ORDER N0.28397
RENEWAL OF ORIGINAL CONTRACT AGREEMENT #04-0266
KERR COUNTY AND THE OFFICE OF THE ATTORNEY GENERAL
On this the 1 l~ day of November 2003 upon motion made by Commissioner Baldwin,
Seconded by Commissioner Letz, the Court unanimously approved by vote of 4-0-0 to
approve the Renewal of Original Contract Agreement # 04-0266 between Kerr County
and the Office of the Attorney General for continued participation in support of the Texas
Child Support Disbursement Unit (TxCSDU) and amended to include provisions for Kerr
County provided customer service and payment thereof by the OAG for the Federal
Office of Child Support Enforcement under Title IV-D.
~ORIGINq~
a~~?3`~1
COMMISSIONERS' COURT AGENDA REQUEST
PLEASE FURNISH ONE ORIGINAL AND NINE COPIES OF THE REQUEST AND DOCUMENTS
TO BE REVIEWED BY THE COURT
MADE BY: Linda Uecker OFFICE: DISTRICT CLERK
MEETING DATE:
TIME PREFERRED:
SUBJECT: (PLEASE BY SPECIFIC) Approval of Renewal of Original Contract Agreement #04-
0266 between Kerr County and the Office of the Attorney General for continued participation in
support of the Texas Child Support Disbursement Unit (TxCSDU) and amended to include
provisions for Kerr County provided customer service and payment thereof by the OAG for the
Federal Office of Child Support Enforcement under Title IV-D.
EXECUTIVE SESSION REQUESTED: (PLEASE STATE REASON
NAME OF PERSON ADDRESSING THE COURT: Linda Uecker
ESTIMATED LENGTH OF PRESENTATION: 15 minutes
IF PERSONNELL MATTER -NAME OF EMPLOYEE:
Time for submitting this request for Court to assure that the matter is posted pursuant with
Title 5, Chapter 551 and 552, Government Code is by 5:00 PM on the previous Tuesday of a
meeting scheduled for Mondays.
THIS REQUEST RECEIVED BY:
THIS REQUEST RECEIVED ON:
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. See Agenda Request Rules adopted by the Commissioners' Court.

Cooperative Agreement
between
The Office of the Attorney General
of the State of Texas
and
Kerr County, Texas
CONTRACT NO. 04-C0266
1 INTRODUCTION & PURPOSE
1.1 This document encompasses local disbursement of non-IV-D 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-IV-D child support cases where child
support payments aze remitted to the SDU ("Local Customer Service"), and
furnishing non-IV-D court order information relating to Suits Affecting the
Parent-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.
1.2 Kerr County ("County") is contracting with the Office of the Attorney General
("OAG") to handle inquiries on (including any necessary research) and receive
information about non-IV-D child support cases where child support payments aze
remitted to the Texas Child Support State Disbursement Unit and furnish non-IV-
D court order information relating to Suits Affecting the Pazent-Child
Relationship for use in the State and Federal Case Registries.
1.3 This Contract and its attachments (all of which are made a part hereof and
expressly included herein) is entered into under the authority of Texas Family
Code Section 231.002.
1.4 The term "OAG Systems" when used in this Contract encompasses the OAG
Child Support Case Management System (commonly referred to as TXCSES )
and the Texas Child Support State Disbursement Unit System (commonly referred
to as STRADUS) including all of their subsystems, functions, processes, and
security requirements.
in, ~.cs, scR: 9nsio3 Page 1 of 40
1.5 Unless specified otherwise in this Contract, all procedures required to be followed
by the County will be made available to the County on the OAG portal at
http://portal. oag.state.tx.us.
2 CONTRACT PERIOD
This Contract shall commence on September 1, 2003, and shall terminate on August 31,
2005, unless terminated earlier by provisions of this Contract.
3 LOCAL DISBURSEMENT
3.1 County Responsibilities
3.1.1 Accessing STR.ADUS and TXCSES
3.1.1.1 Work with the OAG or its designated agent to acquire, when
needed, (at no cost to the County) from the OAG or its
designated agent one personal computer, including the necessary
software, to access the OAG Systems. The STRADUS web
server is currently the designated OAG 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 OAG or its
designated agent to obtain the database access required. County
is responsible for connecting the hardware to its own county
network and for the cost associated therewith.
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 OAG or its designated agent.
3.1.1.3 Should the County desire to retain their legacy case management
system, whether in-house or vendor based, the County is required
to maintain strict data synchronization with the OAG Systems.
To accomplish this the County must demonstrate sufficient
resources and ability to:
rn, ux, sca: 9rzsros Page 2 of 40
3.1.1.3.1 receive and process into the County legacy system
daily data updates from the OAG in ICDO50 format
and
3.1.1.3.2 generate and transmit daily from the County legacy
system to the OAG data updates from the County
legacy system in ICD021 format.
3.1.1.4 County will be authorized to implement the data synchronization
process upon completion of demonstrated ability and a
documented system test.
3.1.1.5 Should the County not desire to retain their legacy case
management system or if data synchronization with the OAG
Systems is not feasible the County shall enter all case/member
information.directly onto the designated OAG System.
3.1.1.6 The ICD021 and ICDO50 computer file specifications and format
will be made available to the County on the OAG portal. If these
specifications change during the term of the Contract, the
changes will be made available on the OAG portal and an e-mail
notice of such availability will be sent to the County liaison. The
County shall be responsible for implementing the changes to the
electronic file specifications when and as required for OAG
Systems processing.
3.1.1.7 To the extent necessary to fulfill its obligations under this
Contract, County shall maintain, at no cost to the OAG, County
hazdwaze and soflwaze compatibility with the OAG Computer
Systems and OAG file format needs, to include OAG softwaze
and OAG computer hazdwaze and related equipment upgrades.
OAG will provide County with as much notice as possible of
intended OAG Computer Systems upgrades.
3.1.1.8 County is responsible for all the necessary phone lines. For those
counties that do not have Internet access, the OAG will ensure that
Internet service is established for at least one personal computer.
However, if the County is not covered by a local Internet Service
Provider local telephone coverage azea, then the County is
~, ccs, scx: 9nsros Page 3 of 40
responsible for any unavoidable long distance telephone charges
that occur.
3.1.2 Loss of Funds and Unfunded Disbursements
County is responsible for all funds transferred to and received by County
from the OAG or its designated agent, whether such funds are 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.
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 information from the TCPA
"Unclaimed Property Reporting Instructions" necessary for OAG to fulfill
its 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 "Unclaimed Property Reporting
Instructions" can be found at http://www.window.state.tx.us/up/forms/96-
478.pdf.
3.1.4 Daily Recording
3.1.4.1 County shall follow OAG procedures for reporting and
transmitting case and payment information and payment status on
all relevant non-IV-D disbursements.
r.~, ~.cs, scR 9nsro3 Page 4 of 40
3.1.4.2 County shall record on its automated system all data required to
support the local disbursement activities contemplated by this
Contract.
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-IV-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. If the
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 sepazation of duties.
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 OAG Systems in
accordance with OAG procedures. Payments for which a new
address cannot be obtained within five (S) 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, in accordance with OAG procedures, research 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.
~.n, L,cs, SCR: 9/25/03 Page 5 of 40
3.1.4.9 County shall employ OAG processes and procedures to resolve
payment related inquiries between the County and the OAG
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-N-D payments disbursed
and the total dollar amount shall also be reflected on the register.
3.1.4.12 County shall electronically report by close of business. the next
business day the status of each payment received from the OAG
for disbursement by the County using the file format and codes
as specified by the OAG. This includes all paper and electronic
transactions.
3.1.4.13 County shall electronically report by the 15~` of each calendaz
month the status of each payment disbursed by the County for the
OAG during the prior calendar month using the file format and
codes as specified by the OAG. This includes all paper and
electronic transactions.
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 from the OAG with the electronic
disbursement file the County downloads from the OAG. 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) County work days.
3.1.6 Electronic Transmittal Procedures
3.1.6.1 The electronic files that County must receive and transmit for
Local Disbursement are listed below. The computer file
specifications and format to enable the County to process from or
r.n, us, SCR 9/25/03 Page 6 of 40
provide this information in the manner required by the OAG will
be made available to the County on the OAG portal at
http://portal.oag.state.tx.us. If these specifications change during
the term of the contract, the changes will be made available on
the OAG portal and an e-mail notice of such availability will be
sent to the County liaison. The County shall be responsible for
implementing the changes to the electronic file specifications
when and as required for Local Disbursement processing.
3.1.6.1.1 Non-IV-D Disbursement Advice, technical document
name: Interface Control Document 014 (ICD014).
3.1.6.1.2 Non-IV-D Check Status, technical document name:
Interface Control document 020 (ICD020).
3.1.6.2 County shall generate the non-IV-D disbursements and, if
desired, record the IV-D payments on its automated system.
3.1.6.3 County shall produce an electronic file (ICD020) containing the
status of all payments received from the OAG and disbursed by
the county. For payments disbursed by the County, the file shall
include check number, and ACH routing transit number or other
defined electronic payment identifier. The file shall be
transmitted daily to the OAG.
3.1.6.4 County shall track disbursements issued by the County, including
electronic disbursements and record the status of each in a non-
IV-D Check Status File (ICD020). Status as used in this
subsection means: cashed, cancelled, re-issued, voided, stop
payment, or unidentified or undeliverable and, in the context of
electronic disbursements, not returned to the County by their
financial institution. This file shall be transmitted each calendar
month to the OAG no later then the 15~` day of the month for
disbursements issued by the County during the immediately
preceding calendar month.
3.1.6.5 County shall track, log, and report monthly to the OAG all
payments:
3.1.6.5.1 returned to the OAG due to mis-posting or mis-
applied errors in payment processing and
~, Lcs, SCR 9!25/03 Page 7 of 40
3.1.6.5.2 returned to the County on disbursement file cases due
to County mis-posting or mis-applied errors in
payment processing.
3.1.6.6 In the event of a failed transmission or if an unprocessable
electronic file is produced, County shall correct the problem and
retransmit within one (1) working day of notification by the
OAG.
3.1.6.7 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.
3.2 OAG Responsibilities
3.2.1 Access to STR.ADUS and TXCSES
OAG will work with the County to make sure the County has one personal
computer, including the necessary software, to access the OAG Systems.
For those counties that do not have internet access, the OAG will ensure
that internet service is established for at least one personal computer.
However, if the County is not covered by a local Internet Service Provider
local telephone coverage area, then the County is responsible for any
unavoidable long distance telephone charges that occur.
3.2.2 Reimbursement
3.2.2.1 OAG shall monitor the non-N-D Disbursement Advice Files
forwarded 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 forward 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 Dollars ($1.34) per
in, rocs, SCR: 985/03 Page 8 of 40
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 returned voucher. If the 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
forward 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 OAG or its
designated agent will be made up by the OAG; provided that the
shortage was due to OAG, OAG designated agent, 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.
cn, Lcs, scR 9nsros Page 9 of 40
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 calendaz quarter in which such
costs are 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 maybe 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 requirements of those sections.
3.2.3.5 Direct deposit disbursements by the County are not reimbursable
under this Contract. The OAG shall not be liable to the County
for reimbursement of direct deposit transactions initiated by the
County. County shall notify the OAG of direct deposit recipients
in order for the OAG to obtain authorization for the OAG to
disburse funds to the recipient by means of direct deposit.
4 LOCAL CUSTOMER SERVICE
4.1 County Responsibilities
4.1.1 Accessing STRADUS and TXCSES
4.1.1.1 Work with the OAG or its designated agent to acquire, when
needed, (at no cost to the County) from the OAG or its
designated agent one personal computer, including the necessary
software, to access the OAG Systems. The STRADUS web
server is currently the designated OAG 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 OAG or its
designated agent to obtain the database access required. County
is responsible for connecting the hardware to its own county
network and for the cost associated therewith.
4.1.1.2 County must make necessary programming changes to its own
automated child support system to accomplish the local customer
service activities in this contract. If the County employs a Vendor
rn, u;s, scx: 9nsro3 Page 10 of 40
for maintenance and changes to its automated child support
system, County must coordinate efforts between the County
Vendor and the OAG or its designated agent.
4.1.1.3 Should the County desire to retain their legacy case management
system, whether in-house or vendor based, the County is required
to maintain strict data synchronization with the OAG Systems.
To accomplish this the County must demonstrate sufficient
resources and ability to:
4.1.1.3.1 receive and process into the County legacy system
daily data updates from the OAG in ICDO50 format
and
4.1.1.3.2 generate and transmit daily from the County legacy
system to the OAG data updates from the County
legacy system in ICD021 format.
4.1.1.4 County will be authorized to implement the data synchronization
process upon completion of demonstrated ability and a
documented system test.
4.1.1.5 Should the County not desire to retain their legacy case
management system or if data synchronizationtyith the OAG
Systems is not feasible the County shall enter all caselmember
information directly onto the designated OAG System.
4.1.1.6 The ICD021 and ICDO50 computer file specifications and format
will be made available to the County on the OAG portal. If these
specifications change during the term of the Contract, the
changes will be made available on the OAG portal and an e-mail
notice of such availability will be sent to the County liaison. The
County shall be responsible for implementing the changes to the
electronic file specifications when and as required for OAG
Systems processing.
4.1.1.7 To the extent necessary to fulfill its obligations under this
Contract, County shall maintain, at no cost to the OAG, County
hazdwaze and soflwaze compatibility with the OAG Computer
Systems and OAG file format needs, to include OAG software
and OAG computer hazdwaze and related equipment upgrades.
OAG will provide County with as much notice as possible of
intended OAG Computer Systems upgrades.
tu, res, scx: 9rzsio3 Page 11 of 40
4.1.1.8 County is responsible for all the necessary phone lines. For those
counties that do not have internet access the OAG will ensure that
internet service is established for at least one personal computer.
However, if the County is not covered by a local Internet Service
Provider local telephone coverage area, then the County is
responsible for any unavoidable long distance telephone chazges
that occur.
4.1.2 County Customer Service Unit Resources and Services
4.1.2.1 County shall provide the resources necessary to accomplish the
following allowable categories of customer service activity:
updates, payment information, reports of domestic violence,
payment records request. These activities include, but are not
limited to,:
4.1.2.1.1 Reseazching non-N-D payments that should have
been but were not received by the OAG.
4.1.2.1.2 Reseazching non-IV-D disbursements that should
have been but were not received by the custodial
pazent.
4.1.2.1.3 Ensuring that payments on cases that have been
redirected from the County registry to the OAG are no
longer paid to the County but aze paid to the OAG and
that disbursements on such cases aze no longer made
by the County.
4.1.2.1.4 Entering updates on OAG Systems for new case and
/or member information provided by the custodial
pazent, non-custodial parent, employer, court or
attorney of record to the County. This includes but is
not limited to address information, changes in
custody, court order terminations of all types, child
emancipation, multiple payees or payors, case
deactivation and order transfers.
4.1.2.1.5 providing payment records to the court, the guardian
ad litem for the child, the custodial and non-custodial
parent and their attorneys, a person authorized by the
custodial or non-custodial pazent to have the payment
history information,' and a District or County attorney
tn, r..cs, scR: 9rzsros Page 12 of 40
for purposes of pursuing prosecution for criminal
non-support of a child.
4.1.2.2 The County Customer Service unit shall take inquiries and
receive information by, but not limited to, a-mail, letters, phone
calls, facsimiles and walk-ins.
4.1.2.3 Resources as used in this Customer Services Unit Resources and
Services section include, but are not limited to, personnel, office
space, equipment, phones and phone lines, and any County-
specific IVR system.
4.1.3 Customer Service Unit Documentation
4.1.3.1 County shall track and make available, upon request of OAG,
documentation regarding the inquiries received.
4.1.3.1.1 For inquiries handled by County personnel (as
opposed to inquiries handled by aCounty-specific
IVR system) County shall document, at a minimum,
the following information: the name of the person
handling the inquiry, the name of the person making
the inquiry, OAG case number and/or court cause
number, County ID Number, NCP name, CP name,
date of inquiry, and, as applicable, the following
allowable categories of customer service activity
performed: updates, payment information, reports of
domestic violence, payment records request. County
may, at County option, track and document inquiries
received on OAG Systems using direct data entry. In
any case County shall report to OAG Systems b~X
direct data entry or electronic fi~ that it received and
has worked/is working a request for assistance and the
OAG case number and/or court cause number.
4.1.3.1.2 For inquiries handled by aCounty-specific NR
system, the county-specific IVR system must be able
to document an allowable category of customer
service activity: The allowable categories of customer
service activity are: updates, payment in ormation,
reports of domestic violence, payment records
r4e~c uest. For inquiries handled by aCounty-specific
IVR system, County shall document, at a minimum,
~, ~,cs, SCR 925/03 Page 13 of 40
the following information: OAG case number and/or
court cause number, County ID Number, NCP name,
CP name, and date of inquiry. County shall also
document the applicable allowable category of
customer service activity that the County-specific IVR
system is capable of performing. A county report to
OAG Systems is not required.
4.1.3.2 County shall follow OAG procedures relating to data integrity
when accepting changes to case information i.e., procedures to
properly identify the caller.
4.1.3.3 County shall perform the Customer Service Unit services using
the following guidelines:
Respond to written inquiries within five (5) County work days,
take action on information received within three (3) County work
days, document case record of action or information received at
time of receipt, follow up to a telephone inquiry within three (3)
County work days, return phone calls within three (3) County
work days, see a customer the same day or schedule appointment
within three {3) County work days of request.
4.1.3.4 County shall use OAG processes and procedures for forwarding
inquiries between the County, and the OAG and the OAG's
designated agent where necessary, e.g., misdirected inquiries.
The County and the OAG will also work to develop customer
outreach information regarding the provision of customer service
by the OAG, and County.
4.1.3.5 County shall maintain a log of customer service complaint calls.
The log shall identify the complainant, the nature of the customer
service complaint, the name of the person taking the customer
service complaint, action taken on the customer service .
complaint, OAG case number and/or court cause number, NCP
name, CP name, and date and time of the customer service
complaint. County shall provide the log to the OAG by the 15`~
day of the month following the reporting month. .
4.1.3.6 County shall establish quality assurance monitoring procedures
and a system that will provide to the OAG sufficient information
for evaluating the local customer service performance. The
County quality assurance monitoring procedures and system shall
~n, us, SCR: 925/03 Page 14 of 40
be established within the first state fiscal year quarter after
contract execution. Thereafter, the county shall perform quality
assurance monitoring monthly and report the results to the OAG
quarterly. Quarterly quality assurance monitoring reports shall
be submitted to the OAG by the 15th day following the end of
each state fiscal year quarter.
4.1.3.7 The electronic files associated with customer service activity that
the County may receive and process are:
4.1.3.7.1 N-D and Non-N-D Collections, technical document
name: Interface Control Document 012 (ICD012).
4.1.3.7.2 Non-N-D Disbursement Data, technical document
name: Interface Control Document 013 (ICD013).
4.1.3.7.3 N-D and Non-N-D Collection Adjustments,
technical document name Interface Control Document
015 (ICDO15).
4.1.3.7.4 Non-N-D Case Data from Local Registries, technical
document name: Interface Control document 050
(ICDO50).
4.1.3.7.5 STRADUS and Local Registries Customer Service
Activities, technical document name: Interface
Control Document 035 (ICD035).
4.1.3.8 In the event of a failed transmission, or if an unprocessable
electronic file is produced, county shall correct the problem and
retransmit within one (1) working day of notification by the
OAG.
4.1.3.9 County shall record on its automated system all financial data.
available from the OAG required to support the accurate
dissemination of payment record information contemplated by
this Contract or the County shall access, as needed, an
OAG/TXCSES payment history record, as available, from the
OAG "Consolidated Payment Record" application.
~, ccs, scx: 9rzsros Page 15 of 40
4.2 OAG Responsibilities
4.2.1 Access to STRADUS and TXCSES
OAG will work with the County to make sure the County has one personal
computer, including the necessary software, to access the OAG Systems:
For those counties that do not have internet access, the OAG will ensure
that internet service is established for at least one personal computer.
However, if the County is not covered by a local Internet Service Provider
local telephone coverage area, then the County is responsible for any
unavoidable long distance telephone charges that occur.
4.2.2 Reimbursement For Inquiries Handled by County Personnel
4.2.2.1 OAG shall monitor County STRADUS Local Customer Service
activities (direct data entry or electronic file) and summarize for
monthly reimbursement amounts.
4.2.2.2 OAG shall forward a Summary and Reimbursement Voucher to
the County for review and approval.
4.2.2.3 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 process the invoice fog
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
4.2.2.4 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 fmancial participation under Title N-D; for purpose of
reference only the federal share on the effective date of this
~, Lcs, SCR 9/25/03 Page 16 of 40
contract is 66%. The County agrees that for the purposes of this
contract all of the County's contract associated costs for any given
calendar month is equal to the number of inquiries handled by
County personnel during the calendar month multiplied by a per
inquiry fee of $2.995 per inquiry. Thus: (Calender Month
Inquiries Handled by County Personnel) ($2.995) (Federal Share)
= OAG Liability. For the purpose of this subsection inquiry
means one incoming request for assistance (as described in the
County Customer Service Unit Resources and Services section
above) not the number of out-going calls or efforts needed to
resolve the inquiry nor does it mean multiple data entry to
complete the update of multiple items of information which were
reported at the same time.
4.2.2.5 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.
4.2.3 Reimbursement for Inquiries Handled by aCounty-Specific IVR
4.2.3.1 In order to be reimbursed for handling customer inquiries
received and answered through aCounty-specific 1VR the
County must first demonstrate to the OAG that the County NR
has sufficient controls to satisfy the requirements of Section 7.17,
below and to assure that information is provided only to persons
authorized to have access to the information. The County must
also demonstrate that the County has successfully integrated
SDU collections into their NR to include adequate
documentation confirming the daily integration of
collections/disbursements (ICD 12, ICD 13 and ICD 15 are
available for County use each day) received by STRADUS is
present on the County-specific IVR for each month that County
is requesting reimbursement for. Upon OAG agreement that
sufficient controls are in place and that successful integration has
occurred, county may invoice OAG for handling customer
inquiries received and answered through aCounty-specific NR.
rn, us, scx: 9nsros Page 17 of 40
4.2.3.2 County shall bill OAG monthly, on a form provided by OAG, for
the customer inquiries received and answered through the
County-specific NR during the preceding month. County shall
submit invoices each month 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
4.2.3.3 The invoice shall contain the OAG Contract Number,
identification of the services provided, the calendar month the
services were provided, the location of the County-specific IVR,
the number of inquiries handled by the County-specific IVR
during the particular calendar month and a request for payment of
the federal share of the County's contract associated cost for the
particular month that the services were provided.
The County shall also deliver, simultaneous with the mailing of
its monthly invoice, to the OAG child support customer service
portal an electronic listing of cases served. This electronic listing
is deemed to be an attachment to and supporting documentation
for the invoice. The electronic listing shall be structured in the
same manner as ICD 35. The electronic listing shall include, at a
minimum, OAG case number and/or court cause number, County
ID Number, NCP name, CP name, date of inquiry, and the nature
of the inquiry i.e. updates, payment information, reports of
domestic violence, payment records request.
County shall provide additional information and/or
documentation as the OAG reasonably may require; provided
that such information and/or documentation is available without
having to program the County Specific IVR beyond the
programming required by Section 4.1.3.1 above. County shall
respond to any OAG request for additional information and/or
documentation to support payment within seven (7) calendar
days of receipt. The OAG shall process a properly prepared
invoice (which invoice must also include a properly prepared,
properly structured, timely delivered and readable electronic
listing) for payment in accordance with the State procedures for
issuing State payments and the Texas Prompt Payment Act. The
i..n, r.cs, scR 9ns~o3 Page 18 of 40
County agrees that payment for any services not properly billed
to the OAG within the next three billing cycles immediately
following the month in which the services were provided is
solely within the discretion of the OAG and that OAG may
decline to pay for any such services.
4.2.3.4 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 N-D; for
purpose of reference only the federal shaze on the effective date
of this contract is 66%. The County agrees that for the purposes
of this contract all of the County's contract associated costs for
any given calendar month is equal to the number of inquiries
handled by aCounty-specific TVR during the calendar month
multiplied by a per inquiry fee of $0.137 per inquiry. Thus:
(Calender Month Inquiries Handled by aCounty-specific NR)
($0.137) (Federal Shaze) = OAG Liability. For the purpose of
this subsection inquiry means one incoming request for
assistance not the number ofout-going calls or efforts needed to
resolve the inquiry.
4.2.4 Limitation of OAG Liability
4.2.4.1 The OAG shall be liable only for contract associated costs
incurred after commencement of this Contract and before
termination of this Contract.
4.2.4.2 The OAG may decline to reimburse Allowable Costs which are
submitted for reimbursement more than sixty (60) calendar days
after the State Fiscal Yeaz calendaz quarter in which such costs
aze incurred.
4.2.4.3 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 maybe offset and deducted
from any amount owing but unpaid to County.
4.2.4.4 The OAG shall not be liable for reimbursing the County if the
County fails to comply with the County Customer Service Unit
Resources and Services and/or the Customer Service Unit
~, us, scR: vnsio3 Page 19 of 40
Documentation Sections above in accordance with the
requirements of those sections.
4.2.4.5 The OAG shall not be liable for reimbursing the County for any
activity currently eligible for reimbursement as of right without
the necessity for a prior existing contract e.g. sheriff/processor
fees. Nor shall the OAG be liable for reimbursing the County for
any activities eligible for reimbursement under another Contract
or Cooperative Agreement with the OAG e.g. research activities
related to completion of State Case Registry eligible cases.
5 STATE CASE REGISTRY
5.1 County Responsibilities
5.1.1 Accessing STRADUS and TXCSES
5.1.1.1 Work with the OAG or its designated agent to acquire, when
needed, (at no cost to the County) from the OAG or its
designated agent one personal computer, including the necessary
softwaze, to access the OAG Systems. The STRADUS web
server is currently the designated OAG database to house data
files. TXCSES is the OAG database to house the Title N-D case
and payment related files. County will work with the OAG or its
designated agent to obtain the database access required. County
is responsible for connecting the hardware to its own county
network and for the cost associated therewith.
5.1.1.2 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 OAG or its designated agent.
5.1.1.3 Should the County desire to retain their legacy case management
system, whether in-house or vendor based, the County is required
to maintain strict data synchronization with the OAG Systems.
To accomplish this the County must demonstrate sufficient
resources and ability to:
r.~, ~.cs, scR 9nsios Page 20 of 40
5.1.1.3.1 receive and process into the County legacy system
daily data updates from the OAG in ICDO50 format
and
5.1.1.3.2 generate and transmit daily from the County legacy
system to the OAG data updates from the County
legacy system in ICD021 format.
5.1.1.4 County will be authorized to implement the data synchronization
process upon completion of demonstrated ability and a
documented system test.
5.1.1.5 Should the County not desire to retain their legacy case
management system or if data synchronization with the OAG
Systems is not feasible the County shall enter all case/member
information directly onto the designated OAG System.
5.1.1.6 The ICD021 and ICDO50 computer file specifications and format
will be made available to the County on the OAG portal. If these
specifications change during the term of the Contract, the
changes will be made available on the OAG portal and an e-mail
notice of such availability will be sent to the County liaison. The
County shall be responsible for implementing the changes to the
electronic file specifications when and as required for OAG
Systems processing.
5.1.1.7 To the extent necessary to fulfill its obligations under this
Contract, County shall maintain, at no cost to the OAG, County
hazdwaze and software compatibility with the OAG Computer
Systems and OAG file format needs, to include OAG soflwaze
and OAG computer hazdwaze and related equipment upgrades.
OAG will provide County with as much notice as possible of
intended OAG Computer Systems upgrades.
5.1.1.8 County is responsible for all the necessary phone lines. For those
counties that do not have internet access, the OAG will ensure that
internet service is established for at least one personal computer.
However, if the County is not covered by a local Internet Service
Provider local telephone coverage area, then the County is
responsible for any unavoidable long distance telephone charges
that occur.
~n, r..cs, scR 9nsio3 Page 21 of 40
5.2 State Case Registry Activities
5.2.1 County shall provide to OAG new and modified court orders entered after
the effective date of the Contract for Non-IV-D court order information
relating to Suits Affecting the Parent-Child Relationship.
5.2.2 County shall use the original court ordered documents to obtain the
relevant information for entry to the OAG Systems or may use a form
completed by the District Clerk or local Registry's office that summarizes
the relevant court ordered child support information. The OAG, at the
County's option, shall work with the County to develop and implement
this form.
5.2.3 County must provide the following data elements:
5.2.3.1 participant type (dependent, custodial parent ,non-custodial
parent)
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 for each custodial parent and non-
, custodial parent
5.2.3.6 date of birth for each participant
5.2.3.7 cause number
5.2.3.8 cause county code
5.2.3.9 start date of cause
5.2.3.10 order modification date
5.2.3.11 address lines 1, 2, and 3, City, State, Zip (custodial parent only)
5.2.4 Additional data elements defined in Interface Control Document Number
021 (ICD021) may be provided at County option. A copy of ICD021 is
available on the OAG portal.
L.n, us, scR: 9nsio3 Page 22 of 40
5.2.5 County shall provide data elements and/or information updates to the
OAG Systems for non-1V-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 completion of the hearing.
5.2.7 County shall provide update order information within three (3) working
days of receipt.
5.2.8 County shall provide new and updated order information via electronic file
in ICD021 format from the county automated system or perform the data
entry directly onto OAG Systems.
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 notification by the OAG.
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 County to make sure the County has one personal
computer, including the necessary softwaze, to access the OAG Systems.
For those counties that do not have Internet access, the OAG will ensure
that Internet service is established for at least one personal computer.
However, if the County is not covered by a local Internet Service Provider
local telephone coverage azea, then the County is responsible for any
unavoidable long distance telephone charges that occur.
5.3.2 Reimbursement
5.3.2.1 OAG shall monitor County OAG Systems State Case Registry
activities (direct data entry or electronic file) and summarize for
monthly reimbursement amounts.
5.3.2.2 OAG shall forward a Summary and Reimbursement Voucher to
the County for review and approval.
r..n, r.cs, SCR: 9/25/03 Page 23 of 40
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 are
included on the voucher. The OAG shall process the invoice for
payment in accordance with the state procedures for issuing state
payments and the Texas Prompt Payment Act.
County shall submit the invoice to:
Contract Manager 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
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 of this
contract is 6b%. The County agrees that for the purposes of this
contract all of the County's contract associated costs for any given
calendar month is equal to the number of new and modified 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 of
Non-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
~,n, i cs, SCR: 9n5/03 Page 24 of 40
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 of this Contract.
5.3.3.2 The OAG may decline to reimburse Allowable Costs which are
submitted for reimbursement more than sixty (60) calendar days
after the State Fiscal Year calendar quarter in which such costs
are incurred.
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 maybe offset and deducted
from any amount owing but unpaid to County.
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.
6 GENERAL REQUIREMENTS
6.1 Written Notice Delivery
Any notice required or permitted to be given under this Contract by one party to
the other party shall be in writing and shall be addressed to the receiving party at
the address hereinafter specified. The notice shall be deemed to have been given
immediately if delivered in person to the recipient's address hereinafter specified.
It shall be deemed to have been given on the date of certified receipt if placed in
the United States mail, postage prepaid, by registered or certified mail with return
receipt requested, addressed to the receiving party at the address hereinafter
specified.
r,n, ccs, SCR 9/25/03 Page 25 of 40
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, Kerr County
700 East Main Street
Kerrville, Texas 78028-5389
6.1.2 OAG
The address of the OAG for all purposes under this Contract and for all
notices hereunder shall be:
Cynthia Bryant (or her successor in office)
Deputy Attorney General for Child Support
Office of the Attorney General
P.O. Box 12017
Austin, Texas 78711-2017
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 and/or
investigations 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 maybe inspected,
monitored, evaluated, audited and copied. County shall cooperate fully with the
r n, L.cs, scR: 9nsios Page 26 of 40
OAG, United States Department of Health and Human Services, Comptroller
General of the United States, and State Auditor of Texas in the conduct of any
audit and/or investigation including the providing of any requested books,
documents, and records. County shall retain all financial records, supporting
documents, statistical records, and any other records, logs, audit trails or books
relating to the performances called for in this contract. County shall retain all
such records for a period of three (3) years after the expiration of the term of this
contract, or until the OAG or the United States are satisfied that all audit and
litigation matters are resolved, whichever period is longer. Reports or other
information relating to this program prepared by the County or at the request of
the County shall be furnished to the OAG within ninety (90) days of availability.
The requirements of this Subsection shall be included in all subcontracts.
6.3 Reimbursement of Audit Penalty
If funds are disallowed as a result of an audit finding contained in an audit (by
County or County's independent auditor, the OAG, the State Auditor, the U.S.
Department of Health and Human Services, the Comptroller General of the United
States, or any of their duly authorized representatives) that County has failed to
follow federal requirements for the IV-D program, then County agrees that the
OAG may recoup its loss by withholding funds payable under this contract to the
extent of the loss incurred by the OAG.
6.4 Remedies for Non-Performance
6.4.1 Failure of the County to perform the contracted for services as required by
this Contract shall be considered unsatisfactory performance. Any finding
of unsatisfactory performance shall be communicated to the County in
writing by the OAG Contract Manager. If the County wants to dispute the
finding, a written dispute must be received by the OAG Contract Manager
no later then fifteen (15) calendar days from the date the County received
the written finding of unsatisfactory performance. The written dispute
must detail why the County believes the finding is erroneous and must
contain all supporting documentation. The OAG Contract Manager will
review the dispute submission to determine the validity of the original
finding of unsatisfactory performance. The determination of the OAG
Contract Manager shall be final and shall conclude the review process.
The OAG Contract Manager's determination shall be communicated to the
County in writing. If a written dispute of the original finding of
unsatisfactory performance is not received by the OAG Contract Manager
by the time set forth above, the finding of unsatisfactory performance shall
i.n, ics, scR: 9nsios Page 27 of 40
be deemed validated and the County shall have waived its right to dispute
the finding.
6.4.2 If the finding of unsatisfactory performance is validated, the County shall
be requested to provide the OAG Contract Manager with a corrective
action plan. A corrective action plan, acceptable to the OAG Contract
Manager, must be provided within a reasonable time period as specified by
the OAG Contract Manager. Failure to provide an acceptable corrective
action plan within the specified time period shall result in a withholding of
payments due to County under this Contract until such time that an
acceptable corrective action plan is provided.
6.4.3 If the County does not return to satisfactory status within four months of
receiving notice that an unsatisfactory performance finding has been
validated, OAG may withhold payments due to County under this Contract
until the County is once again performing satisfactorily. If the
unsatisfactory status persists for a total of six months after receiving notice
of the validated unsatisfactory performance finding, OAG may terminate
this Contract (in accordance with the Termination Section below) without
payment to County for any costs incurred by County from the time that
OAG commenced withholding payments due to County being in an
unsatisfactory status. Where payments are to resume due to County
having provided an acceptable corrective action plan or having attained
satisfactory performance status the first payment after resumption shall
include all costs accrued during the period when payments to the County
were withheld.
6.5 Training on OAG Systems
Training on OAG Systems will be provided upon request from the County, by the
end of the quarter following such request, by OAG Regional Trainers at each of
the OAG Regional Training Centers. Any County staff performing functions
under this Contract must attend this training. County shall be responsible for any
and all costs associated with this training, including, but not limited to, costs for
travel, lodging, meals and per diem; provided, however that the OAG shall be
responsible for the cost of training materials and equipment required to complete
the training class. OAG will publish training schedules on the OAG portal.
County is responsible for scheduling the training with the OAG and shall direct
training requests to:
~, Lcs, SCR 9/25/03 Page 28 of 40
Larry Acevedo
Office of the Attorney General
Mail Code 053
P.O. Box 12017
Austin, Texas 78711-2017
email address: Larry.Acevedo@cs.oag.state.tx.us
7 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 of the Contract. The liaison(s) named by
County shall serve as the initial point(s) of contact for any inquiries made
pursuant to this Contract by OAG and respond to any such inquiries by OAG.
The liaison(s) named by OAG shall serve as the initial point(s) of contact for any
inquiries made pursuant to this Contract by County and respond to any such
inquiries by County. The liaison(s) shall be named in writing at the time of the
execution of this Contract. Subsequent changes in liaison personnel shall be
communicated by the respective parties in writing.
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 of the performances
specified herein, County shall subcontract for such performances only after
County has transmitted to the OAG a true copy of the subcontract County
proposes to execute with a subcontractor and has obtained the OAG's written
approval for subcontracting the subject performances in advance of executing a
subcontract. County, in subcontracting for any performances specified herein,
expressly understands and acknowledges that in entering into such subcontract(s),
the OAG is in no manner liable to any subcontractor(s) of County. In no event
shall this provision relieve County of the responsibility for ensuring that the
performances rendered under all subcontracts comply with all terms of this
contract.
c.n, us, scx: 9n,sro3 Page 29 of 40
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 employment in the administration of, or in connection with,
any program or activity funded in whole or in part with funds provided by this
Contract. County shall comply with Executive Order 11246, "Equal Employment
Opportunit}~' as amended by Executive Order 11375, "Amending Executive Order
11246 relating to Equal Employment Opportunity" and as supplemented by
regulations at 41 C.F.R. Part 60, "Office of Federal Contract Compliance
Programs, Equal Employment Opportunity, Department of Labor." County shall
ensure that all subcontracts comply with the above referenced provisions.
7.5 Environmental Protection
County shall be in compliance with all applicable standards, orders, or
requirements issued pursuant to the mandates of the Clean Air Act (42 U.S.C.
Section 7401 et seq.) and the Federal Water Pollution Control Act, as amended,
(33 U.S.C. Section 1251 et seq.).
7.6 Certain Disclosures Concerning Lobbying
County shall comply with the provisions of a federal law known generally as the
Lobbying Disclosure Acts of 1989, and the regulations of the United States
Department of Health and Human Services promulgated pursuant to said law, and
shall make all disclosures and certifications as required by law. County must
submit the Certification Regarding Lobbying included with this 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.
7.7 Compliance With Law, Policy and Procedure
County shall perform its obligations hereunder in such a manner that ensures its
compliance with OAG, policy, processes and procedure and all state and federal
laws, rules and regulations. County shall assure, with respect to County's
~, acs, scR: 9nsio3 Page 30 of 40
performances, that the OAG is able to meet the OAG's obligations in carrying out
the program of child support enforcement pursuant to Title IV, Part D, of the
federal Social Security Act of 1935, as amended. County understands and agrees
that from time to time OAG may need to change its policy, processes or
procedures and that such change shall not entitle County to any increased cost
reimbursement under this contract; provided, however, that County may exercise
its right to terminate the Contract in accordance with the Termination Section
below. OAG shall provide County a-mail notice of any change iri OAG policy,
processes or procedures.
7.8 Legislative Appropriations
All obligations of the OAG are subject to the availability of legislative
appropriations and, for federally funded procurements, to the availability of
federal funds applicable to this procurement (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 are contingent upon the existence of a state plan for child support
enforcement approved by the United States Department of Health and Human
Services providing for the statewide program of child support enforcement,
pursuant to the Social Security Act, and on the availability of Federal Financial
Participation for the activities described herein. In the event that such approval of
the state plan or the availability of Federal Financial Participation should lapse or
otherwise terminate, the OAG shall promptly notify county of such fact in writing.
Upon such occurrence the OAG shall discontinue payment hereunder.
7.9 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.
~, Lcs, scR: 9nsio3 Page 31 of 40
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) calendar days
following the effective date of such termination to ensure that there will be no
interruption of services to families.
7.10 News Releases or Pronouncements
News releases, advertisements, publications, declazations, 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.
7.11 Date Standazd
Four-digit yeaz elements will be used for the purposes of electronic data
interchange in any recorded form. The year shall encompass a two digit century
that precedes, and is contiguous with, a two digit 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 ofdates and times."
7.12 Changes in the Law
Any alterations, additions or deletions to the terms of this Contract which aze
required by changes in federal or state law are automatically incorporated into this
Contract without written amendment to this Contract and shall be effective on the
date designated by said federal or state law.
7.13 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.
7.14 Headings
The headings for each section of this Contract aze stated for convenience only and
aze not to be construed as limiting.
rn, L,cs, scx: 9nsio3 Page 32 of 40
7.15 Dispute Resolution Process for County Breach of Contract Claim
7.15.1 The dispute resolution process provided for in Chapter 2260 of the
Government Code shall be used, as further described herein, by the OAG
and County to attempt to resolve any claim for breach of contract made by
County.
7.15.2 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 Government Code.
To initiate 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
of Chapter 2260, subchapter B, are being invoked. A copy of the notice
shall also be given to all other representatives of the OAG and the County
otherwise entitled to notice under this contract. Compliance by the County
with subchapter B is a condition precedent to the filing of a contested case
proceeding under Chapter 2260, subchapter C, of the Government Code.
7.15.3 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.
7.15.4 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.
7.15.5 The submission, processing and resolution of the County's claim is
governed by the published rules adopted by the OAG pursuant to Chapter
2260, as currently effective, hereafter enacted or subsequently amended.
7.15.6 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.
rte, i.:cs, scR 9ns~os Page 33 of 40
7.16 Security and Confidentiality
7.16.1 Security and Confidentiality
General
County shall comply with all applicable statutory and regulatory
provisions requiring that information be safeguarded and kept confidential.
These statutes and regulatory provisions include but are not limited to 42
U.S.C. §§ 653 and 654; 45 CFR §§ 307.10, 307.11 and 307.13; 26 U.S.C.
6103 (IRC 6103); IRS Publication 1075 (Rev. 6-2000) and §231.108 of
the Texas Family Code, each as currently written or as may be amended,
revised or enacted. County shall also comply with OAG policy and
procedures concerning the safeguarding and confidentiality of information,
and computer security. OAG, in its sole discretion and without
consulting County, may immediately terminate any County
employee's or contractor's access to the OAG computer system.
County shall immediately notify OAG when any person authorized by
County to access the OAG computer system is no longer authorized to
have such access including, but not limited to, reassignment, or
termination. Should County, its officials or one of its employees or
contractors make any unauthorized inspection(s) or disclosure(s) of Title
N-D information, or violate OAG policy or procedure concerning the
safeguarding and confidentiality of information, and/or computer security
(including, but not limited to, the safeguarding and use of passwords) this
Contract may be immediately terminated by the OAG. The County shall
immediately notify the OAG Contract Manager upon the discovery of any
breach of physical, information or computer security, including, but not
limited to, unauthorized access to information or computer systems and
unauthorized use of passwords. The County shall provide a written report
of all information available to the County relating to the security breach to
the OAG Contract Manager within twenty-four (24) hours of the
discovery.
County will take care not to disclose information provided by OAG
including particularly to any legislative body (local, state or federal) which
could tend to identify such applicants or recipients of financial or other
assistance or support enforcement services pursuant to the Federal Social
Security Act of 1935, as amended. No electronic list or mailing list of
recipients of services shall be created, distributed, or used. Payment
history infornation may not be disclosed or provided to anyone other than
the court, the guardian ad litem for the child, the custodial and non-
custodial parent and their attorneys, or a person authorized by the custodial
r_n, ccs, scx: 9r~sros Page 34 of 40
or non-custodial parent to have the payment history information. Payment
history information maybe disclosed andlor provided to a District or
County attorney for purposes of pursuing prosecution for criminal non-
support of a child. The payment history screen and any other screen that
contains Internal Revenue Service information (FTI) shall only be printed
in order to provide payment history information to the court, the guardian
ad litem for the child, the custodial and non-custodial parent and their
attorneys, a person authorized by the custodial or non-custodial parent to
have the payment history information, and a District or County attorney
for purposes of pursuing prosecution for criminal non-support of a child.
County stipulates that all non N-D and/or N-D information is
confidential and County agrees that it shall use and/or release non N-D
and/or N-D case information under the circumstances limited to this
Contract.
7.16.2 IRS Information
County shall have limited access to certain information that is from the
Internal Revenue Service. Under the Internal Revenue Code, this
information is considered Federal tax return information, for which
unauthorized access or disclosure carries civil and criminal penalties, more
specifically described later in this Contract and the attachments hereto.
Therefore in performance of this Contract, County agrees to comply and
assume responsibility for compliance by its officials, employees, and
subcontractors with the following requirements:
7.16.2.1 All work shall be performed under the supervision of County
officials or County's responsible employees.
7.16.2.2 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 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.
~, Lcs, scR: vns~o3 Page 35 of 40
7.16.2.3 Should a person (County or subcontractor) or one of his/her
officials/officers or employees make any unauthorized
inspection(s) or disclosure(s) of confidential tax information, this
Contract maybe immediately terminated by the OAG.
7.16.2.4 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 a purpose or to an extent
unauthorized herein constitutes a felony punishable upon
conviction by a fine of as much as $5,000 or imprisonment for as
long as five years, or both, together with the costs of prosecution.
Such person shall also notify each such official or employee that
any such unauthorized future disclosure of returns or return
information may also result in an award of civil damages against
the official or employee in an amount not less than $1,000 with
respect to each instance 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 of the action.
These penalties are prescribed by IRC Sections 7213 and 7431
and set forth at 26 CFR §301.6103(n).
7.16.2.5 Each oi~cial 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 year, 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
i.n, acs, scx: 9nsro3 Page 36 of 40
damages, plus the costs of the action. The penalties are
prescribed by IRC Sections 7213A and 7431.
7.16.2.6 Additionally, it is incumbent upon County to inform its officers
subcontractors and employees of the penalties for improper
disclosure imposed by the Privacy Act of 1974, 5 U.S.C. §552a.
Specifically, 5 U.S.C. §552a(i)(1), which is made applicable to
contractors by 5 U.S.C. §552(m)(1), provides that any officer or
employee of a contractor, who by virtue of his/her employment
or official position, has possession of or access to agency records
which contain individually identifiable information ,the
disclosure of which is prohibited by the Privacy Act or
regulations established thereunder, and who knowing that
disclosure of the specific material is so prohibited, willfully
discloses the material in any manner to any person or agency not
entitled to receive it, shall be guilty of a misdemeanor and fined
not more than $5,000.
7.16.2.7 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 County and its subcontractors 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 County or its
subcontractors are found to be noncompliant with security
information safeguards.
7.16.3 Limited Use Or Release Of Information
Information provided by the OAG to 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 IV-D case information to anyone other than an official or employee
of County or the OAG, other than for the purposes of carrying out, and in
accordance with, the provisions of this Contract, shall require prior written
approval of the OAG and, where appropriate, the IRS.
7.16.4 Protection Of Information
7.16.4.1 Inforration 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
rn, ics, scR: 9nsio3 Page 37 of 40
various types, restricted areas, locked rooms, locked buildings,
identification systems and control measures, guards, or other
devices reasonably expected to prevent loss or unauthorized
removal of manually held data. County shall also protect against
unauthorized use of passwords, access logs, and badges.
7.16.4.2 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 FTI. All FTI
shall be locked up when.not in use. Tape reels, disks or other
magnetic media shall be labeled as FTI data when they contain
such information. Such labeled magnetic media shall be kept in
a secured area under the immediate protection and control of an
authorized employee or locked up. When not in use, they shall
be promptly returned to a proper storage area/container.
7.16.5 Security Agreements And Training
7.16.5.1 County shall ensure that all persons having access to information
obtained from STRADUS and/or TXCSES are 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.
7.16.5.2 County agrees that it will annually provide its employees, and
when applicable its subcontractors, with such security statements
or revised security statements and forms as deemed appropriate
by the OAG. 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/or TXCSES after 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 County has given the signed
original Statement of Responsibility form to OAG IR Division.
~, ics, scR: vnsio3 Page 38 of 40
7.16.5.3 County agrees that it will annually provide its employees, and
when applicable its subcontractors, with the IRS notification
form and return said form with original signatures to OAG IR
Division. The current version of the form is provided at
Attachment C. Should the form be revised the OAG shall
provide 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 accessing STRADUS and/or
TXCSES. Additionally County agrees to post promptly in all
work areas the IRS notice contained in Attachment D.
7.16.6 Survival Of Provision
The obligations of County under this Security and Confidentiality
provision shall survive this Contract.
7.16.7 Inclusion in all Subcontracts
The requirements of this Security and Confidentiality provision shall be
included in all subcontracts.
7.17 Survival of Terms
Termination of this Contract for any reason shall not release the parties from any
liability or obligation set forth in this Contract that is expressly stated to survive
any such termination or by its nature would be intended to be applicable following
any such termination
7.18 Applicable Law and Venue
County agrees that this Contract in all respects shall be governed by and construed
in accordance with the laws of the State of Texas, except for its provisions
regarding conflicts of laws. County also agrees that the exclusive venue and
jurisdiction of any legal action or suit brought by County concerning this Contract
is, and that any such legal action or suit shall be brought, in a court of competent
jurisdiction in Travis County, Texas. OAG agrees that any legal action or suit
brought by OAG concerning this Contract shall be brought in a court of competent
jurisdiction in Kerr County. All payments under this Contract shall be due and
payable in Travis County, Texas.
r.,n, ics, SCR: 9/25/03 Page 39 of 40
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 are contained herein
7.20 Attachments
7.20.1 Attachment A: OAG Information Security Policy Manual
7.20.2 Attachment B: OAG Statement of Responsibility
7.20.3 Attachment C: IRS Notification Form
7.20.4 Attachment D: IRS Notice
7.20.5 Attachment E: Certification Regarding Lobbying
THIS CONTRACT IS HEREBY ACCEPTED
Office of the Attorney General Kerr County

L.n, tcs, SCR: 9/25/03 Page 40 of 40
Deputy Attorney General for Child Support County Judge, Kerr County
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June, 1999
1.0 Policy : .............................................................5
1.1 Program Policy : ......................................................5
1.2 Scope of Policy : ................................... ....... 5
.;,. ...
1.3 Issue-Specific Policy : ............................................. S
1.3.1	Use of OAG Information Resources ............................	5
1.3.2	Classification of Information (Data Assets . ..:...................	5
1.3.3	Information Asset Protection .................................	5
1.3.4	Access to OAG Information Assets ............................	6
1.3.5	Data Integrity : ...........................................:	6
1.3.6	E-Mail :..................................................	6
1.3.7	Co t : .......................	6
	........................	
1.3.8	Personal Hardware and Software ..............................	6
1.3.9	Shareware and Freeware : ....................................	6
1.3.10	Asset Protection : ..........................................	7
1.3.11	VoicelPhone Mail : .........................................	7
1.3.12	Data Encryption and Kew ement~ .........................	7
1.3.13	Security Awareness : ...................	7
1.3.14	.................... ,
Risk Analysis and Risk Management ...........................	8
1.3.15	Contin envy Planning : ......................................	8
1.3.16	Termination and Transfers :...................................	8
1.3.17	Bulletin Board Access : ......................................	8
1.3.18	Internet Policy :........... . . . . . ............................	8
1.3.19	Passwords : ...............................................	9
1.3.20	Securi Breaches : .........................................	9
1.3.21	Data Communications Systems : ...............................	9
1.3.22	Dial-Up Access : ...........................................	9
1.3.23	User Identificaxion : .........................................	9
1.3.24	Warning Statements : ......................................	10
1.3.25	System Development and Testing_~ .............................	10
1.3.26	Statement of Responsibility : .................................	10
1.3.27	Automatic Suspension /Deletion of User ID's' ...................	10
1.3.28	Physical Security : .........................................	10
1.3.29	Positions of Special Trust : ..................................	10
June, 1999 3
0. Executive Summary .................................................... 4
i
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) Locai Area Networks (LAN) and one of the largest Wide Area
Networks (WAN) in the State of Texas. Our network is now tied to the Internet, and other State and
federal agencies as required.
Information Asset Protection and Disclosure
As technology becomes more prolific, the chance of OAG information assets becoming destroyed,
modified or disclosed, either intentionally or inadvertently, becomes more prevalent. The Texas
Administrative Code 1 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 ~
1.1 Program Policy:
Information and information resources residing in the Office of the Attorney General (OAG)
are strategic and vital assets belonging to the people of Texas. These assets require a degree
of protection commensurate with their value. Measures will be taken to protect these assets
against accidental or unauthorized disclosure, modification or destructi,Qn, as well as to
assure the security, reliability, integrity and availability of information.
1.2 Scope of Policy:
This policy applies to all information resources that are used by or for the OAG. It
applies to information processing systems throughout their life cycle. This policy also
applies to all users (manager, employees, contractors, etc.) of OAG information assets.
1.3 Issue-Specific Policy:
The following are the policies that cover specific issues as they relate to the security of
information within the OAG.
1.3.1 Use of OAG Information Resources:
State information resources will be used only for official State purposes. Compliance
with this policy will be monitored via periodic maintenance, scheduled and random
audits. The individual user of OAG information resources shall have no expectation
' of privacy for information contained within or processed by an OAG information
resource.
1.3.2 Classification of Information (Data) Asets__
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 Co t:
OAG information assets shall not be used to produce illegal copies of copyrighted
information. Illegal copies of software shall not be loaded or executed on OAG
information systems. Regular audits will be conducted to seazch for unauthorized
software installed on machines.
1.3.8 Personal Hardware and Software:
No personal programs of any kind aze to be loaded onto any State computer.
Hardware provided by the user may not be used at the OAG or connected to the
OAG's networks.
1.3.9 Shareware and Freeware:
Shareware and freeware will not be loaded or otherwise used on OAG systems unless
specifically approved by the Information Resource Manager.
June, 1999 6
1.3.10 Asset Protection:
Managing information security within the OAG requires commitment and support
on the part of executive, technical and program management. The protection of
information assets is a management responsibility. All managers should be
involved in the security awareness program and should actively promote security
awareness among their staff and enforce OAG policies and procedures.
1.3.11 VoicelPhone Mail:
Voice or phone mail is a form of communication which uses information assets.
However, employees may use the voice mail system for communicating with
other OAG employees and personal business provided such communication does
not disrupt or interfere with official State business, is kept to a minimum duration
and frequency, and is not political in nature.
1.3.12 Data Encryption and Key Mana ement:
It is not a requirement at this tune 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 46-2). Any use of encryption by OAG staff must be
approved in advance by their Division Director. For systems employing encryption
as described, procedures shall be prescribed for secure handling, distribution, storage
and construction of DES key variables used for encryption and decryption_
Protection o_ f the key shall be at least as stringent as the protection required for the
information encrypted with the key. Copies of the FII'S PUB 46-2 are available from
the Information Security Officer (ISO).
1.3.13 Security Awareness:
The OAG will provide an ongoing awareness and training program in information
security and in the protection of State information resources for all personnel whose
duties bring them into contact with confidential or sensitive data. New employee
orientation will be used to establish security awareness and inform new employees
and contractors information security policies and procedures. Information security
programs must be responsive and adaptable to changing vulnerabilities and
technologies affecting State information resources.
June, 1999 7
1.3.14 Risk Analysis and Risk Management:
Risks to information resources must be managed. The OAG 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.
1.3.15 Contingency Planning_ ..
All information resources determined by agency management to be essential to the
agency's critical mission and functions, shall have a written and cost-effective
contingency plan. The contingency plan shall be tested and updated annually to
assure that it is valid and current. Backups of data and software will be maintained
to mitigate the impact of such a disaster. A disaster declazation will be issued by the
Attorney General in the event that a disaster destroys or makes inoperable a
significant portion of the processing capability of the OAG. This declaration will
authorize the Information Resource Manager to make timely decisions in the
recovery of the information assets.
1.3.16 Termination and Transfers:
Computer user identifications (User ID's) for employees that have terminated
employment with the OAG must be removed from the computer system immediately
following termination notification. If the agency is terminating the employee, the ID
should be removed prior to or at the same time of the employee being notified of the
termination For employees transferring to another position and/or section within the
OAG, the user ID should also be removed immediately.
1.3.17 Bulletin Boazd Access:
Users of OAG information assets are authorized to access electronic bulletin boards
in performance of their duties, but they remain responsible for ensuring that all
security precautions and policies are followed. Policies 1.3.6 & 1.3.7 on personal
software and freewaze and shareware still apply to anything that is downloaded from
bulletin boards (including Texas State bulletin boards).
1.3.18 Internet Policy:
The OAG has provided 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.
June, 1999 8
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.
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 (PIPS PUB 1.12), 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. If criminal action is suspected, the agency must
contact the appropriate local law enforcement and investigative authorities
immediately.
1.3.21 Data Communications Systems:
Network resources (LAN-WAN-Mainframe) that access confidential or sensitive
information will assume the security level of that information for the duration of the
session. All network components under State control must be identified and
restricted to their intended use.
1.3.22 Dial-up Access:
For services other than those authorized for the public, authorized users of dial-up
access shall be positively and uniquely identifiable and their identity authenticated
to the systems being accessed.
1.3.23 User Identification:
Except for public users of systems where such access is authorized, or for
situations where risk analysis demonstrates no need for individual accountability of
users, each user of a multiple-user automated system shall be assigned a unique
personal identifier or user identification.
June, 1999
9
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:
(i) unauthorized use is prohibited;
(ii} usage may be subject to security testing and monitoring; and
(iii) abuse is subject to criminal prosecution.
1.3.25 System Development and Testing_
Security needs must be considered and addressed in all phases of
development or acquisition of new information processing systems. Test
functions shall be kept either physically or logically separate from production
functions.
1.3.26 Statement of Responsibility:
All OAG personnel shall be required to provide written acknowledgment
that they have received, read and understand the Information Security Policy
Manual.
1.3.27 Automatic Suspension /Deletion of User ID's:
Mainframe, LAN and Remote Access ID's will be monitored for usage. Unused
ID's pose a security threat and will be subject to suspension after 30 days and
deletion after 60 days, without notice to the user.
1.3.28 Physical Security:
Management reviews of physical security measures will be conducted annually, and
when significant modifications are made to the facilities or security procedures.
Physical access to mainframe computer and file server rooms will be restricted to
authorized personnel. Authorized visitors will be required to record their visits via
a sign-in /sign-out log.
June, 1999 10
1.3.29 Positions of Special Trust:
The OAG will establish procedures for reviewing information resource
functions to determine which positions require special trust or responsibilities.
June, 1999
11
Attachment B
TaCSDU STRADUS WEB-AUTOMATED COMPUTER SYSTEM ACCESS
STATEMENT OF RESPONSIBII,TTY
Name Agency, County or Company Employed By
Position
Work Location (City) Work Location (County) -
General Information: All information maintained in the files and records of the Child Su port Division are
privileged and confidential. The unauthorized use or release of the infornation can resul~m criminal prosecution
and civil liability. Only authorized personnel may add, modify and/or delete information.
Statements: I understand that the information concerningg any perso customer or client that may come to my
knowledge while using the computer system of the TxCSDU or TX~ES or any other OAG computer shall be held
in strictest confidence and ma not be disclosed ex t as used exclusively for purposes directly connected with the
TxCSDU IV-D grogram and the OAG Confidentiality Policy and Procedures.
Notwithstanding the above, I understand that I may not disclose to arty individual or agency any,federal tax return or
return information. I further understand that it is unlawful to offer or receive anything of value in exchange for
federal tax return or return information. Such unauthorized disclosure or excha~e >s punishable fine,up to
SS,000, or unprisonment ~ to S yyears, or both, under Internal Revenue Code 72 3 and 7213 A federal
tax information without a need to know" is a ederal misdemeanor punishable not more than one yeaz.
risonnunt, or a S 1000 fine or both, lus costs of rosecution. under 7213 A,~nternal Revenue Code. I also
un ad that 1 may be civilly liable ~r damag o~ not less than S 1000 per violation, together with costs of
prosecution under Section 7431 of the Internal Revenue Code.
I also understand that I may not release information to any committee or legislative body (federal, state or local)
that identifies by name or address any such applicant or recipcent of services. Use of such information ~y a lo, cat
government or component thereof for any other purpose, including but not limited to, collecting a fee is prohibited.
I understand that I may not dorm a~ work, review, update or otherwise act to obtain information upon myy ~own,
or any relative's, friend's, or~usiness associate's child su~poR case, regardless if the case is o n or closed. My
failure to comply with the OAG Confidentialityty Policy v~riIl result in immediate termination o~m computer access.
I also understand that a violation will be reported to mysupervisor or other aappppropriate personnel in my agency for
disciplinarq adioq which may include termination and/or referral for pi+osetxr~on .
~ ~ tia,~as~q if applicable, I understand that the computer password(s~I receive or devise is confiden~tia~l~and must
it to be viewed ~ ~ ~ I un~ersh~a d the attIiam rez~, pon~si'blme~fo~otyompi~rtere~transac~~i'onsor~m(e)d through
of my password~sj.
I agree I will not load unauthorized software, personal computer programs shareware or freewaze of any kind onto
the OAG computer equipment without the express written approval of the bAG Contract Manager or the Contract
Mannger designee. I understand that use of a password not issued or devised specifically for me is expressly
prohi-6ited andis a violation of state and federal law.
I also understand that failure to observe the shave conditions constihrte a "breach of eomptrter security" as ,
defined in the'TEXAS PENAL. CODE, CIiAPTER 33, Section 3y3.02 (b), and that such an o$"ense may be classified
as a felony. Similaz federal statutes may also be applicable.
I certify that I understand that any ce ghted material, includingg but not limited to commercial computer software,
which maybe made available to me fomuse by the OAG is rotecfed by copyright laws and is not to be copied for
any reason without wntten permission from tie owner of the copyright an the OAG.
By signing this statement I certify that I:
^ agree to abide by all written conditions ~im sect by the OAG regazding information security;
^ understand my nsibilities as descn-bed above;
^ have received read and understand the OAG security information policbq, manual and
^ if applicable, have read all applicable software licenses and agree to a ide by alb restrictions.
SIGNATURE: , DATE: ~ / ' /D" D 3
c
Form 08-010-B
~o~ DU/county to TXCSES

ATTORNEY GENERAL OF TEXAS
GR6GABBOTT
CHILD SUPPORT D I V I S I O N
Attachment C
IRS INFORMATION 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 lalowing 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 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 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 imprisonmen up to 1 year, or both,
together with t11e 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 Iaiowing 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 aclaiawledge that I am aware of the above civil and criminal liabilities.
~~ ~~
Printed name
_ 1l -/D-p3
Signature Date

ATTORNEY GENERAL OF TEXAS
GR6GABBOTT
CHILD SUPPORT D I V I S I O N
Attachment D
WARNING
DLSCLOSURE LIlVIITATIONS
It is unlawful for any person willfully to disclose, print, or publish, ezcept 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 any item of material value in ezchange
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, ezcept 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 SEC'URTTY ACT OF 1935 AS ADMINISTERED BY THE OFFICE OF THE
ATTORNEY GENERAL OF TEXAS "~
PERIOD: September 1, 2003 to August 31, 2005
Certification for Contracts. Grants, Loans and Cooperative Agreements
The undersigned certifies, to the best of his or her knowledge and belief; that:
(1) No Federal appropriated funds have been paid or will be paid by or on behalf of the undersigned, to
any person for influencing or attempting to influence an officer or employee of any agency, a
Member of Congress, an office or employee of Congress, or an employee of a Member of congress
in connection with the awarding of any Federal contract, the making of any Federal grant, the making
of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation,
renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement.
(2) If any funds other than Federal appropriated funds haven been paid or will be paid to any person for
influencing or attempting to influence an office or employee of any agency, a Member of congress,
an officer or employee of Congress, or an employee of Member of Congress in connection with this
Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit
standard Form LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions.
(3) The undersigned shall require that the language of this certification be included in the award
documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under
grants, loans, and cooperative agreements) and that all subrecipients shall certii~y and disclose
accordingly.
This certification is a material representation of fact upon which reliance was placed. when this transaction
was made or entered into. Submission of this certification is a prerequisite for making or entering into this
transaction imposed by Section 1352, Title 31, U.S. Code. Any person who fails to file the required
certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each
such failure.
1l"~~"~3
Signature to
~P,e~~--
AgencyJOrganization
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