ORDER NO. 29696
DISCUSS TEXAS VINE ANNUAL MAINTENANCE GRANT
CONTRACT FOR FISCAL YEAR 2006
Came to be heard this the 22nd day of May, 2006, with a motion made by
Commissioner Letz, seconded by Commissioner Baldwin. The Court
unanimously approved by vote of 3-0-0 to:
Approve the extension of the VINE Grant application.
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COMMISSIONERS' COURT AGENDA REQUEST
PLEASE FURNISH ONE ORIGINAL AND TEN 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 22.2006 TIME PREFERRED:
SUBJECT:
Consider, discuss and take appropriate action on the Texas VINE Annual Maintenance Grant Contract for
fiscal year 2006.
EXECUTIVE SESSION REQUESTED: (PLEASE STATE REASON)
NAME OF PERSON ADDRESSING THE COURT: SheriffHierholzer~
ESTIMATED LENGTH OF PRESENTATION: 3 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:
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 eazliest opportunity. See Agenda Request
Rules Adopted by Commissioners' Court.
May 22, 2006
TO: Kerr County Judge Pat Tinley and
Kerr County Commissioners' Court
FROM: Sheriff W.R. Hierholzer
RE: Texas VINE Annual Maintenance Contract
Consider, discuss and take appropriate action on the Texas VINE Annual
Maintenance Crrant Contract for fiscal year 2006.
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OFFICE of the ATTORNEY GENERAL
GREG ABBOTT
Texas VINE
First Amended
Annual Maintenance
GRANT CONTRACT
Fiscal Year 2006
Kerr County
FIRST AMENDED GRANT CONTRACT
FISCAL YEAR 2006
THIS FIIiST FISCAL YEAR 2006 AMENDED GRANT CONTRACT, including all Exhibits
and Schedules attached hereto and incorporated herein by reference (the Agreement) is made and
entered into by and between Kerr County, Texas hereinafter referred to as `COUNTY' and the
Office of the Attorney General of Texas (OAG). COUNTY and the OAG may be referred to in
this Agreement individually as a "Party" and collectively as the "Parties."
INDUCEMENTS
Whereas, on or about 1 211 812 0 0 5, the OAG and the COUNTY agreed to and executed that
certain Texas VINE Annttial Maitttenance Grant Contract identified as OAG Contract No. 06-
03863 hereinafter the "Original Contract."
Whereas, the OAG and COL7NTY desire to amend and or modify, alter, excise or add certain
terms, conditions and/or mutual covenants of the Original Contract as set forth hereinafter.
Whereas, the OAG and the COUNTY intend to create a new contract consisting of the new
amended and or modified, altered, excised or added terms, conditions and/or mutual covenants of
this First Amended Grant Contract and the remaining unchanged provisions of the Original
Contract.
NOW, THEREFORE, in consideration of the inducements, mutual covenants and conditions
herein contained, the parties agree as follows:
SECTION 1. ADZENDMENTS/MODIFICATIONS
1.1 Amendment to Subsection 4.1 Maximum Liability of the OAG.
The OAG and COUNTY agree to amend the Original Contract by replacing subsection Q.1
Maximum Liability of the OAG in the Original Contract with the following subsection.
4.1 Maximum Liability of the OAG. The parties stipulate and agree that the
total liability of the OAG to COi3NTY in consideration of full, satisfactory and
timely performance of all its duties, responsibilities, obligations, liability, and for
reimbursement of all expenses, if any, as set forth in this Agreement or arising out
of any performance herein shall not exceed FIFTEEN THOUSAND NINETY-
5IX and NO/100 DOLLARS ($15,096) for the Term of this Agreement. The
parties stipulate and agree that any act, action or representation by either party,
their agents or employee that purport to increase the liability of the OAG is void,
without fast executing a written amendment to this Agreement and specifically
amending this section. The parties acknowledge and agree that nothing in this
Agreement will be interpreted to create an obligation or liability in excess of the
funds currently stated in this Agreement.
Page 1
1.2 Amendment to Subsection 6.1 Initial Term
The OAG and COUNTY agree to amend the Original Contract by replacing subsection 6.1 Initial
Term in the Original Contract with the following subsection:
6.1 Initial Term. This term of this Agreement. shall commence on the final approval,
execution by the OAG and the delivery of this grant contract to COUNTY and unless
terminated earlier as provided by another provision of this Agreement this Agreement will
terminate on August 31, 2006. The R-Ol attached to this amendment describes the
period of services funded under this FirstAmended Grant Contract. No cormnitment of
grant funds is perrnitted prior to the first day or subsequent to the last day ofthe Initial Term.
Nothing herein shall prevent the parties from revising the team of this Agreement by awritten
amendment.
SECTION 2. ENTIRE AGREEMENT
The entire agreement between the OAG and the COUNTY consists of the new amended and or
modified, altered, excised or added temps, conditions and/or mutual covenants of this First Am~aded
Grant Contract and the remaining unchanged provisions of the Original Contract. No prior
agreement or understanding, oral or otherwise, of the parties or their agents will be valid or
enforceable unless embodied in this contract.
IN WITNESS THEREOF, THE PARTIES HAVE SIGNED AND EXECUTED THIS
CONTRACT IN MULTIPLE COUNTERPARTS.
Office of the Attorney General Kerr County, Texas
Donald Clemmer
Deputy Attorney General for
Criminal Justice
finely 1
County Judge
Date: Date:
Page 2
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Exhibit R-01
FY06 First Amended Grant Maintenance
Automated Victim Notification Services
Kerr County
March 1, 2006 to August 31, 2006
Category: Medium15
Subject to the terns and conditions included in the Agreement, this Exhibit R-Ol Schedule of
Payments shall describe the payments that Customer shall pay to Appriss.
Maintenance Amount.
Customer shall pay the certified vendor a maintenance amount for continuing service determined
as follows.
Standard Discount Discomrt # Months to Total
Amount176 RateF" Amount Total Annual 8/31/06 Renewal:
$18,870 20°/n $3,774 $15,096 6 $7,548
Services After Termination.
Subject to the terms and conditions included in the Agreement, the cost of Services provided by
Appriss to the Customer shall be goveaned by the following payment terms. Following either the
expiration m- teFmination of this Agreement, then Customer shall pay Appriss an amount equal to
1 /12th the then current Annual Maintenance Fee, for each month that the Customer elects to
receive the Services. Customer may elect to receive the Services for any increment of months up
to the maximum time period stated in the Agreement.
DO NOT DETACH THIS DOCUMENT FROM THE GRANT CONTRACT
17s
based on the size category of the county listed in Servce Price / Cuuntp Standard Pricing Guide ofthe Vendor Certification
176 based on the size artcgory oFthe county and the related puce listed in Serti~ice Price: I County Standard Pricing Guide oflhe
Yendar Cert~cahon
17 based on the number of counties participating as defined in Service Pnce. IV Discounts for Annual Service of the Vendor
Cert~cation
Exhibit R-Ol FY06 Maintenance Renewal - 4/11/2006