, credit application, Tax Exemption Certificate, etc.) may be required to complete the order process. Generally, the need for these documents varies by the type of software, data, Web-enabled services, subscriptions, professional services or other products ordered, which is determined upon receipt of the purchase order (or advance payment). If delivery must be expedited please contact your marketing representative for assistance. IMPORTANT! Collectively, these documents contain the authorizations and information necessary to ship proper versions of the software or data on the correct media, or to initiate Web-enabled services, subscriptions, or professional services. Please return them promptly to avoid unnecessary delays in shipping or delivery. Please return all documents to ESRI Customer Service, or as otherwise directed. Please show the following remittance address on your purchase order: ESRI, File No. 54630, Los Angeles, CA 90074-4630 ESRI LICENSE AGREEMENTS All ESRI software, data, Web-enabled services, and subscriptions offered in this quotation are commercial off-the-shelf items developed at private expense and subject to ESRI commercial license tams, unless specifically identified by ESRI as a non- commercial item. Professional services agreements may also include license terms. Most ESRI software, data, Web-enabled services and subscriptions are subject to the ESRI License Agreement included with the deliverable item as an on-line agreement or in the packaging as a shrink-wrap agreement. A copy is enclosed If you license certain software or data, a Master License Agreement signal by both parties may be required. Some ESRI software is copy protected with a software keycode or hardware key, and some software, data, Web-enabled services or subscriptions require registration or a password You will be given instructions to access the keycode, register, or obtain a password through the ESRI Web site or by other means. MAINTENANCE After expiration of any complimentary period of maintenance that may apply to the licensed software, ESRI will quote maintenance payable annually in advance. A reinstatement fee applies when maintenance has lapsed. For software and data with optional multiyear maintenance for a discounted fee, the discounted maintenance fees are in consideration of, and contingent upon, your commitment to the maintenance tam you elect in your order. For such multiyear maintenance, you may cancel the maintenance upon ninety (90) days advanced written notice to ESRI Customer Service, subject to payment of fifty percent (50%) of the outstanding maintenance fees for the maintenance term initially ordered. No other refund or reduction for cancellation is available. If you are ordering multi-year maintenance, please indicate a billing option on your purchase order by selecting a statement as indicated below. Option 1. If you are purchasing a product with multi-year maintenance terms and are issuing the purchase order for all years upliont please include the following information on your purchase order: "This PO is in acceptance of quote 000MM and covers the total amount for all years included in the multi-year maintenance term. ESRI may Invoice the entire amount upon shipment." Option 2. If you are purchasing a product with multi-year maintenance terms and are issuin the "tlffitl= the year only, please include the following information on your purchase order (PO): "This PO is in tance of quote G-272AKMM Page 1 Brazos Got.lY" 3 Is Auditors Office- #XMCKX IX. This order is for the initial year of the multi-year maintenance term. We agree to issue a PO for each subsequent year in a pro rata amount per year to be invoiced annually in advance." Option 3: If you are purchasing a product with multi-year maintenance terms and are issuing the purchase order for all vears upfront but want to be invoiced annually, please include the following information on your purchase order: "This PO is in acceptance of quote #XIIXXXXX and covers the total amount for all years included in the multi-year maintenance term. However, ESRI shall invoice annually in advance a pro rata amount for each year of the term." DATA DISCLAIMER Data is provided "AS IS" without warranty of any kind. The data has been obtained from sources believed to be reliable, but its accuracy and completeness are not guaranteed. The data may contain some nonconformities, defects, errors, or omissions. ESRI AND ITS LICENSOR(S) MAKE NO WARRANTY WITH RESPECT TO THE DATA. Without limiting the generality of the preceding sentence, ESRI and its licensor(s) do not warrant that the data will meet Licensee's needs or expectations, that the use of the data will be uninterrupted, or that all nonconformities can or will be corrected. ESRI and its licensor(s) are not inviting reliance on this data, and Licensee should always verify actual data including, but not limited to, map, spatial, raster, and tabular information. DELIVERY FOB Redlands, CA, USA Software. Allow thirty (30) days from ESRPs receipt of purchase order, signed Software License Agreement(s), and other documents, as required. Hardware. Manufacturer's terms apply. Lead times depend on make/models purchased. Note: Standard delivery method is ground or two-day air for software and surface carrier for hardware. Actual delivery method may vary depending on weight. Other service is available for an additional fee (e.g., overnight delivery). PAYMENT TERMS Net thirty (30) days, on approved credit. Orders less than $800 require prepayment by check or credit card unless your organization is a government agency, university, college, or Fortune 500 company. TAXES Prices quoted do not include applicable sales or use taxes unless so stated in preparing your budget, please allow for applicable sales tax ESRI reserves the right to collect sales tax assessed by states as required by law. ESRI will add state sales tax to the invoice unless proof with the order is shown to ESRI that your organization is tax exempt or pays state tax directly. Brazos County G-272/KMM Page 2