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DALLAS COUNTY COMMISSIONERS COURT BRIEFING AGENDA
September 18, 2012
REPORTS/RECOMMENDATIONS/REQUESTS PAGE NOS.
1) ROAD & BRIDGE DISTRICT 3
Request to Name Wilmer Residential Treatment Facility ....................................... 4-6
2) COUNTY fUDGE
Employee of the Month Award Winners ................................................................... 7-8
3) HEALTH & HUMAN SERVICES
a) DOE American Recovery and Reinvestment Act (ARRA) Weatherization Assistance Program Contract Amendment ....................... 9-13
b) 2012 Comprehensive Energy Assistance Program (CEAP) Contract Amendment ..................................................................................... 14-18
c) Department of Homeland Security Biowatch Laboratory Technical and Management Support Funding ............................................ 19_36
4) INSTITUTE OF FORENSIC SCIENCES
a) Interlocal Agreement with University of Texas Southwestern Medical Center for Transport of Decedents ................................................ 37-45
b) City of Austin Amendment No.5 to Interlocal Agreement for FY-2013 Forensic Laboratory Services ........................................................ .46-53
c) Interlocal Agreement with the University of Texas Southwestern Medical Center for Indigent Dispositions .................................................. 54-60
09118/2012
L
5) TAX ASSESSORICOLLECTOR
Autoagent Software Contract ....................................................................................... 61
6) INFORMATION TECHNOLOGY
a) Personal Services Contract Extension for John Desanges ......................... 62-63
b) Contract for IBM Hardware and Software Maintenance ......................... 64-70
7) COUNTY AUDITOR
Sheriff and Constable Fees ....................................................................................... 71-73
8) PLANNING & DEVELOPMENT
Tax Abatement Request for Patriot Tower Office Building ................................ 74-76
9) PUBLIC WORKS
Request from City of Dallas to Consent to Sale of Tax Foreclosure Property at 1502 Pennsylvania, Dallas, TX to In the City for Good, Inc., a Texas non-profit corporation ................................................................................... 77-84
(COURT ORDER ON FORMAL AGENDA)
10) BUDGET
a) Conference/Travel/Training Requests ...................................................... 85-88
b) Sheriff - Incident Command Vehicle Grant Purchase .................................. 89
c) Child Support Local Rule Program Contract Extension ........................ 90-175
09118/2012
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11) INFORMATION ................................................................................................. ...... Nj A
• Jail Population Report • Office of Budget & Evaluation
Reserve Balance Report - September 12, 2012 District Attorney - FY2013 State Forfeiture Fund
• Health & Human Services - Updates
12) Miscellaneous, Miscellaneous Equipment, and Telecommunications Requests ......................................................................... 176-179
13) PUBLIC COMMENTS
Speakers ...................................................................................................................... N j A
FIVE SIGNATURE DOCUMENT(s) FOR CONSIDERATION
Minister's Letter of Appreciation
DATES TO REMEMBER
09118/2012
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September 12,2012
TO: Commissioners Court
FROM: Commissioner John Wiley Price, District 3
SUBJECT: Request to Name Wilmer Residential Treatment Facility
BACKGROUND
Criminal District Judge John C. Creuzot will be retiring from the bench at the end of this year after over twenty-one years of service. During this time, he has been instrumental in recognizing the role that substance abuse plays in the instigation of crime and in developing diversionary programs to deal with this situation. He is, for all practical purposes, the "Father of Diversion" in Dallas County.
To acknowledge this critical contribution, I propose that the County's residential treatment facility in Wilmer be renamed the John C. Creuzot Residential Tremment Center.
IMPACT ON OPERATIONSIFINANCE
Such a request is consistent with County policy which states that County buildings and property may be named for an elected official when that official's service has been "clearly outstanding" and his/her accomplishments have been "distinctive" and when the naming request is initiated by a member of the Commissioners Court, a County board or committee, or the elected official or department head which is responsible for the property in question.
The cost of changing signage and printed material is minimal and can be covered from existing resources.
STRATEGIC PLAN COMPLIANCE
Renaming the facility to acknowledge Judge Creuzot's contributions and innovations is consistent with the County's strategic plan which recommends that the County serve as a model governmental entity.
5
RECOMMENDA nON
It is recommended that the County's Wilmer residential treatment facility be renamed the John C. Creuzot Residential Treatment Center.
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Tuesday, September 18, 2012, 9:AM. I will be present.
May I request that the facility be named the Judge John C Creuzot judicial Treatment Center.
I would like to include the title of "Judge" so that future generations are aware of his uncommon judicial activism to effect true change in human behavior through the use of evidence based practices for treatment and probation supervision.
I would like to include "Judicial Treatment Center" because it is the official name used by our courts, defendants and criminal justice practitioners for our residential treatment center in Wilmer, TX.
Thank-you in advance.
let me know if this Tuesday is good for you.
Dallas County Judge Clay Lewis Jenkins
Date: September 18, 2012 To: Commissioners Court From: Dallas County Judge Clay Lewis Jenkins Re: Employee of the Month Award Winners Background The Commissioners Court established the Dallas County Employee Recognition Program to formally recognize outstanding employees consistent with our approved Strategic Plan Vision 1: Dallas County is a model interagency partner, specifically, Strategy 1:1; Commissioners Court provides leadership and establishes a vision for Dallas County.
The following employees have been selected by their respective Department Head/Elected Official as Employees of the Month.
Congratulations to these hardworking, dedicated employees who help us achieve our goals and objectives for Dallas County.
Department Employee Month Job Title Auditor Vonda Owens August Internal Auditor Health & Human Services Aishah Reeves August Phlebotomist Homeland Security Rodrick Jones August EMO Operations Information Technology Keith Eatwell August Senior Server Administrator Medical Examiner Erin Duddlesten August Asst. Autopsy Room Supervisor Operations John Clark August Senior Project Manager
Road & Bridge 4 Preston Damron August Shop Assistant/Safety Coordinator
Sheriff Nathan Wilson August Sergeant Tax Office Lonnie Byers August Assistant Branch Manager Truancy Court Trina Crosby August Program Coordinator
Recommended by: _______________________________
Dallas County Judge Clay Lewis Jenkins
VONDA OWENS
Auditor
AISHAH REEVES
Health & Human Services
PRESTON DAMRON
Road & Bridge District 4
LYNNE DAVIS
Sheriff
JOHNNIE BYERS
Tax Office
RODRICK JONES
Homeland Security
KEITH EATWELL
Information Technology
TRINA CROSBY
Truancy Court
ERIN DUDDLESTEN
Medical Examiner
KEITH EATWELL
Operations
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DALLAS COUNTY DEPARTMENT OF HEALTH AND HUMAN SERVICES ADMINISTRATION
TO:
FROM:
DATE:
SUBJECT:
ZACHARY THOMPSON, M.A. DIRECTOR
COMMISSIONERS COURT
ZACHARY THOMPSON. DIRECTOR
SEPTEMBER 18. 2012
DOE AMERICAN RECOVERY AND REINVESTMENT ACT (ARRAj WEATHERIZATION ASSISTANCE PROGRAM CONTRACT AMENDMENT
BACKGROUND The Texas Department of Housing and Community Affairs (TDHCA) has notified the Dallas County Health and Human Services of Amendment Number 8 to the Weatherization Assistance Program Contract No. 16090000764, with Dallas County Health and Human Services, through the American Recovery and Reinvestment Act (ARRA), under which weatherization services are provided within the City of Richardson. The amendment reduces funding under this contract by $36.27, for a total revised contract amount of $361,353.97.
OPERATIONAL IMPACT There is no operational impact to Dallas County.
FINANCIAL IMPACT There is no financial impact to Dallas County.
LEGAL IMPACT The amended contract from TDHCA requires the approval of the Commissioners Court and the electronic signature of the County Judge.
STRATEGIC PLAN COMPLIANCE Recommendations included in this briefing are consistent with the Dallas County Strategic Plan, Vision 2; Dallas County is a health community. Weatherization services are prOVided to low-income homes in Dallas County and referenced said cities, and include caulking, weather stripping, insulation, replacing & repairing doors and Windows, patching holes in building envelopes, roof repair, duct work, and insulating effective water heaters. The program also funds tune-ups or replacement of unhealthy heating and inefficient heating and cooling appliances.
2377 N Stemmons Freeway, Suite 600, Dallas Texas 75207-2710 (214) 819-2100· Fax (214) 819-6022. dallascounty.org
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September 18, 2012 Commissioners Court Page 2
RECOMMENDATION
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It is recommended thatthe Dallas County Commissioners Court approve Amendment Number 8 to the DOE TDHCAARRA Weatherization Assistance Program contract with Dallas County for the City of Richardson (Contract No. 16090000764), revising the total contract amount to $361,353.73, and authorize the County Judge to electronically sign all related documents on behalf of Dallas County.
RECOMMENDED BY: __ #~
Attachments C: Darryl Martin, Court Administrator
Virginia Porter, County Auditor
2377 N Stemmons Freeway, Suite 600, Dallas Texas 75207-2710 (214) 819-2100· Fax (214) 819-6022. dallascounty.org
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TEXAS DEPARTMENT OF HOUSJNG AND COMMUNITY AFFAIRS
CONTRACT NUMBER 16090000764 FOR THE THE AMERICAN RECOVERY AND REINVESTMENT ACT (ARRA) (CFDA# 81.042)
AMENDMENT NUMBER: g
SECTION 1. PARTIES TO CONTRACT
The Texas Department of Housing and Community Affairs, a public and official agency of the State of Texas (hereinafter the "Department") and Dalias County - DCl-IHS for City or Richardson (hereinafter the "Subrecipient") do hereby contract and agree to amend the contract by and between the parties identified on Department records as Contract Number
) 6090000764 ("Contract")
SECTION 2. CONTRACT TERM
The period for perfonnance of this contract, unless earlier terminated, is September OL 2009 through March 31, 2012 (hereinafter the "Contract Term").
SECTION 3.
The Contract is amended to revise the contract end date in SECTION 2. CONTRACT TERM as identified in its
entitrety replacing with the following'
"SECTION 2. CONTRACT TERM The period for performance of this contract, unless earlier terminated, is September 01,2009 through March 31,
2012 (hereinafter the "Contract Term"),"
The Contract is amended by deleting the current Attachment A - Budget and Performance Document in it' 5 entirety and substituting in heu thereof the amended Attachment A - Budget and Performance Docume.t as attached to this
Amendment.
SECTION 4. AGREEMENT
The parties hereto agree that all other terms of the Contract shall remain in effect as therein set forth and shall continue to govern except to the extent that said terms conflict with the terms of this amendment In the event any conflict in terms exists, tllis amendment shall control, unless it can not be read consistently with the entirety of the contract or is made void by operation of law. Each capitalized term not expressly defined herein shall have the meaning given to such term in the
Contract.
SECTION 5.
This amendment shall be effective on the date of execution of this amendment by the Executive Director of the Texas Department of Housing and Community Affairs.
SECTION 6.
By signing this amendment, the panies, expressly understand and agree that its terms shall become a part of the Contract as if it were set worth word for word therein. This amendment shall be binding upon the parties hereto and their respective successors and assigns
AGREED TO AND EXECUTED BY:
!)al!as COUnt)' - DCHHS - for City of Richardson
By
Date Signed'
TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS
By
Date Signed
Pagelof3
1 2
TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS CONTRACT NUMBER 16(90000764 FOR THE
THE AMERICAN RECOVERY AND REINVESTMENT ACT (ARRA) (CFDA# 81.042)
AMENDMENT NUMBER: 8
ATTACHMENT A ~ BUDGET AND PERFORMANCE DOCUMENT
SUB RECIPIENT NAME: Dallas County - DCHJ-!S - lor City of Richardson
DEPARTMENT FINANCIAL OBLIGATIONS
$ 36i,353.73 ARRA FUNDS CURRENTLY AVAILABLE
$0.00 TRAINING & TECHNICAL ASSISTANCE FUNDS CURRENTLY AVAILABLE
$361,353.73 TOTAL ANTICIPATED ARRA FUNDS
$ () 00 TOTAL ANTICIPATED TRAINING & TECHNICAL ASSISTANCE FUNDS
Additional funds may be obligated via Amendment(s). Funds may only be obligated and expended during the current contract term. Unexpended fund balances will be recaptured.
BUDGET FOR AYAfLABI E AI lOCATIONS
CATEGORIES DEPARTMENT SHARE
2 Administration $ 18,033,73
3 Liability! Pollution Occui'rence Insurance $ D,OO
Fiscal Audit $ 2,000 00
Materials I PI-ogram Support! Labor $ 30\528,)0
4 Health and Safety $ 39,792.00
SUB~TOTAL $ 361,353.73
5 Training and Technical Assistance $ 0,00
TOTAL $ 361 ,353.73
FOOTNOTES TO BUDGET FOR AVAIl Am E ALLOCATIONS·
Denotes that the subrecipient must request in writing any adjustment needed to a budget category before TDHCA will make any adjustments to the budget categories The only categories that can be reduced are the Administration, Insurance, Fiscal Audit and/or in the Hea!th and Safety categories. Subrecipients are limited to two (2) requested
budget revisions during the current contract term. Only those written request(s) from the subrecipients received at least 120 days prior to the end of the contract term will be reviewed. TDHCA may decline to review written requests received during the final 90 days oftbe contract term.
2 Denotes maximum for administration based on S,t)O% of the total allowable expenditures excluding travel for training
Denotes $4,000 for liability insurance and the remaining balance for pollution occurrence insurance
4 Denotes the maximum allowed for Health and Safety expenditures
.I Department approved training I travel only
Page 2 of3
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Subrecipient may incur costs associated with the closeout of the ARRA WAP contract. These activities include but are not limited to: payments of invoices, and quality assurance activities fOf a period not to exceed 60 days from the end of the contract term defined in Section 2 of this contract.
These costs shall be reported on the tlnal report described in Section 14 B of this contract.
P.ERFORMANCE
Subrecipient's service area consists of the following Texas counties:
DALLAS
Subrecipient's service area consists of the following Texas cities·
RICHARDSON
Subrecipient shall provide weatherization program services sufficient to expend the contract funds during the contract term ARRA costs per unit, exciuding health and safety expenses, sh.al.l-nm.... exceed $6,500.00 without prior written approval from the Department
By signing this Contract the parties expressly understand and agree to the terms set forth word for word therein, This Contract shall be binding upon the parties hereto and their respective successors and assigns,
Effective Date of Budget: 03/31/2012
Page 3 of3
TO:
FROM:
DATE:
1 4
DALLAS COUNTY DEPARTMENT OF HEALTH AND HUMAN SERVICES ADMINISTRATION
ZACHARY THOMPSON, M.A. DIRECTOR
COMMISSIONERS COURT
ZACHARY THOMPSON, DIRECTOR
SEPTEMBER 18, 2012
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""" SUBJECT: 2012 COMPREHENSIVE ENERGY ASSISTANCE PROGRAM (CEAP) CONTRACT
AMENDMENT
BACKGROUND The Texas Department of Housing and Community Affairs has notified the Dallas County Health and Human Services of Amendment Number 2 to the FY 2012 Comprehensive Energy Assistance Program (CEAP) Contract, No. 58120001335. Amendment Number 2 provides additional funds in the amount of $494,446. The Contract remains effective January 1, 2012 to December 31, 2012, and the amended total budget amount is $12,240,582.
FINANCIAL IMPACT Of the total funding, $764,961 is available for administration, $612,316 for Assurance 16 activities, and $10,862,105 for direct client services including support services. There is no financial impact to Dallas County.
OPERATIONAL IMPACT There is no operational impact to Dallas County from this contract. Administrative funds earned through the program may be utilized to purchase special equipment and vehicles as needed to further objectives of the program.
LEGAL IMPACT There is no legal impact to Dallas County. TDHCA will execute the 2012 CEAP contract amendment electronically.
STRATEGIC PLAN COMPLIANCE Recommendations included in this briefing are consistent with the Dallas County Strategic Plan, Vision 2: Dallas County is a healthy community. The Comprehensive Energy Assistance Program offers utility assistance and emergency relief to assist those who are most vulnerable to the high cost of home heating and cooling.
RECOMMENDATION Itis recommended that the Commissioners Court approve Amendment Number 2 to the FY 2012 Comprehensive Energy Assistance Program (CEAP) Contract No. 58120001335, in the amount of$494,446, for a revised budget amount of $12,240,582, as attached, and authorize the County Judge to electronically sign the Contract Amendment on behalf of Dallas County.
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RECOMMENDED BY: "f """",,&"-r '*7~'!::::"::":'w"-,' <::..:"'-'=-___ _ 7 Zach<l'fy Thorflpson, Director !
Attachment C: Darryl Martin, Court Administrator
Virginia Porter, County Auditor
2377 N Stemmons Freeway, Suite 600, Dallas Texas 75207-2710 (214) 819-2100. Fax (214) 819-6022. dallascounty.org
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SECTION 1.
1 5
TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS CONTRACT NO. 58120001335 FOR THE
COMPREHENSIVE ENERGY ASSISTANCE PROGRAM (CEAP) (CFDA # 93.568)
AMENDMENT NUMBER: 2
This Amendment Number 2 to CEAP Contract No.58120001335 is made by and between the Texas Department of Housing and Community Affairs, a public and official agency of the State of Texas (hereinafter the "Department") and Dallas County Department of Health and Human Services , a political subdivision of the State of Texas (the "Subrecipient"), (hereinafter, collectively the
"Parties").
SECTION 2.
Subrecipient and Department executed that certain CEAP Contract No, 58120001335 ("Contract") to be effective on .
SECTION 3.
Under the authority described in Section 8 of the Contract and for valuable consideration, the receipt and sufficiency which afe
hereby acknowledged, the Parties hereby agree to [further] amend the Contract in the manner provided herein below:
1. Exhibit A, BUDGET, to the Contract is amended by repiacing in its entirety with the amended Exhibit A, BUDGET, attach hereto (consisting of two (2) pages),
2. Section 21. Audit Subsection F, of the Contract is amended by replacing in its entirety:
Subrecipient shall procure audit scryices through an open, competitive process at least once every five years. The auditor shall retain working papers and reports for a minimum of the three years after the date of directive of the auditor's report to the SUbrecipient. Audit working papers shall be made available upon request to Department at the completion of the audit, as part of a quality review, to resolve audit findings, or to carry out oversight responsibilities consistent with the purposes of this Section. Access to working papers includes the right to obtain copies of working papers, as is reasonable and necessary.
SECTION 4.
The Parties hereto agree that all other terms of the Contract shall be and remain in full force and effect as therein set forth and shall continue to govern except to the extent that said terms conflict with the terms of this Second Amendment. In the event this Second Amendment and the tenns of the Contract [as amended by the Sccond Amendment] are in conflict, this Second Amendment shall govern, unless it would make the Contract void by law.
SECTIONS.
Each capitalized term not expressly defined herein shall have the meaning given to such term in the Contract.
SECTION 6.
This Second Amendment may be executed in several counterparts, each of which shall be deemed to be an original copy, and all of which together shall constitute one agreement binding on Parties, notwithstanding that all tbe Parties shall not have signed the same counterpmt.
Page 1 of 4
1 6
SECTION 7.
If any of the Parties returns this copy by facsimile machine or electronic transmission, the signing party intends the copy of its
authorized signature printed by the receiving machine or the electronic transmission to be its original signature.
SECTION 8.
By signing this Second Amendment, the Parties expressly understand and agree that its terms shall become a part of the Contract as if it were set forth word for word therein.
SECTION 9.
This Second Amendment shall be binding upon the Parties hereto and their respective successors and assigns.
SECTION 10.
This Second Amendment is executed to be effective on the date of execution by the authorized representative for the Department.
AGREED TO AND EXECUTED BY:
Dallas County Department of Health and J-luman Services
a political subdivision of the State of Texas
By:
Title:
TEXAS DEPARTMENT OF HOllSING AND COMMUNITY AFFAIRS a public and official agency of the State ofTcxas
By:
Title: Its duly authorized officer or representative
Page 2 of4
17
TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS CONTRACT NO. 58120001335 FOR THE FY 2012
COMPREHENSIVE ENERGY ASSISTANCE PROGRAM (CEAP) (CFDA # 93.568)
EXHIBIT A BUDGET Dallas County Department of Health and Human Serviees, a political subdivision of the State ofTexa~
DEPARTMENT FINANCIAL OBLIGATIONS
CEAP FUNDS CURRENTLY AVA!LABLE $ 12.240,582.00
$ 1,200.01J TRAINING TRAVEL ALLOWANCE FU~1)S CURRENTLY AVAILABLE
BlJQGETFOR AYAILABLE ALI OrATIONS
BUDGET CATEGORY FUNDS
Administration $ 764,961.00
Assurance 16 $612,316.00
Direct Services .$ 10.862,105.00
TOTAL CEAP BUDGET .$ 12,239,382.00
BUDGET CATEGORY FUNDS
Household Crisis $ 3,439,667.00
Cowpayment $ 3,439,667.00
Elderly and Disabled $ 3,439,666.00
Direct Service SUppOJ1 $ 543,105.00
TOTAL DIRECT SERYICES $ 10,862,IOS.OO
Subrecipient's service area consists of the following Texas counties:
DALLAS
Page 3 of4
%
-
-
%
31.67
31.67
31.67
5.00
100.00
1 8
'" Administrative costs, salaries, fringe benefits, non~training travel, equipment, supplies, audit and office space arc limited to 6.00% of the contract expenditures, excluding TrainingITraveJ costs.
Assurance 16 Activities costs arc limited to 5.00% of the contract expenditures excluding Training and Travel costs. Direct Services Support costs are limited to 5.00% of total Direct Services expenditures.
Expenditures for Elderly/Disabled must be at least 10% of Direct Service Dollars expended. Household Crisis and Co-Payment Percentage wi!! be established by Subrecipient. Direct Services Support (may not exceed 5% of Direct Services dollars expended),
Department's prior written approval for purchase or lease of equipment with an acquisition cost of $5,000 and over is required, Approval of this budget does not constitute prior approval for such purchases,.
Funds may not be used for the purchase or improvement of land, or the purchase, construction, or pennanent improvement of any building or facility.
Subrecipient is limited to only one budget revision request during the first 6 months of the Contract Period, A second and final budget revision must be received by the Department on or before November 16,2012.
Subrecipient tennination,
funds.
shall provide outreach services under all components in this category. Subrecipient must document outreach, whether the outreach is conducted
Page 40f4
Failure to do so may result in contract with "Direct Service Support" funds or other
TO:
FROM:
DATE:
SUBJECT:
1 9
DALLAS COUNTY DEPARTMENT OF HEALTH AND HUMAN SERVICES ADMINISTRATION
ZACHARY THOMPSON, M.A. DIRECTOR
COMMISSIONERS COURT
ZACHARY THOMPSON, DIRECTOR
SEPTEMBER 18, 2012
DEPARTMENT OF HOMELAND SECURITY BIOWATCH LABORATORY TECHNICAL AND MANAGEMENT SUPPORT FUNDING
BACKGROUND
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The Department ofHomeland Security (DHS), Office ofHealth Affairs (OHA) has notified Dallas County Health and Human Services offundingto support the BioWatch program in the amount of$100,000 through a FFP Purchase Order. Purchase Order HSHQDC-12-P-00113 provides funding to the Dallas County Health and Human Services Laboratory in support of the BioWatch Program as in accordance with the attached Statement of Work and stated Scope of Work.
FINANCIAL IMPACT The proposed operational budget for the program is attached. There is no financial impact to Dallas County.
OPERATIONAL IMPACT Funds for this program are available for one (1) new full-time administrative assistant position, Grade 10, and will also be utilized to compensate position nos. 4002, 0458, 2915, 4931,4402,5233,2709,2984, and 2711 for expanded job duties. Funding for the program may be utilized to purchase special equipment and vehicles to further the objectives of the program.
IMPACT ON STRATEGIC PLAN Recommendations included in this briefing are consistent with the Dallas County Strategic Plan, Vision 2: Dallas County is a healthy community. The DCHHS Laboratory supports Strategy 2.1., Provide exceptional disease prevention, health promotion, and human service programs to the citizens of Dallas County.
LEGAL IMPACT There is no legal impact to Dallas County.
2377 N Stemmons Freeway, Suite 600, Dallas Texas 75207-2710 (214) 819-2100. Fax (214) 819-6022. dallascounty.org
Commissioners Court September 18. 2012 Page 2
RECOMMENDA TlON
20
It is recommended that the Dallas County Commissioners Court approve the Department of Homeland Security Purchase Order HSHiQDC-12-P-00113, BioWatch Lab Support funding, in the amount of $100,000 for the BioWatch program, and authorize the County Auditor to establish a grant to include the proposed operational budget for the program.
RECOMMENDED BY: -:;:::, 4"-""~""tL"",'i"~"-'s."-"",,-,,,,,,,-----~;; Tlio1Upsol, Director
Attachment C: Darryl Martin, Court Administrator
Virginia Porter, County Auditor Mattye Mauldin-Taylor, Human Resources-Civil Service
2377 N Stemmons Freeway', Suite 600, Dallas Texas 75207-2710 (214) 819-2100. Fax (214) 819-6022. dallascounty.org
21
ORDER FOR SUPPLIES OR SERVICES I PAGE or PAGES
IMPORTANT: Mark ail packages and papers with contract and/or order numbers.
1. DATE OF ORDER 2, CONTRACT NO. (If ?ny)
09/11/2012
3. QRDER.NO I'. REQUISITION/REFERENCE NO
HSHQDC-12 -P-OOl13 ROHA-12-00161
5. IsSUING OFFICE (Addms correspondence to)
u. s. Dept. of Homeland Security Office of Procurement Opor:ations OHA 11.cquisit.ion Division 240 Murray Lane, SIN, #0115 Washington DC 20528-0115
7, TO; ZACHAJ,Y THOMPSON a. NAME OF CONTRACTOR DALLAS COUNTY OF
b. COMPANY NAME
c_ STREET ADDRESS 2377 N STEMMONS FREEWAY
STE 600
d. CllY I tj, STATE I t ZIP CODE DALLAS '1'X 752072710
S, ACCOUNTING AND AF'PROPRIAT10N DATA
See Schedule 11. BUSINESS CLASSIFICATION (Checkappropna('ebol((es)J
t_ i a SMALL IXl b OTHER THAN SMALL I ) C DISADVANTAGED
L.J 1. EMERGING SMAll BUSINESS
I d. WOMEN·OWNED 1"-1 e HUBZone
a_ INSPECTION Destination
13, PLACE OF
lb. ACCEPTANCE Dcst inati on
14. GOVERNMENT BIL NO
I 1 .1
6. SHIP TO:
a. NAME OF CONS!GNEE
Departrnen t of Homeland Secur.i ty
b. STREET ADDRESS 245 Murray Lane Bldg. 410
c. CITY I d. STATE1' ZIP CODE Washingt:on DC 120028
t, SHIP VIA
8, TYPE OF ORDER
Kl a. PURCHASE ~ b_ DELlVERY
REFERENCE YOUR' Except for billil1g instructIOns on the reverse, this derlVery order Is subject to instructions contained on this ~ only of this form and is issued
Please fumlsh the- follOwing on the terms subject to the terms an:;! coMmons
and com;!ltkms specified on ooth sides of of the above-numbamd contract
this ordIar IifNi on the attache<l' sheet, if any, inCluding: deliyery as indicatfld.
10 REQUISITIONING OFFICE
O.S. Dept. Of Homeland SecL1rj,ty ! 12,FOB POINT
9 SERVICE- liDeSLination DISABLED VETERAN· O\f\INEO
15. DELIVER TO F,Q.8, POINT 1$, DISCOUNT TERMS ON OR BEFORE (Date)
5 Days After Award Net 3.0
11. $CHEDU LE (See reverse 1br ReJliCt10tl8;
QUANTITY UNIT QUANTlTY
ITEM NO SUPPLIES OR SERVICEs ORDERED UNIT PRICE AMOUNT ACCEPTED (0) (0) e) (dl ") <I) 101
DUNS Number: 073128597+0000 ']'he purpose of this FFP Purchase order is to provide fundi.ng for: the Dallas County Health and Human S0.rvices laboratory in support of B.io~Ja tch Program in accordance wi t:h the attached Statement of Work and
(Ontinued ...
16. SHIPPING POINT 19 GROSS SHIPPING VVEIGHT 20, INVOICE NO Ir~~) TOTAL (COnt.
21, MAIL INVOICE TO~ Fog .. ) • a, NAME Department of Homeland S0curity .$lOC),QOO.OO
SEE8IUING INSTRUCTIONS Il. STREET ADDRESS jjur llngton t'lnance l;enter ONREVERS£ orP.Q, Box) P.O. Box 1000 17m
l',tt.n: OffiCE) of Heal ttl Affairs GRAND (lEA. lnvoicG. Conso Lidat.:ion@dhs. goy TOTAl
1;,<;1'1
r~~;' e liP COD,
$100,000.00 • WiLliston OS495 ,
22 UNITED STATES OF
AMERICA BY (Signa/ute)
AUTHORIZED FOR LOCAl REPf<ODUCTION PREl/lOUS !:'lOrnON NOT USA9LE
, ~ 1 / \ i 23. NAME ,d tryp ) Timothy 8. Davis
TITLE: CONTRACTINGIORDERING OFFICER
OPTIONAL FORM 347 rRo. 4(.>OIl6 p,=,~,~ br GSNMR ~a CI'R 5.~'1 :,(.,1
SCHEDULE - CONTINUATION i contract and/or order numbers,
DATE OF ORDER I(';UI'II KA~ NO.
09/11/2012
ITEM NO.
la)
0001
AU
SUPPUES/SERV1CES
(b)
and .nrli c ions,
Attachments: Attachment 1: Statement of Work (SOW) Attachment 2: Terms and Conditions
rrhe is no requirement for the laboratory o countersign this Purchase Order.
DO/DPAS Rating: NONE c1ni' Office:
u.s. Dept. of Homeland Security Office of Procurement Operations OHA Acquisition Division 245 Murray Lane, SW, #0115 Washington DC 20528-0115
IA,ocou,nnting Info: IR~Bnn12-000-HA-13-14-05-000-05-00-0000-00-0( !-00-00-GE-OE-25-76-000000 IPeriod of Performance: 09/11/2012 to i09 /10/2013
!BioWatch Laboratory Support in accordance ,wi- at.tached Statement of Work (SOW;
1l11V'J,"icc"~e Instructions: The laboratory is to invoice for the full
t by no later than (NL'r) September 3D,
2012 to the [email protected].
An invoice example will be provided to the laboratory at a later date.
Award Distribution: [email protected]
IPayment Office: J~~CL of Homeland Security
IBurlington Finance Center IF,O. Box 1000 IWilliston, VT 05495-1000 !Attn: Office of Health Affairs (OHA) !Fax (802-288-7658) :~-m~il: [email protected]
Continued .,.
TOTAL CARRIED I TO 1ST PAGE liTEM 17(H»)
PREVIOUS EDITION NOT USABLE
22
'''' (o) (d)
UNIT PRICE
(e)
2
AMOUNT QUANT!TY
ACC~:TED
100,000,00
$100,000.00 FORM 348 (Rev 412006
Prescr;b.d by GSA FAR (48 CFR) 53,213(f
SCHEDULE. CONTINUA TION IMPORTANT Mark all pac ages an papers with contract and/or order numbers.
DATE OF ORDER I'CONTRACT NO
09/11/2012
ITEM NO. SUPPLIES/SERVICES
FY Appropriated: FY12 Appropriation Title: One year OHA program funds, 2012 Treasury Account Symbol (TAS): 700117 Treasury Appropriation Fund Symbol (TAFS): 7020117 Amount: $100,000
The total amount of award; $100, 000. 00. The obligation for this award is shown in box 17 Ii) .
TOTAL CARRIED FORWARD TO 1ST PAGE (ITEM 17(H))
AUTHORIZED FOR LOCAL REPOOUCTION PREVIOUS EDITION NOT USABLE
23
QUANTITY UNIT ORDERED
(e) (d)
UNIT PRICE
(,)
3
I ORDER NO
HSHQDC-12-P-00113
AMOUNT
(n
$0.00
QUANTITY ACCEPTED
(9)
OPTIONAL FORM 348 (Rey 412006)
P'e.cr;Md by GSA FAR (48 CFR) 53 2131f
24
DALLAS COUNTY DEPARTMENT OF HEALTH AND HUMAN SERVICES
BIOWATCH PROGRAM (FUNDED BY DEPT. OF HOMELAND SECURITY)
PROPOSED OPERATIONAL BUDGET
Line Item Account # Amount
25
Attachment 1
DEP ARMENT OF HOMELAND SECURITY (DRS) Office of Health Affairs
Statement of Work For BIOWATCH LABORATORY TECHNICAL AND
MANAGEMENT SUPPORT
1.0 PURPOSE
The Department of Homeland Security (DHS), Office of Health Affairs (OHA), supports the BioWatch Program. This solicitation is to procure services to provide overarching technical and management support in the laboratories to the BioWatch Program.
2.0 BACKGROUND
The U.S. Department of Homeland Security (DHS) mission is to ensure a homeland that is safe, secure, and resilient against terrorism and other hazards. The DHS Office of Health Affairs (OHA) provides medical, health, and scientific expertise in support of the DHS mission to prepare for, respond to, and recover from all threats.
The BioWatch Systems Program Office (SPO) within OHA supports this mission through the BioWatch program, the only civilian program that monitors for the aerosol release of bioterrorism agents. The Mission of the BioWatch program is to provide and maintain a continuous bio-terrorism air monitoring system in large metropolitan areas and coordinate with state and local public health communities to prepare for and respond to a bioterrorist event. Established in 2003, BioWatch continuously monitors select urban environments twenty-four hours a day, seven days a week. The BioWatch program's Strategic Objectives include:
• Monitor for highest priority biological agents that could result in catastrophic outcomes;
• Provide protection in the most at-risk locations of the nation;
• Maintain the technical oversight of operations in close collaboration with state and local public health partners who execute the program;
• Conduct advanced development, procure and deploy better detection capability at lower cost with Federal research and development (R&D);
• Coordinate Federal, State, and local public health preparedness planning activities to develop operational protocols for a BioWatch Actionable Result (BAR); and
• Continue to strengthen Federal, State, and local partnerships and build efficiencies.
The BioWatch program consists of distinct operational components including field, laboratory and public health. The field component conducts daily collection of airfilter samples for delivery to a state or local Laboratory Response Network (LRN) laboratory. The public health component develops response plans and manages the local public response in the event of a BioWatch Actionable Result. The Laboratory Component provides capabilities to analyze collected samples to detect the presence of select
Page 1 of3
26
Attachment 1
biological agents and report the results. The BioWatch SPO currently provides contracted laboratory staff to most BioWatch LRN laboratories to perform the laboratory analysis under the guidance of the local Laboratory Director.
3.0 SCOPE
The scope of this purchase order includes technical oversight and infrastructure support for the following activities:
• Oversight of BioWatch laboratory operations by the Public Health Laboratory (PHLP) Director or designee;
• Data review, interpretation, and decision making by PHLP Director or designee • Quality Assurance (QA) Oversight of BioWatch related laboratory activities; • Cross-training of personnel for response to a surge event; • Laboratory infrastructure support (space, IT network, security, waste disposal);
and • (OPTIONAL) Multi-center studies for new technologies and/or procedures.
Laboratory support may be utilized for at least one of the activities listed above. There is no requirement that all activities listed above must be used.
4.0 DHS Points of Contact
The DHS points of contact (POCs) are as follows:
• DHS Contracting Officer
Mr. Timothy Davis Department of Homeland Security Office of Procurement Operations Preparedness & Intelligence Division Washington, DC 20528 Office: (202) 254-2333 Email: timothy.davisialhq.dhs.gov
• DHS Contract Specialist
Ms. Sang Han Department of Homeland Security Office of Procurement Operations Preparedness & Intelligence Division Washington, DC 20528 Office: (202) 254-8653 Email: [email protected]
• DHS OHA Technical Representatives
Page 2 of3
27
Dr. Linda Beck BioWatch Director of Laboratory Operations Health Threats Resilience Division Office of Health Affairs U.S. Department of Homeland Security Washington, DC 20528 Office: (703) 647-2747 Cell: (202) 308-9635 linga.beg.!,@hgAhs.gov
CAPT Malcolm Johns, USPHS BioWatch Deputy Program Manager for Quality Assurance Health Threats Resilience Division Office of Health Affairs U.S. Department of Homeland Security Washington, DC 20528 (202) 254-6080 (202) 365-9442 (cell) [email protected]
W. David Crosson BioWatch Director of Business Operations Health Threats Resilience Division Office of Health Affairs U.S. Department of Homeland Security Washington, DC 20528 Office: (703) 647-2757 Cell: (202) 360-3467 Email: david.crosson(alhq.dhs.goY
Page 3 of3
Attachment I
28
PURCHASE ORDER TERMS AND CONDITIONS Date of Order: September 2012
Attachment 2
52.212-4, CONTRACT TERMS AND CONDITIONS---COMMERCIAL ITEMS (FEB 2012)
(a) inspection/Acceptance. The Contractor shall only tender for acceptance those items that conform to
the requirements of this contract. The Government reserves the right to inspect or test any supplies or
services that have been tendered for acceptance. The Government may require repair or replacement of
nonconforming supplies or reperfonnance ofnonconfonning services at no increase in contract price. If
repair/replacement or reperfonnance will not correct the defects or is not possible, the Govemment may
seek an equitable price reduction or adequate consideration for acceptance of nonconforming supplies or
services, The Government must exercise its post-acceptance rights-
(1) Within a reasonable time after the defect was discovered or should have been discovered; and
(2) Before any substantial change occurs in the condition of the item, unless the change is due to the
defect in the item.
(b) Assignment. The Contractor or its assignee may assign its rights to receive payment due as a result of
perfonnance of this contract to a bank, trust company, or other financing institution, including any Federal
lending agency in accordance with the Assignment of Claims Act (31 U.S.C. 3727). However, when a third
party makes payment (e.g., use of the Governmentwide commercial purchase card), the Contractor may not
assign its rights to receive payment under this contracL
(c) Changes. Changes in the terms and conditions of this contract may be made only by written
agreement of the parties.
(d) Disputes. This contract is subject to the Contract Disputes Act of 1978, as amended (41 U.S .C. 60 J
ill). Failure of the parties to this contract to reach agreement on any request for equitable adjustment,
claim, appeal or action arising under or relating to this contract shall be a dispute to be resolved in
accordance with the clause at FAR 52.233-1, Disputes, which is incorporated herein by reference. The
Contractor shall proceed diligently with performance of this contract, pending final resolution of any
dispute arising under the contract.
(e) Definitions. The clause at FAR 52.202- J, Definitions, is incorporated herein by reference.
(f) Excusable delays. The Contractor shall be liable for default unless nonperformance is caused by an
occurrence beyond the reasonable control of the Contractor and without its fault or negligence such as, acts
of God or the public enemy, acts of the Govemment in either its sovereign or contractual capacity, fires,
floods, epidemics, quarantine restrictions, strikes, unusually severe weather, and delays of common
carriers. The Contractor shall notify the Contracting Officer in writing as soon as it is reasonably possible
after the commencement of any excusable delay, setting forth the full particulars in connection therewith,
shall remedy such occurrence with all reasonable dispatch, and shall promptly give written notice to the
Contracting Officer of the cessation of such occurrence.
(g) Invoice.
(1) The Contractor shall submit an original invoice and three copies (or electronic invoice, if
authorized) to the address designated in the contract to receive invoices. An invoice must include
(i) Name and address of the Contractor;
(ii) Invoice date and number;
(iii) Contract number, contract line item number and, if applicable, the order number;
(iv) Description, quantity, unit of measure, unit price and extended price of the items delivered;
Page 1 of9
29
Attachment 2
(v) Shipping number and date of shipment, including the bill of lading number and weight of
shipment if shipped on Government bill of lading;
(vi) Terms of any discount for prompt payment offered;
(vii) Name and address of official to whom payment is to be sent;
(viii) Name, title, and phone number of person to notify in event of defective invoice; and (ix) Taxpayer Identification Number (TIN). The Contractor shall include its TIN on the invoice
only if required elsewhere in this contract. (x) Electronic funds transfer (EFT) banking information.
(A) The Contractor shall include EFT banking information on the invoice only if required
elsewhere in this contract. (B) If EFT banking infonnation is not required to be on the invoice, in order for the invoice to
be a proper invoice, the Contractor shall have submitted correct EFT banking infonnation in accordance with the applicable solicitation provision, contract clause (e.g., 52.22?-33, Payment by Electronic Funds
Transfer-Central Contractor Registration, or 52.232-34, Payment by Electronic Funds Transfer---Other
Than Central Contractor Registration), or applicable agency procedures.
(C) EFT banking information is not required if the Government waived the requirement to pay
by EFT. (2) Invoices will be handled in accordance with the Prompt Payment Act (31 U.S.c. 3903) and Office
of Management and Budget (OMB) prompt payment regulations at 5 CFR Part 1315.
(h) Patent indemnity. The Contractor shall indemnify the Government and its officers, employees and
agents against liability, including costs, for actual or alleged direct or contributory infringement of, or inducement to infringe, any United States or foreign patent, trademark or copyright, arising out of the
perfonnance of this contract, provided the Contractor is reasonably notified of such claims and proceedings.
(i) Payment.-
(1) Items accepted. Payment shall be made for items accepted by the Government that have been delivered to the delivery destinations set forth in this contract.
(2) Prompt payment. The Government will make payment in accordance with the Prompt Payment
Act (3 I U .S.C. 3903) and prompt payment regulations at 5 CFR Part 1315.
(3) Electronic Funds Tran'fer (EFT). 1fthe Government makes payment by EFT, see 52.2 12-5(b) for
the appropriate EFT clause.
(4) Discount. In connection with any discount offered for early payment, time shall be computed
from the date of the invoice. For the purpose of computing the discount earned, payment shall be
considered to have been made on the date which appears on the payment check or the specified payment
date if an electronic funds transfer payment is made. (5) Overpayments. If the Contractor becomes aware of a duplicate contract financing or invoice
payment or that the Government has otherwise overpaid on a contract financing or invoice payment, the Contractor shaU-
(i) Remit the overpayment amount to the payment office cited in the contract along with a
description of the overpayment including the-
(A) Circumstances of the overpayment (e.g., duplicate payment, erroneous payment,
liquidation errors, date(s) of overpayment);
(B) Affected contract number and delivery order number, if applicable;
(C) Affected contract line item or subline item, if applicable; and
(D) Contractor point of contact.
(ii) Provide a copy of the remittance and supporting documentation to the Contracting Officer.
(6) Interest.
Page 2 of9
30
Attachment 2
(i) All amounts that become payable by the Contractor to the Government under this contract shall
bear simple interest from the date due until paid unless paid within 30 days of becoming due. The interest
rate shall be the interest rate established hy the Secretary of the Treasury as provided in Section 611 of the
Contract Disputes Act of 1978 (Public Law 95-563), which is applicable to the period in which the amount
becomes due, as provided in (i)(6)(v) of this clause, and then at the rate applicable for each six-month
period as fixed by the Secretary until the amount is paid.
(ii) The Government may issue a demand for payment to the Contractor upon finding a debt is due
under the contract. (iii) Final decisions. The Contracting Officer will issue a final decision as required by n.21 I if-~
(A) The Contracting Officer and the Contractor are unable to reach agreement on the existence or amount of a debt within 30 days;
(B) The Contractor fails to liquidate a debt previously demanded by the Contracting Officer
within the timeline specified in the demand for payment unless the amounts were not repaid because the Contractor has requested an installment payment agreement; or
(C) The Contractor requests a defenment of collection on a debt previously demanded by the
Contracting Officer (see 32.607-2).
(iv) If a demand for payment was previously issued for the debt, the demand for payment included
in the final decision shall identify the same due date as the original demand for payment.
(v) Amounts shall be due at the earliest of the following dates:
(Al The date fixed under this contract.
(B) The date of the first written demand for payment, including any demand for payment
resulting from a default termination. (vi) The interest charge shall be computed for the actual number of calendar days involved
beginning on the due date and ending on-(A) The date on which the designated office receives payment from the Contractor;
(B) The date of issuance of a Government check to the Contractor from which an amount otherwise payable has been withheld as a credit against the contract debt; or
(C) The date on which an amount withheld and applied to the contract debt would otherwise
have become payable to the Contractor.
(vii) The interest charge made under this clause may be reduced under the procedures prescribed
in 32.608-2 of the Federal Acquisition Regulation in effect on the date of this contract.
OJ Risk of loss. Unless the contract specifically provides otberwise, risk ofloss or damage to the supplies
provided under this contract shall remain with the Contractor until, and shall pass to the Government upon:
(l) Delivery of the supplies to a carrier, ifttansportation is f.o.b. origin; or
(2) Delivery of the supplies to the Government at the destination specified in the contract, if
transportation is f.o.b. destination. (k) Taxes. The contract price includes all applicable Federal, State, and local taxes and duties.
(1) Termination for the Government's convenience. The Government reserves the right to terminate this
contract, or any part hereof, for its sole convenience. 1n the event of such termination, the Contractor shall immediately stop all work hereunder and shall immediately cause any and all of its suppliers and
subcontractors to cease work. Subject to the terms of this contract, the Contractor shall be paid a percentage
of the contract price reflecting the percentage of the work performed prior to the notice ofterrnination, plus reasonable charges the Contractor can demonstrate to the satisfaction ofthe Government using its standard
record keeping system, have resulted from the termination. The Contractor shall not be required to comply
with the cost accounting standards or contract cost principles for this purpose. This paragraph does not give the Government any right to audit the Contractor's records. The Contractor shall not be paid for any work perfonned or costs incurred which reasonably could have been avoided.
Page 3 of9
31
Attachment 2
(m) Termination for cause. The Government may terminate this contract, or any part hereof, for cause in
the event of any default by the Contractor, or ifthe Contractor fails to comply with any contract terms and
conditions, or fails to provide the Government, upon request, with adequate assurances of future
perfonnance. In the event of tennination for cause, the Government shall not be Hable to the Contractor for
any amount for supplies or services not accepted, and the Contractor shall be liable to the Government for
any and all rights and remedies provided by law, If it is detelmined that the Government improperly
terminated this contract for default, such termination shaH be deemed a tennination for convenience.
(n) l1tle. Unless specified elsewhere in this contract, title to items furnished under this contract shall
pass to the Government upon acceptance, regardless of when or where the Government takes physical
possession.
(0) Warranty. The Contractor warrants and implies that the items delivered hereunder are merchantable
and fit for use for the particular purpose described in this contract.
(p) Limitation of liability. Except as otherwise provided by an express warranty, the Contractor will not
be liable to the Government for consequential damages resulting from any defect or deficiencies in
accepted items.
(q) Other compliances. The Contractor shall comply with all applicable Federal, State and local laws,
executive orders, rules and regulations applicable to its perfOlmance under this contract.
(r) Compliance with laws unique to Government contracts. The Contractor agrees to comply with
31 U.S.C. 1352 relating to limitations on the use of appropriated funds to influence certain Federal
contracts; 18 U.S.c. 431 relating to officials not to benefit; 40 U.S.c. 37Q.L et seq., Contract Work Hours
and Safety Standards Act; 41 U.S.C. 51-58, Anti-Kickback Act of 1986; 41 U.S.c. 265 and 10 U.S.C. 2409
relating to whistleblower protections; 49 U .S.C. 40 II~, Fly American; and 41 U.S.C. 423 relating to
procurement integrity.
(5) Order a/precedence. Any inconsistencies in this solicitation or contract shall be resolved by giving
precedence in the following order:
(1) The schedule of supplies/services.
(2) The Assignments, Disputes, Payments, Invoice, Other Compliances, and Compliance with Laws
Unique to Government Contracts paragraphs ofthis clause.
(3) The clause at 52.212-5.
(4) Addenda to this solicitation or contract, including any license agreements for computer software.
(5) Solicitation provisions if this is a solicitation.
(6) Other paragraphs of this clause.
(7) The Standard Form 1442.
(8) Other documents, exhibits, and attachments.
(9) The specification.
(t) Central Contractor Registration (CCR).
(1) Unless exempted by an addendum to this contract, the Contractor is responsible during
perfoI1nance and through final payment of any contract for the accuracy and completeness of the data
within the CCR database, and for any liability resulting from the Government's reliance on inaccurate or
incomplete data. To remain registered in the CCR database after the initial registration, the Contractor is
required to review and update on an annual basis from the date of initial registration or subsequent updates
its information in the CCR database to ensure it is current, accurate and complete. Updating infonnation in
the CCR does not alter the terms and conditions of this contract and is not a substitute for a properly
executed contractual document.
(2)(i) If a Contractor has legally changed its business name, "doing business as" name, or division
name (whichever is shown on the contract), or has transferred the assets used in perfonning the contract,
but has not completed the necessary requirements regarding novation and change-of-name agreements in
Page4of9
32
Attachment 2
FAR Subpart 42. LZ, the Contractor shall provide the responsible Contracting Officer a minimum of
one business day's written notification of its intention to (A) change the name in the CCR database; (B) comply with the requirements of Sub!ll![t 42.12; and (C) agree in writing to the timeline and procedures
specified by the responsible Contracting Officer.
The Contractor must provide with the notification sufficient documentation to support the legally
changed name. (ii) If the Contractor fails to comply with the requirements of paragraph (t)(2)(1) of this clause, or
fails to perform the agreement at paragraph (t)(2)(i)(C) of this clause, and, in the absence of a properly
executed novation or change-of-name agreement, the CCR information that shows the Contractor to be other than the Contractor indicated in the contract will be considered to be incorrect infonnation within the meaning of the "Suspension of Payment" paragraph of the electronic funds transfer (EFT) clause ofthis
contract.
(3) The Contractor shall not change the name or address for EFT payments or manual payments, as
appropriate, in the CCR record to reflect an assignee for the purpose of assignment of claims (see Subpart]]~, Assignment of Claims). Assignees shall be separately registered in the CCR database.
Information provided to the Contractor's CCR record that indicates payments, including those made by
EFT, to an ultimate recipient other than that Contractor will be considered to be incorrect information within the meaning ofthe "Suspension of payment" paragraph of the EFT clause of this contract.
(4) Offerors and Contractors may obtain information on registration and annual confirmation requirements via CCR accessed through https:llwww.acguisition.gov or by calling 1-888-227-2423 or 269-
961-5757.
(End of clause)
52.212-5, CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS-COMMERCIAL [1EMS (JUL 2012)
(a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses,
which are incorporated in this contract by reference, to implement provisions of law or Executive orders applicable to acquisitions of commercial items:
(I) 52.222-50, Combating Trafficking in Persons (Feb 2009) (22 U.S.c. 7J()4(g)).
_Alternate [ (Aug 2007) of 52.222-50 (22 U.S.c. 71 04(g»).
(2) 52.233-3, Protest After Award (AUG 1996) (3] U.S.c. 3553).
(3) 52.233-4, Applicable Law for Breach of Contract Claim (OCT 2004) (Pub. 1. ] 08-77, 108-78).
(b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the Contracting Officer
has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items:
[Contracting Officer check as appropriate. J
~ (I) 52.203-6, Restrictions on Subcontractor Sales to the Government (Sept 2006), with Alternate I
(Oct 1995) (41 U.S.c. 252g and lQJj.S.c. 2402).
__ (2) s2..20;):.Ll., Contractor Code of Business Ethics and Conduct (Apr 20 I 0) (Pub. L. 110-252,
Title VI, Chapter 1(41 U.S.c. 251 nore)).
~ (3) 52.203·15, Whistleblower Protections under the American Recovery and Reinvestment Act of
2009 (June 2010) (Section 1553 of Pub. L. 111-5). (Applies to contracts funded by the American Recovery
and Reinvestment Act of2009.)
Page 5 of9
33
Attachment 2
_ (4) 52,204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (Feb 2012)
(Pub,L.I09-282)(31 U,S,C.610Ipote),
_ (5) 52.204-11, American Recovery and Reinvestment Act-Reporting Requirements (Jul 20 I 0)
(Pub, L. ] 11-5),
_ (6) 52.209-6, Protecting the Government's Interest When Subcontracting with Contractors
Debarred, Suspended, or Proposed for Debamlent. (Dec 2010) (31 U,S,C, 6101 note),
_ (7) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters
(Feb 2012) (41 U,S,c. 2313),
_ (8) 51.,209-1 Q, Prohibition on Contracting with Inverted Domestic Corporations (May 2012)
(section 738 of Division C of Pub, L. 112-74, section 740 of Division C of Pub, L. 111-117, section 743 of
Division D of Pub, L. 111-8, and section 745 of Division D of Pub, L. 110-161).
_ (9) 52.2J 9-3, Notice of HUBZone Set-Aside or Sole-Source Award (Nov 2011) (15 U,S,C, 657a),
_ (10) 52,219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns
(JAN 20 II) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 I) ,S,c. 657a),
_ (11) [Reserved] _ (12)(i) 52.219-6, Notice of Total Small Business Set-Aside (Nov 2011) (15 I),S,c. 644),
_ (ii) Alternate I (Nov 20 II),
_ (iii) Alternate II (Nov 2011),
_ (13)(i) 52.219-7, Notice of Partial Small Business Set-Aside (June 2003) (15 U,S,c. 644),
_ (ii) Alternate I (Oct 1995) of52,219-7.
_ (iii) Alternate II (Mar 2004) of 52.719-7,
(14) 52 2] 9-8, Utihzation of Small Blllsiness Concerns (Jan 20 II) (15 USC 637(d)(2) and (3»,
_ (15)(i) 52,219-9, Small Business Subcontracting Plan (Jan 2011) (15 U,S,CO 637(d)(4)),
_ (ii) Alternate I (Oct 2001) of52.219-9,
_ (iii) Alternate II (Oct 2001) of 52219-~,
_ (iv) Alternate III (JuI20JO) of52.219-9,
_ (16) 52.2] 9-13, Notice of Set-Aside of Orders (Nov 2011 )(~C. 644(r)).
_ (17) 52,219-14, Limitations on Subco"tracting (Nov 20]]) (15 I),S,c. 637(a..!(1'1.)),
_ (18) 52.219-16, Liquidated Damages-Subcon-tracting Plan (Jan 1999) (15 I),S,c.
637(d)( 4)(F)(i)),
_ (19)(i) 52.219-23, Notice of Price Evaluation Adjustment for Small Disadvantaged Business
Concerns (OCT 2008) (10 U,S,c. 2323) (if the "treror elects to waive the adjustment, it shall so indicate in
its offer), _ (ii) Alternate I (June 2003) of 52.2 !9-23,
_ (20) 52.219-25, Small Disadvantaged IBusiness Participation Program-Disadvantaged Status and
Reporting (Dec 20]0) (Pub. L. 103-355, section 7]02, andlQ.Jld,.C. 23:1JJ
_ (21) 52.219-26, Small Disadvantaged IBusiness Participation Program- Incentive Subcontracting
(Oct 2000) (Pub, L, 103-355, section 7102, and 10 U.S,C, 2323),
_ (22) 52.2,19-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (Nov 2011)
(li..U,S"<::'c65U). _ (23) 52,219-2~, Post Award Small Bminess Program Rerepresentation (Apr 2012) <'1.5 U,S,c.
§.l2WQ)· _ (24) 52.2.19-22, Notice of Set-Aside for Economically Disadvantaged Women-Owned Small
Business (EDWOSB) Concerns (Apr 20 12) (15 U .S,C, 637(111),
_ (25) 52.2.l2-30, Notice of Set-Aside for Women-Owned Small Business (WOSB) Concerns
Eligible Under the WOSB Program (Apr 2012) (I 5 U,S,C, 6mm.l)' _ (26) 52.222-3, Convict Labor (June 2(03) (E,O, 11755),
Page 6 of9
34
Attachment 2
_ (27) 52.222-19, Child Labor-Cooperation with Authorities and Remedies (Mar 2012)
(E.O. 13126). K (28) 52.222-21., Prohibiti9n of Segregated Facilities (Feb 1999).
K...(29) 52.222-26, Equal Opportunity (Mar 2007) (E.O. 11246).
K (30) 52.222-35, Equal Opportunity for Veterans (Sep 2010)(38 U.S.C. 42 [2).
K (31) 52.222-JJ1, Affirmative Action for Workers with Disabilities (Oct 2010) Q\ULS..C. 79.~). K (32) 52.222.:lZ, Employment Reports on Veterans (SEP 2010) (38 U.S.C. 4212).
(33) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act
(Dec 2010) (E.O. 13496).
_ (34) 52.222-54, Employment Eligibility Verification (JUL 2012). (Executive Order 12989). (Not
applicable to the acquisition of commercially available off-the-shelf items or certain other types of
commercial items as prescribed in £2.1803.) (35)(i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA-Designated
Items (May 2008) (42 U.S.C. 6962(c)(3)(A)(ji)). (Not applicable to the acquisition of commercially
available off-the-shelf items.) __ (ii) Alternate I (May 2008) of 52.223-9 (42 U.S.C. 6962(i)(2)(C). (Not applicable to the
acquisition of commercially available off-the-shelf items.)
_ (36) 52.223-15, Energy Efficiency in Energy-Consuming Products (DEC 2007) (42 U.S.C. 8259b).
_ (37)(i) 52.223-16, IEEE 1680 Standard for the Environmental Assessment of Personal Computer
Products (DEC 2007) (E.O. 13423). _ (ii) Alternate I (DEC 2007) of 52.223-16.
_ (38) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving
(AUG 2011) (E.O. 13513). _ (39) 52.225-1, Buy American Act-Supplies (Feb 2009) (41 U.S.c. [Oa-IOd).
_ (40)(i) 52.225-3, Buy American Act-Free Trade Agreements-Israeli Trade Act (May 2012) (11
U.S.C. chapter 83,19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U S.c. 380S note, 19 U.S.C. 4001 note,
Pub. L. 103-182, 108-77, 108-78, 108-286, 108-302, 109-53, 109-169, 109-283, 110-138, 112-41, and 112-
42). _ (ii) Alternate I (Mar 20 12) of 52.225:1.
_ (iii) Alternate II (Mar 2012) of 52.225-3.
(iv) Alternate !II (Mar 2012) of52.225-3
_ (41) 52.225-5, Trade Agreements (MAY 2012) (19 U .S.C. 250 I, et seq., 19 U.S.c. 330 I note).
X.- (42) 52.225-13, Restrictions on Certain Foreign Purchases (June 2008) (E.O.'s, proclamations, and
statutes administered by the Office of Foreign Assets Control oflhe Department oflhe Treasury).
_ (43) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.c. 5150).
_ (44) 52.226_:~, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007)
(1llis,~5 15Q). _ (45) 52.232-29, Terms for Financing of Purchases ofCommercialltems (Feb 2002)
(11. U.S.c. 255W, ill USJ·~2~O·?(.fl). (46) 52.232-30, Installment Payments for Commercial Items (Oct 1995) (ilii.S,D. 255m,
lJULii.C, 2307m)· )L(47) 52.21Z::U, Payment by Electronic Funds Transfer-Central Contractor Registration
(Oct 2003) (31 U.S.C. 3332). _ (48) )2.232-34, Payment by Electronic Funds Transfer-Otherlhan Central Contractor
Registration (May 1999) (31 U.S.C. 3332).
_ (49) 52.232-36, Payment by Third Party (Feb 2010) (31 U.S.c. 3332).
_ (50) 52.239-1, Privacy or Security Safeguards (Aug 1996) (ij).S.C.552a).
Page7of9
35
Attachment 2
_ (51)(i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006)
(46 U.S.C. ApDX. 124J..Ch.l and 10 U.S.C. 2631).
_ (ii) Alternate I (Apr 2003) of 52.247-64.
(c) The Contractor shall comply with the FAR clauses in this paragraph (c), applicable to commercial
services, that the Contracting Officer has indicated as being incorporated in this contract by reference to
implement provisions oflaw or Executive orders applicable to acquisitions of commercial items: [Contracting Officer check as appropriate.]
_ (1) 52.222-41, Service Contract Act of 1965 (Nov 2007) (41 U.S.C. 35 J, et seq.).
_ (2) 52.222-42, Statement of Equivalent Rates for Federal Hires (May 1989) (22JLS.C~206 and
41 U.S.C.35J,etseq.). __ (3) 52.222-43, Fair Labor Standards Act and Service Contract Act-Price Adjustment (Multiple
Year and Option Contracts) (Sep 2009) (29 U.S.C. 206 and 41 U.S.C. 351, et seq.).
_ (4) 52.222-44, Fair Labor Standards Act and Service Contract Act-Price Adjustment (Sep 20(9)
(29 U.S.C. 206 and 41 U.s.C. 351, et seq.). _ (5) 52.222-51, Exemption from Application of the Service Contract Act to Contracts for
Maintenance, Calibration, or Repair of Certain Equipment-Requirements (Nov 2007) (41351, et seq.).
_ (6) 52.222-53, Exemption from Application of the Service Contract Act to Contracts for Certain
Services-Requirements (Feb 2009) (41 U.S.C. 351, et seq.).
_ (7) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (Mar 2009) (Pub. L
110-247).
_ (8) 52.237-11, Accepting and Dispensing of$1 Coin (Sept 2008) (31 U.S.C. 5112(r)( I ». (d) Comptrolier Genera/ Examination of Record. The Contractor shall comply with the provisions ()f
this paragraph (d) if this contract was awarded using other than sealed bid, is in excess of the simplified
acquisition threshold, and does not contain the clause at 52.215-2, Audit and Records-Negotiation. (I) The Comptroller General of the United States, or an authorized representative of the Comptroller
General, shall have access to and right to examine any of the Contractor's directly pertinent records involving transactions related to this contract
(2) The Contractor shall make available at its offices at all reasonable times the records, materials,
and other evidence for examination, audit, or reproduction, until 3 years after final payment under this contract or for any shorter period specified in FAR Subpart 4.7, Contractor Records Retention, of the other
clauses of this contract. !fthis contract is completely or partially terminated, the records relating to the
work terminated shall be made available for 3 years after any resulting final termination settlement.
Records relating to appeals under the disputes clause or to litigation or the settlement of claims arising under or relating to this contract shall be made available until such appeals, litigation, or claims are finally
resolved. (3) As used in this clause, records include books, documents, accounting procedures and practice&.,
and other data, regardless of type and regardless of fonn. This does not require the Contractor to create or maintain any record that the Contractor does not maintain in the ordinary course of business or pursuant to a provision of law,
(e)(1) Notwithstanding the requirements of the clauses in paragraphs (a), (b), (c), and (d) ofthis clause,
the Contractor is not required to flow down any FAR clause, other than those in this paragraph (e)(I) in "
subcontract for commercial items. Unless otherwise indicated belOW, the extent of the 'flow down shall be as required by the clause·-
(i) 52.203-13, Contractor Code of Business Ethics and Conduct (Apr 201 0) (Pub. L. 110-252, Title
VI, Chapter I (±l U.S.C c 251 note».
(ii) ;).2.219-8, Utilization of Small Business Concerns (Dec 2010) (l5 U.S.c. 6:l](d)(2.l and (3)), in
all subcontracts that offer further subcontracting opportunities. lfthe subcontract (except subcontracts to
Page 8 of9
36
Attachment 2
small business concerns) exceeds $650,000 ($1.5 million for construction of any public facility), the
subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities. (iii) [Reserved]
(iv) 52.222-22, Equal Opportunity (Mar 2007) (E.O. 11246).
(v) 52.222-35, Equal Opportunity for Veterans (Sep 2010) (38 U.S.C. 4212).
(vi) 52.222-36, Affirmative Action for Workers with Disabilities (Oct 201 0) Cl.2JL~.C. 793).
(vii) 52c~llo4Q, Notification of Employee Rights Under the National Labor Relations Act
(Dec 2010) (E.O. 13496). Flow down required in accordance with paragraph (I) of FAR clause 52.222-40.
(viii) 52.222-41, Service Contract Act of 1965 (Nov 2007) (1.!J.LSJ:.~J.5J., et seq.).
(ix) 52.222-5Q, Combating Trafficking in Persons (Feb 2009) (22JoJ,S.C. 71 04J.gl).
~Altemate I (Aug 2007) of 52222-50 (22 U.S.c. 7l.QMg).
(x) 52.22:C:.2L Exemption from Application of the Service Contract Act to Contracts for
Maintenance, Calibration, or Repair of Certain Equipment-Requirements (Nov 2007) (±.L1Ls.~1.2L ef
seq.).
(xi) 52.222-53, Exemption from Application ofthe Service Contract Act to Contracts for Certain
Services-Requirements (Feb 2009) (41 U.S.C. 351, ef seq.).
(xii) 52.222-54, Employment Eligibility Verification (JUL 2012).
(xiii) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (Mar 2009) (Pub. L
110-247). Flow down required in accordance with paragraph (e) of FAR clause 52.226-6.
(xiv) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006)
(,,6 U.S.c. Appx. 124 lib) and 10 U.S.C. 263 L). Flow down required in accordance with paragraph (d) of
FAR clause 52.247-64. (2) While not required, the contractor may include in its subcontracts for commercial items a minimal
number of additional clauses necessary to satisfy its contractual obligations.
(End of clause)
Page 90f9
OFFICE OF THE DIRECTOR
September 12,2012
37
Dallas County Southwestern Institute of Forensic Sciences
at Dallas
TO: Commissioners Court
THROUGH: Jeffrey J. Barnard, M.D., Director and Chief Medical Examiner
FROM: Cathy Causey Self, Forensic Operntions Administrator ccs 9.12.12
2355 N. Stemmons Frwy. Dallas, Texas 75207 Phone: 214.920.5900
SUBJECT: Interlocal Agreement with University of Texas Southwestern Medical Center for Transport of Decedents
Background
The Office of the Medical Examiner (OME) conducts investigations into selected deaths as specified by statute (generally, sudden, unexpected deaths). For death investigations that require examination of the decedent remains, the OME is required to recover the remains from the location of death and transport them to the OME facility.
On November 2, 2010, the Commissioners Court approved an interlocal agreement (ILA) with the University of Texas Southwestern Medical Center (UTSW) to provide body transport services for the OME. Prior to this, body transport vendor services were procured through a bid process. During FY09 and FYlO, UTSW was the selected low compliant bidder for this service. Based on a substantial improvement in the quality of decedent transport service during that contract period, the Court approved an OME recommendation to execute an ILA with UTSW to continue as the decedent transport service provider for FYI!. On October 4,2011, the Court approved a renewal of the ILA for FY2012.
The purpose of this briefing is to sunnnarize key elements of a proposed renewal ILA (see Attachment A) and to provide a recommendation regarding Court approval of the updated ILA with UTSW for decedent transport services.
ILA Service Terms
The service requirements included in the renewal ILA are unchanged from the prior agreements.
UTSW is required to have two vehicles with two staff members per vehicle available 2417 for OME service, and must provide all other equipment necessary to perform transport services (e.g., mobile communication devices, body cots). On occasion, two staff members are not sufficient to make a removal, and UTSW provides extra staff for those removals at no additional cost to the County. The
September 12, 2012 ILA with UTSW for Decedent Transport Page 2
38
ILA also allows UTSW, with prior OME approval, to make removals from institutional locations with one transport staff member instead of the standard two-person crew, The ILA again includes a fortyfive minute response time and continues the various financial penalties that may be invoked for delayed arrival at a transport assignment
Impact on Operations
Based on UTSW performance of body transport services for the past four years, we anticipate that renewal of the ILA will have a positive impact on department operations by 1) facilitating timely retrieval and delivery of decedents in an acceptable manner; 2) providing decedent removal and transport service that reflects appropriate respect for decedent families and other service providers; and 3) minimizing the diversion oflimited staff resources to address decedent transport service problems,
Fiscal Impact
The proposed standard transport reimbursement amount is $140, a $15 increase over the current rate of $125. UTSW has requested the increased amount on standard transports to provide cost recovery and ensure appropriate staffing levels to meet contract requirements. The rates for one-person crew removals, transport of large non-human remains, and the per mile rate for transport assignment outside of Dallas County remain unchanged. The differential charges listed in prior agreements for three and four person crews have been removed from the FY2013 ILA, since UTSW staffs oversize/difficult removals at the standard two-person crew rate.
The budgeted service volume for FY2013 is 44 transports per week, with a total estimated transport cost of $286,000. Based on an unchanged volume estimate and the new rate, the revised FY2013 cost projection for decedent transport is $320,000.
FY2012 expenditures to date for decedent transport total approximately $268,000, with a projected fiscal year total cost of $279,000.
Project Term
The term of the updated ILA is October 1,2012 through September 30, 2013.
The conditions of the agreement are the same as the prior lLA approved by the Court with the exception of the term and reimbursement rates discussed above. UTSW legal and contract management staff have reviewed and approved the revised ILA. The Civil Division of the District Attorney's Office has reviewed the proposed ILA and approved it as to form.
September 12, 2012 ILA with UTSW for Decedent Transport Page 3
Strategic Plan Compliance
39
Approval of the renewal ILA with UTSW is within the scope of Vision 1 regarding interagency partnership and collaboration and consistent with Strategy 1.3 regarding sound, financially responsible and accountable governance
Recommendation
The Southwestern Institute of Forensic Sciences recommends that the Commissioners Court approve the updated interlocal agreement with the University of Texas Southwestern Medical Center for decedent transport services and that the County Judge be authorized to execute necessary documents on behalf of Dallas County.
xc: Claudia Yellott, Supervisor, Willed Body Program Ruth Price, Contracts Specialist, UT Southwestern Melanie Barton, Assistant District Attorney, Civil Division Steven Kurtz. Chief Medicolegal Death Investigator Charles Reed, Budget & Policy Analyst, Dallas County
STATE OF TEXAS § §
COUNTY OF DALLAS §
40
INTERLOCAL AGREEMENT Between
DALLAS COUNTY And
UT Southwestern Contract Id. 2013 * 300075
ATTACHMENT A
UNIVERSITY OF TEXAS SOUTHWESTERN MEDICAL CENTER AT DALLAS For
TRANSPORT OF DECEDENTS
WHEREAS, the County of Dallas, a governmental entity, hereinafter called "County" and located at 411 Elm Street, Dallas, Texas 75202 in Dallas County, Texas, wishes to enter into an Interlocal Agreement (ILA) with The University of Texas Southwestern Medical Center, hereinafter called "Medical Center", a State agency located at 5323 Harry Hines Blvd., Dallas, Texas, 75390 in Dallas County, Texas for removal and transport of decedent remains on behalf of the Dallas County Office of the Medical Examiner; and
WHEREAS, Section 49.25 of the Texas Code of Criminal Procedure allows the County Commissioners Court to establish and provide for the maintenance of the office of the medical examiner and sets forth the types of cases requiring an inquest by the medical examiner; and
WHEREAS, Section 791.01 1 (C)(2) of the Texas Govermnent Code permits agreements between local governments and state agencies to provide a governmental function or service that each party to the contract is authorized to perform individually.
NOW, THEREFORE, THIS ILA IS hereby made and entered into by and between Medical Center and County upon and for the mutual consideration stated herein:
I. GENERAL SERVICE REQUIREMENTS
Medical Center must be available for decedent removal and transport assigmnent and/or other specified service twenty-four (24) hours a day, seven (7) days a week, three hundred sixty-five (365) days per year upon request by the Office of the Medical Examiner, hereinafter referred to as OME. Medical Center is solely responsible for obtaining any license, permit, equipment, etc. necessary to operate a transport service.
Medical Center must have a minimum of two vehicles and two crews available for OME transport assigmnent at all times. Standard transports require two crew members per transport vehicle. Medical Center personnel on OME transport assigmnent must be pre-approved by the OME. A criminal history/security check will be performed on all Medical Center personnel utilized for transport assignments. The OME reserves the right to approve/disapprove Medical Center persomlel for OME service. Medical Center must provide the OME with a copy of current valid driver license or identification card issued by the State of Texas for criminal history/security check of all transport personnel. No personnel under the age of eighteen (18) are eligible for transport assigmnents. Non-approved personnel or visitors are not permitted on OME transport assignments.
41 UT Southwestern Contract Id. 2013 - 300075
Medical Center personnel on OME transport assignment mnst adhere to a dress code approved by the OME. Medical Center personnel on OME transport assignment will not represent themselves as OME personnel and shall not discuss OME case matters with decedent family members, news media, law enforcement personnel, hospital personnel, or others. Photo identification badges must be prominently displayed (on shirt collar or pocket) at all times by Medical Center personnel while on OME assignment. All expense related to the photo identification badges will be borne by Medical Center.
Medical Center must dispatch vehicles and personnel immediately on receipt of transport assignment from the OME. The OME typically will notify the Medical Center of transport assignments via telephone, and Medical Center's dispatch is required to maintain 24 hour a day telephone contact with the OME. OME staff must be notified immediately of any interruption of contact with OME (i.e., telephone system failure). In the event that transport assignments exceed the capacity of both vehicles and crews, the OME will establish transport priority.
Medical Center will transport only one body per trip unless specific approval is given by the OME to transport multiple bodies at one time. The OME reserves the right to refuse simultaneous transport of mUltiple bodies. Medical Center will transport the body directly to OME facility unless directed otherwise by OME staff.
Medical Center personnel are solely responsible for accomplishing all phases of body removal including tagging bodies, removal, transport, delivery of the remains to the OME facility, and provision of a "trip ticket" documenting the service. Medical Center personnel may not rely on the assistance of law enforcement, emergency service or OME personnel at the death scene to fulfill the scope of service and work as required in the bid specifications. Medical Center personnel on OME transport assignment must be courteous and respectful of both the body and family members at all times. Loud, boisterous or rude behavior is not appropriate at any time during the transport of a body.
For oversize decedents (300 lbs plus), the OME may authorize a three or four person crew for the removal, instead of the standard two person crew. Prior authorization by OME staff is required to receive reimbursement for use of additional crew members.
II. SERVICE VEHICLES
Medical Center vehicles must have all licenses, permits and insurance required by law, and must meet standards established by the OME for appearance and utility. In general, vehicles must be safe, be in good and sound working condition (e.g., painted, no significant body damage) and provide security and privacy. Only vehicles with an appropriate interior arrangement, as determined by the OME, will be permitted to perfonn simultaneous multiple body transport.
Medical Center staff must have routine mobile communication ability (from Medical Center dispatch to OME). Medical Center may be supplied two way radios by OME for use in emergency situations such as mass disasters.
2
42 UT Southwestern Contract Jd. 2013 ~ 300075
Vehicles also should be equipped with vendor/Medical Center supplied items necessary for transport assignment: body cots, clean sheets, cot covers, Medical Center body identification tags, evidence pouches for pharmaceutical and a minimum of two body bags (body bags and pharmaceutical evidence pouches provided to the Medical Center by the OME). The OME will return Medical Center soiled linen/sheets on a weekly basis (or as mutually agreed) for replenishing inventory.
III. RESPONSE TIME
Medical Center must be on-site and ready for pick-up at the designated transport assignment location(s) within forty-five (45) minutes of dispatch time as recorded by OME. Failure to comply with the response time requirements stated above may result in monetary deduction from Medical Center invoice for payment per transport assignment as stated in the bid specifications. The OME will consider mitigating circumstances (e.g., weather and traffic conditions, death scene location) that adversely impact Medical Center response time.
IV. SPECIAL REQUIREMENTS
On occasion, the OME will receive additional information subsequent to a death call and will contact the Medical Center to "disregard" the dispatch assignment. Disregards will be reimbursed at the standard rate.
Medical Center will be required on occasion to transport oversized decedents to the OME. Loading direction shonld be obtained from the OME prior to transport, including approval of additional transport crew members.
Medical Center will be required on occasion to transport animal remains to the OME as part of an OME inquest. Loading direction should be obtained from the OME prior to transport, including approval of additional transport costs.
Medical Center will be allowed, with prior approval from the OME, to make removals from institutional locations using one transport crew member instead of the standard two person crew.
The OME will have a limited number of special circumstance occasions where body transport will be required outside of Dallas County. Mileage outside of Dallas County will be reimbursed at the contract rate.
V. TRAINING
The County agrees to provide the Medical Center with training and documentation regarding specific procedures for OME decedent removals. This training will include instruction for scene reporting procedures by Medical Center transport crews, evidence handling process, interaction with law enforcement and other persons present at the death scene, and related information.
3
43 UT Southwestern Contract Id. 2013 ·300075
VI. COMPENSATION
The County agrees to pay the Medical Center in accordance with the following: Standard removal and transport to the OME: $140.00 One-person crew removal and transport: 62.50 Transport oflarge, non-human remains: 125.00 Per mile rate for transport assignment outside Dallas County: .75/per mile
Invoices shall be sent to the OME, and the County shall pay the Medical Center within thirty (30) days of receipt of an invoice in a form approved by the County. Medical Center agrees that a temporary delay in making payments due to County's accounting and disbursement procedures shall not place the County in default of this ILA and shall not render the County liable for interest or penalties, provided such delay shall not exceed thirty (30) calendar days after its due date. Any payment not made within thirty (30) calendar days of its due date shall bear interest in accordance with Chapter 2251 of the Texas Government Code.
Failure to comply with the stated forty-five minute response time may result in the following monetary deductions from Medical Center invoice for payment per transport assignment: 01 - 15 minutes late $ 15.00; 16 - 30 minutes late $ 20.00; 31+ minutes late $ 30.00
VII.
The Term of this ILA shall commence on October 1, 2012 through September 30, 2013 Either party may terminate the ILA upon thirty (30) days advance written notice to the other party or upon mutual consent. This ILA may be annually renewed upon mutual written agreement.
VIII.
County and Medical Center agree and acknowledge that each entity is not an agent of the other entity and that each entity is responsible for its own acts, forbearance, negligence and deeds, and for those of its agents or employees in conjunction with this ILA, to the extent allowed by Texas law.
IX. Any notice or certification required or permitted to be delivered under this ILA shall be deemed to have been given when personally delivered, or if mailed, seventy-two (72) hours after deposit of the same in the United States Mail, postage prepaid, certified, or registered, return receipt requested, properly addressed to the contact person shown at the respective addresses set forth below, or at such other addresses as shall be specified by written notice delivered in accordance herewith:
Dallas County: Jeffrey Barnard, Director Southwestern Institute of Forensic Sciences 2355 N. Stemmons Frwy Dallas, TX 75207
4
Medical Center: Arnim Dontes, Exec. VP Business Affairs Univ. TX Southwestern Medical Clr. 5323 Harry Hines Blvd. Dallas, TX 75390
X.
44 UT Southwestern Contract rd. 2013 ~ 300075
Copy To: Shawn Cohenour, Director Univ. TX Southwestern Medical CtL Office of Contracts Management 5323 Harry Hines Blvd. Dallas, Texas 75390
BINDING AGREEMENT: AUTHORITY: PARTIES BOUND. This ILA has been duly executed and delivered by both parties and constitutes a legal, valid and binding obligation ofthe parties. Each person executing this ILA on behalf of each party represents and warrants that they have full right and authority to enter into this ILA.
AMENDMENT. This ILA may not be amended except in a written instrument specifically referring to this ILA and signed by the parties hereto.
APPLICABLE LAW. This ILA shall be expressly subject to County's Sovereign Immunity, Title 5 of the Texas Civil Practices and Remedies Code and all applicable federal and state laws. This ILA shall be governed by and construed in accordance with the laws of the State of Texas and venue of any legal action filcd by either Medical Center or County shall be in Dallas County, Texas.
SEVERABILITY. In the event that one or more of the provisions contained in the ILA shall for any reason be held to be invalid, illegal or unenforceable in any respect, such invalidity, illegality or unenforceability of the ILA shall be construed as if such invalid, illegal or unenforceable provision had never been contained herein, and shall not affect the remaining provisions of this ILA, which shall remain in full force and effect.
5
DT Southwestern Contract Id. 2013 "300075
County has executed this ILA for Decedent Transport pursuant to its Commissioners Court
Order No.
_________ 2012.
COUNTY OF DALLAS, TEXAS
BY: Clay Lewis Jenkins County Judge
RECOMMENDED:
BY: Jeffrey J. Barnard, M.D. SWIFS Director
* APPROVED AS TO FORM:
CRAIG W A TKlNS
approved on the
THE UNIVERSITY OF TEXAS SOUTHWESTER~ MEDICAL CENTER
Arnim Dontes
day
Executive Vice President for Business Affairs
DALLAS COUNTY DISTRICT ATTORNEY
BY: Melanie Barton Assistant District Attorney
of
*By law, the District Attorney's Office may only advise or approve contracts or agreements or legal documents on behalf of its clients. It may not advise or approve a contract or agreement or legal document on behalf of other parties. OUf review of this document was conducted solely from the legal perspective of our client. Our approval of this document was offered solely for the benefit of our client. Other parties should not rely on this approval, and should seek review and approval by their own respective attorney(s).
6
OFFICE OF THE DIRECTOR
September 11, 2012
40
Dallas County Southwestern Institute of Forensic Sciences
at Dallas
TO: Commissioners Court
5230 Southwestern Medical Ave
Dallas, Texas 75235 Phone: 2J4.920.5900
N
""tl :x ~
THROUGH: Jeffrey J. Barnard, M.D., Director and Chief Medical Examiner 91;$ c.n <:e
'~I/-Iz.. Oillt rV
FROM: Cathy Causey Self, Forensic Operations AdministratorCw/1- Jl·
SUBJECT: City of Austin Amendment No.5 to Interlocal Agreement for FY2013 Forensic Laboratory Services
Background
The Institute of Forensic Sciences Criminal Investigation Laboratory (CIL) performs forensic analyses for the City of Austin Police Department (City) on a fee for service basis. To date, most of the work performed has been selected toxicology testing for driving while intoxicated cases.
On June 17, 2008, the Court approved an Interlocal Agreement (ILA) between the City and Dallas County for forensic laboratory services (see Attachment A). On November 18, 2008, the Court approved Amendment No.1 to the ILA , on September 8, 2009 the Court approved Amendment No.2, on October 5, 2010, the Court approved Amendment No.3, and on October 11, 2011 Amendment No.4 was approved. The amendments enabled continued service provision during FY09 through FYI2. The City now is requesting execution of a fifth amendment (see AttacInnent B) to the ILA to permit continued utilization of CIL services by the City for FY20 13.
The purpose of this briefmg is to summarize the conditions of the agreement and the changes imposed by the amendment, and to request approval of Amendment No. 5 to the ILA for the provision of forensic laboratory services to the City.
Impact on Operations
The ILA Description of Work statement calls for the provision of various analytical services, including physical evidence analyses, toxicological analyses, and "other similar forensic analytical services". The description of work is consistent with the services that currently are provided to the City by the CIL.
The amendment proposes no changes in the scope of work. Therefore, execution of the amendment to the ILA agreement will not result in any operational changes for the CIL.
City of Austin Amendment No.4 to ILA Briefing September 11,2012 Page 2
Fiscal Impact
47
The Payment section of the ILA calls for payment in accordance with the approved Institute fee schedule following completion of work by the CIL and receipt of an invoice. The Payment section also includes a requirement that the County provide 30 days advance written notice of any changes in the fee schedule related to services received by the City. Total payments during the extended contract term are limited to $60,000.
During FY08, the City incurred $9,781 in charges under this agreement. In FY09, $15,061 was spent, $27,840 in FYIO, and in FYII, $27,331 was expended. During FY2012 to date, the City has spent approximately $29,418 for services provided by the CIL. The City agrees in the ILA that the contract payment cap does not relieve the City of the obligation to pay for services provided by the CIL at the City's request.
The amendment increases the total contract amount by $60.000 for the new term (FY20 13).
Contract Term
The original ILA term was October I, 2007 through September 30, 2008. Amendment No.5 exercises a fifth extension option for the ILA and makes the new term October I, 2012 to September 30, 2013.
Legal Issues
The proposed amendment makes no change to the content and conditions of the original ILA other than the funding increase and term change discussed above.
The District Attorney Civil Division has reviewed and approved the agreement and the amendment as to form.
Strategic Plan Compliance
The proposed agreement is consistent with strategies contained in Vision 1 regarding interagency partnership and collaboration and identification of revenue opportunities for financially responsible governance.
Recommendation
The Institute of Forensic Sciences recommends approval of Amendment No, 5 to the ILA with the City of Austin for the provision of forensic laboratory services and that the County Judge be authorized to sign necessary related documents on behalf of Dallas County.
AttacIunents
xc: Bea Washington) Contract Compliance Specialist, City of Austin Denika Caruthers, Assistant District Attorney, District Attorney Civil Division Elizabeth Todd, Ph.D., Chief, Forensic Chemistry
4t:3
it( ~u.Q!J«1itr 8 1172
ORDER NO: _____ _
ATTACHMENT A
!
/ I
DATE: JUNE 17, 2008
STATE OF TEXAS §
COUNTY OF DALLAS §
BE IT REMEMBERED at a regular meeting of Commissioners Court of Dallas County, Texas, held on the 17th day of June , 2008, on motion made by
-::":J0'f'hn",-,;-,W",i,::l",e~y-,,-P,,,r::;.ic:::e,,-;-, -,C,:,o::;rnm=.--=.D::;.is=-t=r:..:i:.:C:..:t:.--=-No=.-'.3_, and seconded by Mike Cantrell, Comm. District No. 2,the following Order was adopted;
WHEREAS, the Commissioners Court was briefed on June 10, 2008 by the Institute of Forensic Sciences regarding an Interlocal Agreement (lLA) between the City of Austin and Dallas County for forensic laboratory services provided by the Criminal Investigation Laboratory utilized by the Austin Police Department; and
WHEREAS, the proposed ILA calls for the provision of various forensic analytical services that are consistent with tlle services currently provided to the City of Austin Police Department by the Crirninal Investigation Laboratory; and
WHEREAS, payment for th.e provjsion.of forensic laboratory services will be in accordance with the Institute of Forensic Sciences fee schedule approved by theCommissioh.ers Court, with a reqnirement of 30 days advance written notice of any changes to the fee schedulel:hat impact services received by the City; and
WHEREAS, the proposed ILA is compliant with the Dallas Coumy StrategiC Plan by virtue of its support of Vision 1 regarding interagency partnership and collaboration and idemification of revenue opportunities for financially responsible governance; and
WHEREAS, the term of the lLA is October 1, 2007 through September 30, 2008;
IT IS THEREFORE ORDERED, ADJUDGED, AND DECREED that the Dallas Coumy Commissioners Court approves the attached Interlocal Agreement between Dallas County and the City of Austin and authorizes the County Judge to sign the agreement on behalf of Dallas County.
DONE IN OPEN COURT this the _J.1J..7tDh"-____ _
--~--
. ounty Judge Ma
~---'--~ (C) (/-~/~a:::-c
J OM Wile Pr?;'District #3
/' \. / Recommendetly; ~f:+L~t'71-~';-:;~ 7.·
rd, M.D., DIrector
STATE OF TEXAS
COUNTY OF DALLAS
§ § §
49
INTERLOCAL AGREEMENT FOR
FORENSIC LABORATORY SERVICES
THIS CONTRACT is made and entered into by and between the CITY OF AUSTIN, a municipal corporation, located in Austin, Texas, hereinafter called "City," and DALLAS COUNTY, acting through the SOUTHWESTERN INSTITUTE OF FORENSIC SCIENCES AT DALLAS, hereinafter called "County."
1. DESCRIPTION OF WORK
For the consideration hereinafter agreed to be paid to County by City, County shall provide toxicological, environmental and physical evidence analysis and other similar forensic analytical services for the Austin PoliceDepartment, in the City of Austin and County of Travis, Texas, hereinafter called the "S.ervices." The Services are to be perfonned in a competent and professional manner, and perfonnance shall confonn to applicable proressional standards forthe Services. County shall also perform the Services ina timely manner, consistent with the ne"ds of the Austin Police Department.
2. PAYMENT FOR SERVICES
Upon completion of periodic work by County, City will pay County in accordance with the approved County fee schedule for the Services (Exhibit A), within 30 days of receipt of County's invoices. . Each invoice shall be accompanied by sufficient backup information as required by City. However, total payments by City during the term of this Contract shall not exceed $60.;0.0.0 (60. thousand and noll 0.0 .dollars) which amount (or a portion theFeofwhere the Contract term may exceed one year) is hereby set aside and segregated for the purpose of paying for the Services in accordance with the terms of this Contract. City shall be solely responsible for monitoring payments under this Agreement, and the not-to exceed amount shall not relieve City of its obligation to pay County for Services rendered at City's request. County shall provide at least thirty (30.) days advance written notice of any changes in the fee schedule for any of the Services performed under this Agreement. Any changes in the fee schedule that require an increase in the not-to-exceed.amount of funding for this Agreement shallbeappmvfld by written supplemental agreement approved by both the Austin City Council an.d the Dallas County Commissioners Court.
3. TERM
The term of this Agreenlent shall commence on October 1, 20.07 and terminate on September 30., 20.08, unless sooner terminated in accordance with the provisions of this Agreement. City may annually renew this Agreement on the same terms and conditions, subject to mutual agreement between City and County regarding the fee schedule for each year of !be Agreement.
4. INDEPENDENT CONTRACTOR
County's status in the performance of the Services under this Agreement is that of illl independent contractor and not an agent, employee, or representative of City. County and its
aU
officers and employees shall exercise independent judgment in performing duties and responsibilities under this Contract, and County is solely responsible for setting working hours, scheduling or prioritizing the work flow and determining h)w the work is to be performed, No term or provision of this Agreement or act of County in the performance of this Agreement shall be construed as making County or its officers or employees the agents or employees of City, or making any of County's employees eligible for the fringe benefits, such as retirement, insnrance and worker's compensation, which City provides its own employees,
5, RESPONSIBILITY
Both City and County each agree to be responsible for their own negligent acts, eITors or omissions in the performance of this Agreement, without waiviog any govermnental immunity available tD either City or County under Texas law and without waiving any defenses of either party under Texas law, The provisions oElhis paragraph are solely for the benefit of the parties hereto and not intended to create or grant any rights, contractual or otherWise, to any other person or entity,
6. TERMINA TlON
In the event of a non-appropriation of funding by the City Council, the City may terminate this Agreement in whole or in part by giving at least ten (10) days prior written notice therrof to County, with the understanding that all performance under this Agreement shall cease UpDn the date specified io such notice,
Either party may terminate this Agreement in whDle or in part for their convenience upon thirty (30) days advance written notice to the other party, City will compensate County in accordance with the terrns of this Agreement for all Services performed for the benentof City prior to the effective date of such notice,
7, NOTICES
Any notice, paymel1t, statement, or demand required or peMitted to be given hereunder by either party to the other may be effected by personal delivery in writing or by mail, postage prepaid, Mailed notices shall be addressed ro the parties at the addresses appearing below, but each party may change its address by written notice in accordance with this section, Mailed notices shall be deemed communicated as of three days after mailing,
If intended for City, to:
Art Acevedo Chief of Police City of Austin 715 E, gth Street Austin, Texas 78701
[f intended for County, to:
Jeffrey J. Barnard, M.D. Director and Chief Medical Examiner Dallas County
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Soutbwestem Institute of Forensic Sciences .t Dallas 5230 Medical Ce.nter Drive Dallas, Texas 75235-7710
8. RIGHT OF REVIEW AND AUDIT
City may review any and all of me services performed by County under this Agreement. City is hereby granted the rigbt to audit, at City's election, all of County's records and bilfings relating to me perfonnance of this Agreement. County agrees to retain sucb records for a minimum of three (3) years following completion of this Agreement.
9. APPLICABLE LAWS
The parties agree that this Agreement is an interlocal agreement entered into by and between the parties purSUllllt to the authority of Chapter 791 of the Texas Government Code. The parties hereto agree that this Agreement is ror the performance of governmental functions and services as described in Chapter 791. This Agreement is. entered into subject to the Charter and ordinances of Dallas County, as amended, lllld all applicable state and federal Laws.
10. SOVEREIGN [MMUNITY
The parties to this Agreement agree that each shall be responsible for tileir own negligent acts or ommissions or other tortious conduct in the course of the pertormllllce of this Agreement, without waiving any sovereign or governmental immunity avaiJable to any party under Texas law and without waiving lllly available defenses under Texas law. Nothing in this paragraph shaH be construed to create or grllllt lllly rigbts, contractual or otherwise, in or to any third persons or entities.
11. GOVERNING LAW & VENUE
TI,is Agreement shall be governed by and construed in accordance wim the laws and court decisions of the State of Texas. The obligations of the parties to this Agreement will be performed in Dallas, Dallas County, Texas, and jf legal action is necessary in cOlmection therewith, exclusive venue shall lie in Dallas County, Texas.
12. LEGAL CONSTRUCTION
In case anyone or more of the provisions contained in this Agreement shaH for any reason be held to be invalid, illegal, or unenforceable in any respect, suchillvalidity, illegality, or unenforceability shall not affect any other provision thereof and this Agreement shall be considered as if such invalid, illegal, or unenforceable provision had never been contained in this Agreement
)3, COUNTERPARTS
This Agreement may be executed in any number of counterparts, each of which shall be deemed an original and constitute one and the same instrument.
14. CAPTIONS
The captions to the various clauses of this AI,'Teement are for informational purposes only and shall not alter the substance of the terms and conditions of this Agreement.
15, ENTIRE AGREEMENT
This Agreement embodies the complete understanding and agreement of the parties hereto, superseding all oral or written previous and contemporary agreements between the parties relating to matiers contained in this Agreement. Except as otherwise provided herein, this Agreement cannot be modified without written supplemental agreement of the parties,
EXECUTED this theJ~&!!- day of Fq))fut~ , 2008, by City, signing by and through its City Manager, duly authorized to execute s e by Resolution No, '/5 , adopted by the City Council on FeJ)(L(.IlX& J. ~ , 2008, and by County, acting through its duly authorized officials pursuant to unty Commissioners' Court Order No. 2008-1172, dated
June 17 , 2008,
APPROVED AS TO FORM: ************ City Attorney
APPROVED AS TO FORM:
BY: Assistant District Attorney Chief, Civil Division
CITY OF AUSTIN ************* City Manager
DALLAS COUNTY, acting through the SOUTHWESTERN INSTITUTE OF FORENSIC SCIENCES AT DALLAS
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Amendment No.5 of
Contract No. NI080000014 for
ATTACHMENT B
Toxicological, Environmental, and Physical Evidence Analysis for APD between
Dallas County and the
City of Austin
1.0 The City hereby exercises the extension option for the above-referenced contract. Effective October 1, 2012, the term for the extension option will be October 1, 2012 to September 30, 2013.
2.0 The total contract amount is increased by $60,000.00 for the extension option period. The total Contract authorization is recapped below:
Term Action Amount Total Contract Amount Basic Term: 10101/07 - 09/30108 $60,000.00 $60,000.00 Amendment NO.1: Option 1 10101/08 - 09/30109 $60,000.00 $120,000.00 Amendment No.2: Option 2 10101/09 - 09/30/10 $60,000.00 $180,000.00 Amendment NO.3: Option 3 10101/10 - 09/30/11 $60,000.00 $240,000.00 Amendment NO.4: Option 4 10101/11-09/30/12 $60,000.00 $300,000.00 Amendment NO.5: Option 5 10101/12 - 09/30/13 $60,000.00 $360,000.00
3.0 MBEIWBE goals were not established for this contract.
4.0 By signing this Amendment the Contractor certifies that the Contractor and its principals are not currently suspended or debarred from doing business with the Federal Government, as indicated by the General Services Administration (GSA) List of Parties Excluded from Federal Procurement and Non-Procurement Programs, the State of Texas, or the City of Austin.
5.0 All other terms and conditions remain the same.
BY THE SIGNATURES affixed below, this Amendment is hereby incorporated into and made a part of the abovereferenced contract.
By:
By:
Dallas County
County Judge
CITY OF AUSTIN:
Byron Johnson Purchasing Officer
APPROVED AS TO FORM:
By: NI A =n ______________ _
Law Department
CITY OF AUSTIN:
By uNu/AL-______________ __
Assistant City Manager
OFFICE OF THE DIRECTOR
September 12, 2012
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Dallas County Southwestern Institute of Forensic Sciences
at Dallas
TO: Commissioners Court
THROUGH: Jeffrey J, Barnard, M,D" Director and Chief Medical Examiner
FROM: riA IV
Cathy Causey Self, Forensic Operations Administrator ~ ~.I'L'
2355 N. Stemmons Frwy. Dallas, Texas 75207 Phone: 214.920.5900
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SUBJECT: Interloeal Agreement with the University of Texas Southwestern Medical Center for Indigent Dispositions
Background
The Office of the Medical Examiner (OME) is tasked with carrying out the County's statutory responsibility for the disposition of "pauper" and unclaimed decedents, The indigent and unclaimed decedent policy was initially approved by the Commissioners Court on November 25, 2004, and modified on April 25, 2006, Policy implementation includes execution of an interlocal agreement (ILA) with the University of Texas Southwestern Medical Center (UTSW) for acceptance and disposition of identified adult decedents, The last substantive amendment to the ILA with UTSW was on April 25, 2006 to limit acceptable decedents to those weighing 600 pounds or less and adding a differential amount ($l/pound) to the standard reil'"lbl.1rsement of $300 fordecedents weighing more than 250 pounds, The current ILA expires on September 30,2012,
The purpose of this briefing is to present a renewal [LA with UTSW (see Attachment A) for indigent and unclaimed decedent dispositions and to provide at recommendation regarding Court approval of the agreement.
General Process and Volume Discussion
The County's responsibility for disposition of indigent and unclaimed decedents is discussed in the Tex, Health and Safety Code Ann, §694,002 and §711.002, State law allows the Commissioners Court to determine the manner of disposition for unclaimed and indigent decedents, The duty of the OME (on behalf of the County) to deliver bodies not claimed for burial or a body required to be buried at public expense to the SAB is stated in Tex, Health and Safety Code Ann, §691.023, as is the requirement for the County to bear the cost of disposition for decedents not utilized by the SAB for the advancement of medical sciences,
The OME delivers all identified, adult decedents weighing 600 pounds or less to the SAB, If the body is not used by the SAB for the advancement of mewcal sciences, then the County reimburses UTSW for the cost of body processing and disposition by cremation, Cremated remains are returned to the SAB and placed in a memorial garden at UT Southwestern Medical Center. At this time, the SAB does not accept unclaimed infant or child remains as a matter of policy, and those remains are cremated by a vendor using the standard requisition and purchase OJpder process,
I
I
UTSW/SAB FY2013 ILA Briefing September 12, 2012 Page 2
55
All unidentified remains are buried (per statutory requirements) in a vendor cemetery. Decedents weighing more than 600 pounds are als() buried, due to cremation chamber size limitations. Unidentified and oversize decedent burials are conducted by a vendor selected using the standard Purchasing requisition and purchase order process.
The number of indigent and unclaimed decedents processed by the OME is shown below along with the rationale for the County disposition:
Number of FY03 FY04 FY05 FY06 FY07 FY08 FY09 I FYI0 FYll FY12 Dispositions by through
Type 8.10.12
Adults 150 130 203 178 144 144 141 127 153 129 . Infants/children 77 46 60 29 52 39 42 30 39 20
Unidentified 9 II 9 8 4 6 2 6 9 3 Total 236 187 272 , 215 200 189 185 163 201 152
Reason for I FY031 FY04 FY05 I FY06 I FY07 FY08 FY09 FY10 FYll I FY12 County tJhrough through
I ' I 3.3.06* i 08.10.12
Disposition Stated lack of 143 110 158 49 125 103 125 98 100 84
financial resources
No/unable to 70 58 82 43 68 59 54 I
39 66 49 locate next of
kin !
Next of kin 14 8 23 16 3 21 4 10 26 16 . refused to claim
i
body Unidentified I 9 I II 9 5 4 6 2 6 9 3
Total 236 I 187 272 113 200 189 185 163 201 152 , FY06 Reason for County DIspOSItion data mcomplete due to stafftmnover
Legal Issues
The conditions of the agreement are the same as the prior ILA approved by the Court with the exception of the agreement term, which was revised for FY2013. The ILA has been reviewed and approved by UTSW and the District Attorney Civil Division.
UTSW/SAB FY2013 ILA Briefing September 12, 2012 Page 3
Fiscal Impact
bb
The FY2013 budget for the Office of tbe Medical Examiner includes approximately $70,000 for indigent/unclaimed decedent cremations, based on an estimated 200 adult cremations (175 standard and 25 oversize) and 60 infant cremations. Also included in the budget is $8,500 for unidentified and oversize decedent burial costs, Current year expenditures for indigent disposition are estimated to total $63,000.
Compared to our current cost of $975 for adult burials and $525 for infant burials (typically used for partial or skeletonized remains), utilization of the SAB and cremation as the disposition method for all identified, indigent/unclaimed decedents will save approximately $163,000 in direct costs during FY20!3.
Strategic Plan Compliance
Approval of the ILA with UTSW is within the scope of Vision 1 regarding interagency partnership and collaboration and consistent with Strategy 1.3 regarding sound, financially responsible and accountable governance.
Recommendation
The Institute of Forensic Sciences recommends that the Commissioners Court approve the renewal Interlocal Agreement with the University of Texas Southwestern Medical Center at Dallas and that the County Judge be authorized to sign the agreement on behalf of Dallas County.
xc; Claudia Yellott, Supervisor, Willed Body Program Ruth Price, Contracts Specialist, UT Southwestern Melanie Barton, Assistant District Attorney, Civil D!vision Sleven Kurtz, Chief Medicolegal Death Investigator
STATE OF TEXAS
COUNTY OF DALLAS
§ § §
57
INTERLOCAL AGREEMENT Between
DALLAS COUNTY And
Attachment A
UNIVERSITY OF TEXAS SOUTHWESTERN MEDICAL CENTER AT DALLAS For
DISPOSITION OF INDIGENT AND UNCLAIMED ADULT DECEDENTS
WHEREAS, the County of Dallas, a governmental entity, hereinafter called "County" and located at 411 Elm Street, Dallas, Texas 75202 in Dallas County, Texas, wishes to enter into an Interlocal Agreement (ILA) with The University of Texas Southwestern Medical Center at Dallas, hereinafter called "Medical Center", a State agency located at 5323 Harry Hines Blvd., Dallas, Texas, 75390 in Dallas County, Texas for disposition of indigent and unclaimed adUlt decedents that are not utilized for the advancement of medical science; and
WHEREAS, Section 694.002 of the Texas Health and Safety Code authorizes the County Commissioners Court to provide for the disposition of the body of a decedent pauper; and
WHEREAS, Section 791.011 (C)(2) of the Texas Government Code pennits agreements between local governments and state agencies to provide a governmental function or service that each party to the contract is authorized to perform individually.
NOW, THEREFORE, THIS ILA IS hereby made and entered into by and between Medical Center and County upon and for the mutual consideratiou stated herein:
I. Upon determination by the Dallas County Office of the Medical Examiner (OME), also known as the Southwestern Institute of Forensic Sciences (SWIFS), that the OME is in possession of an adult, identified dead body weighing 600 pounds or less, that is not claimed for burial or requires disposition at County expense, the OME will deliver the decedent to the Medical Center.
II. The Medical Center will accept the decedent delivered by the OME and process the decedent in compliance with applicable laws and established Texas State Anatomical Board policies and procedures for willed bodies, including disposition of any remains. All decedents, including, without limitation, decedents with infectious diseases, will be handled and boxed for cremation by County employees and not by Medical Center employees. County shall notify the Medical Center when any infectious disease cases are delivered by County to Medical Center.
III. If a body delivered by the OME to the Medical Center is not used for the advancement of medical science, the Medical Center will dispose of the body and the County agrees to pay the
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Medical Center Three Hundred and 001l 00 Dollars ($300.00) per body or cremation to reimburse the full cost of disposition of the body for decedents weighing up to 250 pounds. For decedents weighing more than 250 pounds, in addition to the cost of disposition as set forth in this section III, the County will pay an additional One and 00/100 Dollar ($1.00) per pound for every pound above 250 pounds.
IV. At the time that decedents are delivered to the Medical Center by the OME, the OME will notify the Medical Center if the OME were unable to locate the next of kin for those decedents. If the next of kin were not located prior to transfer of the decedent to the Medical Center, but who was subsequently located after the decedent has been processed by the Medical Center but have not been interred, the Medical Center will return the decedent cremains to the OME for delivery to the next of kin upon reasonable notice to the Medical Center. The Medical Center shall not be expected to return such decedent to the OME in any of the following circumstances: (I) the request for the decedent is received by the Medical Center more than ninety (90) days after its receipt of the decedent from the OME; or (2) the OME failed to notify the Medical Center that the next of kin had not been located at the time that the decedent was delivered to the Medical Center. The same reimbursement rate as set forth in section III of this ILA shall apply for any decedents that are provided to the OME according to this section IV.
V. The County agrees to pay the Medical Center for all decedent disposition costs approved by the OME. Invoices shall be sent to the OME, and the County shall pay the Medical Center within thirty (30) days of receipt of an invoice. Medical Center agrees that a temporary delay in making payments due to County's accounting and disbursement procedures shall not place the County in default of this ILA and shall not render the County liable for interest or penalties, provided such delay shall not exceed thirty (30) calendar days after its due date. Any payment not made within thirty (30) calendar days of its due date shall bear interest in accordance with Chapter 2251 of the Texas Government Code.
VI. The Term of this ILA shall commence on October 1, 2012 through September 30, 2013 Either party may terminate the ILA upon thirty (30) days advance written notice to the other party or upon mutual consent. This ILA may be mmually renewed upon mutual written agreement.
VII. County and Medical Center agree and acknowledge that each entity is not an agent of the other entity and that each entity is responsible for its own acts, forbearance, negligence and deeds, and for those of its agents or employees in conjunction with this ILA, to the extent allowed by Texas law.
VIII. Any notice or certification required or permitted to be delivered under this ILA shall be deemed to have been given when personally delivered, or if mailed, seventy-two (72) hours after deposit of the same in the United States Mail, postage prepaid, certified, or registered, return receipt requested, properly addressed to the contact person shown at the respective addresses set forth
2
59
below, or at such other addresses as shall be specified by written notice delivered in accordance herewith:
Dallas County: Jeffrey Barnard, Director Southwestern Institute of Forensic Sciences 2355 N. Stemmons Frwy Dallas, TX 75207
IX.
Medical Center: Arnim Dontes, Exec. VP Business Affairs Univ. TX Southwestern Medical Ctr. 5323 Harry Hines Blvd. Dallas, TX 75390
Copy To: Shawn Cohenour, Director Univ. TX Southwestern Medical Ctr. Office of Contracts Management 5323 Harry Hines Blvd. Dallas, Texas 75390
BINDING AGREEMENT: AUTHORITY: PARTIES BOUND. This ILA has been duly executed and delivered by both parties and constitutes a legal, valid and binding obligation of the parties. Each person executing this ILA on behalf of each party represents and warrants that they have full right and authority to enter into this ILA.
AMENDMENT. This ILA may not be amended except in a written instrument specifically referring to this ILA and signed by the parties hereto.
APPLICABLE LAW. This ILA shall be expressly subject to County's Sovereign Immunity, Title 5 of the Texas Civil Practices and Remedies Code and all applicable federal and state laws. This ILA shall be governed by and construed in accordance with the laws of the State of Texas and venue of any legal action filed by either Medical Center or County shall be in Dallas County, Texas.
SEVERABILITY. In the event that one or more of the provisions contained in the ILA shall for any reason be held to be invalid, illegal or unenforceable in any respect, such invalidity, illegality or unenforceability of the ILA shall be construed as if such invalid, illegal or unenforceable provision had never been contained herein, and shall not affect the remaining provisions of this ILA, which shall remain in full force and effect.
3
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County has executed this ILA for the disposition of indigent and unclaimed adult decedents
pursuant to its Commissioners Court Order No. _________ , approved on the
____ day of __________ 2012.
COUNTY OF DALLAS, TEXAS
BY: Clay Lewis Jenkins County Judge
RECOMMENDED:
BY: Jeffrey 1. Barnard, M.D. SWIFS Director
* APPROVED AS TO FORM:
CRAIG WATKINS DALLAS COUNTY DISTRICT ATTORNEY
BY: Melanie Barton Assistant District Attorney
THE UNIVERSITY OF TEXAS SOUTHWESTERN MEDICAL CENTER AT DALLAS
BY: Arnim Dontes Executive Vice President for Business Affairs
*By law, the District Attorney's Office may only advise or approve contracts or agreements or legal documents on behalf of its clients. It may not advise or approve a contract or agreement or legal document on behalf of other parties. Our review of this document was conducted solely from the legal perspective of our client. Our approval of this document was offered solely for the benefit of our client. Other parties should not rely on this approval, and should seek review and approval by their own respective attorney(s).
4
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DALLAS COUNTY TAX OFFICE JOHN R. AMES, eTA TAX ASSESSOR/COLLECIOR
N CAl f"1 -,a
I -J
-0
To:
From:
D"Ie, ,',cptclnbcr 18,2012
SniljcCl .. Auloa.genl. Sufhvare Cuntrac.t
BACKGROUND: Autoagent is a web based systc)]'1. designed to simplify 1.(;li\ payment processing from m()ng~'lgl.:
companies, banks, lenders, tax services, Ur:le companies and jnrge private prryers. There is no cost in
the Tax OHice or Dallas County
OPERA'[,]ONAL IlVIPACT:
This vv'ch (Ydsed system vvi II dinllna'te l1li.lllY dupl'lcate payments and overpayments, resuIt illg in (C.\V(T
refunds (u be processed by the Tax Office and !essen LinH.: spent on research (mel probkrn rc~ojuti()n
\-vid] Lax payers.
FJ?jANCIAL IMPACT: No!'l(~
SlRiTEC1C l'LAN)MPACT: This request SLlpporr:; sTrategy J ,] providing sound financially responsible ~mcl dccolllllahk governance by sll'camlining Da!l8.s County Je,partmcnLs for cUiciency and operations.
LEGAL !MPACT: The Agrctmem blS been reviev/ec1 by the Civil J)/\ 's oilice and round to he r-~lir and I~-lvorablc (0 the Tax Of!!e(' :Inc! D:dlw: ('ollnly
RECOMlVl.ENDATION: The Tax '/\ssc...,,,or/Colkctor rcquests '(he ~Ipprova! of tile. AutOGgenl Sui't\\'arc Contract.
:::l!::
.'
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DALLAS COUNTY OFFICE OF INFORMATION TECHNOLOGY
September 18,2012
To: Commissioners Court
Through: Stanley Victrum, CIO
From: Richard Ballard, Assistant IT Chief - Applications Support & Development
Subject: Personal Services Contract Extension for John Desanges
BACKGROUND On April 3, 2012, the Commissioners Court approved the Personal Services Contract with ARC (Austin Ribbon & Computer) for the services of John Desanges, Mainframe COBOL Developer to assist in the following tasks:
• Providing mainframe support and maintenance;
• Resolving technical problems;
• Assist with the IP Mainframe conversion efforts;
• Assist with the ACMS (Courts) Mainframe conversion efforts.
The Office of Information is requesting the Commissioners Court to approve the extension from September 28, 2012 through March 15,2013.
IMPACT ON OPERATION The Office ofInformation Technology believes that the resource added value and provided much needed assistance to the IT Applications Team.
FINANCIAL IMPACT The maximum amount to be paid through this extension is $128,640.00 and is the not-toexceed amount. Funds are available in the Major Technology Unallocated Reserve and are to be transferred to the Professional Services account (195.1090.05590).
LEGAL IMPACT The County Judge is required to sign the contract after approval by the Commissioners Court. The First Amendment has been sent to the District Attorney's Office, Civil Division for review.
509 Main SL, 6th Floor, Dallas, Texas 75202 (214) 653-6649
stanley. [email protected] (214) 653·6327 (fax)
63
STRATEGIC PLAN COMPLIANCE The resources provided by the Personal Services Vision 1 of the Dallas County Strategic Plan: interagency partnerships and collaboration.
RECOMMENDATION
Contract will support the initiatives Dallas County Government models
It is recommended that the Dallas County Commissioners Court authorize the tenn of the contract from September 28, 2012 through March 15,2013 at the not-to-exceed amount of $128,640.00, which is an additional amount of $64,320.00 above the original agreement amount.
Recommended by:
64
DALLAS COUNTY Office of Information Technology
September 18, 2012
TO: Commissioners Court
THROUGH: Stanley Victrum, Dallas County Chief Information Officer
FROM: Rodney Christian, Assistant Chief, IT Operations
SUBJECT: Contract for IBM Hardware and Software Maintenance
BACKGROUND
On June 19, 2012, the Commissioners Court approved Court order 2012-1047, authorizing the purchase of new server hardware to upgrade the Oracle processing environment in anticipation of the upcoming Oracle 12 upgrade. The amount approved in the Court Order was $366,079 and it included three years of pre-paid hardware and software maintenance priced at $30,131.92.
IBM has sent the attached Master Services Attachment for ServiceElite (contract AH6LGO) for the prepaid maintenance mentioned above.
The Office of Information Technology recommends that tile Dallas County Commissioners Court approve the Court Order authorizing the County Judge to sign the contract with IBM concerning pre-paid hardware and software maintenance.
IMPACT ON OPERATIONS
None
STRATEGIC PLAN COMPLIANCE
The purchase of the hardware and software maintenance is consistent with Strategy 1.4 of the County's strategic plan: Improve the Customer Experience by implementing Standards of Operation, Innovation and Technology.
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LEGAL CONSIDERATIONS
The Civil District Attorney's Office has reviewed the Master Services Attachment for ServiceElite.
FINANCIAL IMPACT
There is no additional cost to the County. All costs were addressed as part of the initial purchase.
RECOMMENDATION
The Office of Information Technology recommends that the Dallas County Commissioners Court approve the Court Order authorizing the County Judge to sign the contract with IBM concerning pre-paid hardware and software maintenance. There is no additional cost to the County.
Recommended by:
Page 2 of2
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Master Services Attachment for ServiceElite 1. Scope of Services
IBM wi!! provide you Services as described in this Attachment and, if applicable, its Statements of Work and Change Authorizations to support your hardware and software products (called "Eligible Machines", "Eligible Programs", and together "Eligible Products"). Services are available for Eligible Products normally used for business, professional, or trade purposes, rather than personal, family, or household purposes.
IBM will identify the Eligible Products, the Services that apply to them, and the Services transaction contract period in Schedules that reference this Attachment and any associated Statements of Work and Change Authorizations. Each Schedule wiJ! also identify the Specified Locations at which the Services will be provided, A Specified Location may be your entire information processing environment, or a portion thereof, which may be resident at multiple sites or a single building.
The specific terms regarding Eligible Machine Services and Eligible Program Services contained in this Attachment and its Statements of Work and Change Authorizations apply only when you have contracted for an associated Eligible Machine maintenance Service or Eligible Program support Service as specified in a Schedule.
2. Sales through IBM and IBM Business Partners
You may acquire Services through IBM or an IBM Business Partner, or their designee, authorized to resell IBM Services. IBM Business Partners establish the price and general business terms at which they market the IBM Services to you and they will communicate these directly to you for all transactions they initiate with you. However, IBM establishes the terms of each Service IBM provides and our general business responsibilities associated with these Services. Therefore, JBM will provide the Services as descr"lbed'ln th'ls Attachment and its associated Statements of Work and Change Authorizations (and their Schedules),
Whenever JBM is required to provide notification to you or you are required to provide notification to IBM, each of us also agrees to notify the applicable IBM Business Partner if one is engaged in the transaction.
In the event that you have contracted through an IBM Business Partner that is no longer able to offer IBM Services. for any reason, IBM will so notify you in writing. You may continue to receive the Services by instructing IBM (in writing) to transfer administration of the Services to either 1) another IBM Business Partner of your choice (who may require you to first execute one of their agreements) that is approved to offer you IBM Services, or 2) IBM under a standard direct marketing relationship that enables IBM to generate charges and invoiCing.
IBM is not responsible for 1) any actions of IBM Business Partners or their designees. 2) any additional obligations they have to you, or 3) any products or services that they supply to you under their agreements.
3. IBM Responsibilities
When you contract for an applicable Service, IBM agrees to dellver the Service in accordance with the tenns and responsibilities identified in the Service description set out in this Attachment or an associated Statement of Work or Change Authorization. For basic maintenance of IBM Machines, the Service description is set out in our Agreement (referenced in the Signature block below).
4. Your Responsibilities
When you contract for an applicable Serv'!ce, you agree:
1. to provide IBM with an inventory in which you identify an Eligible Products to be covered at each Specified location and to notify IBM whenever you move, add, or delete Eligible Products at an existing Specified Location or set up new Specified Locations;
2. that when an applicable Service includes IBM providing you with access codes to electronic diagnostic tools, information databases, or other Service dellvery facilities, you will limit the use of these to only those who are authorized to use them under your control and only in support of Eligible Products and Services identified in Schedules',
3, to provide IBM with the necessary information it requests to perform Services which are related to its provision of the Services to you and to notify IBM of any changes;
4. to pay any communications Charges associated with accessing these Services including but not limited to phone and '1Oternet connection charges, unless IBM specifies otherwise in wriling;
5. to use the information obtained under these Services only for the support of the information processing requirements within your Enterprise;
6 to securely erase from any Machine that you return to IBM for any reason all programs not provided by IBM with the Machine and data, including without iim!tation, the following: 1) information about identified or identifiable individuals or legal entities ("Personal Data") and 2) your confidential Of proprietary information and other data. If removing or deleting Personal Data is not possible. you agree to transform such information (e.g. by making it anonymous or encrypting it) so that it no longer qualifies as Personal Data under applicable law. You also agree to remove all monetary funds from Machines returned to IBM. IBM is not responsible for any funds, programs not provided by IBM with the Machine, or data contained in a Machine that you return to J8M. You acknOwledge that, to perform its responsibilifles, IBM may ship all or part of the Mach'lOe or "its software to other IBM or third party locations around the world, and you authorize IBM to do so; and
7. acknowledge that Services wiJi be performed on~site at your location, and off-site at IBM location(s. You also understand and acknowledge that IBM 'IS perm'ltted to use global resources (non~permanent res'ldents used locally and personnel in locations worldwide) for delivery of Services.
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5. Mutual Responsibilities
Each of us will comply with appllcable export and import laws and regulations, including those of the United States that prohibit or limit export of certain uses or to certain end users, and each of us will cooperate with the other by providing all necessary information to the other. as needed for compliance. Each of us shall provide the other with advance written notice prior to providing the other party with access to data requiring an export license.
6. Automatic Inventory Increase for Machine and Software Maintenance Services
If specified as a selected option in the Schedule, IBM will automatically increase the inventory count and associated Services at Specified Locations per the terms set out below.
OPTION #1 • MACHINE MAINTENANCE SERVICES
IBM wi!! automatically increase the inventory count and associated Machine maintenance Services whenever:
1, an Eligible IBM Machine is added to the inventory . .if the Machine is under warranty when added, maintenance Services will commence at warranty exit. If the Machine is not under warranty when added, maintenance Services will commence at the later of a) the date of installation or b) the previous yearly anniversary af the start of the transaction contract period, IBM Machines specifically excluded from coverage at transaction contract period start will remain outside the scope of this Section unless you request IBM add them during the transaction contract period, However, all Eligible IBM Machines added to your inventory during the transaction contract period will be included in the inventory count and receive maintenance Services as set out in this Section,
2, an Eligible non-JBM Machine, of the same type as other non-IBM Machines already covered at that Specified Location, is added to the inventory. Jfthe Machine is under warranty when added, maintenance Services wi!! commence at warranty exit. If the Machine is not under warranty when added, maintenance Services will commence at the later of a) the date of installation or b) the previous yearly anniversary of the start of the transaction contract period.
The maintenance Services that apply for these Machines will be the same as that which you are receiving for all other Eligible Machines of the same type at the Specified Location, unless agreed upon in writing by both parties.
Newly installed IBM Machines of the same type for which you have already selected Warranty Service Upgrade wi!! be added at date of actual installation and will be covered at the same Warranty Service Upgrade support level.
If at any time either of us requests a review of the invent<>ry count. each of us will provide reasonable cooperation to the other in updating the last formal inventory.
OPTION #2· SOFlWARE SERVICES
IBM will automatically increase the inventory count and associated software Services whenever an Eligible Program licensed for use on an Eligible IBM Machine is added to the inventory. The software maintenance Services that apply for these programs will be the same as that which you are receiving for all other copies of the Program licensed. for llse on Eligible IBM Machines of the same type at the Specified location.
These software Services wit! commence immediately up-on addition of the Eligible Program to the inventory except that for software maintenance Services, a) jf the Program is covered under the Agreement for Acquisition of Software Maintenance when added to the inventory. then software maintenance Services via ServiceElite will commence aft the expiration date of that support period, or b) jf the Program is not covered under the Agreement for Acquisition of Software Maintenance When added to the inventory, then software maintenance Services via ServiceElite will commence immediately and After License Fees may apply.
If at any time either of us requests a review of the inventery count, each of us wHl provide reasonable cooperation to the other in updating the last formal inventory.
7. Charges and Payment
For sales through IBM, your charges are calculated takling into account your Service selections, price protection option, payment option, and for prepayments, length of the prepay period.
FOR EACH TRANSACTION PACKAGE YOU MAY SELECT ONE OF THE FOLLOWING 3 PRICE PROTECTION, OPTIONS. YOUR SELECTION WILL BE SPECIFIED IN THE SCHEDULE ASSOCIATED WITH THAT TRANSACTION PACKAGE.
OPTION #1 ANNUAL· PRICE PROTECTION DURING !EACH TRANSACTION CONTRACT YEAR ONLY IBM may revise charges. However. any rate increase wrill not lake effect until the next yearly anniversary of the start of the transaction contract period. AI the start of each transaction contract year, you will be invoiced at the charge rates that are then in effect and that invoice will serve as your notice of charge rate changes.
All newly added Eligible Products and Services, as weI! as changes to existing Eligible Product configurations and Services, 1Nil! assume the charge rate that appIJed for these at the previous yearly annivelfsary of the start of the transaction contract period. Eligible ProdUcts and Services that become generally available during the transaction contract period will be added at the charge rate that applied on their initial availability date.
OPTION #2 FULL • PRICE PROTECTION FOR ENTIRE TRANSACTION CONTRACT PERIOD, INCLUDES PROTECTION FOR NEWLY ADDED MACHINE TYPES For the entire transaction contract period, charges for incl1uded Eligible Product configurations and Services will not increase. All newly added Eligible Products and Services. as well as changes, to exi~ing Eligibie Product configurations and Services. will assume the charge rate that applied for these at transactton contract penod start. Eligible P~foducts and Services that become generally available during the transaction contract period will be added at the charge rate that applied on their initial availability date. You will receive the benefit of a decrease in applicable charges for amounts which become due on or after the elffectlve date of the decrease.
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OPTION #3 PREPAY - PRICE PROTECTION FOR TRANSACTION CONTRACT PERIOD PREPAY Since you have selected to prepay for the entire transaction contract period, you will not be subject to increases in charges (during that period) for included Eligible Product configurations and Services. AI! newly added Eligible Products and Services, as weH as changes to existing Eligible Product configurations and Services, Will assume the charge rate that applied for these at transaction contract period start with adjustment for the reduced prepay period. Eligible Products and Services that become generally available during the transaction contract period will be added subject to the charge rate that applied on their initial avallabHlty date with adjustment forthe reduced prepay period. If you elect to have these charge terms apply for charges during any renewal transaction contract period (as recalculated at the start of each renewal period), you must provide IBM written notlfication (at least one month prior to the start of the renewal period) and prepayment for the entire renewal period. Otherwise, charges for the renewal period wHi revert to a quarterly billing cycle under the terms set out for Option #1 above.
FOR EACH TRANSACTION PACKAGE, THE FOLLOWING CHARGE ADJUSTMENT TERMS APPLY.
Total Services charges may be adjusted whenever:
1. a review of the inventory count indicates a change from the last accounting; or 2. a Specified Location is affected by a change that results in additional costs (e.g. a change in tax rates), Eligible Machine type, or Service
is added, deleted, or changed.
~~~~~~~df~~~~~~~~~. your IBM Business Partner sets the charges and tenns governing charges. Your IBM Business ~ some actions (e.g. termination), Dr for IBM's provision of some additional services (e.g. Service upgrades). These actions or i I services are identified in this Attachment and its associated Statements of Work and Change Authorizations with an asterisk ("""). Where you see an asterisk, check with your IBM Business Partner to determine if you will incur an additional charge or may be entitled to a credit or refund. You wiH make payment directly to your IBM Business Partner.
rBM may charge you directly for certain expenses IBM incurs in performance of a Service for you (e.g. actual travel and living expenses, out-of-pocket expenses). IBM will not incur these expenses without your prior written approval.
8_ Renewal and Termination
IBM will automaticaJJy renew Services unless you or your IBM Business Partner request otherwise. For each transaction the Schedule will specify the number of years (0 or greater) in the Renewal Contract Period. Whenever this number is greater than 0, iBM will renew the applicable Services at the end of the transaction contract period for the number of years specified~ Thereafter, IBM will automatically renew the Services for same length periods unless you or your I BM Business Partner notify IBM in advance of your deSire to change the length of the renewal. you, your IBM Business Partner, or IBM can select not to renew by providing written notification (at least one month prior to the end of the current transaction contract period) to the others of its deciSion not to renew. Nonrenewal notlfication sent to you by IBM or received by IBM from either you or your IBM Business Partner will result in IBM ceasing to provide you the applicable Serv'lces at the end of the current transaction contract period.
In case of renewals, charges are recalculated at the start of each renewal period. For sales through IBM, the new charges witl be based on the length of the Renewal Contract Period and then current charges associated with your contracted a) Services, b) pr"lce protection option, and c) payment option.
You have committed to continue Services for the entire transaction contract period. However, you may terminate Services for an Eligible ProdUCt, on notice to IBM, jf you permanently remove it from productive use within your Enterprise. You may also terminate Services immediately prior to the start of any fiscal year tor which funds have not been appropriated. You agree to request such funds from the appJlcable legislative body.
Otherwise, jf you choose to terminate Services and these are not being replaced by equivalent Sewices, you may do so by providing IBM one month's written notice, however, the Services must have been under contract for at least one fiscal year upon termination.
Termination adjustment fees will not apply and you will receive a credit for any remaining prepaid period associated with Services you terminate in accordance with this provision.*
9_ Services
Warranty Service Upgrade For certa'ln Eligible Mach'mes, you may select a Service upgrade from the standard type of warranty Service for the Machine, IBM provides Service for Machines as described in our Agreement but charges for the upgrade in type of Service during the warranty period.
You may not terminate the Service upgrade or transfer it to another Machine during the warranty period. When the warranty per"lod ends, the Machine will become part of your standard inventory count and will convert to maintenance Service at the same type of Service you selected for warranty Service upgrade.
Maintenance of ISM Machines IBM will provide Service for Machines, as described in OUf Agreement, for those Eligible IBM Machines specified in the Schedule.
Certain Machine types may require the installation and use of remote connectivity tools and equipment for direct problem reporting, remote problem determination and resolution.
A machine is only considered "Eligible" if it is operational and in conformance with its official published specifications on the contract. start date. All El"lg'lble Machines must be ·In good worKing order. For more details contact your sales representative.
Maintenance of NonMIBM Machines IBM will provide Service for Machines, as described in our Agreement, for those Eligible non-IBM Machines specified in the Schedule. Unless specified otherwise in the Schedule, Service is provided only for the manufacturer's base configuration for each covered Machine model. You are responsible for following the manufacturer's and IBM's provided guidelines pertaining to operator responSibilities, maintenance procedu res, and supplies prior to placing a Service request.
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Repair of non-IBM Machines is subject to the availability of repair parts and any technical support required of the original manufacturer. Repair parts will be functionally equivalent to those replaced, They may be new or used and may have been manufactured by other than the original manufacturer. You may request that IBM use repair parts manufactured by the original manufacturer when these are avaUab/e, but there may be an additional charge for these parts.* ,
In addition to items set forth in the Agreement, IBM's support does not cover:
1, Machine installation, engineering change activity, or preventive maintenance;
2. correction of date related errors, IBM will make the final determination of whether a date related error is the source of the problem;
3. service of microcode or firmware; or
4. service of features, parts, or devices not supplied by either a) the Machine's original manufacturer or b) IBM during the performance of this Service.
Upon written notice, IBM may terminate coverage for an Eligible non-18M Machine due to lack of available repair parts or lack of original manufacturer technical support.
Eligible non-18M Machines must meet IBM's safety and serviceability requirements. IBM reserves the right to inspect a Machine within one month from the start of Service. If the Machine is not in an acceptable condition for Service, IBM will notify you and terminate coverage for the inspected machine.
You agree to provide IBM one month's written notice prior to terminating coverage for a Machine being permanently removed from productive use within your Enterprise. You will receive a prorated credit for any remaining prepaid period associated with the terminated coverage unless indicated otherwise in the transaction document.
IBM Software Maintenance IBM will provide software maintenance support, as described below, for those Eligible Programs for which you are licensed and for wh·ich you order thiS Service.
General:
1. IBM makes available to you the most current commercially available version, release or update to all of the Eligible Programs for which you acquire support under this Service, should any be made available. Information on ordering versions, releases or updates can be found at http://www-05.ibm.com/servers/eserverfess/OpenServleLwss , and selecting the Entitled Software Update ("ESU") screen tab.
2. rBM provides you with assistance for your a) routine, short duration installation and usage (how-to) questions and b) code defect related questions.
3. IBM provides assistance via telephone and, if available, electronic access, only to your Information Systems ("IS") technical support personnel during normal business hours (norma! business hours are 8:00 a.m. to 5:00 p.m. in the local time zone where you receive this Serv·lce, Monday through Friday, excluding national holidays). This assistance ·IS not available to your end users. IBM provides Severity 1 assistance 24 hours a day, every day of the year. Consult the IBM Software Support
Guide, which may be found at http://1tVWW14.software.ibm.com/webapp/set2/sas/f/handbooklhome.htmlfor details. A 24x7 (every day of the year) all severity option is avallable for an extra charge.* During normal business hours, 18M's response time objective is two hours for voice and electronic problem submissions. For voice problem submissions during other than normal business hours, IBM's response time objective for critical problems (Severity 1) is two hours and if available and you select the 24x7 all severity option, four hours for non-cntical problems. For electronic problem submissions during other than norma! business hours, IBM's response time objective is within two hours of the start of normal business hours on the next business day. IBM's initial response (either voice or electronic) may result in resolution of your problem or it will form the basis for determining what additional actions may be required to achieve technical resolution of your problem. IBM is not responsible for delays in electronic response delivery caused by systems and network problems.
4. In some instances, IBM may request that you allow it to remotely access your system to assist you in isolating the software problem cause. You will remain responsible for adequately protecting your system and all data contained therein whenever we remotely access it with your permission. If you decline providing remote access to your system by IBM, IBM may be limited in its ability to fully provide the Services necessary to resolve the problem and if IBM is unable to do so, IBM will notify you and close out the service call.
5. This Service does not include assistance for a) the design and development of applications, b) your use of Eligible Programs in other than their speCified operating environment, or c) failures caused by products for which IBM is not responsible under this Service.
6. This Service is provided solely for servers that are located within the United States. For caBs that originate from outside of the United States: 1) toll free telephone access is not available, 2) "8:00 a.m. to 5:00 p.m. in the local time zone" is defined as the time zone where your designated Point of Contact resides, Monday through Friday (excluding national holidays), 3) replies or other return communication to the caller will be via a United States telephone number provided by you or electronic means only, 4) software "traps" or other tools that may be necessary to diagnose problems wiU be sent only to the United States server locahon. and 5) the diagnosis and repair of data encryption will be discussed only with personnel at the United States server location.
7. All support w1U be provided in the English language only.
Eligible Programs: Licensed progr.ams for ~h~ch this ?~rvice is available a~e listed at http://www-O~jbm.com/services/s!/productS/ or may be obtained from your IBM representative. The listing of ElJglble Programs contains the last date of servIce for each respective release of licensed programs. IBM will support only current releases. !t is your responsibility to ensure that, when calling in for service, your software is current. Software Maintenance After License Fee: The Software Maintenance After License fee is a one time charge to resume Software Maintenance if you a) did not renew this Service prior to the end of the then current support period or b) terminated this Service. The new support period in such an instance begins on the date that IBM accepts your order. Optional Feature Support In addition to your purchase of IBM Maintenance for selected IBM products and/or Software Maintenance for your AIX Operating System and selected License Program Products, you may purchase IBM's Support via USA Citizens for software or Support via USA Citizens for hardware feature. This feature provides standard IBM remote hardware and software support delivered and managed exclusively by USA Citizens who are located in the continental United States. IBM Support via USA Citizens is available via voice support during prime shift only· for software. Your hardware support will be 24x7. Each time you call IBM, this feature's process will be engaged only after you identify yourself as a Support via USA Citizens customer and IBM verifies your entitlement for this feature. Your hardware error data for analysis and call data will be managed by USA Citizens only. Machine Control Program Remote Support This remote support Service is provided only for Machine Control Programs. The term "Machine Control Program" ("MCP") means code delivered with an IBM Machine that executes below the external user interface (e.g. is implemented in a part of storage that is not addressable by user programs).
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IBM wi!! provide you remote assistance (via telephone from IBM's support center or via electronic access) in response to your routine installation, configuration, and usage (how-to) questions pertaining to MCPs on your covered IBM Machines. This assistance is provided during normal business hours (8:00 a.m. to 5:00 p.m. in the local time zone where you receive the Service, Monday through Friday, excluding national holidays). For an add'itional charge*, you may upgrade your Service hours of coverage to'24 x 7.
Remote Support does not include assistance for 1) the desIgn and development of code, 2) your use of a MCP in other than its specified operating environment. 3) use on other than the specified machine, or 4) failures caused by products for which IBM is not responsible under this Serv·lce. This Service does not include on-site assistance at your location.
This 1) Attachment. 2) its applicable Transaction Documents (e.g. Statements of Work. Change Authorizations and Schedules), and 3) the IBM Customer Agreement (or an equivalent agreement in effect between us) identified below ("Agreement") comprise the complete agreement regarding the Services described in this Attachment and its applicable Transaction Documents and replace any prior oral or written communications between Customer and 18M. Each party accepts the tenns of this Attachment by signing this Attachment (or another document that incorporates it by reference) by hand or. where recognized by law, electronically.
As used in this Attachment, "you" and "your" refer to the transaction contracting entity that is part of the Enterprise identified below.
Agreed to: DALLAS COUNTY (County)
Agreed to: International Business Machines Corporation
By BY ____________ ~~~~~~------------ ---------------------------Clay Lewis Jenkins
Dallas County Judge
Date:
Recommended:
Stanley Victrum
CIO, Office of Information Technorogy
APPROVED AS TO FORM':
CRAIG WATKINS
DISTRICT ATIORNEY
By: __________ _
Deborah Jagai
Assistant District Attorney
*By law, the District Attorney's Office may only advise or approve contracts or legal documents on behalf of its clients. It may not advise or ,approve a lease, contrad, or legal document on behalf of other parties. Our review of this document was conducted solely from the legal perspectJve IOf our client. Our approval of this document was offered solely for the benefit of our client. Other parties should not rely on this approval, and s!houJd seek review and approval by their own respective attorney(s).
Enterprise number: 02331300
Enterprise address: DALLAS COUNTY 600 COMMERCE ST DALLAS TX 75202-4606
Authorized signature
Name (type or print):
Date:
Reference Agreement number:
Attachment number:
IBM address:
IBM CORPORATION 7100 HIGHLAND PARKWAY SMYRNA, GA 30082
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DALLAS COUNTY COUNTY AUDITOR
Memorandum
To: Commissioners Court
Fm: Virginia Porter County Auditor
Re: Sheriff and Constable Fees
Date: September 12,2012
Background
( -,
Local Government Code 118.131 authorizes Commissioners Court to set reasonable fees for certain services performed by the Sheriff and Constable offices. The fees may not be set at greater than cost and may not be changed more than once annually.
The County Auditor reviews civil costs incurred by the Sheriff and Constables for service of papers annually. Cost categories for each office broken down by workflow supports cost allocation sheet and pricing.
Fiscal Year (FY) 2012 Constable projection worksheet reflects Commissioners Court Order No. 2012-0474 staffing of two deputies per truancy court (all moved under supervision of Constable Precinct No.2 mid-FY20 12) and the transfer of paper service from the Constable offices to the Sheriff Department. No changes to workflow were provided by the Office of Budget and Evaluation (OBE) for FY2013.
Sheriff Civil section deputy assignments now include a large volume of non-civil papers (truancy summons, juvenile papers, and criminal subpoenas). Technical and staffing issues negatively impacted the Sheriff Civil section entry of papers received from the District Civil and Family courts and County Civil, Probate, and Truancy courts into the mainframe civil system for data reporting. Complete statistical data was not available to quantify workload measures to extrapolate civil service costs versus criminal service costs. While the Sheriff Civil section and IT Services are working together to develop a more comprehensive reporting tool for paper activity, information for each attempt is recorded to the Odyssey courts system by Sheriff staff. Use of computer devices such as notebooks or I-pads for capturing service attempts/time spent could improve data captured/reported and increase available staff time to serve other papers.
Service Fees
Costs and service fees per paper type, although significantly impacted by FY2012 process changes, reflect expected overall costing for papers received,
Since records denoting service by category type were not retained, a comparative cost study cannot be completed, However, bcnchmarks for comparison with other entities and private servers indicate fees should remain unchanged for FY20l3.
509 Main Street, Suite 407 Dallas, Texas 75202 214-653-6472 FAX 214-653-6440
Sheriff and Constable Fees September 14, 2012 Page 2 of2
7L
Attached is a comparison of current fees charged by Dallas County and other large urban counties (see attachment A).
Other Fees
Data was not provided by departments to evaluate potential changes to other fees.
Financial
Dallas County is currently the highest (along with Rockwall County, Tarrant County, and Collin County constables) in the Metroplex for citation/summons/notices fees. Since an increase in fees effective January I, 2011, there has been limited movement of civil process to private process servers. Annualized FY2012 combined constable/sheriff (includes civil deputy time serving criminal papers) civil costs of $8.8 million are offset by projected revenue of $8.1 million and an AG match of $90,000. Projected FY2013 combined constable/sheriff civil costs of$8.5 million are offset by projected revenue of$7.5 million and an AG match of$30,000.
Strategic Plan
This briefing is consistent with Dallas County's Strategic Plan Vision 1 by prioritizing and providing statutory mandated services to the public.
Recommendation
Commissioners Court must approve the annual fee schedule prior to October 1, 2012 as required by statute to be effective January 1, 2013. FY2012 cost savings initiatives deployed in November 2011 indicate probable civil cost recovery with no fee changes required. The court should ensure written notice of the fee amounts is provided to the comptroller on or before October 15.
A court order will be prepared for the next formal Commissioners Court meeting based on the decision approved by Commissioners Court.
attachment
73
Comparison of Constable Fees Charged For Service of Civil Papers as listed on County Websites and/or Texas Comptroiler Website Eight Different Texas Counties
As of 1/1/2012
2 3 4 5 6 7 B, Paper Type Dallas Harris Tarrant Denton Bexar EIPaso Travis Collin
Const!iJble
Citation/Summons 75,00 70.00 75.00 60.00 60.00 100.00 70.00 75,00
Citation/Summons - JP Court 75.00 70.00 75.00 60.00 60.00 55.00 70.00 75.00
Notice 75.00 70.00 75.00 60.00 60,00 100,00 70.00 75.00
FE & 0 75,00 70.00 75.00 60.00 60.00 100,00 70.00 75.00
Subpoena (civil) 75.00 70.00 75.00 60,00 60.00 100.00 70.00 75.00
Writ of Execution 140.00 125.00 150.00 150.00 210.00 200,00 z 205.00 175.00
Writ of Restitution 140,00 75.00 150,00 85.00 210.00 200.00 z 105.00 not listed
Order of Sale 140.00 125.00 150.00 100.00 195.00 200.00 z 205.00 175.00
Writ of Possession 160.00 n 125.00 150.00 100.00 160,00 200,00 z 150,00 175.00
Distress Warrant 140.00 75.00 150.00 100.00 not listed 200.00 205.00 175.00
Citation by Publication +65.00 70.00 +75.00 60,00 60.00 65.00 70,00 75.00
Tax Warrant ++140.00 400.00 150.00 not listed not listed 200.00 z not listed not listed
n ;:: inciudes $20 fee for posting notice z:::: $35 per hour for all writs and/or orders involving seizure of property, sale of property, or enforcement of judgment which exceeds 4 hours + plus costs of publication ++ only when a sale
COMMISSIONS - WRITS OF EXECUTION/ORDER OF SALE WRITS OF POSSESSION
1 - 10% for the first $10,000; 1% over: max $5,000 1 - $36 per hour per deputy after 3 hours plus costs and $36 per hour per deputy over 10 hours 1/2 the above commission wlo sale 3 - $50 per hour per deputy after 2 hours
2 - 10% for the first $1 00 Of less; 7% for the second $100; 4 - $30 per hour per deputy after 2 hours 4% to $1 ,OOO~ 2% to $5,000; 1% for amounts over $5,000 1/2 the above commission wlo sale 6 - $35 per hour per deputy after 4 hours No commission on tax sale, but $400 for Tax Sale~sold or cancelled 7· $50 per hOur per deputy after 2 hours $200 Tax Resale-sold or cancelled
3 - $50 per hour per deputy
4 _ 10% for the first $200; 7% to $1 ,000; 4% to $5,000; 2% for amounts over $5,000', (half of the above rate wlo sale)
5 - 10% for tile first $10,000; 5% next $15,000; 2,5% for amounts more than $25,000 1/2 the above commission wlo sale
6 - AI! writs, orders andlor tax warrants that exceed four hOUfS wi!! be assessed an additional fee per officer of $35 per hour or each portion thereof
7 - 10% for the first $20,000; 4% for amounts more than $20,000 $35 per hourlper deputy after 2 hours plus mileage at standard rate for service outside of Travis County
8" 10% for the first $5,000; and 5% for amounts more than $5,000 1/2 the above commission wlo sale
Attachment A
Bb Collin Sheriff
55.00
55.00
55.00
55.00
55.00
150,00
not listed
150,00
150,00
150,00
55.00
not listed
74
DALLAS COUNTY COMMISSIONERS COURT DEPARTMENT OF PLANNING & DEVELOPMENT
September 12, 20 I 2
TO: Commissioners Court
FROM: Rick Loessberg, Director of Planning & DevelopmentM--
SUBJECT: Tax Abatement Request for Patriot Tower Office Building
BACKGROUND
Encore Enterprises has announced plans to convert the Patriot Tower office building (350 N. St. Paul) in downtown Dallas into 225 residential housing units. To help facilitate this conversion, the County earlier proposed providing a ten-year, 90% abatement on real property. So that the project can proceed, Encore has formally requested the aforementioned abatement.
DESCRIPTION OF PROJECT
Patriot Tower is a thirty-story office tower that was designed by l.M. Pei's architectural firm and built in 1978. It was originally known as One Dallas Centre until 2007 when its name was changed.
The building had a value as high as $32.9 million in 2000; however, it has fallen substantially since then-its 20 I 2 value was $9 million-and it was recently acquired by Encore when the previous owner defaulted. The building'S present occupancy rate is only 35%.
Encore anticipates renovating and converting the upper two-thirds of the tower into residential housing. The remaining square footage will continue to be used as office space.
Encore is a commercial real estate firm with origins in the hotel/hospitality industry. Initially founded in 1999 in the southeast, it is now headquartered in Dallas. It also presently operates a portfolio of eight apartment communities with a total of about 1700 units.
It is estimated that about $40 million will be spent on this project and that the property's assessed valuation will increase from $9 million to about $50 million. Construction is expected to begin in late 2012 and to be completed in 2014.
411 Elm Street. 3,d Floor, Room 313 Dallas County Administration Building
Dallas, Texas 75202-3301 email: [email protected]
Telephone: (214) 653-7601 Fax: (214) 653-6517
75
It is anticipated that this project will not only directly increase the value of the project's real property, but it will also help positively influence the downtown office market (by eliminating about 400,000 square feet of vacant office space) as well as the value of surrounding properties.
IMPACT ON OPERATIONS
To be eligible for consideration under the County's abatement policy, housing projects must produce at least thirty units, increase the County's tax base by at least $1.5 million, and be located within either downtown or a distressed area. Projects that meet these criteria may receive an abatement of up to 90%.
As this project, which is located in downtown, will create over 200 housing units and increase the County's tax base by approximately $40 million, it is eligible for consideration.
Since this project will be one of the largest housing projects yet undertaken in downtown (of the ten downtown housing projects that the County has previously provided an abatement for, only one-the Mercantile Building-has produced a larger increase in the County's tax base, and only three have produced more housing units), it is proposed that a 90% abatement be provided.
IMP ACT ON FINANCE
The abatement for this project would begin no later than January I, 2015. Providing a 90% abatement would result in the County annually foregoing about $87,500 in taxes that do not presently exist while allowing the County to collect about $9700 in new revenue. It will also increase the projected total amount of property that will be abated in 2015 from approximately $461 million to $497 million. However, while the total amount of property that will be abated will increase due to this project, the percentage of the County's tax base that will be abated in 2015 will remain at the projected level of about 0.3 percent.
STRATEGIC PLAN COMPLIANCE
As the County's strategic plan specifically recommends that the County use targeted tax incentives to generate economic development, providing a tax abatement so that an under-utilized office building can be renovated and converted into residential housing is consistent with this plan.
(0
WIMBE INFORMATION
W/MBE information pertaining to Encore has previously been provided to the Court.
RECOMMENDATION
It is recommended that the County, effective no later than January 1, 2015, provide a tenyear, 90% abatement for the renovation and conversion of Patriot Tower into residential housing.
cc: Virginia Porter, Auditor Ryan Brown, Budget Officer John Ames, Tax Assessor/Collector Larry Cline, Schrader & Cline
DALLAS COUNTY PUBLIC WORKS
September 11, 2012
MEMORANDUM
TO: Commissioners Court
77
FROM: Albelia Blair, P.E. "?Z~~---=--Director of Public W r...6
SUBJECT: Rationale for S ej)al:"~Briefing and Court Order
12 SEP 1 2 PM 2: I 7
The City of Dallas is requesting Dallas County consent to the sale of the tax property at 1502 Pennsylvania, Dallas, TX to In the City for Good, Inc., a Texas non-profit corporation for the expallSion ofthe St. Philip's Food Pantry.
In an effort to avoid delays in the multi-jurisdictional consent required to approve the sale, the Court Order authorizing the matter has been placed on today's formal agenda.
fJVP.AE:pel >
C:/My ocuments/dtax/nonprofit/RationaleMem.Pennsylvanie.doc
411 Elm Street, 4th Floor Datias, Texas 75202 (214) 653·7151
DALLAS COUNTY PUBLIC WORKS
78
D"" I "" "c'lJNTY fJ."L .. ",\~ lid
COrvL"lISS!ONERS COURT
12 SEP I 2 PM 2: I 8
September 11,2012
MEMORANDUM COURT ORDER ON FORMAL AGENDA
TO:
THROUGH:
FROM:
SUBJECT:
CDmmissioners Court
John Wiley Price, Commissioner District No, 3 ~ Selas Camarillo, Assistant Director-Property Division
Request from City of Dallas to Consent to Sale of Tax Foreclosure Property at 1502 Pennsylvania, Dallas, TX to "In the City for Good, Inc.", a Texas non-profit corporation (the "Property")
BACKGROUND
The property at 1502 Pennsylvania, Dallas, TX (the "Property") was offered fDr sale by the Sheriff of Dallas County at public auctiDn and was struck off tD City Df Dallas on its behalf and as Trustee for the County of Dallas and Dallas Independent School District (Taxing Authorities) on January 3, 2012, pursuant to a judgment dated September 9, 2009, Cause No. TX-03-30999-T-G, for the non-payment of delinquent property taxes, The Property is located on the southeast corner of Pennsylvania and Hohncs and is legally described as Lots I and 2, City Block 1311164 of Chestnut Hill Addition to the City of Dallas, The Property is improved with an abandoned 3,000 square foot liquor store built in 1987, sits on approximately 12,700 square feet of land (98 feet x 129 feet), is zoned commercial, and is adjacent to St Phillip's current facilities at 1600 Pennsylvania Avenue,
In The City For Good, Inc., a Texas non-profit corporation (ITCFG), is requesting the Taxing Authorities convey the Property at no cost for the expansion of the St, Philip's Food Pantry. Title to the property will be placed in the name of either !TCFG or a designated non-profit entity affiliated with either !TCFG or the St Phillip's School and Community Center. ITCFG, on behalf of St Philip's School and Community Center, is collaborating with the City of Dallas, Quorum Commercial and Dallas Real Estate Council Foundation to provide hunger relief to families in the Fair Park area. Correspondingly, the City proposes to convey its interest in the Property to the non-profit at no cost pursuant to the Tex, Local Government Code §253,011 and the Texas Property Tax Code §34,05(i), subject to post judgment taxes, penalties and interest, including the pro-rata property taxes for the remaining part of the then current calendar year. Other general terms and conditions of the City's conveyance are outlined in the attached letter dated July 25, 2012 between the City and ITCFG,
City is requesting Dallas County and the Dallas Independent School District each consent to the conveyance of the Property to ITCFG at no or minimal cost
STRATEGIC PLAN COMPLIANCE
Conveyance of Property to !TCFG is consistent with Vision 5 (Dallas County is the destination of choice for residents and businesses) of the County's Strategic Plan by renovating this abandoned building bringing dignity and revitalization to the Fair Park community,
411 Elm Street, 4th Floor Dallas, Texas 75202 (214) 653-7151
Commissioners Court Page 2 September 11, 2012
IMPACT ON OPERATONS
N/A.
LEGAL INFORMA TION
(~
The Property Tax Code, §34.05(i) allows the purchasing taxing unit, to sell the Property at a private sale, for an amount that is less than: (I) the market value specified in the judgment of foreclosure, or (2) the total amount of the judgments against the property with the consent of the other Taxing Authorities.
The sale outlined in the City's Letter of Intent pursuant Tex, Local Gov. Code §253.011, permits a municipality to transfer real property or an interest to a nonprofit organization for consideration described therein which requires an agreement between the parties that requires the nonprofit organization to use the property in a manner that primarily promotes a public purpose of the municipality; and indicates that ownership of the property automatically reverts to the municipality if the nonprofit organization at any time fails to use the property in that manner. Since this statute does not apply to Counties, the city council resolution authorizing this sale will reference both statutes, i.e., Tax Code §34.05(i) and Local Government Code, §253.011. The City's deed will contain a restriction requiring the Property to be used for a purpose, which primarily promotes a public purpose of the City, and such other reasonably related restrictions as the City shall determine, in which the proposed food pantry qualifies under such restriction. The Deed will also include a reversionary right for the Taxing Authorities to receive reversion of title to the Property if such use restrictions are violated after expiration of certain reasonable notice and cure periods.
FINANCIAL IMPACT
Under the City's agreement with ITCFG, ITCFG will be responsible for any reasonable processing fees imposed by the City, all customary closing costs, any post judgment taxes, penalties and interest, including the pro-rata property taxes for the remaining part of the tben current calendar year. Following is a summary of the judgments and costs associated with the Property:
Taxing Entities:
Dallas Couuty, PHD, DCCCD, DCSEF (1994-2008) City of Danas (1995, 1997, 1999-2008) Danas ISD (1995,1997,1999-2008)
Court Costs
Taxes/Court Costs To Be Written Off
$17,424.93 $18,285.12 $39,580.69
$ 7,437.17
TOTAL AMOUNT TAXES/COURT COSTS TO BE WRITTEN OFF $82,727.91
Post Judgment Taxes, Penalties, Interest & Fees (2009-2011): Dallas County, PHD, DCCCD, DCSEF City of Danas Dallas ISD
TOTAL POST JUDGMENT TAXES TO BE PAID, IF PAID IN OCTOBER 2012
The Market Value in Judgment and the 2012 DCAD Value of the Property is $102,520.
PERFORMANCE MEASURE IMPACT
N/A
Post Judg. Taxes P & I Due at Closing
$ 3,022.68 $ 3,824.61 $6,213.9'1
$13,061.28
Commissioners Court Page 2 September 11, 2012
RECOMMENDATION
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The Director of Public Works recommends that the Commissioners Court consents to the private sale of the Property at 1502 Pennsylvania, Dallas, TX, to ITCFG or a designated non-profit entity affiliated with either ITCFG or the St. Philip's School and Community Center pursuant to §34.05(i) of the Tax Code for $1.00, subject to post judgment taxes, penalties, interest and fees and with the Deed restrictions and a reversionary right for the Taxing Authorities to receive reversion of title to the Property if such use restrictions are violated.
It is further recommended that the City of Dallas, as Trustee, be authorized to act and sign on behalf of the Dallas County, the Dallas County Community College District, the Parkland Hospital District and the Dallas County School Equalization Fund in the sale, use, and disposition of the Property, acquired by tax foreclosure, which has been jointly vested in the name of the City, Dallas rSD and Dallas County.
Due to time constraints associated with multi-agency coordination, the Court Order has been placed on today's formal agenda.
APPROVED BY:
1\.1b5*'! lair, P.E. U)'frector of Public Works
~PAE:pe/SC C: 1M y Documents:l dtax :/N on proD tlF oodPan try. P ennsyi van ia 15 02. B rf
Attachments
cc: Gordon Hikel, Chief, Civil District Attorney's Office Paul Hamilton, Civil District Attorney's Office John R. Ames, Dallas County Tax Assessor-Collector Pamela Pope Johnson, Linebarger, Goggan, Blair & Sampson, LLP
July 25, 2012
Terry Kittleson, President In the City for Good, Inc. 10455 N. Central Expressway, #109-140 Dallas, TX 75231
Re: 1502 Pennsylvania, Dalias, Texas
Dear Mr. Kittleson:
81
This non-binding letter outlines the general terms and conditions under which In the City for Good. Inc. ("ITCFG") is willing to purchase the property. Please understand that this is only a general outline of terms and conditions and is subject to closing of the sale and purchase upon final terms acceptable to both parties. The following terms are listed below:
Property: 1502 Pennsylvania, Dallas, Texas. The property will be accepted in its "as is" condition without warranty, express or im[llied. The Purchaser shall be responsible for all necessary renovations and improvements, including removal ofthe abandoned underground storage tanks.
Purchaser: Title will be placed in the name of either ITCFG or a designated non-profit entity affiliated with either ITCFG or the St. Phillip's School and Community Center.
Purchase Price: ITCFG requests that the City donate the property to the Purchaser. ITCFG understands that the donation will require approval of the other applicable governmental agencies since the Property is being conveyed for less than fair market value. City shall have no obligation to pay any amount said agencies may require.
Use Restrictions: The Deed of the property will contain a restriction requiring the Property to be used for a purpose which primarily promotes a public purpose of the City and such other reasonably related restrictions as the City shall determine. The City shall agree that the proposed food pantry qualifies under such restriction. The Deed will include a reversionary right for the City to receive reversion oftitle to the Property if such use restrictions are violated after expiration of certain reasonable notice and cure periods.
Conveyance Process: The Property will be conveyed pursuant to the Non- profit Organization for the Public Use Exception to Sealed Public Bid (Tex. Local Gov. Code 8ec.253.011). Conveyance must comply with all applicable requirements.
Inspection Period: Purchaser shall undertake all necessary investigations oflhe property it desires prior to closing, including Phase I and 11 environmental studies. The purchaser shall pay all costs for such investigations pursuant to a reasonable right of entry acceptable to City. Purchaser shall be granted a 90 day inspection period (the "Inspection Period") to conduct such due diligence investigation with respect to the Property as it shall desire.
CITY OF DALLAS DEPARTMENT OF SUSTAINABLE. DEVELOPMENT AND CONSTRUCT!ON - REAL ESTATE DIVISION 320 E JEFFERSON BLVD RM 203 DALLAS, TEXAS 75203 TELEPHONE 2141948-4100 FAX 214JS484C83 OR 214J946-411B
Title:
Closing:
Costs:
Non-binding:
Council Approval:
Sin~erely,
\i ~/
82
ITCFG shall be responsible for investigating the status of tide to the Property. !TCFG shall pay any desired title commitment andlor title policy. In the event the Property is subject to any liens, mortgages, encumbrances or title matters which would prohibit the proposed project or which are not otherwise acceptable to the Purchaser, then the Purchaser may proceed with closing but City shall have no obligation to cure any such encumbrances, etc.
ITCFG understands that the property is currently subject to the tax foreclosure redemption rights of the prior owner. Closing on the sale shall be SUbject to expiration of such redemption rights without the property being redeemed. Closing is anticipated to occur within sixty (60) days after expiration of the redemption period and the Inspection Period,
Purchaser shall pay any reasonable processing fee imposed by the City and all customary closing costs. Purchaser shall pay the premium for any desired title policy. Any post judgment taxes, penalties and interest will be the Purchaser'S responsibility pursuant to the Texas Property Tax Code, including the pro-rata Property taxes for the remaining part of the then current calendar year, which will be assessed from the date of execution of the deed.
This letter is not contractual in nature and reflects only the intentions of the parties to proceed toward an agreed closing, No party shall have any obligation or liability based upon or arising under this Letter to any other party or any other person or entity by reason ofthis Letter or either parties failure to ciose,
No closing may occur without authorization by City Council resolution.
;:,, __ ~-:::,;:, 7'
I . \Q \) \; !,J ()!.i" Ashley Saunders Real Estate Manager Sustainable Development and Construction Real Estate Division
Cc; Orlando Alameda, Director, Dallas Independent School Distrkt - Real Estate & Leasing Services Pam Easterling, Property Supervisor, Dallas County Public Works-Property Division
ACCEPTED AND AGREED
By executing this Letter, In the City for Good, does hereby accept, acknowledge and agree to the terms, herein provided_
In the City for Good, Inc. a Texas non-profit corporation
By:~~/~ TeITYK'\eson, -President
CITY 01= DALLAS - DEPARfMENT OF SUSTAINABLE OEVELOPMENT AND CONSTRUCTION - REAL ESTATE DIVISION :;20 E j8=FERSQN BLVD RM 203 DALlAS, TEXAS 75203TElEPHONE114194B-4100 FAX 21419118""'1083 OR 2141948-4118
• ~ w IN THE CITY FOR GOOD A Christian Partnership for Empowering Communities
St. Philips's Food Pantry Expansion
In The City For Good (ITCFG), on behalf of St. Philip's School and Community Center, located at 1600 Pennsylvania Avenue in the Fair Park area of South Dallas, is collaborating with the City of Dallas, Quorum Commercial and Dallas Real Estate Council Foundation to provide hunger relief to families in The Fair Park area of South Dallas.
St. Philip's has an existing hunger relief program that is serving over 700 families in zip codes 75210, 75215, and 75216. According to the year 2000 census data, this community has a median household income of $18,250 for a family of four. Though the program has been very successful, the facilities currently being used are not adequate. In an effort to better meet the needs of the community, ITCFG and St. Philip's have proposed the acquisition and renovation of an abandoned liquor store adjacent to its current facilities. This 3,000 SF building has been a blighted property in the neighborhood for nearly a decade. The plan is to renovate the facility and provide a food pantry that is equipped with state of the art equipment. What is now an eyesore can be a facility that brings dignity to the neighborhood.
The development of the new facility will allow what is called a client choice program. This program allows clients to choose the food that will best suit the needs oftheir family. This is a cutting edge model that has been successful in other cities including the Detroit, Michigan area. See below.
Many of our fellow citizens in this area are living in what is described as afood desert, neighborhoods where nutritious food is either unavailable or unaffordable, and most are considered food insecure. They have experienced the emotional and physical impact of running out offood before the end of the month. This is a necessary project for the revitalization and empowerment of this Fair Park community.
10455 N. Central Expressway #109-140 Dallas, TX 75231
84
Client Choice Pantries
"Client choice" is a model of emergency food distribution that enables clients to select their own food, much like a grocery store. Unlike most pantries, which provide clients with fixed boxes or bags of food with no ability to select the items included, client choice pantries allow clients the ability to choose from a wide variety of foods, better enabling clients to meet their personal dietary needs.
The client choice model offers other advantages, including:
• A sense of dignity for clients and their families
• Higher satisfaction with the food they are able to choose
• Less waste and ultimately less cost of food provided
• Greater opportunities for volunteer and clients to interact; more social, supportive relationship opportunities
10455 N. Central Expressway #109-140 Dallas, TX 75231
85
DALLAS COUNTY OFFICE OF BUDGET AND EVALUATION
September 11, 2012
TO: Commissioners Court
THROUGH: RyQrown, Budget Officer
FROM: Office of Budget and Evaluation Staff
SUBJECT: Conference/Travel/Training Requests
c") ;:;:; c.) rq:;; c::j --w 8;l2
_ (.01'-"'
I'\J "%7~~; :::P f'I) C ) ~ ::00
I'\J c.nS e-. C'J ""-The following departments have requested approval for ConferencerrravellTraining. The en Co:::::' requested amounts listed are estimates. All reimbursements for hotel and meals are reimbu'fled'!§ according to Dallas County policy with receipts. Mileage reimbursements are reimbursed at the approved rate at the time of travel. Additional documentation is available for further reference.
Elected Officials/Departments notifying Commissioners Conrt of Conference/Travel/Training fund requests that do not require Commissioners Court approval under State Statues
None submitted
Elected Officials/Departments requesting Conference/Travel/Training approval for funds that have Commissioners Court authority
ROAD & BRIDGE DISTRICT #1 - requests approval for Yolanda Williams to attend the Veterans Expo & Clinic and the Texas Veterans Commission (TVC) Annual Fall Conference to be held at the Sheraton Dallas Hotel, 400 N. Olive St., Dallas, TX from September 17 - 21, 2012. Total estimated cost to attend is $180 (parking $35 (5 days @ $7.00 per day), meals -$100 (with receipt) mileage$25 (9 mi. round trip @55.5 cents per mile X 5 days), and dues - $20). Funds are available in 00105.2510.02050 - Conference/Staff Development Expense
COUNTY AUDITOR requests approval for Janet Butcher and 1 additional staff member to attend the Oracle HCM Users Group (OHUG) regional Series in Dallas on November 8. Registration fee is $100 (additional staff attending at no charge). OHUG provides its members with in depth training sessions from industry experts, along with the opportunity to share experiences and best-practices information with colleagues implementing and using Oracle applications. Funding is available from 120.1070'(J2230 (Auditor,- DDA)
411 Elm Street - 3rd Floor, Dallas Texas 75202-3340
(214) 653-6363. Fax (214) 653-6517. r]watkins(?Ddallascounty.org
86
VETERANS SERVICES - requests approval for Tracy Little and James Henderson to attend the Veterans Expo & Clinic and the Texas Veterans Commission (TVC) Annual Fall Conference to be held at the Sheraton Dallas Hotel, 400 N. Olive St., Dallas, TX from September 17 - 21, 2012. Total estimated cost to attend is $360 (parking - $70 (5 days @ $7.00 per day per person), meals -$200 (with receipt) mileage - $50 (9 mi. round [email protected] cents per mile X 5 days per person), and dues$40). Funds are required from Unallocated Reserves.
SHERIFF'S OFFICE - requests approval for the following travel:
a) D. Glenn, S. Franklin, and D. Sampson to attend the Less Lethal Instructor training in Fort Worth, Texas from November 12 - 15, 2012. A County vehicle with gas credit card will be used. The total cost to attend is $2,685 ($895 each) for registration. Funding is available in Federal Forfeiture.
b) Tanedra Dunn to attend the Train the Trainer Class in Plano, Texas from September 10 -13, 2012. A County vehicle with gas credit card will be nsed. The total cost to attend is $595 for registration. Funding is available in Commissary Fund (532.3151.91046).
c) Amy Charles to attend the Mid-Management Leadership Program in Huntsville, Texas from September 30 - October 5, 2012. A County vehicle with gas credit card will be used. The total cost to attend is $40 for registration. Funding is available in Commissary Fund (532.3151.91046).
d) Jesse Herrera to attend the Police Leadership Development in Southlake, Texas from November 5 -9,2012. A County vehicle with gas credit card will be used. The total cost to attend is $695 for registration. Funding is available in Commissary Fund (532.3151.91046).
e) Carmen Castro to attend the Public Information Act Training in Forth Worth, Texas on September 28, 2012. A County vehicle with gas credit card will be used. The total cost to attend is $50 for registration. Funding is available in Sheriff Education Fund.
CONSTABLE PRECINCT 4- requests approval for the following:
a) Assistant Chief Martha Rand to attend Mexican Cartel and Border Violence training on October 22, 2012 at the Midlothian Conference Center. The total cost to attend is $75 for registration. Funding is available in the department's DDA.
b) Deputy Michael McGuire to attend the 2012 TCLEOSE Coordinators Conference training in Corpus Christie, Texas from November 11 - 15, 2012. The total estimated cost to attend is $1,219 ($350 - airfare, $100 - registration, $594, and $175 - food). Funding is available in the department's DDA.
ELECTIONS - requests approval for the following:
a) Toni Pippins-Poole to attend a Legislative Hearing in San Antonio, Texas on August 31, 2012. The total estimated cost to attend is $420 ($376 - airfare, $30 - food, and $14 -parking). Funding is available in Elections Department.
Briefing Date - September 18, 2012
87
b) Toni Pippins-Poole to attend the Pew Charitable Trusts meeting in Washington, DC from September 16 - 23,2012. The total estimated cost to attend is $602 ($292 - airfare, $160 - food, $100 - ground transportation, and $50 - baggage fee). All costs are reimbursable by PEW. There is no cost Dallas County for staff to attend.
JUSTICE OF THE PEACE 5-1 - requests approval for LaKeisha Lowe to attend Texas Justice Courts Training Center in Rockwall, TX from March 13-15,2013. The total estimated cost to attend is $100 for registration and $90 for mileage reimbursement. Funding is available in department's DDA fund.
COUNTY CLERK - requests approval for the following:
a) John Warren, County Clerk, to attend the Region 5 District and County Clerk's Conference in Hillsboro, Texas on September 20, 2012. The total estimated cost to attend is $242 ($85 - hotel, $67 - mileage, $30 - registration, and $60 - food). Funding is available in the County Clerk Escrow Account.
b) Sed rick King attended the Regional Training for All Local Governments (Fort Worth) training on April 10, 2012. The total requested for reimbursement is $60. Funding is available in the Records Management Fund 94009.
Notifving Commissioners Court of Conference/Travel/Training funds used by Grant Programs
HEALTH AND HUMAN SERVICES - requests approval for the following:
a) Susan Kent to attend the TB Program Managers Meeting from October 2 -4, 2012 in Austin, Texas. The estimated cost to attend is $539 ($234 - mileage, $250 - hotel, and $55 - food). Funding is available in TB Clinic.
b) Robert Baxter and Venus Dukes to travel in outlying counties for lost-to-care/linking HIV Positive clients back to HIV medical care from September 1, 2012 - August 31,2013. The total estimated cost to travel is $10,000. Funding is available in grant #8704 - HIV Prevention Plan.
c) Sheketia Burley, George Moss, and Shannon Dalton to attend Section 8 HCV Rent Calculation Training from November 26 - 29, 2012. The total estimated cost to attend is $4,470 ($600 - transportation, $1,250"- hotel, $375 - food, $180 - ground transportation, $1,950 - registration fees, and $240 - gas/parking fees). Funding is available in grant fund 467 - Section 8.
d) Patricia Cook to attend the Immunization Brancn-Local Health Department Meeting in Austin, Texas from September 10 . 12, 2012. The total estimated cost to attend is $901 ($316 - transportation, $250 - hotel, $75 - food, $200 - rental car, and $60 - gas/parking fees). Funding is available in gratnt #8710 - Immunization Local.
Briefing Date - September 18, 2012
88
e) Barbara Davis to attend the Immunization Branch-Local Health Department Meeting in Austin, Texas from September 10 - 12, 2012. The total estimated cost to attend is $641 ($316 - transportation, $250 - hotel, and $75 - food). Funding is available in grant #8710-Immunization Local.
Briefing Date - September 18, 2012
89
September 18,2012
TO: Commissioners Court
THROUGH: R-(i>,rown B~~; Officer
FROM: Erica Terrazas Budget & Policy Analyst
SUBJECT: Sheriff -Incident Command Vehicle Grant Purchase
Background The Dallas County Sheriffs office received Commissioners Court approval on February 21, 2012 for submission of the FY2012 Criminal Justice Division (CJD), Office of the Governor fund grant application, Court Order #2012-0320. On September 7, 2012, the Office of the Governor Criminal Justice Division awarded the Dallas County Sheriff's Department a total of $80,000. The purpose of the grant is to fund the Sheriff's Incident Command Vehicle Project #2545701.
The purpose of this briefing is to request approval to accept the grant award and receive authorization to proceed with the purchase of a previously owned Incident Command Vehicle (ICV), a 2008 Chevrolet ICV inspected July 24, 2012 with 19,038 miles.
Operational Impact The ICV would be used as a response vehicle for disasters and emergencies as well as serving as a mobile substation. The ICV would also be utilized as a community outreach tool by building stronger relationships between the Sheriff's department and County citizens.
Financial Impact The total cost of the ICV is $198,000 for the Dallas County Sheriff's Department. The grant award would offset the cost of the ICV by $80,000, with the rest of the cost, $118,000, coming from Federal Forfeiture Funds (Fund 532). A communications component that will be added to the ICV costs $75,000, for a total of $193,000 coming from Federal Forfeiture Funds. There is no impact on the County General Fund.
Recommendation The Office of Budget and Evaluation recommends the Commissioners Court approve the acceptance of the Office of the Governor CJD grant award of $80,000, and approve the purchase of the ICV vehicle with the communications component for a total cost to the Sheriff's Federal Forfeiture Fund of $193,000.
411 Elm Street 3ni Floor, Dallas, Texas 75202-3340 (214) 653-6386 . (214) 653-6517 . [email protected]
90
t~i~~ DALLAS COUNTY (\;::~ .. Hw;~ OFFICE OF BUDGET AND EY ALUATION
q7'b-~<iv't" Of '
---- ~
September 12, 2012
To:
Through:
From:
Subject:
Commissioners Court
Rya(ft?own, Budget Officer
Ronica L. Watkins, Assistant Budget Officer
Child Support Local Rule Program Contract Extension
BACKGROUND In 2003, Dallas County entered into a System Integrated Child Support Cooperative Agreement with the Office of the Attorney General (OAG) of the State of Texas Office to operate a child support enforcement program. The current contract term expired August 31, 2012. The proposed Integrated Child Support Cooperative Agreement period is from September 1, 2012- August 31, 2014. The Office of the Attorney General is requesting that the contract be extended for one year at the same service/rate levels. The purpose of this briefing is to provide Commissioners Court with a recommendation on the renewal of the Integrated Child Support Cooperative Agreement.
IMPACT ON OPERATIONS Under the Local Rule Program, the Judges in the Family Courts adopted a rule that divorce cases that involve child support will be monitored through the Dallas County Child Support Office through the County's Integrated Child Support Cooperative Agreement with the Office of the Attorney General. The caseload is 7,700 projected at the end of FY2012 and 8,600 projected at the end of FY2013.
LEGAL IMPACT The District Attorney's Civil Section has reviewed the Integrated Child Support Cooperative Agreement amendment between the Office of the Attorney General of the State of Texas and Dallas County and has provided its approval for the County to renew the agreement. The contract extension does increase the OAG maximum liability for reimbursable expenses.
411 Elm Street - 3rd Floor, Dallas Texas 75202-3340
(214) 653-6363 • Fax (214) 653-6517. [email protected]
91
FINANCIAL IMPACT The reimbursement rate is $11.68 per case per month and is adjusted every two years during the agreement renewal period. Also, the agreement allows the County to receive incentive payments for meeting specific quality and efficiency standards each month. The revenue is projected to be $1,115,000 for FY20l3 and $1,200,000 for FY20l4 for a total of $2,315,000 for the two year agreement and the one year extension.
RECOMMENDATION The Office of Budget and Evaluation recommends that the Commissioners Court approve the renewal of the agreement of the Integrated Child Support Cooperative Agreement with the Office of the Attorney General of the State of Texas to continue the Local Rule Program and authorize the County Judge to execute the contract.
92
DALLAS COUNTY INTEGRA TED CHILD SUPPORT SYSTEM
COOPERATIVE AGREEMENT
CONTRACT NO. 13-COIOl
This Agreement is entered into by and between the OFFICE OF THE ATTORNEY GENERAL ("OAG"), as Title N-D Agency for the State of Texas, for and on behalf of its Child Support Enforcement Division ("Division") and Dallas COUNTY ofthe State ()fTexas ("County") under the authority of Section 231.002 of the Texas Family Code.
WHEREAS, pursuant to Title IV, Part D of the federal Social Security Act and Chapter 231 of the Texas Family Code, the OAG has been designated as the Title lV·D agency for the State of Texas; and
WHEREAS, the OAG as the designated Title IV -D agency has been delegated responsibility for developing and administering a statewide integrated system for child support and medical support enforcement ("Texas lCSS"); and
WHEREAS, the OAG and the County desire to enter into an agreement for the County to provide the services enumerated herein;
NOW, in furtherance of the aforesaid o\"ljectives and in consideration of the mutual understanding and agreements hereinafter set forth, OAG and County agree as follows:
1. PURPOSE
The OAG and County shall cooperate to provide comprehensive, effective, and efficient child support enforcement services to:
1.1. record, monitor and enforce all County child support ordcrs entered in the Qualifying CSE Caseload;
1.2. utilize the OAG computer system for delinquency monitoring, billing, and other enforcement techniques to ensure the payment of current child support and medical support to custodial parents in the Qualifying CSE Caseload;
1.3. incorporate existing enforcement resources into the automated enforcement process to obtain maximum benefit from federal funding;
1.4. delineate requirements for implementing an effective and compliant County run integrated child support enforcement office;
Dallas County ICSS SFY20l3-2014 Pagelof38
93
1.5. ensure parties in the cases in the QualifYing CSE Caseload receive quality customer service;
1.6. ensure compliance by County with all federal and state laws and regulations governing IV-D child support and medical support;
1.7. delineate OAG processes to support County efforts; and
1 .8. ensure seamless transition of services upon termination of this Agreement.
2. DEFINITIONS
For the purposes of this Agreement, the tenus listed below shall have the following meanings;
2.1. "Allowable Costs" shall be the actual amount of costs incurred that qualify for reimbursement under the federal financial participation provisions of Part D, Title IV of the federal Social Security Act (42 U.S.c. §§ 65! et seq.) and Office of Management and Budget Circular A-87, "Cost Principles for State and Local Goverruncnts", published by the Executive Office of the President of the United States of America.
2.2. "County Participants" shall mean the various County departments (excluding the Community Supervision Unit) which either perform IV -D Program Activities or support the performance ofIV -D Program Activities by providing administrative support services such as facilities management or procurement assistance. County costs associated witb the Community Supervision Unit are covered under a separate contract.
2.3. "County Personnel" shall mean the personnel provided by County to perform work in the County's enforcement office, and whose time on the job is dedicated in whole or in part to IVD Program Activities. Such personnel may be either county employees or staff provided by private contractors, as County deems appropriate.
2.4. "Direct Costs" shall be defined as that term is defined by th.e federal Office of Management and Budget Circular A-87, "Cost Principles for State and Local Governments", published by the Executive Office of the President of the United States of America.
2.5. "Division" shall mean the Child Support Division of the OAG.
2.6. "ICSS" shall mean the Integrated Child Support System, a cooperative effort established by the OAG pursuant to Chapter 231 of the Texas Family Code.
2.7. "Indirect Costs" shall be defined as that term is defined by the federal Office of Management and Budget Circular A-87, "Cost Principles for State and Local Governments", published by the Executive Office of the President of the United States of America.
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2.8. "IV -D Program Activities" shall be those activities exclusively devoted to fulfilling the requirements, duties, and obligations of a child support enforcement office pursuant to state and federal law.
2.9. "OAG Computer System" shall mean the Texas Child Support Enforcement System (TXCSES), a federally certified case management system for the IV-D program.
2.10. "Qualifying CSE Caseload" shall mean all Child Support orders deemed to have made an application for Title IV -D Child Support services by the County local rule and entered subsequent to the effective date of the local rule as defined in the Texas Rules of Civil Procedure 3a, and deemed to be a lV-D case by way of the local rule.
2.1 T. "Title IV-D agency" shall have the meaning defmed in Section 101.033 of the Texas Family Code.
2.12. "Title IV-D case" shall have the meaning defined in Section 101.034 of the Texas Family Code.
3. TERM OF AGREEMENT
This Agreement is etIective on September 1,2012 and, unless soonerterrninated as provided herein, shall terminate August 31, 2014.
4. OAG RESPONSIBILITIES
The OAG will:
4.1. Purchase, install, and maintain using OAG funds, computer hardware and related equipment which the OAG and County deem necessary (not to exceed the standard OAG hardware configuration) fOT County Participants to process the qualifying CSE caseload using the OAG computer system;
4.2. Purchase, install, and maintain computer software and upgrades to OAG procured software which OAG and County deem necessary (not to exceed the standard OAG software configurations) for County Participants to process the qualifYing CSE caseload using the OAG computer system;
4.3. Provide access to County Personnel for the OAG computer system consistent with OAG software license agreements and OAG computer system capacity and capability;
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4.4. Provide, at OAG expense and discretion, training to County Personnel in the use of the OAG computer system and its component hardware and software. When OAG determines that it is feasible, training will be conducted locally;
4.5. Provide through OAG region and office management specific technical assistance, training, procedural and policy support as needed to assist the County Participants with ongoing operational issues. If the Regional Administrator requests that the County attorneys who perform services under this Agreement attend state-wide training conducted by the OAG for Assistant Attorneys General, or that County Participants attend an OAG Statewide Managers' Meeting or Field Managers' Meeting, or if OAG State, Regional or Office level management requests that County Participants attend OAG training relating to the services being performed by County under this Agreement, the cost for such travel will be separately reimbursed. The cost for such travel is not included in the per child support order fee set forth in the Reimbursement of Certain Allowable Costs Section below. The OAG will reimburse such cost subject to the rates specified for travel by its own classified employees, for the expenses approved by the OAG that are allowable for reimbursement in the State of Texas Travel Allowance Guide. Any claim for such travel reimbursement by County shall include adequate supporting documentation as prescribed in the State of Texas Travel Allowance Guide. County and OAG agree that claims for such travel reimbursement may be submitted directly to the OAG by the individual traveler and that the OAG may make payment for such travel reimbursement directly to the individual traveler. Any claim submitted by an individual traveler must contain the traveler's full name, mailing address, contact phone number, Social Security Number and OAG Contract Number.
4.6. Make available applicable federal, state, and local rules and procedures to County Personnel and provide updates as appropriate and consistent with OAG policy and field operations;
4.7. Be responsible for those IV-D cases not included in the Qualifying CSE Caseload as that term is defined in this Agreement; and
4.8. Provide a statement of intent to renew to the County on or before April], 2014. If the OAG intends to renew, not later than June 1, 2014, the OAG will provide the County with a proposed child support order fee together with the component annual cost elements; which proposed order fee will be based upon actual OAG state appropriation year 2013 expenditures and encumbrances with an as of date no earlier than May 1,2014.
5. COUNTY RESPONSIBILITIES
The County will, pursuant to funds provided by Commissioner's Court:
5.1. Provide physical facilities for County Participants as necessary to timely process the Qualifying CSE Caseload and to accommodate information system needs, including but not limited to related utility services and physical support;
5.2. Provide County Personnel as necessary to effectively and efficiently administer, including administrative and judicial enforcement of, the Qualifying CBE Caseload in compliance with federal and OAG performance measures and requirements and federal Data Reliability standards. Such statI may be either county employees or private contractors, as County
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deems appropriate, but subject to the Subcontracting Section in the General Requirements Section below;
5.3. Make every attempt to ensure consistent information resource (IR) personnel support exists for the timely completion of OAG IR projects;
5.4. Comply with federal and (as specified by the OAG) OAG requirements and procedures regarding case initiation, record retention, reporting, confidentiality, case processing, adnllnistrative enforcement, judicial enforcement and money handling. County shall use the TXCSES "Legal Diary" that is used to populate the Automated Local Printing System. The County may use County authored forms unless the use of such formes) would: cause the OAG not to be in compliance with. federal and state laws, rules and regulations governing ICSS and child support enforcement; result in the loss of historical data or cause the County not to meet any of the minimum perfOImance standards set torth in the Performance Evaluation Standards subsection below. Provided however, that when the OAG implements its document management system the County must then use OAG authored forms. The County may request that the OAG approve County local variances to the OAG authored forms. The OAG will expedite the review of such requests. The review will be conducted by personnel specifically appointed, by the Director, Child Support Division, to review County local variance requests. The OAG will keep the County informed of the planned implementation date for the OAG document management system and will provide the County with a minimum of ninety (90) calendar days prior written notice of the migration date(s) for the document management system;
5.5. Record all support orders in the Qualifying CSE Caseload in the OAG computer system;
5.6. Utilize the OAG computer system to monitor and enforce all orders in the Qualifying CSE Caseload;
5.7. Within statutory requirements in conjunction with section 4.3 above, modify and maintain the existing County computer systems to effectively and efficiently administer the Qualifying CSE Caseload and integrate with the OAG computer system;
5.8. Provide oftice: furniture, equipment, and supplies as necessary for County Personnel to perform the duties described herein;
5.9. To the extent necessary to fulfill its obligations under this Agreement, maintain County procured equipment compatibility with the OAG computer system and OAG procured computer equipment, to include computer hardware and related equipment upgrades. OAG will provide County with as much notice as possible of intended OAG computer system and OAG procured computer equipment upgrades.
5.J 0. Ensure tbat, when requested: hy the Regional Administrator or the Senior Regional Attorney, County attorneys who perform services under this Agreement attend state-wide training conducted by the OAG for Assistant Attomeys General, and that County Participants attend OA G Statewide Managers' Meetings or Field Managers' Meetings, and also ensure that, when requested by OAG State, Regional or Office level management, County Participants attend OAG training relating to the services being performed by County under this Agreement.
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6. REIMBURSEMENT OF CERTAIN ALLOWABLE COSTS
6.1. Reimbursement. The OAG shall reimburse the County for the federal share of the County's Agreement associated allowable cost subject to the limitations set forth in this Agreement. Federal share means the portion of the County's Agreement associated allowable 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 Agreement is 66%. The Cost Principles for "State and Local Governments" as defined in OMB Circular A-87 shall apply to costs reimbursed under this Agreement. The County and OAG agree that for the purposes of this Agreement all of the County's Agreement associated allowable costs for any given calendar month is equal to the obligated caseload that was in existence on the first day of that month multiplied by a per child support order fee of $17.70. For the purposes of this section the obligated caseload is defined as:
"All cases with sufficient information on the OAG automated child support system to be counted as an obligated case on the ~AG's monthly Goals and Production Report - BMIIGG Goals and Produetion."
Thus: (Obligated Caseload) X ($17.70) X (Federal Share) = OAG Reimbursement Amount
The child SUppOlt order fee was determined by first identifying the direct costs of an equivalent Child Support Division Field Office and the indirect costs of OAG attributable to the support of that office (which indirect eosts would not also be provided in kind to the County enforcement office) based upon actual OAG state appropriation year 2012 expenditures and encumbrances as of May 18,2012.
6.2. Incentive Payments for Exceeding Quality and Efficiency Standards. If County qualifies for an incentive payment (sec the Quality and Efficiency Standards Subsection of the Performance Measurement Section below) either thirty cents ($0.30), thirty-five cents ($0.35) or forty cents ($0040), depending upon the incentive amount qualified for, shall be added to the per child support order fee set forth above for the calendar month that the County qualified for the incentive payment.
6.3. Reimbursement Process.
6.3. J. OAG shall determine the monthly fee based on the obligated caseload in existence on the first day of the month and the results of the Quality and Efficiency Monitoring.
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6.3.2. OAG shall forward a Quality and Efficiency Report and Reimbursement Invoice to the County for review ruld approval.
6.3.3. If the County approves the Quality and Efficiency Report and Reimbursement Invoice, the County signs the Invoice and returns it to OAG within ten (l0) County work days, County's signature constitutes approval of the Invoice and certification that all services provided during the period covered by the Invoice are included on the Invoice. 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 either submit the invoice via US Mail to:
Karla McDougal, Contract Manager Mail Code: 062 Office of the Attorney General P.O. Box 12017 Austin, Texas 78711·2017
via facsimile to: (512) 460·6980 or (512) 460·6618
or via email to karla,m9dougalrw,texasattorneygeneraLcom
6.3.4. If County does not approve the Quality and Efficiency Report and Reimbursement Invoice, it shall respond to the GAG via email within ten (10) County working days of receipt, detailing the basis of any disputed item along with supportiug documentation. The OAG shall review disputed items. lfthe dispute is resolved in the County's favor, the OAG shall make payment in the anlount requested by County. If the dispute is not resolved in the County's favor, the OAG shall make payment in accordance with the Invoice originally sent to the County and forward a letter of explanation to the County.
6.4, Limitations on Reimbursement.
6.4.1. Non-Receipt of Federal Share. The OAG is liable to the County for payment of the federal share ofreimbursemeut to the extent that the OAG receives the federal shru·c. If the federal share is received by the OAG and that amouot or any part of it is later disallowed by the federal govenunent, the County official to whom payment was made shall return the amount disallowed to the OAG not later than the thirtieth (30th) day after the date on which notice to return the disallowed amount was given by the OAG.
6.4.2. No Reimbursement For Costs Incurred Prior to Agreement. The OAG shall not be liable to reimburse the County for allowable costs pursuant to this Agreement when such costs were incurred prior to the commencement of this Agreement or are incurred after termination of this Agreement.
6.4.3. Tiwing of Requests for Reimbursement. The OAG may decline to reimburse County for any services not properly billed to the OAG within the next three billing cycles immediately following the month in which the County provided the services,
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6.4.4. No Reimbursement When Non-Compliance with Inventory Control Requests or Denial of Access to Records. The OAG shall not be liable to reimburse the County for allowable costs pursuant to this Agreement from the date that any personnel employed or retained by the County subject to this Agreement fail to comply with OAG inventory control requests or fail to grant immediate access to all books, records and equipment subject to this Agreement to representatives of the United States Department of Health and Human Services ("HHS"), the Comptroller General of the United States, the OAG, the State Auditor, or their agents and representatives for purposes of inspecting, monitoring, auditing, evaluating, or copying such items. The OAG shall continue to have no obligation to reimburse the County for such allowable costs until said personnel comply with the inventory control requests and/or grant access to such books, records and equipment.
6.4.5. Reimbursement Subiect to Federal Approval. It is expressly understood and agreed by the parties hereto that any and all of the ~AG's obligations hereunder are contingent upon the existence of a State Plan for Child Support Enforcement approved by the federal Office of Child Support Enforcement 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 the State Plan should be disapproved, or the availability of federal financial participation is otherwise terminated, the OAG shall discontinue payment hereunder and notify the County within ten (10) days of such fact in writing, except that the OAG shall reimburse the County for any costs incurred pursuant to this Agreement for which the OAG receives money from the federal Office of Child Support Enforcement.
6.4.6. County Refund of Overpayments. The 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 the County agree has resulted in an overpayment to the County, provided that such sums may be offset and deducted from any amount owing but unpaid to the County.
6.4.7. Withhold of Funds Upon Loss, Damage, or Theft of Equipment. Upon the loss, damage, or theft of any OAG provided equipment, the GAG may withhold an amount equal to the fair market value of the equipment until final resolntion of County liability (and any required payment to OAG, if any) under the "Property Management, Accountability and Maintenance" section of this Agreement.
7. FEDERAL INCENTIVE PAYMENTS
7.1. County May Qualify for Incentive Payments. In addition to the reimbursements specified in the "Reimbursement of Certain Allowable Costs" section of this Agreement, federal law provides that eligible political subdivisions may share in federal incentive revenues. County shall participate in Texas' earned incentives in the following incentive measures: Collections on Current Support, Collections on Arrears and Collections to Expense Ratio. County's eligible share shall be calculated in a manner consistent with the way OCSE calculates Texas' share of federal incentives. In addition, County share shall be determined in the same proportion that County collections constitute part of the federally defined collections base and that OAG field offices' costs constitute part of the overall annual costs of the Texas lV-D program. The proportion of field offices' costs to overall annuallY -D program costs will be computed based on actual expenditure an.d encumbrance data for the state appropriations year that encompasses
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eleven (11) months of the federal fiscal year for which federal incentives were awarded to the state. Upon the United States Office of Child Support Enforcement providing OAG with an accounting of Texas' share of the national performance incentives pool, and completing payment of any incentives due OAG, OAG will calculate County's proportionate share of performance incentives and make payment to County of any performance incentives due County. The requirements imposed upon OAG by the "Federal Incentive Payments" section and its subsections shall survive the tennination of this Agreement until such time that OAG has fulfilled its obligations under the aforesaid "Federal Incentive Payments" section and its subsections.
7.2. Conditions for Earning Federal Incentive Payments. County must be performing satisfactorily at the end of the State fiscal year to be eligible to share in any federal incentives realized by OAG for the Federal fiscal year that encompasses eleven (1 I) months of that State fiscal year (see the "Remedies for Non-Perfonnance" section below). The State fiscal year runs from September through the following August. The Federal fiscal year runs from October through the following September.
7.3. Federally defined performance incentive measures, To the extent that County performs each of the following incentive measures County shall receive its ratio share of incentives. County at the inception of this Agreement does not establish parentage or support orders and therefore is not eligible to share in the first two incentive measures listed:
Parentage Established Percentage Cases with Support Orders Collections on Current Support Collections on Arrears Collections to Expense Ratio
Attachment One to this Agreement provides an example illustrating the allocation methodology. The example presented as Attachment One is offered for purposes of illustration only and is not intended to represent an agreement to pay to the County the dollar amounts listed in the Attachment.
7.4. Requirement to Maintain a Base Year Level of Expenditures. County must expend the full amount of incentive payments received under this Agreement to supplement and not supplant other funds used by the County to carry out the services being provided under this Agreement. County expenditures may not be reduced as a result of the receipt and reinvestment of incentive payments. A base year level of county expenditures has been identified to determine if incentive payments are used to supplement rather than supplant other funds used by the County to carry out the services being provided under this Agreement. The base year is October 1,2002 througb September 30,2003. The base year level of expenditures is Two Hundred Fifteen Thousand Nine Hundred Eighty Eight and 00/100 Dollars ($215,988.00). This base year level of expenditures must be maintained in future years. Incentive payments received under this Agreement must be used in addition to and not in lieu of this base amount.
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7.5. Audit. The listing of audit requirements in this particUlar subsection is not intended to and do not exclude the applicability of the audit requirements set forth in the "Audit Provisions" section below. Rather the requirements of this subsection are cumulative and in addition to the requirements of the "Audit Provisions" section below. County shall maintain and retain for a period of three (3) years after tbe termination of this Agreement, or until full and final resolution of all audit or litigation matters which arise before the expiration of the three (3) year period, whichever time period is longer, such records as are necessary to fully disclose that incentive payments received under this Agreement were used to supplement and not supplant the base year level of expenditures. If incentive payments are disallowed as a result of an audit finding contained in an audit (by the County's independent auditor, the OAG, the State auditor, the US Department of Health and Human Services, the Comptroller General of the United States, or any of their duly authorized representatives) that the County has used the incentive payments to supplant and not to supplement the base year level of expenditures, 'then the County shall refund to OAG the amount supplanted within thirty (30) calendar days of the date of the written OAG request for refund; provided further that such amounts may be offset and dedncted from any funds payable under this Agreement.
7.6. Revision of Incentive Payment Methodology. If the federal incentive payment methodology is changed during the term of this Agreement, OAG and County will execute an amendment to confOlID to the new methodology.
8. PERFORMANCE MEASUREMENT AND CH.ALLENGE GOALS
8.1. Perfonnance Requirements. The County shall comply with all federal and state laws, rules and regulations governing ICSS and child support enforcement including, but not limited to, Chapter 231 of the Texas Family Code and Title IV-D of the federal Social Security Act and (as specified by the OAG) the policies and procedures of the OAG for implementing those state and federal requirements. The County agrees to allow the OAG to have unannounced access to and to monitor the County IV -D office and to observe the operation of and to perform investigations, audits and reviews of the operation and records of the office as deemed necessary by the OAG to assure compliance with federal and state requirements, OAG policies and procedures or other written OAG requirements. The County agrees to facilitate OAG reporting of relevant monitoring, enforcement, and customer service actions by appropriate recording of activities and infonnation on the OAG automated child support system ("TXCSES") or (as may be required by the OAG) by preparing reports of such relevant information as may be recorded on the County automated systems. The County agrees to work with the OAG Regional Administrator on a regular basis to evaluate the month-to-month performance by the County of its obligations nnder this Agreement.
8.2. Performance Evaluation Standards. The County agrees that, at a minimum, it shall perform its obligations under this Agreement according to the following standards:
8.2.1. Federal Data Reliability Standards. County shall meet the ninety-five percent (95%) efficiency rate for the completeness, reliability and accuracy of the data that underlie Lines 1,24,25,28 and 29 of Form OCSE 157.
8.2.2. Customer Service Standards. County shall track and provide documentation regarding all inquiries recei ved. These actj vities shall be tracked by using the Case Correspondence
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screen on TXCSES. All inquiries shall include a statement of the inquiry, a statement of the action taken to assist the customer, a statement of any follow up action and final result, the name of the person handling the inquiry, the name of the person making the inquiry, OAG case number and/or court cause number, NCP name, CP name, and date of inquiry. County shall perform Customer Service according to the following time-lines:
• respond to written inquiries within ten (l0) County work days, • respond to e-mail inquiries within ten (10) 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, • complete any necessary research within fifteen (15) County work days, • return phone calls within two (2) County work days, • see an in-office customer the same day, and • schedule any request for an appointment within three (3) County work days of request.
8.2.3. Public Official Inquiry Standards County shall process Public Official inquiries in accordance with the following standards. County may choose to respond to the inquiry itself or have the OAG Public Official Services Section ("POS") respond. When the County chooses to have the POS respond County must notify POS immediately upon receipt of either a telephonic or written inquiry. County must provide POS with the case number, name of the person calling, and on whose behalf the person was calling. In case of a written inquiry County must fax the written inquiry to POS immediately upon receipt. County shall assist POS with resolving the inquiry. When County chooses to respond itself, County must, in consultation with POS, respond to a written inquiry within five (5) County work days and a telephone inquiry the same day if possible. Immediately after responding, County must notifY the POS supervisor of the inquiry receivcd and its resolution. County must respond to any POS tasking within two County work days of the date of the e-mail. County must notifY POS supervisor of any public official inquiry relating to a case that is not pending in the County office.
8.2.4. Percentage ofCoIlections on Current Support Due. Ine standard for this category shall be collecting annually at least the percentage of current support due designated by the OAG as the statewide minimum standard for OAG field offices. The OAG Contract Manager shall inform the County office of the amount designated as the statewide minimum standard on or before October 31 ofthe federal fiscal year.
8.2.5. Percentage of Cases with Collections on Arrears. TIle standard for this category shaIl be achieving annually at least the percentage of cases with collections on arrears designated by the OAG as the statewide minimum standard for OAG field offices. The OAG Contract Manager shall il1fom1 the County office of the amount designated as the statewide minimum standard on or before October 31 of the federal fiscal year.
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8.2.6. Quality and Efficiency Standards. The Quality and Efficiency Standards are set forth in the table below. County may qualify to receive an incentive payment for exceeding these minimum Quality and Efficiency Standards. In order to qualify to receive an incentive payment the County must not be in an unsatisfactory performance status (See the "Remedies for Non-Performance" section below). In order to receive a thirty cent ($0.30) incentive payment the County must meet or exceed the specified exceptional standard for at least eight of the Quality and Efficiency measurements and achieve at least the minimum standard specified for all measurements. ln order to receive a thirtyfive cent ($0.35) incentive payment the County must meet or exceed the specified exceptional standard for at least ten of the Quality and Efficiency measurements and achieve at least the minimum standard specified for all measures. ln order to qualify for a forty cent ($0.40) incentive payment the County must meet or exceed the specified exceptional standard for all measurements and achieve at least the minimum standard specified for all measurements.
If in any given month a measurement sample contains less than thirty-five (35) cases, the score for that measurement will be assumed to be exceptional, regardless of the actual score, pending results of an annual evaluation of the measurement. At the end of the fiscal year (August), an annual score will be calculated for each measurement with less than thirty-five cases (35) during any month of the fiscal year, If the annual score does not meet the exceptional standards, any payments made during the fiscal year for assumed exceptional performance will be deducted from the August invoice.
8.2.6.1. Statistical Sampling. The OAG may use statistical sampling, as described in Attachment Two, and generalize from sample results wherever appropriate to evaluate compliance and achievement of performance standards in order to support payment of incentives and/or assertion of remedies. For the purposes of this section, high voltunc performance requirements where evaluation of all relevant cases or case activities is not cost-effective or feasible shall be deemed appropriate for statistical sampling.
I MEASUREl\i!llNI Glt1lflmJA MINIM!1)M EXCliJgII()N8,~
I CASE INITIATION .. STANDARD St'AWA!1W
All relevant case and Ninety-five percent I Ninety-five percen t I AND ORDER ENTRY member data updated (95%) of all cases (95%) of all cases
and order information opened during the updated and order I updated within 20 month reviewed. information updated
I business days of case within 14 business days openiI!g of case opening.
CASE TRANSFER Transfer case to Ninety percent (90%) of Ninety-one percent appropriate OAG field all cases that should (91 %) of all cases that office within 15 have been transferred should have been business days of receipt during the month transferred during the of "Case Type Change" reviewed. month reviewed. morning mail message.
Exception: If pending
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MEASUR:EMENT RWTEIUr\-.. ' legal action exists when case type changes, case should be transferred to appropriate OAG field office within 1 ()
, business days of ! I res?lution of legal
actIOn. CASE CLOSURE I • Case closure reason
I I code correct • Documentation in
case folder and on system to verify closure reason
• Wait mandatory time before closing case
REVIEW AND Within 180 calendar ADJUSTMENT days of request for
review 0 R of locating the non-requesting party (whichever occurs
I later), conduct review and adjust order (by requesting modification), or determine that order should not be adjusted. Provide all parties with modified order within 14 business days after order entered OR notice that order will not be
I adjusted within 14 . business days of detennination.
LOCATE All appropriate locate resources utilized within 75 calendar days.
I ADMINISTRA TlVE TWO issued within 2 INCOME business days of WITHHOLDING I employment
: venficatlOn.
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MINIMUM STAllmAlID
Ninety-five percent (95%) of all cases that were closed during the month reviewed.
Ninety-five percent (95%) of all cases where parties should have been provided with a modified order or notified that order will not be adjusted during the month reviewed.
Ninety-five percent (95%) of cases where locate reSources should have been utilized during the month reviewed. Ninety-five percent (95%) of all cases with new employment
I mformatlOn durIng the I month reviewed.
EXCEPTlONAL STANDARD
Ninety-six percent (96%) of all cases that
I were closed during the month reviewed.
Ninety-six percent (96%) of all cases
. where parties should have been provided with a modified order or notified l11at order will
. not be adjusted during the month reviewed.
I Ninety-six percent (96%) of all cases where locate resources should have been utilized during the month reviewed. Ninety-six percent
I (96%) of all cases with new employment I mformatlOn dunng the
I month reviewed.
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I I
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MEASUREMENT CRITERIA MINIMUM E~CEFTIONhL I S'fANUARD STA:Nlla»ri ENFORCEMENT Administrative Ninety-five percent Ninety-six percent
Enforcement action (95%) of all cases (96%) of all cases taken within 3 0 where enforcement where enforcement calendar days of action should have been action should have been delinquency date or i taken or where service taken or where service verified locate, should have been should have been whichever is later. completed during the completed during the OR month reviewed. month reviewed. Service completed (or unsuccessful service attempts documented to show diligent effort) within 60 calendar days of delinquency date or verified locate, whichever is later.
"Delinquency Date" as
I used in this cell means 30 days after a missed
I EXPEDITED payment.
I Legal actions completed Seventy-five percent Seventy-six percent I PROCESSES - 6 within six months from (75%) oflegal actions (76%) oflegal actions
MONTHS the time 0 f successful completed within six completed within six
I service on all parties months from the time of months from the time of
i successful service on all successful service on all I pI . . parties. . artles.
EXPEDITED Legal actions completed Ninety percent (90%) of • Ninety-one percent PROCESSES - 12 . within twelve months legal actions completed (91 %) oflegal actions MONTHS from the time of within twelve months completed within
successful service on all year from the time of twelve months from the parties successful service on all time of successful
parties. service on all parties. -
AFTER COURT All subsequent orders I Ninety percent (90%) of Ninety-one percent ORUERENTRY entered into TXCSES all subsequent orders (91 %) of all subsequent
within 7 husiness days entered into TXCSES orders entered into I of the final hearing. during the month TXCSES during th.e
reviewed. month reviewed. I
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I MEASUREn:!ENT CRITERIA MINIMUM EXCEPTIQNM. S:rAI'IDAtm STANDAR'D
I
I
I
< SUCCESSFUL Legal filings Seventy-five percent Eighty percent (80%) of DISPOSITION successful! y disposed (75%) of all filings all filings successfully
within one year of successfully disposed disposed within one filing. within one year of year of filing.
filing. "Successful disposition" for this purpose is defined as a final, temporary or interim order obtained or a capias issued. A nonsuit or dismissal without prejudice is not considered a successful disposition.
SERVICE RATE Successful service of Seventy-five percent Eighty percent (80%) of process on all parties (75%) of all service of all service of process within six months of process issued. I issued. filing.
I Successful service can I
I be via personal service, ,
substitute service, I waiver of service or I personal appearance.
8.3. Challenge Goals. The OAG challenges its field offices, in their pursuit of excellence, to continually improve their performance, which in turn improves the overall perfonnance of the Program and service to the children of Texas. The County agrees to participate in this challenge and use its best efforts to meet or exceed each of the goals as described below.
8.3.1. Annual Disbursement Goal. The standard for this category shall be disbursement of at leas! the amount designated by the Regional Administrator at the beginning of each state fiscal year as the county office's annual disbursement goal. The Regional Administrator shall inform the county office or the amount designated as its annual disbursement goal 011 or before September 30 oftbe state fiscal year. The designated percentage shall be calculated by OAG Field Operations using a standardized formula.
8,3.2. Annual Medical Support Disbursement Goal. The standard for this category shall be disbursement of at least the amount designated by the Regional Administrator at the beginning of each state fiscal year as the County ofiice' s annual medical support disbursement goal. The Regional Administrator shall inform the County office of the amount designated as its annual medical support disbursement goal on or before September 30 of the state fiscal year. The designated percentage shall be calculated by OAG Field Operations using a standardized formula.
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8.4. Remedies for Non-Performance.
8.4.1, Failure by the County office to meet any of the minimum performance evaluation standards in the "Performance Evaluation Standards" section and its subsections above or any of the requirements of this Agreement, except the annual challenge goals in the "Annual Challenge Goals" section and its subsections above, may result in a finding of unsatisfactory performance. County must be performing satisfactorily at the end of the State fiscal year to be eligible to share in any federal incentives realized by OAG fOT the Federal fiscal year that encompasses eleven 11 !months of that State fiscal year. Any finding of unsatisfactory performance, either by the OAG Contract Manager or the Regional Administrator, will be communicated to the County in writing by the OAG Contract Manager. The OAG Contract Manager will review the written finding of unsatisfactory perfonnance and, in consultation with the County and the Regional Administrator, determine the validity of the finding. The OAG Contract Manager will communicate in writing the results of the review to the County and the Regional Administrator.
8.4.2. lfthe 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 specitied by the OAG Contract Manager.
8.43. If the County does not return to satisfactory statns within forty-five (45) calendar days after receiving notice that an unsatisfactory perfonnance finding has been validated, then the OAG may withhold payments due to County under this Agreement until the County is once again performing satisfactorily. lfthe County has not either returned to satisfactory starus within sixty (60) calendar days after receiving notice that an unsatisfactory performance finding has been validated, or commenced corrective action and thereafter proceeded diligently to complete such correction then the OAG may terminate this Agreement (in accordance with the "Tennination of Agreement" section below) without payment to County for any costs incurred by County from the time that OAG may have commenced withholding payments due to County being in an unsatisfactory status. Where payments have been withheld and are to resume, due to County 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.
9. AUDIT PROVISIONS
9. J. All records, books, documents, accounting procedures, practices or any other items relevant to the performance of this Agreement shall be subject to examination or audit, and copying in accordance with all applicable state and federal laws, rules, regulations or directives, by 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. The County will direct that any subcontractor with whom it has established a contractual relationship to discharge the County's obligations to likewise permit OAG, the State Auditor, the U.S. Department of Health and Human Services, and The Comptroller General of the United States, to have rights of access to, inspection of, and reproduction of all books and records of
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the County's subcontractor(s) which pertain to this Agreement.
9.2. The Cotmty shall maintain and retain for a period of three (3) years after the tennination of this Agreement, or until full and final resolution of all audit or litigation matters which arise before the expiration of the three (3) year period, whichever time period is longer, such records as are necessary to fully disclose the extent of services provided under this Agreement, including but not limited to any daily activity reports and time distribution and attendance records, and other records which may show the basis of the allowable cost charges made.
9.3. The fiscal officer duly appointed by County shall submit a Certification of Local Expenditures Report that certifies local ICSS expenditures made by the County for contract services for the period September I through October 31 of the fiscal year. This figure includes direct services in support of the program, allocated costs, and the costs of indirect services provided by County in support ofthe contracted program. This Certification is due no later than six months following the fiscal year end of the County for which the expenditures are certified. Attachment Three is included as an example fonn.
County shall submit two (2) copies of the Certification of Local Expenditures Report to:
Office of the Attomey General - Child Support Division Government Contracts Section PO Box 12017 Mail Code 062 Austin, TX 78711-2017
9.4. If funds are disallowed as a result of an audit finding contained in an audit (by the OAG, the State auditor, the US Department of Health and Human Services, the Comptroller General of the United States, or any of their duly authorized representatives) that the County has failed to follow federal requirements for the IV-D program, then the County agrees that the OAG may recoup their loss from funds payable under this Agreement to the extent of the loss incurred by the OAG
10. TERMINATION OF AGREEMENT
10.1. Discretionary Tennination. The parties to this Agreement shall have the right, in each party's sale discretion and at its sole option, to tenninate this Agreement by notifying the other party heteto in writing of such tennination at least ninety (90) calendar days prior to the effective date of such tennination. Such notice of tennination shall comply with the notice provisions of the Notices Section below and shall state the effective date of such termination. Additionally a copy of any such notice by the County shall be sent by registered or certified mail with return receipt requested, addressed to:
Office of the Texas Attorney General Joseph Fiore (or his successor), Mail Code 044 Managing Attorney, Contracts Attorneys, Legal Counsel Division 5500 E. Oltorf Austin, Texas 78741
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10.2. Termination of Local Rule. The County agrees that the County local rule which deems that the part(y)(ies) to a Child support order (has) (have) made an application for Title IV-D Child Support services shall continue in effect until the termination of this Agreement (by whatever method such termination occurs).
1 OJ. Termination of Federal Waiver. The OAG agrees that termination of the Federal waiver which deems that the part(y)(ies) to a Child support order (has) (have) made an application for Title IV -D Child Snpport services shall not, by itself; constitute ground for termination of this agreement.
J 0.4. Post-Tcrmination Responsibilities. Both OAG and the County agree that, upon any termination of this Agreement, a smooth transfer of pending cases and of all related child snpport funds is in the best interest of the public being served. OAG and County therefore agree to cooperate throughout the posHennination period and to implement a reasonable transition plan (Attacbment Fourteen, a copy of which is attached hereto and included herein) designed to achieve an efficient transfer of cases, funds, and related il1.furmation in a timely manner. County agrees that, if requested by OAG, County will continue to provide services under this Agreement for an additional thirty (30) calendar days beyond the termination effective date. In such event the original termination effective date shall be extended pursuant to this provision.
10.5. Non-exclusive Remedy. Exercise by either party of its right of early termination docs not relieve either party of its obligations under this Agreement prior to its tennination.
11. INTELLECTUAL PROPERTY OWNERSfUP
11.1. All work performed pursuant to the "OAG Responsibilities" section and its subsections above, which is fimded by the OAG specifically including all software developed or prepared for use by the County under the tenns of this Agreemcnt, and during the term of this Agreement, is the exclusive property of the GAG. All right, title and interest in and to said property shall vest in the OAG upon creation. OAG grants to County a non-transferable and non-exclusive limited right to use the aforesaid property. County agrees that it will not otherwise copy or in any way duplicate the property, in whole or in part, except as expressly authorized to do so by prior written consent of the OAG. County shall not transfer or disclose the property to any other person or entity except for those employees of County who require such knowledge of the property in the ordinary course and scope of their erl1.ployment by County. To the extent that title to any such works may not, by operation oflaw, vest in the OAG, all right, title and interest in such works are hereby irrevocably assigned to the OAG. The GAG shall bave the right to obtain and to hold in its own name any and all patents, copyrights, registrations, or other such protection as may be appropriate to the subject matter, and any extensions and renewals thereof. The County agrees to give the OAG as well as any person designated by the OAG all assistance reasonably required to perfect the rights, title, and interest established by this "Intellectual Property Ownership" section, without any charge or expense beyond those amolmts payable to the County pursuant to the "Reimbursement of Certain Allowable Costs" and the "Federallncentive Payments" sections and their subsections above.
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12. MAXIMUM LIABILITY OF THE OAG
Under this Agreement, OAG liability for reimbursable expenses is limited to the amount for allowable IV-D costs incurred by the County subject to the federal financial participation rate.
Notwithstanding any other provision of this Agreement, the maximum liability of the OAG for reimbursable expenses under the tenns of this Agreement is Two Million Four Hundred Thirteen Thousand Three Hundred Thirty-One and 00/1 00 Dollars ($2,413,331.00).
13. NOTICES
13.1. Written Notice; Delivery. Any notice required or permitted to be given under this Agreement by one party to the other party shall be in writing and shall be addressed to the receiving party at the address hereinafter specified (except as provided in the "Discretionary Termination" section above). 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.
13 .2. County Address. The address for the County for all purposes under this Agreement and for all notices hereunder shall be:
The Honorable Clay Jenkins (or his successor in office) County Judge of Dallas County 411 Elm Street Dallas, TX 75202
with copies to (registered or certified mail with return receipt is not required for copies):
Angela Igrisan (or her successor in office) Executive Director Dallas County Domestic Relations Office 600 Commerce St, Suite 128 Dallas, TX 79602
13.3. OAG Address. The address for the OAG for all purposes under this Agreement and for all notices hereunder (except as provided in the "Discretionary Tennination" section above) shall be:
Alicia Key (or her successor in office) Deputy Attorney General for Child Support Office of the Attorney General P.O. Box 12017 Austin, TX 78711 -201 7
with copies to (registered or certified mail with retum receipt is not required for copies):
Joseph Fiore (or his successor in office)
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Managing Attorney, Contracts Attorneys, Legal Counsel Division Office of the Attorney General P,O, box 12017 Austin, TX 78711-2017
13.4, Change of Notice Address, Each party may change the address for notice to it by giving notice of the address change as provided in this section. Notices of change of address shall be effective on the tenth (1oth) calendar day following receipt of such notice.
14. CONTROLLED CORRESPONDENCE
In order to track and document requests for decisions and/or information pertaining to this Contract, and subsequent response to those requests, the OAG and the County shall use Controlled Correspondence. The OAG shall manage the Controlled Correspondence for this Contract. For each Controlled Correspondence document, the OAG shall assign a tracking number and the docunlent shall be signed by the appropriate party's Contract Manager.
Controlled Correspondence shall not be used to change pricing or alter the terms of this Contract. Controlled Correspondence shall not be the basis of a claim for equitable adjustment of pricing. Any changes that involve the pricing or the terms of this Contract must be by a Contract amendment. However, the Controlled Correspondence process may be used to document refinements and interpretations of the provisions of this Contract and to document the cost impacts of proposed changes.
Controlled Correspondence documents shall be maintained by both Parties. Any communication not generated in accordance with such process shall not be binding upon the Parties and shall be of no effect.
15. CONTRACT MANAGERS AND LIAISON PERSONNEL
15,1. The OAG Contract Manager
Karla McDougal (or her successor in office) CSD-Government Contracts Office of the Attomey General PO Box 12017, Mail Code 062 Austin, TX 78711 [email protected]
J 5.2, The County Contract Manager
Angela Igrisan (or her successor in office) Executive Director Dallas County Domestic Relations Office 600 Commerce St, Suite 128 Dallas, TX 79602 [email protected]
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15.3. The OA G Property Liaison
Dawn Moss (or her successor in office) CSD-Goverrunent Contracts Office of the Attorney General PO Box 12017, Mail Code 062 Austin, TX 78711 Dawn [email protected]
15.4. The County Property Liaison
Linda Bailey (or her successor in office) Manager Dallas County Domestic Relations Office 600 Commerce St, Suite 128 DalJas, TX 79602 [email protected]
The County and the OAG shall designate Contract Managers and liaison personnel for this Agreement. The designated liaisons shall serve as the initial point of contact for any inquiries made concerning property management. The Contract Managers shalJbe the initial point of contact for all other matters. The Contract Managers and liaisons at the commencement of this Agreement are named. Subsequent changes in Contract Managers or liaison personnel shall be communicated by the respective parties by Controlled Correspondence.
16. GENERAL REQUIREMENTS
16.1. Procedures for Handling of Money. The County shall institute or continue to require, throughout the term of this Agreement, fiscal procedures which separate the cash handling and accounting functions. These procedures shall, at a minimum, comply with the requirements of 45 C.F.R. §302.20 and with other federal and state requirements for cash handling and accounting.
16.2. Use of IV -D Resources. All materials, property, personnel or services provided by the OAG shall be used by the County exclusively in the performance of this Agreement in the IV-D program.
16.3. Supervision of Staff County staff and other County-provided personnel, including but not limited to private contractors retained by the County, are wlder the direction and supervision of the County. The purpose of contacts between OAG employees and the County IV -D staff is communication, technical assistance and overall contract mouitoring, and not for the purpose of supervision of the work of County personnel.
16.4. Budgetary Limitations. County will cooperatively provide the agreed to services for the Qualifying CSE Caseload. Notwithstanding any ather term 01' condition of this Agreement, these services are subject to annual appropriation of funding by Commissioners Court into Dallas County Domestic Relations Office budget to effectively administer and enforce the
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agreed upon caseload. In the event such appropriation is not made, County's obligations (except for its obligation to implement, in conjunction with the OAG, the transition plan developed in accordance with the Post-Termination Responsibilities section above) under this Agreement shall end simultaneous with the termination of such appropriation. County shall notify OAG in writing of its decision to terminate funding within ten (10) days of the date that the decision to terminate funding is made, OAG (concomitantly with the cessation of County's obligations under this Agreement) shall have no further obligations under this Agreement except for its obligation to implement, in conjunction with the County, the transition plan developed in accordance with the Post-Termination Responsibilities section above,
All obligations of the OAG are subject to the availability of legislative appropriations and, to the availability of federal funds applicable to this Agreement. 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 th.e 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 andlor the State Disbursement Unit Strategy andlor federal funds are not sufficient to continue operations without any operational reductions, the OAG, in its discretion, may terminate this contract, either in whole or in part. In the event of such termination, the OAG's obligations (exce.pt for its obligation to implement, in conjunction with the County, the transition plan developed in accordance with the Post-Termination Responsibilities section above) under this Agreement shall end simultaneous with the termination of either appropriated funds or federal funds and OAG shall notify County within ten (10) days of such fact in writing. County (concomitantly with the cessation of OAG's obligations under this Agreement) shall have no further obligations under this Agreement except for its obligation to implement, in conjunction with the OAG, the transition plan developed in accordance with the Post-Termination Responsibilities section above,
16,5, Property Management, Accountability and Maintenance,
16,5.1. All equipment provided by the OAG under this Agreement (including but not limited to personal computers, hard ware, peripheral devices, and software) shall remain the property of the OAG and all titles and rights remain with the OAG. Prior to installation of OAG equipment, County shall verify the asset information listed on the OAG Interdepartmental Equipment Transfer (IbET) form (Attachment Four; incorporated herein and made a part hereof), provide the OAG with the physical address and actual locaiion of each piece of OAG provided equipment, and acknowledge County's receipt, as well as, fiduciary and pecuniary responsibility with its signature, Forms shall be returned, with original signature, to OAG Property Liaison. OAG shall provide through the OAG Property Liaison on a monthly basis a listing of all OAG inventoried equipment provided to County, County shall verify these monthly inventory reports and return them to the OAG Property Liaison. County shall designate a custodian for the equipment and respond to all OAG inventory and custodian verification requests within five (5) working
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days of receipt of the request. In the event that the physical address or actual location of any piece of equipment changes, County agrees to provide the new physical address or new actual location to the OAG within five (5) working days.
16.5.2. County shall maintain a control system to insure adequate safeguards to prevent loss, damage, or theft of the equipment. In the case of equipment with an OAG inventory tag, County shan have each person provided with such equipment complete an Acknowledgment of Custodianship of Office of the Attorney General Equipment form (Attachment Five; incorporated herein and made a part hereof). Forms shall be returned to OAG Property Liaison. County shall report any loss, damage or theft of the equipment to OAG within one (l) workday of discovery of same. County shall be liable for any loss, damage or theft of the equipment due to the negligent or intentional wrongful acts of or the failure to exercise reasonable care for the equipment's safekeeping on the part of County, its agents or its contractors: In the event of missing property, the County Property Liaison shall make every attempt to locate the item. If the missing item is not found within one (ll work day a Lost or Stolen Property Report (Attachment Six; incorporated herein and made a part hereof) shall be submitted to the OAG Property Liaison. Ifthere is a suspiciol1l of theft, County shall notify the local police department immediately and a copy of the police incident report shall also be submitted to the OAG Property Liaison.
16.5.3. Equipment provided to County by OAG under this Agreement may only be used for IVD functions.
16.5.4. County shall comply with all license agreements associated with ~AG-provided software and shall not install any softwarc upgrades or programs on any hardware provided by OAG.
16.5.5. OAG shall have all reasonable rights of access to the equipment provided by OAG during County's normal business hoUJrs.
16.5.6. County shall assist OAG in complying with the federal unifonn standards governing management and disposition of property furnished by or whose cost was charged directly to a project supported by funding administered by the U.S. Department of Health and Human Services as well as all applicable state requirements governing the procurement, management, and disposition of property. Such requirements include marking such property, maintenance of detai[ed inventory records, and completion of a physical inventory. Property subject to this requirement includes any and all fixed assets or other property procured with the aid of federal funds. All disposition of OAG provided equipment will be performed by OAG.
16.5.7. County shall maintain and administer in accordance with good business practices a program for the protection and preservation of property provided to County in the performance of this Agreement. Repairs and maintenance of the OAG provided equipment shall be the responsibility of OAG.
16.6. Modification. Tbis Agreement may be modified by mutual agreement of the parties at anytime, provided that said modification shall be made in a written addendum to this
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Agreement signed by both parties,
16,7, Confidentiality and Security Provisions,
16,7.1, General,
16,7.1,1, Both OAG and County recognize and assume the duty to protect and safeguard confidential infonnation, Confidential information specifically includes personally identifiable information such as Social Security Number, full name, date of birth, home address, account number, and case status. Each entity acknowledges that the loss of confidentiality, integrity and availability of information assets is a risk which can be minimized by effective security safeguards and enforced compliance with information security policies, standards and procedures,
16,7.1.2. OAG recognizes that County has existing statutory responsibilities to maintain confidentiality ofrecords related to state district courts Guvenile, family, probate, civil and criminal), county courts and national and state criminal records (FBI, NCIC, TCIC). OAG also recognizes that County has existing processes and procedures that ensure the security and confidentiality of this information and data and is subject to security audits or assessments by these authorities,
16.7,1,3. This agreement requires County to retrieve data from the courts and other sources and create data within TXCSES,
16,7,1.4, County acknowledges and agrees to protect OAG Data as confidential. All references to "OA G Data" shall mean all data and information (i) originated by OAG andlor submitted to County by or on behalf of OAG, or (ii) whicb County accesses from OAG systems in connection with provision oflhe Agreement Services. OAG Data does not include data and infonnation originated by County in the perfonnance of its duties. Upon request by OAG, County shall execute and deliver any docwnents that may be necessary or desirable under any law to preserve or enable OAG to enforce its rights with respect to OAG Data. Tex, Gov'! Code Chapter 552 defines the exclusive mechanism for determining whether OAG Data are subject to public disclosure, However, data that is publicly known and generally available to the public is not subject to these Confidentiality and Security Provisions.
16.7,1.5, If any term or provision of this Confidentiality and Security Provision, shall be found to be illegal or unenforceable, it shall be deemed independent and divisible, and notwithstanding such illegality or unenforceability, all other terms or provisions in this Confidentiality and Security Provision, shall remain in full force and effect and sucb illegal or unenforceable term or provision shall be deemed to be deleted.
16,7, 1 ,6, County shall develop and implement access protection lists. The access protection lists shall document the name and other identifying data for any individual, authorized pursuant to County's request, to access, use or disclose
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OAG Data, as well as any special conditions and limitations applicable to each authorization. County shall remove individuals from or change the access rights ofindividuals on the access protection list immediately upon such individual no longer requiring access. At least monthly, OAG shall send County a list of TXCSES users and County shall review and update its access protection lists and ensure that the access protection lists accurately reflect the individuals and their access level currently authorized. County shall notifY OAG of the authorized personnel that should have access rights to OAG Data and information in the method prescribed by OAG. County will immediately notify OAG when an individual's access to OAG systems is no longer relevant. OAG, in its sole discretion, may deny or revoke an individual's access to OAG Data and information and any of its systems.
16.7.1.7. County shall perfonn background reviews, to include a criminal history record review, on all County employees who will have access to OAG Data and information, and any OAG system. County shall certify to OAG that such reviews have heen conducted and that in County's opinion the aforesaid employees are decmed trustwortllY, County may request OAG to perform such reviews. In such instances, County shall provide OAG with any required information, consent and authorization to perform the reviews and OAG shall perform the reviews at its own expense,
16.7.1 .8. All references to "Agreement Services" shall include activities within the scope of this Agreement.
16.7,1.9. 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 lirnited 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 J075 (Rev. 8-20]0) and § 23U08 of the Texas Family Code, each as currently written or as may be amended, revised or enacted. County shall also comply with OAG policy, processes and procedures concerning the safeguarding and confidentiality of information, and computer security (including the posting of Attachment Thirteen, "IRS Notice", in all County work areas affected by this Agreement and any requirements set forth in Attachment Seven, entitled "United States Internal Revenue Service Requirements for the Safeguarding of Federal Tax Information Including Federal Tax Returns and Return Information"). The requirements of these Confidentiality and Security Provisions shall be included in, and apply to, subcontracts and agreements County has with anyone performing Agreement Services on County's behalf.
16.7.1.1 O. This Agreement is between County and OAG, and is not intended to create any independent cause of action by any third party, individual, or entity against OAG or County.
16.7.2. OAG Data Usage and Storage.
16.7.2.1. County agrees to maintain physical security for OAG data by maintaining an
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environment designed to prevent loss or unauthorized removal of data. County shall ensure that all persons having access to data obtained from OAG Systems are thoroughly briefed on related security procedures, use restrictions, and instructions requiring their awareness and compliance. County shall ensure that all County personnel having access to OAG Data receive annual reorientation sessions when offered by the OAG and all County personnel that perfonn or are assigned to perform Agreement Services shall re-execute,andlor renew their acceptance of, all applicable security documents and to ensure that they remain alelt to all security requirements. County personnel shall only be granted access to OAG Systems after they have received all required security training, read the OAG Data Security Policy Manual (Attachment Eight), 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 Nine), and read and signed the IRS Infonnation Notification Fonn (Attachment Ten).
16.7.2.2. OAG Data are not allowed on mobile/remote/portable storage devices; nor may storage media be removed from the facility used by County. Any exception to this prohibition must have OAG prior approval. Such approval may only be granted by Controlled Correspondence or Contract amendment. This prohibition does not apply to County Infonnation Systems backup procedure. County Infonnation Systems backup procedure is snbject to the United States Internal Revenue Service requirements set forth in IRS Pnblication 1075 (Rev.8/2010) and Attachment Seven entitled "United States Internal Revenue Service Requirements for the Safeguarding of Federal Tax Information Including Federal Tax Returns and Return Infonnation".
16.7.2.3. County stipulates, covenants, and agrees that it will not access, use or disclose OAG Data beyond its limited authorization, or for any purpose not necessary for the perfonnance of its duties under this Agreement. Without ~AG's approval (in its sole discretion), County will not: (i) use OAG Data other than in connection with providing the Agreement Services; (ii) disclose, sell, assign, lease, or otherwise provide OAG Data to third parties, including any local, state, or Federal legislative body; (iii) commercially exploit OAG Data or allow OAG Data to be corrunercially exploited; or (iv) create, distribnte or use any electronic or hard copy mailing list of OAG Customers for purposes other than in connection with providing the Agreement Services. However, nothing in this agreement is intended to restrict County from perionning its other authorized duties. For example, the duty to disseminate copies of court orders to requesting parties that necessarily includes data such as names and addresses. In the event that County fails to comply with this subsection, OAG may exercise any remedy, including immediate termination of this Agreement.
16.7.2.4. County agrees that it shaH comply with all state and federal standards regarding the protection and confidentiality of OAG Data as currently effective, subsequently enacted or as may be amended. OAG Data accessed shall always be maintained in a secure environment (witb limited access by authorized personnel both during work and non-work hours) using devices and methods such
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as, but not limited to: alarm systems, locked containers of various types, fireproof safes, restricted areas, locked rooms, locked buildings, identification systems, guards, or other devices reasonably expected to prevent loss or unauthorized removal of manually held data. County shall also protect against unauthorized use of passwords, keys, combinations, access logs, and badges. Whenever possible, computer operations must be in a secure area with restricted access. In situations such as remote terminals, or office work sites where all of the requirements of a secure area with restricted access cannot be maintained, the equipment shall receive the highest level of protection.
16.7.3. OAG Data Retention and Destruction. and Public Information Requests.
16.7.3.1. Within ninety (90) calendar days of this Agreement's execution, County and OAG shall develop a detailed schedule for the retention and possible destruction of OAG Data. The schedule will be based upon the Agreement Services being perfonned and the County's limited authorization to access, use, and disclose OAGData.
16.7.3.2. Any destruction or purging of OAG Data shall be destroyed andlor purged in accordance with state and federal statutes, rules and regulations. Within ten (10) business days of destruction or purging, County will provide the OAG with a signed statement(s) containing the date of destruction or purging, description of OAG Data destroyed or purged, and the methodes) used.
16.7.3.3. In the event of Agreement expiration or termination for any reason, County shall ensure the security of any OAG Data remaining in any storage component to prevent unauthorized disclosures. Within twenty (20) business days of Agreement expiration or termination, County shall provide OAG with a signed statement detailing the nature of the OAG Data retained, type of storage media, physical location( s), and any planned destruction date.
16.7.3.4. County expressly does not have any actual or implied authority to determine whether any OAG Data are public or exempted from disclosure. County is not authorized to respond to public information requests which would require disclosure of otherwise confidential information on behalf of the OAG. County agrees to forward to the OAG, by facsimile within one (l) business day from receipt all request(s) for information associated with the County's services under this Agreement. County shall forward any information requests to:
Public Information Coordinator Office of the Attorney General Fax (512) 494-8017
16.7.4. Security lncidents.
16.7.4.1. Response to Security Incidents.
16.7.4.1.1. County shall respond to detected security incidents. The term "security
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incident" means an occurrence or event where the confidentiality of OAG Data may have been compromised. County shall maintain an internal incident response plan to facilitate a quick, effective and orderly response to information security incidents .. The incident response plan should cover such topics as:
1. Initial responders 2. Containment 3. Management Notification 4. Documentation of Response Actions 5. Expeditious confirmation of system integrity 6. Collection of audit trails and similar evidence 7. Cause anal ysis 8. Damage analysis and mitigation 9. hlternal Reporting Responsibility 10. External Reporting Responsibility 11. OAG Contract Manager's and OAG CISO's name, phone number and email address
Attachment Eleven is County's current internal incident response plan. Any changes to this incident response pIau require OAG approval (which approval shall not be unreasonably withheld) and may be made by Controlled Correspondence
16.7.4.2. Notice.
16.7.4.2.1. Within one (1) hour of concluding that there has been, any OAG Data security incident County shall initiate damage mitigation and notify the OAG Chief Information Security Officer ("OAG CISO") and the OAG Contract Manager, by telephone and by email, of the seourity incident and the initial damage mitigation steps taken. Current contact information shall be contained in the Incident Response Plan.
16.7.4.2.2. Within twenty-four (24) hours of the discovery, County shall conduct a preliminary damage analysis of the security incident; commence an investigation into the incident; and provide a written report to the OAG CISa, with a copy to the OAG Contract Manager fully disclosing all information relating to the security incident and the results of the preliminary damage analysis. This initial report shall include, at a minimum: time and nature of the incident (e.g., OAG data loss/corruption/intrusion); cause(s); mitigation efforts; corrective actions; and estimated recovery time.
16.7.4.2.3. Each day thereafter until the investigation is complete, County shall: (i) provide the OAG CISO, or the OAG CISO's designee, with a daily oral or email report regarding the investigation status and current damage analysis; and (ii) confer with the OAG CISO, or the OAG CISO's designee, regarding the proper course of the investigation and damage mitigation.
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16.7.4.2.4. Whenever daily oral reports are provided, County shall provide, by close of business each Friday, an email report detailing the foregoing daily requirements.
16.7.4.3. Final. Report.
16.7.4.3.1. Within five (5) business days of completing the damage analysis and investigation, County shall submit a written Final Report to the OAG CISO with a copy to the OAG Contract Manager, which shall include:
16.7.4.3.1.1. A detailed explanation ofthe cause(s) of the security incident;
16.7.4.3 .1.2. A detailed description of the nature of the security incident, including, but not limited to, extent of intruder activity (such as files changed, edited or removed; Trojans), and the particular OAG Data affected; and
16.7.4.3.1.3. A specific cure for the security incident and the date by which such cure shall be implemented, or if the cure has been put in place, a certification to OAG that states the date County implemented the cure, a description of how the cure protects against the possibility of a recurrence, and that County's security program is operating with tbe effectiveness required to assure that the security, confidentiality and integrity of OAG Data are protected.
16.7.4.3.2. If the cure has not been put in place by the time the report is submitted, COUllty shall within five (5) business days after submission of the final report, provide a certification to OAG that states the date County implemented the cure, a description of how the cure protects against the possibility of a recurrence, and that County's security program is operating with the effectiveness required to assure that the security, confidentiality and integrity of OAG Data are protected.
16.7.4.3 .3. If COUllty fails to provide a Final Report or Certification witbin fifteen (15) calendar days of the security incident, County agrees that OAG may exercise any right, remedy or privilege wbich may be available to it under applicable law of the State and any otber applicable law. The ex.ercise of any of the foregoing remedies will not constitute a termination of this Agreement unless OAG notifies County in writing prior to the exercise of such remedy.
16.7.4.4. Independent Right to Investigate.
16,7.4.4.1. OAG reserves the right to conduct an independent investigation of any security incident, and should OAG choose to do so, County shall cooperate fully, making resources, personnel and systems access available. If at all possible, OAG will provide reasonable notice to County that it is going to conduct an independent investigation.
16.7.4.5.
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16,7.5.
1 2 1
Security Audit.
16,7.4,5,1. Right to Audit, Invcstigate and Inspect the Facilities, Operations, and Systems Used in the Performance of Agreement Services,
16,7.4,5,1. L County shall permit OAG, the State Auditor of Texas, the United States Internal Revenue Service, the United States Department of Health and Human Services and the Comptroller General of the United States to:
16,7.4.5,1.2, monitor and observe the operations of, and to perform security investigations, audits and reviews of the operations and records of, the County;
16,7.4.5.1 J, inspect its information system in order to access security at the operating system, network, and application levels; provided, however, that such access shall not interfere with the daily operations of managing and running the system;
16,7.4.5.1 A. enter into the offices and places of business of County and County's subcontractors for a security inspection of the facilities and operations used in the performance of Agreement Services, Specific remedial measures may be required in cases wbere County or County's subcontractors are found to be noncompliant with physical andlor OA G data security protection,
16,7.4.5,1,5, When OAG performs any of the above monitoring, observations, and inspections, OAG wilJ provide County with reasonable notice that conforms to standard business audit protocol. However prior notice is not always possible when such functions are perfonned by the State Auditor of Texas, the United States Internal Revenne Service, the United States Department of Health and Human Services and the Comptroller General of the United States, In those instances the OAG will endeavor to provide as much notice as possible but the right to enter without notice is specifically reserved,
16,7.4SI.6, Any audit of documents shall be conducted at County's. principal place of business andlor the location(s) of County's operations during County's normal business hours and at OAG's expense, County shall provide on County's premises, (or if the audit is being performed ofa County's subcontractor, the County's subcontractor's premises, if necessary) the physical and technical support reasonably necessary for OAG auditors and inspectors to perform their work
Remedial Action,
16,7.5,1. Remedies Not Exclusive and Iniunctive Relief
16,7,5, 1,1. The remedies provided in this section are in addition to, and not
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exclusive of, all other remedies available within this Agreement, or at law or in equity. ~AG's pursuit or non-pursuit of anyone remedy fur a security incident(s) does not constitute a waiver of any other remedy that OAG may have at law or equity.
16.7.5.1.2. If injunctive or other equitable relief is available, then County agrees that OAG shall not be required to post bond or other security as a condition of such relief.
16.7.5.2. Notice to Third Parties.
16.7.5.2.1. Subject to OAG review and approval, County shall provide notice to individuals whose personal, confidential, or privileged data were compromised or likely compromised as a result of thc security incident, with such notice to include: (i) a brief description of what happened; (ii) to the extent possible, a description of the types of personal data that were involved in the security breach (e.g., full name, SSN, date of birth, home address, account number, etc.); (iii) a brief description of what is being done to investigate the breach" mitigate losses, and to protect against any further breaches; (iv) contact procedures for those wishing to ask questions or learn additional data, including a telephone number, website, if available, and postal address; and, (v) instructions for accessing the Consumer Protection Identity Theft section of the OAG website. County and OAG shall mutually agree on the methodology for providing the notice.
16.7.5.2.2. County shall be responsible for responding to and following up on inquiries and requests for further assistance from persons notified under the preceding section.
16.7.5.2.3. If County does not provide the required notice, OAG may elect to provide notice of the security incident. County and OAG shall mutually agree on the methodology for providing the notice. Costs (excluding personnel costs) associated with providing notice shall be reimbursed to OAG by County. If County does not reimburse such cost within thirty (30) calendar days of request, OAG shall have the right to collect such cost. Additionally, OAG may collect such cost by offsetting or reducing any future payments owed to County.
16.7.6. Commencement of Legal Action.
16.7.6.1. County shall not commence any legal proceeding on ~AG's behalf outside the scope of the Agreement Services without ~AG's express written consent. OAG shall not commeuce any legal proceedings on County's behalf without County's express written consent.
16.7.7. Survival of Provisions.
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16.8.
16.9.
16.10.
16.11.
16.12.
16.13.
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16.7.7.1. Perpetual Survival and Severability.
16.7.7.1.1. OAG rights and privileges applicable to OAG Data, including the confidentiality and security thereof, shall survive expiration or any termination of this Agreement, and shall be perpetual.
Political Activities. As required by 5 U.S.C. § 1501 et seq., none of the resources contributed by the OAG or the County pnrsuant to this Agreement shall be used in the performance of any partisan political activity or to further the election or defeat of any candidate for public office.
Acknowledgment of Funding. The County agrees to place in any literature describing the services covered under this Agreement (as well as in all reports of investigations, studies, and other materials) notices acknowledging the funding provided by the OAG and the federal Office of Child Support Enforcement to the County. Such notices also shall be placed in the County's annnaJ reports. All such literature, reports, and other materials shall be the joint property of the parties to this Agreement.
Assignment. Neither this Agreement nor any rights, services, duties or responsibilities hereunder shal.l be assigned or delegated by either party in whole or in part without the prior written consent of the other party.
Subcontracting. The County shall not subcontract any portion of the IV-D services to be performed under this Agreement without the prior written approval of the OAG. All subcontracts, if any, entered into by the County shall be written and competitively advertised. Any subcontract entered into by the Connty shall be subject to the requirements of this Agreement. "!be County agrees to be responsible to the OAG for the performance of any subcontractor and remains bonnd to perform the duties described in any subcontract regardless of whether the subcontractor breaches in its perfonnance. The County understands and acknowledges that the OAG is in no manner liable to any subcontractor of the County.
Compliance with Other Requirements. The County shall comply with all federal and state laws, rules, regulations, requirements and guidelines applicable to County: (1) performing its obligations herennder and to assure, with respect to its performances hereunder, that the OAG is fully and completely meeting obligations imposed by all laws, rules, regulations, requirements, and guidelines upon the OAG in carrying out the lCSS program pursuant to Chapter 231 of the Texas Family Code and Title IV, Part D, of the Social Security Act of1935, as amended; (2) providing services to OAG as these laws, ruJes, regulations, requirements and guidelines currently exist and as they are amended throughout the term of this Agreement. Notwithstanding anything to the contrary in this Agreement, OAG reserves the right, in its sole discretion, to unilaterally amend this Agreement throughout its term to incorporate any modifications necessary for OAG's or County's compliance witb all applicable state and federal laws, rules, regulations, requirements and guidelines.
Computer Generated Data Disclaimer.
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THE OAG MAKES NO REPRESENTATION AND NO WARRANTIES, EITHER EXPRESS OR IMPLIED, AS TO THE ACCURACY OF COMPUTER GENERATED DATA, AND EXPRESSLY DISCLAIMS ALL IMPLIED WARRANTIES, IF ANY, OF MERCHANTABILITY AND FITNESS FOR ANY PARTICULAR PURPOSE.
COUNTY MAKES NO REPRESENTATION AND NO WARRANTIES, EITHER EXPRESS OR IMPLIED, AS TO THE ACCURACY OF COMPUTER GENERATED DATA, AND EXPRESSLY DISCLAIMS ALL IMPLIED WARRANTIES, IF ANY, o.F MERCHANTABILITY AND FITNESS FOR ANY PARTICULAR PURPOSE.
NEITHER PARTY SHALL BE LIABLE FOR ANY LOST PROFITS, LOST SAVINGS OR OTHER CONSEQUENTIAL DAMAGES, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF OR COULD HAVE FORESFAr.N SUCH DAMAGES. BOTH PARTIES AGREE HIA T THE SOLE AND EXCLUSIVE REMEDIES FOR ANY COMPUTER INFORMATION PROBLEM SHALL BE EITHER (1) THE CORRECTION OF THE SOURCE OF THE COMPUTER RELATED PROBLEM, BY TRE PARTY WITH CONTROL OF THE SOURCE OR THE ERROR, OR (2) TERMINATION OF THIS AGREEMENT.
16.14. Independent Contractor. It is expressly understood and agreed by the parties hereto that the County is an independent contractor. It is further expressly understood and agreed that any County personnel employed or retained to carry out the terms ofthis Agreement are deemed to be the employees and/or agents of the County for the purposes of retirement benefits, bealth insurance, all types of leave, and for any aod all other purposes.
16.15.
16.16.
16.17.
Civil Rights. County agrees that no person shall, on the ground of race, color, religion, sex, national origin, age, disability, political affiliation, or religious belief, be excluded from the participation in, be denied the benefits of, be subjected to discrimination under, or be denied employment in the administration of, or in connection with, any program or activity funded in whole or in part with funds available under this Agreement. County shall comply with Executive Order 11246, "Equal Employment Opportunity" as amended by Executive Order J 1375, "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 shaH ensure that all subcontracts comply with the above referenced provisions.
Environmental Protection. County shall be in compliance with all applicable staodards, orders, or requirements issued pursuant to the mandates of the Clean Air Act (42 U.S.C. Section 7401 et seq.) and the Federal Water Pollution Control Act, as amended, (33 U.S.C. 1251 el seq.).
Certain Disclosures Concerning Lobbying. County shall comply with the provisions of a
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16.18.
125
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 sign and return the Certification Regarding Lobbying included in this Agreement as Attachment Twelve. 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.
Dispute Resolution Process for County Breach of Contract Claim
16.18.1. 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.
16.1 &.2. A County claim for breach of this Agreemcnt that the parties cannot resolve in the ordinary course of business shall be submitted to the negotiation process provided in Chapter 2260, subchapter B, oflhe 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 120 [7 (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 County otherwise entitled to notice under this Agreement. Compliance by 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.
16.18.3. The contested case process provided in Chapter 2260, subchapter C, of the Government Code is the County's sole and exclusive process for seekillg a remedy for any and all alleged breaches of contract by the OAG if the parties are unable to resolve their disputes under the immediately preceding section.
16.18.4. Compliance with the contested case process provided in subchapter C is a condition precedent to seeking consent to sue from the Legislature under Chapter l07 of the Civil Pnictices and Remedies Code. Neither the execution of this Agreement by the OAG nor any other conduct of any representative of the OAG relating to the Agreement shall be considered a waiver of sovereign immunity to suit.
16.18.5. The submission, pro-cessing 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.
16.18.6. Neither the occurrence of an event nor the pendency of a claim constitutes
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16.19.
16.20.
16.21.
126
grounds for the suspension of performance by County, in whole or in part.
News Releases or Pronouncements. News releases and/or advertisements, publications, declarations and any other pronouncemenl~, not required by law, pertaining to this transaction by the County, using any means or media, must be approved in writing by the OAG prior to public dissemination.
Certification Regarding Debarment, Suspension. Ineligibility, and Voluntary Exclusion from Participation in Contracts Exceeding $100,000.00. County certifies by entering into this Agreement, that neither it nor its principals are 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.
Reporting Fraud, Waste or Abuse. The Contractor must report any suspected incident of fraud, waste or abuse associated with the performance of this Contract to anyone of the following listed entities:
the Contract Manager; the Deputy Director for Contract Operations, Child Support Division; the Director, Child Support Division; the Deputy Director, Child Support Division; the OAG Ethics Advisor;
the OAG's Fraud, Waste and Abuse Prevention Program ("FWAPP") Hotline (866-552-7937) or the FWAPP E-Mailbox([email protected]); the State Auditor's Office hotline for fraud (1-800-892-8348).
The report of suspected misconduct shall include (if known):
the specific suspected misconduct; the names of the individual(s)/entity(ies) involved; the date(s)llocation(s) of the alleged activity(ies); the names and all available contact information (phone numbers, addresses) of possible witnesses or other individuals who may have relevant information; and any documents which tend to support the allegations.
16.21.1. The words fraud, waste or abuse as used in this Section have the following meanmgs:
Fraud is the use of one's position for obtaining personal benefit (including benefit for family/friends) through the deliberate misuse or misapplication of resources or asset~.
Waste is the extravagant careless or needless expenditure of funds or consumption of property that results from deficient practices, system controls, or decisions.
Abuse, is the misuse of one's position, title or authority to obtain a personal benefit
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16.22.
16.23.
16.24.
16.25.
16.26.
16.27.
16.28.
127
(including benefit for family/friends) or to attempt to damage someone else.
Non-Waiver of Rights. Failure of a party to require performance by anotber party under tbis Agreement will not affect the rigbt of such party to require performance in tbe future. No delay, failure, or waiver of either party's exercise or partial exercise of any right or remedy under this Agreement shall operate to limit, impair, preclude, cancel, waive or otherwise affect such right or remedy. A waiver by a party of any breach of any term of this Agreement will not be construed as a waiver of any continuing or succeeding breac!). Should any provision ofthis Agreement be invalid or unenforceable, the remainder of tbe provisions will remain in effect.
Offshoring. All work to be performed under tbis Agreement shall be performed within the United States and its territories.
Section 2261.053, Government Code, prohibits tbe OAG from awarding a contract to any entity which, in the past five years, has been convicted of violating a federal law or assessed a penalty in connection with a contract involving relief for Hurricane Rita, Hurricane Katrina, or any other disaster, as defined by §418.Q04 of the Government Code, occurring after September 24,2005. Under §2261.053, Government Code, the County certifies that it is not ineligible to receive this Agreement and acknowledges tbat tbe Agreement may be terminated and payment withheld if this certification is inaccurate
Assignment of Claims. County hereby assigns to tbe OAG any claims for overcharges associated with this Agreement under 15 U.S.C. §l, of seq., and Tex. Bus. & Comm. Code §15.01, ef seq.
Certification Concerning Dealings with Public Servants. County, by signing this Agreement, certifies tbat it has not given nor intends to give at any time hereafter any economic opportunity, future employment, gift, loan, gratuity, special discount, trip, favor, or service to a public servant in connection witb tbis transaction.
Personnel Comportment. County and County subcontractor personnel and agents shall be oourteous and professional in all communications during their performance of tbe requirements of this Agreement. Any actions deemed unprofessional must be remedied to tbe satisfaction of the OAG Contract Manager. The OAG reserves the right, in its sole discretion, to require the immediate removal and replacement of any County and/or County subcontractor personnel and agents deemed by the OAG to be disoourteous, unprofessional, unsuitable or otherwise objectionable. Any replacement personnel assigned by County to perform services under this Agreement must have qualifications for the assigned position tbat equal or exceed those of the person being replaced
Applicable Law and Venue. County agrees tbat this Agreement in all respeots shall be govemed by and construed in accordance witb the laws of the State of Texas, except for its provisions regarding conflicts of laws. County also agrees that tbe exclusive venue and jurisdiction of any legal action or suit brought by County concerning this Agreement 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 cOllceming tbis Agreement shall be brougbt in a court of competent jurisdiction in
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16.29.
16.30.
16.31
16.32.
16.33.
128
Dallas County. County further agrees that all payments shall be due and payable in Travis County, Texas.
Headings. The headings for each section of this Agreement are stated for convenience only and are not to be construed as limiting.
Survival of Terms. Termination of this Agreement for any reason shall not release County from any liability or obligation set forth in this Agreement that is expressly stated to survive any such termination or by its nature would be intended to be applicable following any such termination.
Entire Agreement. This instrument constitutes the entire Agreement between the parties hereto, and all oral or written agreements between the parties hereto relating to the subject matter of this Agreement that were made prior to the execution of this Agreement have been reduced to writing and are contained herein.
Countemarts. This Agreement 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.
Attachments.
16.33.1 Attachment One is attached to this Agreement for the sole purpose of illustrating the allocation calculations which the OAG will perform in allocating any bonus allocations for incentive revenues earned by counties participating in cooperative agreements to enhance the delivery of IV -D services to Texas citizens.
16.33.2. Attachment Two, "Sampling Methodology for Quality and Efficiency Standards"
16.33.3. Attachment 'Three, "Certification ofLoeal Expenditures Report"
16.33.4. Attachment Four, "Inter-departmental Equipment Transfer" shall be verified or prepared and signed by County to acknowledge the movement of equipment and software between the County and the OAG.
16.33.5. Attachment Five, "Acknowledgment of Custodianship of Office of the Attorney General Equipment" form shall be completed by each person provided with equipment with an OAG inventory tag.
16.33.6. Attachment Six, "Lost or Stolen Property Report" shall be completed by County upon determination of OAG equipment being lost or stolen and forwarded to the OAG liaison.
16.33.7. Attachment Seven is the "United States Internal Revenue Service Requirements for the Safeguarding of Federal Tax Information Including Federal Tax Returns and Return Information".
16.33.8. Attachment Eight is the OAG Information Security Policy Manual which all
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County personnel obtaining access to the OAG system must read.
16.33.9. Attachment Nine represents the OAG Statement of Responsibility which all County personnel requesting access to the OAG system must complete and sign.
16.33.10. Attachment Ten, "IRS Information: Notification Form", shall be read and signed by all County Personnel requesting access to the OAG system.
16.33.11. Attachment Eleven is the County's "Internal Incident Response Plan" which shall be used to facilitate a quick, effective and orderly response to information security incidents.
16.33.12. Attachment Twelve, "Certification Regarding Lobbying", shall be signed by the County and returned with executed Agreement.
16.33.13. Attachment Thirteen, "IRS Notice", shall be posted by the County in all County work areas affected by this Agreement.
16.33.14. Attachment Fourteen, "Termination Transition Plan"
THIS AGREEMENT IS HEREBY ACCEPTED.
FOR THE COUNTY:
The Honorable Clay Jenkins County Judge, Dallas County
Date
Dallas County lCSS SFY2013·2014
FOR THE OFFICE OF THE ATTORNEY GENERAL:
Alicia G. Key Deputy Attorney General for Child Support
Date
Page 38 of38
ATTACHMENT ONE
SAMPLE Estimate County Share of Incentives
estimated estimated
, COlin Share (If F~!;terallncentlve$O!:
* County Cost Effectiveness must be equal to or greater than State cost effectiveness, based on ICSS Annual Reports and OSeE Reports * Projected Incentive X Applicable Percentage
-'-
w o
131
ATTACHMENT TWO
Sampling Methodology for Quality and Efficiency Standards
For the purposes of statistical sampling to determine Exceptional Performance, the OAG plans to evaluate the County's achievement of both the Minimum and Exceptional Quality and Efficiency (Q&E) Standards using statistical sampling and sample results evaluation as follows: • Cases an.dlor case activities where any Q&E Measurement is relevant for a specific month represent
a statistical population, and each sampled case or case activity is a sample item. • The OAG will select a sample and review sample items to assess achievement of the Minimum
Standard and Exceptional Standard in a manner that can be statistically generalized. The sample size and evaluation of sample results shall be based on a 95% confidence leveL The OAG may expand or contract sample sizes based upon bistorical and actual error rates for high volume performances of various Q&E requirements.
• Sample items will primarily be evaluated in terms of case processing attributes which result in Yes or No evaluations of each Q&E Minimum Standard and Exceptional Standard. Yes results represent Exceptional performance and No results indicates N on- exceptional performance.
• A count of sample items that are evaluated as Non-exceptional will be divided by the total sample size to calculate a Sampled Non- exceptional Performance Rate. This rate, subtracted from 100%, is the Sampled Exceptional Performance Rate.
• If the evaluation of sampled items for a Q&E measure clearly demonstrates achievement of the Exceptional Standard, then the OAG will pay the incentive amount set forth in the Quality and Efl:iciency Standards section of the contract.
• "Clearly demonstrates" means that the Sampled Non- exceptionalPerformanoe Rate has a margin of error where the upper limit is less than one-hundred percent (100%) minus the Exceptional Standard. For example:
o 100% minus the 96% Exceptional Standard for ENFORCEMENT is a 4% Contractual Non- exceptional Performance Rate
o For a given hypothetical month and county, assume there were five-hundred and sixty two cases (562) where enforcement action should have been taken or where service should have been completed during the month reviewed.
o Further, the County has historically had about a 1 % Non- exceptional Performance Rate. o Therefore, the OAG would sample eighty-one (81) sample items. o Assume that one (l) sample item had a No result of Non- exceptional performance to
yield a 1.23% Sampled Non- exceptional Performance Rate o Based on a 95% confidence level, the true Non- exceptional Performance Rate for all
ENFORCEMENT cases could range between virtually 0% and 3.64%. Because 3.64% is less than the Contractual Non- exceptional Performance Rate, the Sampled Nonexceptional Performance Rate supports OAG payment of the Quality and Efficiency Incentive.
• If the Sampled Non- Exceptional Performance Rate does not support OAG payment of the Quality and Efficiency incentive, then the OAG will expand its sample size up to the full population of relevant cases, until its review either supports payment or clearly demonstrates Non- Exceptional Perfonnance.
132
ICSS SFY20 Certification of Local Expenditures
County of ______ _ , Fiscal Year 20_
ATTACHMENT THREE
From __________ To ________ _
Actual Local Expenditures for FY 20_
Salaries and Fringe $ Bellefits Travel $
Operatillll: Expenses $ Indirect Cost $
Other (Please Describe) $ FisealYear 'to~!l.1 $
Verification
1 DO SOLEMNLY SWEAR THAT the foregoing Financial Statement filed herewith is in all things true and correct, and fully shows all information required to be reported pursuant to Contract # ______ .. _. ___ ..
Signature of Affi ant
SWORN AND SUBSCRIED BEFORE ME BY ____ . this
___ day of ______ , 20 , to certifY which, witness my hand and seal.
Notary Public in and for
___ County, Texas
133
ATTACHMENT FOUR
INTER-DEPARTMENTAL EQUIPMENT TRANSFER
Inventory Serial Receiving Employee Number Description Number Location
n Transferred VIA ISSS Mail UPS Freight Line S8D Movers Contract movers Other
Interim Signature: Remarks:
Transferring Division Code Division Name
Receiving Division Code Division Name
Approved for Transferring Office by: Date:
Approved for Receiving Office by: Date:
Property Manager's Signature: Date:
134
ACKNOWLEDGMENT OF CUSTODIANSHIP A TTORNEY GENERAL OF TEXAS
ATTACHMENT FIVE
1, ______________ ' personally acknowledge that I have custody of a
Computer (Inventory numher _________ , serial
printer (Inventory numher _______ , serial # ________ ~),
fax macbine (Inventory numher _______ , serial # ________ -!),
and/or other equipment (modem, tape drive, router, etc.)
(Inventory numher ______ serial # _________ .J»), on this
__ day _______ 19 __ .
I acknowledge that the above-described equipment has been instolled at'--___ _
I agree to accept responsibility for the security and protection of the above-described
equipment. If any of the equipment is lost, damaged, or stolen or if any of the equipment Illust be
moved from the location of installation, I will contact Property Management of tbe Office of
tbe Attorney General. I agree to restrict the use of the above-described equipment to the
processing of Title IV-D child support cases. I recognize that tbe Office oUbe Attorney
General shall retain legal title to the above-described equipment. I agree to follow tbe
requirements set out in 45 CFR Part 74, for the Property Management policies
and procedures, as well as any other applicable state or federal laws or regUlations.
Custodian Name (Print or Type)
Custodian Signature
135
ATTACHMENT SIX Attorney General of Texas
LOST OR STOLEN PROPERTY REPORT (TO BE COMPLETED WITHIN 24 HOURS OF DISCOVERY)
oj\G SliJCUllI:n'l'lI~ NO. . FORSJi:ClJRm lJSIC ONLY
Date of Report: ____________ _
Division Name: ____________ Room
Street Name: ___________ City/State: _______ _
Location ofProperty: ________ Date and Time Missed: ___ _
Property last used or observed:
Person Property assigned to: _
Description of lost/stolen property: _
Name of Police Agency notified: _____ Offense Report #: ____ _ Description of Property Persona OAG Serial Number
or State Inventory #
2
3
,
6
Cost at Time of Purchase
REPORT IN DETAIL: -------------------------------------------
Reported By: TitlelDepL: Address: Phone #: ____________ _
MAKE IN TRIPLICATE AND SEND ORlGINAL TO PROPERTY MANAGEMENT IN THE SUPPORT SERVICES DIVISION, ONE COPY TO THE INTERNAL SECURITY AND INVESTIGATIONS DIVISION, THEN KEEP ONE COPY FOR YOUR FILES.
FORM 16-041 fobrua1)' 1994
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ATTACHMENT NUMBER SEVEN IRS Requirements for Safeguarding FTI
UNITED STATES INTERNAL REVENUE SERVICE REQUIREMENTS FOR THE SAFEGUARDING OF FEDERAL TAX INFORMA nON INCLUDING FEDERAL TAX
RETURNS AND RETURN INFORMATION I. PERFORMANCE In performance of this contract, the contractor agrees to comply with and assume responsibility for compliance by his or her employees with the following requirements: (1) AJI work will be done under the supervision of the contractor or the contractor's responsible employees. (2) Any Federal tax returns or return information (hereafter referred to as returns or return information)
made available shall be used only for the purpose of carrying out the provisions of this contract.
Information contained in such material shall be treated as confidential and shall not be divulged or made
known in any manner to any person except as may be necessary in the perfDrmance Df this contract.
Inspection or disclosure to anyone other than an officer or employee of the contractor is prohibited.
(3) All returns and return information will be accounted for upon receipt and properly stored before, during, and after processing. In addition, all related output will be given the same level of protection as required for the source material. (4) No work involving returns or return information furnished undcr this contract will be subcontracted without prior written approval of the IRS. (5) The contractm will maintain a list of cmployees authorized access. Such list will be provided to the agency and, upon request, to the IRS reviewing office. (6) The agency will have the right to void the contract if the contractor fails to provide the safeguards described above. H. CRIMINAL/CIVIL SANCTIONS: (1) Each officer or employee of any person to whom returns or return information is or may be disclosed will be notified in writing by such person that returns or return information disclosed to such officer or employee can be used only for a purpose and to the extent authorized herein, and that further disclosure of any such returns or return .information for a purpose or to an extent unauthorized herein constitutes a felony punishable upon conviction by a fine of as much as $5,000 or imprisonment for as long as 5 years, or both, together with the costs of prosecution. Such person shall also notifY each such officer and employee that any such unauthorized fmtber disclosure of returns or return information may also result in an award of civil damages against the officer or employee in an amount not less than $1,000 with respect to each instance of unauthorized disclosure. These penalties are prescribed by IRC sections 7213 and 743 I and set forth at 26 CFR 301.61 03(n)-1. (2) Each officer or employee of any person to whom returns or return information is or may be disclosed shall be notified in writing by such person that any return or retWll 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 perfornlance of the 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 or imprisonment for as long as I year, or both, together with the costs of prosecution. Such person shall also notify each such officer and employee that any such unauthorized inspection or disclosure of returns or return information may also result in an award of civil damages against the officer or employee [United States for Federal employees 1 in an amount equal
From Internal Revenue Service Publication 1075 Dated August 2010
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ATTACHMENT NUMBER SEVEN IRS Requirements for Safeguarding PTJ
to the sum of the greater of $1 ,000 for each act of unauthorized inspection or disclosure with respect to which such defendant is found liable or the sum of the actual damages sustained by the plaintiff as a result of such unauthorized inspection or disclosure plus in the case of a willful inspection or disclosure which is the result of gross negligence, punitive damages, plus the costs of the action. These penalties are prescribed by IRC section 7213A and 7431. (3) Additionally, it is incumbent upon the contractor to inform its officers and employees of the penalties for improper disclosure imposed by the Privacy Act of 1974,5 U.S.C. 552a. Specifically, 5 U.S.C. 552a(i)(1), which is made applicable to contractors by 5 U.S.C. 552a(m)(l), provides that any officer or employee of a contractor, who by virtue ofhislher employment or official position, has possession of or access to agency records which contain individually identifiable information, the disclosure of which is prohibited by the Privacy Act or regulations established thereunder, and who knowing that disclosure of the specific material is prohibited, willfully discloses the material in any manner to any person or agency not entitled to receive it, shall be guilty of a misdemeanor and fined not more than $5,000. (4) Granting a contractor access to FTI must be preceded by certifying that each individual understands the agency's security policy and procedures for safeguarding IRS information. Contractors must maintain their authorization to access FTJ through annual recertification. The initial certification and recertification must be documented and placed in the agency's files for review. As part of the certification and at least aunually afterwards, contractors should be advised of the provisions oflRe Sections 7431, 7213, and 7213A (see Exhibit 6, IRC Sec. 7431 Civil Damagesfor Unauthorized Disclosure of Returns and Return Information and Exhibit 5, IRC Sec. 7213 Unauthorized Disclosure of Information). The training provided before the initial certification and annually thereafter must also cover the incident response policy and procedure for reporting unauthorized disclosures and data breaches. (See Section 10) For both tile initial certification and the annual certification, the contractor should sign, either with ink or electronic signature, a confidentiality statement certifying their understanding of the security requirements. m. INSPECTION: The IRS and the Agency shall have the right to send its officers and employees into the offices and plants of the contractor for inspection of the facilities and operations provided for the performance of any work under this contract. On the basis of such inspection, specific measures may be required in cases where the contractor is found to be noncompliant with contract safeguards.
From Internal Revenue Service Publication 1075 Dated August 2010
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ATTACHMENT NUMBER EIGHT ITS Security Policy Manual
ATroRNEY GENERAL OF TEXAS GREG ABBOTT
Office of the Attorney General
Information Technology Security Policy Manual
4.3 April 5,201.1
Presented by: DonahoJaeger CS inf,',rrn",r',
Officer f"/jlke O'Conn?li Inrofrnation
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ATTACHMENT NUMBER EIGHT ITS Security Policy Manual
Table of Contents
1. Infonnation Security Policy ................................................................................................................ .4 1.1. Attorney General Policy Statement .............................................................................. 4 1.2. Scope of Policy ............................................................................................................. 4
1.3. OAG lnfonnation Security Policy Purpose & lnten!.. .................................................... 4 1.4. Definitions ..................................................................................................................... 4
2. Management Security Controls .............................................................................................. 5 2.1. State Agency Head -Attorney General ........................................................................... 5 2.2. Management Responsibility ............................................................................................ 5 2.3. Information Resources Manager (lRM) ........................................................................... 5 2.4. Information Security Officers (ISO) ................................................................................ 5 2.5. Information Resource Owner. .......................................................................................... 6 2.6. Infonnation Custodian .................................................................................................... 7 2.7. lnfonnation Technology User .......................................................................................... 8
3. Operational Security Controls ................................................................................................. 8 3.1. Risk Management Framework .......................................................................................... 8 3.2. Risk Assessment .............................................................................................................. 8 3.3. Asset Management. .......................................................................................................... 8 3.4. Disaster Recovery & Business Continuity ........................................................................ 9 3.5. Outsourced Data Center Operations & Security Responsibility ........................................ 9
4. Personnel Security Policy ....................................................................................................... 9 4.1. Statement of Responsibility .............................................................................................. 9 4.2. Reporting of Security Incidents ....................................................................................... 9 4.3. Computer Security Incident Response Team (CSIRT) ...................................................... 9 4.4. )1)f9.rmationSec\trj~Lyiolations .,,'c·:, .. ·· ...................... · ................................................... 10 4.5. Acceptable Use ofOAG Information Technology Assets .............................................. .lO 4.6. Access to OAG Information Technology Assets ............................................................. 11 4.7. User Identification ......................................................................................................... 11 4.8. Personal Software, Hardware and Modems .................................................................... .1 I 4.9. Security Awareness Program ........................................................................................... 11 4.10. Warning Statements ....................................................................................................... 11 4.11. Termination ofEmployment. ......................................................................................... 12 4.]2. Automatic Suspension / Deletion of User rD's .............................................................. .12 4.13. Positions of Special Trust .............................................................................................. 12
5. Technical Security Controls .................................................................................................... 12 5.1. System Security Policy .................................................................................................... 12 5.2. System Administrators ..................................................................................................... 12 5.3. System Developers .......................................................................................................... 12 5.4. Information Technology Asset Protection ....................................................................... 13 5.5. Vendor Access to GAG Systems .................................................................................... 13 5.6. Classification of Electronic Data and Assets ................................................................... 13 5.7. Data Destruction ............................................................................................................. 13 5.8. Configuration Management ............................................................................................. 14 5.9. Change Management ....................................................................................................... 14 5.10. Data Integrity ................................................................................................................ 14
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5.11. Voice/Phone Mail ....................................................................................................... 14 5.12. E-mail .......................................................................................................................... 14 5.13. Wireless Systems ........................................................................................................ 15 5.14. Copyright .................................................................................................................... 15 5.15. Personal Software, Shareware and Freeware ................................................................ 15 5.16. Data Encryption .......................................................................................................... 15 5.17. Portable and Mobile Devices ....................................................................................... 15 5.J 8. Malware Protection Software ...................................................................................... 15 5.19 .. Intrusion Detection ...................................................................................................... 15
5.20.lntema1 Eleetronic lnvestigations ................................................................................. 16 5.21. Screen Savers ............................................................................................................... 16 5.22. User Passwords ........................................................................................................... 16 5.23. Administrator Passwords ............................................................................................. 16 5.24. System Log On & Re-Boot... ...................................................................................... 16 5.25. System Settings ........................................................................................................... 16 5.26. Control of Peripherals ................................................................................................. 16 5.27. Security Breaches ........................................................................................................ 17 5.28. Dial-up Access ............................................................................................................ 17 5.29. PurchasinglDevelopment Pre-Approval ....................................................................... 17 5.30. Contract Security Provisions ......................................................................................... 17 5.31. System Development, Acquisition and Testing .............................................................. 17
6. Exception, Waiver and Modification ..................................................................................... 18 6.1. Waivers and Exceptions .................................................................................................. 18 6.2. Modification or Significant Changes to Procedures ........................................................ 18 6.3. Executive Management Waiver ....................................................................................... 18
7. Document Acceptance and Release Notice ........................................................................... 19 8. References ............................................................................................................................. 20
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1.1. Attorney General Policy Statement
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The Office of the Attorney General (OAG) is committed to protecting the information resources that are entrusted to this agency. An effective data security protocol, supported by an appropriately rigorous security structure, is critical to the success of an information security program. The ~AG's lnfonnation Security Officers are responsible for managing and developing the information security program, which includes identifying and resolving all at-risk intonnation system assets, as well as supporting the operational needs of the agency.
An effective infonnation security program encompasses many activities requiring commitment and cooperation among both employees and management of the OAG. All infonnation resources users must be involved in the success of this strategic effort.
1.2. Scope of Policy This policy applies to all OAG "infonnation assets" that are used by or for the OAG throughout its life cycle. "Information assets" are the procedures, equipment, and software that are employed, designed, built, operated, and maintained to collect, record, process, store, retrieve, display, and transmit infomlation, and associated personnel including consultants and contractors. i
This policy also applies to all users of OAG information assets, and electronic data regardless of location.
To the extent there is any conflict between this policy and the Sensitive Personal Information Privacy Policy (found at https:llintranet.oag.slate.tx.us/admin/hrd/policies/policy.php), the latter shall control.
1.3.0AG Information Security Policy Purpose & Intent The purpose and intent of this policy document is to familiarize users of OAG information resources with the need to protect these resources in a prescribed manner and in accordance with appropriate standards.
1.4. Definitions Access: The physical or logical capability to interact with, or otherwise make use of information assets.
Busiuess Continuity Planning: The process of identifying mission critical data systems and business functions, analyzing the risks and probabilities of service disruptions and developing procedures to restore those systems and functions.
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Control:
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Any action, device, policy, procedure, technique, or other measure that improves security,
Encryption: The conversion of plain text (human readable) information into a mathematical cipher or algorithm to create an electronic message that conceals the true meaning,
Information Asset: The term information asset is defined in Section 1,2 of this policy,
Information Resource Data: Any data electronically produced, modified, transmitted, or stored while in electronic form,
Information Technology Asset: A subset of the term information asset that refers to computing hardware such as a laptop computer, desktop PC, network server, or computer software,
2,1, State Agency Heael-Attorney General The Attorney General, as the state agency head, is responsible for establishing and maintaining an
" information security and risk management program. It is the responsibility of the Attorney General to ensure that the agency's infomlation assets are protected from the effects of damage, destruction, and unauthorized or accidental modification, access or disclosure.
2.2, Management Responsibility The protection of information assets is a management responsibility. Managing information security within the OAG requires commitment and support on the part of executive, technical and program management All managers must be involved in the security and awareness program, and be familiar with and enforce OAG policies and procedures among their staff and employees.
2.3, Information Resources Manager (lRM) The IRM is the agency executive who must approve the information technology assets and services necessary to conduct the information security program, as well as use executive authority where necessary to enable the success of the information security program.
2.4. Information Security Officers (ISO) A full-time ISO will oversee the Administrative and Legal Divisions (A&L), while another full-time ISO will oversee the Child Support Division (CS). The A&L ISO and CS ISO will report directly to
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their respective IT Directors and indirectly to the IRM. It is the ISO's duty and responsibility to:
Manage, develop and coordinate the development oflhe OAG information security program and all other infonnation security policies, standards and procedures.
Collaborate with IT divisions, information asset owners and executive management in the development of procedures to ensure compliance with external information security requirements.
Develop training materials on information security for employees and all other authorized users, and collaborate with agency training staff to establish a standardized agency-wide information security training program.
Develop and implement incident reporting and incident response processes and procedures to address any security incidentlbreach, violation of policy or complaint. Serve as the official agency point of contact for all information security inquiries and audits.
Develop and implement an ongoing risk assessment program, including recommending methods for, and overseeing of, vulnerability detection and testing,
Monitor security legislation, regulations, advisories, alerts and vulnerabilities, and communicate accordingly with IT divisions, data owners and executive management.
Review agency information systems and provide written reports that identify potential security risks and recommended solutions .s appropriate.
Provide annual report to executive management on security program and risk mitigation.
Collaborate with IT personnel, the Records Management Officer, and legal counsel to preserve data in accordance with appropriate data preservation and litigation hold procedures.
2.5.lnfol'mation Resource Owner An information resource owner is defined as a person responsible for a business function and for
Iii
determining controls and access to information resources supporting thaI business function. The state agency head or his or her designated reprcsentative(s) shall review and approvc ownership of information resources and their associatcd responsibilities." For the OAG Information Resource Owners are typically Division Chiefs.
Where infonnation resources are used by more than one division, the owners shall reach a consensus as to the designated owner with responsibility for the information resources and advise the A&L or
CS ISO of their decision.'
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The infonnation owner or his or her designated representatives(s), with the CISO's concurrence, are responsible for and authorized to:
Approve access to, and formally assign custody of, an information asset;
Determine the asset's value;
Specify data control requirements and convey them to users and custodians;
Specify appropriate controls, based on risk assessment, to protect the agency's information reSources from unauthorized modification, deletion or disclosure. Controls shall extend to infonnation resources outsourced by the agency in accordance with the Department of Information Resources' (DIR) infonnation security policy;
Confirm that controls are in place to ensure the accuracy, authenticity and integrity of electronic dara;
• Ensure compliance with applicable controls;
Assign custody of information technology assets and provide appropriate authority to implement security controls and procedures; and
Review access lists based on documented security risk management decisions.
2.6. Information Custodian An information custodian is defined as any person or group who is charged with the physical possession of information technology assets." Custodians are the technical managers that provide the facilities, controls and support services to owners and users of information. Custodians of information technology assets, including entities providing outsourced infonnation resources services to state agencies) must:
Implement the controls specified by the awner(s);
Provide physical and procedural safeguards for the infannation assets;
Assist owners in understanding and evaluating the cost-effectiveness of controls and monitoring;
Administer access to the information assets; and
Implement appropriate monitoring techniques and procedures for detecting, reporting and investigating incidents.
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2.7. Information Technology User
ATTACHMENT NUMBER EIGHT ITS Security Policy Manual
All authorized users of OAG information technology assets (including. but not limited to, OAG personnel, temporary employees, contractors, sub-contractors, auditors, consultants or agents), shall formally acknowledge that they will comply with the OAG's security policies and procedures or they shall not be granted access to the information technology assets. Each division's ISO will determine the method of acknowledgement and how often this acknowledgement must be re-executed by the
"' user to maintain access to OAG information technology assets. Users also have the responsibility to report all suspected violations of GAG information security policies to their Division Chief and the ISO responsible for their division. The ISO will then report the suspected violation to the IRM and appropriate IT Director. (See section 3.4)
Users of OAG information technology assets shall have no expectation of privacy for information contained within or processed by an OAG information technology asset. Electronic files created, sent, received by, or stored on, OAG information technology assets that are owned, leased, administered, or otherwise under the custody and control of the OAG are not private and may be accessed by GAG IT employees at any time without knowledge of the information technology asset user or owner. Electronic file content may be accessed by appropriate personnel, including, but not limited to, information security personnel, records management personnel and legal counsel. ""
3.1. Risk Management Framework The OAG employs a risk-based information security strategy, which provides a method to eliminate or mitigate identified risk to an organization in order to maximize the positive effects of information security activities while minimizing costs to the organization.
3.2. Risk Assessment It is the responsibility of the ISO's to regularly assess the risk to all OAG electronic data, systems, networks and information technology operations, and report the results of the assessment to OAG executive management and other appropriate personnel.
3.3. Asset Management Management of OAG equipment including laptops, PDAs, and other IT equipment is an asset control and physical security issue and not within the scope of this Information Technology Security policy. For policy regarding those items, refer to the OAG's general Policies and Procedures, as well as the Special High-Risk Items Policy, which may be found at httos: !/intra net. oag. state. tx. usl ad m inlhrdlooliciesloolicy. ph p).
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3.4. Disaster Recovery & Business Continuity The OAG is charged with providing a comprehensive disaster recovery plan and business continuity procedure for all essential Data Center and field operations. This activity will be supported in part by the lnfonnation Security Division (ISD).
3.5. Outsourced Data Center Operations & Security Responsibility As a requirement of House Bill 1516 by the 79th Legislature, OAG information technology systems will be consolidated at the DlR Consolidated Data Centers (CDC).
While DlR and their contractor will supply much of the required services and activities to protect OAG data, systems and networks, the OAG sti.lI has responsibility for ensuring the safety of OAG data."
4.1. Statement of Responsibility OAG personne] are required to sign a Statement of Responsibility acknowledging that they agree to comply with all applicable infonnation security policies, protocols and procedures as set forth in the OA G lnfonnation Security Policy Manual. This statement of responsibility will remain a part of the employee's file.
4.2. Reporting of Security Incidents A security incident is defined as an evelll! which results, or may result in unauthorized access, loss, disclosure, modification, disruption, or destruction of information resources whether accidental or deliberate."
Employees and all other users shall immediately report all actual or suspected seourity incidents to their Division Chief and the appropriate ISO. The ISO will promptly notify the IRM and appropriate IT Direotor of the actual or suspected security incident. The ISO shall report any security incidents that affect critical systems and/or that could be propagated to other state systems outside the OAG to
" DIR within twenty-four hours.
4.3. Computer Security Incident Response Team (CSIRT) The OAG Computer Security Incident Response Team (CSIRT) is responsible for the detection, triage, response, communication and management of all infonnation security incidents. The CSIRT will:
Provide a single point of cOllltact at OAG for managing all reported OAG information resource electronic attacks, whether suspected or actual;
Identify and analyze what has IOccurrcd, including impact and threat;
Research and recommend solutions and mitigation strategies;
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Share response options, recommendations, incident infonnation and lessons learned with appropriate entities; and
Coordinate response efforts.
TI,e CSIRT is comprised of three separate groups that include both permanent IT personnel certified in CSIRT operations, and ad hoc personnel based on the nature of the incident:
1. Management Group: Membership includes: The affected division's ISO and IT Director. May include: IRM. Responsibilities: Manage CSIRT operations (ISO), manage overall incident response, document activities, and produce appropriate reports. Also responsible to communicate internally to executive management.
2. Technology Group: Membership includes: Director of impacted network and Director of impacted infrastructure and/ or application. May include subject matter experts (SMEs) from specific disciplines. Responsibilities: Analyze event, recommend possibJe courses of action, and coordinate selected response.
3. Legal Group: Membership includes: Attorney(s) from, or assigned by, tbe General Counsel Division, and tbe Records Management Officer. May include: Law enforcement investigators. Responsibilities: Produce draft of external communications; function as terun's legal representative for guidance regnrding evidence gntbering and other possible legal issues and activities.
4.4. Information Security Violations Violations of information security policy could result in a security breach. For this reason, violations of information security policy will be investigated by the appropriate IT personnel. If the violation is found to be deliberate in nature, an official Information Security Violation Report (ISVR) will be issued by the appropriate ISO, with an informational copy provided to the Records Management Officer. Additionally, such violations will be reported to the employee's Division Chief and the Human Resources Director for corrective action. Any corrective action involving use of infonnation technology resources must be documented and reviewed by the appropriate ISO prior to implementation.
4.5. Acceptable Use of OAG Information Technology Assets Staie information technology assets will be used primarily for official State purposes. Software for browsing the Internet is provided to authorized users to conduct official State business. Compliance with this policy will be electronically monitored. Any personal use must be in accordance with the OAG's policy regarding the Unauthorized Use of Government Time, Property, Services, and Facilities, found at
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https,llintranet.oag.state.tx.us/adminlhrd/policies/policy.php.
ATTACHMENT NUMBER EIGHT ITS Security Policy Manual
Violations may result in disciplinary action, up to and including termination of employment. The unauthorized use of OAG information assets will be considered as a relevant factor in evaluating the performance of OAG employees.
4.6. Access to OAG Information Technology Assets Access to OAG information technology assets must be strictly controlled and monitored to provide users witb only the minimum level of system access necessary to allow them to perform assigned business tasks. When access by the user requires the use of a password, or other security measure, those security measures must be kept confidential by the intended user. Remote access to OAG information systems and assets must be accomplished only through the use of an OAG-approved remote access software application.
4.7. User Identification Except for public users of systems where such access is authorized by the appropriate ISO or other appropriate IT personnel, each system user shall be assigned a unique personal identifier or user identification (User ID) to allow system access.
4.8. Personal Software, Hardware and Modems Personal software may not be loaded onto any OAG computer, nor may personally-owned hardware, including modems and wireless routers, be connected to OAG information systems. Any hardware or software required for a business purpose of the agency must be approved for use by the appropriate ISO and must be obtained through the appropriate ITS Division.
4.9. Security Awareness Program The OAG will provide an ongoing Information Security Awareness training program to educate employees and all other personnel with access to OAG data and information systems about data security and the protection of OAG information resources. Ibis training will include the establishment of security awareness and familiarization with OAG security policies and procedures through both New Employee Orientation and ongoing refresher training.
4.10. Warning Statements System identification screens will be provided at the time of initial logon to the mainframe or LAN/WAN. These screens will provide the following warning statements,
Unauthorized use is prohibitcd. Usage may be subject to security testing and monitoring. Misuse may be subject to disciplinary action. No expectation of privacy is to be anticipated by the user.
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4.11. Termination of Employment
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Computer user identifications (User IDs) for employees that have voluntarily terminated employment with the OAG must be removed from the computer system immediately following telmination. For involuntary terminations, the ID should be removed prior to, or at the same time the employee is notified of the termination in order to protect OAG data and information assets.
4.12. Automatic Suspension f Deletion of User ID's Mainframe, LAN and Remote Access User IDs will be monitored for usage to protect system security, and any unused user IDs will be subject to automatic suspension after 30 days, and deletion after 60 days without notice to the user, unless an exception has been approved in accordance with this policy.
4.13. Positions of Special Trust The 1S0s will establish procedures for reviewing information resource functions to determine which positions require special trust or responsibilities. These include, but are not limited to:
Network and system administrators; Users with access to information systems that process or contain federal tax information; Users with access to child support systems and data that may include federal tax information; Users with access to financial and accounting systems or networks; Any user with agency-wide access to data and information systems; and Any user required to undergo a background check as a prerequisite to employment or grant of system access.
5.1. System Security Policy The following policies cover spccific issues as they relate to the security of information systems and data within the OAG, and are governed by the procedures outlined in the OAG Information Security Procedures Manual.
5.2. System Administrators System administrators are responsible for adding, removing or modifYing user accounts as employees change roles within the agency. This activity must be accomplished in a timely manner to ensure only authorized personnel have access to OAG systems and information. Changes to user accounts may be subject to independent audit review.
5.3. System Developers All production software development and software maintenance activities performed by in-house staff must adhere to agency security policies, standards, procedures, and other systems development conventions including appropriate testing, training and documentation.
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5.4. Information Technology Asset Protection
ATTACHMENT NUMBER EIGHT ITS Security Policy Manual
OAG data and information technology assets will be protected from unauthorized access, use, modification or destruction through the deployment of protective measures. The design, acquisition and use of all protective measures must be reviewed and approved by the appropriate ISO.
5.5. Vendor Access to OAG Systems Access to OAG systems and data by vendors (including contractors, sub-contractors, auditors, consultants or agents) must be appropriately controlled depending on the work to be performed, sensitivity levels of the data involved, work location, and other relevant considerations. All requests for vendor access must be coordinated with and approved by the appropriate IT department and ISO prior to access being granted.
5.6. Classification of Electronic Data and Assets OAG electronic data and the information technology assets used to process, transmit, and store it should be assigned an appropriate classification level to assist in the proper safeguarding of the data. As higher classification levels require the agency to incur greater costs in order to safeguard data, care should be taken to accurately classify assets. Assets of varying classifications that are co-mingled in a single database or file system shall be classified at the highest level of the information contained in the data.
For the limited purposes of this policy, the OAG has two classifications of electronic data:
CONFIDENTIAL AND SENSITIVE -This classification includes data that may be deemed confidential or protected by Texas or federal laws and/or administrative rules, and sensitive information, which if subject to a security breach, could compromise the agency's business functions or the privacy or security of agency employees, clients, or partners. Information in this category may only be provided to external parties in accordance with OAG policies and procedures. UNCLASSIFIED -This refers to all data that does not meet the requirements for CONFIDENTIAL AND SENSITIVE as described herein, as designated by the originating source of the data and/or the originator of any derivative data with guidance from J TAC § 202.1(3); DIR Classification Guidance, and any other applicable regulation or Jaw. The default classification for all electronic data is CONFIDENTIAL AND SENSITIVE.
5.7. Data Destruction OAG data should only be destroyed in accordancc with the applicable records retention schedule, or upon the receipt of proper authorization from the State Library and Archives Commission. OAG data contained on magnetic or optical media must bc removed from the media prior to the media being transferred out of the control of the authorized uscr, or the media must be physically destroyed in accordance with the appropriate document destruction guidelines applicable to that information.
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5.S. Configuration Management
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Configuration management (CM) is the process of managing the effects of changes or differences in configurations of an information system or network through the implementation of strict protocols and testing in order to reduce the risk of changes resulting in a compromise to data security, confidentiality, integrity, or availability. All systems will be configured and maintained only in accordance with approved IT and Information Security configuration management (CM) guidelines.
5.9. Change Management Change management refers to the safeguards and procedures established for making modifications to OAG systems and networks. AIl such modifications must be processed through the appropriate change control procedure, with any OAG systems residing at a Consolidated Data Center (CDC) additionally being subject to the DIR and its contractor change management process.
5.10. Data Integrity Data integrity refers to ensuring that data remains complete and unchanged during thc course of any electronic processing, transfer, storage, or retrieval. To promote data integrity, individual users of OAG information assets must follow data integrity procedures applicable to their level of user access to OAG data, and take adequate precautions to safeguard against the loss of OAG data, including but not limited to:
Performing regular backups of OAG data as may be appropriate; Taking physical and procedural safeguards to avoid the accidental loss, destruction or unauthorized modificationofOAG data; Ensuring proper and routine use of virus protection software/anti-malware; and Coordinating with and seeking assistance from IT personnel as may be appropriate to safeguard OAG data.
5.11. Voice/Phone Mail The OAG's voice or phone mail systems use agency infonnation assets. Accordingly, each user is responsible for ensuring that use of these services is in compliance with applicable law, policy and procedures. All requests for changes, modifications, or termination of voicemail services must be initiated through the ITS Division.
5.12. E-mail Electronic mail (e-mail) is a form of communication that uses agency infonnation assets. All use of email must be in accordance with OAG policies and procedures regarding the use of infonnation assets.
Upon the ~AG's implementation of an agency-approved email encryption process, employees may not send CONFIDENTIAL AND SENSITIVE OAG data in the body of an email or as an email attachment across unsecured connections such as the Internet, unless it is encrypted using a process approved by both the appropriate IT Director and ISO.
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Wireless networks or routers niay not be used without tbe prior authorization of botb tbe appropriate IT Director and ISO. All wireless connectivity (Wi-Fi) to OAG networks must be in accordance witb current IT architectural direction, information Technology Security Policy, and OAG policies and procedures relating to tbe use of mobile telecommunications devices,
5.14. Copyright Generally,. tbe reproduction of copyrighted information is a violation of federal law, Therefore, OAG information assets should not be used to reproduce copyrighted information. Unauthorized copies of software shall not be loaded or executed on OAG information technology assets. Regular audits will be conducted to search for unauthorized software installed on machines.
5.15. Personal Software, Shareware and Freeware Personal software, shareware and freeware may not be loaded or otberwise used on OAG systems unless there is a business necessity for tbe use of such programs, and tbeir installation and use is specifically approved by both tbe appl'Opriate IT Director and ISO.
5.16. Data Encryption All OAG laptops must have encrypted hard drives to safeguard data in tbe event the device is lost or stolen. Those divisions who ohoose to employ data encryption for transmission or storage of CONFIDENTIAL AND SENSITIVE data shall adopt the 256 bit Advanced Encryption Standard (AES), or 128 bit Single Sockets Layer (SSLlTLS) as a minimum, No encryption will be used without the prior approval of both the appropriate IT Director and ISO,
5.17. Portable and Mobile Devices All laptops and otber mobile teleoommunications devioes (PDAs, network capable cell phones, BlackBerry's, etc,) must be approved for use and supplied by the appropriate ITS Division. Only OAG laptops installed witb full-disk encryption, anti-malware safeguards, and secure connectivity are autborized for use witb OAG data and networks,
5.18. Malware Protection Software All workstations and laptops must use approved mal ware protection software and configurations, regardless of whether they are connected to OAG networks or are used as a standalone device, Additionally, each file server attached to the OAG network and each e-mail gateway must utilize OAG IT-approved e-mail malware protection software andlor hardware, Users shall not alter, disable, bypass, or adjust any settings or configurations for OAG mal ware protection software in any manner.
5.19. Intrusion Detection Intrusion detection techniques will be deployed wherever possible in order to safeguard against unauthorized attempts to access, manipulate, or disable OAG networks. Intrusion detection activities may be conducted only by specially-trained personnel within the OAG using techniques approved by the appropriate [SQ,
153
5.20. Internal Electronic Investigations
ATTACHMENT NUMBER EIGHT ITS Security Policy Manual
All internal electronic investigations must be authorized by, and conducted under the supervision of, the appropriate ISO unless otherwise approved by the First Assistant Attorney General. No other investigation is authorized on OAG systems or networks. Any unauthorized electronic investigation or monitoring discovered on OAG systems or networks will be reviewed by the Information Security Division and may result in disciplinary action up to and including termination of employment.
5.21. Screen Savers To reduce the likelihood of unauthorized access to OAG data, systems and networks, all OAG workstations, including laptop computers, must be configw'ed to aotivate password-proteoted soreensavers after no more than fifteen minutes of user inactivity. An employee should oat leave his or her workstation unless the password-protected screensaver has been activatcd or, if possible, the workstation has been secured by a locked door.
5.22. User Passwords Systems that use passwords shall follow the standards on password usage prescribed by DIR found at http://www2.dir.state.tx.us/securitY/policy/Pages/policy.aspx.This document specifies minimum criteria and provides guidance for selecting additional password security criteria. Disclosure of an individual's password or use of an unauthorized password or access device may result in disciplinary action up to and including termination of employment.
5.23. Administrator Passwords All system administrators will maintain and use both a standard user password and a system administrator password ("super user" password). The system administrator password will be used only for system administrator activities. All common applications and system activities (email, calendar, etc.) must be accessed by the system administrator only witb their standard user password.
5.24. System Log On & Re-Boot All OAG workstations, including laptop computers, must be connected to the OAG network at least once weekly in order to receive appropriate application updates and security patches. Additionally, all systems must be re-booted (shut down and restarted) at least once a week to ensure these updates and patches are installed appropriately.
5.25. System Settings All OAG systems are specifically configured to ensure that users have the appropriate ability to perform assigned tasks. Users shall not modify, change or attempt to change any system settings. If additional user access, permissions or system setting changes are required, then a request for tbe modification must be approved by the user's manager and submitted to the appropriate IT Division for handling.
5.26. Control of Peripherals A peripheral device is any device attached to a computer in order to expand its functionality, such as USB flash drives, CD burners, or PCMCIA card slols. The ability to use peripheral
154
ATTACHMENT NUMBER EIGHT ITS Security Policy Manual
devices may be controlled on some OAG systems; users are not authorized and should not attempt to change control settings in order to use peripheral devices on these systems. Adding or deleting peripherals on these systems may only be accomplished by IT personnel.
5.27. Security Breaches A security breach is defined as any event which results in loss, disclosure, unauthorized modification, or destructioo of information resources. Users shall immediately report all actual or suspected security breaches to their Division Chief and the ISO responsible for their division. The responsible ISO will promptly report the suspected or actual security breach to the appropriate IT Director and IRM. Depending on the nature of the information involved, additional procedures may be required in accordance with the Sensitive Personal Information Privacy Policy.
5.28. Dial-up Access For dial-up access to OAG systems other than access authorized for the public, information security protocols shan be employed to positively and uniquely identify authorized users and authenticate user access to the requested system. All modems used for dial-up access to OAG systems must be authorized by the appropriate IT Director and ISO.
5.29. Purchasing/Development Pre-Approval All OAG purchases, acquisitions, or developments of information technology services, equipment or software must be reviewed and pre-approved by the appropriate ISO to determine whether the purchase may negatively impact OAG information technology security. All purchases of information technology security products, or products with information technology security functionality or impact, must be approved by the IRM and appropriate ISO prior to the issuance of a purchase order.
5.30. Contract Security Provisions All third-party contracts must contain appropriate language to ensure the security of OAG information to which the third-party may have access, even if such access is limited to encrypted data. This language must state in clear and unambiguous terms the security requirements placed on the thirdparty involved, and their responsibilities for security under the contract. It must also clearly state OAG's authority to audit their security procedures for appropriateness during the length of the
xii
contract
All contracts to which the OAG is a party and that affect OAG information technology security must be reviewed and approved by the appropriate 1S0 prior to execution in order to ensure that appropriate security controls are included.
5.31. System Development, Acquisition and Testing Data and network security requirements must be considered and addressed in all phases of the development or acquisition of new information processing systems. Before being placed into use, all new systems must be properly tested in order to ensure compatibility with OAG information systems and the OAG computing environment. During system testing, test functions shall be kept either physically or logically separate from production functions in
155
ATTACHMENT NUMBER EIGHT ITS Security Policy Manual
order to safeguard OAG data and information technology systems.
6.1. Waivers and Exceptions Waivers and exceptions to the existing information security policies and procedures arc strongly discouraged because they may pose an unacceptable risk to protected OAGdata and systems. Prior to implementation, all exceptions or waivers of existing security policies or procedures must be reviewed and approved by the JRM, appropriate IT Director, appropriate ISO, and reported to the Records Management Officer.
A waiver is a variance of a control standard that is limited to a specific period of time and to a specific system in order to allow IT personnel to perform an approved change or modification to OAG systems. An exception is an indefinite variance from a control standard supported by a valid and ongoing business justification.
6.2. Modification or Significant Changes to Procedures All changes in the procedures to protect OAG IT systems and data must be reviewed by the appropriate IT Director and approved by the appropriate ISO prior to implementation. If immediate changes to procedures are required to meet an emergency situation, A&L andlor CS ISO, and the Records Management Officer must be informed as soon as possible thereafter.
6.3. Executive Management Waiver Not withstanding any provisions to the contrary contained herein, waivers, exceptions and modifications to the information security policies and procedures may be authorized ill writing at the discretion of the First Assistant Attorney General.
156
ATTACHMENT NUMBER EIGHT ITS Security Policy Manual
Office of the Attorney General
This is Version 4.2 of the OAG Information Security Division Secnrity Policy Manual
The OAG Infonnation Security Division Security Policy Manual is a managed document. < Changes will be issued only as a complete replacement document Recipients should remove superseded versions from ciroulation. This document is authorized for release after all signatures have been obtained.
Please submit all requests for changes to the ownerJauthor of this document
OWNER 1/J, a (~ Mike O'Connell, A&L Infonnation Security Officer
DATE: AprilS, 2011
Cd OWNER:r--'U<S:~'~':·'.&~~~~~~~=~~:::::::;::::..,-",JDATE: April 5, 20ll Kathleen ;POJia,h(5; aeger, CSD Information Security Officer
EXECUTIVE SPONSOR: ~.== l)ATE: April 5, 2011 Diane B. Smith, Deputy for Administration and Infurrnation Resources Manager
Tex. Gov't Code § 2054.003(7).
'1 TAC § 202.20.
~l TAC § 202.1
"I TAC § 202.21.
'J TAC § 202.21.
"1 TAC § 202.21.
"I TAC § 202.27.
,Hi See , 1 TAC Chapter 202. generally
"1 TAC § 202.21.
'1 TAC § 202.1.
"I TAC § 202.26.
"1 TAC § 202.2S(6)(B).
157
ATTACHMENT NUMBER EIGHT ITS Security Policy Manual
1bC:$
ATTACHMENT NINE
Name: Position:
Phone:
i FAX:
OFFICE of the ATTORNEY GENERA.L
GREG ABBOTT CHILD SUI'PORT DlVlsrON
AUTOMATED COMPUTER SYSTEM ACCESS - STATEMENT OF RESPONSiBiLITY
Agency Employed By:
Work Location (Address, City, Country):
If given access to ilie automated computer system maintained by the Office ofilie Attorney General of Texas, I agree to the following:
I. All information maintained in the files and records oftbe Office of the Attorney General of Texas (OAG), Child Support Division are privileged and confidentiaL
2. lnformation iliat I obtain about anyone while using the computer system of the OAG must be held in strictest confidence and may not be disclosed except as used exclusively for purposes directly connected with the administration of programs under Titles IV-A, IV-D, !V-E and XIX of the federal Social Secnrity Act and in accordance with ilie OAG Confidentiality Policy and Procedures.
3. Only authorized personnel may view, add) modify andlor delete infonnation.
4. I may not perfonn any work, review, update or otherwise act to obtain information about my own, or any relativeis, friendls j or business associate's child support case, eveD if the case is closed.
5. The computer password(s) I receive or devise are confidential, and must not be disclosed to anyone.
6. I am responsible for computer transactions performed through misuse of my password(s).
7. Usc of a password not issued or devised specifically for me is expressly prohibited and 'is a violation of Texas and United States law.
8. J will not load unaufhorized software, personal computer programs, shareware or freeware of any kind onto the OAG computer equipment.
9. Copyrighted material, including commercial computer software, which may be made available to me for use by the OAG 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.
10. United States federal tax retwn or return infonnation may not be disclosed to any individual or agency.
J 1. It is unlawful to offer or receive an.ything of value in exchange for United States federal tax return or return information.
CIVIL AND CRIMINAL PENALTIES
J acknowledge iliat if J fail to observe this agreement, the following civil and eriminal penalties apply:
1. A violation will be reported to appropriate personnel for disciplinary action, including termination and referral for prosecution.
2. Failure to observe the above conditions may constitute a "breach of computer secnrity" as defmed in the TEXAS PENAL CODE, CHAPTER 33, Section 33.02 (b), and that such an offense may be classified as a felony. Similar United States federal statutes may also be applicable.
3. Unauthorized disclosure or exchange offederal tax infonnatioll is punishable by fine up to IS,OOO, or imprisonment up to 5 years, or both, uoder United States Internal Revenue Code 7213 and 7213 A
4. Accessing federal tax information without a "need-to-know" is a federal misdemeanor punishable by not more than one year imprisonment, or a.$1 000 fine or both, plus costs of prosecution under 7213 A, United States Internal Revenue Code.
5. I may be civilly liable for damages of not less than $1000 per violation for unauthorized disclosure of federal tax informatjon, together with costs of prosecution under Section 7431 of the United States Internal Revenue Code.
SIGNATURE: ____________ . _______ _
FAX completed fonn to HelpDesk at FAX number 512-460-6027
DATE: __ _
Fonn 1799 April 2012
I
159
WARNING DISCLOSURE LIMITATIONS
ATTACHMENT TEN
Unauthorized disclosure, printing, or publishing of any Federal return or return information, or any information therefrom, is punishable by fine up to $5,000 or imprisonment up to 5 years, or both, together with costs of prosecution. See Sec. 7213 of the Internal Revenue Code (IRC) and 18 U.S.C. Sec. 1905. A person authorized to access IRS return or return information can be prosecuted under the federal "Anti- Browsing" Law, see IRC Sec, 7213A, if the information was accessed without a need to know. The offense constitutes a federal misdemeanor punishable by not more than 1 year in prison, or a $1,000 fine, or both, plus cost of prosecution. In addition, IRC Sec. 7431 provides for civil damages of not less than $1,000 per violation for unauthorized disclosure of such information, together with costs of prosecution.
It is unlawful for any person willfully to offer any item of material value in exchange for any return or return information and to receive as a result of such solicitation any such return or return information. Such action is punishable by fine up to $5,000 or imprisonment up to 5 years, or both, together with costs of prosecution. See Sec, 7213 of the IRC and 18 U.S.C. Sec. 1905. Section 6103 (1) (8) of the IRC permits the SSA to disclose tax return information to IV-D agencies subject to the same restrictions on disclosure above.
I acknowledge that I am aware of the above civil and criminal liabiltties.
Name (please prlnt; _______________ _ Dot., __________ _
Signature __________________ _ SSN __________ _
Please check the appropriate box below that indicates your current Employment Status or your affiliation with the Attorney General of Texas agency:
u Child Support Full-Time Equivalent (FTE) Staff U External Entity Staff(e.g., DHS, TWC, County, etc.)
IJ Child Support Part-Time Staff Li Intern
Li ContractorlVendor Staff u Temporary Staff
[) County Enforcement Staff o Volunteer
For Field staff, please follow your local or Regioual procedures when submitting this form for processing. For State Office staff, please forward completed form to: Brenda Stachr, Child Support Division, Procedures and Training Section, Mail Code 053, P.O. Box 12017, Austin, Texas 78711-2017.
160
ATTACHMENT ELEVEN Dallas County Incident Response Plan
DALLAS COUNTY iNFORMATION TECHNOLOGY
INCIDENT RESPONSE PLAN
Adopted 2007
Overview 71 Computer Incident Response Team 71 Roles and Responsibilities 72 Notification Process 73 Information Verification 73
1 6 1
ATTACHMENT ELEVEN Dallas County Incident Response Plan
Dallas County Contact Infonnation .................................................................................. 75 Attachments ________ Incident Identification 77 ___ Incident Survey 78 ___ Incident Containment 79 ___ Incident Eradication 80
10L
ATTACHMENT ELEVEN Dallas County Incident Response Plan
Dallas County Incident Response Plan
Overview
The Dallas County Computer Incident Response Plan is designed to provide a general guidance to county staff, both technical and managerial, to:
• enable quick and efficient recovery in the even! of security incidents which may threaten the confidentiality of ESI (Electronic Stored Information);
• respond in a systematic manner to incidents and carry out all necessary steps to handle an incident
• prevent or minimize disruption of mission-critical services .. minimize loss or theft of confidential data .. identify and track user accounts and/or data for
The plan identifies and describes the roles and responsibilities and outlines steps to take upon discovery of or possibility of unauthorized access to confidential data.
Computer Incident Response Team
The Incident Response Team is established to provide a quick, effective and crderly response to any threat to confidential data or eDiscovery request. The Computer Incident Response Team (CIRT) mission is to prevent a serious loss of information assets or public confidence by providing an immediate, effective and skillful response to any unexpected event involving computer information systems, networks or databases. The Team is responsible for investigating suspected security incidents in a timely manner and reporting findings to management and the appropriate authorities as required and ensuring ESI is identified, preserved and collected in support of legal requests.
,
163
ATTACHMENT ELEVEN Dallas County Incident Response Plan
Roles and Responsibilities
Pos!.tiol'l Roles and ResllonsibiUties Information • Initiate Incident Response Plan Technology Security II Determine nature and scope of the incident
I Officer • Escalate to executive management as appropriate
• Contact other government departments or agencies as appropriate Ii' Monitor and report progress of rnvestigation • Ensure evidence gathering and preservation is appropriate • Provide guidance throughout the investigation ton issues relating to privacy of
customer and employee personal information '" Assist in deve,loping appropriate communication to impacted parties '" Assess the need to change privacy policies, procedures andlor practfces as a
result ofthe breach II. Prepare and provide a written summary of the incident and corrective action
taken Dallas County " Centra! point of contact for all computer incidents
i Service Desk • NotilY IT Security Officer to activate Inoident Response Plan It Complete Incident Identification form (Attachment A) and attach to Service
Desk ticket Computer Inddent • Document the types of persona! information that may have been breached Response' Team • Coordinate investigation, as required, with all support and end user personnel
" Collect aU pertinent information regarding the incident e Complete Incident Response Forms, as appropriate, and attach to' Service
Desk ticket
• Coordinate and collee! data for leaal investioations I reouest Network Architecture' G Analyze network traffic for signs of external attack
• Run tracing tool and event loggers
• Look for signs of firewall breach It Contacl external lnternet service provider for assistance as appropriate It Take necessarY action to block traffic from susDected intruder
Operating Systems • En-sure all selVlce packs and patches are current on miss~on-critjcaJ computers Architectu re • Ensure backups are in place for all critical systems
• Examine svstem loos of critical svstems for unusual activity Business Applications i • Monitor business applications and services for signs of attack
e Review audit logs of mission-critical selVefS for signs of suspicious activity • Contact CIRT with any information relatina to a susoected breach
internal Auditing o Review systems to ensure compHance with information security policy and controls
e Perform appropriate audit test work to ensure mjssjon~critica! systems are current with service packs and patches
• Reoort any sYstem control oaps to manaoement for corrective acfion
Notification Process
1 64
ATTACHMENT ELEVEN Dallas County Incident Response Plan
Legal and HR request can only be made by approved personnel subsequent to the County District Attorney or the Director of Human Resources approval. Request will be made directly to the Information Security Officer.
Dallas County employees will report any suspected security related incidents via the Dallas County Service Desk number 214-653-7900. The service desk will engage the IT Security Office. (Additional notification will be dependent on the severity level assigned.)
Caller Verification After the call has been completed and the required incident information has been captured, but prior to action taken in response to the incident, CIRT will verify the identity of the caller and/or the information provided to ensure the legitimacy of all claims and to protect the confidentiality of the requestor.
Information Verification Before any information can be used during an incident investigation, CIRT will verify the authenticity of the security claim and ensure that the information provided is correct. Information referred to CIRT that fal1s outside the scope of CIRT will be redirected to the appropriate Dallas County Department.
Any and all information concerning the incident will be provided on a need to know basis only as designated by the Dallas County IT Security team, District Attorney or Human Resources. The incident information to be provided will be limited to only that necessary to respond to the incident and will be designated confidentiaL All recipients will be made aware of the prohibition on redistribution.
Validation I Initial Analysis and Assessment
CIRT will collect and review all of the information pertaining to the incident OT
investigation in order to tmderstand and determine the impact, severity, and potential implications for Dallas County. Information available with regards to the incident must be vetted against the different severity levels.
165
A IT ACHMENT ELEVEN Dallas County Incident Response Plan
Security Level Definitions hi b 1 'd S The ta e e ow prOVl es L ldfi" eventyeve e lUltions an d re ate d actions:
$e!lll'r~ ,ij:'/ ,. ··.ll~niti"n .' . . "' .•......... ;. 1"; ~l:!tte'dAeti:i:ln' . <I ..... ",.' ' ........ S, 1 Malor Impact, Significant impact to Dallas County; the Requires escalation to the Dallas
problem is of major impact and highly visible to Dallas County County CIO, appropriate executive and/or their bUsiness operations; there is !!Q workaround management andlor ather that has been Implemented available. government agencies within 15
minutes of validation,
• Breach of Privacy Information has been confirmed.
• Validated IDS events and reported incidents may fall Into ConclUSion Report wlth',n five (5) this category depending upon impact and visibility. business days.
• Impact to Dallas County operational ability, 2 High Impact. A large percent of Dallas County Is affected; the Requires escalation to the DaUas
problem is of high Impact and highly visible to Dallas County County CIO. appropriate executive and/or its bUSiness operations; a tried and proven workaround management an'd/or other is available, government agencies'within 15
I minutes of validation.
I : Breach of Privacy Information Is probable, but not confirmed or denied. Conclusion Report within five (5) Validated IDS events and reported incidents may fall into business days. this category dependent upon impact and Visibility,
• Validated Virus Outbreaks.
• Impact to Dallas County Operations, 3 Moderate impact A small percent of Dallas County IS affected May require escalation. I andlor the problem has limited viSibility. The system may
remain operation a!, however, in a degraded manner, and/or a Does not require a Conclusion I tried and proven workaround Is available, Report,
II Breach of Privacy Information is possible, but unlikely and I is not confirmed or is denied.
eI Reported incidents that have not been validated. I' Reported Incidents that have been validated as moderate. • Validated IDS alerts-once validated, the severity may be
I raised depending upon Impact. o HR / Acceptable Usage Reports investigations. !II Requests for non-Incident related data discovery, forensic
I acquisition, and/or forensic Investigations.
-- I. Legal related investigations. 4 I Dallas County can still achieve full functionality and normal Does not require escalation.
: performance, as long as the work around is fol/owed. Does not require a Oonclusion
• All IDS alerts Initially are assigned a Severity 4. The Report, severity leve! can be changed based on impact assessment and findings. rF the severity is increased, the incident receives attention based on the new severity assignment.
• IDS false positives, 5 IDS alerts reported Initially as Severity 4 and have been Does not require escalation,
researched and Identified as posing no threat to Dallas County are redirected to the IT Operations Team to provide further Does not require a Conclusion Report
, analysis as appropriate.
! No Breach of Privacy Information possible.
Dallas County Contact Information
f'os!troo· l\1a~($l . . .
Chief of Information Officer Robert Clines
jCIO) -Information Technology
Randy Guin Security Officer Assistant Chief of Information , Rodney Tech nolofll'.. 02erations Christian Assistant Chief of Information Gwen Hurd Technology Applications Assistant Chief of Information
Melvin Technology Program Randle Management Information Technology Wayne Operations Manaaer Henderson Internal audit Brian Stevens
,
100
ATTACHMENT ELEVEN Dallas County Incident Response Plan
Phone Il1ma!I.~dr_ ijumbef .
214-653-7339 [email protected]
214-653-6547 rguint1lldallascounty.org
214-653-6341 i
214653-7809 gh [email protected]
214-653-7570 [email protected]
214-653-6072 whendersont1lldallascDunty.org
214-653-6472 bSlevens@dallasCOulTI\Lorg
I
167
ATTACHMENT ELEVEN Dallas County Incident Response Plan
Generic Incident Flow Char!
Receipt
CrOO!!1- tIci'.el' with ini(i(,!j
dol,.t)rl1emA!JQf1
'€:5OJl~ lIt'iW1catloil f
jequif£G
NotilicatiOll Conclusion
••••••••• 1'< ........ ~ .......... -................ ---...... t· ....•.... -· .............. ······t-· .• ··· · ... ··· .. ·'-i
.~ .... ,. + ..... "' .................. l/i;;., ...... _ ... "1-' "",.. .... "" ..... '", "NOt >;l;l'lfrl' ... '" .., ............ / .... ',;:::::j::::;
cmler'1tt'd ff~kmj.!1L>Q:!l '/~1ffi6al\Of!
................ "" .................... ..
CflO~l'l~"(ld ifm\:jul!'ll!t\
............... +0 ........ ,;;........ i.. ........... "'''' ........ "' ...... -.·.of •• , •• _._ .. -........ ,.. ...................... ;..j. ............ <0>,,"" .... "" ..
Attachment A
Incident Identification
Date Updated: ____ _
168
ATTACHMENT ELEVEN Dallas County Incident Response Plan
Generai Information Incident Detector's Information;
Name: Title: ~ __________ _
Phone:
Email: Detector's -----~---~--
Signature: -----------------
Date and Time Detected:
Location Incident Detected From:
----------------------
Date Signed: _____________ _
Incident Snmmary Type of Incident Detected: e Denial of Service • Unauthorized Use o MaJicious Code " Unauthorized Access Incident Location:
Site:
Site Point Of Contact:
Phone:
Email:
How was the lntellectual Property Detected:
Additionallnforrnation:
------------
8- Espionage ".Probe • Hoax. " Other ___ _
Attachment B
Incident Survey
Dale Updated: ______ _
169
ATTACHMENT ELEVEN Dallas County Incident Response Plan
Location(s) of affected systems: ________________________ _
Date and time incident handlers arrived at site: __________________ _
Describe affected information system(s):
Is the affected system connected to • network? YES NO
Is tbe affected system connected to a modem? YES NO
Describe the physical security of the location of affected in.formation systems (Jocks, security alarms, buUding access, etc.);
170
Attachment C
Incident Containment
Date U.pdated: ______ _
!s()!ate Affected Systems:
ClS0 approved removal from network? YES NO
If YES, date and time systems were removed:
lfNO, state reason:
Backup Affected Systems:
Successful backup for all systems? YES NO
Name ofperson(s) performing backup:
Date and time backups started:
ATTACHMENT ELEVEN Dallas County Incident Response Plan
Date and time backups complete: _______________________ _
incident Eradication
Date Updated: ______ _
Name of persons) performing forensics on systems:
Was the vulnerability identified: YES NO
Describe:
1 7 1
ATTACHMENT ELEVEN Dallas County Incident Response Plan
1 72
ATTACHMENT TWELVE
CERTIFICATION REGARDING LOBBYING D.EPARTMENT OF HEALTH AND HUMAN SERVICES ADMINISTRATION FOR CHILDREN AND FAMILIES
PROGRAM: CHILD SUPPORT ENFORCEM.ENT 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, 2012 • August 31,2014
Certification for Contracts, Grants, Loans and Cooperative Agreements
The undersigned certifies, to the best of his or her knowledge and belief, that:
(1) No Federal appropriated funds have been paid or will be paid by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an office or employee of Congress, or an employee of a Member of congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement.
(2) If any funds other than Federal appropriated funds haven been paid or will be paid to any person for influencing or attempting to influence an office or employee of any agency, a Member of congress, an officer or employee of Congress, or an employee of Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit standard Form LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions.
(3) The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, sub grants, and contracts under grants, Joans, 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 faiJure.
Signature Date
Agency/Organization Dale
173
ATTACHMENT THIRTEEN
ATTORNEY GENERAL OF TEXAS GREG ABBOTT
CHILI) S\!PI'!)l/;.l' l)IY!SION
WARNING
DISCLOSURE LIMITATIONS
It is unlawful for any person willfully to disclose, print, or publish, except as authorized, any Federal feturn or return information, or any information tberefrom. Such action is punishable by fine up to $5,000 or imprisonment up to 5 years, or Doth, together with costs of prosecution. See section 7213 of the Internal Revenue Code. In addition Internal Revenue Code section 7431 provides for civil damages of not less than 51000 per violation for knowing or negligent disclosure of such information plus in the case of a willful disclosure or a disclosure which is the result of gross negligence, punitive damages, plus the costs of the action.
!tis unlawful for any person willfully to offer any item of material value in exchange for any return or return information and to receive as a result of such solicitation any such return or return information. Such action is punishable by tine up to 55000 or imprisonment up to 5 years, or both, together with costs of prosecution. See section 7213 of the Internal Revenue Code.
It is unlawful for any person willfully to inspect, except as authorized, any Federal return or return information. Such action is punishable by a fme up to $1000 or imprisonment up to 1 year, or both, together with the costs of prosecution. See section 7213A of the Internal Revenue Code. In addition Internal Revenue Code section 7431 provides for civil damages of not less than $1000 per violation for knowing or negligent inspection of such information plus in the case of a willful inspection or an inspection which is the result of gross negligence, punitive damages, plus the costs of the action.
174
ATTACHMENT FOURTEEN Dallas County Transition Plan
DALLAS COUNTY IV-D ENFORCEMENT Ol<-FICE TERMINATION TRANSITION PLAN OAG Contract Number 13-COIOl
Pursuant to State of Texas Contract Number J3-COl 01, the Attorney General of Texas (OAG) and the County of Dallas agree to follow the transition plan described below should the contract be terminated. Either party shall provide to the other written notice of intent to terminate at least ninety (90) calendar days prior to the effective date of the tennination. In addition, County will continue to provide services under this agreement, if requested by the OAG, for an additional thirty (30) calendar days beyond the termination effective date. In such event, the original termination effective date shall be extended pursuant to this provision.
Dallas County and the OAG agree to follow the plan described below if Contract 13-CO 10 I 1S
terminated:
1) Effective date of termination. Effective date of termination will fall on the first working day of the week.
2) Transfer of case files
a) County will make the 600 Commerce Street Building and Unit 418's case file areas available to o AG staff on the weekend preceding the efIective date of termination agreed to by County and theOAG.
b) County will allow the OAG to remove all Unit 418 case files from the 600 Commerce Street Building in their existing file folders. File folders and all case file contents will be recovered at no cost to the OAG.
3) Notification of Cnstomers
a) During and after the transition period, County will be responsible for notifying walk-in clients of the closure of the County offi.ce and the transfer of case enforcement responsibilities to the OA G.
b) The OAG will be responsible for notifying in writing all custodial parents on former County IVD Enforcement Office cases of the transfer of the CP's case to a specified OAG field office in Dallas County.
4) Return of OAG equipment. All OAG equipment provided to County under the contract will be removed by OAG staff during the first week that all Unit 418 cases have been transferred to the OAG.
5) Interim Measures
a) New cases opened on TXCSES in Unit 418 during the transition period will be processed through Case Initiation by County staff, then transferred within two business days to the designated OAG field office.
b) During the transition period, all existing ICSS cases will continue to be serviced by County according to OAG policy and procedures until the transfer of all case files is complete.
Dallas ICSS Transition Plan
175
ATTACHMENT FOURTEEN Dallas County Transition Plan
6) Reimbursement for last month of operation. The OAG shall reimburse County on a pro-rata basis for services provided during the final month of the contract if the contract termination effective date does not fall the last day of the month. Reimbursement shall include new cases worked through the Case Initiation process by County, then transferred within 2 business days to the designated OAG field unit.
7) New case referral decision. County and the OAG must agree if new child support obligations established after the effective date of tennination will continue to be referred for IV -D services under the operation of the existing Local Rule.
a) Option 1--Terminate new case referral process. If COW1ty decides that its new county child support obligations will no longer be referred for IV -D services, County must:
i) Revoke the existing Local Rule effective on the agreed-upon termination effective date.
ii) Post advance public notice of the effective date of the revocation of the Local Rule in accordance with state law.
b) Option 2--Continue new case referral process. If COW1ty decides to continue to refer new child support obligations for IV -D services, the OAG and County must agree on the referral method a minimum of 30 calendar days in advance of the effective termination date of the contract:
i) Case Referral Option I-Automated referral by daily electronic file. County may decide to transfer new case information to the OAG via generation and transmission of a daily electronic file.
ii) Case Referral Option 2-Access by OAG to County'S Imaged Document System. County may allow OAG to access the County's Imaged Document System to find information on new county child support obligations.
iii) Case Referral Option 3-Papcl' copies of new child support orders. County provides paper copies of all new child support obligations to OAG upon the finalization of the orders for support.
If County ever opts to change the referral process, it must provide the OAG at least 30 days notice prior to the proposed change and the OAG must agree to the change. If County ever opts to discontinue the referral process, it must provide the OAG at least 30 days notice prior to the discontinuation.
Dallas JeSS Transition Plan
1 (t3
September 18, 2012
MISCELLANEOUS
1) GOVERNMENTAL AFFAIRS - requests approval of a Court Order recognizing the completion of the necessary continuing education hours for the current reporting period by County Judge Clay Lewis Jenkins and the filing of the Judicial Education Record with the office of the County Clerk.
2) PLANNING & DEVELOPMENT - requests approval of the interlocal agreement for the development of the Lone Star/Campion Trail in Grand Prairie and Irving. $2.5 million has been included in the County's FY2013 major capital improvement fund for this project which will connect two separate trails and cities together and create continuous 1O.9-mile trail.
3) HEALTH & HUMAN SERVICES - requests approval for additional award under the Atmos Energy Share the Warmth Program in the amount of $27,806.12 from Atmos Energy Corporation, for assistance with energy costs for financially distressed individuals.
4) PLANNING & DEVELOPMENT - requests approval to revise the number of houses Builders of Hope (BOH) will construct under its FY2012 & FY20 II Community Housing Development Organization (CHDO) project from twenty housed to ten houses. The funding that the County will provide will remain at $218,520. This revision is requested because of current housing market conditions and to ensure the timely, successful completion of the project.
5) BUILDING SECURITY - requests approval:
a) for an annual uniform policy for officers who have worked with the department for at least one full year and Commissioners Court Security Officers who require Class A Uniforms. The annual uniform allowance package will consist of: one (1) BDU styled long and short sleeve shirt and one pair of BDU styled pants. The cost is approximately $4,735 per year and will provide a standardized process for issuing uniforms to Building Security employees. Funding is available in the Building Security budget for uniform in the amount of $4,735 per year. Recommended by the Office of Budget and Evaluation.
b) of the FY2013 X-Ray Equipment Proposal of $27,000 for serviceable x-ray machines and an estimated service call amount for outdated machines that are not covered under the service contract of $41 ,593. This contract renewal will be funded out of the Building Security BUdget. Recommended by the Office of Budget and Evaluation.
09118/2012
177
TELECOMMUNICATIONS
Facilities - requests: M1209002 - three voice cables for fax machine 9th floor Engineering Department. Equipment $0.00; Installation $600.00; Recurring Cost $0.00 - Recommended
M1209001 - one voice cable for fax machine Bl engine room. Equipment $0.00; Installation $200.00; Recurring Cost $0.00 - Recommended
D1209001 - two data cable for ESS access B 1 engine room Lead Maintenance Position. Equipment $0.00; Installation $400.00; Recurring Cost $0.00 - Recommended
M1209005 - one pager for new employee. Equipment $30.00; Installation $0.00; Recurring Cost $2.50 - Recommended
Information Technology - D1208014 - request rebrief (Briefed 9.11.2012) three data cables at George Allen office lobby for District Clerk's digital signage display. Equipment $0.00; Installation $600.00; Recurring Cost $0.00 - Recommended
Juvenile - Henry Wade - requests: M1209006 - one voice cable for Biz Hub fax on ground floor room A171 Reception area. Equipment $0.00; Installation $200.00; Recurring Cost $0.00 - Recommended Fund 195.1090.2690
D1209003 - one data cable ground floor room Al71 Reception area. Equipment $0.00; Installation $200.00; Recurring Cost $0.00 - Recommended
Road & Bridge 3 - M1209004 - requests one CS50 wireless headset for efficiency in managing phone calls 1506 E. Langdon Road. Equipment $200.00; Installation $0.00; Recurring Cost $0.00 - Recommended
Sheriff - Release - requests: M1209003 - two voice cables 2nd floor B Building Classification & Mailroom renovation. Equipment $0.00; Installation $400.00; Recurring Cost $0.00 - Recommended
D1209002 - one data cable 2nd floor B Building Classification & Mailroom renovation. Equipment $0.00; Installation $200.00; Recurring Cost $0.00 - Recommended
Tax Office - D1208005 - requests one data cable for Biz Hub network printer for check writer use at Duncanville Location. Equipment $0.00; Installation $200.00; Recurring Cost $0.00 Recommended Fund 195.1090.2690
• Funding for the above requests are available from countywide department 1023, line item 7210 telecom equipment and department 1023, line item 6250 cable contract, if otherwise it will be stated in brief.
• Projects are funded by requesting department, if otherwise it will be stated in brief.
09118/2012
178
• Cell Phone funding is provided by the requesting department and 1S stated.
• Pagers are funded from department 1023, line item 7214.
MISCELLANEOUS EQUIPMENT
Actual invoiced amounts may deviate by up to $5 from the amounts listed without additional Commissioners Court Authorization.
09/18/2012
Miscella.w.lU' E9l1;pmentrrd~C(mmunicHtionsmllesfCompllt!'r Hardware IIlId SoftwarrlSunplies over $5(1
Stptemhe[ 18, 20ll Actual invoiced amounts may deviate by lip to $20 from the amounts I;,ted without addition"1 Clmmi~~ilners Court Authorhation
Q~ Unit U~partmellt Funding Expense Code __ Recom Item Description Cast
2011 She,iff Baihff f<>deral forfeiture 532,2090.91002 Gun Safe~ " 2011 Sheriff Bailiff federal Forfeiture
203J Cmmty CkJ'k Es~fOW Funds
2034 County Clerk E'crowFund.
2035 Cmmty Clerk Escrow Fund.,
1036 !'acililles Manag"",ent Witllin Budget
2037 Facititi~" Manogom""t Within Budget
2038 Facilitle; Management Within Budget
1039 Public Works Wilhin Budget
2040 Pllblic Works Within Budge\
2041 ADR ADRFund.
2042 ADR ADRFunds
.l32.209J,91002
5324031.94081
532.403194081
532A03j,940S1
110.1021267J
120.1021.2670
120,1022.2670
196.20102230
105.2550.20&0
162AJ54.2090
161.40542090
Small Sh",ddcr
Medium Shredder
Large Shreddr.r
B=FaD Motor
SNlFlT Co Motor
Leak Detector
15th Annual Stnllegic Workshop
RegioMl Storm water Management fY20!2 Cost Share
WindoW forwoiting area
WJJd and Stain for Shelf and Trim
'" ;'0
;g9
'" m
'" '" 250 1,418
35J
300
Total R=Repl.
Cast N=New
'" N
236 N
M N
'" N
1,691 N
'" R 413 R
'" R 250 R
2,418 R
350 N
300 N
Justification
Needed for weapon m",age
Needed fo, ~hiJll'ing of gun .afe.
Needed for County Cle<l' fur Proba!e and Tnt.ncy Cwrt!;
Needed for County Clerk AdminiSltlllion
Ne<>dcd ror County Clerk Admin;'rf'ltion and Vital. ""::lion,
Roplaoement motor for boiler bo'( f:lll
Gas detocto,. Downto",n complex
Gas de!ector- D(\\'ntow1\ complex
Needed to provide food dunng PWWorkshop
Needed to renew DC p~rticipation in the program
Needed for ADR waiting area
Ne~ded for AbR waiting area
-'
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