ORDER NO. 26851

APPROVE COOPERATIVE AGREEMENT
BETWEEN THE OFFICE OF THE ATTORNEY GENERAL
OF THE STATE TEXAS AND KERR COUNTY

On this the 22nd day of January 2001, upon motion made by
Commissioner Baldwin, seconded by Commissioner Griffin, the
Court unanimously approved by a vote of 3-0-0, to approve
the cooperative agreement between the the Office of Attoreny
General of the State of Texas and Kerr County, and the 
County Judge to sign and approve the same.
COMMISSIONERS' COURT AGENDA REQUEST
PLEASE FURNISH ONE ORIGINAL AND NINE COPIES OF THIS REQUEST AND DOCUMENTS TO BE
REVIEWED BY THE COURT.
MADE BY: Linda iJecker OFFICE: District Clerk
MEETING DATE: January 22, 2001 TIME PREFERRED:
SUBJECT: (PLEASE BE SPECIFIC)
Consider and discuss approval of Cooperative Agreement between the Office of the
Attorney General of the State of Texas and Ken County, Texas and authorize the County
Judge to sign same. .
EXECUTIVE SESSION REQUESTED: (PLEASE STATE REASON)
NAME OF PERSON ADDRESSING THE COURT:
ESTIMATED LENGTH OF PRESENTATION:
IF PERSONNEL MATTER -NAME OF EMPLOYEE:
District Clerk
Time for submitting this request for Court to assure that the matter is posted in accordance with Title 5, Chapter
551 and 552, Government Code, is as follows:
Meeting scheduled for Mondays:
'I'H1S KEQUES'1' RECEIVEll BY:
THIS REQUEST RECEIVED ON:
5:00 P.M. previous Tuesday.

All Agenda Requests will be screened by the County Judge's Office to determine if adequate information has been
prepared for the Court's formal consideration and action at time of Court Meetings. Your cooperation will be
appreciated aocl contribute towazds you request being addressed at the eazlies~opportunity. See Agenda Request Rules
Adopted by Con~issioners' Court.
OfEI<F OF THE ATTO0.N FY GENFML STATF Of TF%AS
IOHN CORNYN
November 2, 2000
The Honorable Linda Uecker
Courthouse, 700 East Main Street
Kerrville, Texas 78028-5389
Re: Agreement between Kerr County and the Office of the Attorney General
Contract No. 01-02337
Dear District Clerk
Attached are three original copies of the above referenced Agreement for the County Judge's signature.
Attachment A, is the "OAG Information Security Policy Manual" which all personnel obtaining access
to the OAG system must read. Attachment B, represents the Security Statement which all personnel
requesting access to the OAG system must complete and sign. Attachment C, "IRS Information
Disclosure Limitations", shall be read and signed by all personnel requesting access to the OAG
system. Attachment D, "Warning: Disclosure Limitations", shall be posted by the County in all
County work areas affected by this Agreement. Attachment E, "Certification Regarding Lobbying",
shall be signed by the County Judge.
After all three original copies have been signed, please return them to my attention
Office of the Attorney General
Child Support Division, Mail Code 058-3
P. O. Box 12017
Austin, TX 7 87 1 1-201 7
Upon receipt of the three signed original copies, the documents will be routed to Howard G. Baldwin,
Jr., Deputy Attorney General for Child Support for signature. After the documents have been signed
by all parties, one original copy will be returned to you.
If you should have any further questions regarding the execution of this Agreement, please contact me
at (512)460-6379.
If you should have any further questions concerning the substance of this Agreement, please contact
Judy Anderson at (512) 460-6445.
Thank you for your continued cooperation and assistance.
Sincerely,
~~~ ~~
Sue Myers
Government Contracts
,, ~, l	P.O. Box 12017
~
-
lilJ 1/V`~
/~	Austin, Tx. 8711-2017
-}-
~
/
~
l/~T	
What Every County Judge and County Commissioner
Needs to Know About the
Texas Child Support Disbursement Unit
(TxCSDU)
What is the State Disbursement Unit
The Office of the Attorney General, ns the Title IV-D agency, is mandated by federal law
to implement a centralized child support collection and disbursement unit. Specifically,
the SDU must collect and disburse payments on all Title IV-D cases, and all non-IV-D
cases with child support orders subject to income withholding. This mnndnte applies to
non IV-D orders issued after January 1, 1994. The OAG vendor, Lockheed Martin, IMS,
assumed operations of the Texns Child Support Disbursement Unit on July 1, 2000 in Snn
Antonio, Texns, at Kelly Airforce Base.
Why is the SDU important to counties
Counties have always played an integral role in the collection of child support in Texas, and
this new mandate has a significant impact on child support operations in many Texas
counties. Eligible child support payments which, in the past, have been recorded and
distributed by local child support registries, will go to one central location for processing.
This will be a big change for local constituents who are used to dealing with the local
district clerk or domestic relations office on child support matters. Attorney General
John Cornyn has worked with the Texas Congressional Delegation to obtain relief from
this federal mandate in order to keep child support operations at the local level. Although
child support payments must continue to be receipted centrally, other functions can
continue to be performed at the local level.
How can counties continue to serve local constituents?
All District Clerks and Domestic Relations Offices will be sent a draft contract from the
OAG to continue to provide a variety of child support services to their constituents. The
difference between the services provided before the SDU mnndnte and those after is
that now counties can receive federa/ reimbursement for the majority of the costs of
offering their services, which many provided in the past at local expense. Any county
=ntering 1'tv a tar~tP'aLt tY'ri4 the OA,G Can rrv'!.` be reiiT~bursed for providing 1) customer
service activities; 2) local disbursement(only applies to 38 counties); and 3) new case
information to the State Cnse Registry. District Clerks may soon be requesting county
judges and commissioners to consider these options.
lease come attend a review to discuss county options on Tuesday. September 26~
resentatives from the OAG will be prepared to discuss options and answer any
scions you may hove about county participation in the SDU.

Texas Child Support Disbursement Unit
Project Rollout
County Guidelines
Date I OAG Action County Action
4/00-7/00 Pre-vendor SDU - OAG
converted both IV-D and non
IV-D cases for Office of the
Attorney General, Texas
Protective and Regulatory
Services, and University of
Texas Medical Branch,
Galveston. Notice of Place of I
Payment (NOPP) sent to local
registry, court, obligor,
obligee, and employer.
Employers submit all wage withheld child
support payments to P.O. Box 13499.
Business as usual for IV-D cases. Counties
affected should flag these cases as SDU
cases, effective date of NOPP.
If...	then...
Obligor quits job	payments must be
with one of the	submitted to SDU.
three employers,	ONCE AN SDU,
and new wage	ALWAYS AN
withholding is	SDU.
issued,	
7/7/00 All IV-D state registry cases
(those paying directly to the
OAG) currently paying to
P.O. Box 13499, now pay to
TxCSDU, P.O. Box 659791,
San Antonio, Tx 78265-9791.
View only as change of address. Business
as usual.
File counties continue business as usual
include payments in file to OAG.
Business as usual. Fax counties send to fax
number, provided by OAG.


Date OAG Action County Action
9/7/00 All new IV-D orders.
including new Administrative
Income Withholding (AIW)
orders state the TxCSDU as
the payment registry.
(Exclude Local Rule project
counties.)
10/1/00 All initiating interstate cases
(child support is paid to ..
another state registry or
states' SDU, which issues a
state warrant to Texas) are
redirected to the SDU. OAG
sends letter to all states
directing payment to SDU.
Note: The TxCSDU P.O. Box
number for initiating interstate
orders to mail payments to is
P.O. Box 245993, San
Antonio, Tx 78224-5993.
When local registry counties receive new
AIW and NOPP, they should flag these
cases as SDU cases on local system. State
registry counties will submit all payments
SDU address.
If ..	then...
employer sends	county should
check to county,	forward to SDU in
	blue envelope.
an employer sends	county should
one check for	deposit check in
multiple employees	local account and
and one employee	send check for
has been	individual
redirected,	redirected to the
	SDU with detail.
(Counties should allow employers 30 days
to make system/payroll changes to redirect
the withholding to the new address.)
I£..	then...
counties receive	insert in blue
payments from	envelope and
other states,	forward to SDU

Date	OAG Action	County Action
10/16/00-	All IV-D obligor remitted	Local registry counties will receive a Notice
11J06J00	payments will be redirected to	of Place of Payment on obligor cases..
		
	the SDU. Many IV-D obligor			
	redirects will be returned to	I£..	then...	
	the OAG due to bad address.	order is disregarded	county shou]d	
	Many IV-D obligors will have	by obligor and	forward payments	
	an employer and may submit	local registry	to SDU in blue	
	this information to the OAG,	county continues to	envelope.	
	at which time a new AIW and	receive payments,		
	NOPP will be issued to all	
	parties.	
1 1100	TxCSDU begins redirecting	Registry needs to flag cases on local system
	non-IV-D and IV-D cases,	upon receipt of NOPP.
	employer by employer.	
Note When an obligor quits a job
with an employer that has
been converted and goes to
work for an employer that has
not been converted, a new
income withholding order will
be requested from the court.
Registry needs to check system to see if
case is SDU case.
If...	then...
yes, court makes	places on top of
copy of NOPP, or	order to send to
creates cover letter	new employer.
referencing NOPP,	
Rule is: ONCE AN SDU, ALWAYS AN
SDU.
a:\SDU\Countc Issues 2000\sdu Bible.apd
Last updated 10/?7/00
3

ATTACHME
~',
Information Security
Policy Manual
~„ OFFICE OF THE ATTORNEY GENERAL -STATE OF TEXAS
JOHN CORNYN
A
CONCURRENT STATEMENT
We endorse this document and will enforce the policies within.
1 ' x(111\ ~ X~ Date:~~
Mark Eiland
Information Resource Manager
Andy aylor
First Assistant Attorney General

John Coc
Attorney
Dat~~'~~l
Date: , 5 t
June,1999
0. Executive Summary ..........................................	....... .. 4
1.0 Policy : ..................................................	..........5
1.1 Program Policy : ...........................................	...........5
1.2 Scope of Policy : .....................................	........... 5
1.3 Issue-Specific Policy : ..................................	........... 5
1.3.1 Use of OAG Information Resources :............... .	........... 5
1.3.2 Classification of Information (Data 1 Assets :...........	.. ........ 5
1.3.3 Information Asset Protection :......................	........... 5
1.3.4 Access to OAG Information Assets : .................	........... 6
1.3.5 Data Inte¢ritv : .................................	........... 6
1.3.6 E-Mail :........................... ....	...........6
1.3.7 Copvrieht : ...................~:...............	...........6
1.3.8 Personal Hardware and Software :...................	........... 6
1.3.9 Shareware and Freeware : .........................	........... 6
1.3.10 Asset Protection : ...............................	........... 7
1.3.11 Voice/Phone Mail : ..............................	........... 7
1.3.12 Data Encryption and Ke Man~ement : ..............	........... 7
1.3.13 Security Awareness : .............................	........... 7
1.3.14 Risk Analysis and Risk Mana eg_ment : ................	.......... ~.
1.3.15 Contingency Plannin¢ : ...........................	........... 8
1.3.16 Termination and Transfers :........................	........... 8
1.3.17 Bulletin Board Access : ...........................	........... 8
1.3.18 Internet Policy :.................................	........... 8
1.3.19 Passwords : ....................................	...........9
1.3.20 Securi Breaches : ..............................	...........9
1.3.21 Data Communications Systems : ....................	........... 9
1.3.22 Dial-Up Access : ................................	........... 9
1.3.23 User Identification :..............................	........... 9
1.3.24 Warning Statements : ............................	.......... 10
1.3.25 System Development and Testins :...................	.......... 10
1.3.26 Statement of Responsibility : .......................	.......... 10
1.3.27 Automatic Suspension /Deletion of User ID's : .........	.......... 10
1.3.28 ~sical Security : ...............................	.......... 10
1.3.29 Positions of Special Trust : .......................	........... 10
June, 1999
3
The Office of Attorney General [OAG) has a commitment to the citizens of Texas to ensure that the
information entrusted to them will be reasonably secure and protected. Unauthorized use of any kind
must not be tolerated and such use should be punishable to the fullest extent of the law. An effective
information security program takes a lot of work, commitment and cooperation among the
employees of OAG. We are all involved in the well-being of this strategic effort. The Information
Security Officer for your division (i.e., CSD or A&L) may be contacted for further information as
required.
Purpose
The intent of the OAG Information Security Policy Manual is threefold:
2) comprehensive documentation of the current information security and contingency planning
policies as determined by management;
3) education for the users on the proper usage of OAG information assets; and
4) legal ramifications of the misuse of information assets.
The Challenging OAG Environment
Information asset protection and contingency planning are becoming two of the more complex
challenges of the modem automated environment. Our automation systems consist of large central
databases, over one hundred (100) Local Area Networks (LAN) and one of the largest Wide Area
Networks (WAN) in the State ofTexas. Our network is now tied to the Internet, and other State and
federal agencies as required.
Information Asset Protection and Disclosure
As technology becomes more prolific, the chance of OAG information assets becoming destroyed,
modified or disclosed, either intentionally or inadvertently, becomes more prevalent. The Texas
Administrative Code I TAC 201.13 (b) indicates a required classification and ownership
methodology under the Texas Public Information Act.
Security Awareness Program
A comprehensive security awareness program has been established for all OAG personnel. It is
incumbent upon each OAG employee, consultant or contractor to be familiar with the Information
Security Policy Manual and associated procedures in his or her respective area.
Contingency Planning
Finally, the OAG is charged with providing a comprehensive contingency plan and disaster recovery
procedures for all data center, and field operations. Information security "ownership," classification,
access and controls, resulting risk assessment and criticality analyses are used as a basis for business
resumption planning.
June, 1999 4
I.I Program Policy:
Information and information resources residing in the Office of the Attorney General (OAG)
are strategic and vital assets belonging to the people of Texas. These assets require a degree
of protection commensurate with their value. Measures will be taken to protect these assets
against accidental or unauthorized disclosure, modification or destruction, as well as to
assure the security, reliability, integrity and availability of information.
1.2 Scope of Policy:
This policy applies to all information resources that are used by or for the OAG. It applies
to information processing systems throughout their life cycle. This policy also applies to
all users (manager, employees, contractors, etc.) of OAG information assets.
1.3 Issue-Specific Policy: '
The following are the policies that cover specific issues as they relate to the security of
information within the OAG.
1.3.1 Use of OAG Information Resources:
State information resources will be used only for official State purposes. Compliance
with this policy will be monitored via periodic maintenance, scheduled and random
audits. The individual user of OAG information resources shall have no expectation
of privacy for information contained within or processed by an OAG information
resource.
1.3.2 Classification of Information (Datal Assets:
All information processed by or for the OAG is of value and therefore will be
classified. The OAG has three levels of data classification. They are confidential,
sensitive and unclassified. Further detailed descriptions of these classifications can be
found in the "Information Classifications" section of the Information Security
Procedure Manual.
1.3.3 Information Asset Protection:
Information which is confidential or sensitive will be protected from unauthorized
access or modification. Data which is essential to critical State functions must be
protected from loss, contamination or destruction. The expense of security
safeguards will be appropriate to the value of the assets being protected.
June, 1999
5
1.3.4 Access to OAG Information Assets:
Access to OAG information resources must be strictly controlled. State law requires
that State owned information resources be used only for official State purposes. Read
access to OAG information is on a need-to-know basis. When access by the user
requires the use of a password, or other security measure, that security measure must
be kept confidential by the intended user.
1.3.5 Data Integrity:
The integrity of data, its source, its destination and processes applied to it must be
assured. The creation or modification of OAG information may only be performed
by authorized personnel. Each user will be individually accountable for his/her
actions when handling, processing, or otherwise using OAG information.
1.3.6 E-Mail:
Electronic mail (e-mail) is a form of communication which uses information assets.
However, as with the use of phones (excluding long distance) employees may use the
e-mail system for communicating with OAG employees on non official business
provided such communication does not disrupt or interfere with official State
business, is kept to a minimum duration and frequency, and is not political in nature.
1.3.7 Cop~rieht:
OAG information assets shall not be used to produce illegal copies of copyrighted
information. Illegal copies of software shall not be loaded or executed on OAG
information systems. Regular audits will be conducted to search for unauthorized
software installed on machines.
1.3.8 Personal Hardware and Software:
No personal programs of any kind are to be loaded onto any State computer.
Hardware provided by the user may not be used at the OAG or connected to the
OAG's networks.
1.3.9 Shareware and Freeware:
Shareware and freeware will not be loaded or otherwise used on OAG systems unless
specifically approved by the Information Resource Manager.
1.3.10 Asset Protection:
Managing information security within the OAG requires commitment and support
on the part of executive, technical and program management. The protection of
June, 1999 6
information assets is a management responsibility. All managers should be
involved in the security awareness program and should actively promote security
awareness among their staff and enforce OAG policies and procedures.
1.3.11 VoicelPhone Mai]:
Voice or phone mail is a form of communication which uses information assets.
However, employees may use the voice mail system for communicating with other
OAG employees and personal business provided such communication does not
disrupt or interfere with official State business, is kept to a minimum duration and
frequency, and is not political in nature.
1.3.12 Data Encryption and Key Mana eg ment:
It is not a requirement at this time for agencies to use data encryption techniques for
storage and transmission of data. However, those agencies who choose to employ
data encryption shall adopt the data encryption standard, also referred to as the DES
algorithm, which is defined in the Federal Information Processing Standard
Publication 46-2 (PIPS PUB 46-Z). Any use of encryption by OAG staff must be
approved in advance by their Division Director. For systems employing encryption
as described, procedures shall be prescribed for secure handling, distribution, storage
and construction of DES key variables used for encryption and decryption.
Protection of the key shall be at least as stringent as the protection required for the
information encrypted with the key. Copies of the PIPS PUB 46-2 are available from
the Information Security Officer (ISO).
1.3.13 Security Awareness:
The OAG will provide an ongoing awareness and training program in information
security and in the protection of State information resources for all personnel
whose duties bring them into contact with confidential or sensitive data. New
employee orientation will be used to establish security awareness and inform new
employees and contractors information security policies and procedures.
Information security programs must be responsive and adaptable to changing
vulnerabilities and technologies affecting State information resources.
1.3.14 Risk Analvsis and Risk Manaeement:
Risks to information resources must be managed. The OAG will perform a
comprehensive risk analysis of all information processing systems on a periodic
basis. Risk analysis results will be presented to the owner of the information
resource for risk management.
Iune, 1999
1.3.15 Contingency Plannine:
All information resources determined by agency management to be essential to the
agency's critical mission and functions, shall have a written and cost-effective
contingency plan. The contingency plan shall be tested and updated annually to assure
that it is valid and current. Backups of data and software will be maintained to
mitigate the impact of such a disaster. A disaster declaration will be issued by the
Attorney General in the event that a disaster destroys or makes inoperable a
significant portion of the processing capability of the OAG. This declaration will
authorize the Information Resource Manager to make timely decisions in the recovery
of the information assets.
1.3.16 Termination and Transfers:
Computer user identifications (User ID's) for employees that have terminated
employment with the OAG must be removed from the computer system immediately
following termination notification. If the agency is terminating the employee, the ID
should be removed prior to or at the same time of the employee being notified of the
termination. For employees transfemng to another position and/or section within the
OAG, the user ID should also be removed immediately.
13.17 Bulletin Board Access:
Users of OAG information assets are authorized to access electronic bulletin boards
in performance of their duties, but they remain responsible for ensuring that all
security precautions and policies aze followed. Policies 1.3.6 & 1.3.7 on personal
software and freewaze and shareware still apply to anything that is downloaded from
bulletin boazds (including Texas State bulletin boards).
1.3.18 Internet Policy:
The OAG has provided a-mail access to the Internet for all employees. Employees
should use caution and are responsible for his or her actions when using this medium.
Web browser access should be limited to those areas relevant to your job functions.
Web access to non job related sites represents an unauthorized use of govemment
time, property and facilities. Employees violating this policy are subject to
disciplinary action, up to and including dismissal from the Agency.
CAVEAT: The OAG has implemented reasonable security measures to protect
staff when using the Internet. However, the OAG cannot guarantee
the security when using this system. Therefore, confidential and
sensitive information will not be transferred using this medium.
June, 1999
1.3.19 Passwords:
Systems which use passwords, shall follow the OAG guidelines based upon the
federal standard on password usage contained in the Federal Information Processing
Standard Publications 112 (F1PS PUB 112), which specifies minimum criteria and
provides guidance for selecting additional password security criteria, when
appropriate. Copies of FIPS PUB 112 are available from the Information Security
Officer. Disclosure of an individual's password or use of an unauthorized password
or access device maybe punishable under both State and Federal law
1.3.20 Security Breaches:
Any event which results in loss, disclosure, unauthorized modification, or
unauthorized destruction of information resources constitutes a security incident or
breach. Users should report any security breaches immediately to the ISO, who will
promptly investigated the incident. ff criminaLaction is suspected, the agency must
contact the appropriate local law enforcement and investigative authorities
immediately.
1.3.21 Data Communications Systems:
Network resources (LAN-WAN-Mainframe) that access confidential or sensitive
information will assume the security level of that information for the duration of the
session. All network components under State control must be identified and
restricted to their intended use.
1.3.22 Dial-up Access:
For services other than those authorized for the public, authorized users of dial-up
access shall be positively and uniquely identifiable and their identity authenticated
to the systems being accessed.
1.3.23 User Identification:
Except for public users of systems where such access is authorized, or for
situations where risk analysis demonstrates no need for individual accountability of
users, each user of a multiple-user automated system shall be assigned a unique
personal identifier or user identification.
1.3.24 Warning Statements:
System identification screens will be provided at the time of initial logon to the
mainframe or LAN/WAN. These screens will provide the following warning
statements:
June, 1999 9

(i) unauthorized use is prohibited;
(ii) usage may be subject to security testing and monitoring; and
(iii) abuse is subject to criminal prosecution.
1.3.25 System Development and Testing_
Security needs must be considered and addressed in all phases of
development or acquisition of new information processing systems. Test
functions shall be kept either physically or logically separate from production
functions.
1.3.26 Statement of Responsibility:
All OAG personnel shall be required to provide written acknowledgment
that they have received, read and understand the Information Security Policy
Manual.
1.3.27 Automatic Susoension /Deletion of User ID's:
Mainframe, LAN and Remote Access ID's will be monitored for usage. Unused
ID's pose a security threat and will be subject to suspension after 30 days and
deletion after 60 days, without notice to the user.
1.3.28 Physical Security:
Management reviews of physical security measures will be conducted annually, and
when significant modifications are made to the facilities or security procedures.
Physical access to mainframe computer and file server rooms will be restricted to
authorized personnel. Authorized visitors will be required to record their visits via
a sign-in /sign-out log.
1.3.29 Positions of Special Trust:
The OAG will establish procedures for reviewing information resource functions
to determine which positions require special trust or responsibilities.
June, 1999
10
Attachment B
OFFICE OF THE ATTORNEY GENERAL
CHILD SUPPORT DIVISION INFORMATION ACCESS STATEMENT OF RESPONSIBILITY
Name	Socia( Security Number a_ ~Qd g
Position	Agency, County or Company Employed By
Work Location (City	Work Location (County)
/J ~J
General Information: All information that is used in or by the Office of the Attorneyy General (OAG) is to be
disseminated on a "need-to-know" basis. Onty authorized personnel may add, mod` and/or delete information.
Statements: 1 understand that the information concerning any person, customer or client that may come to my
knowledge while using the OAG computers or in othetwtse performing under contract for the OAG, shall be held
in strictest confidence and may not be disclosed except as used exclusively for purposes directly connected with:
^ the administration of theplan or program approved underparts A, B, D, E or F of Title IV or under Titles
1 X XIV XVI, XIX or XX or the supplemental security income program established under Title XVI of
t(te ~ocia~ Security Act of 1935, as amended
^ any investigations, prosecution, or criminal or civil proceeding conducted in connection with the
administration of an such ptan or pro~am
^ the administration of any outer federal or federally-assisted program which provides assistance, in cash or
in kind, or services, directly to individuals on the basis of need
^ reportigg to an appropriate agency or official information on known or suspected instances of pphysical or
mental injury sexual abuse or exploitation, or negligent treatment or maltreatment of a child wlto is the
subject oft a c~iild support enforcement activity under circumstances which indicate that the child's health
or welfare is threatened thereby
Notwithstanding the above I understand that I may not disclose to any individual or agency any federal tax return
or return information. Suet unauthorized disclosure is punishable by fine up to $5,000 or tmpnsonment up to 5
years, or both.
These safeguazds also prohibit disclosure to any committee or leRislative body federal, state or local) of any
information that identifies by name or address any such applicanT or recipient. , se of such information by a local
government or component thereof for any other purpose, including but not limned to, collecting a fee is prohibited.
I understand that I may not perform any work, review, update or otherwise act to obtain information upon myy o~wn,
or any relative's, friend's, or business associate's child support case, regardless if the case is open or closed. My
failure to comply with OAG policy will result in disciplinary action, up to and including termination.
In addition if a livable, I understand that the computer
not be disclosed to anyone. I understand that it is my re<.
it to be viewed b an one. I understand that I am reapon
of my passward~s). I agree not to attempt to circumvent
transacnon, software, tiles or resources that I am not aut
issued or devised specifically forme is expressly prohib
as a
may
is
to use
not
ion oY state and federal law.
tea "breach of computer security" as
and [hat such an offense may be
I certify that 1 understand that any copyrighted material, including but not limited to commercial computer
software, which may be made available to me for use by the OAG is protected by cop igh[ laws and is not to be
copied for any reason without written permission from the owner of the copyright and~he OAG.
By signing this statement 1 certify that I:
^ agrce to abide by all written conditions imposed by the OAG regazding information security;
^ understand m respponsibilities as described above;
^ have receivedyread and understand the OAG security information policyy_manual~ and
^ if applicable, ~ have read all applicable software licenses and agree to abide by ail restrictions.
SIGNATURE: ~AM,(,.P Dl ~ LC.EC~'JDh _ DATE: ~a~a ~~Br'J
Form 08-010
12/98
s.
OFFICE OF THE ATTORNEY GENERAL STATE OF TEXAS
JOHN CORNYN
Attachment C
IRS INFORMATION DISCLOSURE LIMITATIONS
It is unlawful for any person wilfully to disclose, print, or publish, except as authorized, any Federal
return or return information, or any information therefrom. Such action is punishable by fine up to
$5,000 or imprisonment up to 5 years, or both, together with costs of prosecution. See section 7213 of
the Internal Revenue Code. In addition Internal Revenue Code section 7431 provides for civil damages
of not less than $1000 per violation for knowing or negligent disclosure of such information plus in the
case of a willful disclosure or a disclosure which is the result of gross negligence, punitive damages,
plus the cosu of the action.
It is unlawful for any person willfully to offer any item of material value in exchange for any return or
return information and to receive as a result of such solicitation any such return or return information.
Such action is punishable by fine up to $5000 or imprisonment up to 5 years, or both, together with
costs of prosecution. See section 72 ] 3 of the Internal Revenue Code.
It is unlawful for any person willfully to inspect, except as authorized, any Federal return or return
information. Such action is punishable by a fine up to $1000 or imprisonment up to 1 year, or both,
together with the costs of prosecution. See section 7213A of the Internal Revenue Code. In addition
Internal Revenue Code section 743 I provides for civil damages of not less than $1000 per violation for
knowing or negligent inspection of such information plus in the case of a willful inspection or an
inspection which is the result of gross negligence, punitive damages, plus the costs of the action.
I acknowledge that I am awaze of the above civil and criminal liabilities.
Liti~~ u~Gkr=2 , Disc ~ ~E,Px,
Printed name
CJ~fM.nQ.Ik ~(.( D~ ~J 0/c
i ature
~~/ag /~
Date
Attachment D
WARNING
DISCLOSURE LIMITATIONS
It is unlawful for any person willfully to disclose, print, or publish, except as authorized,
any Federal return or return information, or any information therefrom. Such action is
punishable by fine up to $5,000 or imprisonment up to 5 years, or both, together with costs
of prosecution. See section 7213 of the Internal Revenue Code. In addition Internal
Revenue Code section 7431 provides for civil damages of not less than $1000 per violation
for knowing or negligent disclosure of such information plus in the case of a willful
disclosure or a disclosure which is the result of gross negligence, punitive damages, plus the
costs of the action.
It is unlawful for any person willfully to offer aay item of material value in exchange for
any return or return information and to receive as a result of such solicitation any such
return or return information. Such action is punishable by fine up to $5000 or
imprisonment up to 5 years, or both, together with costs of prosecution. See section 7213 of
the Internal Revenue Code.
It is unlawful for any person willfully to inspect, except as authorized, any Federal return
or return information. Such action is punishable by a fine up to $1000 or imprisonment up
to 1 year, or both, together with the costs of prosecution. See section 7213A of the Internal
Revenue Code. In addition Internal Revenue Code section 7431 provides for civil damages
of not less than $1000 per violation for knowing or negligent inspection of such information
plus in the case of a willful inspection or an inspection which is the result of gross
negligence, punitive damages, plus the costs of the action.
Attachment E
CERTIFICATION REGARDING LOBBYING
DEPARTMENT OF HEALTH AND HUMAN SERVICES
ADMINISTRATION FOR CHILDREN AND FAMILIES
PROGRAM: CHILD SUPPORT ENFORCEMENT PROGRAM PURSUANT TO TITLE IV-D
OF THE SOCIAL SECURITY ACT OF 1935 AS ADMINISTERED BY THE OFFICE OF THE
ATTORNEY GENERAL OF TEXAS
PERIOD: December 1, 2000 to Aueust 31, 2003
Certification for Contracts, Grants, Loans and CooQerative Aereements
The undersigned certifies, to the best of his or her knowledge and belief, that:
(1) No Federal appropriated funds have been paid or will be paid by or on behalf of the undersigned, to
any person for influencing or attempting to influence an officer or employee of any agency, a Member
of Congress, an office or employee of Congress, or an employee of a Member of congress in
connection with the awarding of any Federal contract, the making of any Federal grant, the making
of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation,
renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement.
(2) If any funds other than Federal appropriated funds haven been paid or will be paid to any person for
influencing or attempting to influence an office or employee of any agency, a Member of congress,
an officer or employee of Congress, or an employee of Member of Congress in connection with this
Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit
standard Form LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions.
(3) The undersigned shall require that the language of this certification be included in the award
documents for all subawards at all tiers (including subcontracts, subgranis, and contracts under
grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose
accordingly.
This certification is a material representation of fact upon which reliance was placed when this transaction
was made or entered into. Submission of this certification is a prerequisite for making or entering into this
transaction imposed by Section 1352, Title 31, U.S. Code. Any person who fails io file the required
certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each
such failure.
Signature - ~'u p (} E - E/Lf~C~•
Agency/Organization
Date
Date
Page 1 of 1
COOPERATIVE AGREEMENT
BETWEEN
THE OFFICE OF THE ATTORNEY GENERAL
OF THE STATE OF TEXAS
AND
KERR COUNTY, TEXAS
CONTRACT NO.Ol-02337
INTRODUCTION & PURPOSE
This document encompasses local disbursement of non-N-D wage withheld child support
remitted to the Texas Child Support State Disbursement Unit (SDU) ("Local Disbursement"),
local handling of inquiries on (including any necessary reseazch) and receiving information about
non-N-D child support cases where child support payments are remitted to the SDU ("Local
Customer Service"), and fiunishingnon-N-D court order information relating to Suits Affecting
the Pazent-Child Relationship for use in the State and Federal Case Registries ("State Case
Registry"). A County may contract to provide State Case Registry services only. However a
County contracting to provide Local Disbursement must also contract to provide Local
Customer Service and State Case Registry, and a County contracting to provide Local Customer
Service must also contract to provide State Case Registry.
Ken County ("County") is contracting with the Office of the Attorney General ("OAG") to
handle inquiries on (including any necessary reseazch) and receive information about non-N-D
child support cases where child support payments aze remitted to the Texas Child Support State
Disbursement Unit, and furnish non-N-D court order information relating to Suits Affecting the
Parent-Child Relationship for use in the State and Federal Case Registries.
This Contract is entered into under the authority of Texas Family Code Section 231.002.
2 CONTRACT PERIOD
This Contract shall commence on December 1, 2000, and shall terminate on August 31, 2003,
unless terminated eazlier by provisions of this Contract.
Uniform I.D, I.CS, SCR 1023/00 Page 1 of 28
LOCAL DISBURSEMENT
3.1 County Responsibilities
3.1.1 Accessing STRADUS and TXCSES
3.1.1.1 Work with the SDU Vendor and the OAG to acquire the necessary
hazdwaze and softwaze to access the STRADUS web server and
TXCSES. The STRADUS web server is the designated SDU Vendor
database to house data files. TXCSES is the OAG database to house
the Title IV-D case and payment related files. County will work with
the SDU Vendor and the OAG to obtain the database access required.
County is responsible for connecting the hazdwaze to its own county
network.
3.1.1.2 County must make necessary programming changes to its own
automated child support system to accomplish the local disbursement
activities in this contract. If the County employs a Vendor for
maintenance and changes to its automated child support system,
County must coordinate efforts between the County Vendor and the
SDU Vendor.
3.1.1.3 County is responsible for all the necessary phone lines. For those
counties that do not have Internet access, the OAG will ensure that the
SDU Vendor establishes Internet service. However, if the County is
not covered by a local Internet Service Provider local telephone
coverage azea, then the County is responsible for any unavoidable
long distance telephone changes that occur.
3.1.2 Loss of Funds and Unfunded Disbursements
County is responsible for all funds transferred to County from the SDU,
whether such funds aze lost, destroyed or taken, or misdirected by County
through an Electronic Funds Transfer or direct deposit transactions. County is
also responsible for any fees and/or penalties assessed by the County's financial
institution and any unfunded disbursements due to County error. For the
purpose of this subsection, unfunded disbursement means a disbursement:
3.1.2.1 that cannot be linked to a payment received.
3.1.2.2 where the payment that the disbursement is linked to was not intended
for the entity to whom the disbursement was made.
Uniform LD, LCS, SCR 1023/00 Page 2 of 28
3.1.2.3 where the amount of money disbursed, in one disbursement
(overpayment) or multiple disbursements (duplicate payments), was
greater than the amount of the payment on which it was based.
3.1.3 Not-Disbursed, Returned and/or Uncashed Disbursements
County is responsible for complying with Chapters 72 through 75 and Chapter
76 of the Texas Property Code and the Unclaimed Property procedures
published by the Texas Comptroller of Public Accounts. County must also
provide OAG with all necessary information to fulfill OAG's responsibilities to
the federal Office of Child Support Enforcement in the completion of GCSE
Form 34 relating to not-disbursed, returned and/or uncashed disbursements.
The OAG Contract Manager will provide the County with the requirements
during the term of the Contract.
3.1.4 Daily Recording
3.1.4.1 County shall follow the Texas Child Support State Disbursement
Unit procedures for reporting and transmitting case and payment
information and payment status on all relevant non-N-D
disbursements.
3.1.4.2 County shall record on its automated system all data required to
support the local disbursement activities contemplated by this
agreement.
3.1.4.3 County shall develop and establish its own format for recording on the
County's automated system.
3.1.4.4 County shall record and disburse all identifiable and deliverable non-
N-D child support payments on the first County work day that the
SDU local disbursement file is available to the County; provided that
the file was available by 10:00 a.m. that day. Ifthe local disbursement
file was not available by 10:00 a.m., the County shall record and
disburse the payments no later than the next County work day.
3.1.4.5 County shall not allow any person who, as a part of his or her
employment, receives, disburses, handles, or has access to funds
collected pursuant to this contract, to participate in accounting or
operating functions that would permit him or her to conceal in the
accounting records the misuse of said funds. Upon request, County
shall provide a copy of County's organizational structure to confirm
appropriate separation of duties.
Uniform LD, LCS, SCR IO(23/00 Page 3 of 28
3.1.4.6 County shall track all of the payments received in the SDU local
disbursement file. County shall attempt to obtain new addresses and
maintain them for any undeliverable payments contained in the file.
New addresses shall be entered on STRADUS. Payments for which
a new address cannot be obtained within five (5) County work days
shall be handled in accordance with Chapters 72 through 75 and
Chapter 76 of the Texas Property Code and the Unclaimed Property
procedures published by the Texas Comptroller of Public Accounts.
3.1.4.7 County shall employ procedures to reseazch and resolve unidentified
items, i.e., items that cannot be identified to a case, as well as
instances of payment files not matching funds received.
3.1.4.8 County shall employ procedures to ensure security of funds. Upon
request, County shall provide to OAG a copy of the security
procedures.
3.1.4.9 County shall work with the OAG to develop processes and
procedures for resolving payment related inquiries between the
County, the OAG, and the SDU Vendor where necessary.
3.1.4.10 County employees handling disbursements shall be bonded.
3.1.4.11 County shall generate a daily check register which shall list the
individual accounts and amounts in which non-IV-D payments were
applied. The total number of non-IV-D payments disbursed and the
total dollaz amount shall also be reflected on the register.
3.1.5 Deposit Procedures
3.1.5.1 County shall maintain an account with a financial institution that has
the ability to receive electronic funds transfers (EFT).
3.1.5.2 County shall be responsible for ensuring that a process is in place with
its financial institution that allows the County to daily reconcile the
funds received with the disbursement file the County receives. The
OAG must be notified immediately after the County determines that
it did not receive funds equal to the amount contained in the
disbursement file. In no event shall notification to the OAG of a
discrepancy between funds received and the disbursement file exceed
three (3) Cotmty work days.
Uniform LD, LCS, SCR 1023/00 Page 4 of 28
3.1.6 Electronic Transmittal Procedures
3.1.6.1 The files that County will be receiving and transmitting aze listed
below. The County will be provided the computer file specifications
and format to enable the County to process from or provide this
information in the manner required by the STRADUS server. If these
specifications change during the term of the contract, replacement
specifications will be forwazded to the County. The County shall be
responsible for implementing the changes to the electronic file
specifications when and as required for the STRADUS server
processing.
3.1.6.1.1	IV-D and Non-N-D Collections
3.1.6.1.2	Non-N-D Disbursement Data
3.1.6.1.3	Non-N-D Disbursements, For 38 Waived Counties
3.1.6.1.4	N-D and Non-N-D Collection Adjustments
3.1.6.1.5	Non-N-D Disbursement Advice
3.1.6.1.6	Non-N-D Check Status
3.1.6.1.7	Non-N-D Case Data from Local Registries
3.1.6.2 County shall generate the non-N-D disbursements and, if desired,
record the N-D payments on its automated system.
3.1.6.3 County shall produce an electronic file of payments disbursed,
including check number, and transmit the file daily to the STRADUS
file server.
3.1.6.4 County shall track payments disbursed and record the status of each
in a non-N-D Check Status File. Status as used in this subsection
means: cashed, cancelled, re-issued, voided, stop payment, or
unidentified or undeliverable.
3.1.6.5 In the event of a failed transmission or if an unprocessable electronic
file is produced, County shall correct the problem and retransmit
within one (1) working day ofthe failed transmission or production of
an unprocessable file.
3.1.6.6 County shall maintain back-up electronic files according to the
retention requirements established by the Texas State Library in the
event that a file needs to be re-transmitted.
Uniform [A, LCS, SCR (oQ3N0 Page 5 of 28
3.2 OAG Responsibilities
3.2.1 Access to STRADUS and TXCSES
OAG will work with the SDU Vendor and County to make sure the County
obtains the necessary hazdwaze and software. For those counties that do not
have intemet access, the OAG will ensure that the SDU Vendor establishes
intemet service. However, if the County is not covered by a local intemet
Service Provider local telephone coverage area, then the County is responsible
for any unavoidable long distance telephone chazges that occur.
3.2.2 Reimbursement
3.2.2.1 OAG shall monitor the non-1V-D Disbursement Advice Files
forwazded from the County to STRADUS and summarize for monthly
reimbursement amounts. The summary will include capturing
information on reissued payments for inclusion in the reimbursement
amounts.
3.2.2.2 OAG shall forwazd a Summary and Reimbursement Voucher to the
County for review and approval.
3.2.2.3 If the County approves the Summary and Reimbursement Voucher,
the County signs the voucher and returns it to OAG for payment
within ten (10) County work days. County's signature constitutes
approval of the voucher and certification that all services provided
during the period covered by the voucher are included on the voucher.
The OAG shall reimburse the County in the amount of One Dollar and
34/100 Dollazs ($1.34) per disbursement. The OAG shall process the
invoice for payment in accordance with the state procedures for
issuing state payments and the Texas Prompt Payment Act.
County shall submit the invoice to:
Contract Manager for Local Disbursement, Local Customer
Service and State Case Registry Mail Code: 062
Office of the Attorney General
P.O. Box 12017
Austin, Texas 78711-2017
3.2.2.4 If County does not approve the Summary and Reimbursement
Voucher, it shall return the voucher to the OAG within ten (10)
County working days of receipt, detailing the basis of any disputed
item along with supporting documentation. The OAG shall review the
Uniform I.D, LCS. SCR 1023/00 Page 6 of 28
returned voucher. Ifthe dispute is resolved in the County's favor, the
OAG shall make payment as set forth in the immediately preceding
subsection. If the dispute is not resolved in the County's favor, the
OAG shall make payment in accordance with the voucher originally
sent to the County and forwazd a letter of explanation to the County.
3.2.2.5 Any funds shortage revealed by the County's daily reconciliation of
funds received by the County's financial institution with the
disbursement file received by the County from the SDU Vendor will
be made up by the OAG; provided that the shortage was due to SDU
Vendor, OAG, or Texas State Treasury error and the shortage was
reported to the OAG in accordance with the requirements of the
Deposit Procedures Section above. The OAG will also reimburse the
County for County payment of any fees/and or penalties assessed by
the County's financial institution due to such shortage. Any funds
shortage make up and reimbursement for fees/and or penalties will be
made to the County within two (2) OAG work days after OAG
determination that County is due same. In no event will such
determination exceed two (2) OAG work days.
3.2.3 Limitation of OAG Liability
3.2.3.1 The OAG shall be liable only for contract -associated costs incurred
after commencement of this Contract and before termination of this
Contract.
3.2.3.2 The OAG may decline to reimburse any Allowable Costs, which aze
submitted for reimbursement more than sixty (60) calendaz days after
the State Fiscal Year calendar quarter in which such costs aze
incurred.
3.2.3.3 County shall refund to the OAG within thirty (30) calendar days any
sum of money which has been paid to County which the OAG and
County agree has resulted in an overpayment to County, provided that
such sums may be offset and deducted from any amount owing but
unpaid to County.
3.2.3.4 The OAG shall not be liable to reimburse the County if the County
fails to comply with the Daily Recording, Deposit Procedures, and/or
Electronic Transmittal Procedures Sections above in accordance with
the requiremenu of those sections.
Uniform LD, I.CS, SCR 1023/00 Page 7 of 28
4 \LOCAL CUSTOMER SERVICE
4.1\County Responsibilities
1 Accessing STRADUS and TXCSES
1.1.1 Work with the SDU Vendor and the OAG to acquire the nece
hardware and software to access the STRADUS web se er and
TXCSES. The STRADUS web server is the designated Vendor
database to house data files. TXCSES is the OAG d ase to house
e Title N-D case and payment related files. Co will work with
th DU V endor and the OAG to obtain the da ase access required.
Co is responsible for connecting the waze to its own County
4.1.1.2 County mu make necessary pr amming changes to its own
automated chi support system o accomplish the local customer
service activities ' this con . If the County employs a Vendor for
maintenance and anges its automated child support system,
County must coordi e e orts between the County Vendor and the
SDU Vendor.
4.1.1.3 County is responsi a for the necessary phone lines. For those
counties that do t have inte t access the OAG will ensure that the
SDU Vendor a blishes interne service. However, if the County is
not covered y a local Internet rvice Provider local telephone
coverage ea, then the County is r ponsible for any unavoidable
long di ce telephone changes that o cur.
4.1.2 County Cu~st'omer Service Unit Resources and
4.1.2. County shall provide the resources necess to accomplish the
following services: 1) research non-N-D payme that should have
been, but were not received by the SDU; 2} reseaz unidentified or
undistributed collections; 3) handle inquiries on 'ncluding any
necessary reseazch) and receive information about no -N-D child
support cases where child support payments are remitted the SDU.
Resources (as used in this section) include, but aze not li ited to,
personnel, office space, equipment, phones and incoming pho lines,
and any County-specific NR system. "Inquiries" as used i this
section include but are not limited to, a-mail, letters, phone c Is,
facsimiles, or walk-ins.
Uniform LD, LCS, SCR IO/23Po0 Page 8 of 28
4.1.2.2 The number of County staff necessary for adequate handling of
\ Customer Service Unit Activities shall be trained on SDU and
TXCSES systems as mutually agreed to by the County and OAG. ~
4.1.3
4.1.3.1 only shall track and provide documentation regarding t~ inquiries
rec 'ved. These activities shall be tracked using STRADUS (direct
data e try or electronic file). All inquiries tracked all include the
name o the person handling the inquiry, then a of the person
making th inquiry, OAG case number and/or ourt cause number,
NCP name, P name, date of inquiry, and c omer service activity
performed, e. updates, payments reseazch d, unidentified payment,
payment not rec ived.
4.1.3.2 County shall enter updates on ST US for new information
provided by CP, NCP, employer, tc. County shall follow agreed
upon procedures when ~epting ges to case information that will
ensure data integrity, e.g. pro edures to properly identify the caller.
4.1.3.3 County shall perform
following guidelines:
work days of request.
4.1.3.4 ounry shall work with the OAG to dev op processes and
procedures for forwarding inquiries between the ounty, the OAG,
and the SDU Vendor where necessary, e.g., misdirec d inquiries. The
County and the OAG will also work to develop Gus mer outreach
information regarding the provision of customer service y the OAG,
SDU Vendor and County.
Service Unit Activities
Respond to writte nquiries wi 'n five (5) County work days, take
action on info lion received wi 'n three (3) County work days,
document Gas record of action or ormation received at time of
receipt, foil up to a telephone inquit~y 'thin three (3) County work
days, re phone calls within three ~3 County work days, see a
Gusto r the same day or schedule appq tment within three (3)
Service Unit services using the
4.1.3.5 County shall maintain a log of customer service complaint c ls. The
log shall identify the complainant, the nature of the customer rvice
complaint, the name of the person taking the customer se ice
complaint, action taken on the customer service complaint, OAG c e
number and/or court cause number, NCP name, CP name, and da
Uniform ID, LCS, SCR 1023/00
Page 9 of 28

and time of the customer service complaint. County shall provide the
log to the OAG monthly.
.6 County shall establish a quality assurance monitoring system twill
provide to the OAG sufficient information for evaluating a local
\ Customer service performance. Quality assurance Monitoring
erformed by the County shall be developed in coope ion with the
4.2 OAG Responsibilities
4.2.1 Access to STRADU`5; and TXCSES
OAG will work with th SDU Vendor and ounty to make sure the County
obtains the necessary har ware and softw e. For those counties that do not
have intemet access the O G will en a that the SDU Vendor establishes
intemet service. However, i the C ty is not covered by a local Intemet
Service Provider local telephon c erage azea, then the County is responsible
for any unavoidable long dis telephone chazges that occur.
4.2.2 Reimbursement
4.2.2.1 OAG shall
activities G
4.2.2.2
for County SCI
data entry or e
cement amounts.
shall forward a Summary and
y for review and approval.
Local Customer Service
file) and summarize for
Voucher to the
If the County approves the Summary and Rei ursement Voucher,
the County signs the voucher and returns it to AG for payment
within ten (10) County work days. County's sign a constitutes
approval of the voucher and certification that all se es provided
during the period covered by the voucher are included on a voucher.
The OAG shall process the invoice for payment in accor ce with
the state procedures for issuing state payments and the Tex rompt
Payment Act.
Dnifortn LD, LCS, SCR 1023/00 Page 10 of 28

County shall submit the invoice to:
Contract Manager for Local Disbursem~
Customer Service and State Case Registry
Mail Code: 062
Office of the Attorney General
P.O. Box 12017
Austin, Texas 78711-2017
4.2.2. The OAG shall be financially liable to the Coun for the federal share
the County's contract associated cost. F deral shaze means the
po 'on of the County's contract associated ost that the federal Of}ice
of Ch Support Enforcement reimburse he state as federal financial
pazticipa'on under Title IV-D; for p ose of reference only the
federal sh on the effective date oft 's contract is 66%. The County
agrees that fo a purposes ofthis c tract all ofthe County's contract
associated costs r any given cal daz month is equal to the number
of inquiries handl during the alendaz month multiplied by a per
inquiry fee of $2.99 er inq ry. Thus: (Calender Month Inquiries
Handled) ($2.995) (Fe ral haze) = OAG Liability. For the purpose
ofthis subsection inqui eans one incoming request for assistance
(as described in the C n Customer Service Unit Resources and
Services section abo )not a number of out-going calls or efforts
needed to resolve t e inquiry.
4.2.2.5 If County do not approve the Summary and Reimbursement
Voucher, it all return the vouch to the OAG within ten (10)
County w k days of receipt, detailing a basis of any disputed item,
and inc de supporting documentation. e OAG shall review the
re d voucher. If the dispute is resolve the County's favor the
O shall make payment as set forth in the p ceding subsection. If
dispute is not resolved in the County's favor, e OAG shall make
ayment in accordance with the voucher originall ent to the County
and forwazd a letter of explanation to the County.
4.2.3 Linfitation of OAG Liability
1 The OAG shall be liable only for contract associated costs 'ncurred
after commencement of this Contract and before termination f this
Contract.
4.2.3.2 The OAG may decline to reimburse Allowable Costs which a e
submitted for reimbursement more than sixty (60) calendaz days afte
the State Fiscal Yeaz calendaz quarter in which such costs are incurred.
Uniform ID, [.CS, SCR 1023/00 Page 11 of 28
4.2.3.3 o shall refund to the OAG within thi 0) calendar days any
sum of mo which has been paid t ounty which the OAG and
County agree has r ted in an o ayment to County, provided that
such sums may be offse educted from any amoun t
unpaid to County. ~~ ,
4.2.3.4 The OAG sh of be liable for reimbursin e County if the County
fails to c ply with the County Customer Service it Resources and
Se es and/or the Customer Service Unit Activities tions above
' accordance with the requirements of those sections.
STATE CASE REGISTRY
5.1 County Responsibilities
5.1.1 Accessing STRADUS and TXCSES
5.1.1.1 Work with the SDU Vendor and the OAG to acquire the necessary
hazdwaze and softwaze to access the STRADUS web server and
TXCSES. The STRADUS web server is the designated SDU Vendor
database to house data files. TXCSES is the OAG database to house
the Title fV-D case and payment related files. County will work with
the SDU V edor and the OAG to obtain the database access required.
County is responsible for connecting the hazdwaze to its own network
5.1.1.2 County must make necessary programming changes to its own
automated child support system to accomplish the state case registry
service activities in this contract. If the County employs a Vendor for
maintenance and changes to its automated child support system,
County must coordinate efforts between the County Vendor and the
SDU Vendor.
5.1.1.3 County is responsible for all the necessary phone lines. For those
counties that do not have intemet access, the OAG will ensure that the
SDU Vendor establishes intemet service. However, if the County is
not covered by a local Internet Service Provider local telephone
coverage area, then the County is responsible for any unavoidable
long distance telephone changes that occur.
5.2 State Case Registry Activities
5.2.1 County shall provide to STRADUS new and modified court orders entered after
the effective date of the Contract for Non-1V-D court order information relating
to Suits Affecting the Parent-Child Relationship.
Uniform LD, LCS, SCR 1023/00 Page 12 of 28
5.2.2 County shall use the original court ordered documents to obtain the relevant
information for entry to the STRADUS system.
5.2.3 County must provide the following data elements:
5.2.3.1 participant type (dependent, custodial pazent ,non-custodial pazent)
5.2.3.2 family violence indicator
5.2.3.3 name of each participant (last and first)
5.2.3.4 sex code for each participant
5.2.3.5 social security number and/or date of birth for each participant
5.2.3.6 cause number
5.2.3.7 cause county code
5.2.3.8 start date of cause
5.2.3.9 address lines 1, 2, and 3, City, State, Zip (custodial pazent only)
5.2.4 Other data elements listed in the Lockheed Martin IMS Interface Control
Document Number 21 may be provided at County option. A copy of the
Interface Control Document will be provided upon County request.
5.2.5 County shall provide data elements information updates to the STRADUS
system for non-IV-D court orders signed on or after October 1, 1998.
5.2.6 County shall provide new order information within five (5) working days of
entry.
52.7 County shall provide update order information within five (5) working days of
receipt.
5.2.8 County shall provide new and updated order information via electronic file from
the county automated system or perform the data entry directly onto
STRADUS. The County will be provided the computer file specifications and
format to enable the County to provide the electronic file information in the
manner required by the STRADUS server. If these specifications change during
the term of the contract, replacement specifications will be forwazded to the
County. The County shall be responsible for implementing the changes to the
electronic file specifications when and as required for STRADUS server
processing.
5.2.9 In the event of a failed transmission, or if an unprocessable electronic file is
produced, County shall correct the problem and retransmit within one (1)
working day of the failed transmission or production of an unprocessable file.
Uniform LD, LCS, SCR 1023/00 Page 13 of 28
5.2.10 County shall maintain back-up electronic files according to the retention
requirements established by the Texas State Library in the event that a file needs
to be retransmitted.
5.3 OAG Responsibilities
5.3.1 Access to STRADUS and TXCSES
OAG will work with the SDU Vendor and County to make sure the County
obtains the necessary hardware and softwaze. For those counties that do not
have Internet access the OAG will ensure that the SDU Vendor establishes
Internet service. However, if the County is not covered by a local Internet
Service Provider local telephone coverage azea, then the County is responsible
for any unavoidable long distance telephone chazges that occur.
5.3.2 Reimbursement
5.3.2.1 OAG shall monitor County STRADUS State Case Registry activities
(direct data entry or electronic file) and summarize for monthly
reimbursement amounts.
5.3.2.2 OAG shall forwazd a Summary and Reimbursement Voucher to the
County for review and approval.
5.3.2.3 If the County approves the Summary and Reimbursement Voucher,
the County signs the voucher and returns it to OAG for payment
within ten (10) County work days. County's signature constitutes
approval of the voucher and certification that all services provided
during the period covered by the voucher aze included on the voucher.
The OAG shall process the invoice for payment in accordance with
the state procedures for issuing state payments and the Texas Prompt
Payment Act.
County shall submit the invoice to:
Contract Manager for Local Disbttrsement, Local
Customer Service and State Case Registry
Mail Code: 062
Office of the Attorney General
P.O. Box 12017
Austin, Texas 78711-2017
Uniform LD, I.CS, SCR 1023/00 Page 14 of 28
5.3.2.4 The OAG shall be financially liable to the County for the federal share
of the County's contract associated cost. Federal share means the
portion of the County's contract associated cost that the federal Office
of Child Support Enforcement reimburses the state as federal financial
participation under Title IV-D; for purpose of reference only the
federal share on the effective date ofthis contract is 66%. The County
agrees that for the purposes ofthis contract all ofthe County's contract
associated costs for any given calendar month is equal to the number
of new and modified Non-IV-D Court Orders (together with all
required data elements) provided to the OAG during the calendar
month multiplied by a per new and modified Non-IV-D Court Order
fee of $11.83 per new and modified Non-IV-D Court Order plus the
number ofNon-IV-D Court Orders updated during the calendar month
multiplied by a per Non-IV-D Court Order updated fee of $2.995 per
Non-IV-D Court Order updated. Thus: [(Calender Month new and
modified Non-IV-D Court Orders provided x $11.83) + (Calender
Month Non-IV-D Court Orders updated x $2.995)] x Federal Share =
OAG Liability.
5.3.2.5 If County does not approve the Summary and Reimbursement
Voucher, it shall return the voucher to the OAG within ten (10)
County work days of receipt, detailing the basis of any disputed item,
and include supporting documentation. The OAG shall review the
returned voucher. If the dispute is resolved in the County's favor the
OAG shall make payment as set forth in the preceding subsection. If
the dispute is not resolved in the County's favor, the OAG shall make
payment in accordance with the voucher originally sent to the County
and forward a letter of explanation to the County.
5.3.3 Limitation of OAG Liability
5.3.3.1 The OAG shall be liable only for contract associated costs incurred
after commencement of this Contract and before termination ofthis
Contract.
5.3.3.2 The OAG may decline to reimburse Allowable Costs which are
submitted for reimbursement more than sixty (60) calendaz days after
the State Fiscal Year calendar quarter in which such costs are incurred.
5.3.3.3 County shall refund to the OAG within thirty (30) calendar days any
sum of money which has been paid to the County which the OAG and
County agree has resulted in an overpayment to County, provided that
such sums may be offset and deducted from any amount owing but
unpaid to County.
Uniform I.D, LCS, SCR 1023/00 Page 15 of 28
5.3.3.4 The OAG shall not be liable to reimburse the County if the County
fails to comply with the State Case Registry Activities Section above
in accordance with the requirements of that section.
5.3.3.5 The OAG shall not be liable to reimburse the County for information
correcting erroneous information previously provided by the County.
GENERAL REQUIREMENTS
6.1 Written Notice Delivery
Any notice required or permitted to be given under this Contract by one parry to the other
party shall be in writing and shall be addressed to the receiving party at the address
hereinafter specified. The notice shall be deemed to have been given immediately if
delivered in person to the recipient's address hereinafter specified. It shall be deemed to
have been given on the date of certified receipt if placed in the United States mail, postage
prepaid, by registered or certified mail with return receipt requested, addressed to the
receiving party at the address hereinafer specified.
6.1.1 County
The address of the County for all purposes under this Contract and for all
notices hereunder shall be:
The Honorable Linda Uecker (or his/her successor in office)
District Clerk, Ken County
Courthouse, 700 East Main Street
Kenville, Texas 78028-5389
6.1.2 OAG
The address ofthe OAG for all purposes under this Contract and for all notices
hereunder shall be:
Howazd G. Baldwin, Jr. (or his successor in office)
Deputy Attorney General for Child Support
Office of the Attorney General
P.O. Box 12017
Austin, Texas 78711-2017
Uniform LD, LCS, SCR 1023/00 Page 16 of 28
With copies to:
Kathy Shafer (or her successor in office)
Deputy General Counsel, Child Support Division
Office of the Attorney General
P. O. Box 12017
Austin, Texas 78711-2017
6.2 Inspections, Monitoring and Audits
The OAG may monitor and/or conduct fiscal and/or program audits of the County's
program performance at reasonable times. County shall provide physical access without
prior notice to all sites used for performance of service under this contract to the OAG,
United States Department of Health and Human Services, Comptroller General of the
United States, and State Auditor of Texas. The OAG may at its option or at the request
of County provide technical assistance to assist County in the operation of this program.
County shall grant to the OAG, the United States Department of Health and Human
Services, Comptroller General of the United States, and State Auditor of Texas access,
without prior notice, to all books, documents, and records of the County pertinent to this
Contract. The County books, documents, and records may be inspected, monitored,
evaluated, audited and copied. Reports or other information relating to this program
prepared by the County or at the request of the County shall be furnished to the OAG
within ninety (90) days of availability.
6.3 Audit Provisions
In order to comply with the monitoring and auditing requirements governing this Contract,
the County is considered a subrecipient of federal pass-through fiords under the Catalog
of Federal Domestic Assistance (CFDA) Number 93.563, "Child Support Enforcement-
Title IV-D." All accounting records should identify the source of the funds received by
the County under this Contract as Title IV-D funds passed through from the OAG. Funds
received pursuant to this Contract shall be audited in accordance with OMB Circular A-
133 by the County's independent auditor. County will give OAG a copy of the entire
auditor's report and management letter within sixty (60) days of the completion of the
audit.
6.4 Reimbursement of Audit Penalty
If funds are disallowed as a result of an audit finding contained in an audit (by County's
independent auditor, the OAG, the State Auditor, the U.S. Department of Health and
Uniform LD, LCS, SCR 1023/00 Page 17 of 28
Human Services, the Comptroller General of the United States, or any of their duly
authorized representatives) that County has failed to follow federal requirements for the
N-D program, then County agrees that the OAG may recoup its loss by withholding funds
payable under this contract to the extent ofthe loss incurred by the OAG.
TERMS AND CONDITIONS
7.1 Assignment
County will not assign its rights under this contract or delegate the performance of its
duties under this contract without prior written approval from the OAG.
7.2 Liaison
County and OAG each agree to maintain specifically identified liaison personnel for their
mutual benefit during the term ofthe Contract. The liaison(s) named by County shall serve
as the initial point(s) of contact for any inquiries made pursuant to this Contract by OAG
and respond to any such inquiries by OAG. The liaison(s) named by OAG shall serve as
the initial point(s) of contact for any inquiries made pursuant to this Contract by County
and respond to any such inquiries by County. The liaison(s) shall be named in writing at
the time of the execution of this Contract. Subsequent changes in liaison personnel shall
be communicated by the respective parties in writing.
7.3 Subcontracting
It is contemplated by the parties hereto that County shall conduct the performances
provided by this contract substantially with its own resources and through the services of
its own staff. In the event that County should determine that it is necessary or expedient
to subcontract for any ofthe performances specified herein, County shall subcontract for
such performances only after County has transmitted to the OAG a true copy of the
subcontract County proposes to execute with a subcontractor and has obtained the OAG's
written approval for subcontracting the subject performances in advance of executing a
subcontract. County, in subcontracting for any performances specified herein, expressly
understands and acknowledges that in entering into such subcontract(s), the OAG is in no
manner liable to any subcontractor(s) of County. In no event shall this provision relieve
County of the responsibility for ensuring that the performances rendered under all
subcontracts comply with all terms of this contract.
7.4 Civil Rights
County agrees that no person shall, on the ground of race, color, religion, sex, national
origin, age, disability, political affiliation, or religious belief, be excluded from participation
in, be denied the benefits of, be subjected to discrimination under, or be denied
Uniform LD, LCS, SCR 1023Po0 Page 18 of 28
employment in the administration of, or in connection with, any program or activity funded
in whole or in part with funds provided by this Contract. County shall comply with Title
V I of the Civil Rights Act of 1964, Section 504 of the Rehabilitation Act of 1973, and the
Americans with Disabilities Act of 1990. County shall comply with Executive Order
11246, "Equal Employment Opportunity" as amended by Executive Order 11375,
"Amending Executive Order 11246 relating to Equal Employment Opportunity" and as
supplemented by regulations at 41 C.F.R. Part 60, "Office ofFederal Contract Compliance
Programs, Equal Employment Opportunity, Department of Labor."
7.5 Immigration Reform and Control Act of 1986
County shall comply with the provisions of the Immigration Reform and Control Act of
1986, 100 Stat. 3359, by verifying the identity and authorization to work in the United
States of its employees assigned to this Contract at any time during the term of this
Contract.
7.6 Environmental Protection
County shall be in compliance with all applicable standazds, orders, or requirements issued
pursuant to the mandates of the Clean Air Act (42 U.S.C. Section 7401 et seq.) and the
Federal Water Pollution Control Act, as amended, (33 U.S.C. Section 1251 et seq.).
7.7 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 Regazding
Lobbying included with this Contract (Attachment E). This certification certifies that the
County will not and has not used federally appropriated funds to pay any person or
organization for influencing or attempting to influence any officer or employee of any
federal agency, a member of Congress, officer or employee of Congress, or an employee
of a member of Congress in connection with obtaining any federal contract, grant or any
other award covered by 31 U.S.C. Section 1352. It also certifies that the County will
disclose any lobbying with non-federal funds that takes place in connection with obtaining
any federal award by completing and submitting standard Form LLL.
7.8 Compliance With Law, Policy and Procedure
County shall perform its obligations hereunder in such a manner that ensures its
compliance with OAG, policy and procedure and all state and federal laws, rules and
Uniform LD, LCS, SCR IOR3l00 Page 19 of 28
regulations. County shall assure, with respect to County's performances, that the OAG
is able to meet the OAG's obligations in carrying out the program of child support
enforcement pursuant to Title N, Part D, of the federal Social Security Act of 1935, as
amended.
7.9 Legislative Appropriations
All obligations of the OAG aze subject to the availability of legislative appropriations and,
for federally funded procurements, to the availability of federal funds applicable to this
procurement (as further described below). OAG will not be in default for nonpayment
under this contract if such appropriated funds or federal funds are not available to OAG
for payment of OAG's obligations under this contract. In such event OAG will promptly
notify the County, and the contract shall terminate simultaneous with the termination of
either appropriated funds or federal funds. Upon termination of the contract the OAG will
discontinue payment hereunder.
It is expressly understood that any and all of the OAG's obligations and liabilities
hereunder aze contingent upon the existence of a state plan for child support enforcement
approved by the United States Department of Health and Human Services providing for
the statewide program of child support enforcement, pursuant to the Social Security Act,
and on the availability of Federal Financial Participation for the activities described herein.
In the event that such approval of the state plan or the availability of Federal Financial
Participation should lapse or otherwise terminate, the OAG shall promptly notify county
of such fact in writing. Upon such occurrence the OAG shall discontinue payment
hereunder.
7.10 Termination
Either party to this Contract shall have the right to either terminate this Contract in its
entirety or in part. However, a County continuing to contract to provide Local
Disbursement services must also continue to contract to provide Local Customer Service
services and a County continuing to contract to provide Local Customer Service services
must also continue to contract to provide State Case Registry services. The Contract, or
portion of the Contract, may be terminated by the terminating party notifying the other
party in writing of such termination and the proposed date of the termination no later than
thirty (30) calendaz days prior to the effective date of such termination.
In the event of termination, said termination occurring for any reason, the County shall
work with the OAG for a period of one hundred eighty (180) calendaz days following the
effective date of such termination to ensure that there will be no interruption of services
to families.
Uniform LD, LCS, SCR 1023/00 Page 20 of 28
7.11 News Releases or Pronouncements
News releases, advertisements, publications, declarations, and any other pronouncements
pertaining to this contract by County using any means or media mentioning this contract
must be approved in writing by the OAG prior to public dissemination.
7.12 Date Standazd
Four-digit yeaz elements will be used for the purposes of electronic data interchange in any
recorded form. The yeaz shall encompass a two digit century that precedes, and is
contiguous with, a two digit yeaz of century (e.g. 1999, 2000, etc.). Applications that
require day and Month information will be coded in the following format: CCYYMMDD.
Additional representations for week, hour, minute, and second, if required, will comply
with the international standazd ISO 8601:1988, "Data elements and interchange formats--
Information interchange--Representation of dates and times."
7.13 Changes in the Law
Any alterations, additions or deletions to the terms of this Contract which are required by
changes in federal or state law aze automatically incorporated into this Contract without
written amendment to this Contract and shall be effective on the date designated by said
federal or state law.
7.14 Amendments
Any changes to this Contract, except those changes so designated in this Contract, shall
be in writing and executed by both parties to this Contract.
7.15 Headings
The headings for each section of this Contract aze stated for convenience only and aze not
to be constmed as limiting.
7.16 Dispute Resolution Process for County Breach of Contract Claim
7.16.1 The dispute resolution process provided for in Chapter 2260 ofthe Government
Code shall be used, as further described herein, by the OAG and County to
attempt to resolve any claim for breach of contract made by County.
7.16.2 County's claim for breach of this contract that the parties cannot resolve in the
ordinary course of business shall be submitted to the negotiation process
provided in Chapter 2260, subchapter B, of the Govettnnent Code. To initiate
Uniform LD, LCS, SCR 10!13/00 Page 21 of 28
the process, the County shall submit written notice, as required by subchapter
B, to the Deputy Attorney General For Child Support, Office of the Attorney
General, P.O. Box 12017 (Mail Code 033), Austin, Texas 78711-2017. Said
notice shall specifically state that the provisions ofChapter 2260, subchapter B,
aze being invoked. A copy of the notice shall also be given to all other
representatives of the OAG and the County otherwise entitled to notice under
this contract. Compliance by the County with subchapter B is a condition
precedent to the filing of a contested case proceeding under Chapter 2260,
subchapter C, of the Government Code.
7.16.3 The contested case process provided in Chapter 2260, subchapter C, of the
Government Code is the County's sole and exclusive process for seeking a
remedy for any and all alleged breaches of contract by the OAG if the parties are
unable to resolve their disputes under the immediate preceding subsection.
7.16.4 Compliance with the contested case process provided in subchapter C is a
condition precedent to seeking consent to sue from the Legislature under
Chapter 107 of the Civil Practices and Remedies Code. Neither the execution
of this contract by the OAG nor any other conduct of any representative of the
OAG relating to the contract shall be considered a waiver of sovereign
immunity to suit.
7.16.5 The submission, processing and resolution ofthe County's claim is governed by
the published rules adopted by the OAG pursuant to Chapter 2260, as currently
effective, hereafter enacted or subsequently amended.
7.16.6 Neither the occurrence of an event nor the pendency of a claim constitutes
grounds for the suspension of performance by the County, in whole or in part.
7.17 Security and Confidentiality
7.17.1 General
The County shall comply with all applicable statutory and regulatory provisions
requiring that information be safeguazded and kept confidential. These statutes
and regulatory provisions include but aze not limited to 42 U.S.C. §§ 653 and
654; 45 C.F.R. §§ 307.10, 307.11 and 307.13; 26 U.S.C. 6103 (IRC 6103); IRS
Publication 1075 (Rev. 1-98) and §231.108 of the Texas Family Code, as
currently written or as may be amended, revised or enacted. Should the
County, its officials or one of its employees make any unauthorized
inspection(s) or disclosure(s) of information, this agreement may be
immediately terminated by the OAG. The County will take caze not to disclose
information provided by OAG including particulazly to any legislative body
Uniform LD, LCS, SCR 10/23/00 Page 22 of 28
(local, state or federal) which could tend to identify such applicants or recipients
of financial or other assistance or support enforcement services pursuant to the
Federal Social Security Act of 1935, as amended. No electronic list or mailing
list of recipients of services shall be created, distributed, or used. Payment
history information may not be disclosed or provided to anyone other than the
court, the guazdian ad litem for the child, the custodial and non-custodial pazent
and their attorneys, or a person authorized by the custodial or non-custodial
parent to have the payment history information. Payment history information
may be disclosed and/or provided to a District or County Attorney for purposes
of pursuing prosecution for criminal non-support of a child. The payment
history screen and any other screen that contains Internal Revenue Service
information (IRS) shall only be printed in order to provide payment history
information to the court, the guazdian ad litem for the child, the custodial and
non-custodial parent and their attorneys, a person authorized by the custodial
or non-custodial pazent to have payment history information, and a District or
County Attorney for purposes ofpursuing prosecution for criminal non-support
of a child. The County stipulates that all non IV-D and/or fV-D information is
confidential and the County agrees that it shall use and/or release non IV-D
and/or IV-D case information under the circumstances limited to this contract.
7.17.2 IRS Information
The County shall have limited access to certain information that is from the
Internal Revenue Service. In performance of this contract, the County agrees
to comply and assume responsibility for compliance by its officials,
subcontractors and employees with the following requirements:
7.17.2.1 All work shall be performed under the supervision of the County,
County officials or the County's responsible employees.
7.17.2.2 Any return or return information made available shall be used only for
the purposes of carrying out the provisions of this contract.
Information contained in such material shall be treated as confidential
and shall not be divulged or made known in any manner to any person
except as may be necessary in the performance of the contract.
Inspection by or disclosure to anyone other than an official or
employee of the County (or as provided above for payment history
information) shall require prior written approval by the OAG and the
Internal Revenue Service. Requests to make such inspections or
disclosures should be made in writing to both the OAG liaison and the
IRS Disclosure Officer ,Department of the Treasury, 300 E. Eighth
Street, Austin, TX 78701.
Uniform L.D, I.CS, SCR 10/23/00 Page 23 of 28
7.17.2.3 Should the County, its officials, its subcontractors, or one of its
employees make any unauthorized inspection(s) or disclosure(s) of
confidential tax information, this agreement may be immediately
terminated by the OAG.
7.17.2.4 Each official or employee of any person at any tier to whom return
information is or may be disclosed shall be notified in writing by the
person that returns or return information disclosed to such official or
employee can be used only for a purpose and to the extent authorized
herein, and that further disclosure of any such returns or return
information for purpose or to an extent unauthorized herein
constitutes a felony punishable upon conviction by a fine of as much
as $5,000 or imprisonment for as long as five yeazs, or both, together
with the costs of prosecution. Such person shall also notify each such
official or employee that any such unauthorized future disclosure of
returns or return information may also result in an awazd of civil
damages against the official or employee in an amount not less than
$1,000 with respect to each instance or unauthorized disclosure plus
in the case of willful disclosure or a disclosure which is the result of
gross negligence, punitive damages plus the cost ofthe action. These
penalties are prescribed by the IRC Sections 7213 and 7431 and set
forth at 26 CFR 301.6103(n).
7.17.2.5 Each official or employee of any person to whom returns or return
information is or may be disclosed shall be notified in writing by such
person that any return or return information made available in any
format shall be used only for the purpose of carrying out the
provisions of this contract and that inspection of any such returns or
return information for a purpose or to an extent not authorized herein
constitutes a criminal misdemeanor punishable upon conviction by a
fine of as much as $1,000.00 or imprisonment for as long as 1 yeaz, or
both, together with costs of prosecution. Such person shall also notify
each such official and employee that any such inspection of returns or
returns information may also result in an award of civil damages
against the official or employees in an amount equal to the sum of the
greater of $1,000.00 for each act of unauthorized inspection with
respect to which such defendant is found liable or the sum of the
actual damages sustained by the plaintiff as a result of such
unauthorized inspection plus in the case of a willful inspection or an
inspection which is the result of gross negligence, punitive damages,
plus the costs of the action. The penalties aze prescribed by IRC
Sections 7213A and 7431.
Uniform LD, LCS, SCR 1023/00 Page 24 of 28
7.17.2.6 Additionally, it is incumbent upon the county to inform its officers,
subcontractors and employees ofthe penalties for improper disclosure
imposed by the Privacy Act of 1974, 5 U.S.C. 552a. Specifically, 5
U.S.C. 552a(i)(1), which is made applicable to contractors by 5
U.S.C. 552(m)(1), provides that any officer or employee of a
contractor, who by virtue of his/her employment or official position,
has possession of or access to agency records which contain
individually identifiable information ;the disclosure of which is
prohibited by the Privacy Act or regulations established thereunder,
and who knowing that disclosure of the specific material is so
prohibited, willfirlly discloses the material in any manner to any person
or agency not entitled to receive it, shall be guilty of a misdemeanor
and fined not more than $5,000.
7.17.2.7 The IRS and/or the OAG shall have the right to send its officers and
employees, unannounced, into the offices and places of business of
the County for inspection of the facilities and operations provided for
the performance of any work under this contract. On the basis of such
inspection, specific measures may be required in cases where the
County is found to be noncompliant with security information
safeguazds.
7.17.3 Limited Use Or Release Of Information
Information provided by the OAG to the County through access to STRADUS
and/or TXCSES shall be used only for the purposes of carrying out the
provisions of this contract. Inspection by or disclosure of any non IV-D and/or
N-D case information to anyone other than an official, or employee of the
county or the OAG, other than for the purposes of carrying out, and in
accordance with, the provisions of this contract, shall require prior written
approval of the OAG and the IRS where appropriate.
7.17.4 Protection Of Information
7.17.4.1 Infortrtation accessed shall always be maintained in a secure
environment (with limited access by authorized personnel both during
work and non-work hours) using devices and methods such as, but
not limited to: alarm systems, locked containers of various types,
restricted azeas, locked rooms, locked buildings, identification systems
and control measures, guards, or other devices reasonably expected
to prevent loss or unauthorized removal of manually held data.
County shall also protect against unauthorized use of passwords,
access logs, and badges.
Uniform LD, LCS, SCR 1023/00 Page 25 of 28
7.17.4.2 Whenever possible, computer operations must be in a secure area with
restricted access. In situations such as remote terminals, or office
work sites where all of the requirements of a secure area with
restricted access cannot be maintained, the equipment shall receive the
highest level of protection that is practical. The following security
requirements shall be met for IRS information. All IRS information
shall be locked up when not in use. Tape reels, disks or other
magnetic media shall be labeled as IRS data when they contain such
information. Such labeled magnetic media shall be kept in a secured
azea under the immediate protection and control of an authorized
employee or locked up. When not in use, they shall be promptly
returned to a proper storage azea/container.
7.17.5 Security Agreements And Training
7.17.5.1 The County shall ensure that all persons having access to information
obtained from STRADUS and/or TXCSES aze thoroughly briefed on
related security procedures, restricted usage, and instructions
requiring their awareness and compliance. Annual reorientation
sessions shall be conducted to ensure that all appropriate employees
and subcontractors remain alert to all security requirements.
7.17.5.2 County agrees that it will annually provide its employees, and when
applicable its subcontractors, with the such security statements or
revised security statements and forms as deemed appropriate by the
OAG. The County shall promptly return said form with original
signatures to OAG Information Resources (IR) Division County
personnel, and when applicable its subcontractors, shall only be
granted access to STRADUS and TXCSES afrer they have received
all required security training, read the OAG Information Security
Policy Manual (Attachment A), signed the acknowledgment and read
and signed the OAG Statement of Responsibility (Attachment B) and
the County has given the signed original Statement of Responsibility
form to OAG IR Division.
7.17.5.3 County agrees that it will annually provide its employees, and when
applicable its subcontractors, with the IRS notification form
(Attachment C) and return said form with original signatures to OAG
IR Division. Should the form be revised the OAG shall provide the
County with a copy of the revised form. The IRS notification form
for an employee, and when applicable its subcontractors, must be on
file with the OAG IR Division prior to the employee or subcontractor
Uniform LD, LCS, SCR IOR3/00 Page 26 of 28
accessing STRADUS and/or TXCSES. Additionally County agrees
to post promptly in all work azeas the IRS notice (Attachment D).
7.17.6 Request For Information Pursuant To The Texas Open Records Act
The County agrees that the OAG shall be responsible foc responding to all open
records request(s) relating to IV-D cases. The County agrees to forward to the
OAG, both by facsimile and first class mail within one business day of receipt
all request(s) for information relating to IV-D cases that fall within the scope of
the Texas Open Records Act, § 552.101, et seq., Texas Government Code.
Open Records Requests shall be forwazded and faxed to:
General Counsel, Child Support Division
Attention: Open Records Liaison
Office of the Attorney General
P.O. Box 12017
Austin, Texas 78711-2017
(512) 460-6058
(512) 460-6040 (fax)
7.17.7 The obligations ofthe County under this Security of Information provision shall
survive this contract.
7.18 Venue
This contract shall be governed by and construed in accordance with the laws of the State
of Texas, except for its provisions regazding conflicts of laws. The venue of any suit
brought for any breach of this contract by the OAG is fixed in any court of competent
jurisdiction in Kerr County, Texas. The venue of any suit brought for any breach of this
contract by Kerr County is fixed in any court of competent jurisdiction in Travis County,
Texas. All payments under this contract shall be due and payable in Travis County, Texas.
7.19 Entire Contract
This instrument constitutes the entire Contract between the parties hereto, and all oral or
written contract between the parties relating to the subject matter of this contract that were
made prior to the execution of this contract have been reduced to writing and aze
contained herein
Uniform LD, LCS, SCR 1023/00 Page 27 of 28
THIS CONTRACT IS HEREBY ACCEPTED
OFFICE OF THE ATTORNEY KERR COUNTY
GENERAL
L
Howard G. Baldwin, Jr. ~ The Honorable Fred Henneke
Deputy Attorney General for Child Support County Judge, Kerr County
Uniform LD, LCS, SCR 1023/00 Page 28 of 28