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OFFICE of the ATTORNEY GENERAL
GREG ABBOTT
Texas VIN E
Annual Maintenance
GRANT CONTRACT
Fiscal Year 2007
Kerr County
ANNUAL MAINTENANCE
GRANT CONTRACT
THIS 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 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."
NOW, THEREFORE, in consideration of the covenants, agreements and conditions herein contained, the
Parties agree as follows:
1. PURPOSE; CONSTRUCTION OF AGREEMENT
1.1 Purpose.
The purpose of this Agreement is to reimburse COUNTY for certain cost incurred in the participation in the
Texas Statewide Crime Victim Notification Service (BANNS) for the jail and courts.
To ensure a standard statewide service to all interested counties, including COUNTY, the OAG will reimburse
COUNTY for services delivered to COUNTY by the vendor certified by the OAG to provide such standard
statewide services. The certification and the certification process are documented in that certain document dated
January 13, 2006, entitled: Vendor Certification for the Statewide Automated Victim Notification Service
S( AVNSI. This document is hereinafter referred to as the'Certification' and is expressly incorporated herein by
reference. The vendor certified to provide the services is Appriss, Inc., a Kentucky corporation authorized to do
business in Texas (hereinafter `Certified Vendor').
This Agreement documents the requirements, conditions, obligations, limitations, and other terms for COUNTY
to be eligible for cost reimbursement by the OAG.
1.2 Construction of Agreement. The provisions of this Section 1 aze intended to be a general introduction
to this Agreement, and to the extent the terms and conditions of this Agreement do not address a particulaz
circumstance or aze otherwise unclear or ambiguous, such teens and conditions aze to be interpreted and
construed consistent with the objectives, expectations and purposes stated in this Section 1. All Exhibits and
Schedules attached hereto are hereby incorporated by reference herein in their entirety for all purposes.
2. COUNTY OBLIGATIONS
2.1 Services Contract. COUNTY will execute or amend, as appropriate, a Services Contract with the
Certified Vendor to provide services consistent with the Certification document. The COUNTY Services
Contract will include terms and conditions that are intended to provide COUNTY such rights and remedies as are
necessary to ensure the delivery of the services in accordance with the Scope of Services section herein. For the
convenience of COUNTY, a template Services Con Vact may be made available to COUNTY. The OAG is not
acting as an attorney for COUNTY, therefore COUNTY is advised to have attorneys of its choice to review and
modify the template Services ConVact to protect the interest of COUNTY and to assure that the services will be
delivered according the Certification document.
2.2 Maintenance. COUNTY agrees to maintain the services in a manner consistent with the Scope of
Services and the COUNTY Maintenance Plan.
2.3 Maintenance Plan. By October 30, 2006 COUNTY shall send a copy of the COUNTY Maintenance
Plan to the OAG that at a minimum is designed to:
1. Make available offender information that is timely, accurate and relevant to support the victim
notification services;
2. Verify the Certified Vendor's performance according to COUNTY Services Contract;
3. Satisfactorily discharge such COUNTY obligations as described in the COUN'T'Y Services
Contract; and
4. Identify and commit of staff resources and equipment necessary to maintain the services as
further described herein.
2.4 Monitoring of Services; Statewide Stakeholders. COUNTY will inspect, monitor and verify the
performances required of the Certified Vendor. COUNTY will reasonably cooperate with and participate in
Statewide Stakeholders meetings and efforts to monitor and improve the services on a statewide basis. COUNTY
may reasonably agree to designate third-parties to assist COUNTY and the other Statewide Stakeholders, in the
overall monitoring, inspection and verification of the Certified Vendor's performances.
3. SCOPE OF SERVICES
3.1 Statewide Deliverables. The services are described by two sets of documents: (1) the Statewide
Deliverables, and (2) COUNTY Deliverables. The Statewide Deliverables describe the services and swcture of
the victim notification system on a statewide basis. The Statewide Deliverables may be modified from time to
time by the OAG upon the recommendation of the Statewide Stakeholders Committee. The Statewide
Deliverab]es include:
S-Ol	Service Specification
5-02	Questionnaire Template
5-03	Statewide Implementation Plan
5-04	Stakeholder Communication Plan
S-OS	Call Center Infrastrncture
S-06	County Implementation Plan Template
5-07	Web Sites(s)
S-08	Statewide Promotions Package
S-09	Internal Test Guide
5-10	Statewide Implementation Status Reports
5-11	Service Level Standazds
S-12	Service Performance Reports
V-01	Vendor Certification
The Statewide Deliverables are incorporated herein by reference. Upon request to the OAG, a copy of these
deliverables will be made available.
3.2 COUNTY Deliverables. COUNTY Deliverables reflect the Statewide Deliverables, as customized to
meet the specific needs of COUNTY (COUNTY Deliverables). COUNTY Deliverables include:
C-02 County Implementation Plan
C-03 County Infrastructure
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C-04	Application Interface
C-05	Customer Verification Plan
C-06	County Support Document
C-07	County Promotions Package
C-08	Production Notice
C-09	County Web Access
COUNTY will implement these deliverables through the COUNTY Services Contract. After these deliverables
are completed and approved by COUNTY, these COUNTY Deliverable aze incorporated herein by reference.
Upon request to the OAG, a copy of these deliverables will be made available.
3.3 Service Levels. Certain standards and levels of performance to be provided by the Certified Vendor to
COUNTY are described in the Statewide Deliverable S-11 Service Level Standards and the COUNTY Services
Contract. Other standards and levels of performance aze described in the other Statewide and COUNTY
Deliverables. COUNTY will inspect, monitor and verify the performances required of the Certified Vendor. In
addition to the requirements in the COUNTY.Services Contract to inspect, monitor and verify the performances
required of the Certified Vendor, COUNTY will:
Execute a Service Agreement with Appriss, the Texas SAVNS certified vendor, for the current
State of Texas Fiscal Year.
2. Each month, inspect, monitor and verify the performances required within
Section 4 of the Appriss Service Agreement and Sections 2 and 3 of the OAG Grant Contract.
3. Register for, verify, record and file at least eight information and
notification events each month. Each of the tested events must include verification of jai] and court data
that is on production in COUNTY. At least three of those events must be notifications.
4. Verify that the County input data elements used by the Appriss system are entered accurately and
in a timely manner. The standard to define whether the data is time]y and accurate should be determined
by the COUNTY Auditor or the person in COUNTY who assumes these independent responsibilities if
other than the Auditor.
5. Establish the COUNTY VINE log for the purpose of recording all problems
noted with the system, to whom the problem was referred, and when the problem
was resolved.
6. Provide periodic written reports (forms provided by the OAG) describing
COUNTY monitoring, findings, usage, problems and observations as requested
by the OAG.
7. Identify an available twenty-four hour phone number for the Certified
Vendor to access in order to review outage alarms that occur in COUNTY.
8. Allow on-site monitoring visits to be conducted by the OAG staff or its
authorized representative.
The COUNTY Judge may delegate the responsibility for assuring these activities are accurately reported to the
COUNTY Auditor or the person in COUNTY who assumes these independent responsibilities if other than the
Auditor.
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All correspondence, reports or notices shall be submitted to:
Attn.: Grants/Contracts Management
Office of the Attomey General
Crime Victim Services Division, Mail Code 004
Post Office Box 12548
Austin, Texas 78711-2548
3.4 XML ExtraM. To the extent permitted by law, COUNTY agrees to provide the OAG with a copy of
data transmitted by COUNTY to the Certified Vendor. COUNTY authorizes the Certified Vendor to directly
provide such data to the OAG. The Parties agree that this data may be used to monitor COUN'T'Y performance
and the Certified Vendor s performance. This data may be used for such other purposes allowed by law. The
data will be provided in such electronic format (including but not limited to an XML extract) as requested by the
OAG.
3.5 COUNTY Scope of Services Obligations. For the purpose of this Agreement, the requirements, duties
and obligations contained in the Statewide Deliverables, COUNTY Deliverables, Service Levels and other
requirements of this Section 3 are collectively referred to as the 'Scope of Work'. As a condition of
reimbursement, COUNTY agrees to faithfully, timely and in a good and workman like manner implement and
maintain the services in compliance with the Scope of Work.
4. REIMBURSEMENT
4.1 Maximum Liability of the OAG. The parties stipulate and agree that the total liabi]ity of the OAG to
COUNTY in consideration of full, satisfactory and timely performance of all its duties, responsibilities,
obligations, for reimbursement of all expenses, if any, as set forth in this Agreement, and all liability arising out
of any act or omission shall not exceed SEVENTEEN THOUSAND NINE HUNDRED and TWENTY-FIVE
and NO/100 ($17,925) DOLLARS. The Annual Maintenance Grant Contract Renewal Exhibit attached hereto
and incorporated herein describes the period and type of services funded under this Annua] Maintenance Grant
Contract Exhibit. The parties stipulate and agree that any act, action or representation by either party, their agents
or employees that purport to increase the liability of the OAG is void, without first 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.
The parties acknowledge, stipulate and agree that funding for this Agreement is subject to the actual receipt and
availability of grant funds appropriated to the Office of the Attorney General and such funds are sufficient to
satisfy all of the OAG's duties, responsibilities, obligations, liability, and for reimbursement of all expenses, if
any, as set forth in this Agreement or arising out of any performance pursuant to this Agreement. The parties
further understand, acknowledge, stipulate and agree that the grant funds, if any, received from the Office of the
Attorney General are limited by the term of each state biennium and by specific appropriation authority to the
Office of the Attomey General for the subject matter of this Agreement.
4.2 Grant Contract Not Entitlement or Right. COUNTY understands and agrees that: (])reimbursement
from grant funds is neither an entitlement nor a right; and (2) it may not be reimbursed for costs incurred during
the grant term or expenses paid during or subsequent to the grant term unless COUNTY strictly complies with all
terms, conditions, and provisions of this Agreement. COUNTY understands and agrees that it will not be
reimbursed for the cost of vendor services provided or delivered before the commencement date of this contract.
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4.3 Reimbursable Cost; Generally. Upon evidence of satisfactory compliance with the terms and
conditions of this Agreement, the OAG will reimburse COUNTY, subject to the limitations in Section 4.1, for
such actual, reasonable and necessary amounts expended in the performance of this Agreement. Only those costs
allowable under applicable UGMS cost principles are eligible for reimbursement under this contract. COUNTY
acknowledges that it is asub-recipient of state pass-through funds from the Crime Victims Compensation Fund.
Therefore, the following cost principles, audit requirements, and administrative requirements shall apply:
Cost Principles	Administrative Requirements	Audit Requirements
		
OMB A-87 as modified by
UGMS	OMB A-102 as modified by
UGMS	OMB A-133 as modified by
UGMS
Uniform Grant Management
Standards (UGMS) pursuant to
Government Code Chapter 783	Uniform Grant Management
Standards (UGMS) pursuant to
Government Code Chapter 783	Texas State Single Audit
Circular
Copies of these documents referenced above will be provided to COUNTY by the OAG upon request and these
documents are incorporated by reference as a part of this Agreement.
Before incurring any out-of-state travel expenses, COUNTY must obtain prior written authorization for that travel
from the OAG.
To be eligible for reimbursement under this contract, a cost must have been incurred or obligated by COUNTY
within the applicable contract period prior to claiming reimbursement from the OAG. Costs incurred by the last
day of the applicable contract term must be liquidated no later than 30 calendaz days after the end of the
applicable contract period.
If COUNTY expends $500,000 or more in state financial assistance during its fiscal year, it shat] arrange for a
single audit of that fiscal year. The audit must be conducted by an independent CPA and must be in accordance
with the applicable govemment auditing standards, the Texas State Single Audit Circular and the UGMS
published by the Governor's Office of Budget and Planning. For the purposes of this contract, the audit
provisions of OMB Circular A-133 shall apply to county contracting entities.
If COUNTY is expending less than $500,000 in total state financial assistance during its fiscal year, it shall
arrange for an annual independent financial audit in accordance with generally accepted govemment auditing
standards of that fiscal year.
For purposes of this Article, COUNTY shall comply with the applicable OMB Circulars with the following
modifications: All references to "Federal Grantor Agency (ies)" shall be expanded to read "Federal or State
Grant Agency (ies)." All references to "Federal Grant Funds" or "Federal Assistance" shall be expanded to read
"Federal and State Assistance;" "Federal Law" shall be expanded to read "Federal or State Law;" and all
references to "Federal Govemment" shall be expanded to read "Federal or State Government," as applicable.
In procuring any audit services required by this contract and/or by law, COUNTY shall comply with applicable
procurement statutes, as well as any requirements found in UGMS regazding such procurement.
COUNTY shall submit to the OAG two (2) bound copies of any and all applicable audit reports, management
letters, and management responses. Such reports, letters, and responses must be submitted on or before
whichever of the following dates occurs first:
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a. thirty (30) days after the issuance of the audit report;
b. within nine (9) months after the end of the audited fiscal yeaz for those counties whose fiscal year
begins on or after October 1.
COUNTY shall provide physical access, without prior notice, and shall direct any contractor and subcontractor to
likewise grant access to all program delivery sites to representatives of the State of Texas and/or the OAG.
4.4 Reimbursement; COUNTY Services Contract. Upon evidence of satisfactory compliance with the
tetras and conditions of this Agreement, the OAG will reimburse COUNTY such actual, reasonable and
necessary amounts expended, subject to the limitations in Section 4.1, for the COUNTY Services Contract.
4.5 Advance Funding to COUNTY. In lieu of the reimbursement processes addressed above, the OAG
may provide limited, advance funding to COUNTY, if COUNTY justifies in writing that advance funding is
required for implementation.
The OAG may provide advance funding to COUNTY in an amount equal to the annual maintenance cost no
sooner than thirty (30) calendaz days prior to the annual maintenance cost becoming due and payable under the
COUNTY Services Contract
COUNTY must submit an invoice to the OAG specifically requesting an advance funding, the amount of the
payment and the invoice must state the date annual maintenance cost is due and payable. COUNTY should
submit an invoice to the OAG no sooner than forty-five (45) days and no later than thirty (30) days before
COUNTY needs to receive the funding.
The documentation necessary to support an advanced funding request includes: (1) a fully executed County
Services Contract with the certified vendor for the time period covered by the advanced funding request; (2) a
fully executed Annual Maintenance Grant Contract for the time period covered by the advanced funding request;
(3) an OAG form titled Verification of Continuing Production; (4) an invoice from the certified vendor for the
time period covered by the advance funding request; (5) an invoice to the OAG that complies with the
requirements of the OAG Template Invoice; and (6) a written justification explaining the need for advance
funding.
5. Invoice for Reimbursable Cost
5.1 Form of Invoice. The form of any invoice for reimbursement of expenses submitted under this section
must comply with such invoicing requirements and such detail and supporting documentation that the OAG may
from tithe to time require. The OAG is under no obligation to reimburse COUNTY if supporting documentation
is not provided on a timely basis.
Each invoice presented must include the OAG's contract number. The invoice must identify COUNTY's Texas
Vendor Identification Number (VIN), a description of the expense, and a notation that the requested
reimbursement is in regazds to the Crime Victim Services Division, Victim Notification Services Grants. The
invoice must be dated after the execution date of the OAG/COUNTY Annual Maintenance Grant Contract.
The invoices must be submitted to:
Atm.: GrantsfContracts Financial Management
Office of the Attorney General
Crime Victim Services Division, Mail Code 005
Post Office Box 12548
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Austin, Texas 78711-2548
5.2 Timing of Invoice. COUNTY shall submit its claims for reimbursement to the OAG within twenty (20)
calendar days following the end of the month that a reimbursable expenditure was incurred. COUNTY may
submit amake-up claim as a final close-out invoice not later than the earlier of (1) forty-ftve (45) calendaz days
after termination; or (2) forty-five (45) calendar days afer the end of a state fiscal biennium.
53 Direct Deposit. COUNTY may make a written request to the OAG to be placed on Direct Deposit status
by completing and submitting to the OAG the State Comptroller's Direct Deposit Authorization Form. Afrer the
direct deposit request is approved by the OAG and the setup is completed on the Texas Identification Number
System by the State Comptroller's Office, payment will be remitted by direct deposit and the OAG will
discontinue providing COUNTY with copies of reimbursement vouchers.
5.4 Excess Payments; Refund; Setoff. Payment under this Agreement will not foreclose the right of the
OAG to recover excessive or unallowable payments from COUNTY. COUNTY shall refund to the OAG within
thirty (30) calendar days from date of request any funds COUNTY claims and receives from the OAG for the
reimbursement of costs which are subsequently determined by the OAG to be ineligible for reimbursement.
The OAG will have the right to withhold all or part of any future payments to COUNTY to offset any
reimbursement made to COUNTY for any ineligible expenditures not yet refunded to the OAG by COUNTY.
The OAG may withhold reimbursement(s) from either this contract or an expired contract between the parties
with the same funding source, in amounts necessary to fulfill the repayment obligations of COUNTY.
6. AGREEMENT TERM
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 [emanated earlier as provided by another provision
of this Agreement this Agreement will terminate August 31, 2007. The FY 2007 Annual Maintenance Grant
Contract Renewal describes the period of services funded under this grant contract. No commitment of grant
funds is permitted prior to the first day or subsequent to the last day of the Renewal Term. Nothing herein shall
prevent the parties from revising the term of this Agreement by a written amendment.
6.2 Renewal Term. Subject to the availability of future grant funds for this Agreement, this Agreement may
be renewed for an additional period(s) to coincide with the term of future appropriations for the purposes of this
Agreement. Such renewal shall be by a written amendment and executed with the same formalities as this
Agreement.
7. TERMINATION
7.1 Termination for Convenience; Refund. Either Party may, in its sole discretion, terminate this
Agreement in whole or in part, upon thirty (30) calendar days notice to other party. In the event of a termination
for convenience, the OAG shall not have any cost or liability to County for reimbursement after the effective date
of the termination.
In the event COUNTY elects to terminate for convenience, COUNTY shall refund the amount of unearned grant
funds, on a pro rata basis, to the OAG. COUNTY agrees to pay such amount within ninety (90) calendar days of
the effective date of the COUNTY notice of termination.
7.2 Termination for Cause. In the event that COUNTY fails to perform its obligations according to the
provisions of this Agreement, or fails to comply with any of the terms or conditions of this Agreement, the OAG
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may, upon written notice of default to COUNTY, immediately terminate all or any part of this Ageement.
Termination is not an exclusive remedy, but will be in addition to any other rights and remedies provided in
equity, by law, or under this Agreement.
7.3 Rights Upon Termination or Expiration. Upon termination of the Agreement, all work product,
Deliverables, equipment, all files, records, reports, data, intellectual property license or right and other documents
obtained, used, prepared or otherwise developed by COUN'T'Y in the performance of the scope of work
authorized by this Agreement shall vest in the OAG, and upon request of the OAG shall be delivered to the OAG
within thirty (30) business days after expiration or termination. The OAG is gamed the unrestricted right to use,
copy, modify, prepare derivative works, publish and distribute, at no additional cost to the OAG, in any manner
the OAG deems appropriate in its sole discretion, any component of the work product or other deliverable made
the subject of this Ageetnent.
8. Intellectual Property. COUNTY understands and agees that where funds obtained under this
Agreement may be used to produce original books, manuals, films, or other original material and intellectual
property, COUNTY may copyright such material subject to the royalty-free, non-exclusive, and irrevocable
license which is hereby reserved to the OAG, or state government. The OAG is gamed the unrestricted right to
use, copy, modify, prepare derivative works, publish and distribute, at no additional cost to the OAG, in any
manner the OAG deems appropriate in its sole discretion, any component of such intellectual property made the
subject of this Agreement.
COUNTY may publish at its expense the results of its contract performance if it first obtains prior OAG review
of that publication. Any publication (written, visual, or sound) must include acknowledgment of the support
received from the OAG and the appropriate state grant, if applicable. At least three (3) copies of any such
publication must be provided to the OAG. The OAG reserves the right to require additional copies before or
after the initial review. All copies shall be provided to the OAG free of charge.
9. AUDIT RIGHTS; RECORDS RETENTION
9.1 Duty to Maintain Records. COUNTY shall maintain adequate records to support its charges,
procedures, and performances to the OAG for all work related to this Agreement. COUNTY also shall maintain
such records as are deemed necessary by the OAG, OAG's auditor, and auditors of the State of Texas, the United
States, or such other persons or entities designated by the OAG, to ensure proper accounting for all costs and
performances related to this Agreement.
9.2 Records Retention. COUNTY shall maintain and retain for a period of four (4) yeazs after the
submission of the final expenditure report, or until full and final resolution of all audit or litigation matters which
arise after the expiration of the four (4) year period after the submission of the final expenditure report, whichever
time period is longer, such records as are necessary to fully disclose the extent of services provided under this
Agreement, including but not limited to any daily activity reports and time distribution and attendance records,
and other records that may show the basis of the charges made or performances delivered.
9.3 Audit Trails. COUNTY shall maintain appropriate audit trails to provide accountability for updates to
mission critical infotmation, charges, procedures, and perfotmances. Audit trails maintained by COUNTY will,
at a minimum, identify the supporting documentation prepared by COUNTY to permit an audit of the system by
tracing the activities of individuals through the system. COUNTY'S automated systems must provide the means
whereby authorized personnel have the ability to audit and to verify contractually required performances and to
establish individual accountability for any action that can potentially cause access to, generation of, or
modification of confidential information. COUNTY agrees that COUNTY'S failure to maintain adequate audit
trails and corresponding documentation shall create a presumption that the services or performances were not
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performed
9.4 Access. COUNTY shall grant access to all paper and electronic records, books, documents, accounting
procedures, practices, and any other items relevant to the performance of this Agreement and the operation and
management of COUNTY to the OAG, the State of Texas, the United States, or such other persons or entities
designated by the OAG for the purposes of inspecting, auditing, or copying such items. All records, books,
dceuments, accounting procedures, practices, and any other items, in whatever form or media, relevant to the
performance of this Agreement shall be subject to examination or audit in accordance with all contract
performances and duties, all applicable state and federal laws, regulations or directives, by the OAG, the State of
Texas, the United States, or such other persons or entities designated by the OAG. COUNTY will direct any
contractor to discharge COUNTY'S obligations to likewise permit access to, inspection of, and reproduction of all
books and records of the subcontractors} that pertain to this Agreement.
9.5 Location. Any audit of documents listed in Section 9.4 shall be conducted at COUNTY'S principal
place of business and/or the location(s) of COUNTY'S operations during COUNTY'S normal business hours and
at the OAG's expense. COUNTY shall provide to the OAG and such auditors and inspectors as the OAG may
designate in writing, on COUNTY'S premises (or if the audit is being perforned of a subcontractor, the
subcontractor's premises if necessary) space, office furnishings (including lockable cabinets), telephone and
facsimile services, utilities and office-related equipment and duplicating services as the OAG or such auditors
and inspectors may reasonably require to perform the audits described in this Section 9.
9.6 Reimbursement. If an audit or examination reveals that COUNTY'S invoices for the audited period aze
not accurate, COUNTY shall promptly reimburse the OAG for the amount of any overcharge, unallowable or
excessive amount.
9.7 Reports. COUNTY shall provide to the OAG periodic status reports in accordance with the OAG's
audit procedures regarding COUNTY'S resolution of any audit-related compliance activity for which COUNTY is
responsible.
10. Independent Contractor Status and General Liability Provision. COUNTY shall be deemed [o be
an independent contractor hereunder and shall not be considered or permitted to be an agent, servant, joint
venturer, joint enterpriser or partner of the OAG. COUNTY agrees to take such steps as may be necessary to
ensure that each contractor of COUNTY will be deemed to be an independent contractor and will not be
considered or permitted to be an agent, servant, joint venturer, joint enterpriser or partner of the OAG. All
persons furnished, used, retained, or hired by or on behalf of COUNTY or any of its subcontractors shall be
considered to be solely the employees or agents of COUNTY or such subcontractor, and COUNTY shall be
responsible for ensuring that there is payment of any and all unemployment, social security, and other payroll
taxes for such persons, including any related assessments or contributions required by law.
11. Publicity. COUNTY shall not use the OAG's name or refer to the other Party directly or indirectly in
any media release or public announcement relating to this Agreement or any acquisition pursuant hereto,
including in any promotional or marketing materials, without consent from the OAG for each such use or release.
12. Amendment. This Agreement shall not be modified, amended or in any way altered except by an
instrument in writing signed by authorized personnel of the Parties for that express purpose. All amendments or
modifications of this Agreement shall be binding upon the Parties despite any lack of consideration. Any
attempted amendment or modification of this Agreement that does not comply with this Section will be deemed
void.
13. Non-waiver. The failure of any party to insist upon strict performance of any of the terms or conditions
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herein, irrespective of the length of time for which such failure shall continue, shall not be a waiver of that party's
right to demand strict compliance in the future. No consent or waiver, express or implied, to or of any breach or
default in the performance of any obligation under this Agreement shall constitute a consent or waiver to or of
any breach or default in the performance of the same or any other obligation of this Agreement. No term or
provision of this Agreement or of any document incorporated herein by reference shall be deemed waived and no
breach shall be deemed excused unless such waiver or consent shall be in writing and signed by the Party claimed
to have waived or consented.
14. Partial Invalidity. If any term or provision of this Agreement, or of any document incorporated herein
by reference, is found to be illegal or unenforceable then, notwithstanding such illegality or unenforceability, this
Agreement, and each incorporated document, shall remain in full force and effect and such term or provision
shall be deemed to be deleted.
15. Counterparts. This Agreement may be executed in one or more counterparts, each of which shall be
deemed an original, but all of which together shall constitute one and the same instrument.
17. Entire Agreement. This Agreement reflects the enure agreement between the Parties with respect to the
subject matter therein described, and there are no other representations, understandings or agreements between
the Parfies relative to such subject matter.
18. Governing Law; Venue. This Agreement is made and entered into in the State of Texas, and this
Agreement and all disputes arising out of or relating thereto shall be governed by the laws of the State of Texas,
without regard to any otherwise applicable conflict of law rules or requirements.
Except where state law establishes mandatory venue, COUNTY agrees that any action, suit, litigation or other
proceeding (collectively "litigation") arising out of or in any way relating to this Agreement, or the matters
referred to therein, shall be commenced exclusively in the Travis County District Court or the United States
District Court in the Western District and Austin Division, and to the extent permitted by law, hereby irrevocably
and unconditionally consent to the exclusive jurisdiction of those courts for the purpose of prosecuting and/or
defending such litigation. COUNTY hereby waives and agrees not to assert by way of motion, as a defense, or
otherwise, in any suit, action or proceeding, any claim that (a) COUNTY is not personally subject to the
jurisdiction of the above-named courts, (b) the suit, action or proceeding is brought in an inconvenient forum or
(c) the venue of the suit, action or proceeding.
19. Official Capacity. The Parties stipulate and agree that the signatories hereto are signing, executing and
performing this Agreement only in their official capacity.
Office of the Attorney General of Texas
By: _
Don Clemmer, Deputy Attorney General for
Criminal Justice
~ ~ _-__
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Kerr County, Texas
w
By: . J
P ~~
FY 2007 Annual Maintenance
Grant Contract Renewal Exhibit
Automated Victim Notification Service
Ken County
September 1, 2006 to August 31, 2007
For: Jail and Courts
Size: Medium
Annual Maintenance Amount
The Office of the Attorney General will reimburse an annual maintenance amount for the Service Period above
determined as follows:
Standard
Jail Amount	Standard
Courts Amount	
Total Annual	
Number of Months	
Total Due
$15,259	$ 2,666	$17,925	12	$17,925
Renewal Requirements
The maximum the OAG will reimburse or advance COUNTY under this agreement for the time period indicated
will not exceed the amount in the Total Due column noted above
To be considered for advance funding, please review subsection 4.5 in the Annual Maintenance Grant Contract.
The documentation necessary to support an advanced funding request include: (1) a fully executed County
Services Agreement with the certified vendor for the time period covered by the advanced funding request; (2) a
fully executed Annual Maintenance Grant Contract for the 6me period covered by the advanced funding
request; (3) an OAG form titled Verification of Continuing Production; (4) an invoice from the certified vendor
for the time period covered by the advance funding request; (5) an invoice to the OAG that complies with the
requirements of the OAG Template Invoice; and (6) a written justification explaining the need for advance
funding.
DO NOT DETACH THIS DOCUMENT FROM THE GRANT CONTRACT
Annual Maintenance Renewal
Fiscal Yeaz 2007