IJRDEH NU. `l`~ l5 AF'k'ROV~ CUN~I~F2AG~f WI.~.N ALAMU ARtA C:UUNCIL OF GUVERNMENTB Un this the lath day of h~ebr~_iary, c~~,:3, ~_~pon motion made by Commissioner Naldwin, seconded try C:ammissioner Williams, the Lo~_~r,t unanimously approved by a vote of 4-~-0, the Contract between N:err co~_inty and Alamo Area Caunci 1 of Governments r'egar'ding fleyional ,:t~_ivenile Alternative Incentive L~lock Grant in the amo~_~nt ofi ~4,'~~6.5~ with a match of ~C~1'.4~, and author~i~e County J~_~dge to sign same. ~~~7.s COMMISSIONERS' COURT AGENDA REQUEST PLEASE FURNISH ONE ORIGINAL AND NINE COPIES OF THIS REQUEST AND DOCUMENTS TO BE REVIEWED BY THE COURT. MADE BY: Kevin Stanton OFFICE: MEETING DATE: 0 2/ 10 / 2 0 0 3 Juvenile Probation Department TIME PREFERRED: 9:30 a.m. SUBJECT: (PLEASE BE SPECIFIC) Discussion and approval of contract between Kerr County and Alamo Area Council of Governments regarding Regional Juvenile Alternative Incentive Block Grant in the amount of $4,966.50 with a match of $607.40. EXECUTIVE SESSION REQUESTED: (PLEASE STATE REASON) NAME OF PERSON ADDRESSING THE COURT: ESTIMATED LENGTH OF PRESENTATION: IF PERSONNEL MATTER -NAME OF EMPLOYEE: five minutes Time for submitting this request for Court to assure that the matter is posted in accordance with Title 5, Chapter 551 and 552, Government Code, is as follows: Meeting scheduled for Mondays: THIS REQUEST RECEIVED BY: THIS REQUEST RECEIVED ON: 5:00 P.M. previous Tuesday. All Agenda Requests will be screened by the County Judge's Office to determine if adequate information has been prepared for the Court's formal consideration and action at time of Court Meetings. Your cooperation will be appreciated and contribute towards you request being addressed at the earliest opportunity. See Agenda Request Rules Adopted by Commissioners' Court. Kevin Stanton 01 / 21 / 2003 14:09 2108245881 t~~COG LAW ~1C~aDEMY Pt;GE ~i"' ~ _ AA~t~Cs Alamo Area Council 1s, 2ooz ~f Governments The onorable Pat Tinley Kerr ounty Judge Kerr ounty Courthouse 700 sin Kerrv le, TX 78028 Dear Mudge Tinley: FILE COPY Re: Contract for Juvenile Alternative Incentive Block Grant funds Enclo ed are two originals of a contract for funding services to be provided by' the err County Juvenile Probation Office with funding from the AACOG Regi nal Juvenile Alternative incentive Block Grant program. This ontract has been reviewed with Mr. Kevin Stanton, who has selected the Purp se Areas and services most needed by her department. This contract carne wish it an obligation of 10°o match. The period of the contract is from Augu t 1, 2002 to July 31, 2003. Any eligible expenses incurred during this time can b invoiced for reimbursement. ' __ Ther are two major changes in this contract. The first calls for monthly billing for reimb rsement of services provided. The invoices for reimbursement must be subm tted by the 15"' day of each month along with a report of the services provi ed and the persons served. The second change is the review of expe ditures on a monthly basis with the option to de-obligate funding from those counties who are not expending their funding on a timely basis. Pleas execute both originals and return them to me at 8700 Tesoro, Suite 700, San ntonia, Texas, 78217. One fully executed original will be returned for ydur Than you for participating in this regions! effort to impact juveniie~ crime reduc ion. Sincetely, Y~. ~ Auror M. Gonzalez Crimi al Justice Director cc: Kerr County Treasurer, 700 Main, Room 116, Kerrville, Texas 78028 8100 Tesoro, Suite 700 • Ser~ Antonio, Texas w 78217 a (210) 3b2-5200 a Fax: (210} 225-5937 • Web she: www.aacog.dactx.us ~ E-mall: mall ~sacog.dsLtx.us ~ STATE OF TEXAS § § PROJECT MANAGEMENT COUNTY OF BEXAR § AGREEMENT This Agreement (the "Agreement") is entered into this day of A.D., 2002 between the ALAMO AREA COUNCIL OF GOVERMENTS ("AACOG"),apolitical subdivision of the State of Texas, and the following ten counties: Atascosa, Bandera, Comal, Frio, Guadalupe, Karnes, Kendall, Kerr, Medina, and Wilson ("COUNTIES"), political subdivisions of the State of Texas, for participation in AACOG's Juvenile Accountability Incentive Block Grant (JAIBG) Program . RECITALS WHEREAS, AACOG has received JAIBG funds from the Criminal Justice Division to fund services that are eligible under the twelve purpose areas authorized by the Juvenile Accountability Block Grant program (JAIBG) see Attachment A; and WHEREAS, the COUNTIES have requested assistance from AACOG for the establishment of programs that will hold juvenile offenders accountable for their actions, provide services and treatment programs that will remediate behavioral and mental health problems and support family integration programs; and WHEREAS, AACOG believes it to be in the best public interest and benefit to provide such assistance; and WHEREAS, the requests from COUNTIES are intended to fund eligible JAIBG activities in their respective counties; NOW, THEREFORE, the parties agree as follows: ARTICLE I PURPOSE 1.1 The purpose of this Agreement is to provide JAIBG program funds for the eligible activities as defined in by the twelve purpose areas below for the period beginning August 1, 2002 and ending July 31, 2003: Purpose Area 1 Building, expanding, renovating, or operating temporary or permanent juvenile correction or detention facilities includes training of correctional personnel. Purpose Area 2 Developing and administering accountability-based sanctions for juvenile offenders. (30%)$14,899.50 (Corral 100% $4,966.50), (Guadalupe 100% $4,966.50), (Kendall 100% 4,966.50) Purpose Area 3 Hiring additional juvenile judges, probation officers, and court-appointed attorneys, and funding pre- trial services for juveniles, to ensure the smooth expeditious administration of the juvenile justice system. (5%) $2,483.25 (Medina 50%) Purpose Area 4 Hiring additional prosecutors, so that more cases involving violent juvenile offenders can be prosecuted and backlogs reduced. (10%) $4,966.50 (Frio 100%) Purpose Area 5 Providing funding to enable prosecutors to address drug, gang, and youth violence problems more effectively. Purpose Area 6 Providing funding for technology, equipment, and training to assist prosecutors in identifying and expediting the prosecution of violent juvenile offenders. (5%) $2,483.25 (Medina 50%) Purpose Area 7 Provide funding to enable juvenile courts and juvenile probation officers to be more effective and efficient in holding juvenile offenders accountable and reducing recidivism. (42%) $20,859.30 (Atascosa 100% $4,966.50), (Bandera 100% $4,966.50), (Karnes 60% $2,979.90), (Kerr 100% $4,966.50), (Wilson 60% $2,979.90). Purpose Area 8 The establishment of court-based juvenile justice programs that target young firearms offenders through the establishment of juvenile gun courts for the adjudication and prosecution of juvenile firearms offenders. Purpose Area 9 The establishment of drug court programs for juveniles to provide continuing judicial supervision over juvenile offenders with substance abuse problems and to provide the integrated administration of other sanctions and services Purpose Area 10 Establishing and maintaining interagency information-sharing programs that enable the juvenile and criminal justice system, schools, and social services agencies to make more informed decisions regarding the early identification, control, supervision, and treatment of juveniles who repeatedly conunit serious delinquent or criminal acts Purpose Area 11 Establishing and maintaining accountability-based programs that work with juvenile offenders who are referred by law enforcement agencies, or that are designed, in cooperation with law enforcement officials, to protect students and school personnel from drug, gang, and youth violence Purpose Area I2 Implementing a policy of controlled substance testing for appropriate categories of juvenile within the justice system (8%) $3973.20 (Karnes 40% $1,986.60), (Wilson 40% 1,986.60) ARTICLE II GRANT AWARD 2.1 AACOG awards each participating county a grant from AACOG's Year 2002 JAIBG Program in the amount of Four Thousand nine hundred sixty-six dollars and fifty cents ($4,966.50). Each participating county must provide six hundred and seven dollars and forty cents ($607.40) in eligible matching funds. The funds will be used as follows: Atascosa County -Purpose area 7; Bandera County -Purpose area 7; Comal County -Purpose area 2; Frio County -Purpose area 4; Guadalupe County -Purpose area 2; Karnes/Wilson Counties - Purpose areas 7 and 12; Kendall County -Purpose area 2; Kerr County -Purpose area 7; Medina County -Purpose areas 3 and 6. 2.2 Each COUNTIES' grant award may not exceed Four thousand nine hundred sixty- six dollars and fifty cents without express written permission from AACOG. The amount awarded may be less than Four thousand hundred sixty-six dollars and fifty cents if a lesser amount is determined by actual costs incurred by the COUNTIES. 2.3 All reimbursements made to the COUNTIES by AACOG will be made pursuant to CJD Guidelines and Regulations and all other applicable local, state and federal law. No reimbursements will be made for ineligible expenditures. ARTICLE III SERVICES The COUNTIES shall utilize the Juvenile Crime Enforcement Coalition Plan as the project guideline for the services to be provided in the selected Purpose areas. 3.1 The COUNTIES shall prepare and provide AACOG plans to establish and sustain programs that will hold juvenile offenders accountable for their actions. 3.2 The COUNTIES shall provide AACOG plans to provide services and treatment programs that will remediate behavioral and mental health problems. 3.3 The COUNTIES shall create and implement programs that address family needs such as: individual, family and group counseling, recreational programs, youth job programs, and mental health services. 3.4 The COUNTIES shall create and implement early intervention and prevention programs such as: teen pregnancy prevention and intervention programs, gang prevention and intervention programs, truancy and dropout prevention programs, and mental health services. 3.5 The COUNTIES shall create and implement programs that promote a safe environment for the community such as gang prevention and intervention programs. 3.6 The COUNTIES shall provide training for law enforcement, probation and prosecution staff as needed to provide better service to the community. 3.6 The COUNTIES shall create and implement juvenile justice policies and procedures that address the placement of juveniles in residential facilities and substance abuse prevention and intervention programs. 3.7 The COUNTIES shall create and implement special services for juvenile offenders who have mental health problems. 3.8 The COUNTIES shall create and implement information systems that match juveniles with appropriate services ARTICLE IV GRANT REVIEW 4.1 The AACOG Criminal Justice Division is the Administrative Office for AACOG's JAIBG Program and shall be the primary contact regarding this Agreement. 4.2 In the event the COUNTIES utilize subcontractors in performing any obligation required by this Agreement, the AACOG staff shall, prior to execution of all contractual agreements, review and approve the selection process, bidding procedures and all proposed agreements, if any, entered into by the COUNTIES. A written sub-contractual agreement will be required for services as outlined in the purpose areas. 4.3 The AACOG Criminal Justice Division staffwill determine what is eligible for reimbursement as outlined in the purpose area under this Agreement. ARTICLE V PROGRAM INCOME 5.1 For purposes of this Agreement, "Program Income" is not anticipated. ARTICLE VI PROGRAM RECORDS & REQUIREMENTS 6.1 The COUNTIES agree to comply with all federal, state, and local laws and ordinances applicable to AACOG for the work or services under this Agreement. 6,2 The COUNTIES shall maintain all financial records in accordance with Audits of State and Local Governments, OMB Circular A-133, Cost Principals for State and Local Governments, OMB Circular A-87, and Administration Requirements for Grants and Cooperative Agreements to State, Local and Federally Recognized Indian Tribal Governments, 24 CFR Part 85. 6.3 AACOG shall have no obligation to release funds to the COUNTIES until, a representative of AACOG has reviewed the COUNTIES' fiscal and accounting procedures to insure compliance with federal requirements. 6.4 AACOG shall conduct, at a minimum, two monitoring visits to the COUNTIES' project site(s) to determine performance and compliance. with rules and regulations governing the JAIBG Program. The COUNTIES shall maintain books, records and other documents relating directly to the receipt and disbursement of such grant funds. 6.5 The COUNTIES shall allow any duly authorized representative of AACOG and/or the Governor's Office -Criminal Justice Division, at all reasonable times, to have access to and the right to inspect, copy, audit, and examine all such books, records and other documents of closeout procedures respecting this grant, until final settlement and conclusion of all issues arising out of this activity are completed. 6.6 The COUNTIES agree that the expenditure of funds pursuant to this Agreement shall be audited as part of the annual audit performed by the COUNTIES . 6.7 The COUNTIES shall comply with all rules and regulations as described in the JAIBG Program. 6.8 The COUNTIES shall also comply with the Texas Administrative Code. ARTICLE VII TERMINATION AND DEFAULT 7.1 AACOG may, for any reason, terminate the whole or any part of this Agreement after ten (10) days written notice to the COUNTY (IES) against whom termination is being sought. AACOG agrees to pay the COUNTY (IES) for the amount of work completed up to the termination date of this Agreement. 7.2 Upon default or termination of this Agreement, the COUNTY (IES) shall transfer to AACOG all JAIBG funds within three (3) business days. ARTICLE VIII FURTHER REPRESENTATIONS, WARRANTIES AND COVENANTS 8.1 All information, data or reports ever provided or to be provided to AACOG is, shall be, and shall remain complete and accurate as of the date shown on the information, data or report, and that since said date shown, shall not have undergone any significant change without written notice to AACOG. 8.2 Any supporting financial statements provided or to be provided to AACOG are, shall be, and shall remain complete, accurate and fairly reflective of the financial condition of the COUNTIES on the date shown on said statements and during the period covered thereby, and that since said date shown, except as provided by written notice to AACOG, there has been no material change, adverse or otherwise, in the financial condition of COUNTIES. 8.3 No litigation or proceedings are presently pending or threatened against the COUNTIES relating to the Agreement or JAIBG Project. 8.4 None of the provisions contained herein contravene or in any way conflict withtheauthority under which the COUNTIES are doing business or with the provisions of any existing obligation or agreement of the COUNTIES. 8.5 The COUNTIES have the legal authority to enter into this Agreement and accept payments hereunder, and have taken all necessary measures to authorize such execution of contract and acceptance of payments pursuant to the terms and conditions hereof. 8.6 During the period of time that payment may be made hereunder and so long as a payment pursuant to this Agreement is due and payable, but which has not yet been paid, the COUNTY (IES) covenant that it shall not, without the prior written consent of AACOG: Sell, convey, mortgage, pledge, or otherwise encumber or cause to be encumbered any ofthe assets of the COUNTIES now owned or hereafter acquired by it through the use of JAIBG funds, or permit any pre-existing mortgages, liens, or other encumbrances to remain on or attached to any of the assets of the COUNTIES which are allocated to the performance of this Agreement and with respect to which AACOG has ownership hereunder; or Sell, assign, pledge, transfer or otherwise dispose of JAIBG account receivables, notes or claims for money due or to become due. 8.7 Each of the foregoing representations, warranties and covenants shall be continuing and deemed repeated each time the COUNTY(IES) submit a new request for payment in accordance with the terms, provisions and requirements of this Agreement. ARTICLE IX PERFORMANCE REPORTS. REIMBURSEMENTS AND REDISTRIBUTION OF FUNDS 9.1 AACOG requires the COUNTIES to furnish a monthly performance report no later than the tenth working day of each month regarding services covered by this Agreement. Each participating COUNTY is also required to submit a Local Outcome Evaluation report no later than fifteen (15} calendar days prior to the expiration of the grant period. 9.2 Requests for reimbursement shall be submitted no later than the tenth working day of each month during the grant period by using the attached Invoice format. Each request for reimbursement must have appropriate supporting documentation. Requests for reimbursement of personnel costs must include time sheets for the appropriate personnel e.g. prosecutors, juvenile judges, court-appointed defense attorneys, and juvenile probation officers. Request for reimbursements for equipment purchases, technology upgrades, training costs, documentation of court costs, mental health services, residential treatment services, psychiatric or psychological evaluations must include a receipt or invoice . Request for reimbursements for mental health services, residential treatment services, psychiatric or psychological evaluations must include the date on which the services were rendered and an identifier of the juvenile served. 9.3 Upon receipt of an acceptable request for reimbursement, AACOG shall have thirty (30) calendar days to process the request for reimbursement. 9.4 AACOG reserves the right to review on a quarterly basis the expenditure of funds by each participating county and may redistribute JAIBG funding based on the use of funds by each COUNTY. ARTICLE X. INDEMNIFICATION 10.1 Excluding willful acts or omissions on the part of AACOG, its employees, agents, officers or contractors, the COUNTIES covenant and agree to indemnify and save harmless AACOG, its employees, agents, officers, or contractors, from and against any and all liability claims, demands, damages, expenses, fees, fines, penalties, suits, proceedings, actions, and causes of action of any and every kind and nature arising or growing out of or in any way connected with this Agreement, including AACOG's own negligence. This obligation to indemnify shall include the retention of legal counsel and investigation costs and all other reasonable costs, expenses, and liabilities arising from the initial notice that a claim or demand has been made, is to be made, or maybe made. 10.2 The COUNTIES shall be deemed to be independent contractors and operators responsible to all third parties for its respective acts or omissions and that AACOG shall in no way be responsible therefor. 10.3 The COUNTIES shall include an indemnification clause in any and all contracts, subcontracts or agreements which may arise out of this Agreement: Contractor/Subcontractor shall indemnify and hold harmless AACOG from any and all damages, losses, or liabilities of any kind, whatsoever, by reason of injury to third persons occasioned by any negligent act, error or omission of the Contractor/Subcontractor, its officers, agents, employees, or other persons for whom the Contractor/Subcontractor is legally liable, in rendering or failing to render services with regard to the performance of the contract. 10.4 AACOG is in no way a guarantor or warrantor of this JAIBG Project and all claims, actions or causes of action arising from the Project are the responsibility of the COUNTIES. ARTICLE VIII POLITICAL ACTIVITY 11.1 None of the performance rendered hereunder shall involve, and no portion of the funds received hereunder shall be used, either directly or indirectly, for any political activity including, but not limited to, an activity to further the election or defeat of any candidate for public office or for any activity undertaken to influence the passage, defeat or final content of local, state or federal legislation. ARTICLE VIIII SECTARIAN ACTIVITY 12.1 None of the performance rendered hereunder shall involve, and no portion of the funds received hereunder shall be used, either directly or indirectly, for the construction, operations, maintenance or administration of any sectarian or religious facility or activity, nor shall said performance rendered or funds received be utilized so as to benefit, directly or indirectly, any such sectarian or religious facility or activity. ARTICLE IX PUBLICITY 13.1 When appropriate, as determined by and upon written approval of AACOG, the COUNTIES shall publicize the activities conducted by the COUNTIES pursuant to the terms of this Agreement. In any news release, sign, brochure, or other advertising medium disseminating information prepared or distributed by or for the COUNTIES, however, mention shall be made of CTD funding and AACOG participation having made this Project possible. ARTICLE X PUBLICATIONS 14.1 All published materials and written reports submitted pursuant to this Agreement shall be originally developed unless otherwise specifically provided for herein. If material not originally developed is included in a report, however, said material shall have its source identified, either in the body of the report or by footnote, regardless of whether the material is in a verbatim or extensive paraphrase format. 14.2 All published materials submitted pursuant to this Project shall include the following reference on the front cover or title page: "This document was prepared in accordance with Juvenile Accountability Incentive Block Grant Program, with funding received from the Governor's Office Criminal Justice Division." ARTICLE XI RIGHTS TO PROPOSAL AND CONTRACTUAL MATERIAL 15.1 All reports, documents, studies, charts, schedules, or other appended documentation to any proposal or contract, and any responses, inquiries, correspondence and related material submitted by the COUNTIES, shall upon receipt, become the property of AACOG. ARTICLE XVIII CHANGES AND AMENDMENTS 16.1 Except when the terms of this Agreement expressly provide otherwise, any alterations, additions, or deletions to the terms hereof shall be by amendment in writing executed by both AACOG and the COUNTIES. 16.2 Changes in local, state and federal rules, regulations or Laws applicable hereto may occur during the term of this Agreement and that any such changes shall be automatically incorporated into this Agreement without written amendment hereto, and shall become a part hereof as of the effective date of the rule, regulation or Law. 16.3 The COUNTIES shall notify AACOG in writing of any proposed change in physical Location for work to be performed pursuant to the terms of this Agreement. Such notice shall be provided by COUNTIES to AACOG at least thirty (30) calendar days in advance of the proposed change. ARTICLE XII NOTIFICATION OF ACTION BROUGHT 17.1 In the event that any claim, demand, suit, proceeding, cause of action or other action (hereinafter collectively referred to as "Claim") is made or brought against the COLTNTY(IES), The COLTNTY(IES) shall give written notice thereofto AACOGwithin two (2) working days after receiving notice of the Claim. The COIJNTY(IES)' notice to AACOG shall state the date and hour of notification to the COIJNTY(IES) of the Claim, the names and addresses ofthose instituting or threatening to institute the Claim, the basis of the Claim, and the name(s) of any others against whom the Claim is being made or threatened. Written notice pursuant to this Article shall be delivered either personally or by mail in accordance with this Agreement. ARTICLE XX ASSIGNMENTS 18.1 The COUNTIES shall not transfer, pledge or otherwise assign this Agreement, any interest in and to same, or any claim arising thereunder, without first procuring the written approval of AACOG. Any attempt at transfer, pledge or other assignment shall be void and shall confer no rights upon any third person. ARTICLE XIII WAIVER OF PERFORMANCE 19.1 No waiver by AACOG of a breach of any of the terms, conditions, covenants or guarantees of this Agreement shall be construed or held to be a waiver of any succeeding or preceding breach of the same or any other term, condition, covenant or guarantee herein contained. Further, any failure of AACOG to insist in any one or more cases upon the strict performance of any of the covenants of this Agreement, or to exercise any option herein contained, shall in no event be construed as a waiver or relinquishment for the future of such covenant or option. In fact, no waiver, change, modification or discharge by either Party hereto of any provision of this Agreement shall be deemed to have been made or shall be effective unless expressed in writing and signed by the Party to be charged. 19.2 No act of omission of AACOG shall in any manner impair or prejudice any right, power, privilege, or remedy available to AACOG hereunder or by law or in equity, such rights, powers, privileges or remedies to be always specifically preserved hereby. 19.3 No representative or agent of AACOG may waive the effect ofthe provisions ofthis Article. ARTICLE XIV ENTIRE AGREEMENT 20.1 This Agreement constitutes the final and entire agreement between the parties hereto and contains all of the terms and conditions agreed upon. No other agreements, oral or otherwise, regarding the subject matter of this Agreement shall be deemed to exist or to bind the parties hereto unless same be in writing, dated subsequent to the date hereof, and duly executed by the Parties. ARTICLE XV INTERPRETATION 21.1 In the event any disagreement or dispute should arise between the Parties hereto pertaining to the interpretation or meaning of any part of this Agreement or its governing rules, regulations, laws, codes or ordinances, AACOG as the Party ultimately responsible to CJD for matters of compliance, shall have the final authority to render or secure an interpretation. ARTICLE XXV NOTICES 22.1 For purposes of this Agreement, all official communications and notices among the Parties shall be deemed sufficient if in writing and mailed, registered or certified mail, postage prepaid, to the addresses set forth below: AACOG: Al J. Notzon III Executive Director Alamo Area Council of Governments 8700 Tesoro Dr. Suite 700 San Antonio, TX 78217 COUNTIES: Hon. Diana Bautista Atascosa County Judge County Courthouse, Circle Dr, #61 Jourdanton, TX 78026 Hon. Richard A. Evans Bandera County Judge P.O. Box 877 Bandera, TX 78003 Hon. Alger H. Kendall, Jr. Karnes County Judge 101 N. Parma Maria Karnes City, TX 78118 Hon. Eddie John Vogt Kendall County Judge 201 E. San Antonio, Ste. 120 Boerne, TX 78006 Hon. Danny Scheel Comal County Judge 150 N. Seguin St., Suite 301 New Braunfels, TX 78130 Hon. Carlos A. Garcia Frio County Judge 500 E. San Antonio, Box 7 Pearsall, TX 78061 Hon. Donald Schraub Guadalupe County Judge 307 W. Court Street, Suite. 200 Seguin, TX 78155 ARTICLE XVI PARTIES BOUND Hon. Pat Tinley Kerr County Judge 700 Main Kerrville, TX 78028 Hon. James E. Barden Medina County Judge 1100 16~' Street Room 101 Hondo, TX 78861 Hon. Marvin Quinney Wilson County Judge 1420 Third St. Floresville, TX 78114 23.1 This Agreement shall be binding on and inure to the benefit of the Parties and their respective heirs, executors, administrators, legal representatives, successors and assigns, except as otherwise expressly provided for herein. ARTICLE XVII GENDER 24.1 Words of gender used in this Agreement shall be held and construed to include the other gender, and words in the singular number shall be held to include the plural, unless the context otherwise requires. ARTICLE XVIII CAPTIONS 25.1 The captions contained in this Agreement are for convenience of reference only, and in no way limit or enlarge the terms and/or conditions of this Agreement ARTICLE XIX TEXAS LAW TO APPLY 26.1 This Agreement shall be construed under and in accordance with the laws ofthe United States and the State of Texas, and all obligations of the Parties are performable in Bexar County, Texas. ARTICLE XX LEGAL CONSTRUCTION 27.1 In case any one or more of the provisions contained in this Agreement shall for any reason be held to be invalid, illegal or unenforceable in any respect, such invalidity, illegality, or unenforceability shall not affect any other provision thereof and this Agreement shall be construed as if such invalid, illegal, or unenforceable provision had never been contained herein. ARTICLE XXI AMENDMENT 28.1 No amendment, modification, or alteration of the terms hereof shall be binding unless the same be in writing, be dated subsequent to the date hereof and duly executed by the parties hereto. IN WITNESS THEREOF, this Agreement is executed in duplicate originals this day of A.D., 2003. AACOG: Al J. Notzon III Hon. Richard A. Evans Bandera County Judge Hon. Donald Schraub Guadalupe County Judge Hon. Danny Scheel Comal County Judge COUNTIES: Hon. Diana Bautista Atascosa County Judge Hon. Alger H. Kendall, Jr. Karnes County Judge Hon. Eddie John Vogt Kendall County Judge on. at inley Ken County Judge Hon. Carlos Garcia Frio County Judge Hon. James E. Barden Medina County Judge Hon. Marvin Quinney Wilson County Judge