~yEY ~~ ~- ~ tF `~ 2 Z 1' ~ ~ ~~ ~ s ~ ~~ n ~~ rEX ASs ®ffice of tfje ~ttornep ~enerar estate of ~GexaS DAN MORALES Child Support Enforcement Division 4TTl)R\E1 GE\'ER:~L P. O. Box 12017 Austin, TX 78711-2017 September 25, 1991 THE HONORABLE W.G. STACY COUNTY JUDGE KERB COUNTY 700 MAIN STREET KERRVILLE, TX 78028 Dear JUDGE STACY: House Bill No. 202, (H.B. 202) enacted during the Regular Session of the 72nd Texas Legislature, permits the Office of the Attorney General to pay certain fees charged by district clerks, sheriffs and constables in child support cases filed. This crucial piece of legislation was the result of a joint effort by the County and District Clerks Association of Texas and the Office of the Attorney General to secure funding for counties performing work in Title IV-D child support cases. The Texas Legislature responded by assuring funding for essential services provided by district clerks, sheriffs, and constables in these cases. Our office has now completed arrangements for the implementation of H.B. 202 and the much needed funding for counties. Under the terms of H.B. 202, which adds Section 76.009 to the Human Resources Code, effective September 1, 1991, the Attorney General will pay the following: 1. S45 filing fee for a suit affecting the parent child relationship (SAPCR), paternity action or case under Chapter 21 of the Family Code ; 2. S15 filing fee for a Motion to Enforce, a Motion to Modify or a Notice of Delinquency; 3. S8 fee for a citation, a notice or a capias; 4. ~4 fee for a subpoena; 5. SS fee for a writ or an employer's order; 6. S35 fee for service of process (per person/per case). Federal regulations require that a Cooperative Agreement be executed between the county and the Office of the Attorney General in order that the Attorney General be permitted under federal laws and regulation to pay these fees. Counties which have executed a Cooperative Agreement may bill the Attorney General monthly for services performed in AN EQUAL EMPLOYMENT OPPORTUNITY EMPLOYER Page 2 September 25, 1991 Title IV-D child support cases on the forms provided by the Attorney General, or in cases of larger counties which have automated systems, on forms approved by the Attorney General. The Attorney General is required to pay fees set forth iu the bill in an amount not to exceed that reimbursed by the federal government unless the Legislature makes an appropriation to the Attorney General for the "state share" of those costs. In the absence of a state share appropriation, counties receive only the federal funding received, which at this time is 66 percent. Alternatively, in larger counties having at least two employees exclusively performing Title N-D work in filing and serving process in Title IV-D cases, the Legislature authorizes the Attorney General to enter into a contractual agreement with the county. In this case, the Attorney General will pay the employees' salaries in lieu of court costs and fees. If your county is interested in this alternative, please contact Assistant Attorney General, Jo Alene Kirkel, (512) 4b3-2181, ext. 5740. Even if you plan to pursue this alternative arrangement, I would urge you to please execute the enclosed Cooperative Agreements so that your county may be paid court costs prior to executing a contract for reimbursement of staff costs. Except as noted above, H.B. 202 states that a district or county clerk, sheriff, constable, or other government officer or employee may not charge the Attorney General, or a private attorney or political subdivision that has entered into a contract with the Attorney General, any fees or other amounts otherwise imposed by law for services rendered in, or in connection with, a Title N-D case. We are awaiting input from our federal regional office on our contract forms and other documents. While there may be some changes, we anticipate that any changes would most likely affect internal procedures at the state level rather than the arrangements between the state and your county. Federal regulations require that the method of calculating eligible expenditures must account for specific costs incurred on behalf of cases receiving services under the federal Social Security Act of 1935, as amended. Our form and voucher were formulated to clearly identify per case fees to satisfy the above federal requirements. Determination that the amounts aze reasonable and necessary and aze reasonably assignable to services should be fully documented in county records. This letter is being sent to all County Judges, District Clerks, Sheriffs, and in larger counties, the Constables. Cooperative Agreements and the Certification Regazding Lobbying aze being sent to the County Judges only. Throughout August and September, Office of the Attorney General staff will be attending various District Clerks' azea conferences and meetings to provide assistance with the procedures involved in the implementation of H.B. 202. Please feel free to call Celeste Johnson at (512) 326-7915 if your District Clerk's office has not yet been contacted or if additional assistance is required. .Page 3 September 25, 1991 It is essential that the Cooperative Agreements which aze enclosed be executed without change before any payment can be made. This agreement was specifically designed to satisfy federal requirements enabling the payment of costs through federal financial participation. Additionally, federal law mandates that states, and parties with whom states have Cooperative Agreements, must file a Certification Regazding Lobbying, by September 30, 1991, when federal funding in excess of $100,000 is received. The Federal Register outlining this requirement and the Certification Regazding Lobbying aze enclosed. Please execute three originals of the Cooperative Agreement and the Certification Regarding Lobbying and return them to us as soon as possible. We expect that execution of tl-,e Cooperative Agreement will be required at the federal level as a condition of federal funding, so please forward these originals as soon as you sign them. To expedite return of the Cooperative Agreements and Certification Regazding Lobbying, a mailing envelope is enclosed for your convenience. Upon execution, you will be sent an original, fully executed Cooperative Agreement and a verification letter for your files indicating that the Attorney General has been authorized to pay. If you have any questions regarding the forms or the agreement, please call Assistant Attorney General Jo Alene Kirkel, at (512) 463-2181, extension 5740. We are eager for these Cooperative Agreements to be in effect so that our constituents can enjoy improved services and your county can be compensated for the essential role it plays in the establishment and enforcement of child support obligations. It is anticipated that in the fiscal year 1992, counties will receive an estimated 54,637,170 in federal funds. We look forwazd to continuing our mutual efforts to secure support for the children of Texas. Sincerely, ~G l'~~~ Cecelia Burke Director Child Support Enforcement Division Enclosures: Three Cooperative Agreements, Mailing Envelope, Certification Regarding Lobbying, Federal Register dated 2-26-90 cc: District Clerk Sheriff Constable ~Q~ ~ 4 (~Q~Q~ lnllr~ ' ° ~IIVL`~J d o - ~~~~ o y~ pEPAATMENT OF HEALTH AND HUMAN SERVICES ~-- ~ ADtv1lNISTRATION FOR CHILAREN AND FA MILIt=S +~++ CHILD SUPPORT ENFORCEMENT PROGRAM PURSUANT TO TITLE s,"r pROQRAM:IV-D OF THE SOCIAL SECURITY-ACT OF 1935 AS ADMINISTEREI ~. ~r BY THE OFFICE OF THE ATTORNEY GENERAL OF TEXAS a~0 ~ !fh ~ 9~0 October 1; 1991 - September 30. 1992 PERIbD:------------------------ ------------- Thb~~ undars greed eerti=ias, to th+a bosh of his or her knowledge and belief, th tt (1) Nei F by ar on b attempting Member of employee o any Fodorb any Federa the extens uny Federa (2) If a paid or wi influence an oPPicer Col~gress i cooperai:iv Stb~ndard F acrordbnea decal appropriated funds haves boon paid or will be paid hrilf t~f the undersigned, to any parson for influencing or to influence an officer or employee of any agency, a otlgress, ari officor or omployaa of Congress, or an ~ Member of Congros:ss in connoction with the awarding of contract, tho makit1g oP any Fodoral grant, the making of loan, the entering into of any cooperative agreement, and on, continuation, renewal, amendment, or modification of ~ontx-act, grant, loan, or cooperative agreement. ~y funds other than Federal appropriated funds have been 1 bo paid to x~ny paxs:on for influencing or attempting to n officer or employee of any agency, a Member of Congress, or employee of Congress, or an employee of a Member of confection with this ~'adc~ral contract, grant, loan, or ~graement, the undersigned shall complete and submit L~,L,~„Disclosure Form to Report Lobbying," in w~th itss instruction~a (3) The ndarRignod shall rQquira that thQ language of this ce7rtificat'om be included in the award documents .for all subawards at all tiers (including s~ubcontractas, subgrants, and contracts under grants, to n~, sand cooperative ztgreements) and that all subrecipients shrill cent f~ aild disclosce accordingly. This eerti ication ie a material re~presentdtion o! tact upon which rQlianco w s placed when thin trnnaaction way made or entered into. Bubmission~of this certification is a preregv iaite for making or Qntering i~t~ this transsactian imposed by Section 1352, Title 31, U.s. Code. y person who tails to ti].e the required certification ctilsll ba c net to a.oivil penalty of not less than $10,000 and not morn than 1 0~ oo fax oath >puch failure. ~ . ~~~~~- Signat a ~ ]hgancy r~gianiaat on TStle ~~' / 3 - ~ Date Monday February 26, 1990 Part Ili New Restrictions on Lobbying; Interim Final Rute Department of Agriculture Department of Commerce Department of Difens• Departmsnt of Education Department of Energy Department of Health and Human Services Department of HouslnQ snd Urban Development Oepar'imtnt of the lr:terior Department of Justice Department of Labor Department o! State Departmen! of Transportat(on Department o1 the Treasury Department of Veterans Attalrs ACTION Internatlanal Oevetopmsnt Cooperation Agency Agency for lntsmattonal Development Envtronmentst Protection Agency Export-Import Bank of the United States Federal EmerSsncy >Vtar~a9ement Agency General Services Administration Natbnal Aeronautics and Space AdminisVation Katlonal Foundation on the Arts and the Humanities natbna! Endowment for the Arts national EndovKnent for the Humanities National SNencs Foundation Overaass P~rfvate lnvsstmsnt Corporation Peace Corps Snuff business Administration Tennessee Valley Authority United States Information Agenry ' • Federal Register /Vol. 55, No. 38 /Monday, February 28, ]99a /Rules and Regulations 6:'J' indicated that the conferees "expect that all egrncid shall expeditiously promu:gats regulations to implement the -egniremertts of this section. and that all such reguLtians shall be uniform and shall camrfy with the government-wide ;uidance issued by the Office of Managettsent and Budget punuant to paragraph (b)(7). AIsa. major agencies. as designated by OMB, shall issue a common rule s~omplying with the guidancs issued by OMB:' On December 16.1989, OMB issued ittterim final governmentwide guidance. This guidaact was published on Decembu Z0. 1989 (51 FR ti2306-32332). ln.01`>B's guidance. the following 28 major agr_.ciea were identified: Ihpartm~ts of Agriculture, Commeece, Defense. Eduction. Energy. Health and Human Sc:vices. Housing and Urbea i}eveloptecnt interior, Justice. Labor, State. Trauporation. Treasury, Veterans Affair: ACTION. Agencies for internatiaral Development. Environtn~tal Protection Agency, Export•lrt:;art Bank of the United States. Federal lsergenry Management Agency, General Services Administration. National Aeronautic and Spats Administration. National Endowment tot the Arts. National Fltdow~tteat for the Humaniciea. National Srietsct Foundation. Overseas Private Ia.t~tatent Corporation. Peace ':otps. Sats:l Business Administration. ennessre Valley Authority and United ,tares Info-nation Agency. A second iaterira Etna! common rule. part of the Federal Acquisition Regulation (FAR}, for most contracts w•aa published oa January 30.1890 (55 FR 3190). The FAR rule. thin common rule. and O~~'s interim final guidance will share a public docket. The final versions of ail three will be published aimultaaec.sl}•. Subttvas:an of Appendix A. Certificatica fur Contracts, Grants, Loans, and Cooperative Agreemenu or Sut=mtnt for Loan Guarantees and Loan insurance. does not bind the ' Federal Gcrerment to award a contract gnat loan. or cooperative agreement or to make a commitment for a loan guarantet tx loan iaauranct. H. it:a=itlatnry Procsras Matters This riile u not a major rule under Fxecvtivc Order 12.291. The Act requires cutitGcatio=a and disciostirea to be trade by aL' names of entities, including State agences. For this reason, the agencies bave determined that the rule will not ha.•e sufGeient Federalism tmpliutiom to warrant the prcpanlion of a Fedaralista Aaaeasment ender xetttive Order 12012. As a statutory matter. this cult applies to all entities, regardless of size. The agencies find that publishing a notice of proposed rulemaking as this matter would be impracticable. unnecessary. and contrary to the public interest since it would prevent compliance with the statutory deadline (60 days [rom the statute's date of enactment} for issuance of OMB's governmentwide guid.zttct and the govcramentwide effective date. Coniequcntly, chit tole fa published as an interim final rule. As an interim final rule, this regulation fa fully in effect and binding. No further regulatory action by the agencies is essential to the Legal effectiveness of the cute. !n order to benefit from comments that interested parties sad the public may make however, the agencies will keep the rulemakfng docket open for 00 day:. Comments an invited, on all portions of the rulemakittg, through Apri127,1990. Following the clone of the catrtatent period, OMB and the agendas will, respond to the comments and. iI appropriate, amend provisiana of OMB's governmentwide gufdanrl and this rule. C. Paperwork Radudion Ad This rule contains information collection requirements subject to the Papen+ork Reduction Ac:. A Paperwork Reduction Att emergency appzo~al was requested by OMB punuant to ~a US.G 3507(8) and S CFR 1320.18 and was granted under Oi+i$ control number 0348-t)018.OMB eatitrtales the reporting burden for this iafotalation collection to average 30 minutes par response. The time necessary far fling the fiat disclosure stay differ from that for the subaequent~disclosturs. However, in the absence of experience with such reporting. OMB does not have auffteient data to determine the tinivene of fatal covered Federal actions or the volume of activity that will be affected by this rule. Therefore. an estimate of the tats! burden of this tntormatlon collection requirement is not provided at this time. Public comment is requested to assist its accurately estimating the burden of this {nfotmatioa collection. including: (1) Estimates of the amount ssf bate required to comply with this reporting .requirement (2) estitnata of the number of expected duclostire reports. and (3) the basis for these estimates. Taxi of tba Comasoo Ru1a The text of the t~mmon rule. as adopted by the agendea in this document, appear below. PART -~iEW AESTRICTTONS ON L088YING s++bP~ A-atr+•rat tx~ 100 Conditioru on we of funds. 105 Definitions. i10 Certification and disclosure. fubpar•t tl-ACtMtiaa by Oxn Ert+ptorKs ~^^ AZency and le;islative liaison. M4 pmfetsionai and technical unites. ?+0 Reporting. subpart C.-At:UiltSra b}r Otttar titan Oren Errrplo7rss ~^^ Professional sad technical sen•iccs. subpart D-.Penatws and Entore~.r+«+t 100 Penalties. •OS Panalty proudures. 110 Enfotcemenl. subpart E-E:arrtpttona R^^ 5evetaryoiDefenae. subpart tr--Aprney Arports 000 Scmi•annasl compilation. .605 Inspector Genera! retort. Appendix A to Past --C.srtification Rasardia= Lobb)'fn! Appendix s to Pari -Diselwurt Form b Rapoel Lobbyia= Autsocit}:Section X19. Public La.v 103-1.1 (37 US.C 17321: Ieitation to Atency rvlemakin; authorit}•). Ctwa eafaraoca: See also Oftiu of )ltanaFrmertt and 8udset notice published at u FR 3:.'t04 Dezember 20. 1989. Subpart A-GanaOQ of (2) A Fedr. al loan or a commitment protiidiag far the United States to insure or guars:.tee a loan exceeding 5150.000, unless scclt person previously filed s urtifica~~n. and a disclosure form. if nquirrd under paragraph (a) of this section. (c) Eacls pastor shall Gle a disclosure form at the and of each calendar quarter in which there occur any event tha- requires disclosure or that materially a.Jects the accuracy of Ne information container in any disclosure form previous:} f.:ed by such person under paragraphs (a) or (b) of this section. M event that materially aiiects the accurst} of the information reported includes (i) A t~ul.atitie increase of 525.000 or more to L`t a.aount paid or txpected to be paid for iatluencing or attempting to influence a t~•ered Federal action: or (2) A age in the person(s) or lndividua:(s) izttluencing oc attempting to iaDuerce a covered Federal action: or. (3) A ~8'e in the officer(:). ennp:oyee;s}, or Member(s) contacted to influenu or attempt to iafluenca a covered Fedcal action. (d) My' person who requests or receiti•es L-om a person referred to in par:grapF..s (a) or (b) of this section: (1) A st:.beaatzact excceding S1oo.t100 at any tic trader a Federal convect: (2) A st sg-L~t coatracL or subcontract succeeding 5100,000 at any jr' tier wader a Federal grant: (3) A txatra.ct or subcontract excsedias 5100.000 at any tier under a Federal loan exceeding 5150,t~ or, (4J A txctract or subcontract exctedir.~ 510QA00 at any tier under a Federal txaopesative agreement. shall file a txrtificatfon. sad a disclosure :ors if r,equir,ed, to the next tier above. (e) All distlosure corms. but not certitiutions, shall be forwarded from tier to tier until received by the person referred to In paragraphs (a) or (b) of this section. That person shall forward all disclosure forma to the agency. (~ My certification or disclosure form filed under paragraph (ej of chi: section shall be heated as a material representaifon of fact upon which all receiving tiers shall rely. All liability arising from an erroneous reprosentation shall be borne solely by t.5e tier filing that repnsentatton and sha1J not be shared by arty tier to which the erroneous representation is forwarded. Submitting an erroneous certification or disclosure constitutes a failure to file the required certification or disclosure. respectively. if a ps»an fails to file a requirrd certification or di:claure. the United States may pu»ue all available remedies, including chose authorized by section 1352 title 31. U.S. Cade. (g) For awards and commitments in process prior to Dezember 23.1989. but not made before N:t date, ceriifiutians shall be required at award or commitment. covering activities occurring between December 23. iS8.9, :red the date of award or commitment. However, for awards and commitments in prose:s prior to the December 23, 2889 effective date of these provisions. but not made before December 23.1989, disclosure forms shall not be required at time of award or commitment but ah:11 be filed within 30 days. (h) No reporting is required for an activity paid for with appropriated funds if that acti~-ity is allowable under either Subpart B or C. Subpart B•-At:tivitJta by Own Employks . wee ~4~y and NpFstawe Yalson. (a) The prohibition on the use of appropriated funds. in !) St70 (a). does not apply is the use of a payment of re:sansble compensation made to an officer or employee o[ a person requesting or receiving a Federal contract. grant. loan. or cooperative agretment U the payment is for agenry ^nd legislattve llai:on activities not directly elated to a covered Federal action. (b) For purposes of paragraph (aj of this sectitm providing any iaforasatloa apedfiully requested by an agency or Congress i! adlowabla at say time. (c) For ptrrposea of paragraph (a) of this stttion. the toilowiag agency and legislative liaLoa activities are allowable at any time only where they ors not related to a specific sofidtation for any covered Federal action: . (1) Ducussirtg with an agency (including individual demonstrations) the qualities and charaderistiu of the person's products or serviu:, conditions or tetau of sale, and service capabilities: and. (2) Technical diseusslcns and other activities trgarding the application or adaptation of the per:on'a products or services foran_agenry's use. • (d) For purposes of paragraph (a) of this section, the following agencies and legislative liaison activities are allowable only where they are prior to formal soiieilation of any tovered Federal action: (i) Providing any information not specifically ttquestcd but necessary for an agency to make an Informed decision about taitiation of a covered Federal action: (2) Technical discussions raga: d:-g the preparation of an unsolicited proposal prior to its official subr..ission: and. (3) Capability presentations by persons seeking awards from an agency pursuant to the pravi:forts of the Small Business Act as amended by Public Law QS-S07 and other subsequent amendments. (e) t?nly those activities expressly authorised by this section are allo~vab;e under this section. ~ ~ thvhsatonaJ and tectlntcal (a) The prohibition on the use of appropriated funds. in ~ 100 (a). does not apply to the use of a payment of reasonable compensation made to an officer or employee of a person requesting or receiving a Federal contract, grant. loan, or cooperati~•e agreement or an extension. continuation, renewal amendment. or modification of a Federal contract. grant, loan, or cooperative agreement if payment is for professional or technical services tendered directly N the preparation. submiuion, or negotiation olany bid. propotaL or application for Nat Federal contract grant, loan. or cooperative agreement or for meeting requirements lraposed by or pursuant to law as a condttion for receiving that Federal contract, grant. loan, or t:oopersticr as: eemeat. (b) For ptsrpo:es of paragraph (s) of this section, "professional and technical services" shall be limited to advice end analysis directly applying any professional or technical discipline. For example, drafting of a legal document acwmpanying a bid or propo:al by a lawyer b allowable. Similarly, technics) advice provided by an engineer on the performance or operational capability of 6740 .Federal .Register / Vo1.:55,~Nv. 38 :/ .1`4onday, February 28, 1990 /Rules and Regulations ~~', s? • ,f ~ be i K 4 . { .M'~ i ,. a piece of equipment rendered directly in the negotiation of a contract is altowable.:However, communications with the intent to influence made by a professional (such as a licensed lawyer) or a technical person (such.as a licensed accountant) are not allowable under this section unless theyprovide advice and analysis directly•applying their professional.or technical expertise and unless the advice or.analysis is rendered directly and solely in the preparation: submission ornegotiation.of a.cavered, Federal action. Thus, for•example, communications with the intent to influence made by a lawyer that do not providelegal advice or analysis directly and solely related to the legal.aspects of his or-her client's proposal, but generally advocate one proposal over another.are not allowable under this section because thelawyeris not providing professional legal .services.-Similarly, communications with the.intent to influence made-by an engineer providing an engineering analysis .prior to the preparation or submission of a bid or proposal.are not allowable under.this section since the engineeris providing technicalservices~but.not directly in.the• preparation, submission or negotiation of a covered Federal action. (c) Requirements'imposed by or pursuant to taw as a condition For . receiving a covered Federal award include those required by law or regulation, oc reasonably expected to be required bylaw orregulation, and any other requirements in the actual award documents. (d) Only those services expressly authorized by this section are allowable under this.section. § 210 Reporting. No reporting is required with respect to payments of reasonable compensation made to regularly employed officers or employees of a person. ~ ' Subpart C-Activities by~Other 7ttan Own Employees § 300 Processional and techntpl services (a) The prohibition on the use of appropriated.funds, in § 100 (a), does not apply in the case of any reasonable.payment to a person, other than as officer or•employee of a person requesting orreceiving'a-covered Federal action, ifthe~ayment is for professional.or technical services rendered.directly in:the preparation, submission, or.negotiation of any bid, proposal, nr application for that Federal contract. grant,loan,:or cooperative agreement or for meeting requirements imposed by or pursuant to law.as a condition7or~receiving that Federal contract, grant, loan, or cooperative agreement.. .(b) The reporting requirements in § '110 (a):and (b) regarding filing a disclosure form by each person, if required, shell not apply with respect to professional•or~technical services - •• rendered directly )n the preparation, submission, or negotiation of any. commitment pmviding for the 17nited States to insare or guavantee a -loan. (c) For purposes of paragraph (a) of this section, "'professional and technical services"-shall be•littiited~to advice and analysis•directly applying any professional or technical discipline. For example, drafting or a Iegal document accompanying•a bid or-proposal by a lawyer is allowable. Similariy,•technical advice provided by an engineer on the performance or operational capability of apiece of equipment rendered directly in the negotiation of a contractis - allowelile. However,•communications with the intent to influence made by a professional (such as a licensed lawyer) or a technical person (such as a licensed accountant) are not allowable•under this section unless they provide advice and analysis directly applying their professional or technical expertise and unless the advice or analysis is rendered directly and solely in•the preparation, submission or•negotiation of a covered Federal action. Thus, for example, communications with the•intent'to influence made by a lawyer that do not provide legal advice•or analysis directly and solely related to the legal aspects of his or her client's proposal, but generally advocate one proposal over another are not allowable under-this section because the lawyer is not providing professional legal services. Similarly, communications with the intent to influence made by an engineer providing an engineering analysis prior to the preparation or submission of a bid or proposal are not allowable under this section since the engineer is pmviding • technical services but.not directly in the preparation, submission•or negotiation of a covered Federal action. (d) Requirements imposed by or pursuant to law as a condition for receiving a covered Federal award include those required by law or regulation, or seasonably expected to be required.by law or regulation, and any other requirements in the.actuel award documents. (e) Persona other than officers or employees~of a person requesting or receiving a coveredFederal action include consuttanta and trade associations. • Onl those services ex ressl '`'`'~ authorized by this section are allovreble _,o under this.section. ,.,~•a' Subpart D-Fenaltles and Enforcement ~ ~' '•~ .~ § 400 Penalties. y~ (a) Any person who makes an '".i:~,' expenditure prohibited herein sha)1 lie ''~" subject to a civil penalty-of not lessthari~, $10,000 and not more than $IOO,000for~`°a~ each such expenditure. =~;;~• ., (b) Any person who fails to file or . ` "' __ ~;. amend the disclosure form {see • _:~•. ,: Appendix B) to be tiled or.amended i[ t'-y°`~ required herein, shallbe subject to a"' ~• -i civil penalty of not less than $10;000 and :: not more than $100,000 for each such ~. - failure. ~ , `~% (c) A filing or amended filing on or . ~. ~°~: after the date on which an administrative action for the imposition of a civil penalty is commenced does not ~~% prevent the imposition of such civil , .: pena7tjr for a failure occurring before , • ~ }~'- that date. An administrative action is commenced with respect to a failure ;~ when an investigating official . determines in writing to commence an investigation of an allegation of such failure. =. - (d) In determining whether to impose . ;i a civil penalty, and the amount of any such penalty,.by reason of a violation-by ='' any person.dhe agency shall consider . the nature, circumstances, extent, and gravity of the violation, -the.effect on the. ability of such person to continue in i business, .any prior violations by such person, the degree of culpability of.such .. person, the ability of the person to pay the penalty,:andsuch other matters.as. may be appropriate. (e) First offenders under paragraphs ~ • , (a) or (b) of this section shall be subject to a civil penalty of $10,080, absent aggravating circumstances. Second and subsequent offenses by persons shall be T~. subjeclto an appropriate civil penally ;, between $10,000 and $100.000, as ~• ' • ~• determined by the agency head or his or her designee. (f) An imposition of a civil penalty under this section does notprevent the ~-'~ United States from seeking any other' •'r' remedy that.may.apply to the same • ~, conduct that is the basis for the . "- imposition of such civil penalty. =; ' , ' ... § ~ .405 Penalty proeedurea. • ~ `~~~ Agencies shall impose and collect ' ,• ~ ~~ civil penalties pursuant to the,prodisions !' of the Program Fraud and Civil• ~ ' ~'~%'"i' Remedies Act, 31 U.S.C. sections 3803' ' ' (except subsection (c)), 3804.3805, 31306, '~.'TK• 3807, 3808, and 3812, insofar as these .1.~• • :~. . ~, ,: n`: -,'~ =x~ ..~3,. Federal Register /Vol. S5. No. 38 /Monday. February 28, 1990 /Rules and Regulations 6741 pmtisions are not inconsi:tent with the requirements herein. ~ _.~ti i 0 Etrforosrnsr+t The head of ssch agency shall take such at:tions u are neussary to ensure that the ptovisiatu herein are vigorously implestented sad enforced in that agency. Subpart E-+£ZSmptlons j ~i00 faerstary of Defense. (a) The Set7ctary of Defense may sxetapt on a use-by-case basis. a eoves•ed Federal action from the prohibition wbeflever the Secretary determines. in writing. that such an exetz7tion is in the national interest. The Secretary:baU transmit a copy of each such w7ittcn exemption to Congress tntmediately steer making such a determination. (b) The Department of Defense may issue supplemental regulations to implement paragraph (n) of this section. Subpart F-Agency Reports j _.___i00 f~stnl-annwi oon+pitation. (a) The head of tack agency shall lolled and compile the disclosure reports (tee Appendix B) and. on May 31 and November 30 of each year, submit to the Secretary of the Senate and the Clerk of the Howe of Representatives a report contain:ag s compilation of the niormation contained in the disclosure reporu received during the six-month period tending oa Marsh 31 or September 30, respectively, of that year. (b) The report. including the compilation. shall be available for public inspection 30 day: after receipt oI the rrpart by the Secetary and the Clerk. (c) Ta{ormatioa that involves intelligence matters shall be reported only to the Select t;ommittet on Intelligence of the Senate, the Perma.nrnt Select Committee on Intelligence of the Hou:e of Rrpreserttativa. and the Comatittees on Appropriations of the Senate and the House of Rcprrsmtatives in accordance: with procedures agreed to by such eotrsnittees. Such information shall not be available for public inspection. (d) Information shat is classified under ~cecutive Order 12358 or any successor order shall be reported only to the Committee on Foreign Relations of the Senate and the Cotataittee on Foreign Affava of the House of Representatives or the Cot~atittees on Armed Services of the Senate and the House of ltepresentatives (whichever such oomatittses have iurtsdictioa of matters involving such iufocmatfonl and to the ;ommitteea oa Appropriations of the Senate and the House o! Representatives in accordanca with procedures agreed to by such eotamlttees. Such infotatation shall not be available for public inspection. (eJ The fine semi-annual compilation shall be submitted ors May 31,1990, and shall contain s compilation of the disclostsrt reporu received horn December 23.1>i89 to March 31,1990. (f) Mayor agencies, desig~-ated by the Office of Management sad Budget (0T`~l, are required to provide machine- readable compilatioaa to the Secretary of the Senate and the Clerk of the Hou:e of Representatives no later than with the compilations due oa May 3t. 1991.OM8 shalt provide detailed specifiutiana in a memorandum to these agencie:. (gJ Non•major agencies are requested to provide met:hine-readable compilations to the Secretary of the Senete and the Clerk at the House of Representatives. (h) Agencies shall keep the originals of ail disclosure report in the official files of the agency. ~ _._._. ti051rsspettoe Gerlerat repoR (a1 The Inspector General. or other oftidal as specifiad in paragraph (bj of this section. of each agency shall propare and submit to Congress each yeu, commencing with submission of the president's Budget in 1991, an evaluation of the compliance of that ageary with, and the effecti~ eness of. the requirements herein. The evaluation may include any recommended changes that may be necessary to strengL'ten or improve the tegtsirements. (bJ In the use of as agency that does not have an lnspeclor General. the agency official comparable to an Iatpectar General shall prepare and subtnlt the annual report or, if there la no such companbls of~tial. the head of the agenry shall prepare sad subttsit the annual report. (c) T1tt annual npori shall be submitted at the same time the agency submits its annual budget Justifiutiotu to Congrea. (d) The arutual report shall include the following: All alleged violatiorss relating to the agenry i eovend Federal actions during the yeu coveted by the report. the actions taken by the head of the agenry In the yeu covered by the report with respect to those alleged violations and alleged violations fn previous years, and the amount: of dull penalties impwed by the ageary in the year covered by the report Appendtx A to Past - t;.attific~tsoa Retardin; Lobby{r_Y Csrrijicatiotr jorConcr,octs. Gncnts. Loort. and Cooperotirs Apremen[s The undc»igncd certifies. to the best o! his or her kt-owled=s sad belisL that: (11 No Federal sppropriatsd funds have been paid or will be paid. Dy or on be't::f o[ tM tsaderttigrted, bony peraan for inf;ueac:ng or attempting to Inlluena an officer or employes of an ageaty, a Member o[ CortFess. an officer or emplayse of Con;. css. or an tmpbyee of a Member of Corgrrss in connection with tha awarding of any Fsderal contract the making of any Federal grant the franking of any Fsderal loan. the entering into of any coopenlive agsement and the ' txtsruioa conttnuatlon, renevral. smendmeat ar modification of any Federal conttsct Feat loan or coopenti~•e sgreement (21 u any funds other than Federal appropriated funds bays been paid or Mill be paid to any person tot Influencing or attempting to tafluenu as officer or employee of any agency. a Member of Congress. sn offietr or employee of Congress. or an emplo}•te of a Member of Congress in eatsnectloa with thin Federal eoatrsct. grant. loan, or txiopentiva agreement the undersigned shall complete sad tobrrit 6tandard Form-ilL "Disclosure Form to Report Lobb}•irtg," In accordance with its lnstructtatu. (3l The ondersigrted shall require that the language of thin certification be included in the award documents for all subawards at all tiers (induditsg subtxntracts, tubgrants. and tmrttracta ttrtdet grams. !Dana, and caoperatiw a=rsemtntsl and that all subretdpients shall unify and disclose sceo:dirtgly. This asrtitution is a material reprssen4tioa of tan upon which reliance was placed when thin transaction was trade or entersd into. Subtaission of this txrtifiutioa is a prtrsquisitc for makint or entering into this transaction imposed b}• section 1352. title 31. US. Code. My person who !ails to ails the requit:d artificarion shall be subject to a civil penalty of not less than flQtl00 and not mots than 5100.000 far tac3~ surd 4ilurs. Slatearent jar Loan Gtrarontars and Loot lnsuronos The andenigned states. to the bK:t of bin or her knowledge and belie!: that: !f any funds have been paid or will be paid to any person foe tattuanr.ing or attemptir.= to tttlluence as officer or employes of any ager+cy, a Member of Congress. an officer or employee o! Congress. of an employee of s Member of Coagrsas in connection with this txtmasitmsnt provWirtg for the United States to tnaure a guarantee • loan, the undersigned shall t:omplstc sad subml- Standard Form- LLL "Disclosure Form to Report Lobbying." la aecordana with its iastructtons. bubaussion of lhts statement !a a pnrequlsite for making or sntering into this tnnaat:tiaa Imposed by section t]S2 title St. US. Code. My person who fails to file the repaired statement shall be ntbject to a citi•il ~oRNEY~, ~2 QS w ~ a ~~"rexPS: ®ffice of tfje ~ttornep ~eneraC estate of ~exa~ DAN MORALES Child support Enforcement Division ATTORNEY GENERAL p ~ 0 ~ BOX 12 O17 Austin, Texas 78711-2017 (512) 463-2181 November 4, 1991 The Honorable W. G. Stacy Kerr County Judge Kerr County Courthouse Kerrville, TX 78028 RE: Cooperative Agreements Dear Judge Stacy: Thank you for your cooperation in executing the Cooperative Agreement. Attached is your original of the fully executed agreement for your records. Effective September 1, 1991, your county is authorized to bill the Office of the Attorney General using the forms furnished by this office or forms utilizing alternative arrangements for which you have received our approval. A letter is being sent to your district clerk, sheriff and constable notifying them that we have a fully executed agreement in force and are forwarding the requisite forms. We look forward to a successful implementation of House Bill 202, Regular Session, 72nd Legislature and appreciate your effort and continuing cooperation in this mutually beneficial endeavor. Your input and comments as we refine the process and address needs for modification will be appreciated so that together, we can better serve our constituents. Sincerely, ~~~~~~ S~G2~/r~c~ Cecelia Burke Director Office of Child Support Enforcement Division CB:cm Enclosure: Cooperative Agreement AN EQUAL EMPLOYMENT OPPORTUNITY EMPLOYER J 33 COOPERATIVE AGREEMENT FOR TITLE IV-D PROGRAM BETWEEN THE OFFICE OF THE ATTORNEY GENERAL STATE OF TEXAS AND ttERR COUNTY, TEXAS STATE OF TEXAS COUNTY OF ICERR SECTION 1. PARTIES This agreement is made and entered into by and between the Office of the Attorney General of the State of Texas, hereinafter referred to as "Attorney General", and the County of l{ERR, Texas, bereinafter referred to as "County'. The parties hereto have severalty and collectively agreed and by the execution hereof are bound to the mutual obligadons and to performance and accomplishment of the tasks hereinafter described. SECTION 2. AGREEMENT PERIOD This agreement shall commence September 1, 1991, and shall terminate August 31, 1993, unless terminated at an earlier date pursuant to the provisions of Section 10 of this agreement. SECTION 3. AUTHORITY AND REPRESENTATIONS Attorney General, as the state agency designated by Chapter 76 of the Texas Human Resources Code to administer a statewide plan for child support enforcement in compliance with Tide IV, Part D, of the federal Social Security Act of 1935, as amended, hereinafter referred to as 'Title IV-D", and the regulations promulgated thereunder, seeks to obtain the performances contemplated of County by this agreement as a means of meeting certain requirements of federal and state law pertaining to the administration of such child support enforcement program. County may be required by state law to provide services and performances in a suit affecting the parent-child relationship under Title IV-D, TEX. FAM. CODE ANN. Title 2 (Vernon 1990) including a suit to establish paternity, a suit to establish a child support obligation, a motion to enforce or modify a decree, or a notice of child support delinquency, or in a suit under TEX. FAM. CODE ANN. Ch. 21 (Vernon 1990), and may be partially reimbursed for such services as provided in House Bill 202, Regular Session, 72nd Legislature, hereinafter referred to as "H.B. 202". SECTION 4. PERFORMANCE STANDARDS The performances called for in this agreement shall be rendered strictly in accordance with the applicable provisions of Title IV-D and the rules and regulations of the United States Department of Health and Human Services, hereinafter referred to as "DHHS". Such provisions include, but are not limited to, Part 300 of Title 45 of the Code of Federal Regulations and otber applicable federal regulations relating to the child support program. In accordance with 45 CFR 303.107, standards of performance must meet federal requirements, and are those specified by this agreement and in H.B. 202, which enumerate the performances County is to provide in return for the payment of fees by Attorney General to the extent specified by H.B. 202 and federal law. Financial arrangements include budget estimates, which have been made on a statewide basis for agreements of this type by the Attorney Generai; covered expenditures, which are specifxd by H.B. 202; and methods of determining charges and procedures for billing, which are specified by Subsection C of Section 6 and other provisions of this agreement together with the forms and instructions provided hereunder. The beginning and ending dates of this agreement, conditions for revision or renewal and termination provisions are set forth herem. Payments for services purchased by the Attorney General from County under this agreement must be in accordance with rates of payment which do not exceed tbe amounts reasonable and necessary to assure the quality of such services and the charges reasonably assignable to such services. The charges or amounts set forth in H.B. 202 represent less than, or no more than, the actual costs expended by the County in performing services for which the Attorney General is liable under this agreement. In no event shall County charges exceed actual costs of performances required pursuant to H.B. 202 and this agreement. SECTION 5. COUNTY PERFORMANCE A. GENERAL County shall carry out certain duties provided by state law regarding the filing, service of process and the issuance of subpoenas, writs and orders in actions filed in conducting a statewide program of child support enforcement pursuant to Tile IV-D. County shall provide Attorney General all the performances for which fees are listed in TEX. GOVT. CODE ANN., Section 51 (Vernon 1990). B. ENUIvIERATED FUNCTIONS County shall provide such performances as may be necessary and appropriate to fulfill its obligations pursuant to Subsection A of this Section 5 including, but not limited to, the following enumerated functions: 1. filing and processing actions in suits affecting the pazent-child relationship (SAPCR) under Title 2, Texas Family Code, including a suit to establish paternity, a motion to enforce or modify a decree or a notice of child support delinquency, and a suit under Chapter 21, Texas Family Code; and 2. the issuance of service of process; and 3. the issuance of writs, orders and subpoenas as specified in H.B. 202; and 4. filing and processing transfer cases under Section 11.06(1) of the Texas Family Code; and 5. the issuance of orders and writs of income withholding as provided by Sections 14.43 and 14.45 of the Texas Family Code. SECTION 6. ATTORNEY GENERAL OBLIGATIONS (FINANCIAL) A. MEASURE OF LIABILITY In consideration of fuQ satisfactory and timely performance hereunder, Attorney General shall be liable to County as specified by this Subsection, subject to the limitations set forth in Subsection C of this Section 6, and further subject to the reduction of liability for credits pursuant to Subsection B of this Section 6. 1. Attorney General shall be liable to County in an amount equal to the applicable reimbursement rate (which is sixty-six percent at the signing of this agreement) multiplied by the total permissible amount of charges as specified by Section 5 of H.B. 202 for services or performances provided by County, such charges representing no more than the actual costs incurred by County in performing Title IV-D services payable under H.B. 202. 2. Attorney General shall be liable to County in an amount equal to the state share of the charges by which the applicable reimbursement rate is multiplied pursuant to Pazagraph 1 of this Subsection. (It is noted that this Paragraph 2 will not operate to create additional liability on the part of the Attorney General until appropriations is addition to those in effect on the beginning date of this agreement have been made.) 3. The term, "applicable reimbursement rate", shall mean that fractional proportion of allowable child support enforcement program chazges for which the federal Office of Child Support Enforcement may and will make payment as federal financial participation (FFP) under federal law and regulations regazding the administration of the child support enforcement program. 4. The term, "state shaze", means the difference between the total permissible chazges by which the applicable reimbursement rate is multiplied pursuant to Paragraph 1 of this Subsection and the liability of Attorney General pursuant to Paragraph 1 of this Subsection. B. CREDITS 1. If the County recovers direct payments from obligors specifically for services or performances rendered in a Title TV-D child support case and for which Attorney General is liable or has made payment hereunder, then County shall credit such amounts to Attorney General on the billing to the Attorney General for the month during which such recovery Page 2 of 6 Pages i; made. All such credits shall be described and documented as Attorney General may reasonably require. Except as further provided by this Paragraph, County shall either, at its option: a) reduce the total permissible charges by which the applicable reimbursement rate is multiplied pursuant to Paragraph 1 of Subsection A of this Section 6 by the amount of such credits; or b) refund to Attorney General that amount of such credits for which the Attorney General is liable pursuant to Subsection A of this Section 6 or has made payment pursuant to Subsection D of this Section 6. In the event that the total of such credits exceeds the total permissible charges by which the applicable reimbursement rate is multiplied pursuant to Paragraph 1 of Subsection A of this Section 6, County shall refund to Attorney General that amount of such excess credits for which Attorney General has made, or is in the process of making, payment pursuant to Subsection D of [his Section 6. 2. County is not required to credit sums pursuant to Pazagraph 1 of this Subsection B recovered from obligors for charges or fees for which Attorney General is not liable hereunder. C. LIIvfITATIONS ON LIABII,TTY 1. It is expressly understood and agreed by the pazties hereto [hat any and all of Attorney General'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 and upon a valid state appropriation statute. In the event that such a State Plan should lapse or otherwise terminate, Attorney General shall notify County within ten (10) days of such fact in writing and Attorney General shall not be liable hereunder subsequent to Count}~s receipt of such written notification, except that Attorney General shall be liable to County for any expenses incurred pursuant to this agreement for which Attorney General receives money from the federal Office of Child Support Enforcement. 2. Attorney General shall be liable pursuant to Subsection A of this Section 6 only for charges and fees becoming due after commencement of this agreement and before termination of this agreement. 3. Attorney General shall not be liable for any charges pursuant to Subsection A of this Section 6 incurred by County of a type not described by, or in excess of, the amounts specified by Section 5 of H.B. 202. 4. Attorney General shall not be required to pay any charges incurred for performances rendered unless such charges are incurred and such performances are rendered strictly is accordance with the terms of this agreement. County must certify that payments for performances do not exceed the reasonable and necessary expenditures assignable to such performances. 5. Attorney General shall not be liable for any County charges pursuant to Subsection A of this Section 6 billed by County which are submitted more than ninety (90) days following the end of the calendar month in which such charges became due. 6. T'he Attorney General is liable to County pursuant to Pazagraph 1 of Subsection A of this Section 6 for any charge only to the extent that the FFP is received by the Attorney General, and if an amount is paid by the Attorney General and that amount is disallowed by the federal government or the FFP is not otherwise received, the District Clerk, Sheriff or Constable to whom the payment was made shall return the amount to the Attorney General not later than the 30th day after the date on which notice to do so is given by Attorney General to County. 7. Attorney General shall be liable to County hereunder only to the extent that an appropriation or appropriations have been made to Attorney General expressly, specifically and exclusively for the purpose of meeting Attorney General's obligations to counties pursuant to Section 5 of H.B. 202. (It is noted that on the beginning date of this agreement an appropriation is made by Section 9 of H.B. 202 from which Attorney General may pay liabilities arising pursuant to Pazagraph 1 of Subsection A of this Section 6, but no appropriation has been made from which Attorney General may pay any amounts pursuant to Pazagraph 2 of Subsection A of this Section 6.) D. METHOD OF PAYMENT 1. Except as further provided by this Pazagraph, for each calendaz month during the period of performance of this agreement, County shall bill Attorney General for liabilities of Attorney General not previously billed by County and unpaid by Attorney General which have accrued pursuant to this Section. County shall bill Attorney General in the Page 3 of 6 Pages 'manner and on the forms specified by Attorney General and shall provide such information and documentation as Attorney General may reasonably require. The billing otherwise required by this Paragraph shall not be required for those calendar months during which no liabilities or credits as provided by this Section 6 are applicable. 2. County shall keep records as provided by this Section 6 and Section 9 of this agreement in substantiation of such billings. 3. Attorney General agrees that billings received within fifteen (1~ days after the end of the calendar month for which such billings are made shall be reviewed and either: a) returned to County for correction or further information within fifteen (1ST days of receipt of such billings; or b) processed and submitted to Comptroller for payment in accordance with state procedures for issuing state payments. 4. County shall submit monthly vouchers with the accompanying processing forms attached to Attorney General. County shall furnish any other reports or information required by Attorney General or the federal government. S. A District Clerk, Sheriff and/or Constable may submit monthly vouchers on behalf of County. 6. Notwithstanding any other provision of this agreement, it is expressly understood and agreed by the parties hereto that Attorney General may, at its sole option and in its sole discretion, offset nay amounts owing to County hereunder against any amount owing but unpaid by County to Attorney General arising from this or any other obligation between Attorney General and County. 7. In the even[ that a state appropriation from which Attorney General may pay all amounts pursuant to Paragraph 2 of Subsection A of this Section 6 does not exist (which is the case upon the beginning date of this agreement), the state share shall be met by certified public expenditure by the County through the District Clerk, Sheriff or Constable to the extent [he state share is not paid by Attorney General, and County shall certify such fact to Attorney General in such form as may be reasonably requested. E. EXCESS PAYMENTS County shall refund within thirty (30) days to Attorney General, any sum of money which has been paid to County which Attorney General determines has resulted in an overpayment to County. County shall be solely responsible and liable for settlement of all audit exceptions which may be taken by DHHS or by Attorney General In the event that Attorney General makes a settlement with DHHS of audit exceptions for which County is liable or if Count}~s expenses are not allowable under this agreement or federal regulations, County will pay to Attorney General the amounts so determined, provided that Attorney General shall give County timely notice of such exceptions. Attorney General may deduct amounts payable by County to Attorney General pursuant to this Paragraph from amounts payable by Attorney General pursuant to Subsection C of this Section 6. SECTION 7. FUNDS SECURITY County shall insure that every person, who, as a part of his or her employment, receives, disburses, handles, or has access to funds collected pursuant to this agreement is covered by a bond against loss resulting from employee dishonesty. County further agrees to maintain methods of administration designed to assure that persons responsible for handling cash receipts and checks in payment for the fees for services for which Attorney General also may be charged pursuant to this agreement do not participate in accounting or operating functions which would permit them to conceal in the accounting records the misuse of those payments. Such methods of administration shall follow generally recognized accounting standards. SECTION 8. COMPLIANCE WITH OTHER REQUIREMENTS County and Attorney General expressly agree they shall comply with federal and state laws and will completely meet obligations imposed by rules, regulations and law in carrying out the program of child support enforcement pursuant to H.B. 2D2; TEX. FAM. CODE, Serxion 14:13 (Vernon 1990, as amended) and Title IV-D. Page 4 of 6 Pages SE(.'TION 9. EQUAL OPPORTUNITY County agrees that no person shall on the ground of race, color, religioq sex, national origin, age, handicap, political affiliation or belief be excluded from participation iq 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 made available under this agreement. SECTION 10. TERIvIINATION, CHANGES AND AMENDMENTS A. DISCRETIONARY TERIvIINATION Either of the parties to this agreement shall have the right, in such parts sole discretion and at its sole option, to terminate this agreement by notifying the other party hereto in writing of such termination at least five (5) calendar days prior to the effective date of such termination. Such notice of termination shall state the effective date of such termination. B. REJECTION CHANGE Upon notification by County to Attorney General of Counts rejection of a change pursuant to this Section 10, this agreement shall terminate without further action by either party, such termination to be effective as of the date County sends its written rejection. C. CHANGES IN LAW Any alterations, additions or deletions to the terms of this agreement which are required by changes in state or federal law aze automatically incorporated into this agreement without written amendment hereto, and shall be effective on the date designated by such state or federal law or other requirement, unless this agreement has been terminated prior to such date. D. CHANGES BY ATTORNEY GENERAL It is understood and agreed by the parties hereto that this agreement must at all times be in compliance with state and federal law, and regulations and procedures set forth by Attorney General, and that changes, interpretations and clarifications of such state and federal law and Attorney General's regulations and procedures and other requirements made by DHHS during the agreement period will have the effect of qualifying the terms of this agreement. Based on these considerations, and in order to ensure the legal and effective performance of this agreement by both parties, it is agreed by the parties hereto that this agreement may be amended in the maser provided herein. Attorney General shall have the right to propose to County amendments hereto that relate to such compliance and performance. Attorney General shall furnish County written notice of all amendments proposed pursuant to this Subsection D. Upon such notice by Attorney General to County, an amendment proposed pursuant to this Subsection D shall be deemed accepted and effective immediately upon receipt by County, unless County notifies Attorney General is writing within five (~ calendar days of such receipt of its rejection of the proposed amendment, in which case this agreement will terminate in accordance with the provisions of Subsection B of this Section 10 of this agreement. Upon Counts acceptance of the proposed amendment, such amendment becomes binding upon County and Attorney General as if written in this agreement. E. CONVENTIONAL AMENDMENT Except as specifically provided otherwise by this Section 10, any alterations, additions or deletions to the terms of this agreemcnt shall be by amendment hereto in writing and executed by both parries to this agreement. SECTION 11. NOTICE A. GENERAL Any notice required or permitted to be given under this agreement by one party to the other pazty shall be in writing and shall be given and deemed to have been given immediately if delivered in person to the address set forth in this Section for the party to whom the notice is given, or oa the date of certified receipt following mailing if placed in the United States mail, postage prepaid, by registered or certified mail with return receipt requested, addressed to the party at the address hereinafter specified. Page 5 of 6 Pages b. ATTORNEY GENERAL ADDRESS 1. All monthly vouchers with IV-D Child Support Court Costs Processing Forms attached, or forms previously approved by Attorney General, shall be mailed to the Office of the Attorney General, Child Support Enforcement Division, Litigation, P.O. Box 12017, Austin, Texas 78711-2017, Att: Child Support Court Costs. 2. Notices for early termination or for any purpose not specifically provided herein shall be mailed to General Counsel of Child Support Enforcement Division, Office of the Attorney General, P.O. Boz 12017, Austin, Texas 78711- 2017, Att.: Court Costs Agreement. C. COUNTY ADDRESS The address of County for all purposes under this agreement and for all notices hereunder shall be: THE HONORABLE W. G. STACY COUNTY JUDGE 700 I~IAIN STREET KER.R VIi i .E, TX 78028 D. ADDRESS CHANGES Either party may change the address to which notice is mailed hereunder by providing written notice of such change to the other party. The change of address shall become effective for purposes of this Section upon receipt of such notice by such other party. SECTION 12. VENUE This agreement shall be governed by and construed in accordance with the laws of the State of Texas. The venue of any suit brought for any breach of this agreement is fixed in any court of competent jurisdiction in Travis County, Texas, and all payments shall be due and payable in Travis County. V1~fTNESS OUR HANDS EFFECTIVE THE FIRST DAY OF SEPTEMBER, 1991. THE HONORABLE DAN MORALES ATTORNEY GENERAL OF THE STATE OF TEXAS ~ MARY F ~~~ ~ s DEP ATTORNEY GENERAL KERR COUNTY STATE OF TEXAS by; ~Lfr~-( THE HON RABLE W. . STACY COUNTY JUDGE Page 6 of 6 Pages COOPERATIVE AGREEMENT FOR TITLE IV-D PROGRAM BETWEEN THE OFFICE OF THE ATTORNEY GENERAL STATE OF TEXAS AND KERR COUNTY, TEXAS STATE OF TEXAS COUNTY OF KERR SECTION 1. PARTIES This agreement is made and entered into by and between the Office of the Attorney General of the State of Texas, hereinafter referred to as "Attorney General", and the County of KERB, Texas, hereinafter referred to as "Count}'. The parties hereto have severally and collectively agreed and by the execution hereof are bound to the mutual obligations and to performance and accomplishment of the tasks hereinafter described SECTION 2. AGREEMENT PERIOD This agreement shall commence September 1, 1991, and shall terminate August 31, 1993, unless terminated at an earlier date pursuant to the provisions of Section 10 of this agreement. SECTION 3. AUTHORITY AND REPRESENTATIONS Attorney General, as the state agency designated by Chapter 76 of the Texas Human Resources Code to administer a statewide plan for child support enforcement in compliance with Title TV, Part D, of the federal Social Security Act of 1935, as amended, hereinafter referred to as 'Title IV-D", and the regulations promulgated thereunder, seeks to obtain the performances contemplated of County by this agreement as a means of meeting certain requirements of federal and state law pertaining to the administration of such child support enforcement program. County may be required by state law to provide services and performances in a suit affecting the pazent-child relationship under Title TV-D, TEX. FAM. CODE ANN. Title 2 (Vernon 1990) including a suit to establish paternity, a suit to establish a child support obligatioq a motion to enforce or modify a decree, or a notice of child support delinquency, or in a suit under TEX. FAM. CODE ANN. Ch. 21 (Vernon 1990), and may be partially reimbursed for such services as provided in House Bill 202, Regular Sessioq 72nd Legislature, hereinafter referred to as "H.B. 202". SECTION 4. PERFORMANCE STANDARDS The performances called for in this agreement shall be rendered strictly in accordance with the applicable provisions of Title TV-D and the rules and regulations of the United States Department of Health and Human Services, hereinafter referred to as "DHHS". Such provisions include, but are not limited to, Part 300 of Title 45 of the Code of Federal Regulations and other applicable federal regulations relating to the child support program. In accordance with 45 CFR 303.107, standards of performance must meet federal requirements, and are those specified by this agreement and in H.B. 202, which enumerate the performances County is to provide in return for the payment of fees by Attorney General to the extent specified by H.B. 202 and federal law. Financial arrangements include budget estimates, which have been made on a statewide basis for agreements of this type by the Attorney General; covered expenditures, which are specified by H.B. 202; and methods of determining charges and procedures for billing, which are specified by Subsedioa C of Section 6 and other provisions of this agreement together with the forms and instructions provided hereunder. The beginning and ending dates of this agreement, conditions for revision or renewal and termination provisions are set forth herein. Payments for services purchased by the Attorney General from County under this agreement must be in accordance with rates of payment which do not exceed the amounts reasonable and necessary to assure the quality of such services and the charges reasonably assignabie to such services. The charges or amounts set forth in H.B. 202 represent less thaq or no more thaq the actual costs expended by the County in performing services for which the Attorney General is liable under this agreement. In no event shall County chazges exceed actual costs of performances required pursuant to H.B. 202 and this agreement. 'S:rCTION 5. COUNTY PERFORMANCE A. GENERAL County shall carry out certain duties provided by state law regazding the filing, service of process and the issuance of subpoenas, writs and orders in actions filed in conducting a statewide program of child support enforcement pursuant to Title IV-D. County shall provide Attorney General all the performances for which fees are listed in TEX. GOVT. CODE ANN., Section 51 (Vernon 1990). B. ENUMERATED FUNCTIONS County shall provide such performances as may be necessary anti appropriate to fulfill its obligations pursuant to Subsection A of this Section 5 including, but not limited to, the following enumerated functions: 1. filing and processing actions in suits affecting the pazent-child relationship (SAPCR) under Title 2, Texas Family Code, including a suit to establish paternity, a motion to enforce or modify a decree or a notice of child support delinquency, and a suit under Chagter 21, Texas Family Code; and 2. the issuance of service of process; and 3. the issuance of writs, orders and subpoenas as specified in H.B. 202; and 4. filing and processing transfer cases under Section 11.06(1) of the Texas Family Code; and 5. the issuance of orders and writs of income withholding as provided by Sections 14.43 and 14.45 of the Texas Family Code. SECTION 6. ATTORNEY GENERAL OBLIGATIONS (FINANCIAL) A. MEASURE OF LIABILITY In consideration of full, satisfactory and timely performance hereunder, Attorney General shall be liable to County as specified by this Subsection, subject to the limitations set forth in Subsection C of this Section 6, and further subject to the reduction of liability for credits pursuant to Subsection B of this Section 6. 1. Attorney General shall be liable to County in an amount equal to the applicable reimbursement rate (which is sixty-six percent at the signing of this agreement) multiplied by the total permissible amount of charges as specified by Section 5 of H.B. 202 for services or performances provided by County, such charges representing no more than the actual costs incurred by County in performing Title IV-D services payable under H.B. 202. 2. Attorney General shall be liable to County in an amount equal to the state share of the charges by which the applicable reimbursement rate is multiplied pursuant to Pazagraph 1 of this Subsection. (It is noted that this Paragraph 2 will not operate to create additional liability on the part of the Attorney General until appropriations in addition to those in effect on the beginning date of this agreement have been made.) 3. The term, "applicable reimbursement rate", shall mean that fractional proportion of allowable child support enforcement program chazges for which the federal Office of Child Support Enforcement may and will make payment as federal financial pazticipation (FFP) under federal law and regulations regarding the administration of the child support enforcement program. 4. The term, "state shaze", means the difference between the total permissible charges by which the applicable reimbursement rate is multiplied pursuant to Paragraph 1 of this Subsection and the liability of Attorney General pursuant to Paragraph 1 of this Subsection. B. CREDITS 1. If the County recovers direct payments from obligors specifically for services or performances rendered in a Title IV-D child support case and for which Attorney General is liable or has made payment hereunder, then County shall credit such amounts to Attorney General on the billing to the Attorney General for the month during which such recovery Page 2 of 6 Pages is made. All such credits shall be described and documented as Attorney General may reasonably require. Except as further provided by this Pazagraph, County shall either, at its option: a) reduce the total permissible chazges by which the applicable reimbursement rate is multiplied pursuant to Paragraph 1 of Subsection A of this Section 6 by the amount of such credits; or b) refund to Attorney General that amount of such credits for which the Attorney General is liable pursuant to Subsection A of this Section 6 or has made payment pursuant to Subsection D of this Section 6. In the event that the total of such credits exceeds the total permissible charges by which the applicable reimbursement rate is multiplied pursuant to Paragraph 1 of Subsection A of this Section 6, County shall refund to Attorney General that amount of such excess credits for which Attorney General has made, or is in the process of making, payment pursuant to Subsection D of this Section 6. 2. County is not required to credit sums pursuant to Paragraph 1 of this Subsection B recovered from obligors for charges or fees for which Attorney General is not liable hereunder. C. LIlvIITATIONS ON LIABILITY 1. It is expressly understood and agreed by the pazties hereto that any and all of Attorney General'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 and upon a valid state appropriation statute. In the event that such a State Plan should lapse or otherwise terminate, Attorney General shall notify County within ten (10) days of such fact in writing and Attorney General shall not be liable hereunder subsequent to Count}~s receipt of such written notification, except that Attorney General shall be liable to County for any expenses incurred pursuant to this agreement for which Attorney General receives money from the federal Office of Child Support Enforcement. 2. Attorney General shall be liable pursuant to Subsection A of this Section 6 only for charges and fees becoming due after commencement of this agreement and before termination of this agreement. 3. Attorney General shall not be liable for any chazges pursuant to Subsection A of this Section 6 incurred by County of a type not described by, or in excess of, the amounts specified by Section 5 of H.B. 2(12. 4. Attorney General shall not be required to pay any charges incurred for performances rendered unless such charges aze incurred and such performances are rendered strictly in accordance with the terms of this agreement. County must certify that payments for performances do not exceed the reasonable and necessary expenditures assignable to such performances. 5. Attorney General shall not be liable for any County charges pursuant to Subsection A of this Section 6 billed by County which are submitted more than ninety (90) days following the end of the calendar month in which such chazges became due. 6. The Attorney General is liable to County pursuant to Pazagraph 1 of Subsection A of this Section 6 for any charge only to the extent that the FFP is received by the Attorney General, and if an amount is paid by the Attorney General and that amount is disallowed by the federal government or the FFP is not otherwise received, the District Clerk, Sheriff or Constable to whom the payment was made shall return the amount to the Attorney General not later than the 30th day after the date on which notice to do so is given by Attorney General to County. 7. Attorney General shall be liable to County hereunder only to the extent that an appropriation or appropriations have been made to Attorney General expressly, specifically and exclusively for the purpose of meeting Attorney General's obligations to counties pursuant to Section 5 of H.B. 202. (It is noted that on the beginning date of this agreement an appropriation is made by Section 9 of H.B. 202 from which Attorney General may pay liabilities arising pursuant to Paragraph 1 of Subsection A of this Section 6, but no appropriation has been made from which Attorney General may pay any amounts pursuant to Paragraph 2 of Subsection A of this Section 6.) D. METHOD OF PAYMENT 1. Except as further provided by this Paragraph, for each calendar month during the period of performance of this agreement, County shall bill Attorney General for liabilities of Attorney General not previously billed by County and unpaid by Attorney General which have accrued pursuant to this Section. County shall bill Attorney General in the Page 3 of 6 Pages COMMISSIONERS' COURT AGENDA REQUEST *PLEASE FURNISH ONE OR i G I NAL AND FIVE COPIES OF THIS REQUEST AND DOCUMENTS TO BE REVIEWED BY THE COURT MADE BY: County Judge/Linda Uecker OFFICE: MEETING DATE: october 15, 1991 TIME PREFERRED: SUBJECT: (PLEASE BE SPECIFIC) Consideration of Contract between Kerr County and the Office of the Attorney General in order that the Attornev General be permitted under federal laws and regulations to pay certain fees in child suouort cases filed by the Attornev General's Office. EXECUTIVE SESSION REQUESTED: YES ._ NO x PLEASE STATE REASON FOR EXECUTIVE SESSION ESTIMATED LENGTH OF PRESENTATION: -- PERSONNEL MATTER - NAME OF EMPLOYEE: NAME OF PERSON ADDRESSING THE COURT: County Judge Time for submitting this request for Court to assure that the matter is posted in accordance with Article 6252-17 is as follows: * Meetings held on second Monday: 12:00 P.M. previous Wednesday ~ Meetings held on Thursdays: 5:00 P.M. previous Thursday THIS REQUEST RECEIVED BY: *~ - THIS REQUEST RECEIVED ON : october 8, 1991 ~ 10:30 am All Agenda Requests w111 be screened by the County Judge's Office to determine 1f adequate information has been prepared for the Court's formal consideration and action at time of Court meetings. Your cooperation w111 be appreciated and contribute towards your request being addressed at the earliest opportunity. See Agenda Request Guidelines. OgDER ~' 2p609 I ~~ OE '~ ~ 15. 1991 Vol S ~ Pa9e 4A2