ORDER NO. 24@59
AF'F'ROVAL OF COOPERATIVE RGREEMENT FOR
TITLE IV-D PROGRAM PETWEEN
THE OFFICE OF THE ATTORNEY GENERAL OF THE
STRTE OF TEXAS AND KERR COUNTY, TEXAS
On this the 14th day of July 1997, upon motion made 6y
Commissioner- Paldwin, seconded by Commissioner Lackey, the
Court unanimously approved by a vote of ~-@-@, the
Cooperative Agreement for Title IV-D Program between the
Office of the Attorney General of the State of Texas and Kerr
County, Texas.
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CERTIFICA'T'ION REGARDING LOBBYING
DEPARTME,~T OF HEALTH A1~'D HUMAN SERVICES
ADMIIJISTRATION FOR CI{ll.DRL-NAM) FAIJOL,IE$
PROGRAM: CHILD SUPPORT' 13NFORCL-MrNT PROGRAM
PURSUANT TO TrfLE IV-D OF THE SOCIAL SECURITY
ACT OF 1935 AS ADMINISTGRIiD BY Tli1= OFFICE OF
lNE Al`rORNhY GGNl3RA[.OF ITXAS
PEiZIOD: September 1 1997 to Aueust 31 1999
Certification for Contracts. Grants. Loans and Cooperative Agreements
The undersigned certifies; to the best of his or her knov,~ledge and belief, that:
(1) No Federal appropriated funds have been paid or wilt 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 malting 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 lvlcmber of Congress in connection with this Federal
contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit standard Form
LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions.
(3) The undersigned shall require that the language of this certification be included in the award
documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants,
loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly.
This certification is a material representation of fact upon which reliance was place 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 13.2, Title 31, U.S. Code. Any person who fails to file the required
certification shall be subject to a civil penalty of not less than $10;000 and not more than $100;000 for each
such failure
Sim tature
KERR COUNTY
COUNTY JUDGE
Title
July 14, 1997
A~~ency/OI_~ani~alion Datc
~~~1~~~~ ,~~~ ~ ;~~~ ~e>
Child Support Division
Post Office Box 12017
Austin, Texas 7871 1-20 17
Voice: (512) 460-6000 Fax: (512) 460-6070
Dan Morales
ATTORNEY GENERAL
May 28, 1997
The Honorable Robert A. Denson
County Judge, Kerr County
Courthouse, 700 Main St.
Kerrville, TX 78028
Re' Court Cost Agreement between the Office of the Attorney General and Kerr County
Dear Judge Denson:
The Court Cost Agreement that your county entered into with the Office of the Attorney General
expires on August 31, 1997. To ensure that the mutual provisions of the Agreement continue without
interruption, we are sending you a renewal Agreement for the years 1997 through 1999, as well as
anew Lobby Certification that covers the same period.
As you will note, we have made changes in the format of the Agreement. The changes were made
to enable each party to more easily understand the terms ofthe Agreement. However, no substantive
changes to the terms of the Agreement were made. If you have any questions regarding the content
of the Agreement please contact Sharon Sutton, Assistant Attorney General at (512) 460-6432.
We would appreciate your prompt attention to execution of the Agreement and the Lobby
Certification. After signing, please return the Agreement and Lobby Certification to me at the above
address. The Office of the Attorney General looks forward to another two yeazs of mutual
cooperation for the benefit of the children of Texas.
Sincerely,
~.~
"-"i/ -/ l ~ T/'L~
Joseph C. Fiore
Section Chief
Contracts Section
AN EQUAL OPPORTUNITY EMPLOYER
COOPERATIVE AGREEMENT FOR TITLE 1 V-D PROGRAM
BETWEEN
THE OFFICE OF THE ATTORNEY GENERAL
OF THE STATE OF TEXAS
AND
KERB COUNTY, TEXAS
INTRODUCTION
The Office of the Attorney General (OAG) and the County of Kerr (County) hereby enter
into an agreement to reimburse County for services provided to the Title IV, Part D of
the federal Social Security Act (Title IV-D) child support enforcement program. Said
services provided by the County are enumerated in Title 5: (The Parent-Child Relationship
and the Suit Affecting the Parent-Child Relationship), Texas Family Code as codified by
the 74th Texas Legislature.
SPECIFICATIONS
2.1 Agreement Period
This Agreement shall commence on September 1, 1997, and shall terminate on
August 31, 1999, unless terminated earlier by provisions of this Agreement.
2.2 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 given and deemed to have been
given immediately if delivered in person to the recipient's address set forth in this
section or 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.
2.2.1 County
The address of the County for all purposes under this Agreement and for
all notices hereunder shall be:
(County Judge), or his successor in office
Page I
2.2.2 OAG
The address of the OAG for all purposes under this Agreement and for all
notices hereunder shall be:
David Vela (or his successor in office)
IV-D Director, Child Support Division
Office of the Attorney General
P.O. Box 120]7
Austin, Texas 78711-2017
With copies to:
Joseph C. Fiore (or his successor in office)
Section Chief, Contracts Section
Office of the Attorney General
P.O. Box 12017
Austin, Texas 7871 1-201 7
2.3 Liaison
County and OAG each agree to maintain specifically identified liaison personnel
for their mutual benefit during the term of the agreement. The liaison(s) named by
County shall serve as the initial point(s) of contact for any inquiries made pursuant
to this agreement by OAG and respond to any such inquiries by OAG. The
liaison(s) named by OAG shall serve as the initial point(s) of contact for any
inquiries made pursuant to this agreement by County and respond to any such
inquiries by County. The liaison(s) shall be named in writing at the time of the
execution of this agreement. Subsequent changes in liaison personnel shall be
communicated by the respective parties in writing.
2.4 County Responsibilities
2.4.1 County shall perform duties as provided by state law regarding the filing,
issuance and service of process in actions filed in conjunction with a
statewide program of child support enforcement pursuant to Title IV-D.
2.4.2 County shall provide services as may be necessary to fulfill
its obligations pursuant to Subsection 2.4.1 of this section
including, but not limited to, the following enumerated
services:
2.4.2.1 Filing and processing actions in suits affecting the parent-
child relationship under Title 5, Texas Family Code as
Page 2
codified by the 74th Texas Legislature, including a suit to
estabiish paternity or support, a motion to enforce or
modify a decree, a notice of child support delinquency, and
in a suit under Chapter 159 of the Texas Family Code as
codified by the 74th Texas Legislature;
2.4.2.2 The issuance and service of process; including service of
process in actions pursuant to Chapter 232 of the Texas
Family Code as codified by the 74th Texas Legislature;
2.4.2.3 The issuance and delivery of writs, orders, and subpoenas as
specified in Section 231.202 of the Texas Family Code as
codified by the 74th Texas Legislature;
2.4.2,4 The filing and processing transfer cases under Sections
110.005 and 110.002 of the Texas Family Code as codified
by the 74th Texas Legislature; and
2.4.2.5 The issuance and delivery of orders and writs of income
withholding as provided by Chapter 158 of the Texas
Family Code as codified by the 74th Texas Legislature.
2.4.3 Credits
In instances when the county recovers direct payments from child support
obligors ("credits") for services rendered in Title IV-D child support cases
and for which the County has received payment, then County shall credit
such amounts to the OAG on the "IV-D Child Support Court Cost
Processing Form" for the month when the recovery from the obligor was
received. All such credits shall be described and documented as reasonably
required by the OAG. The County shall subtract the credits from the total
monthly charges for services prior to multiplying the charges by the
applicable reimbursement rate as described in Section 2.5.
2.4.3. I If the County's recovery of credits exceeds the total
monthly charges for services for which the OAG will be
liable, the OAG may offset the amount of the excess credits
against future claims submitted by County within the same
fiscal year. The term "fiscal year" refers to the State fiscal
year, which begins on September 1st and ends on August
31st of each year.
2.4.3.2 County will credit sums recovered from obligors only for
those charges for which the OAG is liable.
Page 3
2.4.3.3 County will follow generally accepted accounting principles
2.4.4 County shall refund to the OAG within thirty (30) days any sum of money
that has been paid to the County, that the OAG determines to be an
overpayment to County. The overpayment could result from a
disallowance or failure of the OAG to receive federal funding or audit
exceptions stemming from audits performed by the 0AG or Depatment of
Health and Human Services. OAG shall give the County timely notice of
such exceptions. The OAG may also, at its option, deduct the amount of
the excess payment from the amounts payable by the OAG for services
performed pursuant to Chapter 231, Texas Family Code as codified by the
74th Legislature and billed to the OAG by County.
2.4.5 County shall insure that every person who, as a part of their employment,
receives, disburses, handles or has access to funds collected pursuant to
this agreement does not participate in accounting or operating functions
that would permit them to conceal in the accounting records the misuse of
said funds.
2.S OAG Responsibilities
2.5.1 The OAG shall be financially liable to County as set out in 2.5.1.1, subject
to the limitations listed in Section 2.5.2 and further subject to the reduction
of liability for credits as specified in Section 2.4.3 of this Agreement.
2.5.1.1 The OAG shall be liable to County in an amount equal to
the State-to-County reimbursement rate in effect at the
actual time the duties are performed. The term, "State-to-
County reimbursement rate", shall mean that fractional
proportion of allowable county expense items which will be
reimbursed by the State. This rate is equal to the fractional
proportion of allowable child support enforcement program
charges which the federal Office of Child Support
Enforcement pays to the State as federal financial
participation (FFP) under Title IV-D, multiplied by the
total charges allowed under Section 231.202, Texas Family
Code as codified by the 74th Texas Legislature for services
provided by the County. These charges shall be no more
than the actual costs incurred by the County in performing
said services. For purposes of reference only, the applicable
State-to-County reimbursement rate at the effective date of
this Agreement is sixty-six percent (66%).
Page 4
2.5.1 2 The OAG will be liable to the County for the amount of the
state share of fees and costs specified in Section 231.202 of
the Texas Family Code as codified by the 74th Texas
Legislature, if and only i£, there is an express and specific
appropriation by the Texas Legislature. The term "state
share" means that portion of allowable expenses for fees
and other costs that remain unpaid after receipt of the
federal shaze of reimbursement and that is to be reimbursed
by the state or maybe contributed by certified public
expenditure by the County. This section will not operate to
create additional liability on behalf of the OAG until and
unless appropriations that are in addition to those in effect
on the beginning date of this Agreement are made.
2.5.2 Limitation of OAG Liability
2.5.2. I The OAG shall be liable for charges and fees becoming due
after commencement of this Agreement and before
termination of this Agreement.
2.5.2.2 The OAG is liable only for charges incurred by the County
for services and fees and charges described in Section
231.202 of the Texas Family Code as codified by the 74th
Texas Legislature.
2.5.2.3 The OAG is not required to pay chazges incurred for
performance of services unless such charges are incurred
and services rendered in accordance with the terms of this
agreement.
2.5.2.4 The OAG is liable to the County for payment of the federal
share of reimbursement for fees and costs under Section
231.202 of the Texas Family Code as codified by the 74th
Texas Legislature, to the extent that the OAG receives the
federal share. If the federal share is received by the OAG
and that amount is later disallowed by the federal
government, the County official to whom payment was
made shall return the amount to the OAG not later than the
thirtieth (30th) day after the date on which notice was given
by the OAG
2.5.2.5 The OAG shall be liable only for the costs which are
allowable according to the provisions of the federal Office
of Management and Budget (OMB) Circular A-87, "Cost
Page 5
Principles for State and Local Governments," and OMB
Circular A-102, "Uniform Administrative Requirements for
Grants-in-Aid to State and Local Governments," both of
which are published by the Executive Office of the President
of the United States of America.
2.6 Payment Processing Procedures
2.6.1 County shall bill or credit the OAG each month for liabilities or credits of
the OAG which have accrued during the preceding thirty (30) days which
have not been previously billed by the County. The OAG will provide
forms to enable County to provide documentation and information in a
format required by the OAG. During calendar month when no liabilities or
credits accrue, the County is not required to submit a monthly report.
2.6.2 County shall keep all records to substantiate the County billing.
2.6.3 The OAG shall review the billings within fifteen (15) business days after the
end of the calendar month in which the billings are made and either:
2.6.3.1 within fifteen days of receiving the billing return it to the
County for correction or to obtain further information; or
2.6.3.2 process and submit the billing to the Comptroller for
payment in accordance with state procedures for issuing
state payments.
2.6.4 The District Clerk, Sheriff, Constable and/or any designated county office
holder shall submit to the OAG monthly vouchers, with accompanying
processing forms attached.
2.7 Inspections, Monitoring and Audits
The OAG may monitor and conduct fiscal and/or program audits of County
program performance at reasonable times. The OAG may at its option or at the
request of County provide technical assistance to assist County in the operation of
this program. County shall grant to the OAG or HHS access, without prior notice,
to all books and records of the County pertinent to this agreement. The County
records may be inspected, monitored, evaluated, audited or copied. Reports or
other information relating to this program prepared by the County or at the request
of the County shall be furnished to the OAG within ninety (90) days of their
availability.
Page 6
3. TERMS AND CONDITIONS
3.1 Termination
Either party to this agreement shall have the right to terminate this agreement by
notifying the other party in writing of such termination and the proposed date of
the termination no later than five (5) days prior to the effective date of such
termination.
3.2 Record Retention
The County shall maintain and retain for a period of three (3) years after the
submission of the final expenditure report, or until full and final resolution of all
audit or litigation matters that arise before the expiration of the three (3) year
period after the submission of the final expenditure report, whichever time period
is longer, such records as are necessary to disclose fully the extent of services
provided under this Agreement, including, but not limited to, records that will
show the basis of the allowable charges and payments made. The provisions of
this section shall be incorporated into any subcontract executed by the County.
3.3 Civil Rights
County agrees that no person shall, on the ground of race, color, religion, sex,
national origin, age, disability, political affiliation, or religious belief, be excluded
from participation in, be denied the benefits or, 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 fund provided by this
Agreement. County shall comply with Title VIT of the Civil Rights Act of 1964
(Public Law 88-352), Section 504 of the Rehabilitation Act of 1973 (Public Law
93-112), and the Americans with Disabilities Act of 1990 (public Law 101-336).
County shall comply with Executive Order 1 ] 246, "Equal Employment
Opportunity" as amended by Executive Order 11375, "amending Executive Order
11246 relating to "Equal Employment Opportunity" and as supplemented by
regulations at 41 C.F.R. Part 6Q "Office of Federal Contract Compliance
Programs, Equal Employment Opportunity department ofLabor". County shall
ensure that all subcontracts comply with the above reference provisions.
3.4 Immigration Reform and Control Act of 1986
County shall comply with the provisions of the Immigration Reform and Control
Act of 1986, 100 Sat. 3359, by verifying the identity and authorization to work in
the united States of its employees assigned to this Agreement at any time during
the term of this agreement. County shall require compliance from any
subcontractors.
Page 7
3.5 Environmental Protection
County shall be in compliance with all applicable standards, orders, or
requirements issued pursuant to the mandates of the Clean Air Act (42 U.S.C.
Section 7401 et seq) and the Federal Water Pollution Control Act, as amended,
(33 U.S.C. 1251 et seq.).
3.6 Certain Disclosures Concerning Lobbying
County shall comply with the provisions of a federal law known generally as the
Lobbying Disclosure Acts of ] 989, and the regulations of the United States
Department of Health and Human Services promulgated pursuant to said law, and
shall make all disclosures and certifications as required by law. County must
submit the Certification Regarding Lobbying included with this Agreement. This
certification certifies that the County will not and has not used Federal
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.
3.7 Compliance With Law
County shall perform its obligations hereunder in such a manner to ensure its
compliance with law and to assure, with respect to County's performances, that
the OAG is carrying out the program of child support enforcement pursuant to
Title IV, Part D, of the federal Social Security Act of 1935, as amended.
3 8 Provision of Funding by United States
It is expressly understood that any and all of the OAG's obligations and liabilities
hereunder are contingent upon the existence of a state plan for child support
enforcement approved by the United States Department of Health and Human
Services providing for the statewide program of child support enforcement,
pursuant to the Social Security Act, and on the availability of Federal Financial
Participation for the activities described herein. In the event that such approval of
the state plan or the availability of Federal Financial Participation should lapse or
otherwise terminate, the OAG shall promptly notify County of such fact in writing.
Upon such occurrence the OAG shall discontinue payment hereunder.
Page 8
3.10 Changes in the Law
Any alterations, additions or deletions to the terms of this Agreement which are
required by changes in federal or state law are automatically incorporated into this
Agreement without written amendment to this Agreement and shall be effective on
the date designated by said federal or state law.
3.11 Amendments
Any changes to this Agreement, except those changes so designated in this
Agreement, shall be in writing and executed by both parties to this Agreement.
3.12 Entire Agreement
This instrument consisting often (10) pages, 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 contract that were made prior to the
execution of this contract have been reduced to writing and are contained herein.
3.13 Venue
This agreement shall be governed by and construed in accordance with the laws of
the State of Texas, except for its provisions regarding conflicts of laws. The venue
of any suit brought by OAG against County for any breach of this agreement is
fixed in any court of competent jurisdiction in Kerr County, Texas. The venue of
any suit brought by County against OAG 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, Texas.
Page 9
THIS AGREEMENT IS HEREBY ACCEPTED WITH AN EFFECTIVE DATE OF
SEPTEMBER 1, 1997.
OFFICE OF TIIE ATTORNEY GENERAL
David Vela
IV-D Director, Child Support Division
Jorge Vega
First Assistant Attorney General
KERR COUNTY
N me:
Co my Judge
Page 10
COOPERATIVE AGREEMENT" FOR TITLE 1V-D F'ROGRRM
BETWEEN
THE OFFICE OF THE RTTORNEY GENERRL
OF THE STATE OF "fEXRS
AND
KERB COUNTY, TEXRS
I. INTRODUCTION
The Office of the Attorney General (OAG) and the County of
N.er^r^ (Co~_~nty) her^e 6y enter' into an agr^eement to r•eimbur^se
County for- services provided to tie Title IV, Fart D of the
federal Social Sec~_irity Act (Title IV-D) child s~_ipport
enforcement pr^ogram. Said services pr^ovided by the County are
enumerated in Title S:(The Parent-Child Relationship and the
Suit Rffecting the Parent-Child Relationship), Texas Family
Code as codified by the 74th Texaa Legislature.
~. SF'ECIFICRTIONS
~. 1 Agreement F'er^iod
This Rgreement shall commence on Septemberl, 1997, and shall
terminate earlier' by pr^ovisions of this Agr^eement.
2.'~ Written Notice Delivery
Any notice r^equir^ed or permitted to be given under this
Rgreement by on party to the other par^ty shall be writing and
shall be given and deemed to have been given immediately if
deliver^ed in person to the r^eceipient's address set forth in
this section or on the date of certified receipt if place in
the United States mail postage prepaid 6y r^egistered or^
ter^tified mail with r-eturn r^eceipt r-equested, addressed to the
receiving party at the address hereinafter specified.
~.2. 1 Co~_~nty
The addr^ess of the County for^ all p~_~rposes under this
Rgreement and for^ all notices hereunder' shall be:
(County S~_idge), or his successor' in office
2. 2. 2 OAG
F'age i
The address of the ORG for all purposes under' this Rgreement
anti for^ all notices her^e under shall be:
David Vela (or his successor in office)
IV-D Dir^ector^, Child Support Division
Office of the Attorney General
F'. O. Rox 12017
Austin, Texas 78711-2017
With Copies to:
Joseph C. Fiore (or his successor in office)
Section Chief, Contracts Section
Office of the Attar^ney General
P. D. Pox 12017
Austin, Texas 78711-2017
2.3 Liaison
County and OAG each agree to maintain specifically identified
liaison personnel for their mut~_ial benefit during the term of
the agreement. The liaison(s) named by County shall serve as
the initial point(s) of contact for- any inquiries by OAG. The
liaision(s) named by OAG shall serve as the initial paint(s)
of contact for- any inq~.iiries made pursuant to this agreement
by County and r^espond to any such inquiries by County. The
liaison(s) shall 6e named in wr^iting at the time of the
execution of this agreement. Subsequent changes in liaision
personnel shall be communicated by the r^espective parties in
writing.
2.4 County Responsibilities
2.4.1 County shall perform duties as provided by state law
regarding the filing, issuance and service of process in
actions filed in conjunction with a statewide pr^ogr^am of child
suppor^t enforcement pursuant to Title IV-D.
2.4.2 County shall provide ser^vices as may be necessary to
fulfill its obligations pursuant to Subsection 2.4.1 of this
section including, b~..it not limited to the following enumerated
services:
2.4.2.1 Filing and processing actions in suits affecting the
parent-child relationship under Title 5, Texas Family Code as
page 2
codified by the 74th Texas Legislature, including a suit to
establish paternity or support, a motion to enforce or modify
a decree, a notice of child support delinquency, and in a
suite under Chapter 159 of the Texas Family Code as codified
by the 74th Texas Legislat~_~re;
2.4.2.2 The issuance and service of process, including ser^vice
of process in actions p~_~r^suant to Chapter^ 232 of the Texas
Family Code as codified by the 74th Texas Legislature;
2.4.2.3 The issuance and deliver^y of writs, orders, and
subpoenas as specified in Section 231.2Q~2 of the Texas Family
Code as codified by the 74th Texas Legislature;
2.4.2.4 The filing and processing transfer cases under^
Sections lla.aa5 and 110.0~D2 of the Texas Family code as
codified by the 74th Texas Legislature;and
2.4.2.5 The issuance and delivery of or^der^s and writs of
income withholding as provided by Chapter 158 of the Texas
Family Code as codified by the 74th Texas Legislature.
'2.4.3 Credits
In instances when the county recovers direct payments from
child support obligors ("credit") for services rendered in
Title IV-D child support cases and for which the County has
received payment, then County shall creidt such amounts to the
OAG on the "TV-D Child Support Court Cost Processing Farm" for
the month when the recovery from the obligor was received. R11
such credits shall be described and documented as r•easonabley
required by the OAG. The Co~_~nty shall subtract the credits
from the total monthly charges for^ services prior to
multiplying the charges 6y the applicable r•eimbur•sement rate
as described in Section 2. 5.
2.4.3.1 If the Co~xntyrs recovery of credits exceeds the total
monthly charges for services for which the OAG will 6e liable,
the OAG may offset the amount of the excess credits against
futur-~e claims submitted by County within the same fiscal year.
The term "fiscal yeaar" refers to the State fiscal year^, which
begins on September 1st and ends on August 31st of each year.
2.4.3.2 County will credit s~_~ms r^ecover•ed from obligors only
for those charges for which the OAG is liable.
Page 3
2.4.3.3 County will follow generally accepted accounting
principles.
2.4.4 County shall refund to the OAG within thirty (30) days
any sum on money that has been paid to the County, that the
OAG determines to be an overpayment to County. The overpayment
could result from a disallowance or failure of the OAG to
receive federal funding or audit exceptions stemming from
audits performed by the OAG or^ Department of Health and Human
Services. OAG shall give the County timely notice of such
exceptions. The OAG may also, at tis option, deduct the amount
of the excess payment from the amo~_ints payable by the OAG for
services performed p~_ir^suant to Chapter 231, Texas Family Code
as codified by the 74th Legislature and billed to the ORG by
County.
2.4.5 County shall insure
of their employment, rece
access to funds collected
participate in accounting
permit them to conceal in
said funds.
2.5 OAG Responsibilities
that every person who, as a part
fives, disbi_~r-ses, handles or has
pursuant to this agreement does not
or' oper^ating functions that would
the accounting records the misuse of
2.5.1 The OAG shall be financially liable to County
as set o~_~t in 2.5.1.1, subject to the limitations listed in
Section 2.5.2 and further subject to the reduction of
liability for credits as specified in Seciton 2.4.3 of this
Rgreement.
2.5.1.1 The OAG shall 6e liable to County in an amount eq~_~al
to the State-to-County r^eimbursement rate in effect at the
actual time the duties are preformed. The term, "State-to-
County reimbursement r-ate", shall mean that fractional
proportion of allowable county expense items which will be
r^eimbur^sed by the State. This rate is equal to the fractoinal
proportion of allowable child s~_~ppor^t enfor^cement program
char^ges which the federal Office of Child Support Enforcertient
pays to the State as federal financial participation (FFF')
under Title IV-A, multiplied by the total charges allowed
~_~nder Section 231.2@~, Texas Family Code as codified by the
74th Texas Legislature for services provided by the County.
These char^ges shall be no more than the actual costs incur^red
by the County in performing said ser'vices. for pur-poses of
refer^ence only, thFZ applicable State-to-Co~_~nty r^eimbur^sement
rate at the effective date of this Agreement is sixty-six
per-cent (66;G>.
F'age 4
'2.:,.1.2 The OAG will be liable to the County for^ the amount of
the state shar^e of fees and costs specified in Section 231.202
of the Texas Family Code as codified by the 74th Texas
Legislature, if and only if, they^e is an express and specific
appropriation by the Texas Legislature. The term "state share"
means that portion of allowable expenses for fees and other
costs that remain unpaid after- receipt of the federal share of
reimb~_irsement and that is to be reimbursed by the state or may
be contri6~_tted by certified public expenditure by the County.
This section will not operate to treat additional liability on
behalf of the OAG ~_intil and unless appr^opriations that are in
addition to those in effect on the beginning date of this
Agr^eement are made.
2. 5. Limitation of OAG Liability
2.5.2.1 The ORG shall be liable for^ charges and fees becoming
due after commencement of this Agreement and befor^e
termination of this Rgreement.
2.5.2.2 The ORG is liable only for charges incur^red by the
County for services and fees and charges described in Section
231.202 of the Texas Family Code as codified by the 74th Texas
Legislature.
2.5.2.3 The OAG is not requir^ed to pay charges incurr^ed for^
performance of services unless such charges are incurred and
services rendered in actor-dance with the terms of this
agreement.
2.5.2.4 The ORG is liable to the County for payment of the
federal share of r^eimbur^sement for fees and costs under~
Section 231.202 of the Texas Family Code as codified by the
74th Texas Legislature, to the extent that the OAG r^eceives
the feder^al share. If the feder^al share is received by the ORG
and that amount is later disallowed by the feder^a1 government,
the Co~_inty official to whom payment was made shall retur^n the
amount to the OAG not later- than the thir^tieth (30) day after~
the date on which notice was given by the OAG.
~. J. C_J The ORG shall be liable only for^ the costs which are
allowable accor-ding to the provisions of the federal Office of
Management and Padget (OMB) Circular- R-87, "Cost
F'age v
pr^inciples for^ State and Local Governments," and OMB
Circular A-102, "Uniform Administrative Requirements for
Grants-in-Aid to State and Local Gover^nements," both of which
are published by the Executive Office of the President of the
United States of America.
2.6 Payment processing F'r^ocedur^es
2.6.1 County shall bill or cr'edit the OAG each mont for
liabilities or^ cr-edits of the OAG which have accrued during
the preceding thirty (30) days which have not bee pr^eviously
billed by the County. The OAG will provide for^ms to enable
county to provide documentation and information in a format
requir^ed by the OAG. llur^ing calendar^ month when no liabilities
or cr-edits accrue, the County is not requir^ed to submit a
monthly r^e port.
2.6.2 County shall keep all r^ecords to substantiate the County
billing.
2.6.3 The OAG shall review the
business days after the end of
billings ar^e made and either^:
billings within fifteen l15)
the calendar^ month in which the
2.6.3.1 within fifteen days of
it to the County for corr^ection
information;or
r^eceiving the billings retur^n
or^ to obtain fur^ther^
2.6.3.2 pr^ocess and submit the billing to the Comptroller~
for payment in accordance with state pr-ocedures for^ issuing
state payments.
2.6.4 The Distr^ict Clerk, Sher^iff, Constable and/or
designated county office holder shall submit to the ORG
monthly vouchers, with accompanying processing forms attached.
2.7 Inspections, Monitoring and Audits
The OAG may monitor- and conduct fiscal and/or^ pr^ogram audits
of County program performance at r^easonable times. The OAG may
at its option or^ at the request of County provide technical
assistance to assist County in the open^ation of this program.
County shall grant to the ORG or HHS access, without pr^ior
to all books and records of the County per^tinent to this
agreement. The County records may be inspected, monitor^e d,
evaluated, audited or^ copied. Repor^ts or^ other- infor-motion
relating to this pr^ogr'am prepared by the County or^ at the
r^equest of the County shall he ft.irnised to the OAG within
ninety (90) days of their- availability.
F'age 6
3. TERMS AND CONDITIONS
3.1 Termination
Either party to this agreement shall have the right to
terminate this agr^eement by notifying the other party in
writing of such termination and the proposed date of the
termination no later than five i5) days prior^ to the effective
date of such termination.
3.2 Record Retention
The County shall maintain and retain for^ a period of three
(3) years after the submission of the final expenditure
report, or ~_~ntil full and final resolution of all audit or
litigation matter^s that arise before the expiration of the
three (,:~) year per^iod after the submission of the final
expenditi.ire r^epor-t, whichever time period is longer, s~_~ch
r^ecords as are necessary to disclose fully the extent of
services provided under this Agreement, including, b~_it not
limited to, records that will show the basis of the allowable
charges and payments made. The pr-ovisions of this section
shall be incorporated into any subcontract executed by the
Co~.mty.
3.3 Civil Rights
County agr^ees that no person shall, on the gr^ound of race,
color^, religion, sex, national or^igin, age, disability,
political affiliation, or r^eligious belief, be excluded from
participation in, be denied the benefits or^, 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 par-t iwth fund provided by this
Rgreement. County shall comply with Title VII of the Civil
Rights Act of 1964 (Public Law 88-352), Section 504 of the
Rehabilitation Act of 1973 (Public Law 93-112), and the
Americans with disabilities Act of 1990 (public Law 101-336).
County shall comply with Exec~_itive Order- 11246 "Equal
Employment Opportunity" as amended by Executive Or^der^ 11375,
"amending Executive Order 1146 relating to "Equal Employment
Opportunity" and as supplemented by r^egulations at 41 C. F. R,
Part 60, "Office of Federal Contract Compliance F'rogr^a m, Eq~_ial
Employment Oppor^t~_~nity depar^tment of Labor", County shall
ensure that all subcontracts comply with the above reference
provisions.
3.4 Immigr^ation Reform and Control Act of 1986
Co~_~nty shall comply iwth the provisions of the Immigration
Reform and Control Act of 1986, 100 Sat. 3359, by verifying
the identity and authorization to work in the United States of
its employees assigned to this Rgreement at any time during
thie ter^m of this agreement. County shall req~.aire compliance
from any s~_ibcontr^actor^s,
Page 7
3.5 Envir-onmental F'r•otectian
County shall be in compliance with all applicable standards,
orders, or requir-ements issued pursuant to the mandates of the
Clean Rir Act (42 L1. S. C. Setion 7401 et seq> and the Federal
Water F'oll~_ition Control Act, as amended, (33 U.S.C. 1251 et
seq.)
3.E Cer^tain Disclosures Concerning L.o6bying
County shall comply iwth the provisions of a federal law known
generally as the Lobbying Disclosure Acts of 1989, and the
regulations of the United States Department of Health and
Human Services promulgated pursuant to said law, and shall
make all disclos~_tr-es and certifications as required by law.
County must s~_i6mit the Certification Regarding Lobbying
included with this Agreement. This certification certifies
that the Co~_inty will not and has not used Federal appropriated
f~_~nds to pay any person or organizaiton for influencing or
attempting to infl~_~ence any officer or employee of any Federal
agency, a member- of Congress, officer, or- 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 fronds that takes place in connection with
obtaining any Federal award by completing and submitting
standard Form LLL.
3.7 Compliance with Law
County shall perform its obligations hereunder in such a
manner to ensi.ire its compliance with law and to assure, with
respect to County's performances, that the OAG is carrying out
the program of child s~_~pport enforcement p~.nrsuant to Title IV,
Fart D, of the federal Social Security Act of 1935, as
amended.
3.8 F'r^ovison of Funding by United States
It is expressly ~.xnderstood that any and all of the ORG's
obligations and liabilities hereund er^ are contingent upon the
existence of a stat plan for- child si.ipport enforcement
approved by the United States Department of Health and H~_~man
Services providing for- the statewide program of child suppar't
enforcement, pursuant to the Social Security Het, and on the
availability of Federal Financial Participation for the
activities described herein. In the event that such approval
of the state plan or the availability of Federal Financial
Participation should lapse or otherwise ter^minate, the OAG
shall promptly notify County of s~..ich fact in writing.
Upon s~_~ch occurrence the OAG shall discontinue payment
herei.inder^.
F'age 8
3.10 Changes in the Law
Rny alterations, additons, or deletions to the teems of this
Agreement which are required by changes in federal or state
law ar•e automatically incorporated into this Agreement witho~_~t
written amendment to this Agreement and shall be effective on
the date designated by said feder^al or state law.
3.11 Amendments
Any changes to this Agreement, except those changes so
designated in this Rgreement shall be in writing and exec~_ited
by both par^ties to this Rgreement.
3. 1;. Ent it°e Agreement
This instr^ument consisting of ten i10> pages, constitutes
the entire agreement between the parties hereto, and all oral
or written agreements between the parties hereto r^elating to
the subject matter of this contract that were made prior to
the execution of this contr^act have been reduced to writing
and are contained herein.
3.13 Ven~_ie
This agreement shall be governed by and construed in
accordance with the laws of the State of Texas, except for• its
provisions regarding conflicts of laws. The venue of any suit
brought by ORG agaist Caunty for• any breach of this agreement
is fixed in any court of competent .j~_ir•isdiction in Ker^r
County, Texas. The venue of any s~.ait brought by Co~_inty
against OAG for• any breach of this agreement is fixed in any
court of competent j~_~r•isdication in Travis Gounty, Texas, and
all payments shall 6e due and payable in Travis County, Texas.
Page 9
THI5 AGREEMENT IS HEREBY ACCEPTED WITH AN EFFECTIVE DATE OF
SEPTEMBER 1, 1997.
OFFICE OF THE ATTORNEY GENERAL
David Vela
IV-D Director, Child Support Division
Jorge Vega
First Rssistance Attorney General
KERR COUNTY
/s/Robert A. Denson
Name:
County J~_idge
Page 10
~~°``~EY~~~ Child Support Division
y~~ 0 O ~ D
~'T~pS` U~1C~C-JC.~VC ~O U C.-.7VC~
TO: County Judge
FROM: Cazol Stueler
DATE: October 27, 1997
SUBJECT: Court Cost Agreement with the Office of the Attorney General
Enclosed please find a fully executed original contract for your file. If you have any questions or
comments, please feel free to contact me at (512) 460-6430. Thanks for your assistance with this
matter.
COOPERATIVE AGREEMENT FOR TITLE 1 V-D PROGRAM
BETWEEN
THE OFFICE OF THE ATTORNEY GENERAL
OF THE STAANEDOF TEXAS O 14 2 4
98-
KERRCOUNTY. TEXAS
I.
2.
INTRODUCTION
The Office of the Attorney General (OAG) and the County of Kerr (County) hereby enter
into an agreement to reimburse County for services provided to the Title IV, Part D of
the federal Social Security Act (Title IV-D) child support enforcement program. Said
services provided by the County aze enumerated in Title 5: (The Parent-Child Relationship
and the Suit Affecting the Parent-Child Relationship), Texas Family Code as codified by
the 74th Texas Legislature
SPECIFICATIONS
2.1 Agreement Period
This Agreement shall commence on September 1, 1997, and shall terminate on
August 31, 1999, unless terminated earlier by provisions of this Agreement.
2.2 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 given and deemed to have been
given immediately if delivered in person to the recipient's address set forth in this
section or 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.
2.2.1 County
The address of the County for all purposes under this Agreement and for
all notices hereunder shall be:
(County Judge), or his successor in office
Page 1
2 2 2 OAG
The address of the OAG for all purposes under this Agreement and for all
notices hereunder shall be:
David Vela (or his successor in office)
IV-D Director, Child Support Division
Office of the Attorney General
P.O. Box 12017
Austin, Texas 78711-2017
With copies to:
Joseph C. Fiore (or his successor in office)
Section Chief, Contracts Section
Office of the Attorney General
P.O. Box 12017
Austin, Texas 78711-2017
2.3 Liaison
County and OAG each agree to maintain specifically identified liaison personnel
for their mutual benefit during the tersn of the agreement. The liaison(s) named by
County shall serve as the initial point(s) of contact for any inquiries made pursuant
to this agreement by OAG and respond to any such inquiries by OAG. The
liaison(s) named by OAG shall serve as the initial point(s) of contact for any
inquiries made pursuant to this agreement by County and respond to any such
inquiries by County. The liaison(s) shall be named in writing at the time of the
execution of this agreement. Subsequent changes in liaison personnel shall be
communicated by the respective parties in writing.
2.4 County Responsibilities
2.4.1 County shall perform duties as provided by state law regarding the filing,
issuance and service of process in actions filed in conjunction with a
statewide program of child support enforcement pursuant to Title IV-D
2.4.2 County shall provide services as maybe necessary to fulfill
its obligations pursuant to Subsection 2.4.1 of this section
including, but not limited to, the following enumerated
services
2.4.2.1 Filing and processing actions in suits affecting the parent-
child relationship under Title 5, Texas Family Code as
Pagc 2
codified by the 74th Texas Legislature, including a suit to
establish paternity or support, a motion to enforce or
modify a decree, a notice of child support delinquency, and
in a suit under Chapter 159 of the Texas Family Code as
codified by the 74th Texas Legislature;
2.4.2.2 The issuance and service of process; including service of
process in actions pursuant to Chapter 232 of the Texas
Family Code as codified by the 74th Texas Legislature;
2.4.2.3 The issuance and delivery of writs, orders, and subpoenas as
specified in Section 231.202 of the Texas Family Code as
codified by the 74th Texas Legislature;
2.4.2.4 The filing and processing transfer cases under Sections
110.005 and 110.002 of the Texas Family Code as codified
by the 74th Texas Legislature; and
2.42.5 The issuance and delivery of orders and writs of income
withholding as provided by Chapter I58 of the Texas
Family Code as codified by the 74th Texas Legislature.
2.4.3 Credits
In instances when the county recovers direct payments from child support
obligors ("credits") for services rendered in Title IV-D child support cases
and for which the County has received payment, then County shall credit
such amounts to the OAG on the "IV-D Child Support Court Cost
Processing Form" for the month when the recovery from the obligor was
received. All such credits shall be described and documented as reasonably
required by the OAG. The County shall subtract the credits from the total
monthly charges for services prior to multiplying the charges by the
applicable reimbursement rate as described in Section 2.5.
2.4.3.1 If the County's recovery of credits exceeds the total
monthly charges for services for which the OAG will be
liable, the OAG may offset the amount of the excess credits
against future claims submitted by County within the same
fiscal year. The term "fiscal year" refers to the State fiscal
year, which begins on September 1st and ends on August
31st of each year.
2.4.3.2 County will credit sums recovered from obligors only for
those charges for which the OAG is liable.
Page 3
2.4.3.3 County will follow generally accepted accounting principles.
2.4.4 County shall refund to the OAG within thirty (30) days any sum of money
that has been paid to the County, that the OAG determines to be an
overpayment to County. The overpayment could result from a
disallowance or failure of the OAG to receive federal funding or audit
exceptions stemming from audits performed by the 0AG or Depatment of
Health and Human Services. OAG shall give the County timely notice of
such exceptions. The OAG may also, at its option, deduct the amount of
the excess payment from the amounts payable by the OAG for services
performed pursuant to Chapter 231, Texas Family Code as codified by the
74th Legislature and billed to the OAG by County.
2.4.5 County shall insure that every person who, as a part of their employment,
receives, disburses, handles or has access to fixnds collected pursuant to
this agreement does not participate in accounting or operating functions
that would permit them to conceal in the accounting records the misuse of
said funds.
2.5 OAG Responsibilities
2.5.1 The OAG shall be financially liable to County as set out in 2.5.1.1, subject
to the limitations listed in Section 2.5.2 and further subject to the reduction
of liability for credits as specified in Section 2.4.3 of this Agreement.
2.5.1.1 The OAG shall be liable to County in an amount equal to
the State-to-County reimbursement rate in effect at the
actual time the duties are performed The term, "State-to-
County reimbursement rate", shall mean that fractional
proportion of allowable county expense items which will be
reimbursed by the State. This rate is equal to the fractional
proportion of allowable child support enforcement program
charges which the federal Office of Child Support
Enforcement pays to the State as federal financial
participation (FFP) under Title IV-D, multiplied by the
total charges allowed under Section 231.202, Texas Family
Code as codified by the 74th Texas Legislature for services
provided by the County. These charges shall be no more
than the actual costs incurred by the County in performing
said services. For purposes of reference only, the applicable
State-to-County reimbursement rate at the effective date of
this Agreement is sixty-six percent (66%)
Page 4
2.5.1.2 The OAG will be liable to the County for the amount of the
state share of fees and costs specified in Section 231.202 of
the Texas Family Code as codified by the 74th Texas
Legislature, if and only if, there is an express and specific
appropriation by the Texas Legislature. The term "state
share" means that portion of allowable expenses for fees
and other costs that remain unpaid after receipt of the
federal share of reimbursement and that is to be reimbursed
by the state or may be contributed by certified public
expenditure by the County. This section will not operate to
create additional liability on behalf of the OAG until and
unless appropriations that are in addition to those in effect
on the beginning date of this Agreement are made.
2.5.2 Limitation of OAG Liability
2.5.2 1 The OAG shall be liable for charges and fees becoming due
after commencement of this Agreement and before
termination of this Agreement.
2.5.2.2 The OAG is liable only for charges incurred by the County
for services and fees and charges described in Section
231.202 of the Texas Family Code as codified by the 74th
Texas Legislature.
2.5.2.3 The OAG is not required to pay charges incurred for
performance of services unless such charges are incurred
and services rendered in accordance with the terms of this
agreement.
25.2.4 The OAG is liahle to the County for payment of the federal
share of reimbursement for fees and costs under Section
231.202 of the Texas Family Code as codified by the 74th
Texas Legislature, to the extent that the OAG receives the
federal share. If the federal share is received by the OAG
and that amount is later disallowed by the federal
government, the County official to whom payment was
made shall return the amount to the OAG not later than the
thirtieth (30th) day after the date on which notice was given
by the OAG.
2.5.2.5 The OAG shall be liable only for the costs which are
allowable according to the provisions of the federal Office
of Management and Budget (OMB) Circular A-87, "Cost
Page 5
Principles for State and Local Governments," and OMB
Circular A-102, "Uniform Administrative Requirements for
Grants-in-Aid to State and Local Governments," both of
which are published by the Executive Officc of the President
of the United States of America.
2.6 Payment Processing Procedures
2.6.1 County shall bill or credit the OAG each month for liabilities or credits of
the OAG which have accrued during the preceding thirty (30) days which
have not been previously billed by the County. The OAG will provide
forms to enable County to provide documentation and information in a
format required by the OAG. During calendar month when no liabilities or
credits accrue, the County is not required to submit a monthly report.
2.6.2 County shall keep all records to substantiate the County billing.
2.6.3 The OAG shall review the billings within fifteen (15) business days after the
end of the calendar month in which the billings are made and either:
2.6.3.1 within fifteen days of receiving the billing return it to the
County for correction or to obtain further information; or
2.6.3.2 process and submit the billing to the Comptroller for
payment in accordance with state procedures for issuing
state payments.
2.6.4 The District Clerk, Sheriff, Constable and/or any designated county office
holder shall submit to the OAG monthly vouchers, with accompanying
processing forms attached.
2.7 Inspections, Monitoring and Audits
The OAG may monitor and conduct fiscal and/or program audits of County
program performance at reasonable times. The OAG may at its option or at the
request of County provide technical assistance to assist County in the operation of
this program. County shall grant to the OAG or HHS access, without prior notice,
to all books and records of the County pertinent to this agreement. The County
records may be inspected, monitored, evaluated, audited or copied. Reports or
other information relating to this program prepared by the County or at the request
of the County shall be furnished to the OAG within ninety (90) days of their
availability.
Page 6
TERM5 AND CONDITIONS
3.1 Termination
Either party to this agreement shall have the right to terminate this agreement by
notifying the other party in writing of such termination and the proposed date of
the termination no later than five (5) days prior to the effective date of such
termination.
3.2 Record Retention
The County shall maintain and retain for a period of three (3) years after the
submission of the final expenditure report, or until full and final resolution of all
audit or litigation matters that arise before the expiration of the three (3) year
period after the submission of the final expenditure report, whichever time period
is longer, such records as are necessary to disclose fully the extent of services
provided under this Agreement, including, but not limited to, records that will
show the basis of the allowable charges and payments made. The provisions of
this section shall be incorporated into any subcontract executed by the County.
3.3 Civil Rights
County agrees that no person shall, on the ground of race, color, religion, sex,
national origin, age, disability, political affiliation, or religious belief, be excluded
from participation in, be denied the benefits or, 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 fund provided by this
Agreement. County shall comply with Title VII of the Civil Rights Act of 1964
(Public Law 88-352), Section 504 of the Rehabilitation Act of 1973 (Public Law
93-I 12), and the Americans with Disabilities Act of 1990 (public Law 101-336).
County shall comply with Executive Order 1 ] 246, "Equal Employment
Opportunity" as amended by Executive Order 11375, "amending Executive Order
11246 relating to "Equal Employment Opportunity" and as supplemented by
regulations at 41 C.F.R. Part 6Q "Office of Federal Contract Compliance
Programs, Equal Employment Opportunity department of Labor". County shall
ensure that all subcontracts comply with the above reference provisions.
3.4 Immigration Reform and Control Act of 1986
County shall comply with the provisions of the immigration Reform and Control
Act of 1986, 100 Sat. 3359, by verifying the identity and authorization to work in
the united States of its employees assigned to this Agreement at any time during
the term of this agreement. County shall require compliance from any
subcontractors.
Page 7
3.5 Environmental Protection
County shall be in compliance with all applicable standards, orders, or
requirements issued pursuant to the mandates of the Clean Air Act (42 U.S.C.
Section 7401 et seq) and the Federal Water Pollution Control Act, as amended,
(33 U.S.C 1251 et seq.).
3.6 Certain Disclosures Concerning Lobbying
County shall comply with the provisions of a federal law known generally as the
Lobbying Disclosure Acts of 1989, and the regulations of the United States
Department of Health and Human Services promulgated pursuant to said law, and
shall make all disclosures and certifications as required by law. County must
submit the Certification Regarding Lobbying included with this Agreement. This
certification certifies that the County will not and has not used Federal
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.
3.7 Compliance With Law
County shall perform its obligations hereunder in such a manner to ensure its
compliance with law and to assure, with respect to County's performances, that
the OAG is carrying out the program of child support enforcement pursuant to
Title IV, Part D, of the federal Social Security Act of 1935, as amended.
3.8 Provision of Funding by United States
It is expressly understood that any and all of the OAG's obligations and liabilities
hereunder are contingent upon the existence of a state plan for child support
enforcement approved by the United States Department of Health and Human
Services providing for the statewide program of child support enforcement,
pursuant to the Social Security Act, and on the availability of Federal Financial
Participation for the activities described herein. In the event that such approval of
the state plan or the availability of Federal Financial Participation should lapse or
otherwise terminate, the OAG shall promptly notify County of such fact in writing.
Upon such occurrence the OAG shall discontinue payment hereunder.
Page 8
3.10 Changes in the Law
Any alterations, additions or deletions to the terms of this Agreement which are
required by changes in federal or state law are automatically incorporatcd into this
Agreement without written amendment to this Agreement and shall be effective on
the date designated by said federal or state ]aw.
3.11 Amendments
Any changes to this Agreement, except those changes so designated in this
Agreement, shall be in writing and executed by both parties to this Agreement.
3.12 Entire Agreement
This instrument consisting often (10) pages, 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 contract that were made prior to the
execution of this contract have been reduced to writing and are contained herein.
3.13 Venue
This agreement shall be governed by and construed in accordance with the laws of
the State of Texas, except for its provisions regarding conflicts of laws. The venue
of any suit brought by OAG against County for any breach of this agreement is
fixed in any court of competent jurisdiction in Ken County, Texas The venue of
any suit brought by County against OAG 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, Texas.
Page 9
THIS AGREEMENT IS HEREBY ACCEPTED WITH AN EFFECTIVE DATE OF
SEPTEMBER 1, 1997.
OFFICE OF THE ATTORNEY GENERAL
~L~-
David Vela
IV-D Director, Child Support Division
i~
a '
Jorge ega
Fir Assistant Attorney General
KERB COUNTY
N e:
C unty Judge
Page 10