ORDER 1V0. E8~79 AF~F~ROl~E IPJTE:RLOCAL AGREEI~E1'~!T WITH L.. C, R. A. Ors this tk-Fe 1:~th day of 1~1ay, 2P_i~~:,, ~_tpon motion made by Gommissianer-~ Williams , seconded by Gommissioner^ Lets, the Co~.~rt t-nanimotisly appr^oved by a vote of 4-0-0, the Inter^local Agr^eement with L. G. R. A. fore the ane radio 'to be able to comm~_~nicate with a~_~tside agencies, and to pay the ~~Q~. ~~+ appr^oximate monthly cost far^ same, and that the Co~_tnty J~_tdge be a~_-thor^iied to exec~.~te that inter^Iocal ac~r^eement, cantingent ~_ipon 'the appr^oval of the Ga~_~nty Attor^ney. COMMISSIONERS' COURT AGENDA REQUEST PLEASE FURNISH ONE ORIGINAL AND NINE COPIES OF THIS REQUEST AND DOCUMENTS TO BE REVIEWED BY THE COURT. MADE BY: W.R. Hierholzer OFFICE: Kerr County Sheriffs Office MEETING DATE: May I2, 2003 SUBJECT: (PLEASE BE SPECIFIC) Consider and discuss authorizing the Sheriff `s Office to enter into Interlocal Agreement with LCRA. EXECUTIVE SESSION REQUESTED: (PLEASE STATE REASON) NAME OF PERSON ADDRESSING THE COURT: Sheriff Hierholzer 1 ESTIMATED LENGTH OF PRESENTATION: 5 minutes IF PERSONNEL MATTER -NAME OF EMPLOYEE: 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: TIME PREFERRED: 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 your request being addressed at the earliest opportunity. See Agenda Request Rules Adopted by Commissioners' Court. May 12, 2003 TO: Ken County Judge Pat Tinley and Kerr County Commissioners' Court FROM: Sheriff W.R. Hierholzer RE: Interlocal Agreement with LCRA Consider and discuss authorizing Ken County Sheriffs Department to enter into an Interlocal Agreement with LCRA. '' ~ ~~ L.,Q~- <, INTERLOCAL AGREEMENT FOR TELECOMMUNICATIONS SERVICE THIS IvTERLOCAL AGREEMENT FOR TELECOMMUNICATIONS SERVICE ("Agreement's by and between the Lower Colorado River Authority (hereinafter "Provider' and Capital Area Rural Transportation System (CARTS) (hereinafter "Participant's is executed for the purpose of engaging Provider to provide land mobile radio services for the support of governmental functions and services within Participant's primary service area. Below, Provider and Participant may also be referred to individually as a "Part}' and collectively as the 'Parties:' WT~REAS, Provider has in place or is implementing a regional trunked 900 MHz radio system (the "Trunked Radio System's to serve Provider's needs for communication and public safety requirements; WHEREAS, the Trunked Radio System has the capacity to serve the needs of Provider and others requiring a Trunked Radio System for public safety, local government ,,_„ purposes and other purposes in compliance with applicable Federal Communications Commission ("FCC's statutes, rules and licenses; _ WHEREAS, the Trunked Radio System will, among other things, provide dispatchable public safety mobile radio services pursuant to statutes and applicable FCC rules enabling Provider to provide community assistance and economic development; and W~REAS, it would be of benefit to Provider to have other entities share the cost of its system which it is developing and installing for its use; WHEREAS, it would be a benefit to Participant to receive Trunked Radio System service on anon-profit, cost shared basis without investing the substantial capital cost required for a completely separate infrastructure and by sharing the cost of the existing and planned Trunked Radio System; WHEREAS, Provider has secured Federal Communications Commission ("FCC's radio licenses and a waiver of Section 90.179 of the FCC's rules, 47 C.F.R. § 90.179, in order to serve customers throughout its 58-county electric and water service territory; and WHEREAS, the Trunked Radio System has the capability to provide interconnectivity and a key communications link between public safety entities throughout the central Texas -^ region. LOWER COLORADO RR•'~R AvrHOR1TY •-- NOW, THEREFORE, in consideration of the foregoing and the mutual promises herein contained, and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the Parties covenant and agree as follows: 1. AUTHORITY. This Agreement is entered into between the parties hereto pursuant to the authority contained in the Interlocal Cooperation Act, Government Code Section 791 et seq. The provisions of Chapter 791 of the Government Code are incorporated in this Agreement and this Agreement shall be interpreted in accordance with this Act. 2. ACCEPTANCE; PARTICIPANT'S ACCESS TO TRUNKED RADIO SYSTEM 2.1 This document, including Attachments A, B, C, and D is an offer by the Participant which will become a contract when accepted in writing by an authorized employee of Provider, It is agreed that provision of services is made only on the terms and conditions herein. Provider shall not be bound by the terms and conditions in Participant's purchase order or elsewhere unless expressly agreed to in writing. In the absence of written acceptance of these terms, acceptance of services hereunder shall constitute an acceptance of these terms and conditions by Participant. 2.2 Access to the Trunked Radio System consists of Participant's right to use certain facilities and capabilities of the Trunked Radio System, as described in the Attachments, in consideration for the Participant's payment of the monthly service fee as indicated on the Community Link Mobile Radio Service Agreement {Attachment A) and monthly usage charges as set out on LCRA Mobile Radio Service Rate Table (Attachment B). Only the features and capabilities selected by Participant shall be enabled. Changes or modifications to the Attachments may require modification of system parameters, which will be subject to Participant service charges as set forth in the Maintenance Charges Table (Attachment C). Upon execution of this Agreement, Participant's equipment will be activated and service will commence following: (i) registration of the Provider-authorized identification numbers of each Participant unit, and (ii) Provider's certification of the equipment installation and operator training. 3. SERVICES; COST SHARED BASIS 3.1 Participant may select from the menu of telecommunications services offered by Provider which are set forth on the Community Link Mobile Service Agreement. The Community Link Mobile Service Agreement may be amended from time to time upon . mutual agreement of the Parties provided that such amendments are in writing and signed by authorized representatives of Participant and Provider. Participant agrees to pay for the ,,,,,~ services and features indicated on the Community Link Mobile Radio Service Agreement, including any optional features as set forth in Section 3.3below, on anon-profit, cost-shared L01VER COLORADO RIVER AtrrxORrrY 2- oasis in accordance with Section 90.179 of the rules of the FCC, 47 C.F.R § 90.179. Participant shall be billed in accordance with Section 4 of this Agreement. . ~. 3.2 All service fees to Provider are intended to recover a portion of the expenses and capital expenditures associated with the Trunked Radio System. Provider does not intend to recover the entire cost of the Trunked Radio System but intends only to receive a reasonable value for the services provided to Participant in order to recover a portion of the expenses and capital expenditures. For the purpose of assuring that the services are provided to Participant on anon-profit, cost shared basis over the life of the Trunked Radio System, Provider will maintain an accounting of fees, expenses and capital expenditures associated with constructing, managing, operating and maintaining the Trunked Radio System. Included within the expenditures shall be an accounting, including appropriate reserves, for future expenditures on and improvements of the Trunked Radio System. The total fees, expenses and capital expenditures will be allocated through the service fees to the Participant and each future Participant, on a prorated basis, taking into account any reductions of expenditures caused by the provision of equipment or services by Participant. To the extent that the expenses and capital expenditures of the Trunked Radio System allocated to the Participant are less than the service fees paid by Participant to Provider, averaged over the twelve (12) months preceding the date on which such a determination is made, Provider will adjust service fee schedules, refund such excess to the Participant or at the Participant's election, issue a credit for future services provided to the Participant, to ,.._ insure that the Trunked Radio System is operated on a non profit, cost sharing basis. Provider does not anticipate that refunds or credits will be available to Participant prior to the time the entire Trunked Radio System operates on a break even basis. 3.3 In addition to basic services, Provider is able to procure equipment and provide installation, maintenance, and related services under this Agreement; such services shall be performed either by Provider personnel or through independent contractors. jf Participant selects such services, the services will be noted on the Community Link Mobile Service Agreement. Provider shall ensure that all contractors are thoroughly knowledgeable and experienced in the work they may perform. 3.4 Provider shall procure and install the equipment necessary to implement the services requested by Participant. At Participant's option, Participant shall be responsible for purchasing and installing its equipment from the vendor of the Trunked Radio System. A list of Participant's equipment•shall be attached to this Agreement as Attachment D. Participant expressly understands that Provider, as an FCC licensee, will supervise Participant's activities pursuant to this Agreement, and that Provider will retain control over all aspects of the operation of the Trunked Radio System, as required of a licensee under the FCC's rules and regulations. Participant expressly acknowledges that all shared transmitters must be subject to Provider's control. LOWER COLORADO RIVERAUTHORrlY -3- 4. SERVICE RATES, CHARGES .AND TERA~IS 4.2 Provider shall provide the services selected by Participant on the Community Link Mobile Service Agreement at the rates and charges shown on LCRA Mobile Radio Service Rate Table (Attachment B). The LCRA Mobile Radio Service Rate Table includes: (i} Participant's monthly basic service fee for use of the Trunked Radio System; (ii) rates and charges for optional services, such as telephone interconnection; and (iii) airtime charges. 4.2 It is agreed that Provider may at any time revise the LCRA Mobile Radio Service Rate Table by giving the Participant written notice of the amount of increase at least sixty (60) days in advance of the date on which the increased fees are to become effective. However, for the initial term of service, Service Level/ Coverage Area costs for basic service set out in attachments to this Agreement shall not be increased except by mutual agreement of the Parties. 4.3 For services provided under this Agreement, Provider shall invoice Participant monthly or as agreed between the parties. The monthly basic service fee associated with Participant's access to the system shall be invoiced in advance. Periodic equipment maintenance, monthly usage charges, charges for telephone interconnection and other .-- optional services shall be invoiced at the end of each monthly billing cycle. Late payments shall be subject to interest or seasonable service charges. Charges for equipment purchase and installation shall be invoiced immediately following delivery and installation with payment due within 30 days. 5. MAINTENA_`CE OF PARTICIPANT EQUIPMENT FCC regulations and proper operation and maintenance of the Trunked Radio System require periodic equipment testing for certain components of the Trunked Radio System. Participant agrees to allow Provider access to Participant's equipment for frequency and channel maintenance checks of Trunked Radio System units at reasonable time as requested by Provider. Participant shall pay Provider for such maintenance in accordance with the Maintenance Charges Table (Attachment C). At Participant's option, Participant shall have the right to engage other maintenance Providers, subject to Pro~~ider's approval, to maintain Participant's equipment in accordance with the regulations of the FCC and the proper operation and maintenance of the Trunked Radio System. Participant acknowledges that Provider will supervise Participant's activities in accordance with Section 3.4. 6. INTERCOl~'.tiECT If user wishes to obtain interconnection with the Public Switched Telephone Network, ,,,.,, it will be so indicated on the Community Link Mobile Radio Service Agreement. Participant hereby authorizes Provider or an agent of Provider to arrange for such interconnection in accordance with the rules and regulations of the FCC and any other applicable regulations. Participant acknowledges its responsibility for its individual LOWER COLORADO RNER AUTHORITY ~' telephone calls and a pro rata share of the basic telephone service and telephone line interconnect charges. Provider reserves the right to regulate and manage the use of telephone interconnect service in order not to degrade dispatch service. Participants electing to have the telephone interconnect option will be responsible to Provider for all usage of this option. 7. INITIAL TER~VI; AUTOMATIC RENEWAL; TERMINATION 7.1 This Agreement will remain in full force and effect for a period of three (3) years from the execution date. The Agreement shall automatically extend under the terms and conditions, rates and charges then in effect for successive one (1) year periods provided that either Party may terminate this Agreement upon written notice to the other Party ninety (90) days prior to the end of the three (3) year period or of any such one (1) year period, and, provided further, that this Agreement shall terminate automatically if the frequency authorization(s) (which may be held by Provider) under which Participant presently operates is (are) revoked by the FCC. - 7.2 The charges made to a Participant for a subsequent term shall be the same as made during the initial term unless Provider shall notify Participant of any changes in the charges at least one hundred twenty (120) days prior to an automatic renewal date. If, after ,•-- such notification, Participant does not terminate this Agreement and allows it to automatically renew, charges for the next term shall be the new charges set out by Provider in this notifcation prior to the automatic renewal date, subject to modification as herein set out. 7.3 Provider shall have the right to terminate this Agreement during any term for Participant's failure to make payments on time, system abuse, or failure to use the Trunked Radio System in accordance with the applicable laws and regulations, provided that Provider gives Participant a fifteen (15) day written notice of the deficiencies and an opportunity to cure them. Notwithstanding the above, Provider shall have the right to immediately terminate this Agreement at any time for Participant's failure to use the Trunked Radio System in accordance with rules and regulations of the FCC. In the event of termination as herein provided, all accrued and unpaid charges shall be due and payable forthwith. 8. SERVICE I\TTERRUPTTONS; INTERFERENCE 8.1 Provider shall have the right, in cooperation with Participant's needs, to plan and schedule system outages for purposes of system maintenance, equipment calibration and similar necessities. Except for such planned outages, Provider shall credit Participant with one day of service for any service outage that exceeds four (4) hours in duration, provided that Participant promptly notifies Provider of the outage. If a service outage exceeds -- twenty-four (24} hours, Provider shall credit Participant for each full day for each partial day of outage. Credit for outages, which shall be subject to Provider's verification, shall appear in the monthly invoice. IAWER COIARADO RIVER.ALTHORITY 5- ,.- 8.2 In the event of an emergency, as declared by the Provider emergency coordinator or Provider's Trunked Radio System administrator, Provider~'eserves the right to reallocate service priorities for the duration of the emergency. 8.3 Participant agrees to promptly refrain from any action, mode of operation or equipment configuration that interferes with or causes signal degradation with the Trunked Radio System, and to notify Frovider of any conditions of which Participant becomes aware likely to cause interference. 9. ASSIGNMENT; SUBCONTRACT; NO THIRD-PARTY BENEFICIARIES This Agreement is a privilege for the personal benefit of Participant and may not be assigned in whole or in part by Participant to any other person or entity unless Provider enters into a new written agreement with that person or entity. Provider reserves the right to assign this Agreement or subcontract any of its obligations hereunder. This Agreement is entered into for the sole benefit of the Parties. Nothing in this Agreement shall be construed as conferring any rights, benefits, remedies or claim upon any persons, firm, corporation or other entity. 10. COVERAGE 10.1 Participant acknowledges that one hundred percent (100%) coverage of any area at all times is improbable. Testing and experience with actual field conditions indicate adverse propagation conditions, such as short-term unpredictable meteorological effects and sky wave interference from distant stations, can interrupt service at any time. Such events are beyond the reasonable control of Provider. Other causes beyond reasonable control of Provider are motor ignition and other electrical noise that could be minimized by corrective devices at Participant's expense. Satisfactory communication performance is generally viewed as intelligible reception over rolling terrain approximately ninety percent (90%) of the time. - 10.2 Provider will supply Participant ~;7th a radio frequency propagation map for that portion of the Trunked Radio System that will be used by Participant. Such map will be attached to this Agreement as Exhibit 1. Participant acknowledges that any such map is provided to indicate general parameters of expected coverage of the Trunked Radio System, subject to previously mentioned conditions, and is not binding as an exact representation of coverage. Participant further acknowledges that Provider is not providing a warranty of coverage and that the inability of Provider to provide such coverage will be subject to the limitation of liability set forth in Sections 13 and 15. 11. DEFAULT AND REMEDIES 11.1 If Participant fails to make any payment of any sum due or fails to perform as required by any other provision hereunder, and continues in such failure for fifteen (15) LOWER CoIARADO RIVER AUI'HORr1Y ..b_ .lays after written notice has been sent by Frovider to Participant, the Participant shall be deemed in default under this Agreement. .~ 11.2 In the event of default, Provider has the right to immediately terminate either the service or this Agreement, retain all payments made hereunder, deny Participant any service provided by the radio system or systems identified herein, and impose a separate charge for disconnect and a separate charge for reconnect expenses each in the same amount stated as the initial activation charge on Community Link Mobile Radio Service Agreement. If disconnect takes place, Participant may also be subjected to additional costs for reprogramming its equipment. Each and all of the rights and remedies of Provider hereunder are cumulative to and not in lieu of each and every other such right and remedy and every other right and remedy afforded by law and equity. 11.3 In the event Participant shall at any time not have in effect a budget which contains funds to pay the charges provided for in this Agreement, the Participant shall be deemed to have non-appropriated funds on the last effective date of a legally adopted budget containing funds to pay charges provided for hereunder. Upon the expiration of such a budget, the Participant shall have no further liability under this Agreement and shall be deemed to be in default as provided in this section of the Agreement. The Participant shall not be liable for payment of charges for disconnecting and similar charges but shall be ,-- charged amounts set by Provider if Participant wishes to reconnect at a future date, such amounts to cover the charges of disconnection, reconnection and administrative overhead associated with such actions. All payments, if any, made pursuant to this Agreement shall be made from current revenues available to the paying party. 12. WARRANTIES 12.1 Provider warrants that its management and operation of the Trunked Radio System will comply with reasonable and standard industry practices. Provider further warrants that it will operate the Trunked Radi9 System in compliance with all applicable statutes, laws, ordinances, rules and regulations, including but not limited to those of the FCC (suc~i as waiver and eligibility requirements). 12.2 Participant agrees (a) to observe and abide by all applicable statutes, laws, ordinances, rules and regulations, including but not limited to those of the FCC (such as waiver and eligibility requirements), and (b) to operate the equipment so as not to cause undue interference with any other users using the Trunked Radio System. Provider will provide Participant with copies of the relevant FCC rules and compliance information. Participant recognizes that applicable FCC rules and other statutes, laws, ordinances, rules and regulations may change from time to time and that, accordingly, Provider in its sole discretion has the right without liability to modify this contract to comply with any such ..-- changes. Participant further warrants to Provider that it will operate the equipment for the purposes contemplated by this Agreement, and that Participant shall not re-sell service, LO\VER COLORADO RIVER AvrxORTIY -7- interconnect, nor patch any equipment with another user without written consent of Provider. . ~, 12.3 No other warranties, express or implied, are given by either Party: 13. DISCLAIMER OF WA,ItRAN1'IES; LIMITATION OF REMEDIES 13.1 Participant acknowledges and agrees that Provider is not the manufacturer of equipment, and Provider hereby disclaims all representations and warranties, direct or indirect, express or implied, written or oral, in connection with the equipment or its function (whether purchased or leased by Participant from Provider or another), including but not limited to any and all express and implied warranties of suitability, durability, merchantability, and fitness for a particular purpose. Provider to the extent permitted by law assigns to Participant any and all manufacturers' warranties relating to equipment purchased by Participant, if any, and Participant acknowledges receipt of any and all such manufacturers' warranties. 13.2 Participant acknowledges and agrees that its sole and exclusive remedy in connection with any defects in any equipment, including manufacture or design, shall be against the manufacturer of the equipment under the manufacturers' warranties and that -- Provider shall have no liability to Participant in any event for any loss, damage, injury, or expense of any kind or nature related directly or indirectly to any equipment or service provided hereunder. Without limiting the above, Provider shall have no liability or obligation to Participant, in either contract or tort, for special, incidental, or consequential damages of any kind incurred by Participant, such as, but not limited to, claims or damages for personal injury, wrongful death, loss of use, loss of anticipated profits, or other incidental or consequential damages or economic losses of any kind incurred by Participant directly or indirectly resulting from or related to any equipment or service described hereunder, whether or not caused by Provider' negligence, to the full extent same maybe disclaimed by law. Any references to equipment in this paragraph shall be deemed to apply to all equipment purchased by Participant or leased by Participant from Provider, if any, or another lessor. 14. INTERRUPTION OF SERVICE; FORCE IvLAJEURE Except for its own acts, Provider shall not be liable to Participant or any other person for any loss or damage, regardless of cause. Provider does not assume and shall have no liability under this Agreement for failure to provide, or delay in providing, service due directly or indirectly to causes beyond the control of Provider or its subcontractors, including, but not restricted to, acts of Gad, acts of governmental entities, acts of the public enemy, strikes, or unusually severe weather conditions. In the event of any failure or delay ..-.. attributable to the fault of Provider or its subcontractors, Participant's sole remedy shall be limited to a credit for service as is more fully described in Section 8. LO«'ER COtARaDO RIVER A[rI'xORTIY -$- ~5. LIMITATIONS OF LIABILITY; INDEMNIFICATION 15.1 Participant understands that (a) alternative means of communication are available to Participant; (b) occasional interruption or irregularities in the service may occur; and (c) any potential harm from interruptions or irregularities in the service is speculative in nature. Provider cannot offer the service at rates which reflect its value to each Participant, and Provider assumes no responsibility other than that contained in this Agreement. Accordingly, Participant agrees that except as limited by law Provider' sole liability for loss or damage arising out of mistakes, omissions interruptions, delays, errors, or defects in the service or transmission of service provided by Provider or any carrier, or for losses or damases arising out of the failure of Provider or any carrier to maintain proper standards or maintenance and operation shall be a credit for service as set forth in Section 8. 15? Provider shall in no event be liable for service or equipment interruptions or delays in transmission, errors or defects in service or equipment when caused by acts of God, fire, war, riots, government authorities, default of supplier or other causes beyond Provider' or any carrier's control. 153 Participant acknowledges that the radio service provided hereunder uses radio -- channels to transmit voice and data communications and that the service may not be completely private. Provider is not liable to Participant for any claims, loss, damages or cost which may result from lack of privacy on the system, . 15.4 Participant hereby agrees, to the extent permitted by law, to indemnify and save Provider harmless against claims for libel, slander, infringement or copyright from the material, in any form, transmitted over the radio system by Participant or those using Participant's equipment; against claims for infringement of patents arising from combining or using apparatus or systems of the Participant with the facilities of Provider or any carrier; and against all other claims arising out of any act or omission of Participant in connection with the facilities or service provided by Provider. 15.5 Provider is not liable for any damage, accident, injury or the like occasioned by the use of service or the presence of equipment, including 900 MHz radio handsets and other devices, facsimile units, and ancillary equipment of the Party except as provided herein. Provider is not liable for any defacement or damage to Participant's motor vehicle or any personal or real property resulting from the presence of 900 MHz radio and ancillary equipment. 15.6 The liability of Provider in connection with the service provided is subject to the foregoing limitations and Provider makes no warranties of any kind, expressed or implied, as to the provision of such service. IAWER COLORADO RNER ACTxORrrY ~_ •-- 15.7 Participant agrees to release, defend, indemnify and hold harmless Provider, its officers and employees, to the full extent permitted by law from and against any and all claims, damages, liabilities and expenses, including legal and attorney fees, of any nature arising directly or indirectly out of this Agreement, including without limitation, claims for personal injury or wrongful death to Participant or other users of the equipment, products or services provided by Provider or used in conjunction with such equipment, products or services provided by Provider and arising out of the manufacture, purchase, operation, conditions, maintenance, installation, return or use of the equipment or service or arising by operation of law, whether the claim is based in whole or in part on negligent acts or omissions of Provider, its agents or employees. 15. NOTICES Any notice or demand required or permitted to be made hereunder shall be made by certified or registered mail to the addresses given on the Community Link Mobile Radio Service Agreement and shall be deemed received on the second business day after deposit in the U.S. mail. Either Party may from time to time designate any other address for this purpose by written notice to the other Party. y 17. NO COl~LV10N CARRIER OFFERING With respect to services contemplated by this Agreement, neither Participant nor Provider shall make a common~arrier offering of communication services. 18. TAX CODE CO\SEQUENCES 1$.1 The relationship of the Parties shall not be treated as a partnership or other taxable entity for any purpose under the United States Internal Revenue Code (the "Code'. No provision of the Agreement shall be construed to create an association, joint venture, trust or partnership with regard to the other Party. The Parties agree to take appropriate actions, including appropriate elections under Section 761 of the Code, to exclude the application of the partnership provisions of the Code. 18.2 Each Party shall be responsible for payment of all taxes, if any, on its own facilities. 19. AMENDMENT'; WAIVER; SEPARABILITY Except for revisions of the LCRA Mobile Radio Service Rate Table as set forth in Section 3 above and the expansion provisions set forth in Section 20 hereinafter, amendments to or modification of this Agreement shall be in writing and signed by .~ authorized representatives of the Parties. Lack of enforcement of any right under this Agreement by either Party shall not constitute a waiver of that right or any other in the future. The terms and conditions of this Agreement supersede other agreements, written or oral, between the Parties regarding the subject of this Agreement. Should a court of LOWER COIARADO RIVER AtrrIIORTTY -1 O- ,mpetent jurisdiction find any part of this Agreement invalid or unlawful, the remainder of this Agreement shall remain in full force and effect, consistent with the original intent of the Parties. This Agreement shall be construed in accordance with and~governed by the Iaws of the state of Texas. 20. EXPANSION OF Ii~~TERLOCAL AGREEMENT; EXPANSION OF TRUNKED RADIO SYSTEM 20.1 Provider may, at it sole and exclusive discretion ,expand this Agreement by agreeing to provide Trunked Radio System services to other parties. Additional parties to this Agreement will only be those parties who may enter into interlocal agreements pursuant to Government Code Section 791. Such new Participants shall generally be referred to as "Additional Participants:' 20.2 Additional Participants may become a part of this Agreement by execution of a separate agreement to be executed by Provider and the Additional Participant. The Participant and any Additional Participants entering into a separate agreement with Provider agree that the Participant and the Additional Participant shall be bound by agreements executed between Provider and Additional Participants to expand the services of the Trunked Radio System, provided such services are expanded in accordance with this -~-Agreement. No Additional Participant will be provided Trunked Radio System services as .iescribed in this Agreement if the provision of such services would diminish the capability to use the Trunked Radio System as agreed to be provided by Provider in any agreement to provide such services to a Participant. The addition of an Additional Participant shall not increase the cast of service to any prior Participant during the initial three (3) year term of this Agreement. Upon execution of the separate agreement complying with this Section 20, Additional Participant (or Participants) shall become a party or parties to this Agreement, and the governing bodies of Provider and Participant authorize the amended and expanded Agreement and the inclusion of the Additional Participant (or Additional Participants). 203 The execution of Agreements with Additional Participants may, at the sole option of Provider, expand the area covered by the Trunked Radio System and may also provide for additional services to some or all Farticipants. 20.4 Provider may also expand the Trunked Radio System by entering into separate agreements with nongovernmental entities, such as electric cooperatives, utilities and other corporations. Provider may enter into agreements to expand the Trunked Radio System and such agreements shall be binding upon Participant and Additional Participants provided such agreements do not increase the cost of the service agreed to be provided by Provider to Participant or Additional Participant during the initial term of this Agreement. 20.5 If Provider enters into separate agreements with Additional Participants or third .party non Governmental entities for Trunked Radio System services pursuant to this section LO«'ER COLORADO RNER AtrrxORTfY -11- ~0, the rights and duties between Provider and Participant shall be those set out in this Agreement and the duties and liabilities of Participant shall not be increased, decreased or otherwise altered by any agreement between Provider and any Additional Participant or third party. 21. COiVIMENCEMEV~' OF INITIAL TERM. The term of this Agreement shall commence on January 15, 1997 and extend for three (3) years, ending on January 15, 2000. In the event Additional Participants become parties to this Agreement, the term for the Additional Participants shall commence on the date the Additional Participant becomes a Participant and shall end on January 15, 2000. 22. NO ORAL AGREEI~IEN~'TS. The parties agree that this Agreement and the attachments and exhibits contains all representations, understandings contracts and agreements between the parties regarding the subject matter of this Agreement and any other writings, understandings, oral representations or contracts shall be deemed to be terminated, void and ineffective. 23. APPLICABLE LAW. .-_ Pursuant to Government Code Section 791.012, the local laws governing Provider shall be the applicable law governing this Agreement. v Executed to be effective the 15th day of January, 1997. Accepted by: PROVIDER: Lower Colorado River Authority (LCRA) By: ~L L,t..~. Title: NtA~Kf-~N~ t'~A,r,J ~rr~,~C.~~.- PARTICIPANT: Capital Area Rural Transportation System (CA,-...,,,. . By: Title L0~1ER COLORADO RIFER A[TTHORr7~' -12- ATTACHMENT A REFERENCE NUMBER ~~~ COMMUNITY LINK ~ MOBILE RADIO SERVICE AGREEM ENT THL FGYYER TO NWKi A DIFFERENCE. PARTICIPANT INFORMATION AGENCY NAME (PLEASE PRINT) Ca ital Area Rural Trans ortation s stem AGENCY ADDRESS - 2010 East 6th Street CITY STATE ZIP PHONE FAX Austin TX 78702 512-389-1011 512-478-1110 CONTACT NAME PHONE FAX David Marsh 81LLING ADDRESS, iF OIFFEREiJT FROM ABOVE CITY STATE ZIP TAX EXEMPT FEDERAL TAX ID YES NO PURCHASE ORDER EFFECTIVE DATE Oct. 1 1997 No. of No. of Cost per Unit Per Month Cost per Unit Basic Service Sites Units Initial Rate Per Month 1!1!00 Local Area Up to 3 70 $14.95 $19.95 $1,046.50 Extended Local Area 4 to 6 $19.95 $24.95 $0.00 R~ ,al area 7 to 9 $24.95 $29.95 $0.00 Ext. rtegional Area- 10 to 15 $34.95 $39.95 $0.00 Network Service Area All sites $49.95 $54.95 $0.00 Link Radio Set N!A $50.00 $0.00 Volunteer Fire Dept. $5.00 .50 per minute $5.00 .50 per minute $0.00 up to $14.95 up to $19.95 Independent School Districts $9.95 $9.95 $0.00 Public Safety - 2nd radio $9.95 $9.95 $0.00 TOTAL BASIC SERVICE LEVEL FEES 51,046.50 OPTIONS I-CALL 8 55.00 $40.00 DATA $1 D.00 $0.00 T-Interconnect Initiate $10.00 $0.00 T-Interconnect Receive Only $5.00 $0.00 Interconnect Airtime (cost per minute) $0.95 $0.00 TOTAL OPTION F EES ;40.00 TOTAL MONTHLY FEES $1,086.50 LCRA to review month) us ad' is ees accordin I . I have read, understoo and reed th sand conditions of this agreement. ~u~mer Signature: .Date: LCRA Signature: ~ ,~.~~ ~ ~,~~, _ = Date: _ l ~ =~ 1 I ~t`y - - Date Received: ~ Date Enfered: - -Entered b LOWER COLORADO RIVER A[rrxOR1TY. EXHIBIT 1 Contour Map ATTACHED HERETO LONER COLORADO RIVER AvrxORTIY '1' ATTACHMENT A REFERENCE NUMBER ~~ ~ COMMUNITY LINK ~ MOBILE RADIO SERVICE AGREEMENT THE t•OWER TQ 14WKE A DIFFERENCE. PARTICIPANT INFORMATION AGENCY NAME (PLEASE PRINT) Capital Area Rural Trans ortation S stem AGENCY ADDRESS 2010 East Sixth Street CITY STATE ZIP PHONE FAX Austin TX 78702 512-389-1011 512-478-1110 CONTACT NAME PHONE FAX BILLING ADDRESS, IF DIFFERENT FROM ABOVE CITY STATE ZIP TAX EXEMPT FEDE TAX ID YES NO PURCHASE ORDER EFFECTIVE DATE ~~~ , No. of Standard High Public Safety Basic Service Sites Quantity Quantity Quantity TOTAL ~ca- Area Up to 3 44 ~ $25 5 ~ $35 ~ $45 $1,275 ..tended Local area 4 t0 6 cGfl $30 ~ $40 ~ $50 Regional area 7 to 9 ~ $35 ~ $45 ~ $55 ExL Regional Area 10 to 15 ~ $45 ~ $55 ~ $65 Network Service Area All Sites ~ $60 t~ $70 ~ $75 State Wide Roaming NIA NIA N/A N/A OPTIONS TOTAL BASIC SERVICE LEVEL FEES $1,275 I-CALL $5.00 ENCRYPT $5.00 DATA $10.00 T-INTERC $10.00 DISPATCH CONSOLE $200.00 TOTAL OPTION FEES TOTAL MONTHLY FEES $1,275 LCRA to review mo y u and adjust service fees accordingly. Interconnect Ai II bill ~t $.95/min. I have read, un o a eed to the terms and conditions of this agreement. Signature: /~ Date: ~~yJ• ~~i (% Signature: ~i.. ~, Date: ~ -!S~ (Date Received: Date Entered: Entered by.• I.O~VER COLAR?~DO RIVER AUTHORITY ^ Attachment B LCRA Mobile Radio Service Rate Table Basic Service Rates Service LeveUCoverage Area** $ Unit /Month $ Unit /Month $ Unit /Month Service Level* Standard High Public Safety 1 Local Area - up to 3 sites $25.00 $35.00 $45.00 2 Extended Local Area 4-6 sites $30.00 $40.00 $50.00 3 Regional Area 7 - 9 sites $35.00 $45.00 $55.00 4 Extended Regional Area 10 -15 sites $45.00 $55.00 $65.00 5 Network Service Area -all LCRA sites $60.00 $70.00 $75.00 6 State-wide Roaming N/A NIA NIA .-~ ~rvice Level Descriptions _.andard Service Level -Includes: 1) System Access - 24 hours per day, 7 days per week with unlimited air time 2) System Administrator Support - 24 hours per day, 7 days per week 3) Emergency Call 4) I-Call Receipt 5) Standard Priority High Service Level -Includes (n addition to Standard Service Level) 1) Individual Private Call(I-Call) Placement 2) Enhanced Priority 3) Telephone Interconnect Call ReceiptQntercon Airtime Applies) Public Safety -Includes (n addition to High Service Leven 1) Place Telephone Interconnect Calls(T-Interc)(Intercon Airtime Applies) 2) Digital Voice Encryption 3) Public Safety Priority Optional Rates Feature {-Call Encrypt Data T-Interc Intercon Airtime Dispatch Console $lunitlmonth 5.00 5.00 10.00 10.00 $.95/min $200.00 "Coverage Area - LCRA ro review monthly use and adjust service fees accordingly. IAIVER COLORADO ixlvER AUTHORITY Attachment C Maintenance Charges Table y MobilelPortable Maintenance Contract $10.00 per unit per month Time and Material Maintenance User Requested Changes to Radio Personality (plus any applicable travel expenses) Service Reactivation Fee $45.00 per hour per tech $45.00 per unit $25.00 per radio L.OR"ER COLORADO RIVER AUTHORITY ATTACffi1~NT D To facilitate participation in the LCRA mobile radio system, CARTS requested LCRA to purchase Orion radios on CARTS behalf as described in a letter dated June 20, 1996. This included the mobile radio and installation. In addition, CARTS requested that LCRA install control stations which included power supply, speaker wedge, and desk top microphone. The equipment was installed and the costs of each are outlined below. The mobile radio installation also included the purchase of handsets in place of the microphones and the costs are reflected below. QUANTITY DESCRIPTION UNIT PRICE TOTAL 32 ORION MOBILE RADIOS $1670.00 $53,440.00 (Austin/Smithville installed as of Jan. 30, 1997) Incl. Installation 11 ORION MOBILE RADIOS $1670.00 $18,370.00 (San Marcos, installed March 1, 1997) Incl. Installation 3 CONTROL STATIONS: $ 2300.00 $ 6,900.00 3 INSTALLS OF CONTROL STATIONS, includes parts and labor $ 1000.00 $ 3,000.00 18 ORION MOBILE RADIOS $ 1670.00 $30,060.00 In stock (To be installed prior To Apri128, 1997) 1 DUAL CONTROL HEAD $ 900.00 $ 900.00 FOR ORION MOBILE (Smithville) Incl. Installation TOTAL COST ~ $112,670.00 Participant Signature: .-~ 1 of 2 Dat LOWER COLORADO RI«R AUniORTI~' ..- ADDENDUM TO ATTACHMENT D ~• Additional Radio Purchase for CARTS to affect complete conversion of the CARTS fleet to 900 MHz trunked radio service. LCRA proposes to purchase on behalf of CARTS additional Orion mobile radio units and will work with CARTS to install the radios as soon as regional service is available throughout the CARTS service territory. Prior to June 1, 1997, LCRA will provide and install five portable radios and two mobile radios and charge CARTS a monthly lease of 3/4% of the total cost of the radios and installation until October 1, 1997. The total cost of these radios plus installation will be due to be paid in full to LCRA on October 1, 1997. The cost of the radios will be as follows: LPE200 System Model Portable Unit Full keypad, Emergency Button, 800 System/Group combination Prosound, EDACS and Conventional Operation Cost includes radio, High Capacity Battery, and Charger Price $2395.00 per unit ,,,., Orion Scan Model Mobile Unit Limited Keypad, Emergency Button, 800 System/Group combination Prosound, EDACS and Conventional Operation Cost includes radio, mounting hardware, and antenna Price $2442.00 per unit Orion System Model Mobile Unit Full Keypad, Emergency Button, 800 System/Group combination Prosound, EDACS and Conventional Operation Cost includes radio, mounting hardware, and antenna Price $2596.00 per unit Installation Labor - TBD In the event CARTS does not secure will develop a lease purchase ogt~i Participant Signature: etary funding to purchase the equipment outlined above, LCRA ARTS using competitive rates and terms. Date: 2 of 2 LO«ER COLORADO RI~FR AL-rxORrrY ADDITIONAL INTERLOCAL PARTICIPANT AGREEMENT This Additional Interlocal Participant Agreement ("Additional Participant Agreement") is entered into by the Lower Colorado River Authority (hereinafter "Provider"}, acting for itself and the Participants in that certain Interlocal Agreement br telecommunication services dated the 15th day of January, 1997 (the "Interlocal Agreement") and the undersigned entity (hereinafter designated "Additional Participant"), for the purposes of engaging Provider to provide land mobile radio services for the support of governmental functions and services within Additional Participant's service area. WHEREAS, Provider has in place or is implementing a regional tunked 900 M~z radio system (the "Trunked Radio System") to serve Provider's needs for communication and public safety requirements; WHEREAS, the Trunked Radio System has the capacity to serve the needs of Provider and others requiring a Trunked Radio System for public safety, local government purposes and other purposes in compliance with applicable Federal Communications Commission ("FCC") statutes, rules and licenses; ..., WHEREAS, the Trunked Radio System will, among other things, provide dispatchable public safety mobile radio services pursuant to statutes and applicable FCC rules enabling Provider to provide community assistance and economic development; and WHEREAS, it would be of benefit to Provider to have other entities share the cost of its system which it is developing and installing for its use; WHEREAS, it would be a benefit to Additional Participant to receive Trunked Radio System service on anon-profit, cost shared basis without investing the substantial capital cost required for a completely separate infrastructure and by sharing the cost of the existing and planned Trunked Radio System; WHEREAS, Provider has secured Federal Communications Commission ("FCC") radio licenses and a waiver of Section 90.179 of the FCC's rules, 47 C.F.R. *90.179, in order to serve customers throughout its 58-countyelectric and water service territory, and WHEREAS, the Trunked Radio System has the capability to provide interconnectivity and a key communications link between public safety entities throughout the central Texas region. WHEREAS, Provider has entered into a certain Interlocal Agreement dated the 15th day of January, 1997, and Additional Participant desires to become a partyto that Interlocal Agreement. NOW, THEREFORE, in consideration of the foregoing and the mutual promises herein contained, and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the Parties covenant and agree as follows: PARTY TO INTERLOCAL AGREEMENT. 1.1 Additional Participant hereby becomes a party to the Interlocal Agreement and agrees to be bound by all terms and conditions set out in the Interlocal Agreement, as modified and amended herein and in any other additional interlocal participant agreement (subject to the provisions of Section 4 herein). Additional Participant shall have all rights and duties as a Participant in the Interlocal Agreement. the Interlocal Agreement is attached hereto as Exhibit 1 and the terms and provisions of the Interlocal Agreement are incorporated in this Additional Participation Agreement. 2. TERM. 2.1 Additional Participant's rights and duties under the Interlocal Agreement shall commence on the effective date of this Additional Participant Agreement. Additional Participant recognizes and agrees that Section 21 of the Interlocal Agreement provides an initial term of the Interlocal Agreement and Section 7 provides for a uniform ending date and renewal provisions applicable to all Additional Participants. 3. SERVICES, SERVICE RATES, CHARGES AND FEES. 3.1 Pursuant to the Interlocal Agreement, Prouder shall provide the services selected by Participant on the Community Link Mobile Service Agreement (Attachment A) at the rates and charges shown on the LCRA Mobile Radio Service Rate Table (Attachment B). Provider shall provide maintenance in accordance with the Maintenance Charges Table (Attachment C). Additional Participant shall provide equipment (if any) described in the list attached as Attachment D. Additional Participant shall paysuch fees and other charges as may be set out in this Additional Participant Agreement, the attachments hereto and the Interlocal Agreement. Participant shall paylate charges compounded daily based on an 18% A.P.R. or the highest rate permitted bylaw for each day past the due date until fees and other charges are received by LCRA, with appropriate grace periods if LCRA fails to send the invoices on time. The terms used in this Additional Participant Agreement shall have the same meaning as those used in the Interlocal Agreement. Attachments A, B, C, and D shall apply only to Additional Participant and Attachments A, B, C, and D to the Interlocal Agreement shall not applyto Additional Participant. 4. RIGHT TO EXPAND. 4.1 As provided in the Interlocal Agreement, Provider may expand the services or the area for the Trunked Radio System by entering into agreements with Participant, Additional Participant or third parties. Such e~ansion shall not increase the cost of service to any Participant or Additional Participant during the initial ten (10) year term of the Interlocal Agreement nor diminish the capabilityto use the Trunked Radio System as agreed to be provided by Provider in any agreement to provide such services. ,..... 5. DEFAULT, REMEDIES. 5.1 In the event of default by Additional Participant, as the term default is used in the Interlocal Agreement, Prouder shall have the remedies provided in the Interlocal Agreement and shall also have the right to terminate Additional Participants participation in the Interlocal Agreement or suspend Additional Participants participation in the Interlocal Agreement without terminating or otherwise affecting the Interlocal Agreement and the other parties to the Interlocal Agreement. 6. WARRANTY OF AUTHORITY AND DUE EXECUTION 6.1 Additional Participant warrants to Provider and other parties to the Interlocal Agreement and third parties using the Trunked Radio System that Additional Participant has the Authority to enter into this Additional Participant Agreement and the person executing this agreement is dulyauthorized on behalf of Additional Participant to enter into this Additional Participant Agreement and that Additional Participant has agreed to be bound bythe Additional Participant Agreement, the Interlocal Agreement and the duties and obligations of Additional Participant set out in those agreements. 0 Dated to be effective this the ~ dayof , ~9~ PROVIDER Lower Colorado River Authority (LCRA) on behalf of Parties to the Interiocal Agreement forTelec mmunication Service By: y ~~'i°3 Title: Exec ive Mgr., Corporate Services .BRA le n arma Ion tcer~~ ADDITIONAL PARTICIPANT Kerr County By: Pat Tinley Title: Kerr County ,judge 3 ATTACHMENT A MOBILE RADIO SERVICE FEE AGREEMENT i. ENERGY • WATER • COMMUNITY SERVICES PARTICIPANT INFORMATION AGENCY NAME (PLEASE PRINT) Kerr Count Sheriff Office AGENCY ADDRESS 400 Clearwater Paseo CITY STATE ZIP PHONE FAX Kerrville TX 78028 830 896-1133 CONTACT NAME PHONE FAX Sheriff Rus Hierholzer BILLING ADDRESS, IF DIFFERENT FROM ABOVE CITY STATE ZIP TAX EXEMPT FEDERAL TAX ID TX YES .~ PURCHASE ORDER EFFECTIVE DATE Ma 1, 2003 No. of No. of Basic Service Sites Units Cost er Unit Per Month Local Area Up to 3 $19.95 $0.00 Extended Local Area 4 to 6 $24.95 $0.00 ReyiQnal area 7 to 9 $29.95 $0.00 E: ;gional Area 10 to 15 $39.95 $0.00 Network Service Area All sites $54.95 $0.00 Conventional Intertace $50.00 $0.00 Ind. School Dist. $9.95 $0.00 Public Safety-2nd radio $9.95 $0.00 Maestro Console $100.00 $0.00 Back-up Control Stations $5.00 $0.00 Regular Control Stations 1 $19.95 $19.95 Radios Not-In Service $0.00 $0.00 TOTAL BASIC SERVICE LEVEL FEES $19.95 OPTIONS I-CALL $5.00 $0.00 DATA $10.00 $0.00 T-Interconnect Initiate N/A $10.00 $0.00 T-Interconnect Receive Only NIA $5.00 $0.00 Interconnect Airtime (cost per minute) N/A $0.95 $0.00 TOTAL OPTION FEES $0.00 ANNUAL BILL _X_ TOTAL MONTHLY FEES $19.95 LCRA to review month) use and ad'ust service fees accordin I ANNUAL FEE $239.40 I have read, understood and agreed to the terms and conditions of this agreement. C~ ,'- per Signature: Date: ` f LCRA Signature: 1 Date: y 1703 Date Received: Dafe Entered: Entered by.~ a/2~2o03 Attachment B LCRA Mobile Radio Service Rate Table .-- Basic Service Rates Effective 111 /2000 Service LevellCoverage Area* $ Unit /Month Initial Rate 1 Local Area - up to 3 sites $19.95 2 Extended Local Area 4-6 sites $24.95 3 Regional Area 7 - 9 sites $29.95 4 Extended Regional Area 10 - 15 sites $39.95 5 Network Service Area -all LCRA sites $54.95 6 Conventionallnterface $50.00 7 Independent School Districts $9.95 8 Public Safety - 2nd Radio $9.95 9 Maestro Console $100.00 Service Description Basic Service Includes: 1. System Access - 24 hours per day, 7 days per week with unlimited air time 2. Telecommunications Operations Center (TOC) Support - 24 hours per day, 7 days per week 3. Emergency Call 4. Individual Call Receipt 5. Group Call Optional Rates Feature I-Call** Data Telephone Telephone Telephone Interconnect Interconnect Interconnect Receive only Initiate Airtime $lunit/ 5.00 10.00 N/A N/A N/A month Coverage Area - LCRA to review monthly use and adjust service fees accordingly. idividual Call -Private radio to radio call Attachment C Lower Colorado River Authority Post Office box 220 Austin, Texas 78767 * (512) 473-3200 Ext. 6330 TELECOM INSTALLATION & MAINTENANCE PRICE SHEET TYPE DESCRIPTION COST I. Installs: I. Underdash/Split Mount Installation includes: $ 250.00 - Programming - Testing - 3 db gain antenna - Swivel Mount 2. Dual Band/Dual Head Installation includes: $ 300.00 - Programming - Testing - 3 db gain antenna - Two Swivel Mounts - Installation of additional radio or Control head 3. Control Station Installation includes: $ 500.00 - 3 db Omni antenna - RS 20 amp power supply - 100' LMR-400 cable and connectors ** Tower work and external device work quoted separately II. Removal: Removal Includes: $ 50.00 1. Radio Equipment - Removal of existing radio and antenna III. Radio Reprogramming Radio Reprogramming - Per Customer request at LCRA Shop $ 25.00 - Per Customer request at Customer Location $ 25.00 + mileage 1V. Material Cost - Mobile antenna $ 30.00 - External speaker $ 100.00 V. Labor: 1. Regular time Hourly rate during normal hours (7:OOam - 3:30pm). $ 65.00 (scheduled) Next day / 24 hour response time. 2.Overtime Hourly rate outside normal hours. Same day response. $ 90.00 (unscheduled) 3. Call out Hourly rate for emergency or call out. Two hour response. $ 110.00 (emergency) VI. Mileage rate: Per mile rate for all travel to and from work location. No labor $ .90/mile charges during travel. '"~ • Any work beyond the scope of the above will be billed by the hour. • All installations are tested for correct SWR, Tx & Rx functions. • All work has a warranty of 90 days, which covers materials and labor due to defects in workmanship and manufacturing. This warranty does not include damage caused by misuse or by natural causes. Antennas and microphones are only covered under warranty due to defect in workmanship and manufaMuring. ATTACHMENT D -- Equipment Pricing For Stock Quantity Description Cost Each Total Cost Number $o.oo $o.oo $o.oo $o.oo NO EQUIPMENT ORDERED AT THIS TIME $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 '^ $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 TOTAL COST of Equipment Including Installation = X0.00 Signature Date Name 4/2/2003 May 12, 2003 TO: Kerr County Judge Pat Tinley and Ken County Commissioners' Court FROM: Sheriff W.R. Hierholzer RE: Interlocal Agreement with LCRA Consider and discuss authorizing Ken County Sheriff's Department to apply for SCRAP program. • ' j, 9 ;S 4. jt~;~,~it~l ti°~.~~.._, ~L.i ~~~ ~, i E~''i'j'i:~i'~i?'"."~ ~`.,'~ ?''}'_' ~.JfFiCC ~~ .~C1t~t9iCL' ~~i~~t'~ri"!~ v4'HA- S Y=:: PRQGRA~Y15 RE40LR"'c ~.E\'ER V 1~i5T1~='CPIL~ Pl:3Ll~~-IC1~S TRAIti h0 & TES,- h I ~ ~S.L ~SSIST~~CE :'E54AOr :~Jh° r-E n ~?~v-~~R ~.B~vL' 3JA :~~ >s + r;,' ~~ FY 2003 SCARP Information; _. Search B7A _ The FY 2003 appropriation includes $250 million for the State Criminal Alien Assistance Program (SCRAP). Here are some basic facts about the new program: The reporting period will cover July 1, 2001 through June 30, 2002. That is, you may include undocumented criminal aliens that meet the eligibility criteria and were detained or incarcerated during that time period. The online application is slated to open Monday, April 14, 2003, and close Friday, June 20, 2003. Applicants must register online for SCRAP prior to 5:00 p.m. (EDT) on May 23, 2003. Once the FY 2003 SCRAP application period has closed and all data has been reviewed by the Immigration and Naturalization Service, payments will be calculated and subject to release. Currently, payments are planned for July or August, 2003. Payments will be made electronically to the bank account of record, as established and verified through the online registration process. SCRAP program requirements, frequently asked questions and information about new program changes have been consolidated into the 2003 SCRAP Program Guidelines ( ). Please review this document prior to beginning an online application for FY 2003. Legislation: The SCARP Program was created by the Immigration and Nationality Act of 1990, Section 241, as amended, 8 U.S.C. 1231(1), pursuant to Section 20301 of the Violent Crime Control and Law Enforcement Act of 1994 (Public Law 103-322). Funding: FY 2003 funding is $250 million. SCRAP payments are calculated using a formula that provides a relative share of funding to jurisdictions that apply and is based on the number of eligible criminal aliens incarcerated. Eligibility: States and units of general government that have authority over correctional facilities that incarcerate or detain undocumented criminal aliens for at least four consecutive days are eligible to apply for SCRAP funds. The phrase "states and units of general government" encompasses the 50 states, the District of Columbia, American Samoa, Guam, the Northern Mariana Islands, Puerto Rico, the U.S. Virgin Islands, and over 3,000 counties and cities with jail facilities. http://www.ojp.usdoj.govBJA/grantlscaap.html 5/6/03 Internet. Eligible applicants begin the process by registering at the program's dedicated web site: .The chief executive officers of eligible jurisdictions must apply directly or delegate authority to another jurisdictional official to apply on behalf of the jurisdiction. Related Publications/Information: FY 2003 SCRAP Program Guidelines Related Links: Contact Information: Direct Toll Free Phone Support: Technical assistance is available, Monday through Friday, from 7:00 a.m. to 9:00 p.m. Eastern Time, via the GMS Helpdesk at 1-888-549-9901, Option 3. Written Inquiries: SCARP Program Manager Payments and Benefits Division Bureau of Justice Assistance 810 Seventh Street, NW. Washington, D.C. 20531 E-Mail Inquiries: Program and Policy Issues Technical Issues: httpJ/www.ojp.usdoj.govBJA/grant/scaap.html 5/6/03 Sheriff From: Scott Thompson [sthompson~UNIFICARE.com] Sent: Tuesday, April 29, 2003 4:07 PM To: sheriff cLDktc.com Subject: VIA ELECTRONIC MAIL KERR COUNTY W. R. Hierholzer Sheriff FY 2003 SCRAP UPDATE From VERTEX April 29, 2003 BJA HAS EXTENDED THE FY 2003 SCARP DEADLINES! The FY 2003 SCRAP online application period opened Monday, April 14, 2003 and will now end June 20, 2003. The deadline for online registration is 5:00 p.m. {EDT) on Friday, May 23, 2003. There is still time for your county to participate in the FY 2003 State Criminal Alien Assistance Program {SCARP) if you act immediately! VERTEX is presently assisting 86 Texas counties on a contingency fee basis in filing for this year's awards! If you can get this on the next Commissioners Court agenda for approval, VERTEX can still gather the inmate and financial data for your county to file! Don't let your county miss out on this opportunity to receive at least partial reimbursement for correctional officer salary costs incurred for housing undocumented criminal aliens that have at least one felony or two misdemeanor convictions for violations of State or local law and incarcerated for at least four consecutive days during the reporting period from July 1, 2001 through June 30, 2002! Please call or e-mail me immediately for more information. Scott Thompson Senior Regional Account manager Phone: 972/406-3704 Fax: 972/406-3790 mailto:sthompson@unificare.com 1 TEXAS COUNTY CLIENTS & FY 2002 SCAAP AWARDS Atascosa $ 12,604 Guadalupe $ 49,606 Nueces $ 121,112 Bell $ 227,149 Harrison $ 7,064 Ochiltree $ 10,570 Bosque $ 3,854 Hays $ 90,083 Orange $ 14,431 Bowie $ 3,676 Henderson $ 11,417 Parker $ 39,857 Brazos $ 102,329 Hill $ 14,972 Parmer $ 15,478 Caldwell $ 5,343 Hunt $ 4,690 Polk $ 1,719 Calhoun $ 7,032 Hutchinson $ 7,169 Randall $ 32,339 Castro $ 6,368 Jim Hogg $ 1,380 Rockwall $ 25,784 Cherokee $ 14,486 Jim Wells $ 7,791 Smith $ 93,614 Collin $ 350,432 Johnson $ 50,639 Starr $ 46,883 Comal $ 23,460 Kaufman $ 7,985 Tarrant $ 1 ,229,499 Comanche $ 4,760 Kleberg $ 44,768 Taylor $ 40,155 Crane $ 21,159 Lamar $ 8,206 Tom Green $ 37,097 Deaf Smith $ 13,367 Lee $ 7,928 Upshur $ 4,832 Denton $ 273,150 Limestone $ 3,105 Uvalde $ 6,515 Duval $ 1,416 Live Oak $ 13,937 Van Zandt $ 2,705 Eastland $ 8,964 Lubbock $ 57,265 Victoria $ 42,916 Ector $ 102,916 Matagorda $ 21,253 Walker $ 9,010 Ellis $ 104,347 Maverick $ 85,248 Webb $ 503,509 Fannin $ 7,434 McLennan $ 133,982 Williamson $ 270,392 Fayette $ 8,044 Midland $ 77,099 Wise $ 31,906 Ft. Bend $ 116,063 Milam $ 7,692 Wood $ 12,123 Gillespie $ 17,336 Moore $ 28,900 Zapata $ 40,275 Grayson $ 20,530 Navarro $ 32,700 81 TEXAS COUNTIES RECEIVED FY 2002 SCAAP AWARDS, 72 COUNTIES (89%) ARE VERTEX CLIENTS! INITIATIVE #1: Alien Assistance Program A) Description of Vertex's Contribution: Vertex recognizes that Kerr County, Texas is being underpaid for housing illegal aliens. Vertex will develop the cost data, secure the necessary data required to document qualified inmates, and prepare the Alien Assistance claims. Vertex will work with the Sheriffs Department to optimize future claims by securing 100% allowable data related to inmates. B) Baseline Calculation: Kerr County was receiving nothing from this program prior to our initiating the first and subsequent claims. Vertex will be paid its fees, per its contract with Kerr County, on all additional amounts generated above this annual baseline amount. C) Claims submitted: 1. None yet D) Total Increased Reimbursements expected: Unknown until cost allocation plan developed and data collected. E) Agreed, Vertex may proceed with this Initiative: KERB COUNTY, TEXAS: VERTEX TARGETED OPPORTUNITIES A Business Unit of Unificare, Ltd. Federal Identi5cation Number 75-2795617 By: UniScare 1, Inc. Its General Partner Name By: Title Scott Thompson Senior Regional Account Manager 2010 Valley View Lane, Suite 300 Dallas, Texas 75234 Date AGREEMENT FOR PROFESSIONAL SERVICES between Vertex Targeted Opportunities and Kerr County, Texas This Agreement is entered into by and between Kerr County, Texas (hereinafter referred to as the "County") and Vertex Targeted Opportunities, a business unit of Unificare, LTD, (hereinafter referred to as "VERTEX" or "Contractor"), located at 2010 Valley View Lane, Suite 300, Dallas, Texas 75234. WITNESSETH WHEREAS, many of the services provided by the County are funded directly by local and state funds when, in fact, some of those services are eligible for Federal Financial Participation (hereinafter "FFP"); and WHEREAS, VERTEX is willing and able to provide professional assistance to explore opportunities for new FFP, to review prospects for expansion of existing FFP, and to secure additional FFP as may be appropriate for the County; WHEREAS, this is a contract for the purchase of a personal or professional service and is exempt from the open bid requirement established by Section 262.023 of the Texas Local Government Code when the Commissioners Court by order grants the exemption; NOW, THEREFORE, for and in consideration of these mutual covenants and promises recorded herein, the parties hereto agree as follows. ARTICLE I RESPONSIBILITIES OF VERTEX 1.01 VERTEX agrees to perform the following services: a. VERTEX will review the policies and procedures used by the County to identify such additional Federal and other revenue sources, if any, as may be available to the County through participation in new programs or expansion of existing FFP. To secure additional revenues for the County, VERTEX will: i. Meet with County officials, including those who represent programs providing services that may be eligible for FFP, and identify FFP opportunities; ii. Prepare a written summary (the "Initiative") sufficient to briefly describe the FFP opportunity; Vettez Contract 21901 iii. Assist the County in its efforts to prepare and present a claim for recovery of additional Federal dollars following approval of an Initiative; and iv. Assist the County in negotiations with Federal agencies to ensure that the County receives the additional revenues identified by VERTEX. 1.02 VERTEX will continually monitor for new opportunities of funding. a. Whenever a new opportunity arises, the County shall have sixty (60) days to act on its own. b. Sixty (60) days after an opportunity becomes available and the County has not acted to claim the new dollars, VERTEX may (i) notify the County of that opportunity, (ii) obtain County approval of a new Initiative embracing the opportunity. VERTEX will then assist the County to claim revenues identified by the approved Initiative and be entitled to compensation as set forth in Article VI of this Agreement. ARTICLE II RESPONSIBILITIES OF THE COUNTY 2.01 The County agrees to perform the following activities: a. Designate a contract monitor who shall: i. Be the person responsible for monitoring VERTEX's performance under the terms and conditions of this agreement; and ii. Authorize payment for services rendered based upon properly submitted invoices to the County in accordance with Article VI of this agreement (i.e. Compensation). b. Provide VERTEX with copies of or access to documents and databases that are necessary for the successful completion of work required by this agreement. ARTICLE III INITIAL TERM AND RENEWAL 3.01 The initial term of this Agreement is three (3) years, commencing with the date of this contract (the "Initial Term"). Provided, however, either party may cancel this Agreement by giving thirty (30) day's written notice prior to the beginning of the County's fiscal year. Upon receipt of such notice, VERTEX shall complete the federal reimbursement claims for the fiscal year in which the notice is given. VERTEX shall be compensated for these final federal claims in accordance with Article VI. 3.02 Upon conclusion of the Initial Term of this Agreement, this Agreement will automatically be renewed on a year-by-year basis, under the same terms and conditions as set forth herein, unless written notice is given at least thirty (30) days prior to the expiration of this Agreement. Vertex Contract ? 1901 ARTICLE IV REPORTS VERTEX shall furnish the County with periodic reports on the effectiveness of VERTEX'S engagement. ARTICLE V CONFIDENTIALITY The County and VERTEX mutually agree that the confidentiality of the information obtained by VERTEX shall be strictly observed, as permitted by law, in any reporting, auditing, invoicing and evaluation, provided however, that this provision shall be construed as a standard of conduct and not a limitation upon the right to conduct the foregoing activities. ARTICLE VI COMPENSATION 6.1 The intent of this Agreement is to compensate VERTEX only for new revenues received by the County that are a direct result of VERTEX's efforts. The parties agree VERTEX will be compensated for new or enhanced revenue sources that directly result from VERTEX's activities at the following rate: • Twenty-two percent (22°Io) of all revenue paid to the County (prospectively or retroactively) as described in each of the Initiatives. 6.2 Unless otherwise agreed or directed by VERTEX in writing, the County shall make payment to the order of VERTEX, at 2010 Valley View Lane, Suite 300, Dallas, Texas 75234. 6.3 Notwithstanding any other provision herein, VERTEX will be due its fees for monies paid pursuant to each Initiative approved by the County for a minimum period of two (2) years. The start date will be from the date each new or enhanced claim is submitted for reimbursement under a County approved Initiative or program. VERTEX'S compensation period may be extended beyond the minimum period of two (2) years, depending on the term and renewals set forth in this Agreement. 6.4 Both parties recognize that delays in payment or reimbursement to the County by the Federal government may occur. VERTEX will be reimbursed within thirty (30) days after funds are actually received by the County and an accurate invoice is delivered to the County by VERTEX, even if those receipts occur beyond the term of contract. 6.5 VERTEX agrees that in the unlikely event any funds recovered by the County as a result of this agreement be subsequently disallowed, that the related fees paid to VERTEX based on such disallowed reimbursements will be credited against future payments to VERTEX, or be promptly repaid to the County should this agreement be terminated. In any event, the monetary amount of damages and the Vertex Contrxcl 21901 3 full extent of VERTEX'S liability to the County, if any, shall be strictly limited to the amount of funds paid to, or owed to, VERTEX as a result of this Agreement. 6.6 VERTEX is not obligated to make the County aware of all funding opportunities and shall have no liability for any omission to identify the same. 6.7 VERTEX shall have the right to review the County's claims, grant awards, and such books, records, and other documents as may be required to ensure that the payment of VERTEX's fees is in accordance with this Agreement. ARTICLE VII NOTIFICATION Any notice, specifications, reports, or other written communications from VERTEX to the County shall be considered delivered when posted by certified mail. Any notice, delivered by certified mail to VERTEX at the address on the first paragraph of this Agreement shall be considered delivered when posted. ARTICLE VIII MISCELLANEOUS PROVISIONS 8.1 Authoritv. All necessary approvals for the execution of this Agreement have been obtained and each person executing this agreement on behalf of the County is authorized to execute this Agreement as the binding act of the County. Some programs require a submission with digital signature from an authorized elected official of the County. Contractor will prepare the claim and then provide step by step instructions for the authorized County official to complete the online form. 8.2 Changes to be in Writing. This Agreement may be modified to include additional work the County desires to be completed on a fixed or contingent fee basis with the written consent of both parties. 8.3 Choice of Law. Forum Selection and Alternative Dispute Resolution. This Agreement has been accepted and executed by Contractor in the State of Texas and shall be governed by the laws of the State of Texas. County recognizes much of the claims preparation work will be performed by Contractor at its headquarters in Dallas County, Texas. The sole and exclusive venue for any legal action to enforce or interpret this Agreement shall be Kerr County, Texas, and the parties hereto agree to and do hereby submit to the jurisdiction of such court. However, the parties prefer informal resolution of any disputes. Prior to filing litigation, the parties shall discuss participating in alternative dispute resolution, including a pre-suit mediation or settlement conference. 8.4 Counterparts. This Agreement and the Initiatives that follow may be executed in separate counterparts, each of which shall be deemed to be an original, and such counterparts shall together constitute but one and the same document. 8.5 Entire Agreement. This Agreement and its attachments (including all approved Initiatives), if any, contain the entire Agreement between the Contractor and the County. Any previous proposals, offers, discussions, preliminary understandings and other communications relative to this Agreement, oral or written, are hereby superseded by this Agreement. 8.6 Force Maieure. Contractor shall be excused from performance during any delay beyond the time named for the performance of this contract caused by any act of God, war, civil disorder, strike or other cause beyond its reasonable control. 8.7 Headings. The headings used herein are for convenience only and shall not limit the construction or interpretation hereof. 8.8 Inconsistencies. Where there exists any inconsistency between this Agreement and other provisions of collateral contractual agreements that are made a part hereof by reference or otherwise, the provisions of this Agreement shall control. Vertex Contract 2I9U1 4 8.9 Indemnification. Contractor agrees to indemnify the County, its officers, employees and agents for injury to persons or property, including contractor, its officers, employees or agents, the County, its officers, employees or agents, or other persons where such injury proximately results from an intentional act or omission of the Contractor or its employees. 8.10 Indeaendent Contractor. Contractor shall be considered an independent contractor and not an employee of the County. Contractor shall be solely responsible for paying its own staff and the out-of-pocket expenses it incurs in providing services hereunder. Contractor shall also maintain general liability insurance at its own expense, in addition to workers' compensation coverages as may be required by law, and will provide proof of insurance to the County upon twenty (20) days notice. 8.11 Legal Fees. In the event a claim for damages is made under this Agreement, the claimant shall be entitled to recover reasonable and necessary attorneys' fees, provided that said claim is first presented in writing and remains unpaid for thirty (30) days. 8.12 Non-Discrimination. In performing this Agreement, contractor agrees it will not engage in discrimination in employment of persons because of the race, color, sex, national origin or ancestry, or religion of such persons. 8.13 Prohibition against Assignment. There shall be no assignment or transfer of this Agreement without the prior written consent of both parties hereto, except as follows: Contractor shall be permitted to assign its right to be paid by the County after completing its work on an Initiative. 8.14 Rule of Construction. Each party and its legal counsel have been afforded the opportunity to review and revise this Agreement. The normal rule of construction to the effect that any ambiguities are to be resolved against the drafting party shall not be employed in the interpretation of this Agreement or any amendments of exhibits hereto. 8.15 Severability. Each paragraph and provision hereof is severable from the entire Agreement and if any provision is declared invalid, the remaining provisions shall nevertheless remain in effect. 8.16 Terminology and Definitions. All personal pronouns used herein, whether used in the masculine, feminine or neutral, shall include all other genders; the singular shall include the plural and the plural shall include the singular. 8.17 Waiver. The failure on the part of any party to exercise or to delay in exercising, and no course of dealing with respect to any right hereunder shall operate as a waiver thereof; nor shall any single or partial exercise of any right hereunder preclude any other or further exercise thereof or the exercise of any other right. The remedies provided herein are cumulative and not exclusive of any remedies provided by law or in equity, except as expressly set forth herein. IN WITNESS WHEREOF, the undersigned parties have executed this Agreement as of the date written below. EXECUTED THIS ~ DAY OF 2003 AGREED: ACCEPTED BY: KERR COUNTY, TEXAS VERTEX TARGETED OPPORTUNITIES ~ _ _, ~_~ 1 Name - ~ ~~~ Title ~' ~ ~~ tiJ.,~~_ Address: ? ~~ ~ ; .~ jc~.,rvv : I l~ . ~ 7 ~v A Business Unit of Unificare, Ltd. Federal Identification Number 75-2795617 By: Unificare 1, Inc. Its General Partner By: Scott Thompso Senior Regional Account Manager 2010 Valley View Lane, Suite 300 Dallas, Texas 75234 Vertex Contract 21901 INITIATIVE #1: Alien Assistance Program A) Description of Vertex's Contribution: Vertex recognizes that Kerr County, Texas is being underpaid for housing illegal aliens. Vertex will develop the cost data, secure the necessary data required to document qualified inmates, and prepare the Alien Assistance claims. Vertex will work with the Sheriff's Department to optimize future claims by securing 100°Io allowable data related to inmates. B) Baseline Calculation: Kerr County was receiving nothing from this program prior to our initiating the first and subsequent claims. Vertex will be paid its fees, per its contract with Kerr County, on all additional amounts generated above this annual baseline amount. C) Claims submitted: 1. None yet D) Total Increased Reimbursements expected: Unknown until cost allocation plan developed and data collected. E) Agreed, Vertex may proceed with this Initiative: KERR COUNTY, TEXAS: ~ ~/~ ~ Nam _~, Title n Date S ~/ - ~.~ VERTEX TARGETED OPPORTUNITIES A Business Unit of Unificare, Ltd. Federal Identification Number 75-2795617 By: Unificare 1, Inc. Its General Partner By: Scott hompson Senior Regional Account Manager 2010 Valley View Lane, Suite 300 Dallas, Texas 75234 SCRAP CLIENTS FOR F~ 2003 Andrews Atascosa Bell Bosque Bowie Brazoria Brazos Brown Burnet Caldwell Calhoun Castro Cherokee Collin Colorado Corral Comanche Crane Crockett Culberson Deaf Smith Denton Duval Eastland Ector Edwards Ellis Fannin Fayette Fort Bend Gillespie Grayson Guadalupe Harrison Hays Henderson Hill Hudspeth Hunt Hutchinson Jack Jim Hogg Jim Wells Johnson Kaufman Kleberg Lamar Lee Limestone Live Oak Lubbock Matagorda Maverick Mc Lennan Menard Midland Milam Montgomery Moore Navarro Nolan Nueces Ochiltree Orange Parker Parmer Polk Presidio Randall Rockwall Smith Starr Tarrant Taylor Tom Green Upshur Uvalde Val Verde Van Zandt Victoria Walker Webb Williamson Wise Wood Zapata Partial List of References/Contacts At County SherifF's Offices in Texas (Population) [Jail bed count] [FY 2002 SCRAP Award $] ATASCOSA (Jourdanton) (109K) [138 beds] [$12,604] ]ail Administrator Bryan Crouch 830/769-3434 BRAZOS (Bryan) (395K) [547 beds] [$102,329] Sheriff Chris Kirk 979/361-4100 CHEROKEE (Rusk) (105K) [102 beds] ($6,368] Sheriff ]amen E. Campbell 903/683-2271 RANE (Crane) (8K) [24 beds] [$21,159] Sheriff Danny Simmons 915/558-3571 DENTON (Denton) (890K) [961 beds] [$273,150] Captain Bob Powell 940/898-5622 GILLESPIE (Fredericksburg) (9K) [15 beds] [$17,336] Chief Deputy Mel Gideon 830/997-7814 GUADALUPE (Seguin) (254K) [598 beds] [$49,606] ]ail Administrator Debra Barry 830/303-6342 ]OHNSON (Cleburne) (343K) [483 beds] [$50,639] Chief Deputy ]immy ]ohnson 817.556-6058 LUBBOCK (Lubbock) (788K) [795 beds] [$57,265] CO~LLIN_(McKinney) (607K) [704 beds] [$350,432] Sheriff Terry Box 972/547-5102 DEAF SMITH (Hereford) (64K) [94 beds] [$13,367] Sheriff Brent Harrison 806/364-2311 ELLIS (Waxahachie) (244K) [647 Beds] [$104,347] Sheriff Ray Stewart 972/923-4900 GRAYSON (Sherman) (290K) [382 beds] ($20,530] Sheriff Keith Gary 903/893-4388 HAYS (San Marcos) (218K) [286 beds] [$70,625] Chief Deputy Ramsey Garza 512/396-6166 KLEBERG (Kingsville) (127K) [124 beds] [$44,768] Chief Deputy Marcos Perez 361/595-8500 MATAGORDA (Bay City) (88K) [89 beds] [$21,253] Chief Deputy Paul Scarborough Chief Deputy Wayne Frieda 806/775-1500 979/245-5526 (Population) [Jail bed count] [FY 2002 SCAAP Award $] MAVERICK (Eagle Pass) (211K) [114 beds] [$85,248] Chief Deputy Enrique Rodriguez 830/773-2321 MIDLAND (Midland) {272K) [306 beds] [$77,099] Sheriff Gary Painter 915/688-1005 MC LENNAN (Waco)] (770K) [835 beds] [$133,892] Sheriff Larry Lynch 254/757-5110 M ORE (Dumas) (35K) [62 beds] [$28,900] Chief Deputy Bo DeArmond 806/935-4145 NAVARRO (Corsicana) OCHILTREE (Perryton) (185K) [290 beds] [$32,700] (23K) [32 beds] [$10,570] Captain Faith Holt, 7ai1 Admin. 7ai1 Administrator David Dodson 903/654-3001 806/435-8000 PARKER (Weatherford) PARMER (Farwell) (156K) [169 beds] [$39,857] (6K) [21 beds] j$15,478] ]ail Administrator George Pulse Sheriff Randy Geries 817/594-4208 806/481-3303 RANDALL (Canyon} (277K) [178 beds] [$32,339] Sheriff 7oel Richardson 806/655-6341 STARR (Rio Grande City) (244K) [275 beds] [$46,883] Sheriff Ray Guerra 956/487-5571 UVALDE (Uvalde) (48K) [48 beds] [$6,515] Sheriff Terry Crawford 830/278-4101 WEBB (Laredo) (592K) [571 beds] [$503,509] MITH (Tyler) (707K) [755 beds] [$93,614] Chief Deputy 7ohnnie Beddingfield 903/535-0950 TOM GREEN (San Angelo) {311K) [265 beds] [$37,097] Sheriff Toe B. Hunt 915/655-8111 VICTORIA (Victoria) (401K) [524 beds] [$42,916] Sheriff Michael Ratcliff 361/574-8000 ZAPATA (Zapata) (208K) [240 beds] [$40,275] Chief Deputy ]ose Salinas Sheriff Sigi Gonzalez, 7r. 956/718-8089 956/765-9960